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CPA2008-00006 0 III- • ..OF.� *e Oregon Department of Land Conservation and Develts)pttneizt) 1- t'R`�i t `0 635 Capitol � � Salem, OR 97301-2540 ,%:."T. Theodore R.Kulongoski.Governor ` `j'' (503) 373-0050 1: 5- Fax(503) 378-5518 www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT h October 24, 2008 AA TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM Mara Ulloa,Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 004-08 The Department of Land Conservation and Development(DLCD) received the attached notice of adoption. A copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: November 6, 2008 This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Gloria Gardiner,DLCD Urban Planning Specialist Meg Fernekees, DLCD Regional Representative Darren Wyss, City of Tigard <paa>ya r • U.S. Postal Service,M N CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come N C 1AL USE Postage Off r ru Certified Fee ® a �- `- '11 , ,,Postmark, p Return Receipt Fee Here)- (Endorsement Required) p`r t ( � f vim, Restricted Delivery Fee t ,- '' i t r1 (Endorsement Required) �. 1rftl -r•t, ^ Total Postage&Fees $ 1 V J t >40 v O 'Sent_rn- -- - - ATT ENTION:PLAN AMENDMENT SPECIALIST M1 -gfrii DEPARTMENT OF LAND CONSERVATION AND DEV. ;--• orF 635 CAPITOL STREET NE.,SUITE 150 City, 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 �g"�"0401111rp item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Receiv by(Printed e) C. Date of elivery • Attach this card to the back of the mailpiece, Y �� /� .�� or on the front if space permits. �/ ` D. Is delivery address different from item 1? ❑Yes ' 1. Article Addressed to: If YES,enter delivery address below: ❑No - ATI'ENnON:PLAN AMENDMENT.SPECIALIS DEPARTMENT OF LAND CONSERVATION AND DEV. , 635 CAPITOL STREET NE.,SUITE 150 SALEM,OREGON 97301-2540 3. Service Type pi Certified Mail ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number --, (rransfer'from service laben r 7006 0 810 0002 4 5 2 4 9747 j; PS Form 3811_,February 2004 Domestic Return Receipt 102595.02-M-1540 In person ❑ electronic❑ mailed ° DLCD ' R ;!W Notice of Adoption THIS FORM MUST BE MAILED TO DLCD A WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION 1t PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 •- For DL.CI:)Use Only Jurisdiction: City of Tigard Local file number: CPA2008-00006 Date of Adoption: 10/14/2008 Date Mailed: 10/16/2008 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 5/1/2008 ® 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". Amendment to the Tigard Comprehensive Plan Topic 10: Urbanization (Statewide Planning Goal 14) to update the goals, policies, and recommended action measures to reflect current community conditions and values. . Does-the Adoption differ from proposal? Yes, Please explain below: Changes are noted in the attached Ordinance. Plan Map Changed from: N/A to: Zone Map Changed from: N/A to: Location: Tigard City Limits Acres Involved: 7552 Specify Density: Previous: N/A New: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1-1 El ❑ ❑ ❑ El El n ❑ ❑ ® ❑ 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. r1_ Please list all affected State or Federal Agencies, Local Governments or Special Districts: Metro ODOT Local Contact: Darren Wyss Phone: (503) 718-2442 Extension: Address: 13125 SW Hall Blvd Fax Number: 503-718-2748 City: Tigard Zip: 97223- E-mail Address: darren @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. to 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. 1111/ 11) CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08- /3 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION ,4s 4,neN0Ev WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Topic 10 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 14; and WHEREAS, the Tigard Planning Commission held a public hearing on August 18, 2008; and WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance with City standards, on October 6, 2008, and recommended approval of the proposed CPA 2008- 00006 by motion and with unanimous vote; and WHEREAS, on October 14, 2008, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2008- 00006; and WHEREAS, on October 14, 2008, the Tigard City Council adopted CPA 2008-00006 by motion, as amended, pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2008-00006 is based on the findings and conclusions found in the City of Tigard staff report dated September 19, 2008, and the associated record, which are incorporated herein by reference and are contained in land-use file CPA 2008-00006. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in "EXHIBIT A"; and SECTION 2:. This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ) 2 -7 0 ORDINANCE No. 08- /5--h ► C7 i t A , Page 1 of 2 lb PASSED: By u n a V vote of all Council members present after being read by number and title only, this Ii-4113 day of C1.--f0129-it_ , 2008. Catherine Wheatley, City Recorder 4i APPROVED: By Tigard City Council this W day of , 2008. .0" Craig II• ksen, Mayor Approved as to form: AIP dolma - er Attorney ied to be a True Copy of Original on File A By: „ Deputy Recorder- City of TF6ard 7 L,Kate: ' 00 ( ORDINANCE No. 08- / Page.2 of 2 r •h • • r.a. C 1z.+,... f '{may r . ♦ t k•if • ( +�'' ; L T•r , { 1 +Jr „\,LL —. fi-i #. .1 ,,j t r i_ LF,�Gy.!�#�4.1 • ` 7.17 i ,- ~ v`R "L aa## Ar..1 l ? } t.,r. li o. C--'� •l ,_ 1 }} 4. I ter,;... r ",, f 1C . st- 4, r ,a 3''z. 3` Yr' (' i f :' i*�Sfer d-'1.A . r.— . iK ,`.a""`.."`.'`"" "' .. ).., <. fi.. .,. .... .. Urbanization `To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. " ,,, 11 11 ,, , ;, ;1 • • URBANIZATION ADOPTED AMENDMENTS DATE CPA# CHANGES 10/14/08 CPA2008-00006 Entire chapter updated by Ordinance 08-15 City of Tigard I Comprehensive Plan • • ' URBANIZATION • Asignificant challenge faced by.many ; communities is how to manage "As Tigard ; growth,particularly the transition from #"y_, rural to urban land uses, or redevelopment to moves into the more intense land uses. As Tigard moves into the future, the City must manage.growth for future, the City 7 ; the benefit of its citizens and businesses. The must manage City must ensure that growth decisions result 'r in high-quality development, protect natural growth for the . `. resources, provide services in a coordinated and logical manner, and are fiscally sound. benefit of its :;x"s . The thoughtful planning of growth will citizens and '' help to accommodate future population and r employment,while addressing the community's businesses." • desire for a high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coor- dinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. GOAL 14: URBANIZATION 'rm<. `To provide for an orderly and efficient transition from rural to',than land use. to accommodate urban population and urban employment inside urban growth boundaries. to ensure efficient urse of land, and to provide for linable. communities." One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Comprehensive Plan I City of Tigard 14-1 • • r URBANIZATION Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Alanagemen/Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted • in the mid-1990s as the Rcsional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Grow/h Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation,including accommodating Metro's 2040 Growth Concept. Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north,east,and south borders by the adjacent cities of Beaverton,Portland, Lake Oswego,Durham,Tualatin, and King City,while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part, reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts,and those located within Tigard such as parks,library, emergency police response,employment,and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorpo- rated urban level development are the primary issues facing the City's growth management decisions.There are few large,vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelop- ment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger,but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB.As required by Oregon Revised Statute 195;the City has also entered into the Tigard Urban Service Agreement with 14-2 City-of Tigard I Comprehensive Plan • • • • URBANIZATION • agencies/districts that provide services within =; Tigard Urban Services Area (TUSA). The agree- "Washington =_ ment outlines the role,provision, area, and planning/coordination responsibilities for service County is providers operating with the TUSA. The TUSA is important to the City,particularly the planning collaborating _,1• and coordinating with special districts, because with Metro it helps the City to ensure the best services are provided to its citizens. The Agreement was last jurisdictions updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, to identify • which coincides with the UPA. urban and The City put forward a plan to annex the unin- rural reserves 1., corporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents over- that will +. whelmingly passed the measure but residents in the area to he annexed soundly defeated it, thus dictate any leaving the status quo.Then in 2006 an incorpo needed ration effort took place to form the City of Bull Mountain and was again turned down by voters. future UGB =1':, The issue of unincorporated urban level develop- expansions. ons. i 3. ment gets more complex as Washington County • master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Until areas 63 and 64 can be included within a city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. Additionally,Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expan- sions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner.Any expansion of the Comprehensive Plan I City of Tigard 14-3 • • URBANIZATION City boundary must ensure that public facilities and services are adequate to • support the area and those benefiting from the services pay their fair share. KEY FINDINGS: • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated • Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources,existing development,and public services. GOAL: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. POLICIES: 14-4 City of Tigard I Comprehensive Plan • • • , URBANIZATION 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water • provision within the Tigard Water Service Area. .2. The City shall maintain, and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. 3. The City shall,as needed,coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services • Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expan- sion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the.Tigard Urban Service Area.to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; • C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict; and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. • RECOMMENDED ACTION MEASURES: i. Regularly review the Tigard Urban Services Agreement with. Washington County and amend it as necessary. Comprehensive Plan I City of Tigard 14-5 • • e URBANIZATION • ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincor- porated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City,County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. GOAL: • 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorpo- . rated properties. POLICIES: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. • 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 14-6 City of Tigard I Comprehensive Plan • • , l URBANIZATION 4. The City shall evaluate and may , «a� z4` ; r�C�� cricour(} t that parcels adjacent to D S� M Z v proposed annexations be inclui.c Co: € j � £ 14:1Z ensure F. A. avoid creating unincorporated Ala- x :1, ri^ s t 4t. apacztef {A1}�/�,.., ��� islands within the City; z-� s. r B. enable public services to be efh- '' ray, t 4 t '` C.,x � � �e,�as��, ear coax�� ,*• ciently and effectively extended to ' a= i {,r � xv ,�� 1gGL1l 4� the entire area; or be developed; r C. implement a concept plan or ' �o l on sub area master plan that has tO provide ,. / ; 3 1 l0! / 14/o5,3 .-�C-o been approved by the Planning y 1 >S�f eecled irbc n ". !eie--�-t v n Commission or City'Council. cE ,z ts7 [ �sC l�.w--(55-c d ; �lev+ 11�servze�es to 1 0._ 5. The City shall maintain its right:to y f ) ':34r f S '��netx�1cc �- 1 i d ( annex property-as allowed by state - an area when. °F i, /-,;.,, ,- vim , rr I sF, statute. ,c, �•, I. Wi t -tn-e x ;: sappy ttggv i 16. The City shall periodically update h s� and/or amend its Public Facility Plan sip a w ` : 7° • ,Cuth,Q .t n--Q to ensure the predictable and logical -�:` �h, ``�'1 fit :: ? _ : provision of urban services for areas i sraA. anticipated to be within the Tigard city limits. RECOMMENDED ACTION M.E ASURES: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unin- corporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident_ iii. Utilize and promote incentives,as appropriate, to encourage owners of unincorporated properties to annex to the City. Comprehensive Plan 1 City of Tigard 14-7 • • • r URBANIZATION • iv Develop criteria and procedures to encourage and,when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. GOAL: 14.3. Promote Tigard citizens' interests in urban growth boundary expansion and other regional and state growth management decision. POLICIES: 1. The City shall support regional and state growth management decisions, while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form,prevent future unincorporated urban development,and prevent urban sprawl. 3. The City shall maintain the low-density,residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. RECOMMENDED ACTION MEASURES: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state,Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban Growth Boundary. 14-8 City of Tigard I Comprehensive Plan f • URBANIZATION iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state.and regional growth management objectives. iv. Work with Washington County, its cities,Metro, and others to address: A. public service equity issues associated with unincorporated urban development; and B. prevent blight conditions associated with underserved urban development. v Take an active role in discussions relating to state and regional efforts to develop equitable ways to fund public infrastruc- ture needed to better provide for existing needs and support projected employment and population growth. • • • • Comprehensive Plan I City of Tigard 14-9 '' City of Tigard T I GARD Planning Commission — Agenda MEETING DATE: October 6, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m.— 4. APPROVE MINUTES 7:05 p.m. 5. PUBLIC HEARINGS 7:15 p.m.- 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00010/SENSITIVE LANDS REVIEW (SLR) 2008-00005 -TRI-COUNTY SHOPPING CENTER APPROVAL WETLAND AND STREAM CORRIDOR MAP AMENDMENT- REQUEST: The Director requests a Comprehensive Plan Map Amendment to correct the City's Significant Wetlands and Stream Corridors Map in the vicinity of SW Dartmouth and Hwy 217. The Tigard City Council approved the Tri-County Shopping Center proposal (Comprehensive Plan Amendment (CPA) 98-0002/Site Development Review (SDR) 98-0002/Planned Development Review (PDR) 98- 0001/Sensitive Lands Review (SLR) 98-0002/Lot Line Adjustment (MIS) 98-0004), which approved a Comprehensive Plan Amendment to the Water Resources Overly District,including fill and mitigation of a approximately 1.41 acres of existing wetlands on the property, and other development. The resource maps were not revised as indicated in the findings for the decision. Meanwhile, Army Corps of Engineers and Department of State Lands permits were obtained and grading, filling and mitigation occurred even though the remainder of the development was not built. The Significant Habitat Areas map, based on the wetland inventory, is also in error and needs revised accordingly.- Although Council's approval of CPA98-00002 legally amended the City's Significant Wetlands Map, the Director's application is to formally correct the error in mapping. LOCATION: The property is located south of SW Dartmouth Street and west of SW 72°d Avenue in the Tigard Triangle; Washington County Tax Assessor's Maps 2S101BA, Tax Lot 101 and 1S136CD,Tax Lot 4200. ZONE/COMPREHENSIVE PLAN DESIGNATION: C-G (PD): General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are PLANNING COMMISSION AGENDA- OCTOBER 6, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 • limited to single-family residences which are located on the same site as a permitted use; a wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. The planned development designation is an overlay zone applicable to all zones. In the case of the subject property, the Council applied the provisions of this chapter as a condition of approving any application for development. APPLICABLE REVIEW CRITERIA: City of Tigard Community Development Code Chapters 18.380, 18.390 and 18.775; City of Tigard Comprehensive Plan Policies 1, 2 and 3; Statewide Planning Goals 1, 2 and 5; and Metro Functional Plan, Title 3. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 Tigard Comprehensive Plan Update of Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11;and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. 6. OTHER BUSINESS 9:OO p.m. 7. ADJOURNMENT 9:15 p.m. PLANNING COMMISSION AGENDA— OCTOBER 6, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 • zri�i, k , F /f eA Tigard Planning Commission '; ; `RIP) Agenda Item # Page \ of ` Date of Healing `o-- fo-0% Case Number(s) 2O© - 0000(� Case Name ' . Pla.r. -eve_ c • 4<<-v.n∎nrt ' ea. I r °Z�`��N Location If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: S • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 6, 2008 1. CALL TO ORDER President Jodie Inman called the meeting to order at 7:05 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 (arrived late), Doherty, Fishel, Muldoon, Vermilyea, and Walsh Commissioners Absent: Commissioner Hasman Staff Present: Dick Bewersdorff,Planning Manager; Gary Pagenstecher,Associate Planner; Ron Bunch,Assistant Community Development Director; Darren Wyss, Senior Planner; Doreen Laughlin,Administrative Specialist II 3. COMMUNICATIONS - None 4. APPROVE MEETING MINUTES There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon, to approve the September 15, 2008 minutes as submitted. The motion carried as follows: AYES: Anderson, Doherty, Inman, Muldoon, Vermilyea, and Walsh NAYS: None ABS 1'ENTIONS: Fishel EXCUSED: Hasman, Caffall 5. PUBLIC HEARINGS • 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00010/SENSITIVE LANDS REVIEW (SLR)2008-00005 -TRI-COUNTY SHOPPING CENTER APPROVAL WETLAND AND STREAM CORRIDOR MAP AMENDMENT- REQUEST: The Director requests a Comprehensive Plan Map Amendment to correct the City's Significant Wetlands and Stream Corridors Map in the vicinity of SW Dartmouth and Hwy 217. The Tigard City Council approved the Tri-County Shopping Center proposal (Comprehensive Plan PLANNING COMMISSION MEETING MINUTES—October 6,2008—Page 1 of 7 I:\LRPLN\Doreen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc i Amendment (CPA) 98-0002/Site Development Review (SDR) 98-0002/Planned Development Review (PDR) 98-0001/Sensitive Lands Review (SLR) 98-0002/Lot Line Adjustment (MIS) 98- 0004), which approved a Comprehensive Plan Amendment to the Water Resources Overly District, including fill and mitigation of a approximately 1.41 acres of existing wetlands on the property, and other development. The resource maps were not revised as indicated in the findings for the decision. Meanwhile, Army Corps of Engineers and Department of State Lands permits were obtained and grading, filling and mitigation occurred even though the remainder of the development was not built. The Significant Habitat Areas map, based on the wetland inventory, is also in error and needs revised accordingly. Although Council's approval of CPA98-00002 legally amended the City's Significant Wetlands Map, the Director's application is to formally correct the error in mapping. LOCATION: The property is located south of SW Dartmouth Street and west of SW 72nd Avenue in the Tigard Triangle; Washington County Tax Assessor's Maps 2S101BA, Tax Lot 101 and 1S136CD, Tax Lot 4200. ZONE/COMPREHENSIVE PLAN DESIGNATION: C- G (PD): General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use; a wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. The planned development designation is an overlay zone applicable to all zones. In the case of the subject property, the Council applied the provisions of this chapter as a condition of approving any application for development. APPLICABLE REVIEW CRITERIA: City of Tigard Community Development Code Chapters 18.380, 18.390 and 18.775; City of Tigard Comprehensive Plan Policies 1, 2 and 3;Statewide Planning Goals 1,2 and 5; and Metro Functional Plan,Title 3. PUBLIC HEARING OPENED Commission President,Jodie Inman, opened up the Public Hearing by reading the required statements for Quasi Judicial Hearings. [Commissioner Caffall arrived late.] She asked if any Commissioner wished to abstain, or declare a conflict of interest. There were none. She asked if anyone wished to challenge any member of the Planning Commission for bias or conflict of interest. No challenges. She asked for Commission members to report any ex parte contacts or site visitations. Commissioner Muldoon reported a site visit. Lastly, she asked if anyone in the audience wished to challenge the jurisdiction of the Commission. There were no challenges. At this point,Associate Planner, Gary Pagenstecher, gave the staff report on behalf of the City. He explained that the Community Development Director,Tom Coffee, requested a Comprehensive Plan Map amendment to correct the City's Wetlands and Stream Corridors Map and Significant Habitat Areas map (Attachment 1). He noted that 10 years ago the Tri- County Shopping Center had been approved, as well as the removal of the subject wetlands. He said the final order required that staff make amendments to the map accordingly. Those amendments were not made at the time, so staff was present today to make the amendments PLANNING COMMISSION MEETING MINUTES—October 6,2008—Page 2 of 7 I:\LRPLN\Doreen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc S in a public manner along the same type of review process. He said this decision would basically be "housekeeping" in nature and,in a transparent manner, for public comment. He noted no public comment was received on the application—two agencies commented— Clean Water Services and Metro. Neither took issue with this mapping revision. Commissioners questions of staff(staff answers are in italics): To clarify—So all actions that were approved in the past were taken with regard to this but the maps were simply not brought up to date at that time? That's right, they got approval for wetlands fill, and they also required new mitigation. The applicant followed through with those actions. They didn't build the development they were approved for. Does that answeryour question? Yes —and then the last part of the question—the housekeeping item—the maps should have been updated at that time? That simply just did not occur? That's right—it just did not occur. It was a finding in the decision, and it just didn't happen. So I'm curious —why does it have to come back to a public hearing if it had been approved in the past? I don't think it had to. I don't think this was necessary, but it was a decision by managers to run a transparent process for issues and sensitive lands that are important to citizens, and just to be sure that they have an opportunity to comment. So it's simply—the maps are going to be updated—no other action to be taken, or will be taken, as a result of this decision? That's right. It appears prior owners did not monitor thru the state. Is that monitoring now being continued or being begun again? Yes it is. PUBLIC TESTIMONY President Inman noted that no one had signed up either "for" or "against." She asked if anyone in the audience would like to speak. John Frewing, 7110 SW Lola Lane, Tigard, spoke for information sake. [Neither for, nor against.] He noted that the original decision was acted on in 18 months. He wondered whether they shouldn't have to come back since this has been 10 years, and regulations change. On the surface he said,it looks like they should be coming back. It was pointed out that the original decision was acted upon within 18 months. They didn't build, so they lost the opportunity to build there, but they would have to come in today for an application to build under today's regulations. It was also pointed out that they were there to talk about the map amendment alone. The original decision was acted on in 18 months. The CPA is related to the original decision; however, the SLR is relative to current standards. PUBLIC HEARING CLOSED DELIBERATION No deliberations. PLANNING COMMISSION MEETING MINUTES—October 6,2008—Page 3 of 7 I:\LRPLN\Doreen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc • • MOTION Commissioner Vermilyea made the following motion: "Madam Chair, I move for approval of Comprehensive Plan Amendment CPA2008-00010/Sensitive Lands Review SLR2008- 00005 for the Tri-County Shopping Center Approval Wetland and Stream Corridor Map Amendment as submitted by staff— and I recommend approval to City Council." Commissioner Muldoon seconded the motion. There was a vote and the motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Inman, Muldoon, Vermilyea &Walsh NAYS: None ABSl'ENTIONS: None EXCUSED: Hasman 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 Tigard Comprehensive Plan Update of Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals,policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390;Comprehensive Plan Chapters Citizen Involvement;Land Use Planning;Parks,Recreation, Trails,and Open Space;Public Facilities and Services;Transportation;and Urbanization;Metro Functional Plan Title 11;and Statewide Planning Goals 1,2,8, 11, 12,and 14. PUBLIC HEARING OPENED Commission President,Jodie Inman, opened up the Public Hearing. At this point Senior Planner, Darren Wyss, gave the staff report on behalf of the City. He stated the Comprehensive Plan Amendment before the Planning Commission at this time would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. He noted the Planning Commission had already reviewed this amendment during its Aug 18`" public hearing. He said, because the newspaper failed to print the Ad the City sent them, advertising that public hearing, another hearing needed to be held, and the Ad was resent to the newspaper to comply with the City's citizen involvement program. The new Ad was published in the September 18th edition of The Times. As a reminder -The proposed amendment went thru a review process that included two Policy Interest Team meetings hosted by the PC before the public hearing in August. Since that public hearing, the City Council also held a workshop on the amendment. At that time, staff did not realize the newspaper Ad had not been published, and the City Council asked for some clarity on a few of PLANNING COMMISSION MEETING MINUTES—October 6,2008—Page 4 of 7 I:\LRPLN\Doreen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc i i the policies. They asked for clarity between Goal 14.1,Policy 1, and Goal 14.3,Policy 4,both of these were dealing with provision of services outside of City limits. After the conversation and speaking with the City Attorney, Staff worked with the City Attorney to develop new language and the decision was made to eliminate Goal 14.3, Policy 4 and add additional language to Goal 14.1, Policy 1. The changes are as follows: Goal 14.1 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. Goal 14.3 1. The City shall only provide municipal services within it3 city limits,in the absence of a Signed intergovernmental agreement. The Council also asked for the language in Goal 14.2,Policy 3 to be changed from"require" to "encourage," as they felt it was too strong. The Commission also raised this issue during a workshop, and asked whether this was within the City's legal right. The City Attorney suggested changing the language from "require" to "encourage," and by adding an additional policy to ensure the possibility of requiring annexation in the future, the intent of the language could be maintained. This new policy is now Goal 14.2,Policy 5. Goal 14.2 3. The City shall evaluate and may require encourage that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall maintain its right to annex property as allowed by state statute. Staff feels the changes suggested by the City attorney provide better clarity without changing the intent of the language contained in the amendment.Additionally, the City Attorney reviewed the staff report findings and found them adequate. Staff has found the language included in the amendment complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. Therefore, staff recommends adopting language found in Exhibit A. PLANNING COMMISSION MEETING MINUTES—October 6,2008—Page 5 of 7 1:\LRPLN\Doreen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc • • At this point, President Inman noted that there was no one from the public to testify either for or against the Amendment. She opened up the meeting for questions from the Commissioners. Commissioner Vermilyea asked— "Can you explain what the rationale is for adding No. 5,in light of the fact that we were silent on this issue? If I understand the law correctly,we would still maintain whatever rights with respect to annexation are given to the City. I think it's redundant to include it. We either have the right or we don't. If we have it,we can exercise it so I don't know why we would have to say in the Comp Plan that we're going to maintain a right that is given to us from an external source. Can you shed some light on how that discussion went—where that suggestion came from?" Wyss answered: That suggestion had its basis in the wanting to change "require"to "encourage"in the previous policy that you're referring to. The sticking point is in goal 14.1,policy 3, `The City shall evaluate and may encourage that parcels adjacent to proposed annexations be included to:A. avoid creating unincorporated islands within the City — (which is within our right today)B. enable public services to be efficiently and effectively extended to an entire area, or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. I believe they were uncomfortable with points B e.7 C so they want to change it to encourage as opposed to "require"and then the City Attorney made the suggestion that, if in the future we wanted to require something to implement a concept plan, that if we added Policy 5 `The City shall maintain its right to annex property as allowed by state statute." Ron Bunch added `The City Attorney, in recommending this, said that the City does not want to abrogate any rights that it may choose to exercise in this regard" So the state law may, or may not, change over time but the City may choose to exercise rights(or may not to)— but it needs to firmly establish those rights within the Plan. Commissioner Vermilyea said he respectfully disagrees with the City Attorney's opinion on that issue and respectfully disagrees with Council's determination to change the language. He suggested the Planning Commission change it back. He said "If they want to make that ultimate change in the decision that they make when they make the final decision—that's fine—but it sure seems to me that this really waters down what we've talked about in our meetings. I don't agree that the word "require" is as strong as they apparently think it is, because it says "may require" —it doesn't say "shall require" so the word "may" leaves a lot of discretion there. I think that I could go either way on No. 5 but I think it's just surplus verbiage. My suggestion would be that we reject both of those suggested changes." They discussed this idea at length. PUBLIC HEARING CLOSED DELIBERATION After deliberating, the consensus was the word "encourage" should be changed back to "require" in Goal 14.2.3 but that the additional No. 5 "The City shall maintain its right to annex property as allowed by state statute," be left in. At this point, a motion was made. PLANNING COMMISSION MEETING MINUTES—October 6,2008—Page 6 of 7 I:\LRPLN\Doreen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc S MOTION Commissioner Vermilyea made the following motion: "I move that the Planning Commission approve CPA2008-00006, as revised and recommended by staff, with the following change - delete the word "encourage" and reinsert the word "require" at Goal 14.2 policy 3, and to recommend approval, as amended, to Council." Commissioner Caffall seconded the motion. There was a vote and the motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Inman, Muldoon, &Vermilyea NAYS: None ABSTENTIONS: Walsh EXCUSED: Hasman 6. OTHER BUSINESS Commissioner Walsh said there was good news - he informed the Commission that the Planned Development "White Oak" has a "heritage tree" approved. Assistant Community Development Director, Ron Bunch, talked about the upcoming October 21 joint meeting the Planning Commission will be having with City Council. Bunch referred to a sheet he passed out regarding Planning Commission Goals as of 2/19/08. They discussed what topics they'd like to discuss with Council. 