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CPA2007-00003
• AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 27, 2007 6:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 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. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard Area Chamber of Commerce Representative • Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for September 18,25 and October 9, 2007 3.2 . Receive and File: Notes from the October 30,2007 Fifth Tuesday Council Meeting 3.3 Local Contract Review Board: a. Award Contract for a Systems Integrator of Record to Portland Engineering, Inc. and authorize the City Manager to Execute the Contract b. Award Contract for Design Services for the Greenburg Road/Highway 99W/ Main Street Intersection Project to W&H Pacific Corporation c. Award Contract for Classification/Compensation Study to Koff&Associates and Authorize the City Manager to Enter into a Contract for Professional Services to Conduct the Study 3.4 Approve Budget Amendment#7 to the FY 2007-08 Budget Increasing Appropriations by $66,040 in the City Administration Budget Within the Policy and Administration Program, to Reflect the Costs Associated with a Citywide Job Classification and Compensation Study—Resolution No. 07- 3.5 Approve Amendment #1 to the Intergovernmental Agreement with Metro Providing Tigard Police Department Support for the Enforcement of the Metro Illegal Disposal Ordinance and Establishing an Additional Full-Time Police Officer Position in the Police Department Budget;and Authorize the City Manager to Sign the Amendment • Consent Agenda -Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. Tigard City Council and Local Contract Review Board Agenda November 27,2007 Page 2 • 4. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM THE TIGARD CITY COUNCIL MEETING OF OCTOBER 23, 2007 — COMPREHENSIVE PLAN AMENDMENT CPA2007-00001 — UPDATE OF GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR, WATER, AND LAND RESOURCES QUALITY; 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: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390;Comprehensive Plan Policies 1,2, 3, 4, 8,&9;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1,2, 5, 6, 8, 11, 12,and 13. a. Continue 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- 5. LEGISLATIVE PUBLIC HEARING — CONSIDER PLANNING COMMISSION RECOMMENDATIONS TO UPDATE COMPRHENSIVE PLAN POLICY 10.2.1 (CPA2007-00003) REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at http://www.tgard- or.gov/city hall/departments cd/code amendment.asp LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 and Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). Tigard City Council and Local Contract Review Board Agenda November 27,2007 Page 3 • 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- 6. UPDATE ON THE COMPLETE COMMUNITY PROGRAM • Staff Report: Community Development Department 7. IDENTIFY 2008 LEGISLATIVE PRIORITIES • Staff Report. Administration Department 8. CONSIDER PURCHASE AND SALE AGREEMENT FOR TRUST FOR PUBLIC LANDS PROPERTY • Staff Report: Public Works Department • Council Discussion • Council Consideration: Motion to Approve the Purchase and Sale Agreement and Authorize the City Manager to Execute the Document 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS Tigard City Council and Local Contract Review Board Agenda November 27,2007 Page 4 • 11. 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. 12. ADJOURNMENT I:\ADM\Cathy\CCA\2007\071127p.doc Tigard City Council and Local Contract Review Board Agenda November 27,2007 Page 5 e"`Er t, a` Agenda Item No 3, / . I- , ®,:f For Agenda of f'""j F. `„ 42_ ,2Dd S 06,0 TIGARD CITY COUNCIL/LOCAAL CONTRACT REVIEW BOARD Meeting Minutes November 27, 2007 6:31)I ■I 1. BUSINESS MEETING 6:32:06 PM 1.1 Mayor Dirksen called the Tigard City Council and Local Contract Review Board to order at 6:32 p.m. 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Buchner ✓ 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 2. CITIZEN COMMUNICATION 6:32:58 PM • Tigard Area Chamber of Commerce-Representative—President Meeks announced information about the Holiday Tree Lighting,which is on Friday,December 7, 2007 on Main Street. 6:36:03 PM • Steve Ahman,Tigard, OR introduced Conner Hunter, age 8,who plays on the Little League team that Mr. Allman coaches. Mr.Ahman said Mr. Hunter would some day like to be Mayor and had an issue he would like to present to the City Council. Mr. Hunter asked the Mayor and Council if they would consider buying electric cars for the City to reduce pollution. Mr. I-Iunter also asked Mayor Dirksen if he would come to Metzger elementary school. Mayor Dirksen said he would be glad to come to the.school if•this was all right-with the teacher and the school officials;in fact,he has visited Metzger School before. Mayor Dirksen Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 1 • S thanked Mr. Hunter for his suggestion about electric cars and advised that the City is buying hybrid cars to reduce pollution and for better gas mileage. Mayor Dirksen presented the visitors with City of Tigard logo pins and thanked them for attending the City Council meeting. • Phil Decker, "unincorporated Bull Mountain," expressed congratulations to the City Council for its policy to receive public comment at its meetings. In contrast he noted that the Tigard Water Board recently adopted a policy to forbid public comment at special meetings. Since July, 50 percent of the Board's meetings have been special meetings. Mr. Decker reported that he attended a Tigard Water District Regular Board meeting last night to ask questions about recent expenditures authorized by the Board. Mr. Decker said that the Board's annual income is $17,000 and in the first five months of the fiscal year, almost the entire year's income has been spent on litigation against the City of Tigard. Mr. Decker,when pursuing an answer to his question, said he was gaveled down and was told the Board would not respond to questions; he could only offer comments. Mr. Decker concluded his remarks.and,said it was great to be in an environment where the public was allowed to ask questions of the Tigard City Council. Mayor Dirksen thanked Mr. Decker for his comments. Councilor Woodruff added his appreciation to The Oregonian for last Sunday's section on the City of Tigard showcasing the positives of the Tigard community. I Ie said he hoped the City could get a number of copies to distribute. 6:43:15 PM Mayor Dirksen reviewed the items on the Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve Council Minutes for September 18,25 and October 9,2007 3.2 Receive and File: Notes from the October 30, 2007 Fifth Tuesday Council Meeting 3.3 Local Contract Review Board: a. Award Contract for a Systems Integrator of Record to Portland Engineering, Inc. and authorize the City Manager to Execute the Contract b. Award Contract for Design Services for the Greenburg Road/Highway 99W/ Main Street Intersection Project to W&I I Pacific Corporation c. Award Contract for Classification/Compensation Study to Koff& Associates and Authorize the City Manager to Enter.into a Contract for Professional Services to Conduct the Study 3.4 Approve Budget Amendment#7 to the FY 2007-08 Budget Increasing Appropriations by$66,040 in the City Administration Budget Within the Policy Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 2 • and Administration Program, to Reflect the Costs Associated with a Citywide • Job Classification and Compensation Study—Resolution No. 07-65 A RESOLUTION APPROVING BUDGET AMENDMENT#7 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE HUMAN RESOURCES BUDGET WITHIN THE POLICY AND ADMINISTRATION PROGRAM TO REFLECT THE COSTS ASSOCIATED WITH A CITYWIDE JOB CLASSIFICATION AND COMPENSATION STUDY 3.5 Approve Amendment#1 to the intergovernmental Agreement with Metro Providing Tigard Police Department Support for the Enforcement of the Metro Illegal Disposal Ordinance and Establishing an Additional Full-Time Police Officer Position in the Police Department Budget;and Authorize the City Manager to Sign Amendment#1 Motion by Councilor Buchner, seconded by Councilor Wilson, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 6:45:39 PM 4. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM THE TIGARD CITY COUNCIL MEETING OF OCTOBER 23,2007— COMPREHENSIVE PLAN AMENDMENT CPA2007-00001 —UPDATE OF GOALS,POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR,WATER,AND LAND RESOURCES QUALITY; 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://tvww.tigard- or.gov/code_amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390;Comprehensive Plan Policies 1,2,3, 4, 8,&9;Metro Functional Plan Title.3 and 13;and Statewide Planning Goals 1, 2,5, 6, 8, 11, 12, and 13. Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 3 S • a. Mayor Dirksen announced the continuation of this public hearing; the testimony portion of the heating was closed on October 23, 2007,and the City Council will now deliberate on this matter. 6:46:20 PM b. Associate Planner Wyss presented the staff report. • City Council reviewed the environmental quality chapter; those changes requested can be found in the Agenda Item Summary. These have also been incorporated into Exhibit A. • The discussion had concluded on the environmental quality. Now, review is needed for Parks, Recreation and Open Spaces Chapter and the Energy Conservation Chapter. c. City Council Discussion • Mayor Dirksen asked if City Council was comfortable with the language on Environmental Quality. Council members indicated that they were comfortable. The Mayor said he saw two things that he would asked the City Council to consider: o Under recommended action measures, Page 6-4,Action Measure No. iv: It is implied that this is about public transportation, but it doesn't actually say that anywhere. It just says "identify underserved neighborhoods" but it doesn't say undcrserved in what capacity. Mayor Dirksen recom.tnended that the language read: "identify neighborhoods underservecl by public transportation and seek improvement to service in these areas." There is an implication that if we are talking about seeking funding, that would be separate from TriMet taxes that we already pay. Consensus of City Council was to use Mayor Dixksen's revised wording. o Mayor Dirksen referred to "number 11,"which is to develop an ongoing committee to evaluate a Tigard public transportation system. Mayor Dirksen said he recalled at the last meeting that the City Council asked for all three of the final action measures (9, 10, and 11) be struck. City Council agreed with Mayor Dirksen. o Associate Planner Wyss confirmed that these will be renumbered after adopted. • Energy Conservation o Mayor Dirksen advised he had no comments. o Councilor Sherwood referred to Page 13-3 and the following language, "the following land use planning strategies can result in a more energy-efficient community....developing a public transit system,that is reliable, connected, and efficient..." Councilor Sherwood said "public transit system" means TriIvlet to her; however, she does not.know what this would mean to other Tigard City.Council and Local Contract Review Board Meeting Minutes —November 27,2007 Page 4 • people. She said we are not trying to do a new transit system;we are trying to provide the infrastructure for those transit systems. Mayor Dirksen said he was comfortable with the language because we do work with Tri-Met to improve service and create such a system. Even though we personally are not responsible for it, we certainly do work with them in partnership. O Councilor Buchner asked a follow up question. She asked Councilor Wilson if he had mentioned that at some point in the future we might look at doing our'own transit system. It seemed to her that this would leave enough flexibility; should'we leave this language flexible. Councilor Wilson said he thought the verb "developing"in the language was the problem. I-Ie would prefer language "support the development" or something like that. Councilor Sherwood agreed this would be better. Mayor Dirksen suggested "support a public transit system that is..." Councilor Wilson said that with regard to land use, that is what you are doing, you are supporting. Councilor Sherwood said she felt that we are not really developing a public transit system, but we support TriMet and the train going through here. o City Manager Prosser advised that the section City Council was referring to in the above paragraph is actually in the findings; this would not set the goal for the city. The lead-in is "the following land use planning strategies can result in a more energy-efficient community." Therefore, this is a finding and a general statement to lay the.groundwork for the goals,policies,and action measures. Mayor Dirksen said that this means this is input that came out of the public process. Associate Planner Wyss confirmed Mayor Dirksen's statement and added this was a discussion by the Policy Interest Team about different activities that the City could undertake at some point that are general land use concepts to improve energy conservation. These are the two findings that set up the background for the policies that have been developed. Mayor Dirksen said that the problem might be the verb as referred to by Councilor Wilson;perhaps it is not needed at all. It is just recognizing that that land use strategy— a public transitsystem that is reliable, connected and efficient would be sufficient wording. (with the elimination of the one word). Councilor Buchner said there is a problem in that there is a gerund for every item except for this one; the language should be consistent in the language. Councilor Sherwood said she liked the Mayor's word, "support" to indicate that we are supporting a public transit system. There was agreement.among the City Council after discussion to change the word from "developing" to "support." o Councilor Wilson referred to PolicyNo, 3, "The,City shall require future development to consider topography,vegetation, and solar access during the design phase to reduce demands on Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 5 • • heating, cooling...." Councilor Wilson said his concern is that • the policy, as stated,is not always practical. Not every project will be able to adhere to this policy, especially for a single-family detached home, which is the predominant housing type in Tigard. To try orienting these structures in any way different than to the street would be impractical. Councilor Sherwood advised she questioned the word "require" in this section. Mayor Dirksen said the wording does not indicate what level of consideration needs to be given. 6:56:41 PM It might consist of one sentence in the language governing the design process where the developer and the architect are asked.if there was any way they could consider topography, vegetation and solar access to reduce demands. If the answer is "no," then they go on from there. Councilor Wilson noted reluctance at inducing this wording if it is not going be meaningful. In many cases people want to do the right thing, but there are so many complex factors involved. Councilor Sherwood suggested the word "encourage" be used and Councilor Wilson said this might be a good substitute as he thinks the word "required" is too strong. Councilor Buchner said she would like developers to consider this issue. She said most,developers will analyze these considerations whether the City requires it or not; however, there are some developers who will not unless it is stipulated in the Comprehensive Plan and the Development Code. Councilor Buehner said she would feel more comfortable as we are trying to look at ways to be greener that we at least require everyone to take a look at those issues. She said she understands Councilor Wilson's concern that it is not feasible in a lot of situations, but she would like for it to be at least taken into consideration as a plat is set out for a subdivision. Councilor Buchner said she would like to see this issue addressed to give support to staff and the community to move toward_green development. Councilor Woodruff.commented that this wording is not under an action item. Councilor Wilson said it is a policy from which codes will be developed. Councilor Woodruff asked how would we assure that the developer considers this; does this have to be part of what is submitted in the development plan to show it was reviewed and state the reasons why it can or cannot be done? Mayor Dirksen said it might be just a question during the design review asking if this policy was considered. The developer would then justify why they "did or didn't." Mayor Dirksen said it would be different if it said "The City shall require.development to u/i/ize topography,vegetation,and solar access." They can .consider it and then discard if it is impractical. 7:00:06 PM Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 6 • Mayor Dirksen said he agreed with Councilor Buchner; he would like to see this policy remain unless the City Council feels it "paints us in too tight of a corner." o Councilor Buchner asked if staff has a comment on the above discussion. Associate Planner Wyss advised the policy was deliberately written by the Policy Interest Team to consider; they were fully aware that not every development would be able to utilize solar access and concepts such as this. It would be up to staff to come up with a process to ensure that developments are considering this through the application process and the design review. Staff fully supports the statement. Councilor Wilson suggested the discussion move on. o Councilor Wilson referred to GA, dealing with Leadership in Energy and Environmental Design (LEED). He said he was concerned, given the shelf life of the Comprehensive Plan that reference not be made to specify a private standard. It might be utilized, but he said LEED is relatively new— there are about 40 LEED certified buildings in Portland. Councilor Wilson suggested language allude to systems such as LEED as opposed to naming it. Mayor Dirksen said he learned at National League of Cities there is at least one other program. _Councilor Wilson said we don't know if over the next 20 years if LEED will emerge in the dominant position that it appears to have now. Councilor. Wilson suggested wording,"such as LEED." He reiterated the specific reference should.not be made. He offered another wording suggestion: "Encouraging private development to incorporate energy conservation programs into the design process."—or something similar, that is more generic. Councilor Buchner asked if it would be useful to say "such as LEED" to give it some context. Councilor Wilson said that would be fine if it helps people understand what you are after. He said he had trouble trying to define LEED in generic terms; Mayor Dirksen agreed. Mayor'Dirksen suggested that the language be left as is, but after the parenthetic "LEED"include "and other accepted standards." Councilor Wilson said this would be fine. o Councilor Wilson referred to "D" and that it relates to his previous comment; sometimes this would be impractical. He noted the language says "support." 7:03:41 PM • In response to a question from Councilor Woodruff, Associate Planner Wyss advised the section encouraging water conservation will be included in the public facilities chapter. 7:03:57 PM • Goal 8, Chapter 8—Recreational Needs Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 7 • o Associate Planner Wyss advised that no changes have been made to the proposed language since forwarded by the Planning Commission. A couple of the policies were rearranged for different goals. o Under policies—Councilor Wilson said he thought 25 policies were too many. o Councilor Wilson referenced Policy No. 2, "The City shall acquire and, where appropriate, improve natural areas..." Most of the natural areas in Tigard are currently under private ownership. A lot of the wetlands are privately owned and for a long time the City had a policy of not accepting parcels that cannot be developed when a subdivision was subdivided. If this becomes a policy, you are placing requirements or purchasing property that cannot be developed. Councilor Wilson said he. that these pieces would sometimes be acquired by the City. Mayor Dirksen said he also had a problem with No. 2. He said it is a laudable goal; however, it is not necessarily achievable. He noted his concerns with the language saying "shall acquire"within a half mile is not always possible. Councilor Wilson added that it is also not always necessary; there is a benefit if it is preserved,regardless of who owns it. 'Mayor Dirksen suggested that instead of the word"acquire" could we say "protect" or "preserve." Councilor Wilson suggested"shall preserve and where appropriate acquire and improve natural areas..." Council members agreed to the last statement. Associate Planner Roberts advised that the half mile was selected from a city survey for natural areas. o Councilor Wilson asked where the ideal of 11 acres of park land per thousand in population came from;what standard is this? Associate Planner Roberts said the 11 acres was from the Park Master Plan and is defined as the aspirational standard for park acreage within the City. The City now has a little less than 8 acres per 1,000 in population. 7:09:10 PM Councilor Wilson said he did not have a problem with this;he was only wondering where this "ideal" came from. o Councilor Wilson referred to No. 7, "The City shall ensure public safety as a major consideration in the design,planning,and management of parks and open space and trails." He said he designs parks and this is certainly a consideration,but he would not want to see public safety as the"major one." Associate Planner Roberts adVised the Police Chief requested this. Mayor Dirksen said he would object if a trail could not be constructed if it could not be built to provide the"maximum security." Councilor Wilson agreed that safety should be kept in mind;this should be a consideration; just not a"major" consideration. Council members agreed to strike the word"major." o Councilor Wilson referred to No. 10 and said he did not understand what this meant: "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 recreation services, including park system master planning and City Comprehensive Planning efforts." Councilor Wilson said Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 8 • while we are always appreciative of people who want to help, but this • sounds as if we are trying to get uninterested people involved. Councilor Sherwood said she also had trouble with this language but she was less concerned when she read further to find the following wording: "The City shall continue to involve..." We already do this. Councilor Wilson said the number of polices should be shortened;some are redundant. Mayor Dirksen noted 16 and 23 are redundant and Councilor Wilson agreed. Councilor Wilson.noted that volunteers are talked about.later in the document and No. 10 could be struck. Associate Planner Roberts said this section was contained to reflect what we already do; for example,when we master plan a park,we always include a public involvement component. Councilor Wilson said,this language could be simplified. Mayor Dirksen noted that No. 17 refers to the volunteers who actually go out and work in the parks and plant trees,improve trails, and things like that as opposed to being involved in planning. 7:12:56 PM Councilor Buchner pointed out there is a whole chapter on public involvement and questioned whether this should be in the public involvement chapter. Councilor Wilson said he thought it would be appropriate to say that when you plan a new park or any design work in a park that you involve the public. He said he just didn't understand the way it is worded. Councilor Wilson agreed to Councilor Buehner's suggestion to include this in the public involvement chapter as long as it is stated"any capital improvement has a public involvement process." Councilor Wilson said that this wording could be struck in this section so long as it is picked up in the public involvement section. Mayor Dirksen asked if the goal here is to condense the language. Councilor Wilson said no,he didn't understand what it was getting at—it was a little bit wordy. Councilor Woodruff commented that if we talk about the volunteers at large, this might be accomplished. He wondered if there was still place to call out the importance of the PRAB and the Tree Board as we look at this particular section. Councilor Sherwood noted that before she was on the City Council the park board had been dissolved and it was recently resurrected. Councilor Sherwood said wording should recognize the importance of the park board to emphasize this for future City Councils. Councilor Wilson offered wording to the effect of "In the Capital Improvement process, the Park and Recreation Advisory Board and the Tree Board as well as residents and businesses shall participate in the planning process." Councilor Sherwood -clarified the wording could be "The City shall continue to involve its residents and businesses as_active participants and partners in all aspects of providing park-and recreational more than the capital improvements. In response to 'a services." Mayor Dirksen suggested the first part of the sentence be shortened to say, "The City shall involve its residents..." In response to a question from Councilor Woodruff regarding PRAB, there was additional discussion Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 9 • regarding whether PRAB should be specifically referenced since they are • involved question from Associate Planner Roberts, Councilor Sherwood clarified the phrase of the sentence should be struck: "... including park system master planning and City Comprehensive Planning efforts." It tvas confirmed that the first part of the sentence should read: "The City shall continue to..." o Councilor Buchner said she agreed with Councilor Wilson in that the same thing is being said over and over again throughout the policies and these need to be consolidated and simplified. o 7:17:10 PM Councilor Wilson said he thought that Nos. 12 and 13 could be consolidated. No. 16's only pwpose seems to be to point to 23 and could be struck. Mayor Dirksen agreed. In response to a question from Councilor Sherwood,Associate Planner Roberts said the policies reflect the consensus of the unanimous agreement of the citizen group that put these together. They decided they should be detailed rather than general. Councilor Sherwood noted that some of the other sections of the Comprehensive Plan are not as detailed. o 7:18:22 PM Councilor Buchner referred to Nos. 12 and 13 where it is said that we coordinate with other stakeholders and agencies and (in 13) building partnerships. These could be consolidated into one. The point is you want to have a policy that the City will work with private entities and governmental entities to look at opportunities to acquire and maintain open space and public facilities. It does not need to be said twice. o 7:19:03 PM Councilor Woodruff referred to No. 19 where it seems the point of this is talking about providing high level maintenance;he said he was not sure that this goes with open space. He could understand this for parks and recreational facilities,but isn't this part of open space in that there is not a lot of ongoing maintenance. Councilor Wilson said there's not a lot,but there's some maintenance required. Mayor Dirksen said this covers active-use parks as well. Councilor Wilson said the level of maintenance would be appropriate to its need. o 7:20:03 PM Councilor Wilson noted Policy 21 is similar to 17;it is recognizing the need for volunteers. Mayor Dirksen said he thinks 17 is phrased better. Council agreed to strike Policy No. 21. o 7:20:33 PM Councilor Wilson said he thought Policy No. 20 could be phrased simpler. It says, "The City shall work with all elements of the community to provide and manage a fully functional urban forest." He suggested the following replacement wording. "The City shall seek to establish and manage a fully functional urban forest." o 7:21:06 PM Councilor Wilson referred to Policy No. 22,which deals with Americans with Disabilities Act(ADA). He asked if the City has an ADA plan. Assistant Planner Roberts said we do and referred to the Parks Plan. Councilor Buchner said that ADA is the current Law; there is nothing to say that it will not have a different name or a different law 20 years from now. She suggested a more general statement"to provide access to all City residents." Mayor Dirksen said this is a general comment that he has and noted Policies 23 and 24 as well—and questioned whether this kind of Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 10 • • specificity would be more properly in the City Code that comes-out of this document as opposed to being stated in this document. He noted that 23 and 24 read like a Law. Councilor Wilson noted he had this comment, too. Mayor Dirksen said he thought there could be a general statement made in 22, 23,and 24 referencing specific language would be included in the Code. 7:22:22 PM Councilor Wilson noted that ADA is already Law anytime you do something new. He said he assumed that the plan leas to do"with retrofitting-existing_facilities. Councilor Wilson said he would like to highlight the importance of accessibility for facilities; this is a value we would have regardless,of a law. If we can make this more generic, Councilor Wilson said he agreed the reference to"ADA" should be removed and just say"make,it accessible. Associate Planner Roberts clarified the language should then read"shall continue to improve access to neighborhood parks and other facilities." Coumcilor Wilson said the language should be specific to people with disabilities so that it is understood what access means. Councilor Wilson and City Manager Prosser suggested the wording be along the lines of"improve access for all citizens regardless of ability." City Council members agreed with this last wording proposal. o Councilor Wilson said the reason you are not specific in a Comprehensive Plan is that you don't.want to do a Comprehensive.Plan'amendment every time you want to tweak the criteria fo •accepting a donation. For Section 23,Mayor Dirksen suggested that all that is needed is the first sentence; the rest will require some memory because this infonnation needs to end up in the code—we don't want to lose it—but it does not belong in the Comprehensive Plan. Councilor Wilson said you could say "Based on the criteria established in policy." Associate Planner Roberts said the reason the details were included here is because we don't have clear criteria at present. Often times when we evaluate potential donations,we do not have any standards to reference. The purpose was to.establish clear standards for considering a donation of private property and dedication of lands to the City. City Council members agreed the detail should be in Code. Councilor Wilson and other City Council members thought there was a policy pertaining to donations.. Associate Planner Roberts said there are "parts of policies." Councilor Wilson suggested wording. "The City shall develop and enforce a policy regarding criteria for acceptance of donations." Councilor Buchner said that it seemed to her that staff has already developed the language for the Code that will implement this Comprehensive Plan policy. • o Councilor Wilson said the same premise as noted in the paragraph above can be applied to No. 24. Associate Planner Roberts recited the following proposed language to include the'first sentence "Acceptance of any Land donated for park purposes-shall be based upon its usefulness and adaptability to the Park System Master Plan." City Council members indicated this•wording is all right. Mayo •Dirksen said that is all that would be needed. Tigard City Council and Local.Contract Review Board Meeting Minutes —November 27, 2007 Page 11 • • o Mayor Dirksen suggested that on No. 24,we could combine the first two sentences and say,"City-owned property may be used for private wetlands mitigation considered on a case-by-case basis." Associate Planner Roberts advised that this wording was from an ordinance the City Council adopted in 1996 and tends to be overlooked; people do not seem to be aware of it. Mayor Dirksen asked that when a situation arises,where does staff or anyone first look to find out.what the guidelines are;do they look in the Comprehensive Plan or do they look in the ordinances. Associate Planner Roberts said he was aware of the ordinance, but was uncertain whether others were. City Manager Prosser said it sounded to him like the issue is ordinance versus code. If we were to follow the course that the City Council has taken on No. 23,we would have a general statement;we would not want to lose this, but it would be picked up when we redo the Development Code. Mayor Dirksen said the Development.Code and city ordinances have the same-weight. City Attorney Ramis confirmed the Mayor's statement. Councilor Buchner said sometimes there is an oversight in follow up and ordinances do not get incorporated into the Code. Councilor Buchner said she thought these were great ideas and suggested the language could be picked up and placed in the Code; the work is already done. Councilor Wilson said there are places where the ordinances and the Development Code have different standards;we have got to be careful when you have something in both that you don't"paint yourself into a corner." o Mayor Dirksen said No. 25 should be another letter under No. 24. We need to make sure this is in the Code;it is not needed here. o Councilor Buchner said Councilor Wilson's point is important. It would be helpful as we start to go into the code process for staff to help the City Council identify and update inconsistent language in current ordinances and code language. Mayor Dirksen said he would also encourage citizens who were involved in this process to stay engaged as the City conducts hearings for proposed ordinance and Code amendments. o Mayor Dirksen suggested wording for Policy No. 4 (simile to Policy No. 2): "Where the City shall develop neighborhood parks within....located within a half mile." We would endeavor to do this;however, the Mayor said he did not think the City could promise to do this, because it might not be physically possible. For that reason,Mayor Dirksen suggested that we change or add the phrase,"The City shall endeavor to develop neighborhood parks..." This would be a goal, but not necessarily something that we will be able to achieve. o Mayor Dirksen posed a question to the City Attorney on No. 8, "The City shall enforce park rules especially against loitering,harassment, and camping,and work to identify long-term solutions to these three ongoing park-use problems." He asked if we could legally do this. City Attorney Rumis advised there are limits on all these categories. It might be better to express this in a more general way to deal with public safety rather than Tigard City Council and Local Contract Review Board Meeting Minutes —November 27,2007 Page 12 .• being specific as to which tools to use Councilor Wilson suggested, "The City shall enforce public safety..." Councilor Buchner asked if Nos. 7 and 8 should be combined;No. 8 looks like it is a continuation of 7. Councilor Wilson said that No. 7 has to do with the design. Mayor Dirksen and Councilor Buehner noted that No. 7 also says, "and management." Councilor Buchner said she agrees with the policy. Staff suggested alternative language: "The City shall enforce park rules to protect safety." City Council members agreed this would be acceptable. Associate Planner Roberts noted there had.been a committee concerin'about activities along Fanno Creek Trail. Councilor Buehner noted that if the language is too specific,you might get into Constitutional issues. • Action.Measures o Councilor Woodruff noted that on No. 1, there was already some suggestion that we not give ourselves too much flexibility, but to try to review the Parks System Master Plan every five years instead of five to ten years. Councilor Buchner said she thought this was City policy anyway. Councilor Sherwood said she thought the second sentence is redundant. Council members agreed to delete the second sentence. Councilor Woodruff said this would tie the hands of other Councils,but he thought it would indicate the importance of a regular review. Mayor Dirksen asked if it would be better to rephrase the whole sentence to say, "Review and update the parks system master plan every five years." City Council. members agreed with the Mayor's wording. o Councilor Woodruff referred to No. 10. 7:34:44.PM Councilor Sherwood advised she had noted, "consider ways to fund needed park and open space acquisitions and improvements." Funding mightbe through grants or partnerships with businesses—other ways to fund besides having an election. Councilor Wilson suggested,"Consider seeking voter approval..." Councilor Sherwood restated,"consider ways to fund needed park and open space acquisitions and improvements." Mayor Dirksen noted that there had been a recommendation from staff or the Planning Commission that stated,"Seek timely voter approval to fund needed.park and.open space acquisitions and improvements." This would.still specify looting for voter approval;he asked if this was too specific. Councilor Sherwood said she thought there were other ways to fund parks. Councilor Woodruff said the PRAB wanted this language in here because they want to make sure this does not get placed on the "back shelf." Councilor Woodruff said he thought all of the City Council is committed to finding ways to expand our open space and,perhaps;recreation services. He said his only concern was that the policy we had was that we did not want any of these things to specifically indicate a date that something would be accomplished by,but that we were committed to-doing something. Mayor Dirksen said that as he was reviewing this,he was comparing this document to the Constitution-of the United States;he said he was trying to imagine a phrase in the Constitution stating"Institute regular mail service by January 1, 1797." Mayor Dirksen said this would not make any sense either. City Attorney Ramis said-die analogy used between the Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 13 • • Comprehensive Plan and the Constitution is one that frequently used in • discussions of these documents. Mayor Dirksen suggested the wording,"Seek timely voter approval to fund needed park and open space acquisition and improvement." Councilor Woodruff said this would not address Councilor Sherwood's concerns regarding the alternative ways to fund rather than just.by voter approval. She offered again her wording,"Consider ways to fund needed park and open space acquisitions..." Councilor Buchner said she hears the concern and said that maybe we need to say more than just"encourage." She said she thought we need to make it a priority to look at funding sources. Mayor Dirksen suggested "commit to finding funding"; not say,"we'll try to." This funding might be through grants,partnerships, or to the voters. Councilor Woodruff suggested wording. "To fund proactive ways to fund • park-and open space acquisitions and improvements." Councilor Wilson said this is similar to what No. 11 says. Councilor Buchner says she does not think we need both No. 10 and No. 11;she said the City should "commit to find funding for needed park and open space acquisitions..." and perhaps add"including alternative methods." If we say"commit," it will include both taxes and other methodologies. Council members noted that Nos. 13 and 14 are similar. Councilor Wilson pointed out that these are recommendations proposing some ideas for various sources of funding. Mayor Dirksen said the other alternative would be to have-a single item and then list different types of funding to be sought. Mayor Dirksen said that he thought the Council was getting to the point where they were nitpicking and added that this language was proposed by the individuals selected to propose ideas;he did not see reason to rephrase. Council members agreed with the Mayor. 7:40:23 Plvl Council decided not to change the wording here. o 7:41:15 PM Mayor Dirksen advised he had a question on No. 25,"Seek opportunities to introduce more environmentally friendly science-based practices..." He asked if this was referring to park land maintenance. Councilor Sherwood said she also had a concern with this. This needs to be defined. Associate Planner Roberts suggested inserting the following between science-based and practices: "maintenance practices." City Council members agreed to Associate Planner Roberts'proposed wording. o 7:42:39 PM Couuncilor Buchner advised of that she would like to see the City be more aggressive about going after the invasive species with specific Code language amendments. We have a real problem with a variety of plants. Mayor Dirksen noted that we already have ordinances that require private property owners to control noxious vegetation. Councilor Buchner said the ordinances are not being enforced. The Mayor agreed, but the question is not whether we have the policy, it's that we have not enforced it as much as we could. Councilor Buehner said we need to be thinking about giving it more priority. In response to a question from Councilor Woodruff,Associate Planner Roberts advised that the Planning Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 14 • O Commission did not revise this section; the Planning Commission asked for a definition of"invasive,"which was added to the glossary. Councilor Buchner asked if we are going to use the.State definition for invasive; the State has two levels. She asked that staff be cognizant of that. Associate Planner Roberts said staff used the standard State definition;although he did not realize there were two levels. Councilor Buchner said there is an aggressive and an invasive; that is,one is more aggressively invasive than the other. She asked that the language be consistent with the State's. o 7:45:58 PM Mayor Dirksen advised the Council would discuss Goal 8.2 at this time. Councilor Buelmer said that she has been a long-time advocate to make use,where appropriate, of public streets and buying easements in common areas within.private developments to connect parks. There is no policy for this. Councilor Buehnersaid•it seems that is something that should be addressed within the contest of this goal. Mayor Dirksen said that Policy No. 1 refers to Councilor Buehner's concept,although this policy does not address bicycles specifically. I Ie said he had noted the need to talk more about bicycle trails;however, it occurred to him this might be more a transportation issue rather than a parks and recreation issue. He suggested that when the City Council reviews the Transportation System Plan that they consider a policy to de- couple the bicycle lanes/transportation through the City-from the.street system.We wouldn't necessarily require bikepaths on all City streets or collectors,but we there would be a network of bicycle paths.throughout the City. Councilor Buchner said her proposal is to provide generic wording in this section advocating these links.We do not have any kind of policy whatsoever of whether we want to seek easements on private pathways to connect one park to another. She suggested that perhaps we need to put this in this policy and say"Yea or Nay"if this is something we want to do or not. Councilor Wilson agreed with Councilor Buehner that this would be worth mentioning. Mayor Dirksen asked if a phrase should be added to Policy No. 1 that says,"utilizing both public spaces•and.easements on private land." There were no objections to this wording. o 7:50:03 PM Councilor Wilson.said that he has been somewhat concerned regarding placing a trail,up the power line. That corridor is a significant wildlife corridor connecting with the river and farmland beyond,north through Beaverton. It is a corridor for deer and other wildlife. By introducing a lot of people on that corridor,you might impact the free movement of wildlife; this should be considered when a trail is built. Adequate hiding places should remain;public safety might actually contradict with wildlife concerns,but it should be considered in the design. Councilor Sherwood noted in No. 5 there is the.following wording, "Coordinate trail development and maintenance activities with natural resource management objectives and activities." After discussion,it was Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 15 • • determined that policy 8.2 adequately covers this with regard to wildlife/trails. Associate Planner Roberts suggested adding the following language,"including wildlife codors." City Council indicated agreement with the proposed wording by Associate Planner Roberts. o 7:52:41 PM Associate Planner Roberts requested exact phrasing on utilizing public and private lands. Mayor Dirksen advised the wording proposed was,"utilizing both public property and seeking easements on private property." • Goal 8-3 o 7:54:49 PM Mayor Dirksen suggested a recommendation for alternate wording for the goal.. He said it sounds like our goal is to build a lot of facilities; this might be a policy or action measure to achieve a goal, but he did not think this_was the goal itself. Mayor Dirksen recommended the following language: "Provide Tigard residents with access to a broad range of recreational,cultural and educational activities." This might include building facilities. Councilor Wilson suggested changing the words "provide access" to "facilitate access. Mayor Dirksen said he proposed "access to" because it might mean,in some cases, facilitating partnerships with Tualatin Hills Park and Recreation or the City of Lake Oswego, or the State of Oregon, etc. Councilor Wilson and Mayor Dirksen discussed the wording. City Manager Prosser proposed that the Mayor's language be used,but at the end of the phrase say, "such as facilitation of partnerships with existing providers, direct services..." to give examples of the types of ways you could provide access. Discussion followed on the goal and how to word it. The Mayor said he would like to stand by his proposed wording;Councilor Wilson said he would concede. Councilor Woodruff suggested to continue the review of the policy statements and return to discuss this wording if needed. o Mayor Dirksen suggested for the.ftrst policy revising the language to,"The City shall endeavor to establish a comprehensive recreation program." City Council members agreed to this wording. Mayor Dirksen advised the goal • is not to build facilities;the goal is to provide recreation to the citizen. Councilor Wilson asked if the Mayor has decided to support the establishment of a recreation program. Mayor Dirksen said that, strictly speaking,we already have a recreation program by supporting or offering a broad range of recreational and cultural activities. He referred to the current Library programs, partnership with Little League and Soccer Club, etc.,inducing the use of City property. Mayor Dirksen said he does not think the language forces us beyond the point where we are now if the means do not exist to expand;however,it shows a desire to move forward and do a better job. Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 16 At Councilor Wilson's request,Mayor Dirksen restated the.policy,"The City shall endeavor to establish a coriiprehensive recreation program." Councilor Wilson said he still,needs to be convinced that Tigard residents will support this financially. Mayor Dirksen said he saw some alternative language that was recommended that says this would be more of an action measure rather than a policy and read,"Assess community interest in funding public recreation programs and facilities and,-if supported, proposed associated measures for voter consideration." Councilor Woodruff said information would be coming to the Council on this in two weeks from the recent survey. Councilor Wilson said he has no problem with Policy No. 1 as the Mayor has stated to the extent that it could be done withoutmoney; forexample, programs could be-entirely user supported (funded). Councilor Buehner said she agreed with Mayor Dirksen's proposal. o 8:02:22 PM Mayor Dirksen suggested Policy No. 2 be rephrased to say, "The City shall identify funding to provide a broad range of recreational opportunities." Again, "facilities"would not be a word in this policy. o 8:03:19 PM Mayor Dirksen said on the last Action Item—No. 5 —that we already work in financial partnership with a couple of the sports. The Mayor suggested the wording,"financially assist when appropriate"instead of"when able." There might be times when it is appropriate to go into a financial partnership. Councilor Woodruff said he agreed with Councilor Sherwood.to:say"assist When.apliropriate," as she would not want those programs to interpret this wording to mean that the City to has indicated that it would provide them with financial support. City Council agreed to strike the word"financially." Councilor Buchner said that we have to be aware that in theory we're going to be running into a "financial wall." We need to be cognizant of that as we develop this plan and not set ourselves up for a major problem. Mayor Dirksen said that because of the large amount of modifications the Council requested on the last chapter that,rather than approve it tonight, he would suggest that they allow staff to propose a draft and the.Councitwould approve it at a later meeting after the Council has had a chance to review the draft.. Councilor Wilson said he agreed. Councilor Buchner asked if the Council could approve the first two chapters because the there were minimal. Associate Planner Wyss said staff would.prefer to adopt these all at one time as it would be easier to send out the final orders. Councilor Buchner said she was uncomfortable with this because this has been dragging along for a couple of months; this makes it look like we are not making any progress. After discussion, City Council agreed to the staffs recommendation to bring all the changes the Council discussed tonight all at one time. City Manager Prosser asked if the City Council had any concerns with the glossary. Councilor Shenvood said she was fine with it. Councilor Buchner said she wanted staff to make sure the invasive species issue is addressed with the current State code. Associate Planner Wyss said the glossary would be adopted at the end of the process. Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 17 • • Mayor Dirksen advised that the direction to staff is to make the recommended changes and submit a draft for Council review. There was discussion about when to schedule this to come to the Council for its consideration. The ordinance will be submitted for Council approval on December 11,2007. 