7. ADJOURNMENT President Inman adjourned the meeting at 8:25 p.m. Doreen Laughlin,Administrative Specialist II ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—October 6,2008—Page 7 of 7 I:\LRPLN\Doreen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc ' i✓i,'j�, r '�''�iVf MEMORANDUM TIGARD TO: Planning Commission FROM: Darren Wyss, Senior Planner RE: CPA2008-00006 Public Hearing DATE: September 19, 2008 On Monday, October 6th, the Planning Commission will hold a second public hearing on the comprehensive plan amendment (CPA2008-00006) to update goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. The Planning Commission previously held a public hearing on August 18th and made a recommendation to Council. However, the notice for this hearing failed to be printed in the newspaper. In order to comply with the City's notification requirements, the notice was resent to the newspaper, printed in the September 18th edition, and the Commission will hold an additional hearing to take public testimony. Since the Commission last reviewed the language contained in CPA2008-00006, the City Council has held a workshop on the amendment. The Council felt the intent of Goal 14.1, Policy 1 and Goal 14.3, Policy 4 needed to be better clarified. The Commission, at its workshops and hearing, also debated this language and in the end went with the staff recommendation.The language is based on the City currently providing water outside the city limits, but wanting to prohibit the provision of all other services outside of the city limits. Council requested the language be reworked for better clarity. Staff worked with the City Attorney to develop new language and the decision was made to eliminate Goal 14.3, Policy 4 and add additional language to Goal 14.1, Policy 1. The changes are as follows: Goal 14.1 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. Goal 14.3 only provide municipal services within its city limits,in the absence of a aigned intergovernmental agreement. 1 I $ The Council also asked for the language in Goal 14.2, Policy 3 to be changed from require to encourage as they felt it was too strong. The Commission also raised this issue during a workshop and asked whether this was within the City's legal right. The City Attorney suggested changing the language from require to encourage and by adding an additional policy to ensure the possibility of requiring annexation in the future, the intent of the language could be maintained. This new policy is now Goal 14.2, Policy 5. Goal 14.2 3. The City shall evaluate and may require encourage that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall maintain its right to annex property as allowed by state statute. Staff feels the changes suggested by the City Attorney provide better clarity and do not change the intent of the language originally recommended by the Commission. Please review the language and if you have any questions or concerns, feel free to contact me at darren @tigard-or.gov or 503- 718-2442. See you on Monday the 6th. 2 ID' • Agenda Item: 5_2 Hearing Date: October 6,2008 Time: 7:00 PM STAFF REPORT THE , rt _ ' :PLANNING;•COMMISSION a r°t ,i °° ~ Y t£' c .. _ _ {•,.;i }.'i.'. •T.•-"y:`,` ,�kx`; :`; fj•.y r:. .S'�''f''-�t�1.".ir•:": ' k... '.i... .,Z:. -"..•`. •:=rS:�h°•'-h;_;,,..�' ':4;;F..'.��; cS' f1.'g ,: F<�.;.":n•- FORTHE CITY OFTIGARD; OREGON;N _ .:, R�, Y'...:.f.:-' ;%3.• i':-�: - •tx.� sr.; :.r.:�f'.ro .4:! �t:•. _.}i-s ,N .r � .� �'I'IOA�D•.• ..S''. .. !:t�I.Y. _ . '�^ 'T... .. •���i:�,i.r'•.:�..1 nA.7:'rel .�Si.t..�. . n .. 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00006 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement Land Use Planning;Parks,Recreation,Trails, and Open Space;Public Facilities and Services;Transportation;and Urbanization; Metro Functional Plan Title 11;and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. SECTION II. STAFF RECOMMENDATION • Staff recommends that the-Planriinp Comini§sioii finds this request•to meet the necessary approval._ - ,�r�1,;..;":•�.°: 1I 'mfr..., ,.,r L,.., .� s..; .. - .-. b;.. .K.�._S• ..y�� ^ -' 2t: t• �•r'r 1 � fi�,. -.�..... <• - },.;� •a.ciiteria.Therefore staff recommeii s ' i.._ �' °, ds�that t1ie�Plannug,Coirimtsslon RECOMIVIENDSto the;;.:= -<._�` i �.c.,, '3:..,, ioJ.46." '1 . ,JNs_'. >.�� �= ice; .!" ._..- . r•- •;•-Tigard<Cify,Council drat it amends the:T�'Q��d Corrisrve.P1an'as d'e`terinuied tlirbugh:the.-public -;�. - - 't{?i -,r;+;'~:;• .rr`,fJ G.x»{S �1: -'.Fe.Y_;,f. _ ��^.�_'=' - `�;� >,hearm `roce'ss..,<- �:>.?. - .�;=r . � �=;�. STAFF REPORT TO THE PLANNING COMMISSION - CPA 2008-00006.STATEWIDE PLANNING GOAL 14 PAGE 1 OF 17 • • • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason,it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the.past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams moved at their own pace, Staff brought a series of Comprehensive Plan Amendments (CPA) through the legislative process over the past year. Each CPA corresponded to a Statewide Planning Goal that is applicable to Tigard. The CPA strikes the appropriate language from the existing plan and replaces the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Urbanization (Goal 14). The Planning Commission held a joint meeting with the City Council to discuss current issues related to Urbanization. The Commission then acted as host to two Policy Interest Team meetings where they worked with citizens to discuss and formulate the draft goals, policies, and recommended action measures. The Planning Commission and citizens were comfortable with the language and found consensus to bring the language to public hearing for recommendation at this point. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 2 OF 17 • • Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is part of a series of amendments that has updated the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 14 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's land use planning program. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use.To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 3 OF 17 • • The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Citizen Involvement o Land Use Planning o Parks, Recreation,Trails, and Open Space o Public Facilities and Services o Transportation o Urbanization • Applicable Metro Standards o Tide 11 • Statewide Planning Goals o Goals 1,2, 8, 11, 12,and 14. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Le•islative Amendments to the Title and Map A. Legislative amen. Is ents. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure,Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 4 OF 17 • . Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 5 OF 17 • • Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goa11.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to• pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 6 OF 17 • commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: This policy is satisfied through the clear direction given by all goals and policies included in the proposed amendment. The City's position on the annexation of property,its support of regional and state growth management decisions,its plan to accommodate more intense urban land uses in Metro designated centers/corridors, and the proper planning and delivery of public services is clearly stated throughout the language.All of the aforementioned subjects are a vital part of the City's land use program. The goals and policies, specifically Goal 14.1,policies 2, 3, and 5 and Goal 14.2, policies 3 and 6, also show compliance with Statewide Planning Goal 2 that requires planning coordination and Oregon Revised Statute 195 that requires urban service coordination. Goal 14.3 and its associated policies address serving the interests of the citizens of Tigard. • Policy 3. The City shall coordinate the adoption, amendment,and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. This policy is satisfied. Policy 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. Findings: The language included in the proposed amendment, specifically Goal 14.3,Policy 3, is consistent with this policy. The proposed policy states the City's position to accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with the Metro Framework Plan. This policy is satisfied. Policy 13. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected to be within the City limits during the planning period. Findings:The language included in the proposed amendment, specifically Goal 14.2,Policy 6,is consistent with this policy. The proposed policy states the City's position to periodically update STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 7 OF 17 • • and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. This policy is satisfied. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan relative to Statewide Land Use Planning Goal 14: Urbanization. The primary intent of the update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 8: Parks, Recreation,Trails, and Open Space Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents, including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policy 11. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize funding and facility resources, and improve park and recreational opportunities. Findings: The language included in the proposed amendment,specifically Goal 14.1, Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. This policy is satisfied. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the stormwater system. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 8 OF 17 • Policy 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 6,is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental-agreements promote collaboration in the planning, operation, and maintenance of the wastewater system. This policy is satisfied. - Policy 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1,is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policy 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 6,is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan is required by Statewide Planning Goal 11 (OAR 660-015) and describes the facilities and funding needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. Findings:The language included in the proposed amendment, specifically Goal 14.1, Policy 3,is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies and districts to plan and locate facilities in the best interest of all, and to ensure the proper infrastructure exists to support the facilities. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 9 OF 17 • Topic 8: Transportation (Original Comprehensive Plan format) Policy 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. Findings: The language included in the proposed amendment, specifically Goal 14.2,Policy 6, is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding, including transportation, needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 8.2.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE,REGIONAL AND LOCAL JURISDICTIONS. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 3,is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies in the planning process for the region's multi-modal transportation system. This policy is satisfied. Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. * Most intense use allowed by the conditions of approval,the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. STAFF REPORT TO THE PLANNING COMMISSION • CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 10 OF 17 • • c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF UNINCORPORATED TERRITORY; OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION,THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING DESIGNATION. (Rev. Ord. 84-21) Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA)LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY;OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY;OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. Policy 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS,THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS;OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING ORDINANCES: a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. Policy 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 11 OF 17 • URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. Policy 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING AREA IN A MANNER WHICH WOULD RESULT IN AN IRREGULAR PLANNING AREA AND INEFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES. Findings: Current Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2 will be deleted and replaced in their entirety by proposed amendment Goal 14.1, 14.2, and 14.3 and the associated Policies (see Exhibit A). Updating the goals and policies is consistent with the post acknowledgement plan amendment procedures as outlined in Oregon Revised Statute 197.610-625 and Oregon Administrative Rule 660 Division 18. This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 14 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, and reviewed by affected agencies,including the Oregon Department of Land Conservation and Development. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 11: Planning for New Urban Areas - require and guide planning for conversion from rural to urban use of areas brought into the UGB. It is the intent of Title 11 that development of areas brought into the UGB implements the Regional Framework Plan and 2040 Growth Concept. Findings: The City is committed to implementing the Metro Urban Growth Functional Plan. The proposed amendment confirms this commitment through the goals and policies contained'within, particularly Goal 14.3, Policies 1, 2, and 3. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept. Title 11 is satisfied. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 12 OF 17 • Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team (hosted by the Planning Commission), and submitting written comments via the website. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 -Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV. procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 8-Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and,where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 5,is consistent with Goal 8. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. These measures endeavor to satisfy the needs of all citizens and visitors. This goal is met. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 13 OF 17 • . Findings: Goal 11 (OAR 660-015) requires cities with a population greater than 2500 persons to develop and adopt a public facility plan. The City is in compliance as it adopted the Tigard Public Facility Plan in 1991 as part of periodic review of the comprehensive plan. Oregon Revised Statute 195 also requires units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2500 persons to enter into urban services agreements. The City is in compliance as the Tigard Urban Services Agreement was signed in July 2006. The proposed amendment, specifically Goal 14.1, policies 2 and 5, directs the City to maintain agreements with Washington County and service districts to define provision roles, to coordinate plans and programs, and to maintain consistency with the adopted public facility plan. Goal 14.2, policy 6, further directs the City to periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Based on the City's current compliance and its commitment to continue compliance with Goal 11, the goal is met. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 6,is consistent with this goal. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding needed, including transportation, to support the land uses and densities designated in the Comprehensive Plan. Goal 12 is met. Statewide Planning Goal 14: Urbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: Goal 14 requires the establishment of urban growth boundaries (UGB) and outlines the parameters for amending the boundary. UGBs control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Amendments to the UGB must be adopted by all cities in the Metro region, including the City of Tigard. The Metro UGB is currently in compliance with Goal 14, as are the City's comprehensive plan policies. The City is committed to continued compliance with Goal 14. The proposed amendment confirms this commitment through the all goals and policies contained within. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept and Metro Functional Plan Title 11. The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 14 OF 17 • • CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Current Planning Division, Administrative Department, and Police Department has had an opportunity to review this proposal and have no objections. The City of Tigard's Public Works Department had an opportunity to review this proposal and had the following comments. Goal 14.1, Policy 1 is not consistent with the Tigard Water District/City of Tigard IGA. Findings: This policy states the City will not approve the extension of City services without annexation approval. As the City currently provides water outside of its boundaries through intergovernmental agreements with Durham,King City, and the Tigard Water District, additional language was added to explicitly state the current circumstances. The addition of the language also addresses the deletion of Policy 4,under Goal 14.3. The City Attorney reviewed the language change and advises the policy is now consistent with the City's current water provision and does not create conflict with the.existing intergovernmental agreements. Staff recommends the Planning Commission accept the changes. Goal 14.3, Policy 4 is not consistent with our current IGA with the Tigard Water District. Findings: This policy was removed based on the Public Works comment. The policy language was incorporated into Goal 14.1, Policy 1 as outlined above. The City Attorney reviewed the deletion and advises the language is now consistent with the City's existing intergovernmental agreements. Staff recommends the Planning Commission accept the deletion. CONCLUSION: Based on comments from City staff, and the changes made based on the advice of the City Attorney, staff finds the proposed amendment does not interfere with current service provision or the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1, District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Water District STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 15 OF 17 • • Tualatin Valley Fire & Rescue Tri-Met Transit District The City of Lake Oswego and the City of Tualatin had an opportunity to review this proposal and have no objections. Clean Water Services had an opportunity to review this proposal and had the following comments (Exhibit B): We recommend following any and all relevant provisions of the current Intergovernmental Agreement between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available online) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. Findings: The Clean Water Services Design and Construction Standards implement Metro's Title 3 requirements through a jurisdiction's development code. The City of Tigard has adopted the Standards into the Tigard Community Development Code. Policy language is included in the Tigard Comprehensive Plan under Goals 6 and 11 that direct the City to comply with all state and regional standards,which includes the Clean Water Services standards. Therefore, staff recommends not including any further language in this proposed amendment. CONCLUSION: Based on responses from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 16 OF 17 • • September 19, 2008 PREPARED BY: Darren Wyss DATE Senior Planner 1 4, J A • /i.IM1 •.Kc_ September 19, 2008 APPROVED BY: Ron:unc DATE Assistant Community Development Director • STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 17 OF 17 • • . r 3.;71Ftr ,� 41 ;��� r�y .'��. �Y.t�� �� a',�� ,7,4,,,,,,,,,,,.-. .'t r.� �c�r Est • �..4.btr Ldr '. ��,++� Mi : Air;!* Yz M1r.jt :. 'Y '-�(' '�w'r '•�' i tf t•� Y' .M.,�. ":✓' i..A r;K,d�ya�t"„Let'.+ "•- -,,1+`'i".- l: �x t < Srr, -.i T�+ 2 S'»f4ifi'� g '�i' `Sj: f1+►`sLSS�. iy 4 F -�t e,�t'�' .• 1 yrrtvr*,I ' t•„�'y . ' P• ,,`i' ;? 4-•'P*It � 11 t1-4.4,•a" _ •. ;7,1:7 ll .A.. *•.. - ''"elia2r./ ..�.a�`fYR� µ, cwt t ,'4' "4,,-.7%, t f^{'{+r' t�`'"yr?cki ..r r e� • �a, vt' f � �'3 ....rte d� �.J2¢;" > 'ffl -+' yZ"" � �`tldtt3 �t«� . �. ._,ac r ? F k + tip a rfy ' 1. t F 11 r - a 1- t d .�7 a -, �, t*' } qty ,I• ... , T �iy s s� .' t =.•-•-•ri .'1R"4f. f ttet Y t gfit`" 1 '' �+^ 6 'Vi i•iS 1, M fir` }.t I .,,S+Y�* u' { ••Y '.r�r-�(�}al i I ,.f •.iy�' �q�cL�' i � +! Jo')' ;ru�1 ,'t,• .1. } ...1, . , .1.t41' r ry .f r, I Fe I. ;Fi '' 't: �, ,;;, j� 7 R _ j,1 Y 1j i,.1 J Y. . ... Fly '�` �' . • tK n -- -II c• _a'3. .1a-ii■te;',:r '•;•ili ��r {•,� ~ • ; j,� �� y S �',y y�•�'� J ��a~tszs,t ,� 1, � T �.�it S t '' i ° �4 4. , ,* 1d *`4C '. . 4 ri ■(► • , ! c+ tip., - a n..t " r• :, :°t.- 'r,+x . Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure effici ient ent use of land, and to provide for livable communities " III I. .. II „ II II II I • • URBANIZATION ADOPTED AMENDMENTS DATE CPA# CHANGES 00/00/00 CPA2008-0000X San velessit lam euipit, se molum iureetue do euiscip ero diatincinibh ea commy nullamc onsequam dolobor am, sequatem venisi. • i City of Tigard Comprehensive Plan • • • URBANIZATION o ,r significant challenge faced by many communities is how to manage "As Tigard growth, particularly the transition from 4-, -- rural • rural to urban land uses, or redevelopment to mOveS•ZYItO the; more intense land uses. As Tigard moves into the future, the City must manage growth for , future, •the,:C ty, ,• the benefit of its citizens and businesses. The -mush manage -° •'' City must ensure that growth decisions result in high-quality development,protect natural growth for the 0 resources, provide services in a coordinated and logical manner, and are fiscally sound. '' ' '- benefit.of its. . The thoughtful planning of growth will help to accommodate future population and CZtZZe72S GZYICZ employment,while addressing the community's businesses " •desire for a high quality of life. . ... ;- <. .,.7.0 ,0 ., -.. :: x,•.: The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coor- dinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. .GOAL 14' URBANIZATION y �* "` *Y-4. 0 '`P °� '4,s-=4 ' . `To provide for an orderfy and efficient transition from tura/to urban land use,to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." One of the primary tools used in Oregon to control sprawl,preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary(UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Comprehensive Plan I City of Tigard 14-1 • • URBANIZATION Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan(UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals,particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation,including accommodating Metro's 2040 Growth Concept. Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched,or approached, the UGB.This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton,Portland,Lake Oswego,Durham,Tualatin, and King City,while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city liunits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part, reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts,and those located within Tigard such as parks,library,emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorpo- rated urban level development are the primary issues facing the City's growth management decisions. There are few large,vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelop- ment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However,almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger,but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB.As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with 14-2 City of Tigard I Comprehensive Plan • • uu P ° URBANIZATION agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agree- Washington ment outlines the role,provision, area, and planning/coordination responsibilities for service county • providers operating with the TUSA. The TUSA • • is important to the City,particularly the planning -collaborating • and coordinating with special districts, because ��with Metro � it helps the City to ensure the best services are ; provided to its citizens. The Agreement was last jurisdictions updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, ,• to identify , which coincides with the UPA. • urban and The City put forward a plan to annex the unin- '1'uYal YeServes corporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents over- that will , whehningly passed the measure, but residents in t z+ the area to be annexed soundly defeated it, thus dictate any leaving the status quo. Then in 2006 an incorpo- needed 4 ration effort took place to form the City of Bull Mountain and was again turned down by voters. ZLture UG� . ' The issue of unincorporated urban level develop- expansio ment gets more complex as Washington County ' master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Until areas 63 and 64 can be included within a city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. Additionally,Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expan- sions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning-for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner.Any expansion of the Comprehensive Plan. I City of Tigard 14-3 • • • .C:1117%, '1 1 u11 URBANIZATION City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. KEY FINDINGS: • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development,and public services. GOAL: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. POLICIES: 14-4 City of Tigard I Comprehensive Plan • • o 1'e ; URBANIZATION 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. 2. The City shall maintain,and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district,or expan- sion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict; and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. RECOMMENDED ACTION MEASURES: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary Comprehensive Plan I City of Tigard 14-5 • • URBANIZATION ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincor- porated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. GOAL: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorpo- rated properties. POLICIES: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 14-6 City of Tigard I Comprehensive Plan • • • r URBANIZATION II • z 4. Th. City shall evaluate and may " e• :.•' •e-that parcels adjacent to "The:City. a' proposed annexations be included to: shall ensure.: . A. avoid creating unincorporated islands within the City; that capacity.,:-. Vr B. enable public services to be effi-��- exists or can d ciently and effectively extended to �4‘ the entire area; or be-develofied, St) C. implement a concept plan or a► 5" to Provide sub-area master plan that has kLA been approved by the Planning ��. `.needed urban. kCommission or City Council. level services to ` 5: The City shall maintain its right to r` �' annex property as allowed by state an area when h statute. approving 6. The City shall periodically update �* n »' annexation :; .�. and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. RECOMMENDED ACTION MEASURES: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unin- corporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives,as appropriate, to encourage owners of unincorporated properties to annex to the City. • Comprehensive Plan- I City of Tigard 14-7 • • 1 �I, URBANIZATION iv. Develop criteria and procedures to encourage and,when necessary,require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. GOAL: 14.3. Promote Tigard citizens'interests in urban growth boundary expansion and other regional and state growth management decision. POLICIES: 1. The City shall support regional and state growth management decisions, while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form,prevent future unincorporated urban development,and prevent urban sprawl. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. RECOMMENDED ACTION MEASURES: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state,Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban Growth Boundary. 14-8 City of Tigard I Comprehensive Plan • • P URBANIZATION iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County,its cities,Metro, and others to address: A. public service equity issues associated with unincorporated urban development; and B. prevent blight conditions associated with underserved urban development. v. Take an active role in discussions relating to state and regional efforts to develop equitable ways to fund public infrastruc- ture needed to better provide for existing needs and support projected employment and population growth. • Comprehensive.Plan I City of Tigard 14-9 • • • 10. URBANIZATION Urbanization, which is "to provide for an orderly and efficient transition from rural to urban land uee." activities have to be coordinated, and it integrates and balances all of the other available land Facilities and Services, Natural Features and Open Space, and Trancportation. • The City of Tigard grew from 5,302 people in 1970 to 1,1,286 people in 1980 (Cencus 1970 & annexations. • The City limits have expanded by approximately 1A square miles since 1970, to itc present cizc • All lands within the Tigard Urban Planning Area as well as the City Limits have been decignated teary: and projects within the T.U.P.A. • The area within the Tigard Urban Planning Area, but outside the current City Limits, that is not City of Tigard 7 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • • To assist in the financing of ctreot facilities and improvements, Tigard has imposed a Systems • Major trunk line sewer service in the Tigard Urban Planning Area is City's as well as that of pastern Washington County; major sewage system since 1970. • Water in tho Tigard ar a is provided by the Metzger and Tigard Water Districts. Theco districts • An Urban Planning Area Agreement (UPM) between Tigard and Washington County regarding a. Identify the urbanizable land within ach jurisdiction surrounding Tigard; b. Provido for orderly and efficient transition from urbanizable land to urban land; c. Provide a process for rcviowing the land use designations between the City and County; d. Provide for a process to extend existing services; and e. Provide a process for annexations of land to the City. • The agreement requires that the parties resolve various issues, otherwise the agreement will lapse on January 1, 1981 (or a later date if the parties extend tho agreement) and the 1980 • The City does not have an UP/V\ with the school districts (Tigard and B averton), but the limits. 10.1 ANNEXATION OF LAND POLICIES 10.1.1 . PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST IN-TENSE -USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; City of Tigard 8 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • . . 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: • THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE PLANNING AREA OR WITH THE URBAN GROWTH 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF UNINCORPORATED TERRITORY; OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT c. THE POLICE DEPARTMENT HAS-COMMENTED-UPON THE ANNEXATION; 10.1.1(a). OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY (Rev. Ord. 81 21) City of Tigard 9 Goal 14:Urbanization Planning Commission Hearing CP.42008-00006 • • • 10.2 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS POLICIES 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA)LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE . • e _ Si ; b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS; OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. IMPLEMENTATION STRATEGIES 2. The City shall direct its annexation policies to conform with and support tho City's City of Tigard 10 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • • that is consistent with the ComprehoRsivc Plan, and the Urban Planning Area Agreement, and agreement with tho Washington County. Tho agreement shall assure that: a. Urban development inside Tigard Urban Planning Area (T.U.P.A.) will be encouraged to annex to the City of Tigard. e. for the unincorporated areas within tho Urban Planning Area (T.U.P.A.). 5. Land use designations, if not already designated, shall be assigned to purposed annexation areas only after a thorough study addressing statewide Planning Goals, and City and neighborhood needs have been completed and adopted by the City. 6. The City shall accept, encourage, and assist in the prepafation of annexation proposals of all levels within its Urban Planning Area(UPA). 7. The City shall actively seek to include all"unincorporated island"areas into the city. 8. The City shall provide a capital improvement plan (CIP) that will promote the development of • - - POLICIES 10.3.1 THE CITY SHALL -CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. City of Tigard 11 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • CleanWater Services EXHIBIT B Our commitment is clear. MEMORANDUM DATE: July 31, 2008 FROM: David Schweitzer, Clean Water Services TO: Darren Wyss,Associate Planner City of Tigard Planning Division SUBJECT: Review Comments—Planning Goal 14 Urbanization, 2008-00006 CPA GENERAL COMMENTS • We recommend following any and all relevant provisions of the current Intergovernmental Agreement (IGA)between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http://cleanwaterservices.org/PermitCenter/DesignandConstruction/Update/default.aspx) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands,natural drainage ways, and enhancements thereof. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone:(503)681-3600• Fax:(503)681-3603 •www.CleanWaterServices.org V • • .. MEMORANDUM T I GARD TO: Tigard Planning Commission u J FROM: Darren Wyss, Senior Planner ��" RE: Comp Plan Amendment - Goal 14: Urbanization DATE: September 8, 2008 On August 18, 2008, the Tigard Planning Commission held a public hearing on the Comprehensive Plan Amendment (CPA2008-00006) relating to Goal 14: Urbanization. At the hearing, Planning Commission voted unanimously to recommend the language contained in the amendment to City Council. Unfortunately, the public hearing notice staff sent to The Times newspaper failed to be printed. The Tigard Community Development Code (18.390.060.D.2.b) requires notification to be published 10 business days prior to the hearing in a newspaper of general circulation in the city. This requirement satisfies the citizens' due process rights in legislative matters per Statewide Planning Goal 1, state statute, and the Tigard Community Development Code. Therefore, the Planning Commission will hold another public hearing on October 6, 2008 to provide the opportunity for allow for additional public testimony. The hearing will be noticed in the newspaper. This additional Planning Commission hearing will not interfere with the City Council schedule relating to CPA2008-00006. The Council is scheduled for a September 9, 2008 workshop on CPA2008-00006 and a public hearing on October 14, 2008. If the Commission makes any changes to its recommendation based on new public testimony, it will be included as part of the public record Council will review at its public hearing in October. Staff will have a brief discussion with the Commission at its September 15th meeting, but if you have any immediate questions regarding this matter, please contact me at 503-718-2442 or Darren @tigard-or.gov. 1 MEMORANDUM T I GARD TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Senior Planner 17 5t RE: Comp Plan Amendment - Goal 14: Urbanization DATE: September 4, 2008 On August 18, 2008, the Tigard Planning Commission held a public hearing on the Comprehensive Plan Amendment (CPA2008-00006) relating to Goal 14: Urbanization. At the hearing, Planning Commission voted unanimously to recommend the language contained in the amendment to City Council. Unfortunately, the public hearing notice staff sent to The Times newspaper failed to be printed. The Tigard Community Development Code (18.390.060.D.2.b) requires notification to be published 10 business days prior to the hearing in a newspaper of general circulation in the city. This requirement satisfies the citizens' due process rights in legislative matters per Statewide Planning Goal 1, state statute, and the Tigard Community Development Code. Therefore, the Planning Commission will hold another public hearing on October 6, 2008 to provide the opportunity for allow for additional public testimony. The hearing will be noticed in the newspaper. This additional Planning Commission hearing will not interfere with the City Council schedule relating to CPA2008-00006. The Council is scheduled for a September 9, 2008 workshop on CPA2008-00006 and a public hearing on October 14, 2008. If the Commission makes any changes to its recommendation based on new public testimony, it will be included as part of the public record Council will review at its public hearing in October. If you have any questions regarding this matter, please contact me at 503-718-2442 or Darren @tigard-or.gov. 1 0 I :III C. ity of Tigard T I GAR D Planning Commission — Agenda — Rev 1 MEETING DATE: August 18, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. APPROVE MINUTES 7:10 p.m. 5. PUBLIC HEARING— Goal 14 Urbanization 7:15 p.m. REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Tide 11;and Statewide Planning Goals 1, 2, 8, 11, 12,and 14. 6. WORKSHOP — Introduction/Definitions 8:15 p.m. 7. OTHER BUSINESS 9:45 p.m. 8. ADJOURNMENT 10:00 p.m. PLANNING COMMISSION AGENDA—AUGUST 18, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 • • Tigard Planning Commission i? {?o Agenda Item # ') Page _L of J_ Date of Hearing Case Number(s) C(IR 200% — no O (." Case Name ��` '�a•t; c- � ��.J Location C Ak If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Tigard Tannin Commission -toll Call Hearing/Workshop Date: -A% - OSS Starting Time: 9 '.0 3 COMMISSIONERS: Jodie Inman (President) p Tom Anderson Rex Caffall -✓ Margaret Doherty Karen Fishel Stuart Hasman Matthew Muldoon Jeremy Vermilyea David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher Ron Bunch Cheryl Gaines John Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas —Darren Wyss Phil Nachbar t/Marissa Daniels Todd Prager *i CITY OF TIGARD PLANNING COMMISSION • Meeting Minutes August 18, 2008 1. CALL TO ORDER Acting President Jeremy Vermilyea called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Acting President Vermilyea; Commissioners: Anderson, Caffall, Doherty, Fishel, Hasman, and Muldoon Commissioners Absent: President Inman, Commissioner Walsh Staff Present: Darren Wyss, Senior Planner; Marissa Daniels,Assistant Planner; Doreen Laughlin, Administrative Specialist II 3. COMMUNICATIONS It was noted there would be only one meeting in September due to the Labor Day holiday. That meeting would be September 15 and Councilor Buehner would attend and entertain any questions they might have of her as the liaison to the commission. 4. APPROVE MEETING MINUTES Minutes were not yet complete from the last meeting, so two sets of minutes were up for approval. There was a motion by Commissioner Muldoon, seconded by Commissioner Fishel, to approve the July 21, 2008 minutes. The motion carried as follows: AYES: Anderson, Fishel, Hasman,Muldoon, and Vermilyea NAYS: None ABSTENTIONS: Caffall, Doherty EXCUSED: Inman,Walsh There was a motion by Commissioner Caffall, seconded by Commissioner Doherty, to approve the August 4, 2008 minutes. The motion carried as follows: . AYES: Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, &Vermilyea. NAYS: None ABS'1'ENTIONS: Muldoon EXCUSED: Inman,Walsh PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 1 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc s 5. PUBLIC HEARING—Goal 14 Urbanization— CPA2008-00006 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Senior Planner Darren Wyss explained that the Comp Plan Amendment before the Commission at this time would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. He noted that the purpose of Goal 14 is "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." By adopting this amendment, the City will ensure continued compliance with state and regional requirements and programs, and also ensure future growth management decisions are made in the best interest of Tigard's citizens. The amendment will also replace outdated language that was adopted in 1983 and allow the City to be flexible and responsive to current conditions. The proposed amendment went thru a review process that included two Policy Interest Team (PIT) meetings hosted by the Planning Commission (PC). Wyss reminded the Commissioners that staff used the Planning Commission as host to Policy Interest Team meetings because of the important role the Commission has in helping to develop and implement the land use/growth management programs in the City. He said that staff felt that by being involved from the beginning, the Commission had a better opportunity to fully understand the concepts and information that they were being asked to make decisions upon. The PC and PIT members used the preliminary language formulated by staff and its associated commentary that explained the intention, to review and edit into the draft language found in Exhibit A. The language developed by the PC/PIT was also reviewed by City departments, local jurisdictions, state/regional agencies, and special service districts. He noted that comments are found under Sections VI and VII of the Staff Report. No changes were made based on their review. Additionally, the city attorney reviewed the language and staff report findings PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 2 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Ilearing-Wkshp\tpc minutes 8-18-08.doc S. and, based on this review, staff has made one minor change. The change is to Policy 3, under Goal 14.2 and was summarized in a July 28th memo to the PC. The suggested change follows: The City shall approve proposed annexations based on findings that the request can be accommodated by the City's public facilities and services and: A. Eliminates an island of unincorporated territory within the City; or can be accommodated by the City's public facilities and services; and B. Is contiguous to current City limits and is located within the Tigard Urban Services Area. is consistent with applicable state statute. He said staff recommends adopting the language included in the amendment because it complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. Vermilyea asked if the Commissioners had any questions of staff. There were some comments about the word "Citizen." Two of the commissioners asked staff to address the definition of"Citizen" in the "Definitions" section. PUBLIC HEARING OPENED Vermilyea opened up the meeting to public testimony. According to the signup sheet, there were no citizens present to testify either in favor or in opposition. He asked if there was anyone in the audience who would like to speak. No one asked to speak. PUBLIC HEARING CLOSED Vermilyea closed the public hearing and moved on to discussion. There was no discussion and Vermilyea said he would entertain a motion. Commissioner Caffall made a motion "We accept the Comprehensive Plan Amendment CPA2008-00006, including the recommendation by the City Attorney for a change in verbiage." Commissioner Hasman seconded the motion. The motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman,Muldoon, and Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Inman,Walsh 6. WORKSHOP—Introductions/Definitions Vermilyea opened up the workshop portion of the meeting. He noted the introduction section had not been revised—just the glossary section. He asked Wyss for an overview as follows: PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 3 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc Wyss noted the introduction (Attachment 1) would try to accomplish a number of things in the language. • A brief overview of the planning process and its importance to the community. • Outlines the intended purpose of the Comprehensive Plan and how it gets implemented. For example,it explicitly state the policies are not intended to be used as decision making criteria in most land use cases, but must be translated into codes and standards. • • Defines goals, policies, and recommended action measures. • Purposely written to be straightforward, to the point, and not lengthy. • Staff feels all important information is included within the introduction itself and is looking for feedback from the perspective of the Planning Commission who will be charged with using this updated Comprehensive Plan when any kind of Comp Plan or Zoning Map Amendment comes before them. • Definitions — • Definitions have been accumulating since the first amendment came before the Commission back in August of 2007. It's been over a year ago since the PC heard their first Comp Plan Amendment. • As each chapter met with the Policy Interest Teams, key terms were identified to be defined and then a definition was brought forward. • The definitions are based on accepted, federal, state, or regional definitions when available. Otherwise, staff or a PIT member presented a widely accepted definition and a consensus would be reached as to which definition best fits Tigard. • Planning Commission has reviewed these definitions throughout the process and at some point has asked for more detail, more terms to be defined,and suggested some changes. • City Council has reviewed these definitions. They've asked for more definitions and made some suggestions for improvement. Vermilyea, at this point, took the commissioners through the Introduction, Plan Background, Purpose of the Plan, and its Implementation, Format of the Plan, and Definitions of Obligations of Goals, Policies, and Recommended Action Measures. One commissioner wanted clarification as to whether this "Introduction"is for the entire Comprehensive Plan. Wyss answered that,yes,it is for the entire Plan. There were no other significant questions or comments other than it was well written. When Vermilyea asked if anyone had anything else to add or comment on he said that by their silence we could assume the commissioners are all fine with the way it is written—no changes necessary. Everyone agreed. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 4 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc 1111110 S GLOSSARY Wyss informed the commissioners that a new glossary had been distributed (Attachment 2) and he flagged the ones that had either been changed or were added. At this point in the meeting Vermilyea suggested that if any of the definitions were taken from a 3rd party source (such as FEMA, Metro, etc) they would skip those and focus on those that were staff produced—as well as the ones flagged for additional attention. There was no objection to that approach. Veiinilyea went over the definitions (as described above) and the ones that were commented on are listed below(Staff response is in italics): Citizen: A commissioner wanted to know... What is the impact of changing the term Citizen - to what extent would the document have to change if they were to change the term citizen. I'll look through document and see how it impacts. Staff will do some homework on this. Community Recreation Facilities: re: "owned and operated to promote the health etc." Does that mean the City has ownership? No. Should we strike the words "owned and"—Staff will do homework on this as well. Community Parks: Why does it state "greater than 15 acres"? ... It's a consistent standard and is in our Parks Master Plan. Downtown Tigard: What are the boundaries? Fanno Creek up Main St includes some commercial areas on the other side of 99W=- down Hall Blvd, includes S properties on the east side of Hall Blvd. City Hall is included. SW of Fanno Creek as well. Encourage: Where did we get the definition? Numerous sources— we settled on one that was common to all of them. `Support" is not defined. Could we get a good definition of support? Yes, we can. Environmental Performance Standards: This seems to be an explanation rather than a definition. It was suggested that instead of defining this, simply cross reference it to "See TCDC Chapter 18.725." Okay— that works. Family Wage: I don't know what"average covered pay" means... could you check that out? Yes, will do. Full Service Recreation Facilities: I'm confused about the word "together." Should we change it to "these facilities provide?" Staff will do some further checking on that with Duane Roberts (Associate Planner). Functions & Services: At this point, audience member, Sue Beilke, spoke (her remarks were typed out and are Attachment 3). Vermilyea suggested the definition of parks be looked at PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 5 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc 41141 more closely when the park plan is revised and Ms. Beilke's issues addressed in the context of that update. Green Concepts and Practices: It was suggested that in the second sentence... strike the word "new" and change to "proven"... Commissioner Muldoon suggested adding"demand response." It was decided Muldoon and Wyss would get together and wordsmith this and come back to the next meeting with it. Greenspace/Greenway (Size should be adequate to protect the resource): Vermilyea questioned a parenthetical being in there and suggested it be stricken and put into the definition itself if necessary. Wyss agreed with Vermilyea. Hazardous Tree: Will be ISA standard. "A tree or tree part that is likely to fail and cause damage or injury and in all likelihood exceeds an acceptable level of risk." Beilke questioned the broadness of the definition. It's general in order to get us to the Development Code (Tree Code) writing stage—and that's the point when it will be fully defined. Historic& Cultural Resources: Strike the word "the" and substitute "a" nation. Strike "and/" to make it just"or Tigard." So the sentence would read Historic and prrhistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of a Nation, Oregon, or Tigard. Invasive Species: Add the words "invasive species" after "many" in the last line so it would read "Left unchecked, many invasive species have the potential, etc." Landslides: Take out"recognized as" and simply state "that is a natural hazard" Linear Parks (Of adequate size to protect natural resources and accommodate intended uses): Where did this definition come from? lyss assumes it came from the Parks Master Plan but will get back with the answer. Open Space: Add to the end of the last sentence (after trail-oriented recreation), "and areas set aside solely for protection and conservation of fish and wildlife habitat species." Peak Oil: There is no policy language that refers to it... Strike definition. Promote: Define support. Proven Community Need: Doesn't seem clear. How is it "proven"? It was suggested to change it to read "A need supported by evidence that is necessary to amend land use maps, and ensures that the new land use being'proposed is needed in the community in that particular location,versus other appropriately designated and developable sites. After much discussion it was suggested they flag this one for the City Attorney to look at. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 6 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc 41116 Rare: See Beilke's remarks (Attachment 3), she would like this definition added—Wyss will look up the state of Oregon definition for "rare species" "threatened species" and "endangered species." It should be included. Wyss will bring back the definitions. Regionally Significant Habitat: Significant can mean "important" or in reference to "numbers." Wyss will define.significant habitat and also regionally significant habitat. Renewable Energy—Try to find a good external source for this definition. It was suggested Public Utilities Commission would be a good source. Rent: Delete "over time". Special Use Area: A park?Wyss will find origin of definition. Upland Habitat: Beilke suggested an example (Attachment 3) — Commissioners said to leave out parenthetical (locations). Urban Forest: Take out verbiage "collectively" and "broadly defined." Change to simply read "All the trees within the City." Urban Forest, Diverse: Combine Urban Forest into one definition. We will flag this one for cleanup. Wildfire: Not just limited to "on forestland" -Ste take a look at how BLM or the State Dept of Forestry defines wildfire. Vermilyea closed the glossary portion of the meeting and went on to: Comprehensive Plan Map Legend (Color coded designations) There were no comments on this. The next meeting is a Public Hearing—Darren will give definitions to Commissioners and invited them to send comments. Sept 15 7. OTHER BUSINESS —Vermilyea gave date of upcoming public hearing - (September 15 —Planning Commission — "Introduction and Definitions"). Marissa Daniels (Assistant Planner) reminded the Commissioners of the High Capacity Transit Open House Metro would be holding, and the.City of Tigard would be hosting, on Wednesday, August 20th at the library in the Community Room. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 7 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc 61111 1111 8. ADJOURNMENT Acting President Vermilyea adjourned the meeting at 9:39 p.m. OP Doreen Laughlin, Administrati■ - Sp: ialist II 1111111111110 ir ATTE` : Actini President Jeremy ermilyea PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 8 of 8 1:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc '" A .:., MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: Darren Wyss, Senior Planner RE: Meeting on August 18, 2008 DATE: July 28, 2008 On Monday,August 18`h, the Planning Commission will hold a public hearing on the comprehensive plan amendment (CPA2008-00006) to update goals,policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. The Planning Commission previously reviewed the amendment language while hosting two Policy Interest Team(PIT) meetings on July 21" and August 4`h. Staff forwarded the language formulated by the PIT to the city attorney for review to ensure consistency with state and regional law. The city attorney found the language to be consistent with applicable laws, but made one suggestion to tighten the language to account for any possible changes to state law. This suggested change (Policy 3, under Goal 14.2) is as follows: 3. The City shall approve proposed annexations based on findings that the request can be A. Eliminates an island of unincorporated territory within the City; or can be accommodated by the City's public facilities and services; and Arca. is consistent with applicable state statute. The suggested change is based on the City having to follow state law on the annexation of property. Current state law allows for annexing unincorporated islands or contiguous pieces of property. This is consistent with the language finalized by the PIT as the policy language essentially spelled out current state law. The change as suggested by the city attorney covers the original PIT language without repeating state law, while also being flexible to accommodate any possible changes to annexation law that may occur in the future. Staff recommends adopting the language as proposed by the city attorney. After the public hearing on CPA2008-00006, the Commission will hold a workshop on the Introduction and Definitions sections of the Tigard Comprehensive Plan update. The Commission has previously reviewed the definitions a chapter at a time as staff brought individual amendments through the legislative process. The glossary is based on accepted federal, state, or regional definitions or,when not defined there, on widely accepted mainstream definitions..The Policy Interest Team, the Planning Commission, and the City Council have provided input on terms to be defined and accepted definitions throughout the process of updating the entire Comprehensive Plan. 1 • • ,, • Please review the Introduction and Definitions and if you have any questions, or would like to see more terms defined, please be sure to contact me at darren @tigard-or.gov or 503-718-2442. See you on Monday the 18th. • 2 • • Agenda Item: Hearing Date: August 18,2008 Time: 7:00 PM T.iiu ( Z ' STAFFREP-ORT<.T T n;r - ;'q�:. >,}.• �r�' _p.r. ';a"� .y"'..•��`t'-''-•.z;. s�;•�;'•.t�`�o .Lv?,:_..t::.,.:4!:,:.r. c:...ti.�.- .;r,,. ...�... y;.xY e:,' -�str. _-..ry:,r - .K,„r_ :':'•: ,t-- �,.z,• .2?x.a.Fwrii' .'�:a?r,.- - "_�-.rsa:>:«, x".r.,y q I:AN:NIN�G~:CO:MM�ISSION. �� - - ,:?ti;;'';r�� Via` .'er.ii•,t,L....,u..'7.!S • . .J - d` - r'>:-'::'• -;'tip:., r z a= -..`i--� '�f = '� ';mil - ^-!'.� - r•`hy`. < - ( - n� ':4 A` R• ,"t=' ',t,i'41R'rs•:-'b`.'di#,, z, ,�:�..•�.'-��t...FsO�R.�T�HE-°�CItTY,:O:F=�TIGARD. �.O.RE:G:ON�t.-��,�::y�r->r: :�':.< �.::;. ... :>` :3' j; TIGARD -F'' r.4•.9'- '.;:�=.'ai �C: �y'-;"�X':::. F�r y.:�iS::. w��i,�:'��. (FF-a.•._°emu-•:^ a.1•:' +, n .. ...:..._- �•r'.'ri[:.,,.'T -4 M1: £ 3_ i '- .+ f t'':f::,F[ > f ( 3"t'i... �"e.�..•.• ....:3'.,..:':.,-rt,,.t:-,.. "�s:.; .-. .;;•��. ... . ... . ....�'..- .. -. '-s8`�.:.�:.,�=a,:',.,,.-.......��.._.aa?^4'iS,«f.r-f.:a -__F;rn� .. . 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00006 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A • 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement;Land Use Planning;Parks,Recreation,Trails, and Open Space;Public Facilities and Services;Transportation;and Urbanization; , Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. SECTION II. STAFF RECOMMENDATION 7: Staff-recoi nm - - ends�that�tle�Plariniii .Coiirriissiori;findstliis�r'e uest•foaneet�•�the?iecess�•� :J'a` 'roval•:- :criteria:Therefore, staff recommends that the Plannuig-Commiss on RECOMMENDS to the Tigard City Council.that it.amends°the-Tigard Comprehensive Plan as determined,through the-_public heann -rocess: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 1 OF 17 • • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. ,It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams moved at their own pace, Staff brought a series of Comprehensive Plan Amendments (CPA) through the legislative process over the past year. Each CPA corresponded to a Statewide Planning Goal that is applicable to Tigard. The CPA strikes the appropriate language from the existing plan and replaces the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Urbanization (Goal 14). The Planning Commission held a joint meeting with the City Council to discuss current issues related to Urbanization. The Commission then acted as host to two Policy Interest Team meetings where they worked with citizens to discuss and formulate the draft goals, policies, and recommended action measures. The Planning Commission and citizens were comfortable with the language and found consensus to bring the language to public hearing for recommendation at this point. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 2 OF 17 • • Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is part of a series of amendments that has updated the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 14 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's land use planning program. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action,is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use.To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 3 OF 17 • • The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Citizen Involvement o Land Use Planning o Parks, Recreation, Trails, and Open Space o Public Facilities and Services o Transportation o Urbanization • Applicable Metro Standards o Tide 11 • Statewide Planning Goals o Goals 1, 2, 8, 11, 12, and 14. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure,Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 4 OF 17 • • Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 5 OF 17 • • Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the July 31, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings, posters, . newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 6 OF 17 • • commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: This policy is satisfied through the clear direction given by all goals and policies • included in the proposed amendment. The City's position on the annexation of property, its support of regional and state growth management decisions, its plan to accommodate more intense urban land uses in Metro designated centers/corridors, and the proper planning and delivery of public services is clearly stated throughout the language. All of the aforementioned subjects are a vital part of the City's land use program. The goals and policies, specifically Goal 14.1, policies 2, 3, and 5 and Goal 14.2, policies 3 and 5, also show compliance with Statewide Planning Goal 2 that requires planning coordination and Oregon Revised Statute 195 that requires urban service coordination. Goal 14.3 and its associated policies address serving the interests of the citizens of Tigard. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. This policy is satisfied. Policy 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. Findings: The language included in the proposed amendment, specifically Goal 14.3, Policy 3,is consistent with this policy. The proposed policy states the City's position to accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with the Metro Framework Plan. This policy is satisfied. Policy 13. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected to be within the City limits during the planning period. Findings: The language included in the proposed amendment, specifically Goal 14.2,Policy 5,is consistent with this policy. The proposed policy states the City's position to periodically update STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 7 OF 17 • and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. This policy is satisfied. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan relative to Statewide Land Use Planning Goal 14: Urbanization. The primary intent of the update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, • regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 8: Parks. Recreation,Trails, and Open Space • Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents, including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policy 11. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize funding and facility resources, and improve park and recreational opportunities. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. This policy is satisfied. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the stormwater system.This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 8 OF 17 • • Policy 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5, is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the wastewater system. This policy is satisfied. Policy 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policy 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 5, is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan is required by Statewide Planning Goal 11 (OAR 660-015) and describes the facilities and funding needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 3, is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies and districts to plan and locate facilities in the best interest of all, and to ensure the proper infrastructure exists to support the facilities. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 9 OF 17 • • Topic 8: Transportation (Original Comprehensive Plan format) Policy 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 5, is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding, including transportation, needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 8.2.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE,REGIONAL AND LOCAL JURISDICTIONS. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 3, is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies in the planning process for the region's multi-modal transportation system. This policy is satisfied. • Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. * . Most intense use allowed by the conditions of approval,the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STAIEWIDE PLANNING GOAL 14 PAGE 10 OF 17 • • c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 8, 9, and 12. Policies 8 and 9 outline development's commitment and requirement for ensuring available public facilities and the mechanisms that may be used to fund these improvements. Policy 12 directs the City's planning efforts regarding the provision of public facilities and services within its Urban Planning Area. Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF UNINCORPORATED TERRITORY;OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION,THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING DESIGNATION. (Rev. Ord. 84-21) Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA) LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY;OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY;OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. Policy 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS;OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD .COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING ORDINANCES: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 11 OF 17 • • a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND • e. DRAINAGE. Policy 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. Policy 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING AREA IN A MANNER WHICH WOULD RESULT IN AN IRREGULAR PLANNING AREA AND INEFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES. Findings: Current Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2 will be deleted and replaced in their entirety by proposed amendment Goal 14.1, 14.2, and 14.3 and the associated Policies (see Exhibit A)..Updating the goals and policies is consistent with the post acknowledgement plan amendment procedures as outlined in Oregon Revised Statute 197.610-625 and Oregon Administrative Rule 660 Division 18. This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 14 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, and reviewed by affected agencies. CONCLUSION: Based on the analysis above, staff fords that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 11: Planning for New Urban Areas — require and guide planning for conversion from rural to urban use of areas brought into the UGB. It is the intent of Title 11 that development of areas brought into the UGB implements the Regional Framework Plan and 2040 Growth Concept. Findings: The City is committed to implementing the Metro Urban Growth Functional Plan. The proposed amendment confirms this commitment through the goals and policies contained within, particularly Goal 14.3, Policies 1, 2, and 3. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept. Title 11 is satisfied. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 12 OF 17 • THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER • OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two. project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team (hosted by the Planning Commission), and submitting written comments via the website. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the July 31, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. • Statewide Planning Goal 8—Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and,where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5,is consistent with Goal 8. The proposed policy states the City's position to maintain agreements with STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 13 OF 17 • • service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. These measures endeavor to satisfy the needs of all citizens and visitors. This goal is met. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: Goal 11 (OAR 660-015) requires cities with a population greater than 2500 persons to develop and adopt a public facility plan. The City is in compliance as it adopted the Tigard Public Facility Plan in 1991 as part of periodic review of the comprehensive plan. Oregon Revised Statute 195 also requires units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2500 persons to enter into • urban services agreements. The City is in compliance as the Tigard Urban Services Agreement was signed in July 2006. The proposed amendment, specifically Goal 14.1, policies 2 and 5, directs the City to maintain agreements with Washington County and service districts to define provision roles, to coordinate plans and programs, and to maintain consistency with the adopted public facility plan. Goal 14.2, policy 5, further directs the City to periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Based on the City's current compliance and its commitment to continue compliance with Goal 11, the goal is met. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. • Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 5, is consistent with this goal. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding needed, including transportation, to support the land uses and densities designated in the Comprehensive Plan. Goal 12 is met. Statewide Planning Goal 14: Urbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: Goal 14 requires the establishment of urban growth boundaries (UGB) and outlines the parameters for amending the boundary. UGBs control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Amendments to the UGB must be adopted by all cities in the Metro region, including the City of Tigard. The Metro UGB is currently in compliance with Goal 14, as are the City's comprehensive plan policies. The City is committed to continued compliance with Goal 14. The proposed amendment confirms this commitment through the all goals and policies contained within. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of STAFF REPORT TO THE PLANNING COMMISSION CPA•2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 14 OF 17 • • the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept and Metro Functional Plan Title 11. The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. CONCLUSION: Based on the analysis above, staff fords that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Current Planning Division, Administrative Department, and Police Department has had an opportunity to review this proposal and have no objections. The City of Tigard's Public Works Department had an opportunity to review this proposal and had the following comments. Goal 14.1, Policy 1 is not consistent with the Tigard Water District/City of Tigard IGA. Findings: This policy states the City will not approve the extension of City services without annexation approval. As the City currently provides water outside of its boundaries through intergovernmental agreements with Durham, King City, and the Tigard Water District, services would not be extended unless the Tigard Water Service Area is extended. Staff feels the policy is does not create conflict with the existing agreements and recommends no changes. Goal 14.3, Policy 4 is not consistent with our current IGA with the Tigard Water District. Findings: This policy was amended by the Planning Commission based on the Public Works comment. The policy now states the City will only provide services outside its boundaries with an approved IGA. The policy is now consistent with the IGA and staff recommends approval. CONCLUSION: Based on comments from City staff, and the changes made by the Planning Commission, staff fords the proposed amendment does not interfere with the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 15 OF 17 • • Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1, District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Water District Tualatin Valley Fire & Rescue Tri-Met Transit District The City of Lake Oswego and the City of Tualatin had an opportunity to review this proposal and have no objections. Clean Water Services had an opportunity to review this proposal and had the following comments (Exhibit B): We recommend following any and all relevant provisions of the current Intergovernmental Agreement between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available online) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. Findings: The Clean Water Services Design and Construction Standards implement Metro's Title 3 requirements through a jurisdiction's development code. The City of Tigard has adopted the Standards into the Tigard Community Development Code. Policy language is included in the Tigard Comprehensive Plan under Goals 6 and 11 that direct the City to comply with all state and regional standards, which includes the Clean Water Services standards. Therefore, staff recommends not including any further language in this proposed amendment. CONCLUSION: Based on responses from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 16 OF 17 11. 2 • August 2008 PREPARED BY: Darren Wyss DATE Senior Planner its* / A , AA-. August 11, 2008 APPROVED BY: Ron Bu ch DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 17 OF 17 • • EXHIBIT A August 18, 2008 Urbanization A significant challenge faced by many communities is how to manage growth, particularly the transition from rural to urban land uses, or redevelopment to more intense land uses. As Tigard moves into the future, the City must manage growth for the benefit of its citizens and businesses. The City must ensure that growth decisions result in high-quality development, protect natural resources, provide services in a coordinated and logical manner, and are fiscally sound. The thoughtful planning of growth will help to accommodate future population and employment,while addressing the community's desire for a high quality of life: The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coordinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. Goal 14: Urbanization "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to • provide for livable communities." One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metros 2040 Growth Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metro's 2040 Growth Concept City of Tigard 1 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland, Lake Oswego, Durham,Tualatin, and King City,while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development..Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part, reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks, library, emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorporated urban level development are the primary issues facing the City's growth management decisions. There . are few large,vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelopment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating with the TUSA. The TUSA is important to the City, particularly the planning and coordinating with special districts, because it helps the City to ensure the best services are provided to its citizens. The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, which coincides with the UPA. The City put forward a plan to annex the unincorporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents overwhelmingly passed the measure, but residents in the area to be annexed soundly defeated it, thus leaving the status quo. Then in 2006 an incorporation effort took place to form the City of Bull Mountain and was again turned down by voters. The issue of unincorporated urban level development gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Tigard currently is precluded from providing urban services to these areas as evidenced by the annexation vote in 2004. Until areas 63 and 64 can be included within an existing city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. City of Tigard 2 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • Additionally,Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expansions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. Key Findings • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development, and public services. Goal: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. • Policies: 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). 2. The City shall maintain, and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. City of Tigard 3 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expansion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict; and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. Goal: • 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. City of Tigard 4 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 . • • • Policies: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unincorporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage and,when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex Goal: 14.3. Promote Tigard citizens'interests in urban growth boundary expansion and other regional and state growth management decision. City of Tigard 5 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Policies: 1. The City shall support regional and state growth management decisions,while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form, prevent future unincorporated urban development, and prevent urban sprawl. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only provide municipal services within its city limits, in the absence of a signed intergovernmental agreement. 5. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban Growth Boundary. iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban development; and b. prevent blight conditions associated with underserved urban development. v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and population growth. City of Tigard 6 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • urban land use." .-• ... - Findings ._ ... .: .eee- annexat • The City limits havo expanded by approximatoly 1.1 squaro milos sinco 1070, to itc present size • Bounda and projects within the T.U.P.A. • The area within the Tigard Urban Planning Area, but outside the current City Limits, that is not • The intent of the City is to provide for an orderly and efficient land use pattern and urban • The timing, location and expansion of [the] transportation systems arc important factor& City of Tigard 7 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • ■_ ••-• e= ■ „_ . = ■• d. Provide for a process to extend existing services; and e. Provide a process for annexations of land to the City. • • ---.-. .:. The City does not have an UPAA with the school districts (Tigard and Beaverton), but the limits. POLICIES 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TICARD: a. THE CITY SHALL REWEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; City of Tigard 8 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • 1. STREETS; 5. POLICE; AND 6. FIRE PROTECTION. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH T4C Clll I 111A/IAIr`• - - - - - - 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED OF THE FOLLOWING: a) WAT€R; • b) SEWER; c) DRAINAGE; AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH ■ • _ s.• • • • • . 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT DETERMINE WHETHER THE PARCEL IS WITHIN O c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(3). OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY (Rev. Ord. 81 21) City of Tigard 9 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006. • • ., . . ■ - POLICIES 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA) LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE ,!a• - ' . . ■ _ _Or ! . , - . . • , ■ ! ,, . ■ . ' •r c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO- THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING a. LAND USE; b. DENSITY; d. STREET ALIGNMENT; AND e. DRAINAGE. City of Tigard 10 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • • • .• • • f. POLICIES 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD • CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. • City of Tigard 11 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • EXHIBIT B CleanWater Services Our commitment is clear. MEMORANDUM DATE: July 31, 2008 • FROM: David Schweitzer, Clean Water Services TO: Darren Wyss,Associate Planner City of Tigard Planning Division • SUBJECT: Review Comments—Planning Goal 14 Urbanization, 2008-00006 CPA GENERAL COMMENTS • We recommend following any and all relevant provisions of the current Intergovernmental Agreement (IGA)between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http://cleanwaterservices.org/PermitCenter/DesignandConstruction/Update/default.aspx) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. • • 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503)681-3600 • Fax: (503) 681-3603 •www.CleanWaterServices.org 'RfAU&ST FOE . Co,4,vuJm 111 !Hi • • REQUEST FOR COMMENTS T'IGARD` DA'Z'E: July 23.2008 TO: Name FROM: City of Tigard Planning Division STAFF Darren Wyss.Associate Planner(x2442) CONTACT: Phone: (503) 639-4171, Fax: (503) 684-7297, Email: darren(uitigard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 - Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values.The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation,Trails, and Open Space;Public Facilities and Services;Transportation; and Urbanization; Metro Functional Plan Title 11;and Statewide Planning Goals 1,2, 8, 11, 12,and 14. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8, 2008. 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. ITY OF TIGARD REQUEST FOIOMMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS/ FILE NOS.: CPA-2008 0�a FILE NAME: 6Ou t'( Uri t''�-'tom. CITY OFFICES 77,� _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. CURRENT PLANNING F4-POLICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor _ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) _CITY ADMINISTRATION/Cathy Wheatley,City Recorder Jj�PUBLIC WORKS/Brian Rager,Assistant Public Works Director _PLANNING COMMISSION/GRETCHEN(+12 sets) _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor _FILE/REFERENCE(+2 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) - SPECIAL DISTRICT / TUAL.HILLS PARK&REC.DIST.* TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* ✓CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS PITY OF BEAVERTON CITY OF TUALATIN _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS lanning 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 P land,OR 97232 17160 SW Upper Boones Fry.Rd. J6anna Mensher,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. D rham,OR 97224 Paulette Allen,GrowN Management Coordinator OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps acws Letter Only) _ Mel Huie,Greenspacescoordinator(CPNZOA) Mara Ulloa(Comp.Plan Amendments 8 Measure 37) Routing CENWP-OP-G CITY OF KING CITY _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY* _ OR.DEPT.OF ENERGY(PowedinesinArea) _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 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 / anning Division(zcA)Ms 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) DOT,REGION 1 * t/Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _✓✓✓Development Review Coordinator _Doria Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(Vacations) _Sr.Cartographer(cPazcu)MS 14 1900 SW 4p'Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(ZCA)MS 15 Portland,OR 97201 P land,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wccCAl"911"(Moen 4417m re) Sam Hunaidi,Assistant District Manager (Notify If ODOT R/R-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 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe RJR 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(see Map for Area contact) (If Project is Within Y.