8:17:25 PM 7:3O PM _. 5. LEGISLATIVE PUBLIC HEARING—CONSIDER PLANNING COMMISSION RECOMMENDATIONS TO UPDATE COMPRHENSIVE PLAN POLICY 10.2.1 (CPA2007-00003) REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property.within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at http://www.tigard- or.gov/city hall/departments/cd/code amendment.asp LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure;Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional.Plan.-Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10(Housing), 11 (Public Facilities and Services) and 14 (Urbanization). a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the rules of procedure for the hearing. c. Declarations or Challenges: None cl. Long Range Planning Manager Bunch introduced Planner Mead,who presented the staff report. A copy of the report is on file in the City Recorder's office. There was discussion prompted by a comment by Councilor Wilson regarding annexation when utilities, such as storm or sewer service connections, are requested by property owners developing Land that is not contiguous to the City. 8:26:34 PM Long Range Planning Manager Bunch advised that contiguity is necessary for annexation unless we do a cherry-stem annexation. If a property is not contiguous but they want City services, then these properties need to work with other properties to annex to the City to be eligible for annexation. In the past, Long Range Planning Manager Bunch said he has worked in other jurisdictions where they used roadways or public easements to provide that contiguity. This is a policy that"Washington County has tended to frown upon." Regarding the waivers of remonstrance, there have been some issues associated with such waivers whereby people have signed them and then reneged on their signatures. It is•difficult then to get them to annex. We don't want to go through this in • Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 18 • • • . the future as it is difficult, time-consuming,and expensive. City Attorney Ramis said Long Range Planning Manager Bunch's summary was good and added that the problem with cherry-stem annexations and the use of right of way is one he expects will continue to be controversial into the future. There have been,at times,proposals in the legislature to limit annexations using these types of tools; however, for now, these tools can be used. Councilor Wilson asked if development might.be limited if an adjacent, undeveloped property does not annex at the same time. Long.Range Planning Manager Bunch concurred that development might be limited and said that if a property receives City services and is still in the County, and then the property would develop under Washington County standards. The objective is not only . to assure lands that will become part of Tigard to annex to receive City services, but those Lands that come into Tigard that need our services are developed under the City standards. Long Range Planning Manager Bunch agreed with Councilor Wilson's conclusion that water is not one of the services that would be considered a "City" service if the area is represented by the Tigard Water District. Long Range Planning Manager Bunch said it is an integrated water system and the services that we now focuson with:regard to annexation are those with storm water services and City sewer service. Long Range Planning Manager Bunch confirmed Mayor Dirksen's understanding that in many locations development occurs outside the City because these properties can receive water and sewer from the service districts. In several locations, the only feasible provider is the City of Tigard. e. Public testimony. (City Recorder's Mote: MI:Morgavi stilt all e-mail communication to the City Connell on December 2,2007 adi'isin,the following testimony lvar in elver. He said that u/ier trains the text of the amendment, he:found that `7 was completely off base."' He ipo%fact_Al-his -elan: A copy of the December 2,2007 e-mail jinni Mr.ililolgavi it filed-with the packet materials for this healing held on November 27, 2007.) • Isador Morgavi,Tigard, Oregon (unincorporated area)advised that the purpose of the meeting as stated in the Tigard Times(September 27,2007 issue) is to consider amending the comprehensive plan regarding City services. I-Ie said he did not find a definition of"city services." He said the notice did not properly define the purpose of this meeting and that it is improper. He said if this is in reference to urban services,he calls attention to the formal opinion issued January 7,2006,by legislative counsel David W. Hendrix that stated "requiring annexation as a prerequisite to approval for building permit was incorrect....a general mandate of municipality of requiting to consent to annexation for providing extra-territorial service.likely also requires legislative action." Mr. Morgavi said he has long called this "hostage annexation, the blackmailing of non-Tigard citizens to force compliance with rules and regulations arbitrarily imposed by the City of Tigard." Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 19 8:33:11 PM He challenged the concept that the City of Tigard provides any urban services outside of the City. Although the City does administer water distribution to the unincorporated areas of Bull Mountain,as well as Tigard,King City, and Durham and surrounding area. The actual provider is the Tigard Water District,under the auspices of the Intergovernmental Water Board. In this, he said he was supported by Counsel 1 Ienchix'continued comments wherein he says;"Tigard does,not deliver any urban services to the unincorporated Bull Mountain,but acts-as an agent for the County and the Tigard Water District." He said he was disappointed to see what appears to be a renewal of an aggressive course of annexation that was taken in the past that created so much acrimony. Mr. Morgavi said that many had hoped that recent indications and statements by the City to behave in a more neighborly manner would become the norm. The current action questions that and may signal a renewal of the strife that has cost so many so much. 8:34:36 PM Mayor Dirksen noted there were a couple of legal questions posed by Mr. Morgavi. City-Attorney Rannis advised he was reluctant to renew these debates as they have been discussed at huge lengths previously. The Mayor and City Council agreed to proceed and that no legal response appears to be necessary. f. Planner Mead said the staff-recommendation is that the City Council adopt the policies as provided through the public hearing process. g. Mayor Dirksen closed the public hearing. h. Council consideration: Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt Ordinance No. 07.19. ORDINANCE NO. 07-19 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT CPA2007-00003 — TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO ENSURE IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES; MORE PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR ANNEXATION PRIOR TO RECEIPT OF CITY SERVICES, AND CORRECTLY REFERENCES THE STATE'S PROCESS OF DECLARATION OF HEALTH HAZARD Council discussion: Councilor Buchner said it is important that the public is aware that this is cleaning up one last thing that was left over from the years when Tigard was doing planning for the unincorporated area on Bull Mountain. There were areas where the City did do planning and provided City services in Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 20 • . exchange for a non-remonstrance agreement. Since we are no longer doing planning for the unincorporated areas,it is not appropriate for the City of Tigard to include thus language anymore;this is basically housekeeping to revise language now that the contract with the County has been terminated. Councilor Wilson added that it does not represent any new,aggressive policy. Councilor Sherwood noted the policy of the City still stands;annexation is voluntary. Councilor Woodruff noted he was sorry that Mr. Morgavi left the meeting, this act does not change the City's position;the ordinance does not represent a more aggressive annexation policy whatsoever. The City remains supportive of annexation and provides incentives for annexation. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 6: UPDATE ON THE COMPLETE COMMUNITY PROGRAM City Manager Prosser presented the staff report. The program has been discussed by the City's Executive Staff and identifies the essential elements or characteristics of a community that meets all the needs of its citizens. A copy of die slide showing the components identified is on file in the City Recorder's office. The complete community addresses environment, community identify, transportation, neighborhood vitality, economic vitality, safety, educated and involved members,and culture and leisure resting upon a financially sound and accountable city government base. Council members commented on this concept and all expressed support noting the value in building a stronger team,providing the opportunity for departments to consider their contributions to areas they might not otherwise think about, and providing a framework to gain perspective. It was suggested that the"educated and involved" component be changed to"informed and involved." The Comprehensive Plan update will allow the city to integrate these concepts without creating a separate policy. Sustainability is an attitude and a state of mind. Ideas were discussed about how this could be introduced in the Cityscape to invite public comment and interaction. City Manager Prosser advised that this will also be posted on the web site. 9:04:38 PM 7. IDENTIFY 2008 LEGISLATIVE PRIORITIES • Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 21 • • Assistant City Manager Newton reviewed the information relating to some of the issues that the City Council identified during its discussion on October 16, 2007. Staff members prepared brief summaries of those issues. The staff report contains a list of the issues and the recommendations of the staff. Assistant City Manager Newton asked for City Council direction on any of the issues to take forward to our legislative delegation or issues staff might have missed. Another issue that will be coming to the forefront concerns foster-care children. Councilor:Sherwood said she heard the affordable housing document recording fee is not going to be on the 2008 Legislative Agenda. From her observations,she suggested that staff not waste a lot of time on this matter. There are others who'are still working on this issue. Assistant City Manager Newton commented she had heard that this is being"set up"for 2009; she said staff could communicate how this might help Tigard residents and make sure that Tigard's position is clear. Mayor Dirksen said it would not hurt to bring this before our delegation so that it stays "on the front burner." Councilor Sherwood said both our delegates were in favor of this proposal and were leading the way; however,it got"hung up" on the word"fee"versus "tax." Councilor Woodruff said he thought staff's list included the items City Council talked about. Surely there will be other things that will come up that we'll obviously want to stay on top of;he thought the list was good. Assistant City Manager Newton recapped: o Transportation—a priority o Infrastructure funding—not as much of a priority o OWIN—City Council wanted more information and City Council indicated they now had a good understanding o Water storage grants—this is not particularly applicable to the COT, but the City will monitor it. Mayor Dirksen noted that we are already working on this; Assistant City Manager Newton indicated staff will monitor and look at directions that the legislation might take that could benefit City of Tigard. o "Big Look" Funding—Representative Galizio brought this up when annexation issues were under review. Urbanization issues might be addressed with the "Big Look" funding. o The City is opposed to pre-emption of local revenue sources. Councilor Sherwood advised that when attending the League of Oregon Cities Conference,Rick Metzger talked about transportation funding and getting ready for 2009. Mayor Dirksen said it often takes more than a year to get issues to the forefront; therefore,we need to make the legislators aware of Tigard's concerns now so there will be a better chance of Tigard projects attaining some priority in 2009. Assistant City Manager Newton advised that she and City Manager Prosser have been working with Washington County (Dennis Mulvihill) on ways that we can work together to address this transportation funding issue. • Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 22 • • Councilor Buehner commented on the "Big Look"issue. When the annexation work groups were meeting last session,everyone was saying many issues were under the purview of the"Big Look." She said she was very concerned that,as we go through the session and look at funding there also be a review of the scope of the job for the future because there were so many modifications, suggestions and amendments that were floating around—and they all"fell through the crack" because of the lack of funding. She said she is concerned that we keep updated on the status aidvif necessary, do some "gentle pushing" of our own representatives. Assistant City Manager Newton said it would be a good thing to obtain the "scope"and refer it to the City Council for abrief discussion and to make.sure-we are following through on any amendments or adjustments. Mayor Dirksen suggested the document be made available for the City Council to review and City Council members advise if they have any concerns or questions. 9:11:57 PM S. CONSIDER PURCHASE AND SAIF,AGREEMENT FOR TRUST FOR PUBLIC LANDS (JAIL) PROPERTY Public Works Director Koellcrmeier presented the staff report as well as several slides, which are on file in the City Recorder's office. This four-acre piece of property was annexed into the.City of Tigard in May 2007 and ranked high on the City's list of potential properties to bepurchased for parks and green space. Staff and TPL representatives have had discussions regarding the City's purchase of the property. An appraisal and level one environmental review of the property were conducted. The property appraised at$390,000 and TPL has agreed to sell the property for that amount. The City Attorney's office drafted a Purchase and Sale Agreement to be signed by the City Manager,which has been reviewed by the TPL staff. TPL is expected to execute the Agreement by November 21, 2007. Mayor Dirksen commented that the City has long recognized that this area is park-land deficient. He said he is pleased that the City has been able to achieve assembling park land for this-area for the Tigard residents on Bull Mountain. Councilor Wilson also noted that the property under consideration for"purchase is one of the last treed spaces in this area. He said he thought the price-was fair, noting that the property is buildable. Councilor Buehner said this would also benefit neighbors outside of the city. In response to a question from Councilor Woodruff,Public Works Director Koellermeier said that no plans have been made yet for development of the park property;he said it would make sense to develop a master plan for the parcel. A portion of the property is to be used for utilities. Motion by Councilor Wilson,seconded by Councilor Woodruff, to approve the purchase and sale agreement and authorize the City Manager to execute the documents. The.motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Tigard City Council and Local Contract Review Board Meeting Minutes —November.27,2007 Page 23 • Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Ycs 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS Administrative Items: • TVF&R—Lunch at the Library Community Room at Noon on November 28, 2007. • Select Date for Goal Setting Meeting—City Manager Prosser asked the City Council members to send dates they would be available for a goal setting meeting and a:teatn building workshop. 11. EXECUTIVE SESSION:Not held. 9:22:12 PM 12. ADJOURNMENT Motion by Councilor Buehner, seconded by Councilor Wilson, to adjourn. The motion was approved by a unanimous vote of Council present. Mayor Dirksen 'Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Ocum/uzzol. Catherine Wheatley, City Recorder Attest: if Mayor ity of Tigar. Date: • I:\ADM\(:.thy\(:(:\I\21H17\(17I 127 final.d c Tigard,City Council and Local Contract Review Board Meeting Minutes —November 27,2007 Page 24 • Agenda Item#: Meeting Date: November 27.2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title: City Council Hearing to consider Planning Commission recommendations to update Comprehensive Plan Urbanization Policy 10.11 (CPA2007-00003) Trio Prepared By:Markus Mead/Ron Bunch Dept Head Approval: City Mgr Approval: : =` V f ISSUE BEFORE THE COUNCIL Shall Council adopt the Planning Commission's Recommendation to Update Comprehensive Plan Urbanization Policy 10.2.1 as follows? 10.2.1 The City shall not approve the extension of City services except a) Where applications for annexation for those properties have been approved by the City; b) In circumstances where applicable state-er and County health-deg agencies has have declared a potential or eminent health hazard pursuant to ORS for 431.705 to 431.760 (health hazard annexation or district formation). Key: ke-titreugh indicates language to be deleted from the original policy. Bold indicates language to be added to the original policy. STAFF RECOMMENDATION Move to adopt the Planning Commission's recommendation as above. KEY FACTS AND INFORMATION SUMMARY • During the period January-March 2007, Council and staff worked on ways to encourage voluntary annexation of unincorporated properties to the City. This effort resulted in Council approving Resolution 07-13 at its March 13, 2007,meeting. The Resolution establishes the City's current position that annexation is, for the most part, voluntary;that the City would seek to require annexation in specific conditions related to public health and safety, need to extend City public facilities, and to resolve illogical municipal boundaries. Associated with this project, staff noted to Council that Comprehensive Plan Urbanization Policy 10.2.1 was out of date and has many inconsistencies with current conditions and circumstances. Staff also expressed concern that the policy's imprecise wording could circumvent both City and County policy that City annexation is required if unincorporated lands need city services. For example,the current policy could allow argument that mere C:\Documents and Settings\cathy\Local Settings\Temporary Internet Files\Con tent0utlook\34URMPLM\11-27-07 AIS City Council Hearing to consider PC recommendations RE Policy 1 10 2 1.doc • • applications for annexation or agreeing to "waivers of remonstrance"is a reasonable basis to cause City services to be provided to unincorporated property. Another reason to amend the existing policy is to make sure it conforms to current circumstances. For example,it refers to "Unified Sewerage Agency (USA) of Washington County."The term has not been used for many years. The agency is currently called "Clean Water Services." However, reference to the regional agency is proposed to be removed entirely. The reason being that the City now requires annexation prior to receipt of either, or both, sewer and storm water services. Also, the proposed wording provides the flexibility to require annexation for other City services that unincorporated lands may require in the future. Furthermore, the present policy's reference to "declaration of health hazard" is vague. This is proposed to be corrected by referring to the relevant state statutes regulating health hazard declarations. Even though the City is doing an overall update of the Comprehensive Plan,it was decided to update this policy individually to avert possible near-time conflict resulting from uncertainty when City services can be provided. Updating the policy now,rather than waiting until the entire urbanization chapter is updated and adopted, could save substantial time and effort if an applicant challenged the need for annexation prior to provision of City services. Council directed the initiation of a Comprehensive Plan Text amendment to address these concerns. The Planning Commission held its hearing on October 15, 2007, and recommended that Council amend the Comprehensive Plan by adopting the above revised policy. OTHER ALTERNATIVES CONSIDERED • Council may make changes to the Planning Commission's recommendation and adopt a further revised policy; • Council may remand the matter to the Commission with direction to consider other factors as part of a new public hearing process;or • Council may decline to adopt the Commission's Recommendation and accept the status quo. CITY COUNCIL GOALS 1. Comprehensive Plan a.Updating the blueprint for the City ATTACHMENT LIST Attachment 1: Tigard City Council Ordinance approving CPA 2007-00003 as recommended by the Planning Commission Exhibit A: Amendments to the Text of Comprehensive Plan Urbanization Policy 10.2.1 Exhibit B: September 27,2007 Planning Commission Staff Report and Exhibit C: October 15,2007 Planning Commission Minutes FISCAL NOTES Not Applicable C:\Documents and Settings\cathy\Local Settings\Temporary Internet Files\Content.Outlook\34URMPLM\11-27-07 MS City Council Hearing to consider PC recommendations RE Policy 2 10 2 1.doc • CI• TY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT CPA2007- 00003 --TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO ENSURE: IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES;MORE PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR ANNEXATION PRIOR TO RECEIPT OF CITY SERVICES,AND CORRECTLY REFERENCES THE STATE'S PROCESS OF DECLARATION OF HEALTH HAZARD. WHEREAS, Comprehensive Plan Urbanization Policy 10.2.1 was adopted in 1983 and its update is necessary to make it relevant to current conditions and circumstances and to provide a reliable guide for decisions related to annexation of unincorporated lands and associated provision of city services; and WHEREAS,The Tigard Planning Commission held a public meeting on October 15,2007, and recommended approval of the proposed CPA 2007-00003 (with minor revisions) by motion and with unanimous vote; and WHEREAS, On November 27, 2007, the Tigard City Council held a public hearing to consider the Commission's recommendation on CPA 2007-00003, 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 change the text of the Policy as shown in "EXHIBIT A." SECTION 2: The findings and conclusions contained in the Staff Report dated September 27, 2007, the Planning Commission meeting minutes for October 15, 2007, are adopted by reference ("EXHIBIT B", and "EXHIBIT C" 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. PASSED: By vote of all Council members present after being read by number and title only,this day of , 2007. Catherine Wheatley, City Recorder ORDINANCE No. 07- 1 I:\RPIN\Cound Matenais\2707\u-27-07 ATTACH 1-COUNCIL ORDINANCE CPA2007-00003.doc • • APPROVED: By Tigard City Council this day of , 2007. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- 2 MANN\Council Materials\2007\11-27-07 ATTACH 1-COUNCIL ORDINANCE CPA2007-00003.doe • • Exhibit A CPA 2007-00003 Exhibit A: Amendments to the Text of Comprehensive Plan Urbanization Policy 10.2.1 10.2.1 The City shall not approve the extension.of City services except a) Where applications for annexation for those properties have been tee approved by the City; b) In circumstances where applicable states and County healthy agencies has have declared a potential or eminent health hazard pursuant to ORS for 431.705 to 431.760 (health hazard annexation or district formation). Key: She-tough indicates language to be deleted from the original policy. Bold indicates language to be added to the original policy. 1:\LRPLN\Councii Materials\2007\11-27-07 Exhibit A CPA2007-00003 Amendments to Text of Policy 10.21.doc i Exhibit B Agenda Item: Hearing Date: November 27.2007 Time: 7:00 PM l `L' .j.......:.. Q' yi. a .....,.... �F.OR�`rTI=IE:CITY�OF�' hGARD;�'�'OREGO 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE ANNEXATION POLICIES FILE NO.: Comprehensive Plan Amendment(CPA) CPA2007-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 OWNER: N/A PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 to: 1) Be clear that for property to receive City Services, annexation applications must be approved by the City;2) That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 3) Accurately reflect that state and County health agencies have a role in declaring potential or imminent health hazards; and 4) Ensure the City's Comprehensive Plan policies are consistent with City and County Agreements. LOCATION: Citywide (City of Tigard) ZONING and COMP PLAN DESIGNATION: The proposal is a Comprehensive Plan Text Amendment. It is not applicable to a specific property or group of properties. It is a statement of policy intended to update the City's position that property within the unincorporated urban services area is required to annex in order to receive City Services. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390,Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1;Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1.,Metro Functional Plan Not Applicable.,Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning) and 11 (Public Facilities and Services). SECTION II. STAFF RECOMMENDATION Y �3� '.N 'tha mnissio >ecoritrieicl=:thaf th 'I''"'` C ;Council anerid the �,Staff�;'�e'eommenels:':; ';the he::`ro"Deed�=atrieridirierits ?to=`Poli•�`� 0 as`��detertniu•"' •:T d:Com rehensrne��?Plan;,b; ,ado ed ........:.... thro h.the ubhc.h ro CesS. ,ti•. P STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 1 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION III. BACKGROUND INFORMATION Project History During City Council's consideration of the City's annexation policies and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and the provision of City services required amendment.This amendment is necessary to make the policy consistent with current City-County Agreements and practices. Also, the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency,non- remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation approval is required before property.within Tigard's Urban Services Area but outside the City limits can receive City Services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed policy amendments are as follows: Proposed Policy 10.2.1 (Bold indicates proposed new language and indicates language proposed to be deleted.) The City shall not approve the extension of City : - - • services except: a) Where applications for annexation for those properties have been approved by the City;or b) Where a non-remonstrance- agreement to annex those properties has been signed and recorded with e) b) In circumstances where applicable state Of and county health agents agencies has have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Aii'_is'ir I I ' sr ' _ irair'ii SECTION IV. SUMMARY OF REPORT 4. Applicable criteria findings and conclusions a) Tigard Community Development Code i) Chapter 18.390 b) Applicable Comprehensive Plan Policies i) 1 General Policies ii) 2 Citizen Involvement iii) 7 Public Facilities and Services c) Applicable Metro Standards i) None Applicable d) Statewide Planning Goals i) 1 Citizen Involvement ii) 2 Land Use Planning iii) 11 Public Facilities and Services 5. City Department and outside agency comments a) Clean Water Services comments STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 2 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION V. APPLICABLE CRITERIA AND FINDINGS APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Community Development Code Chapter 18.390.060,Type IV Procedure. 18.390.020.B.4 Types Defined. 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: This chapter establishes standard decision-making procedures for reviewing applications. Section 18.390.060.E states that the recommendation by the Commission, and the decision by the Council, shall be based on consideration of the following factors including: 1) Statewide Planning Goals, 2) applicable federal or state statues or regulations, 3) applicable Metro regulations,4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances.The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Therefore, the relevant procedures are satisfied and this criterion is met. Conclusion(s): Based on the analysis above, staff finds that the proposed amendment satisfies the applicable review criteria within the Tigard Community Development Code. APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies 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: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. The existing Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission. Furthermore the City has adopted specific Community Development Code amendments to comply with the applicable land use titles of the Metro Functional Plan, specifically: Title 1, Requirements for Housing and Employment and Housing Accommodations;Title 2, Regional Parking Policy;Title 3 (Metro Code Sections 3.07.310 - 3.07.370) -Water Quality, Flood Management and Fish and Wildlife Conservation;Title 4 (Metro Code Sections 3.-07.410 - 3.07.440) - Industrial and Other Employment Areas. The proposed amendment language does not alter the Comprehensive Plan in a manner that compromises the Comprehensive Plan's compliance with the Statewide Planning Goals or the Metro Functional Plan. The amendment does not compromise the City's current acknowledged status of the City's Plan with the Statewide Planning goals. Neither does this amendment affect the City's compliance with Metro Titles. It does not affect or have bearing on housing or employment capacity;parking standards;water quality, flood management or wildlife conservation or industrial or employment areas. Changes to the policy are essentially house-keeping items intended to accomplish the following: 1. Reflect the current condition that Tigard controls sewer collection lines and local storm water management facilities instead of Clean Water Services (previously Unified Sewerage Agency). Thus the proposed policy references services in general instead of just"Unified Sewerage Agency STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 3 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • lines"; 2. Be clear that for property to receive City Services, annexation applications must be approved by the City; 3. That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 4. Accurately reflect that state and County health agencies have a role in declaring potential or imminent health hazards, and 5. Ensure the City's Comprehensive Plan policies are consistent with current City and County Agreements. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (A). C. The Tigard Comprehensive Plan and Community Development Code are kept current with the needs of the community. Findings: This policy section requires the Comprehensive Plan and Community Development Code to be kept current to address the needs of the Community.The findings enumerated 1 —5 above illustrate the conditions that require the policy to be"modernized." Changing the policy as proposed addresses all five of the above factors that changed since the policy was adopted in the mid 1980s. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (C). Policy 2- Citizen Involvement 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: These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort,and that information on land use planning issues shall be available in understandable form for all interested citizens. This matter was discussed in a public forum at noticed Council Meetings as noted above. This discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Planning Commission's public hearing was posted in the Tigard Times pursuant to Tigard Community Development Code (TCDC)Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City-maintained interested parties list. There has been no public comment up to the time of staff report composition. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 4 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • Conclusion(s): Based on the above findings that this matter was discussed first in a public forum, and that various media, television,print and internet,provided access to relevant information and opportunity to comment, it is concluded that the application is consistent with Policy 2.1.1 It is further concluded that the proposal conforms to Policy 2.1.1 because the City has followed all its requirements to provide notice and comply with public hearing requirements to ensure public access to the decision- making process. Policy 7-Public Facilities and Services 7.4.1 The City shalh B. Require that future extensions of collector sewer lines shall be consistent with all City ordinances and agreements between the City of Tigard, Washington County and the Unified Sewerage Agency(USA);and Findings: This policy requires service extensions to be consistent with City ordinances,and agreements with Washington County and Clean Water Services. The current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency (which is now Clean Water Services) non-remonstrance agreements and outdated health hazard declaration processes. Therefore it is found that the policy needs to be modernized to be consistent with the more recent City—County Agreements. It is important to note a key difference in the proposed policy's wording and the previous policy is that "annexation must be approved" before needed City services can be provided. This language clears up any ambiguity, to ensure that timely and logical service provision can be made by the City. It is found that the proposal better implements the City-County Tigard Urban Planning Agreement (UPAA) and the Tigard Urban Services Area Agreement (TUSA). In the most basic sense the Urban Planning Area Agreement states that the City is the ultimate urban service provider for all territory within the delineated Tigard Urban Service Area as required by state law (ORS 195). Conclusion(s): It is concluded that the proposed amendment is consistent with City ordinances and applicable City-County intergovernmental agreements. APPLICABLE METRO REGULATIONS: Metro Functional Plan: Findings:The Metro Functional Plan is not applicable to this application.The application does not affect those Tides that pertain to Tigard. The proposal does not have bearing or amend the City's housing or employment targets per Tide 1. It does not affect regional mobility or traffic issues per Tide 2. It is not relevant to water quality, flood management or fish and wildlife per Tide 3. The application does not specifically affect industrial or employment areas per Title 4. Neighboring cities and/or rural reserves in Tide 5 will not be affected by this proposal.The application is not relevant to designated centers per Tide 6. The proposal does not affect housing affordability per Tide 7. No compliance procedures per Tide 8 are relevant to this proposal. Performance measures per Tide 9 are not affected by this amendment proposal. The proposal does not change any definitions per Tide 10.The proposal is not planning for a new urban area per Tide 11. The application does not alter residential neighborhoods per Tide 12. Therefore, these criteria are not applicable. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 5 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • Conclusion(s): Based on the analysis above, staff finds that the Metro Functional Plan is not applicable to the proposed amendment. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 6 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goals 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 matter was discussed in a public forum at noticed Council Meetings as noted above. At this time the discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Tigard Planning Commission's public hearing was posted in the Tigard Times pursuant to Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City maintained interested parties list. There has been no public comment up to this time. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record.Therefore, citizen involvement requirements for the proposed Comprehensive Plan amendment have been met. Statewide Planning Goal 2 -Land Use Planning: This goal outlines Oregon's land use planning process and policy framework. Land use decisions are to be made in accordance with a Comprehensive Plan and implementing ordinances. These Plans should be based on factual information and be periodically updated. Findings:The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure,which requires that it be consistent with any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City implementing ordinances. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. As proven above all applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 11 -Public Facilities and Services This goal calls for efficient planning of public services such as sewers,water, law enforcement, and fire protection. Findings:The proposed amendment makes explicit that annexation is required before property within Tigard's Urban Services Area,but outside the City limits, can receive City Services.This proposal will assure that properties annexed by the City of Tigard have sufficient access to City services. In this way an orderly and efficient arrangement of public facilities and services can be provided.Therefore,this amendment makes for more efficient planning of public services,and this goal is met. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 7 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard Police Department has had an opportunity to review this proposal and has no objections.The City of Tigard's Building Division and City of Tigard's Public Works had an opportunity to review this proposal and did not respond. SECTION VII. OUTSIDE AGENCY COMMENTS Oregon Department of Land Conservation and Development and Metro were notified of the proposed amendments and did not respond. Tualatin Valley Fire & Rescue and the Tualatin Valley Water District were notified of the proposed amendments and did not respond. Clean Water Services responded to the request for comments as follows: • 'We recommend following the provisions of the current Design and Construction Standards (currently R&O 07-20,available on line at: http://clean water services.org.PermitCenter/DesignConstruction/Update/default.aspx) for all issues relating to development,vegetated quarterlies, erosion control,and preservation of wetlands,natural drainage ways,and enhancements thereof. • We recommend following all applicable sections of the January 2005 Intergovernmental Agreement between the City of Tigard and Clean Water Services." Staff Response: Clean Water Services is aware that the City is the designated service provider within this area and that if City Services are needed,annexation is required.The agency's first comments are applicable to the actual design and construction of city sanitary sewer facilities that would be needed to serve development within the Tigard Urban Services Area. They are not applicable to the actual policy changes being proposed. Clean Water Services and the City entered into an intergovernmental agreement in 2005 that specifies the responsibilities of the District and the City for the performance of specific functions relating to operation and maintenance of the sanitary and storm sewer and surface water systems.These matters do not address the policy matters associated with the proposed Comprehensive Plan Amendment. The Clean Water Services-City of Tigard Intergovernmental Agreement focuses on engineering,design,maintenance, funding and operational issues. It applies both to the incorporated,and unincorporated,portions of the Tigard Urban Services.Therefore,the District's second comments are not applicable to the proposed policy amendment. SECTION VIII. CONCLUSION Staff concludes that the proposed changes comply with the applicable criteria of the Tigard Comprehensive Plan Statewide Planning Goals, Metro regulations, and applicable provisions of the City's implementing ordinances. Therefore,it is recommended that the Planning Commission recommend to City Council that it adopt the proposed Comprehensive Plan Text amendment as determined through the public hearing process. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 8 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN. September 27, 2007 PREPARED BY: Markus Mead DATE Long Range Planning Intern September 27, 2007 APPROVED BY: Ron Bunch DATE Assistant Community Development Manager File:I:\LRPLN\COMPPLAN\Volumell\CPA\2007-00003\Staff Report\CPA2007-00003 Staff Report_09.26.2007_Final.doc STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 9 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • TIGARD PLANNINGnµ:COMMISSION AGENDA:: q ; • 8:15 p.m. 6. COMPREHENSIVE PLAN -HOUSING, ECONOMY WORKSHOP 9:15 p.m. 7. OTHER BUSINESS 9:20 p.m. 8. ADJOURNMENT • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 15,2007 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,Cattail,Doherty,Fishel, Hasman,Muldoon (arrived at 7:30),Vermilyea, and Walsh Commissioners Absent: Staff Present; Ron Bunch,Assistant Community Development Director;Sean Family, Associate Planner,Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Caftan reported that the Committee for Citizen Involvement is currently seeking new members for the committee. Commissioner Walsh advised that the Tree Board would be meeting Wednesday night. He is hoping staff will sum up the issues from the last joint Tree Board/Planning Commission workshop. They will work on the issues and come back to.the Planning Commission at a future date. 4. • APPROVE MEETING MINUTES Motion by Commissioner Doherty;seconded by Commissioner Hasman,to approve the October 1,2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson,Doherty,Fishel,Hasman,Inman,Walsh NAYS: None ABSTENTIONS: Cattail,Vennilyea EXCUSED: Muldoon 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 LEGISLATIVE UPDATE:ANNEXATION POLICY PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 1 • • REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1 Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 . (Urbanization). STAFF REPORT Assistant Community Development Director Ron Bunch presented the staff report on behalf of the City. He advised this application is a result of Council's desire to make sure it is absolutely explicit for properties located within the City's designated Urban Services Area and wishing to receive services, that they must first annex to the City to receive services. This policy will be included with the new Comprehensive Plan update, but since there are current pending annexation applications, the City wants to do this amendment early so property owners and developers know that they must annex before receiving City services. Bunch noted that in the past, homeowners weren't required to actually annex before receiving City services if they signed a non-remonstrance agreement for future annexation. In the City's experience, people successfully fought the non-remonstrance agreements in court and never annexed. Bunch said the proposed application complies with all applicable criteria and statewide planning goals and recommends the Planning Commission forward a recommendation of approval to the City Council. Bunch advised that City services primarily include sewer and storm drainage lines. The term "services" is defined broadly, because we don't know what services could be included in the future. If the City does not approve the proposed amendment,it would make it difficult for developing properties in the Urban Services Area. We would argue that they cannot receive Cityservices unless they annex to the City first. We would like the policy to be clear and straightforward. Bunch said the City would work with developers to see that annexation applications and land use applications would run concurrently. PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 2 • • PUBLIC TESTIMONY John Frewing, 7110 Lola Lane, Tigard 97223, believes some of the proposed language is vague and should be clearer. He asked what a potential health hazard would be. Could that include police or unsafe sidewalks? Ron Bunch advised that the health hazard is defined by statute as a situation where there is a failing septic tank, contaminated ground water, or contaminated drinking water that requires the Oregon Environmental Quality Commission to declare an eminent health hazard to the public. We can reference the statute and the administrative rules in the amendment. PUBLIC HEARING CLOSED Motion by Commissioner Walsh,seconded by Commissioner Caffall,to move forward a recommendation of approval to City Council of application CPA 1007-00003 as amended to include specific reference to the legislative references in the ORS,including the staff report and the testimony tonight. The motion was approved as follows: AYES: Anderson,Caffall,Doherty,Fishel,Hasman,Inman,Vermilyea,Walsh NAYS: None ABSTENTIONS: None EXCUSED: Muldoon 6. COMPREHENSIVE PLAN - HOUSING,ECONOMY WORKSHOP Commissioner Muldoon arrived at 7:30 p.m. Associate Planner Sean Farrel ly presented the draft policy language on housing and economy. The Commissioners reviewed the proposed policy and suggested the following changes to the language (responses are written in italics): • It was suggested adding an action measure to develop a branded marketing effort and brand elements to preserve their value to Tigard. It's hard to tell one community from the next. This idea could be enron assd in dezdoping a fonrral axrorr c dezelcprrvnt Im3gramand strategy or zee could add another action MAME • Should we elevate 9.1.iv to a policy level? We am do that The idea that'zee should growzehat zee hate is reflected in tlae"a cncrr c gardening idea"to dezdop zekat zee already hale here It was suggested taking the theme of action measures #iv and#v and re-working them into a policy statement for encouraging growing businesses. • Commissioner Vermilyea believes that,instead of letting traffic dictate what we can do in the Tigard Triangle,the City should envision a goal for the area (what we want it to look like,what do we want the character of the neighborhood to be) and then figure out the transportation needs for serving that goal. It was decided to"park" this idea and come back at a later date for discussion. PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 3 • • • In Goals 9.1 and 9.3,there's not a lot of integration of residential,retail, and commercial uses (mixed use) and how housing integrates with economic development. Alcok zee can reerphasize/tref up the language Can we carry the language in 10.1.v forward to the economic development section and blend the two? • Add the term business clusters to the economic development definitions. It was suggested drawing the definition from the State Economist's definition. Also, add a possible action measure to prioritize support for businesses identified as able to develop into regional clusters. The definition could include some examples. • Under 9.3.xv,it was suggested to modify the focus to monitoring emerging technology to ensure competitive priced access. Some Commissioners, on the other hand, do not believe the City should be involved in being the leader on this. • It was suggested to add an action measure to add an Economic Development Director for the City. • Goal 9.2 could use more details. • Under 9.2.1, it looks like we're giving land away. • Under 9.3, can we elevate action measure#v to a clearer policy statement? Stafwill lad at it Possibly it could be expanded to include all transportation infrastructur4 arc, and mzybe nrnttion Hwy 99W. Maybe 9.1 would be a better place for it. Transportation azn be included in both 9.1 and 9.3. • The definition for work forte housing should be added to the Economic Development section. • 10.2.6 - maybe we could apply this to multi-family housing instead of single family. • 10.2.9 - the language seems strong and may be inconsistent with the other sections that we've had on this topic. Suggested language: The City shall require infill development to be designed to address compatibility with existing neighborhoods. Action measure #ii might give us the means by which it could be addressed. We may have to break it . down to more action measures. • 10.2.10 - change the wording to: "home business occupations" or otherwise clarify that it pertains to home-based businesses. John Frewing offered the following comments: • He expressed concern about wording which could make one particular goal appear more important than another. The language should be comparable throughout the entire Comp Plan,so that all goals would be weighed and considered the same. For example,the strong language in 9.1.3 does not exist in the current Comp Plan. Using words like seek,balance, and coordinate efforts would be the right way to do it throughout. • Under 9.3.1,he would like to see the Tigard Triangle added to the list. • He would like to see map 3-3 in the Resource Document updated in the final document. 7. OTHER BUSINESS PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 4 • • None 8. ADJOURNMENT The meeting adjourned at 8:57 p.m. Jerree - ,Planning Co sion Secretary A'I'IEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 5 • • • Agenda Item: Hearing Date: October 15,2007 Time: 7:00 PM STAFF REPORT TO THE .I PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE ANNEXATION POLICIES FILE NO.: Comprehensive Plan Amendment (CPA) CPA2007-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 OWNER: N/A PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 to: 1) Be clear that for property to receive City Services, annexation applications must be approved by the City; 2) That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 3) Accurately reflect that state and County health agencies have a role in declaring potential or imminent health hazards; and 4) Ensure the City's Comprehensive Plan policies are consistent with City and County Agreements. LOCATION: Citywide (City of Tigard) ZONING and COMP PLAN DESIGNATION: The proposal is a Comprehensive Plan Text Amendment. It is not applicable to a specific property or group of properties. It is a statement of policy intended to update the City's position that property within the unincorporated urban services area is required to annex in order to receive City Services. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390,Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1.,Metro Functional Plan Not Applicable., Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning) and 11 (Public Facilities and Services). SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend that the Tigard City Council amend the Tigard Comprehensive Plan by adopting the proposed amendments to Policy. 10.2.1 as determined through the public hearing process. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 1 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • . SECTION III. BACKGROUND INFORMATION Project History During City Council's consideration of the City's annexation policies and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and the provision of City services required amendment. This amendment is necessary to make the policy consistent with current City-County Agreements and practices. Also, the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency,non- remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation approval is required before property within Tigard's Urban Services Area but outside the City limits can receive City Services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed policy amendments are as follows: Proposed Policy 10.2.1 (Bold indicates proposed new language and stlfe-through indicates language proposed to be deleted.) The City shall not approve the extension of or Un f cd Sewerage Agency lines services except: a) Where applications for annexation for those properties have been submitted to the approved by the City;or b) Where a non remonstrance agreement to annex those properties has been signed and recorded with t) b) In circumstances where applicable state or and county health agency agencies has have declared a potential or imminent health hazard. SECTION IV. SUMMARY OF REPORT 4. Applicable criteria findings and conclusions a) Tigard Community Development Code i) Chapter 18.390 b) Applicable Comprehensive Plan Policies i) 1 General Policies ii) 2 Citizen Involvement iii) 7 Public Facilities and Services c) Applicable Metro Standards i) None Applicable d) Statewide Planning Goals i) 1 Citizen Involvement ii) 2 Land Use Planning iii) 11 Public Facilities and Services 5. City Department and outside agency comments a) Clean Water Services comments STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 2 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION V. APPLICABLE CRITERIA AND FINDINGS APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Community Development Code Chapter 18.390.060,Type IV Procedure. 18.390.020.B.4 Types Defined. 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: This chapter establishes standard decision-making procedures for reviewing applications. Section 18.390.060.E states that the recommendation by the Commission,and the decision by the Council, shall be based on consideration of the following factors including: 1) Statewide Planning Goals, 2) applicable federal or state statues or regulations, 3) applicable Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Therefore, the relevant procedures are satisfied and this criterion is met. Conclusion(s): Based on the analysis above, staff finds that the proposed amendment satisfies the applicable review criteria within the Tigard Community Development Code. APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies 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: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. The existing Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission. Furthermore the City has adopted specific Community Development Code amendments to comply with the applicable land use titles of the Metro Functional Plan, specifically: Title 1, Requirements for Housing and Employment and Housing Accommodations;Title 2, Regional Parking Policy;Title 3 (Metro Code Sections 3.07.310 - 3.07.370) -Water Quality, Flood Management and Fish and Wildlife Conservation;Title 4 (Metro Code Sections 3.-07.410 - 3.07.440) - Industrial and Other Employment Areas. The proposed amendment language does not alter the Comprehensive Plan in a manner that compromises the Comprehensive Plan's compliance with the Statewide Planning Goals or the Metro Functional Plan. The amendment does not compromise the City's current acknowledged status of the City's Plan with the Statewide Planning goals. Neither does this amendment affect the City's compliance with Metro Titles. It does not affect or have bearing on housing or employment capacity; parking standards;water quality, flood management or wildlife conservation or industrial or employment areas. Changes to the policy are essentially house-keeping items intended to accomplish the following: 1. Reflect the current condition that Tigard controls sewer collection lines and local storm water management facilities instead of Clean Water Services (previously Unified Sewerage Agency). Thus the proposed policy references,services in general instead of just"Unified Sewerage Agency lines"; STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 3 OF 8 • LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • 2. Be clear that for property to receive City Services, annexation applications must be approved by the City; 3. That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 4. Accurately reflect that state and County health agencies have a role in declaring potential or imminent health hazards, and 5. Ensure the City's Comprehensive Plan policies are consistent with current City and County Agreements. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (A). C. The Tigard Comprehensive Plan and Community Development Code are kept current with the needs of the community. Findings: This policy section requires the Comprehensive Plan and Community Development Code to be kept current to address the needs of the Community. The findings enumerated 1 —5 above illustrate the conditions that require the policy to be "modernized." Changing the policy as proposed addresses all five of the above factors that changed since the policy was adopted in the mid 1980s. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (C). Policy 2 - Citizen Involvement 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: These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort, and that information on land use planning issues shall be available in understandable form for all interested citizens. This matter was discussed in a public forum at noticed Council Meetings as noted above. This discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Planning Commission's public hearing was posted in the Tigard Times pursuant to Tigard Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City-maintained interested parties list. There has been no public comment up to the time of staff report composition. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 4 OF 8 LEGISLATIVE COMPREI-IF_NSIVE PLAN AMENDMENT • • Conclusion(s): Based on the above findings that this matter was discussed first in a public forum, and that various media, television, print and internet, provided access to relevant information and opportunity to comment, it is concluded that the application is consistent with Policy 2.1.1 It is further concluded that the proposal conforms to Policy 2.1.1 because the City has followed all its requirements to provide notice and comply with public hearing requirements to ensure public access to the decision- making process. Policy 7-Public Facilities and Services 7.4.1 The City shall: B. Require that future extensions of collector sewer lines shall be consistent with all City ordinances and agreements between the City of Tigard, Washington County and the Unified Sewerage Agency (USA);and Findings: This policy requires service extensions to be consistent with City ordinances, and agreements with Washington County and Clean Water Services. The current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency (which is now Clean Water Services) non-remonstrance agreements and outdated health hazard declaration processes. Therefore it is found that the policy needs to be modernized to be consistent with the more recent City—County Agreements. It is important to note a key difference in the proposed policy's wording and the previous policy is that "annexation must be approved" before needed City services can be provided. This language clears up any ambiguity, to ensure that timely and logical service provision can be made by the City. It is found that the proposal better implements the City-County Tigard Urban Planning Agreement (UPAA) and the Tigard Urban Services Area Agreement (TUSA). In the most basic sense the Urban Planning Area Agreement states that the City is the ultimate urban service provider for all territory within the delineated Tigard Urban Service Area as required by state law (ORS 195). Conclusion(s): It is concluded that the proposed amendment is consistent with City ordinances and applicable City-County intergovernmental agreements. APPLICABLE METRO REGULATIONS: Metro Functional Plan: Findings: The Metro Functional Plan is not applicable to this application.The application does not affect those Titles that pertain to Tigard. The proposal does not have bearing or amend the City's housing or employment targets per Title 1. It does not affect regional mobility or traffic issues per Title 2. It is not relevant to water quality, flood management or fish and wildlife per Title 3. The application does not specifically affect industrial or employment areas per Title 4. Neighboring cities and/or rural reserves in Title 5 will not be affected by this proposal. The application is not relevant to designated centers per Title 6. The proposal does not affect housing affordability per Title 7. No compliance procedures per Title 8 are relevant to this proposal. Performance measures per Title 9 are not affected by this amendment proposal. The proposal does not change any definitions per Title 10. The proposal is not planning for a new urban area per Title 11. The application does not alter residential neighborhoods per Title 12. Therefore, these criteria are not applicable. Conclusion(s): Based on the analysis above, staff finds that the Metro Functional Plan is not applicable to the proposed amendment. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 5 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goals 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 matter was discussed in a public forum at noticed Council Meetings as noted above. At this time the discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Tigard Planning Commission's public hearing was posted in the Tigard Times pursuant to Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City maintained interested parties list. There has been no public comment up to this time. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. Therefore, citizen involvement requirements for the proposed Comprehensive Plan amendment have been met. Statewide Planning Goal 2 — Land Use Planning: This goal outlines Oregon's land use planning process and policy framework. Land use decisions are to be made in accordance with a Comprehensive Plan and implementing ordinances. These Plans should be based on factual information and be periodically updated. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure,which requires that it be consistent with any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City implementing ordinances. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. As proven above all applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 11 — Public Facilities and Services This goal calls for efficient planning of public services such as sewers,water, law enforcement, and fire protection. Findings: The proposed amendment makes explicit that annexation is required before property within Tigard's Urban Services Area,but outside the City limits, can receive City Services. This proposal will assure that properties annexed by the City of Tigard have sufficient access to City services. In this way an orderly and efficient arrangement of public facilities and services can be provided.Therefore, this amendment makes for more efficient planning of public services, and this goal is met. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 6 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard Police Department has had an opportunity to review this proposal and has no objections.The City of Tigard's Building Division and City of Tigard's Public Works had an opportunity to review this proposal and did not respond. SECTION VII. OUTSIDE AGENCY COMMENTS Oregon Department of Land Conservation and Development and Metro were notified of the proposed amendments and did not respond. Tualatin Valley Fire & Rescue and the Tualatin Valley Water District were notified of the proposed amendments and did not respond. Clean Water Services responded to the request for comments as follows: • 'We recommend following the provisions of the current Design and Construction Standards (currently R&O 07-20,available on line at: http://clean water services.org.PermitCenter/DesignConstruction/Update/default.aspx) for all issues relating to development,vegetated quarterlies, erosion control,and preservation of wetlands, natural drainage ways, and enhancements thereof. • We recommend following all applicable sections of the January 2005 Intergovernmental Agreement between the City of Tigard and Clean Water Services." Staff Response: Clean Water Services is aware that the City is the designated service provider within this area and that if City Services are needed, annexation is required. The agency's first comments are applicable to the actual design and construction of city sanitary sewer facilities that would be needed to serve development within the Tigard Urban Services Area. They are not applicable to the actual policy changes being proposed. Clean Water Services and the City entered into an intergovernmental agreement in 2005 that specifies the responsibilities of the District and the City for the performance of specific functions relating to operation and maintenance of the sanitary and storm sewer and surface water systems.These matters do not address the policy matters associated with the proposed Comprehensive Plan Amendment. The Clean Water Services-City of Tigard Intergovernmental Agreement focuses on engineering, design, maintenance, funding and operational issues. It applies both to the incorporated, and unincorporated,portions of the Tigard Urban Services.Therefore, the District's second comments are not applicable to the proposed policy amendment. SECTION VIII. CONCLUSION Staff concludes that the proposed changes comply with the applicable criteria of the Tigard Comprehensive Plan Statewide Planning Goals, Metro regulations, and applicable provisions of the City's implementing ordinances. Therefore,it is recommended that the Planning Commission recommend to City Council that it adopt the proposed Comprehensive Plan Text amendment as determined through the public hearing process. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 7 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN. September 27. 2007 PREPARED BY: Markus Mead DATE Long Range Planning Intern September 27. 2007 APPROVED BY: Ron Bunch DATE Assistant Community Development Manager File:I:\LRPLN\COMPPLAN\VolumeII\CPA\2007-00003\Staff Report\CPA2007-00003 Staff Report_09.26.2007_Final.doc STAFF REPORT TO THE CTTY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 8 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT ?)EOOSST F01 COAI'M€fiuT3 • • N . . II • • TIGARD REQUEST FOR COMMENTS DATE: August 30,2007 TO: Rob Murchison,Project Engineer,City of Tigar i - FROM: City of Tigard Pla vI t ----------.:-., STAFF CONTACT:''--Ron Bunch (503) 718.2427,Markus ead (503) 718.2435 Phone: (503) 639.41 ;4-583)198.1960 Email: ron @tgard-or.gov, markus @ tgard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 - LEGISLATIVE UPDATE: ANNEXATION POLICY- REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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 28, 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:; i k i ii i I i' 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: • i 4,2 I ( • l Clin J' c.:.S A / !/ 'o lit • Name&Number of Person Commenting. {/J/t /-i / (�y� y 1t TIGARD REQUEST FOR COMMENTS DA 1E: August 30,2007 . TO: Jim Wolf,Crime Prevention Officer,City of Tigard Police FROM: City of Tigard Planning Division STAFF CONTACT: Ron Bunch (503) 718.2427,Markus Mead (503) 718.2435 Phone: (503) 639.4171 Fax: (503) 598.1960 Email: ron @tigard-or.gov, markus @ tgard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 - LEGISLATIVE UPDATE: ANNEXATION POLICY- REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization): Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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 28, 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. a ACN -0-J • CleanWater Services Our commitment is clear. MEMORANDUM DATE: September 5, 2007 FROM: David Schweitzer, Clean Water Services TO: Ron Bunch, City of Tigard Planning Division SUBJECT: Review Comments—Legislative Update: Annexation Policy, 2007-00003 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. • We recommend following all applicable sections of the January 2005 Intergovernmental Agreement between the City of Tigard and Clean Water Services. • 2550 5W Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org • ITY OF TIGARD REQUEST FC.COMMENTS NOTIFICAION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: C.PF% 2...00—? —00003 FILE NAME: C-�M9ce_Le' A1\ e :.d' CITY OFFICES • _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. _CURRENT PLANNING/Todd Prager/Arborist 1/0OLICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor _Et1NEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) _CITY ADMINISTRATION/Cathy Wheatley,City Recorder 4.411BLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSION/GRETCHEN(+12 sets) �� —COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. P I LIC WORKS/Steve Martin,Parks Supervisor _FILE/REFERENCE(+2 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) SPECIAL DISTRICTS . V TUAL.HILLS PARK&REC.DIST.._f/TUALATIN VALLEY FIRE&RESCUE* UALATIN VALLEY WATER DISTRICT*1CCEAN 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 TY OF BEAVERTON CITY ITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS V 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 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. J nna Mensher,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 ulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&CWsLetterOnly) _ Mel Huie,Greenspaces Coordinator(CPAIZOA) 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 r WASHINGTON COUNTY• _ OR.DEPT.OF ENERGY(Powerlines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue 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.) La swego,OR 97034 _Pla Wing Division(ZCA)MS,a �_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 rent 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) Sr.Cartographer(cPA2CA)MS 14 1900 SW 45 Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,surveyor(ZCA)MS 15 • Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY jef567,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(WCCCA)-sir(Monopole Towers) Sam Hunaidi,Assistant District Manager (Notify if ODOT RJR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-135 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(Budington Northern/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(Annexations Only) Gerald Backhaus(soe Map for Area Canted) (If Project is Within%Mile of 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 Jennifer Garland,Demographics Alex Silantiev (see'apt«An:a coma.) Brian Every(Apps E.o'HaIVN.of 99W) 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:\patty\masters\Request For Comments Notification List.doc (UPDATED: 24-Aug-07) (Also update:is\curpin\setup\fabels\annexations\annexation_utilities and franchises.doc,mailing labels 8 auto text when updating this documet • • CITY OF BEAVERTON METRO LAND USE&PLANNING PLANNING MANAGER ,ATTN:Paulette Allen,Growth Management Coordinator PO BOX 4755 600 NE GRAND AVENUE BEAVERTON OR 97076 PORTLAND OR 97232-2736 CITY OF DURHAM OREGON DEPT OF ENVIRON QUALITY • CITY MANAGER 811 SW SIXTH AVENUE 17160 SW UPPER BOONES FERRY RD PORTLAND OR 97204 DURHAM OR 97224 CITY OF TUALATIN CITY OF KING CITY PLANNING MANAGER CITY MANAGER 18880 SW MARTINAZZI AVENUE 15300 SW 116Th AVENUE TUALATIN OR 97062 • KING CITY OR 97224 Tualatin Valley Water District ODOT—REGION 1,DIST 2A Administrative Office SAM HUNAIDI,ASST.DISTRICT MGR. PO Box 745 6000 SW RAAB ROAD Beaverton,OR 97231 PORTLAND OR 97221 City of Tigard CITY OF LAKE OSWEGO Dick Bewersdorff,Planning Manager PLANNING DIRECTOR 13125 SW Hall Boulevard PO BOX 369 Tigard,OR 97223 LAKE OSWEGO OR 97034 City of Tigard CITY OF PORTLAND • Rob Murchison,Project Engineer PLANNING BUREAU DIRECTOR 13125 SW Hall Boulevard 1900 SW 4TH AVENUE,SUITE 4100 Tigard,OR 97223 PORTLAND OR 97201 City of Tigard CLEANWATER SERVICES Steve Martin,Parks Supervisor MARVIN SPIERING/SWM PROGRAM 13125 SW Hall Boulevard 155 N.FIRST AVENUE Tigard,OR 97223 HILLSBORO OR 97124 City of Tigard TUALATIN VALLEY FIRE&RESCUE • Jim Wolf,Crime Prevention Officer .Attn:John K.Dalby,Deputy Fire Marshall North Division 13125 SW Hall Boulevard Tigard,OR 97223 14480 SW Jenkins Road g Beaverton,OR 97005-1152 • WASHINGTON COUNTY DEPARTMENT OF LAND USE AND TRANSPORTATION Brent Curtis 155 N.First Avenue Suite 350,MS 13 Hillsboro,Oregon 97124 • • PLAMMMCr SER€7-Aaty , '1ATESiALB U.S. Postal Service,. TIFIED MAILTu, RECEIPT ru ( estic Mail Only;No Insurance Coverage Provide _/ tU CI For delivery information visit our website at www.usps.com© O OFFICIAL USE Lr) 5 Postage !' trn�� Certified Fee / ��L �i r-q het * ��f3astrnark tJ 0 Return Receipt Fee ! \ r`, O (Endorsement Required) jj .. c;, Restricted Delivery Fee 1,..c. �.; CI (Endorsement Required) ``'. e� ;: MI .`:` t d‘ fU Total Postage&Fees ► -�.....� O D- O Seto A pDz NvLc N. or PO Box No. l a3 I $-±t-NC: Sip City,State,ZIP+4 ` t D # 13o1 - d PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,anUAlso complete A Siseatdrti (�j item 4 if Restricted Delivery is desired. „/ Agent • Print your name and address on the reverse X ❑Addressee i so that we can return the card to you. B. iv (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, _ or on the front if space permits. c,-1 M-e,c- 0—5 D. Is delive address different from Item 1? ❑'Yes 1..(Article Addressed to: If YES,enter delivery address below: ❑No p/h/t am n cI ` Vii ee-la l I;�-f- . _ _ EYL co 3. Service Type 63 C1 11 v e �5r� 0 Certified Mail ❑Express Mail (j Registered ❑Retum Receipt for Merchandise �j t°.j y(I © .� l 413( - 5q0 ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7b0- 6 22_6 bbo I SSYD U2 12. . (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 In person ❑electronic ❑ mailed M Z DLCD ,„. f Adoption Notice of THIS FORM MUST BE MAILED TO DLCD :' I WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 )oI DLCD Use —J Jurisdiction: Tigard Local file number: CPA2007-00003 Date of Adoption: 11/27/2007 Date Mailed: Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Select oneDate: 8/27/2007 ® 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". The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: N/A Acres Involved: 0 Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ® ® ❑ ❑ - n ❑ ® ® ® ❑ ❑ 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 Federal Agencies, Local Governments or Special Districts: Local Contact: City of Tigard Phone: (503) 639-4171 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-598-1960 City: Tigard Zip: 97223 E-mail Address: Ron @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 120 DAYS = N/A • • DATE MAILED: 06/07/2007 III !ix CITY OF TIGARD `TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 Case Name: LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT: ANNEXATION 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. 07-19). 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 OCTOBER 15, 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 NOVEMBER 27, 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: > To make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at http://www.tigard- or.gov/city hall/departments/cd/code amendment.asp LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). • Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: Z Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON DECEMBER 27, 2007. 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. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: Call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- /9 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT CPA2007- 00003 --TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO ENSURE: IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES;MORE PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR ANNEXATION PRIOR TO RECEIPT OF CITY SERVICES,AND CORRECTLY REFERENCES THE STATE'S PROCESS OF DECLARATION OF HEALTH HAZARD. WHEREAS, Comprehensive Plan Urbanization Policy 10.2.1 was adopted in 1983 and its update is necessary to make it relevant to current conditions and circumstances and to provide a reliable guide for decisions related to annexation of unincorporated lands and associated provision of city services; and WHEREAS,The Tigard Planning Commission held a public meeting on October 15, 2007, and recommended approval of the proposed CPA 2007-00003 (with minor revisions) by motion and with unanimous vote;and WHEREAS, On November 27, 2007, the Tigard City Council held a public hearing to consider the Commission's recommendation on CPA 2007-00003, 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 change the text of the Policy as shown in "EXHIBIT A." SECTION 2: The findings and conclusions contained in the Staff Report dated September 27, 2007,the Planning Commission meeting minutes for October 15, 2007, are adopted by reference ("EXHIBIT B", and "EXHIBIT C" 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. PASSED: By U n c n`,m vuS vote of all Council members present after being read by number and title only, thiso�7- day of VEJ'1 deft , 2007. az-true_ Catherine Wheatley, City Recorder ORDINANCE No. 07-/r9 1 I:\LJU'IN\found Macaols\2007\11-27-07 ATTACH 1-COUNCIL ORDINANCE CPA2007-00003-doc • tL � /' • APPROVED: By Tigard City Council this o day of,26 very)bar ,2007. � V � Craig D sen,Mayor Approved as to form: ...� p City Attorney �c O Vie/Y) her as-7 aop<2 Date ORDINANCE No. 07- 2 L•\I.RPIN\Council Materials\2007\11-77-07 ATTACH 1-COUNCIL ORDINANCE CPA2007-00003.doc • • Exhibit A CPA 2007-00003 Exhibit A: Amendments to the Text of Comprehensive Plan Urbanization Policy 10.2.1 10.2.1 The City shall not approve the extension of City er-Unifted-Sewetage-Agetter Lines services except a) Where applications for annexation for those properties have been approved by the City; b) In circumstances where applicable state-et and County health-agency agencies has have declared a potential or eminent health hazard pursuant to ORS for 431.705 to 431.760 (health hazard annexation or district formation). Key: Steike-threugh indicates language to be deleted from the original policy. Bold indicates language to be added to the original policy. I:\LRPLN\Council Materials\2007\11-27-07 Exhibit A CPA2007-00003 Amendments to Text of Policy 10.21.doc U.S. Postal Service,. U.S. Postal Service,. ifiRTIFIED MAILTM RECEIPT RTIFIED MAILTM RECEIPT estic Mail Only;No Insurance Covefage Provid r` estic Mall Only;No Insurance Covet.'ge Provio nJ For delivery information visit our website at www.uops.come � rL! For delivery information visit our website,t www.t.Isps.-omo I C L .__H A tt 4._' I 1 mil►=co u, Postage $ 0.41 ` Postage $ 0.41 Certified Fee 2.65 r, t.%y Certfied Fee ' 2.65 ° Return Receipt Fee r" P\„ .rk :4 ° Return Receipt Fee 7 Postmark ° (Endorsement Required) , 2.15 t• ( •Hete., ° (Endorsement Required) 2.15' Here •1:' ° Restricted Delivery Fee ^I s ° Restricted Delivery Fee ^I % ��' 1::1 (Endorsement Required) ! �\. ° (Endorsement Required) t tY nJ OTotal Postage&Fees $ 1 5.21 2:....... A Q Total Postage&Fees li 5.21 ' '3 ' Sent To' JAMES E.& PATRICIA A. ter'" i r- LISA HELENE HAMEL, and all D shat,) KEMP,and all others I ° ° T�E others f 13892 SW Hindon Court, . N °'PC 11715 SW 134th Terrace, ` Tigard, Oregon'97223 �`� Tigard, Oregon 97223 PS Form:: ..-•ugust 2006 See Reverse for Instructions PS Form 3800.August 2006 See'everse for Instructions U.S. Postal Servicerm U.S. Postal Service., ATERTIFIED MAILTM RECEIPT ariRTIFIED MAILru RECEIPT mo estic Mail Only;No Insurance Cover�ge Provi., estic Mail Only;No Insurance Coverage Provi.mom _ u m For delivery information visit our website at'Naw,usps.como ru For delivery information visit our website at wt•fw.usps.come rl ri Postage $ 0.41 Ir, j 0.41 ►n Postage $ ix) i Certified Fee 12.65_ . .�; Certified Fee 2.6 5' a ostmadc O Return Receipt Fee Here -7 o Return Receipt Fee 1 2.1 5 \P°strnark.,-9\ ° (Endorsement Required) i 2.15 `� ° (Endorsement Required) 5 ,r %,•,,Here �,•.p ° Restricted Delivery Fee I ■ \\( ` 5) ° Restricted Delivery Fee I �) �" 0 (Endorsement Required) ° (Endorsement Required) I , J r/ nj Total PoAtnae&Fees $ 15.21 c`„\` O Total Postage&Fees $ 1 5.21 � l ° Steven 1 r` se, TIMOTHY J. TABLER, Senrrol S. Varnum Anne Marie Martin, and all others °° sir and all others ° -gtmer i cp or POE 12511 SW Winter Lake, N . �i 12456 SW Aspen Ridge, Tigard, Oregon 97223 Tigard, Oregon 97223 PS Form 3800.August 2006 - -e for Instructions PS Form 3800,August 2006 - verse tot Instructions U.S. Postal Service,, IRTIFIED MAIL.,, RECEIPT estic Mail Only;No Insurance Cc've==Provi. ; . fU For delivery information visit our website at www.u::E's.com•, 1-.q oFFir: 11- to Postage $ 1 �' �2.65 ., Certified Fee �'�. ? . 'Poatrpark '� � O Return Receipt Fee 12. 15 I ''H p (Endorsement Required) (. c 1:v 1 o i 4 A •'f Restricted Delivery Fee (Endorsemerd Required) •. ru Total Postage&Fees $ 15. 2 1 , I `'"■.,A, O N Semi JACOB A. SHOOP, o street and all others r or PO 12450 SW Aspen Ridge, ` MS i Tigard, Oregon 97223 • PS Form 3800,August 2006 ., .:rse for Instructions ' . • S , AFFIDAVIT OF ,MAILING = +: .. TIGARD'. I, Markus Mead, being first duly sworn/affirm, on oath depose and say that I am a Planning Intern for the City of Tigard,Washington County, Oregon and that I served the following: Check AfTrtypnate Bnx(s)Below) © NOTICE OF FINAL ORDER FOR:- CPA2007-00003/Legislative Comprehensive Plan Amendment:Annexation (File No./Name Reference) ® AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission (11/27/2007) ® 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 29, 2007,and deposited in the United States Mail on November 29, 2007,postage prepaid. .1, ' "--e _ erson that Pr-.are. Notice STATE OF OREGON i , County of Washington ss. City of Tigard 11-- Subscribed and sworn/affirmed before me on the day of kin OE -a72- , 2007. !.�:. OFFICIAL SEAL �� � �� -^r s SHIRLEY L TREAT �' t� �' COMMISSION NO.416777 NOTARY P IC OF OREGON , MY COMMISSION EXPIRES APRIL 25,2011 , �/ /// My Commission Expires: /' • • EXHIBIT "B" ATTN: PLAN AMENDMENT SPECIALIST DEPT. LAND CONSERVATION&DEVEL. ISADOR MORGAVI AV 635 CAPITOL ST. NE, SUITE 150 15145 SW 119TH AVE. TIGARD, OR 97224 SALEM, OR 97301-2540 JOHN FRE WING 7110 SW LOLA LANE TIGARD, OR 97223 • • , COMMUNITY { SPAPERS ,. CITY OF TIGARD 6605 SE Lake Road, Portland, OR 97222• PO , il l: ' OREGON Box 22109• Portland, OR 97269 Phone:503-684-0360 Fax: 503-620-3433 TIGARD Email: legals@commnewspapers.com- I PUBLIC HEARING ITEM The following will be considered by the Tigard City Council on AFFIDAVIT OF PUBLICATION Tuesday,November 27,2007 at 7:00 PM at the Tigard Civic Cen- State of Oregon, County of Washington, SS , ter-Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. Public oral or written testimony is invited. The public hearing on I, Charlotte Allsop, being the first duly sworn, I this matter will beheld under Title 18 and rules of procedure ad_ depose and say that I am the Accounting I opted by the Council and available at Cit Hall or the rules of ro cedure set forth in Section 18.390.060.E. The Planning Commis- Manager of The Times(serving Tigard, sion's review is for the purpose of making a recommendation to the Tualatin & Sherwood), a newspaper of City Council on the request. The Council will then hold a public general circulation, published at Beaverton, in '` hearing on the request prior to making a decision. the aforesaid county and state, as defined by 'ORS 193.010 and 193.020, that ■ Further information may be obtained from the City of Tigard Plan- , ning Division (Staff contact: Ron Bunch or Markus Mead) at Tigard i 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503- Cit Y of ' 639-4171. )F CPA 2007-00003 TT11048 COMPREHENSIVE PLAN AMENDMENT(CPA)2007-00003 -LEGISLATIVE UPDATE:ANNEXATION POLICY a copy of which is hereto attached, was REQUEST: The City of Tigard proposes to amend Comprehen- published in the entire issue of said sive Plan Policy 10.2.1 as directed by City Council to make explicit for newspaper that annexation is required before property within its Urban Ser- 1 I vices Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive weeks in the following issues Plan are consistent with City/County Agreements.Applicant's ma- November 8, 2007 terials are available online at HYPERLINK "http://www.tigard- , or.gov/city_hall/departments/cd/code_amendment.asp" http:// www.tigard-or.gov/city_hall/departments/cd/code_amendment.asp • LOCATION: Citywide. ZONE: The proposal is a Comprehen-i sive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: • ./L CLUA-e Tigard Community Development Code Chapter 18.390, Type IV V Procedure; Tigard Comprehensive Plan Policies: General Policies Charlotte Allsop (Accounting Ma ager) 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1,7.4.2;Urbanization 10.1.1.Metro Functional Plan.Statewide November 8, 2007 • Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10"(Housirig);T1 (Public°Fa'i5i1ities and Services)and 14(Urbaniza- ,•• Lion). ,� Publish 11/8/2007 TT11048 ‘S-10-2-d+3■C)., CU.J.k.Ci.)tn _ -- NOTAR43 PUBLIC FOR OREGON My commission expires 0V' ,2-0 107 Acct#10093001 () ���, OFFICIAL SEAL J Doreen Laughlin ( e .1s-' = SUZETTE I CURRAN / 1- • City of Tigard �� NOTARY PUBLIC-OREGON 13125 SW_Hall Blvd. COMMISSION NO.373083 MY COMMISSION EXPIRES NOV.28,2007 0 Tigard, OR 97223 ��-�.-``-�-�-�-�ti-._-ti- - - -�- 1• . Size:2 x 6.75 Amount Due $112.72 *Remit to address above • leo COMMUNITY ® CITY OF TIGARD . 1 NEWSPAPERS i OREGON 6605 SE Lake Road, Portland,OR 97222• PO Box 22109•Portland,OR 97269 T I GA RD Phone:503-684-0360 Fax: 503-620-3433 Email: legals @commnewspapers.com PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission on Monday October 15.2007 at 7:00 PM and the AFFIDAVIT OF PUBLICATION 1 Tigard City Council on Tuesday, November 27. 2007 at 7:00 State of Oregon, County of Washington, SS PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. I, Charlotte Allsop, being the first duly sworn, Public oral or written testimony is invited. The public hearing , and say that I am the Accounting on this matter will be held under Title 18 and rules of proce- depose epo Manager of The Times(serving c Tigard, dure adopted by the Council and available at City Hall or the ( 9 9 rules of procedure set forth in Section 18.390.060.E. The Tualatin & Sherwood), a newspaper of 3 Planning Commission's review is for the purpose of making a general circulation, published at Beaverton, in I recommendation to the City Council on the request. The the aforesaid county and state, as defined by Council will then hold a public hearing on the request prior to ORS 193.010 and 193.020, that ' making a decision. ■ Further information may be obtained from the City of Tigard Cit of Ti ard Planning Division(Staff contact: Ron Bunch or Markus Mead) y g at 13125 SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503- CPA 2007-00003 639-4171. TT11030 1 1 COMPREHENSIVE PLAN AMENDMENT(CPA)2007-00003 a copy of which is hereto annexed, was -LEGISLATIVE UPDATE:ANNEXATION POLICY published in the entire issue of said ` REQUEST: The City of Tigard proposes to amend newspaper for Comprehensive Plan Policy 10.2.1 as directed by City Council to 1 I make explicit that annexation is required before property within its -Urban Services Area,but outside the City limits, can receive city weeks in the following issues ; services. These changes also ensure that all policies in the September 27, 2007 Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at http://www.tigard- or.gov/city hall/departments/cd/code amendment.asp LOCA- ` TION: Citywide. ZONE: The proposal is a Comprehensive Plan C (O' text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Charlotte Allsop (Accounting Manager) I Community Development Code Chapter 18.390, Type IV 1 Procedure;Tigard Comprehensive Plan Policies: General Policies September 27, 2007 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals.1 (Citizen Involvement), 2 (Land Use e�, , z - c wV ,' ,, Planning), 10 (Housing), 11 (Public Facilities and Services) and � 3 � ( 14 (Urbanization). Publish 9/27/2007 TT 11030 'I NOTARV PUBLIC FOR OREGON — =_ My commission expires irl■ V 1D-$, J-o07 Acct#10093001 (�-�- ��`-��- �-�"`- . .) f'.±�, OFFICIAL SEAL Doreen Laughlin ) r SUZETTE 1 CURRAN I/ () �� NOTARY PUBLIC-0OREGON (), City of Tigard ( � COMMISSION NO.373063 13125 SW Hall Blvd MY COMMISSION EXPIRES NOV.28,20071 Tigard, OR 97223 1.- MV COMMISSION -RES NOti----` 7 4, . Size:2 x 6.5 Amount Due,$108.55 '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 October 15,2007 at 7:00 PM and the Tigard City Council on Tuesday, November 27, 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: Ron Bunch or Markus Mead) at 13125 SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503-639-4171. COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 - LEGISLATIVE UPDATE: ANNEXATION POLICY REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at http://w-w-w.tigard- or.gov/city hall/deppartments/cd/code amendment.asp LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). (THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU) TT PUBLISH DATE: September 27,2007 I:\LRPLN\COMPPLAN\VolumeIl\CPA\2007-00003\Notice Materials\2007-00003PC and CC Legal Notice-Tigard Times.doc • U.S. Postal ServiceTM o CERTIFIED MAILTM RECEIPT l (Domestic Mail Only;No Insurance Coverage Provided) N For delivery information visit our website at www.usps.come " =. .0 41 ; ° IN `D Postage • I 2.6516'` Certified Fee (41, , OReturn Reciept Fee i 2.15 ;q"re (Endorsement Required) ® O Restricted Delivery Fee -13 (Endorsement Required) 14, N 5.21 Total Postage&Fees $ m c ent - • A!IENTION:PLAN AMENDMENT SPECIALIST N S DEPARTMENT OF LAND CONSERVATION AND DEV. 0 635 CAPITOL STREET NE.,SUITE 150 SALEM,OREGON 97301-2540 PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X ❑Addressed so that we can return the card to you. B - =ved - C. Date 4ptive • Attach this card to the back of the mailpiece, >• / or on the front if space permits. • qtr 2 D. is deliv:ry:,dress different from item 1? ❑Yes 1.'Article Addressed to: If YES,e =r delivery address below: 0 No • Al IENTION:PLAN AMENDMENT SPECIALIST?- DEPARTMENT OF LAND CONSERVATION AND=DEV., 635 CAPITOL STREET NE.,SUITE 150 ,3. Service Type SALEM,OREGON 97301-2540 _ _ - 'Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 2260 0001 6391 7870 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 192595-02-M-1540 FILE C O* 410,, in person ❑ electronic❑mailed❑ 1 DLCD Notice of 1 � i Proposed Amendment E # THIS FORM MUST BE RECEIVED BY DLCD AT LEAST GV 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING PER ORS 197.610,OAR CHAPTER 660,DIVISION 18 _ For DLCD Use Only Jurisdiction: Tigard Local file number: CPA2007-00003 Date First Evidentiary hearing: Date of Final Hearing: Is this a revision to a previously submitted proposal? ❑Yes No Date submitted: 8/27/2007 ® 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): The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1. This amendment was directed by City Council in Resolution 07-13 on March 13,2007. It provides explicit language that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed amendments to the policy are specified on the attached form. 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): Previous density: New density: Acres involved: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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.): City of Tigard; Washington county; Clean Water Services of Washington County; Metro Local Contact: Ron Bunch, Markus Mead Phone: (503) 639-4171 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-598-1960 City: Tigard Zip: 97223 E-mail Address: Ron @ tgard-or.gov DLCD file No. • • 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 81/2 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.Icd.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. • • • DLCD Notice of Proposed Amendment City of Tigard Annexation Policy •I Comprehensive Plan Amendment Supplemental `!i'BGARD Narrative APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Ron Bunch (503.718.2427 Ron @Tigard-or.gov), Markus Mead (503.718.2435 Markus @Tigard-or.gov) Fax: 503.598.1960 BACKGROUND INFORMATION Project History During City Councils consideration of the City's annexation policy and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and providing public services required amendment. This is necessary to make it unequivocally consistent with current City/County agreements and practices. In addition the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency; non-remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within Tigard's Urban Services Area but outside the City limits can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed amendments to the policy are as follows: Policy 10.2.1 (Bold indicates new language and Stfile—thfetigh indicates proposed deleted language) The City shall not approve the extension of City or Unified Sewerage Agency lines services except: a) Where applications for annexation for those properties have been the approved by the City; or b) Where a non remonstrance agreement to anncx those properties has been signed and e)b) In circumstances where applicable state or and county health agency agencies has have declared a potential or imminent health hazard. File: I:\LRPLN\COMPPLAN\Annexation Amendment 2007\DLCD Materials\CPA2007- 00002_DLCD_narrative_notice_of proposed_amendment_07.19.2007_Final.doc DUD Notice of Proposed Amendment Qty of Tigard Annexation Policy PAGE 1 OF 1 Comprehensive Plan Amendment 8/27/2007 • • • • AFFIDAVIT OF MAILING TIGARD 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: ;Check.Appmpnn�e Ihn(c)I4krv•} © NOTICE OF PUBLIC HEARING FOR: CPA2007-00003 COMPREHENSIVE PLAN AMENDMENT (File No./Name Reference) ® AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission 10/15/2007 • Tigard City Council (11/27/2007) 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 August 30, 2007,and deposited in the United States Mail on August 30, 2007,postage prepaid. (Person that Prepared Notic STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 3O day of ,2007. OFFICIAL SEAL 9 . I DIANE M JELDERKS ( C' NOTARY PUBLIC-OREGON 1J / (} C'- COMMISSION NO.373021 ( "� �� - ,/•' (I MY COMMISSION EXPIRES SEPT.25,20071 NOTARY PUBLIC O' '1 RE ON My Commission Expires: 7/.1-s-70 7 • • • E EXHIBIT A. NOTICE T O MORTGAGEE, NHOLDE ,VENDOR OR SE :R 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 WTT.T, BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, OCTOBER 15, 2007, AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, NOVEMBER 27, 2007 AT 7:00 PM. 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) 2007-00003 FILE TITLE: LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT: ANNEXATION. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1. This amendment was directed by City Council in Resolution 07-13 on March 13, 2007. It provides explicit language that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County agreements. The proposed amendments to the policy are specified on the attached form. 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 (City of Tigard) ZONE: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. APPLICABLE REVIEW Tigard Community Development Code Chapter 18.390, Type IV Procedure. CRITERIA: Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2;Urbanization 10.1.1. Metro Functional Plan Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization): THE PUBLIC ' RING ON TI- MATTER WILL BE CONDUCTS ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOP ENT 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'DD - '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 TESTIMONY 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 LA 1'ER 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 (25 ) PER PAGE, OR THE CURRENT RA 1'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE LONG RANGE PLANING MANAGER RON BUNCH OR LONG RANGE PLANNING INTERN MARKUS MEAD AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO Ronatigard-or.gov, or Markus a tigard-or.gov. File: I:\LRPLN\COMPPLAN\Volumell\CPA\2007-00003\2007-00003Public Hearing Notice.doc • L r• Barry Albertson Josh Thomas EXHIBIT 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 Crag head 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 • '• 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 ' 114th Place Tiga ., 0' 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 '120 DAYS =N/A DATE MAILED: 06/07/200P W �� I - x + • CITY OF TIGARD -T I GAmRID Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: COMPREHENSIVE PLAN AMENDMENT (CPA)2007-00003 Case Name: LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT: ANNEXATION 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. 07-19). 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 OCTOBER 15,2007 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 NOVEMBER 27, 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: > To make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at http://www.tigard- or.gov/city hall/departments/cd/code amendment.asp LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). 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 DECEMBER 27,2007. 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. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: Call the City of Tigard Planning Division or the City Recorder at(503) 639-4171. • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT CPA2007- 00003 --TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO ENSURE: IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES;MORE PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR ANNEXATION PRIOR TO RECEIPT OF CITY SERVICES,AND CORRECTLY REFERENCES THE STATE'S PROCESS OF DECLARATION OF HEALTH HAZARD. WHEREAS, Comprehensive Plan Urbanization Policy 10.2.1 was adopted in 1983 and its update is necessary to make it relevant to current conditions and circumstances and to provide a reliable guide for decisions related to annexation of unincorporated lands and associated provision of city services; and WHEREAS,The Tigard Planning Commission held a public meeting on October 15,2007, and recommended approval of the proposed CPA 2007-00003 (with minor revisions) by motion and with unanimous vote;and WHEREAS, On November 27, 2007, the Tigard City Council held a public hearing to consider the Commission's recommendation on CPA 2007-00003, 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 change the text of the Policy as shown in"EXHIBIT A." SECTION 2: The findings and conclusions contained in the Staff Report dated September 27,2007, the Planning Commission meeting minutes for October 15, 2007, are adopted by reference ("EXHIBIT B",and"EXHIBIT C" 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. PASSED: By Lin anslMOUS vot of all Council members present after being read by number and title only,thisc '7- day of HOVPjf b L?c ,2007. Cr-t.t. rue_ ...U.) Catherine Wheatley, City Recorder ORDINANCE No.07-/q 1 1\LRPLN\Camca M,tan1.�11-27-7 ATTACH 1-COUNCIL ORDINANCE CPA207-00003doc t�L APPROVED: By Tigard City Council this —day of r>✓Q bar ,2007. (�..- Craig DDsen,Mayor Approved as to form: 41 V City Attorney J(o Ye.m her cg7 ao)� Date ORDINANCE No.07- 2 LWiP1.N\Council Mamas ATTACH 1-COUNCIL ORDINANCE CPA2007-00003.doc • • • . Exhibit A • CPA 2007-00003 Exhibit A: Amendments to the Text of Comprehensive Plan Urbanization Policy 10.2.1 10.2.1 The City shall not approve the extension.of City er--Unified-Sewerage-Agener Lines services except: • a) Where applications for annexation for those properties have been approved by the City; - : . .. . ` -- .. : :... .. . -.- --.- : - .. -T, b) In circumstances where applicable state-et and County health-ageney agencies has have declared a potential or eminent health hazard pursuant to ORS for 431705 to 431760 (health hazard annexation or district formation). Key: indicates language to be deleted from the original policy. Bold indicates language to be added to the original policy. .• • • • 1:\LRPLN\Council Materials\2007\I1-27-07 Exhbit A CPA2007-00003 Amendments to Text of Policy 10.2.1.doc - ! • • • .r Agenda Item: S. tt Hearing Date: October 15,2007 Time: 7:00 PM • ;Xr�Y�: M.;;^h5: '•".n.:r::' :it z ,�.'•„ 9•,"y,; .' .f' ':`i,,.,. ..7-•a-' ,�°.;'..�`-.fr'+sw r;�3 rY.;.J .rJ' <i: .',;: ;�.' .. ":t••.�• .;1. '. ..• ".,f,.` - REPORT y .�' tp, .PLANNING;COMMISSION �= ,.• • - FOR THE'CITY OF'dTIGARD =`O•REGON ' r= ' S=° TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY • FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE ANNEXATION POLICIES FILE NO.: Comprehensive Plan Amendment(CPA) CPA2007-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 • OWNER: N/A PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 to: 1) Be clear that for property to receive City Services,annexation applications must be approved by the City;2) That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 3) Accurately reflect that state and County health agencies have a role in declaring potential or - imminent health hazards; and 4) Ensure the City's Comprehensive Plan policies are consistent with City and County Agreements. LOCATION: Citywide (City of Tigard) ZONING and COMP PLAN DESIGNATION: The proposal is a Comprehensive Plan Text Amendment. It is not applicable to a specific property or group of properties. It is a statement of policy intended to update the City's position that property within the unincorporated urban services area is required to annex in order to receive City Services. APPLICABLE REVIEW • CRITERIA: Tigard Community_Development Code Chapter 18.390,Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1.,Metro Functional Plan Not Applicable.,Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning) and 11 (Public Facilities and Services). SECTION II. STAFF RECOMMENDATION 4S'taff'recommends"'that'the:Planning Cominissionrecommend that'tlie.Tigard City:.Council;aniend:`the :Tigard' Comprehensive-Plan"liy adoptineth'e proposed'«amendmentsYto Policy;. .10.2:1: as.•determined hro they iiblic.h rocess: • , STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 1 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION III. BACKGROUND INFORMATION Project History During City Council's consideration of the City's annexation policies and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and the provision of City services required amendment. This amendment is necessary to make the policy consistent with current City-County Agreements and practices.Also, the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency,non- remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation approval is required before property within Tigard's Urban Services Area but outside the City limits can receive City Services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed policy amendments are as follows: Proposed Policy 10.2.1 (Bold indicates proposed new language and strife- rough indicates language proposed to be deleted.) The City shall not approve the extension of City or Uniflcd Sewerage Agency lines services except: a) Where applications for annexation for those properties have been submitted to the approved by the City;or b) Where a non remonstrance agreement to annex those properties has been signed and recorded with Washington County and submitted to the City;or c) b) In circumstances where applicable state or and county health agent' agencies has have declared a potential or imminent health hazard. SECTION IV. SUMMARY OF REPORT 4. Applicable criteria findings and conclusions a) Tigard Community Development Code i) Chapter 18.390 b) Applicable Comprehensive Plan Policies i) 1 General Policies ii) 2 Citizen Involvement iii) 7 Public Facilities and Services c) Applicable Metro Standards i) None Applicable d) Statewide Planning Goals i) 1 Citizen Involvement ii) 2 Land Use Planning iii) 11 Public Facilities and Services 5. City Department and outside agency comments a) Clean Water Services comments STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 2 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION V. APPLICABLE CRITERIA AND FINDINGS APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Community Development Code Chapter 18.390.060,Type IV Procedure. 18.390.020.B.4 Types Defined. 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: This chapter establishes standard decision-making procedures for reviewing applications. Section 18.390.060.E states that the recommendation by the Commission,and the decision by the Council, shall be based on consideration of the following factors including: 1) Statewide Planning Goals, 2) applicable federal or state statues or regulations, 3) applicable Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Therefore, the relevant procedures are satisfied and this criterion is met. Conclusion(s): Based on the analysis above, staff finds that the proposed amendment satisfies the applicable review criteria within the Tigard Community Development Code. APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies 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: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. The existing Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission. Furthermore the City has adopted specific Community Development Code amendments to comply with the applicable land use titles of the Metro Functional Plan, specifically: Title 1, Requirements for Housing and Employment and Housing Accommodations;Title 2, Regional Parking Policy;Title 3 (Metro Cock Sections 3.07.310 - 3.07.370) -Water Quality, Flood Management and Fish and Wildlife Conservation;Title 4 (Metro Code Sections 3.-07.410 - 3.07.440) - Industrial and Other Employment Areas. The proposed amendment language does not alter the Comprehensive Plan in a manner that compromises the Comprehensive Plan's compliance with the Statewide Planning Goals or the Metro Functional Plan. The amendment does not compromise the City's current acknowledged status of the City's Plan with the Statewide Planning goals. Neither does this amendment affect the City's compliance with Metro Titles. It does not affect or have bearing on housing or employment capacity;parking standards;water quality, flood management or wildlife conservation or industrial or employment areas. Changes to the policy are essentially house-keeping items intended to accomplish the following: 1. Reflect the current condition that Tigard controls sewer collection lines and local storm water management facilities instead of Clean Water Services (previously Unified Sewerage Agency). Thus the proposed policy references services in general instead of just"Unified Sewerage Agency lines"; STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 3 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT . • 2. Be clear that for property to receive City Services, annexation applications must be approved by the City; 3. That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 4. Accurately reflect that state and County health agencies have a role in declaring potential or imminent health hazards, and 5. Ensure the City's Comprehensive Plan policies are consistent with current City and County Agreements. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (A). C. The Tigard Comprehensive Plan and Community Development Code are kept current with the needs of the community. Findings: This policy section requires the Comprehensive Plan and Community Development Code to be kept current to address the needs of the Community. The findings enumerated 1 —.5 above illustrate the conditions that require the policy to be "modernized." Changing the policy as proposed addresses all five of the above factors that changed since the policy was adopted in the mid 1980s. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (C). Policy 2 - Citizen Involvement 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: These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort, and that information on land use planning issues shall be available in understandable form for all interested citizens. This matter was discussed in a public forum at noticed Council Meetings as noted above. This discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Planning Commission's public hearing was posted in the Tigard Times pursuant to Tigard Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City-maintained interested parties list. There has been no public comment up to the time of staff report composition. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 4 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • Conclusion(s): Based on the above findings that this matter was discussed first in a public forum, and that various media, television,print and internet,provided access to relevant information and opportunity to comment, it is concluded that the application is consistent with Policy 2.1.1 It is further concluded that the proposal conforms to Policy 2.1.1 because the City has followed all its requirements to provide notice and comply with public hearing requirements to ensure public access to the decision- making process. Policy 7-Public Facilities and Services 7.4.1 The shall: B. Require that future extensions of collector sewer lines shall be consistent with all City ordinances and agreements between the City of Tigard, Washington County and the Unified Sewerage Agency (USA);and Findings: This policy requires service extensions to be consistent with City ordinances, and agreements with Washington County and Clean Water Services. The current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency (which is now Clean Water Services) non-remonstrance agreements and outdated health hazard declaration processes. Therefore it is found that the policy needs to be modernized to be consistent with the more recent City—County Agreements. It is important to note a key difference in the proposed policy's wording and the previous policy is that "annexation must be approved" before needed City services can be provided. This language clears up any ambiguity, to ensure that timely and logical service provision can be made by the City. It is found that the proposal better implements the City-County Tigard Urban Planning Agreement (UPAA) and the Tigard Urban Services Area Agreement (TUSA). In the most basic sense the Urban Planning Area Agreement states that the City is the ultimate urban service provider for all territory within the delineated Tigard Urban Service Area as required by state law (ORS 195). Conclusion(s): It is concluded that the proposed amendment is consistent with City ordinances and applicable City-County intergovernmental agreements. APPLICABLE METRO REGULATIONS: Metro Functional Plan: Findings: The Metro Functional Plan is not applicable to this application.The application does not affect those Titles that pertain to Tigard. The proposal does not have bearing or amend the City's housing or employment targets per Title 1. It does not affect regional mobility or traffic issues per Title 2. It is not relevant to water quality, flood management or fish and wildlife per Title 3. The application does not specifically affect industrial or employment areas per Title 4. Neighboring cities and/or rural reserves in Title 5 will not be affected by this proposal. The application is not relevant to designated centers per Title 6. The proposal does not affect housing affordability per Title 7. No compliance procedures per Title 8 are relevant to this proposal. Performance measures per Title 9 are not affected by this amendment proposal. The proposal does not change any definitions per Title 10. The proposal is not planning for a new urban area per Title 11. The application does not alter residential neighborhoods per Title 12. Therefore, these criteria are not applicable. Conclusion(s): Based on the analysis above, staff finds that the Metro Functional Plan is not applicable to the proposed amendment. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 5 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • , THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goals 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 matter was discussed in a public forum at noticed Council Meetings as noted above. At this time the discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Tigard Planning Commission's public hearing was posted in the Tigard Times pursuant to Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City maintained interested parties list. There has been no public comment up to this time. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. Therefore, citizen involvement requirements for the proposed Comprehensive Plan amendment have been met. Statewide Planning Goal 2 - Land Use Planning: This goal outlines Oregon's land use planning process and policy framework. Land use decisions are to be made in accordance with a Comprehensive Plan and implementing ordinances. These Plans should be based on factual information and be periodically updated. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure,which requires that it be consistent with any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City implementing ordinances. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. As proven above all applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 11 -Public Facilities and Services This goal calls for efficient planning of public services such as sewers,water, law enforcement, and fire protection. Findings: The proposed amendment makes explicit that annexation is required before property within Tigard's Urban Services Area,but outside the City limits,can receive City Services. This proposal will assure that properties annexed by the City of Tigard have sufficient access to City services. In this way an orderly and efficient arrangement of public facilities and services can be provided. Therefore, this amendment makes for more efficient planning of public services, and this goal is met. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 6 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard Police Department has had an opportunity to review this proposal and has no objections.The City of Tigard's Building Division and City of Tigard's Public Works had an opportunity to review this proposal and did not respond. SECTION VII. OUTSIDE AGENCY COMMENTS Oregon Department of Land Conservation and Development and Metro were notified of the proposed amendments and did not respond. Tualatin Valley Fire & Rescue and the Tualatin Valley Water District were notified of the proposed amendments and did not respond. Clean Water Services responded to the request for comments as follows: • 'We recommend following the provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http://clean water services.org.PermitCenter/DesignConstruction/Update/default.aspx) for all issues relating to development,vegetated quarterlies, erosion control,and preservation of wetlands,natural drainage ways,and enhancements thereof. • We recommend following all applicable sections of the January 2005 Intergovernmental Agreement between the City of Tigard and Clean Water Services." Staff Response: Clean Water Services is aware that the City is the designated service provider within this area and that if City Services are needed, annexation is required.The agency's first comments are applicable to the actual design and construction of city sanitary sewer facilities that would be needed to serve development within the Tigard Urban Services Area. They are not applicable to the actual policy changes being proposed. Clean Water Services and the City entered into an intergovernmental agreement in 2005 that specifies the responsibilities of the District and the City for the performance of specific functions relating to operation and maintenance of the sanitary and storm sewer and surface water systems.These matters do not address the policy matters associated with the proposed Comprehensive Plan Amendment. The Clean Water Services-City of Tigard Intergovernmental Agreement focuses on engineering, design,maintenance, funding and operational issues. It applies both to the incorporated, and unincorporated,portions of the Tigard Urban Services.Therefore,the District's second comments are not applicable to the proposed policy amendment. SECTION VIII. CONCLUSION Staff concludes that the proposed changes comply with the applicable criteria of the Tigard Comprehensive Plan Statewide Planning Goals,Metro regulations, and applicable provisions of the City's implementing ordinances. Therefore,it is recommended that the Planning Commission recommend to City Council that it adopt the proposed Comprehensive Plan Text amendment as determined through the public hearing process. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 7 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN. /i�/ C September 27, 2007 PREPARED BY: Markus M DATE • Long Range Planning Intern gAt-cdirtiroyrkv-ok",. September 27, 2007 • APPROVED BY: Ron Bunch DATE Assistant Community Development Manager File:I:\LRPLN\COMPPLAN\VolumeII\CPA\2007-00003\Staff Report\CPA2007-00003 Staff Report 09.26.2007_Final.doc STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 8 OF 8 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT • • t; CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 15,2007 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 (arrived at 7:30),Vermilyea, and Walsh Commissioners Absent: Staff Present: Ron Bunch,Assistant Community Development Director; Sean Farrelly, Associate Planner;Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Caffall reported that the Committee for Citizen Involvement is currently seeking new members for the committee. Commissioner Walsh advised that the Tree Board would be meeting Wednesday night. He is hoping staff will sum up the issues from the last joint Tree Board/Planning Commission workshop. They will work on the issues and come back to the Planning Commission at a future date. • 4. APPROVE MEETING MINUTES Motion by Commissioner Doherty,seconded by Commissioner Hasman,to approve the October 1,2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson,Doherty,Fishel,Hasman,Inman,Walsh NAYS: None ABSTENTIONS: Caffall,Vermilyea EXCUSED: Muldoon 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 LEGISLATIVE UPDATE: ANNEXATION POLICY • PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 1 • • REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1 Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). STAFF REPORT Assistant Community Development Director Ron Bunch presented the staff report on behalf of the City. He advised this application is a result of Council's desire to make sure it is absolutely explicit for properties located within the City's designated Urban Services Area and wishing to receive services, that they must first annex to the City to receive services. This policy will be included with the new Comprehensive Plan update, but since there are current pending annexation applications, the City wants to do this amendment early so property owners and developers know that they must annex before receiving City services. Bunch noted that in the past, homeowners weren't required to actually annex before receiving City services if they signed a non-remonstrance agreement for future annexation. In the City's experience, people successfully fought the non-remonstrance agreements in court and never annexed. Bunch said the proposed application complies with all applicable criteria and statewide planning goals and recommends the Planning Commission forward a recommendation of approval to the City Council. Bunch advised that City services primarily include sewer and storm drainage lines. The term "services" is defined broadly, because we don't know what services could be included in the future. If the City does not approve the proposed amendment, it would make it difficult for developing properties in the Urban Services Area. We would argue that they cannot receive City services unless they annex to the City first. We would like the policy to be clear and straightforward. Bunch said the City would work with developers to see that annexation applications and land use applications would run concurrently. PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 2 • PUBLIC TESTIMONY John Frewing, 7110 Lola Lane, Tigard 97223, believes some of the proposed language is vague and should be clearer. He asked what a potential health hazard would be. Could that include police or unsafe sidewalks? Ron Bunch advised that the health hazard is defined by statute as a situation where there is a failing septic tank, contaminated ground water, or contaminated drinking water that requires the Oregon Environmental Quality Commission to declare an eminent health hazard to the public. We can reference the statute and the administrative rules in the amendment. PUBLIC HEARING CLOSED Motion by Commissioner Walsh,seconded by Commissioner Caffall, to move forward a recommendation of approval to City Council of application CPA 1007-00003 as amended to include specific reference to the legislative references in the ORS,including the staff report and the testimony tonight. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman, Vermilyea, Walsh NAYS: None ABSTENTIONS: None EXCUSED: Muldoon 6. COMPREHENSIVE PLAN - HOUSING, ECONOMY WORKSHOP Commissioner Muldoon arrived at 7:30 p.m. Associate Planner Sean Farrellypresented the draft policy language on housing and economy. The Commissioners reviewed the proposed policy and suggested the following changes to the language (responses are written in italics): • It was suggested adding an action measure to develop a branded marketing effort and brand elements to preserve their value to Tigard. It's hard to tell one community from the next. This idea could he encompassed in deuloping a for mil economic dezelopnrnt program aril strategy or zee could add another action erasure • Should we elevate 9.1.iv to a policy level? We can do that The idea that zee should gmwvhxat vie haze is r in the "Economic ritc gzndening idea"to dezelop zth at zee already haze here It was suggested taking the theme of action measures #iv and#v and re-working them into a policy statement for encouraging growing businesses. • Commissioner Vermilyea believes that,instead of letting traffic dictate what we can do in the Tigard Triangle, the City should envision a goal for the area (what we want it to look like, what do we want the character of the neighborhood to be) and then figure out the transportation needs for serving that goal. It was decided to "park" this idea and come back at a later date for discussion. PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 3 • • In Goals 9.1 and 9.3, there's not a lot of integration of residential,retail, and commercial uses (mixed use) and how housing integrates with economic development. Mays zee can nhasize/ up the language Can we carry the language in 10.1.v forward to the economic development section and blend the two? • Add the term business clusters to the economic development definitions. It was suggested drawing the definition from the State Economist's definition. Also, add a possible action measure to prioritize support for businesses identified as able to develop into regional clusters. The definition could include some examples. • Under 9.3.xv,it was suggested to modify the focus to monitoring emerging technology to ensure competitive priced access. Some Commissioners, on the other hand, do not believe the City should be involved in being the leader on this. • It was suggested to add an action measure to add an Economic Development Director for the City. • Goal 9.2 could use more details. • Under 9.2.1,it looks like we're giving land away. • Under 9.3, can we elevate action measure #v to a clearer policy statement? Staf will load at it Possibly it could he 0cpandai to irdude all transportation infrastructure etc, and nu*nvition Hwy 99W Maybe 9.1 would be a better place for it. Transportation can he included in both 9.1 and 9.3. • The definition for work force housing should be added to the Economic Development section. • 10.2.6 - maybe we could apply this to multi-family housing instead of single family. • 10.2.9 - the language seems strong and may be inconsistent with the other sections that we've had on this topic. Suggested language: The City shall require infill development to be designed to address compatibility with existing neighborhoods. Action measure #ii might give us the means by which it could be addressed. We may have to break it down to more action measures. • 10.2.10 - change the wording to: "home business occupations" or otherwise clarify that it pertains to home-based businesses. John Frewing offered the following comments: • He expressed concern about wording which could make one particular goal appear more important than another. The language should be comparable throughout the entire Comp Plan, so that all goals would be weighed and considered the same. For example, the strong language in 9.1.3 does not exist in the current Comp Plan. Using words like seek, balance, and coordinate efforts would be the right way to do it throughout. • Under 9.3.1, he would like to see the Tigard Triangle added to the list. • He would like to see map 3-3 in the Resource Document updated in the final document. 7. OTHER BUSINESS PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 4 • • S None 8. ADJOURNMENT The meeting adjourned at 8:57 p.m. Jerree wis,Planning Commission Secretary A LEST: President Jodie Inman L PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 5 "FOR COUNCIL NEWSR" (Sent on 08/28/2007) ill LAND USE PROPOSAL DESCRIPTION [TI GAID 120 DAYS =N/A FILE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 • FILE TITLE: LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT: ANNEXATION APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1. This amendment was directed by City Council in Resolution 07-13 on March 13,2007. It provides explicit language that annexation is required before property within its Urban Services Area, but outside the City.limits, • can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed amendments to the policy are specified on the attached form. LOCATION: Citywide (City of Tigard) ZONE: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. APPLICABLE Tigard Community Development Code Chapter 18.390, Type IV Procedure. REVIEW Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; CRITERIA: Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services)and 14 (Urbanization). COMMENTS SENT:August 30,2007 DUE: September 28,2007 DATE DLCD NOTICE WAS SENT: August 28, 2007 DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: October 15,2007 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DATE OF HEARING: . November 27, 2007 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® PROPOSED ORDINANCE/AMENDMENTS ❑ STAFF REPORT ® DLCD NOTICE • ❑ VICINITY MAP ❑ SU'E PLAN STAFF CONTACT: Ron Bunch, Long Range Planning Manager (503) 718.2427, Markus Mead, Long Range Planning Intern, (503) 718.2435 I:ILRPLNICOMPPLAMVolumell\CPA12007-000031Council MaterialsICPA2007-0003 Proposal Description.doc • 4111 PRE-APR FAD BY: • .'. CITY OF TIGARD PLANNING DIVISIONJ' : • . LAND USE PERMIT APPLICATION`': 0 • > . • City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR;797223' • 200?. TIGARD Phone: 503.639.4171 Fax 503.598.1960 , • IF • File#1 e,p4„9-6-07—00003 Other Case# "./_+un • Date W3 d 01 By 6-1-121,44.— Receipt# A iA Fee Pi 4 Date Complete . • • TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change(III) ® 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(H) ❑ Home Occupation(II) ❑ Subdivision(II or III) LOCATION\VI-IERE PROPOSED ACTIVITY WILL OCCUR(Address if available) 13125 SW Hall Boulevard -TAX MAPS&TAX LOT NOS. N/A TOTAL SITE SIZE ZONING CLASSIFICATION N/A N/A APPLICANT* City of Tigard MAILING ADDRESS/CITY/STATE/ZIP 13125 SW Hall Boulevard PHONE NO. FAX NO. 503.639.4171 503.598.1960 PRIMARY CONTACT PERSON PHONE NO. Ron Bunch, Markus Mead 503-718-2427, 503-718-2435 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) N/A ' MAILING ADDRESS/CITY/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) The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city Services. These changes also ensure that all policies in the comprehensive Plan are consistent with City/County Agreements. The proposed amendments to the policy are as follows: Policy 10.2.1 (Bold indicates new language and 1e-through indicates proposed deleted language) The City shall not approve the extension of City or Unified Sewerage Agency lines services except: a) Where applications for annexation for those properties have been approved by the City; or I\I.RPI.N\CYIMPPI.AN\Vnhimell\CPA0O07-0OOO1\Tioard 1.anri I Ice Review Materialc\CPA70f17-0(1003 1 and lice Permit • - - - . . - ; - . . . - - . - - - . . - c� b) In circumstances where applicable state or and county health agency agencies has have declared a potential or imminent health hazard. 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 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 Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date rv.RPI.nnrnMPPI.arnvc,Ii,n,PtnCPA\2nm-nnnn1\Tivarn I and Ike.Review Materialc\CPa9nm-1100(11 I.an1!Ice Permit • Land Use Review Narrative City of Tigard Annexation Policy , Comprehensive Plan Amendment TIGARD APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Ron Bunch, Markus Mead OWNER: N/A LOCATION: Citywide(City of Tigard) ZONING DESIGNATION: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. COMP PLAN: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10(Housing), 11 (Public Facilities and Services) and 14 (Urbanization). PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council in Resolution 07-13 on March 13, 2007. This Resolution explicitly requires annexation before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements.No development code amendment is included in this proposal. Land Use Review Narrative Final City of Tigard Annexation Policy PAGE 1 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007 BACKGROUND INFORMATION Project History During City Council's consideration of the City's annexation policy and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and providing public services required amendment. This amendment is necessary to make it unequivocally consistent with current City/County agreements and practices In addition the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency; non-remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within Tigard's Urban Services Area but outside the City limits can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed amendments to the policy are as follows: Policy 10.2.1 (Bold indicates new language and Strike indicates proposed deleted language) The City shall not approve the extension of City or Unified Sewerage Agency lints services except: a) Where applications for annexation for those properties have been ^ubmi ^a to the approved by the City; or b) Where a non remonstrance agreement to annex those properties has been signed and e b) In circumstances where applicable state or and county health agency agencies has have declared a potential or imminent health hazard. File: I:\LRPLN\COMPPLAN\VolumelI\CPA\2007-00003\Tigard Land Use Review Materials\CPA2007- 00003 LUR narrative 07.25.2007 final.doc Land Use Review Narrative Final City of Tigard Annexation Policy PAGE 2 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007 • • CITY OF- TIGARD' PRE-APPLICATION CONFERENCE;-. NOT ES� (Pre-Application Meetin Notes are Valid. for:Six-. 6 !lords) TIGARD PRE-APP.MTG.DATE: STAFF AT PRE-APP.: __- RESIDENTIAL APPLICANT: City of Tigard AGENT: Bunch, Mead Phone: 503.639.4171 Phone: 503.718.2427 PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: N/A TAX MAP(S)/LOT #(S): N/A NECESSARY APPLICATIONS: Land Use Review Type IV PROPOSAL DESCRIPTION: Amend Comprehensive Plan Policy 10.2.1 to state that annexation is required before property within its Urban Services Area, but outside City limits can receive city services. COMPREHENSIVE PLAN MAP DESIGNATION: N/A ZONING MAP DESIGNATION: N/A ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. 1 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: %. GARAGES: ft. ❑ 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 9 Residential Application/Planning Division Section • • • NARRATIVE (Refer to Code Chapter 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 AN 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 18.705 and 18.165) Minimum number of accesses: Minimum access width: Minimum pavement width: ❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18305) Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. ❑ RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.715)-SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas including: ➢ Land within the 100-year floodplain; ➢ Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-way dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8,712 sq. ft. (20%)for public right-of-way 6,534 sq. ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3,050 (minimum lot area) - 3,050 (minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre O The Development Code requires that the net site area exist for the next whole dwelling unit.NO ROUNDING UP IS PERMITTED. O Minimum Project Density is 80%of the maximum allowed density.TO DETERMINE THIS STANDARD, MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential Application/Planning Division Section El SPECIAL SETBACKS (Refer totde Section 18.7301 • ➢ STREETS: feet from the centerline of ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.: > ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. (See applicable zoning district for the primary structures'setback requirements.' ❑ FLAG LOT BUILDING HEIGHT PROVISIONS [Refer to Code Chapter 18.7301 MAXIMUM HEIGHT OF 1% STORIES or 25 feet, whichever is less in most zones; 21/2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. ❑ 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. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ❑ LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.105) 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. ❑ RECYCLING (Refer to Code Chapter 18.7551 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. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential Application/Planning Division Section El PARKING [Refer to Code Chapters .765 a 18.705) • ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. ➢ Single-family Requires: One (1) off-street parking space per dwelling unit; and One (1) space per unit less than 500 square feet. D. Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. 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. D Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ 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 [Refer to Code Section 18.765) 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. ❑ SENSITIVE LANDS [Refer to Code Chapter 18.775) 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 18.715.070.C) 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 07-20/USA Regulations-Chapter 3) 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: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section •TABLE 3.1 VEGETATED CORRIDOR WIDTH, SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION a ORDER 01-20 :-SLOPEADJACENT WIDTH`OF VEGETATED, SENSITIVE AREA DEFINITION 4 .' 2 TO„SENSITIVEAREA': . =` CORRIDOR•PER.SID�;_::';` : • Streams with intermittent flow draining: <25% I 10 to <50 acres 15 feet I >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% I 10 to <50 acres • 30 feet >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; Starting 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. 2Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3The 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. Restrictions in the Vegetate 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 USA 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 181801 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 18390.030.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. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 . Residential Application/Planning Division Section THE TREE PLAN SHALL IA/PUDE the following: • ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper. ➢ 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. n MITIGATION [Refer to Code Section 18.790.060.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 damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available 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: • 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. n 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. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section ❑ FUTURE STREET PLAN AND EXTE ON OF STREETS [Refer to Code Section 1.10.0301) A FUTURE STREET PLAN shall: ➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060) 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 11/4 times the minimum lot size of the applicable zoning district. ❑ BLOCKS [Refer to Code Section 18.810.0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. . CODE CHAPTERS. II 18.330(Conditional Use) II 18.620(Tigard Triangle Design Standards) II 18.760(Nonconforming Situations) II 18.340(Directors Interpretation) Li 18.630(Washington Square Regional Center) El 18.765(Off-Street Parking/Loading Requirements) II 18.350(Planned Development) II 18.640(Durham Quarry Design Standards) II 18.775(Sensitive Lands Review) II 18.360(Site Development Review) II 18.705(Access/Egress/Circulation) II 18.780(Signs) El 18.370(Variances/Adjustments) El 18.710(Accessory Residential Units) II 18.785(Temporary Use Permits) II 18.380(Zoning Map/Text Amendments) II 18.715(Density Computations) II 18.790(Tree Removal) I� I 18.385(Miscellaneous Permits) II 18.720(Design Compatibility Standards) II 18.795(Visual Clearance Areas) E 18.390(Decision Making Procedures/Impact Study) II 18.725(Environmental Performance Standards) II 18.798(Wireless Communication Facilities) II 18.410(Lot Line Adjustments) II 18.730(Exceptions To Development Standards) II 18.810(Street&Utility Improvement Standards) II 18.420(Land Partitions) El 18.740(Historic Overlay) II 18.430(Subdivisions) El 18.742(Home Occupation Permits) El 18.510(Residential Zoning Districts) II 18.745(Landscaping&Screening Standards) II 18.520(Commercial Zoning Districts) • II 18.750(Manufactured/Mobil Home Regulations) II 18.530(Industrial Zoning Districts) El 18.755(Mixed Solid Waste/Recycling Storage) • CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: • See attached pre-application conference meeting notes. PROCEDURE ❑ Administrative Staff Review. [� Public hearing before the Land Use Hearings Officer. ❑ Public hearing before the Planning Commission. 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 also 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 8 of 9 Residential Application/Planning Division Section The administrative decision 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 Land Use Board of Appeals 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. SUBDIVISION PLAT NAME RESERVATION [County Surveyors Office: 503-648-8884] PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. 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 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: Markus Mead CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4111 FAX: 503-684-1297 DIRECT: 503-718-2435 EMAIL Markus @tigard-or.gov TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.Ligard-or.gou H:\pattylmasters\Pre-App Notes Residential.doc Updated: 12-Feb-07 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section • ' • Pre-Application Notes for Comprehensive Plan Amendment To Require Annexation Before Property Within Its Urban Services Area, But Outside The City Limits, Can receive City Services. Long Range Planning Staff: Markus Mead, Ron Bunch Applicant: City of Tigard Agent: Markus Mead Type of Permit: Comprehensive Plan Amendment Property Location: Citywide Tax Map/Lot No.: N/A Proposal Description: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within Tigard's Urban Services Area but outside the City limits can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed amendments to the policy are as follows: Policy 10.2.1 (Bold indicates new language and Strike gh indicates proposed deleted language) The City shall not approve the extension of City or Unified Sewerage Agency lines services except: a) Where applications for annexation for those properties have been submitted-to the approved by the City; or b) Where a non remonstrance agreement to annex those properties has been signed e-) b) In circumstances where applicable state or and county health agency agencies has have declared a potential or imminent health hazard. Comp Plan Designation/Zoning: • The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. Neighborhood Meeting: A neighborhood meeting is not required for a legislative text change to the Comprehensive Plan or Development Code. Narrative: Applicable review criteria shall be addressed as part of the staff report. Pre-application Notes Final City of Tigard Annexation Policy PAGE 1 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007 • • . Submittal Information: • Land Use Application • Written Summary of Proposal • Mailing List • Pre Application Notes Required Hearings: Two hearings, one before the Planning Commission and one before the City Council, are required for this Type IV action. Because City Council has previously discussed this amendment at length, no workshop is needed. Review Criteria: Tigard Community Development Code Chapter 18.390, Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). Decision Timeline: Generally about 4 months from receipt of a complete application. The 120 day rule is not applicable to legislative changes. • Pre-application Conference Discussion Items: Applicable state, regional and local criteria. Planning Commission and City Council timeline and scheduling. Internal review coordination. Prepared by: LeAtar77 -eti Markus Mead Long Range Planning Intern • 07.19.2007 File:l:\LRPLN\COMPPLAN\V of umell\CPA\2007-00003\Pre-app_Materials\CPA2007-00003_Pre- app_Conference_Notes_07.25.2007_Final.doc Pre-application Notes Final City of Tigard Annexation Policy PAGE 2 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007 • • • PRE-APPLICATION III . .: ... CONFERENCE REQUEST • • City of Tigard Permit Center 13125 SW/Hall Blvd., Tigard, OR 97223 T I GARD Phone: 503.639.4171 Fax:503.598.1960 • GENERAL INFORMATION • Applicant:City of Tigard FOR STAFF USE ONLY • Address:13125 SW Hall Boulevard Phone: 503.639.4171 City:Tigard Zip:97223 Case No.: • Receipt No.: Contact Person:Ron Bunch,Markus Mead Phone: 503-718-2427,503- Application Accepted By: • 718-2435 • Date: Property Owner/Deed Holder(s):N/A DATE OF PRE-APP.:07.19.2007 TIME OF PRE-APP.: 10:00 AM Address: • Phone: PRE-APP.I-IELD WITH:Ron Bunch,Markus Mead _ City: Zip: Rev.7/1/07 Pre-App_Fo rm_Comp_Plan_Amend_07.02.2007_Final Property Address/Location(s): Citywide REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted without the required submittal elements) Tax Map&Tax Lot#(s):N/A ® Pre-Application Conf.Request Form • 5 COPIES EACH OF THE FOLLOWING: Zoning:N/A ® Brief Description of the Proposal and any Site Size:N/A site-specific questions/issues that you would like to have staff research prior to the meeting. PRE-APPLICATION CONFERENCE INFORMATION ❑ Site Plan. The site plan must show the All of the information identified on this form are required to be submitted by proposed lots and/or building layouts, drawn to scale. Also, show the location of the the applicant and received by the Planning Division a minimum of one(1)week subject property in relation to the nearest prior to officially scheduling a pre-application conference date/time to allow streets;and the locations of driveways on the staff ample time to prepare for the meeting. subject property and across the street. A pre-application conference can usually be scheduled within 1-2 weeks of the ❑ Vicinity Map. . Planning Division's receipt of the request for either Tuesday or Thursday ❑ The Proposed Uses. mornings. Pre-application conferences are one (1) hour long and are typically • held between the hours of 9:00-11:00 AM. ❑ Topographic Information. Include Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre Application Conference is for a PERSON AT THE COMMUNITY DEVELOPMENT COUNTER MONOPOLE project, the applicant must FROM 8:00-4:00/MONDAY-FRIDAY. attach a copy of the letter and proof in the IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE form of an affidavit of mailing, that the collocation protocol was completed (see PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Section 18.798.080 of the Tigard Community INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROAM Development Code). ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE • GROUP. ❑ Filing Fee$370.00 : • • • Pre-application Narrative City of Tigard Annexation Policy . . Comprehensive Plan Amendment TIGARD APPLICANT: City of Tigard 13125 SW Hall Boulevard • Tigard, OR 97223 Contact: Ron Bunch, Markus Mead OWNER: N/A LOCATION: Citywide(City of Tigard) ZONING DESIGNATION: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. COMP PLAN: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement: of policy to require property within the unincorporated urban services area to annex when city services are needed. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10(Housing), 11 (Public Facilities and Services) and 14 (Urbanization). PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council in Resolution 07-13 on March 13, 2007. This Resolution explicitly requires annexation before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements.No development code amendment is included in this proposal. Pre-application Narrative Final City of Tigard Annexation Policy PAGE 1 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007 • • +.._. BACKGROUND INFORMATION Project History During City Council's consideration of the City's annexation policy and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and providing public services required amendment. This is necessary to make it unequivocally consistent with current City/County agreements and practices. In addition the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency; non-remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within Tigard's Urban Services Area but outside the City limits can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed amendments to the policy are as follows: Policy 10.2.1 (Bold indicates new language and Strike through indicates proposed deleted language) The City shall not approve the extension of City or Unified Sewerage Agency lines services except: a) Where applications for annexation for those properties have been approved by the City; or e}b) In circumstances where applicable state or and county health agency agencies has have declared a potential or imminent health hazard. File: I:\LRPLN\COMPPLAN\V olumeIl\CPA\2007-00003\Pre-app_Materials\CPA2007-00003_Pre- app_narrative_07.25.2007_fmal.doc Pre-application Narrative Final City of Tigard Annexation Policy PAGE 2 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007 • • PRE-APPLICATION : CONFERENCE REQUEST City of Tigard Permit Center 13125 SW Hall Blvd, Tigard, OR 97223 TI GARD Phone: 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION . Applicant:City of Tigard FOR STAFF USE ONLY Address:13125 SW Hall Boulevard Phone: 503.639.4171 City:Tigard Zip:97223 Case No.: Receipt No.: . Contact Person:Ron Bunch,Markus Mead Phone: 503-718-2427,503- Application Accepted By: 718-2435 Date: Property Owner/Deed Holder(s):N/A DATE OF PRE-APP.:07.19.2007 TIME OF PRE-APP.: 10:00 AM Address: Phone: PRE-APP.HELD WITH:Ron Bunch,Markus Mead _ City: Zip: Rev.7/1/07 Pre-App_Form_Comp_Plan_Amend_07.02.2007_Final Property Address/Location(s): Citywide REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted without the required submittal elements) Tax Map&Tax Lot#(s):N/A ® Pre-Application Conf.Request Form 5 COPIES EACH OF THE FOLLOWING: Zoning:N/A ® Brief Description of the Proposal and any Site Size:N/A site-specific questions/issues that you would like to have staff research prior to the meeting. PRE-APPLICATION CONFERENCE INFORMATION ❑ Site Plan. The site plan must show the proposed lots and/or building layouts drawn All of the information identified on this form are required to be submitted by to scale. Also, show the location of the the applicant and received by the Planning Division a minimum of one(1)week subject property in relation to the nearest prior to officially scheduling a pre-application conference date/time to allow streets;and the locations of driveways on the staff ample time to prepare for the meeting. subject property and across the street. A pre-application conference can usually be scheduled within 1-2 weeks of the ❑ Vicinity Map. Planning Division's receipt of the request for either Tuesday or Thursday ❑ The Proposed Uses. mornings. Pre-application conferences are one (1) hour long and are typically held between the hours of 9:00-11:00 AM. ❑ Topographic Information. Include Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre Application Conference is for a PERSON AT THE COMMUNITY DEVELOPMENT COUNTER MONOPOLE project, the applicant must FROM 8:00-4:00/MONDAY-FRIDAY. attach a copy of the letter and proof in the form of an affidavit of mailing, that the IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE collocation protocol was completed (see PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Section 18.798.080 of the Tigard Community INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM Development Code). ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. ❑ Filing Fee$370.00 e w • • Pre-application Narrative City of Tigard Annexation Policy Comprehensive Plan Amendment TIGARD APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Ron Bunch, Markus Mead OWNER: N/A LOCATION: Citywide (City of Tigard) ZONING DESIGNATION: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. COMP PLAN: The proposal is a Comprehensive Plan Text amendment it is not applicable to a specific property or group of properties. It is a statement of policy to require property within the unincorporated urban services area to annex when city services are needed. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council in Resolution 07-13 on March 13, 2007. This Resolution explicitly requires annexation before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. No development code amendment is included in this proposal. Pre-application Narrative Final City of Tigard Annexation Policy PAGE 1 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007 • • •. BACKGROUND INFORMATION Project History During City Council's consideration of the City's annexation policy and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and providing public services required amendment. This is necessary to make it unequivocally consistent with current City/County agreements and practices. In addition the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency; non-remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within Tigard's Urban Services Area but outside the City limits can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed amendments to the policy are as follows: Policy 10.2.1 (Bold indicates new language and Strike through indicates proposed deleted language) The City shall not approve the extension of City : _ . . • . - • • services except: a) Where applications for annexation for those properties have been the approved by the City; or b) Where a non remonstrance agreement to annex those properties has been signed and e b) In circumstances where applicable state or and county health agency agencies hos have declared a potential or imminent health hazard. File: I:\LRPLN\COMPPLAN\V olumell\CPA\2007-00003\Pre-app_Materials\CPA2007-00003_Pre- app_narrative_07.25.2007_final.doc Pre-application Narrative Final City of Tigard Annexation Policy PAGE 2 OF 2 Comprehensive Plan Amendment CPA2007-00003 8/30/2007