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _VERIZON _QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 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 Map for Nea cont.) Brian Every(Ams E.of Hall/.0199w) 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: 3-Apr-08) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels 8 auto text when updating this documer �� • • CleanWater Services Our commitment is clear. MEMORANDUM DATE: July 31, 2008 FROM: David Schweitzer, Clean Water Services TO: Darren Wyss,Associate Planner City of Tigard Planning Division SUBJECT: Review Comments—Planning Goal 14 Urbanization,2008-00006 CPA GENERAL COMMENTS • We recommend following any and all relevant provisions of the current Intergovernmental Agreement(IGA)between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http://cleanwaterservices.org/PermitCenter lDesignandConstruction/Update/default.aspx) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603•www.CleanWaterServices.org V • • TIGARD REQUEST FOR COMMENTS DATE: July 23, 2008 TO: Dick Bewersdorff FROM: City of Tigard Planning Division STAFF Darren Wyss, Associate Planner (x2442) CONTACT: Phone: (503) 639-4171, Fax: (503) 684-7297, Email: darren @ tgard-or.gov COMPREHENSIVE PLAN AMENDMENT(CPA) 2008-00006 - Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8, 2008. You may use the space provided below or attach 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: '-j-LN OF A p -e_ 4-14 sa.-A" - Name&Number of Person Commenting: • • 114 T I G A RD REQUEST FOR COMMENTS DATE: July 23, 2008 TO: Jim Wolf,Police Department FROM: City of Tigard Planning Division STAFF Darren Wyss, Associate Planner (x2442) CONTACT: Phone: (503) 639-4171,Fax: (503) 684-7297, Email: darren@tigard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 - Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8, 2008. You may use the space provided below or attar-Fa 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: X 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: v\low. ,057.1 Frl • • T I GARD REQUEST FOR COMMENTS DATE: July 23, 2008 TO: Brian Rager,Public Works FROM: City of Tigard Planning Division STAFF Darren Wyss, Associate Planner (x2442) CONTACT: Phone: (503) 639-4171, Fax: (503) 684-7297, Email: darrenntigard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 - Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8, 2008. 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: Si.� r/ J�i� Coo b. \ A "". i rN 1�-y I .1ft413L-- -Co fv) (1),� Name &Number of Person Commenting: • S .- ul 23 2008 c11 �'e v ) op__ ��� J y Urbanization Dv $ A significant challenge faced by many communities is ho to manage growth, _particularly the transition from rural to urban land uses, or r evelopment to more intense land uses. As Tigard moves into the future, the City, u anage growth for the benefit of its citizens and businesses. The City, -nsure that growth decisions result in high-quality development, protect natura resources, provide services in a coordinated and logical manner, and are fiscally sound. The thoughtful planning of growth will help to accommodate future population and employment, whiling addressing the community's desire for a high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coordinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly importan in 9the successful implementation of these policies. Goal 14: Urbanization "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and 1d ) services is the-urban growth boundary. Tigard is located within the Portland Met-r p� of tan Urban Growth Boundary (UGB), where Metro has the responsibility for `,,,: establishing and managing the UGB in order to accommodate urban growth in the y region for the next 20 years. The development of the initial UGB for the region began rQ in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land rift, Conservation and Development Commission as being in compliance with Statewide � Planning Goals. `t r 1 Metro has expanded the UGB a number of times over the years and currently Metro's f,rJ management of the UGB is regulated through Title 11 of the Metropolitan Urban t )�' Growth Management Functional Plan (UGMFP). UGMFP is a result of the state v requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban • • +� v Growth Goals and Objectives (RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept(1995), which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metro's 2040 Growth Concept Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland, Lake Oswego, Durham, Tualatin, and King City, while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the City limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part, reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks, library, emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorporated urban level development are the primary issues facing the City's growth management decisions. There are few large, vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelopment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The curre UPA encompasses the city limits as well as unincorporated areas of Bull Mountain an. • etzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. The City also has entered into the Tigard Urban Service Agreement with Washington County. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating with the Tigard Urban Service Area (TUSA). The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, which coincides with the UPA. The City put forward a plan to annex the unincorporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents overwhelmingly passed the measure, but residents in the area to be annexed soundly defeated it, thus leaving the status quo. Then in 2006 an incorporation effort took place to form the City of Bull Mountain and was again turned down by voters. • • (y�/ 11` The issue of gets m unincorporated urban level development ets more complex as P P P Washington County master plans areas 63 and 64 without answering the question as to t4 � who will provide governance and urban services. The position of the City of Tigard is v that cities are better equipped to provide governance and urban level services than counties. Tigard currently is precluded from providing urban services to these areas as • ` - Q `' evidenced by the annexation vote in 2004. Until areas 63 and 64 can be included within ' 3 J an existing city, the City of Tigard opposes the provision of services that would allow h v 4 for urban level development within the areas. .. o o Additionally, Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expansions. The V provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban _ services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. Key Findings • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard r Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. �`'' •/) Unless current state law and county policies change, it is not realistic that l 1 �- Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. O1 • The provision and financing of services to areas 63 and 64 is a major growth '` management question for the City. 1 • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. I ..,.) J • The citizens of Tigard are concerned about growth and its impact upon the k ,,. v. community's natural resources, existing development, and public services. Goal: • • 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. Policies: " fps LA7j Cpi /Q4 4) 1,11.04 . The City shall only approve the extension of ity service A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). 2. The City shall maintain, and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of Q� governance and identified services to the Tigard Urban Services Area. c 73. The City shall, as needed, coordinate and/or participate in planning activities NAM or development decisions within the Tigard Urban Services Area. 4 4. The City shall protect the existing and future delivery of City services and \ oppose the formation of any new service district, or expansion of existing J c ` districts, that could create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. provide for coordination of plans and programs; and D. require services are provided consistent with the City's adopted Public Facility Plan. Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and require annexation of development that requires City services. • • • iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. Policies: tzf. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation on that property. 2. The City shall, when approving an annexation, ensure either the capacity exists or can be developed to provide needed urban level services to the area. 3. The City shal approve proposed annexations based on findings that the reques '1 y A. Eliminates an islan. of unincorporated territory within the City; or n�k - :. Is contiguous to current City limits and is located within the Tigard t1 $ Urban Services Area; and �r C. Can be accommodated by City's public facilities and services. 0 Q0". V5 4. The City shall evaluate and require, when appropriate, parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. • • 5. The City shall develop periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the City Limits. Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ` �� ii. Clearly communicate and maintain ., .ositive .ialog with unincorp rated residents within the Tigard Urban Servi -s Area regarding the benefits S' associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage, and when possible, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex Goal: 14.3. Promote Tigard residents' interests in urban growth boundary expansion and other regional and state growth management decision. Policies: 1. The City shall support regional and state growth management decisions, while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City's support of regional Urban Growth Boundary management decisions shall consider if these actions prevent future unincorporated urban development, prevents urban sprawl, and pro fl ote: the development of an efficient an. com.ac urban form. cs A 5 p(An,,,e•- AP--4 3. The City shall maintain the low-density resi. -ntial character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation • • corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 0 The City shall not provide municipal services outside its city limits. t__-- GvP..ru��.�- 4A w/ dillThe City shall not support the formation or expansion of service distrI t c'5 A 5 4-� special county funding levies if these actions result in the expansion of J unincorporated urban areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the urban growth boundary. i. If there are to be new cities in the Portland Metropolitan region, encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban : : -- - - bn .ualit of life needs d desires of both incorporated and unincorporated residents; and c. prevent blight conditions associated with underserved urban development. v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and population growth. i/45 r / , ,-- \ we c4,1 6 Avg :i ' ' N'' I .\--1/4eAl/f • • Darren Wyss From: AQUILLA HURD-RAVICH [AHURD-RAVICH @ci.tualatin.or.us] Sent: Friday, August 08, 2008 9:43 AM To: Darren Wyss Cc: Doug Rux Subject: Comprehensive Plan Update: Urbanization Darren: Thank you for forwarding the language of Tigard's Comprehensive Plan Amendment pertaining to Statewide Planning Goal 14: Urbanization. The City of Tualatin does not have any comments. Sincerely, Aquilla Hurd-Ravich Senior Planner City of Tualatin 18880 SW Martinazzi Ave Tualatin, OR 97062 PH: (503)691-3028 FAX: (503)692-3512 ahurd-ravich anci.tualatin.or.us 1 - be-Li-414y - • RECEIVED V JUL 2 0 2008 T I GARD REQUEST FOR COMMENTS City of Lake Oswego DATE: July 23, 2008 Community Development Dept. TO: Planning Director,City of Lake Oswego FROM: City of Tigard Planning Division STAFF Darren Wyss, Associate Planner (x2442) CONTACT: Phone: (503) 639-4171,Fax: (503) 684-7297, Email: darren@tigard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 - Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8, 2008. You may use the space provided below or attac separate letter to return your comments. if you are you 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: K,,` 171-401-tgfri.r"---- d-D 3"(9°1 �� 2-4 /&b'.l�?1735` sIMNNb'"►d • S vo, COMMUNITY NEWSPAPEItS -- - • 6605 SE Lake Road, Portland,OR 97222• PO NOTICE TO INTERESTED PERSONS Box 370•Beaverton, OR 97075 - Phone: 503-684-0360 Fax: 503-620-3433 PUBLIC HEARING ITEM: Email: legals @commnewspapers.com The following will be considered by the Tigard City Council on Tuesday,October 14,-2008 at 7:45 PM at the Tigard Civic Center AFFIDAVIT OF PUBLICATION -Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. Public oral or written testimony is invited. The public hearing State of Oregon, County of Washington, SS on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or I, Charlotte Allsop, being the first duly sworn, the rules of procedure set forth in Section 18.390.060.E. depose and say that I am the Accounting 'Further information may be obtained from the City ofTigard Planning Manager of The Times(serving Tigard, Division (Staff contact: Darren Wyss) at 13125 SW Hall Blvd., Tualatin & Sherwood), a newspaper of .Tigard,Oregon 97223 or by calling 503-639-4171. general circulation, published at Beaverton, COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 - in the aforesaid county and state, as defined Tigard Comprehensive Plan Update of Statewide Planning Goal by ORS 193.010 and 193.020, that 14:Urbanization- City of Tigard . REQUEST: To amend the current Comprehensive Plan Topic 10: • Notice of Public Hearing Urbanization by updating the goals, policies and recommended Notice action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be A copy of which is hereto annexed, was viewed on the City's website at http://www.tigard-or.gov/code_ published in the entire issue of said amendments. LOCATION: Citywide. ZONE: All City Zoning newspaper for Districts. APPLICABLE REVIEW CRITERIA: Community 1 Development Code Chapters 18.380 and 18.390; Comprehensive Successive and consecutive weeks in the Plan Chapters Citizen Involvement; Land Use Planning; Parks, following issues Recreation,Trails,and Open Space;Public Facilities and Services; September 25, 2008 Transportation;and Urbanization;Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Publish 9/25/2008 TT 11206 n i [04e oD gM^ ' Charlotte Allsop (AccountiingManager) - Subscribed and sworn to before me this September 25, 2008 OFFICIAL SEAL ROBIN A.BURGESS NOTARY PUBLIC-OREGON �� �,Q COMMISSION NO.390701 NOTARY PUBLIC FOR ORE MY COMMISSION EXPIRES MAY 16,2009 • My commission expires Acct#10093001 Attn: Doreen Laughlin City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 4.5 • Amount Due$ 75.15 'remit to address above • • • L• V�:�+ . SEP 2 G 2008 cr a( 07 ICATD • , COMMUNITY NEWSPAPEIS i— _ 6605 SE Lake Road, Portland, OR 97222• PO Box 22109• Beaverton, OR 97075 .. ■ Phone: 503-684-0360 Fax: 503-620-3433 ; , Email: legals @commnewspapers.com r ' m TIGARD D AFFIDAVIT OF PUBLICATION GAR PUBLIC HEARING ITEM: State of Oregon, County of Washington, SS The following will be considered by the Tigard Planning I, Charlotte Allsop, being the first duly sworn, Commission on Mondays October 6.2008 at 7:00 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. depose and say that I am the Accounting Public oral or written testimony is invited. Manager of The Times(serving Tigard, The public hearing on this matter will be held under Title 18 and rules of Tualatin & Sherwood), a newspaper of procedure adopted by the Council and available at City Hall or the rules of general circulation, published at Beaverton, procedure set forth in Section 18.390.060.E. The Planning Commission's in the aforesaid county and state, as defined review is for the purpose of making a recommendation to the City Council by ORS 193.010 and 193.020, that on the request. The Council will then hold a public hearing on the request City of Tigard prior to making a decision. Comprehensive Plan Further information may be obtained from the City ofTigard Planning TT11201 Division (Staff contact: Darren Wyss) at 13125 SW Hall Blvd., Tigard,Oregon 97223 or by calling 503-639-4171. A copy of which is hereto annexed, was COMPREHENSIVE PLAN AMENDMENT(CPA)2008-000006 published in the entire issue of said -- Tigard.Comprehensive Plan Update of Statewide Planning newspaper for Goal 14:Urbanization- 1 . REQUEST: To amend the current Comprehensive Plan Topic 10: Successive and consecutive weeks in the Urbanization by updating the goals, policies and recommended following issues action measures to reflect current community conditions and values. September 18, 2008 The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. CíkQJid `LO�p LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Charlotte Allsop (Accounting Ma ager) Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen.Involvement; Land Use Planning; Parks, Recreation,Trails, Subscribed and sworn to,before me this and Open Space;Public Facilities and Services;Transportation;and September 18, 2008 Urbanization;Metro Functional Plan Title 11;and Statewide Planning ,1 Goals 1;2,8, 11, 12,and 14. Publish 9/18/2008 TT 11201 .za_.. -\--tICI. Q.,...,,,,,,,,,,, NOTA Y PUBLIC FOR OREGON My commission expires-'f l5,021 i 40 ) i . Acct#10093001 Attn: Patty Lunsford ^ ���- City of Tigard ) ���° OFFICIAL SEAL 13125 SW Hall Blvd () :'`" : SUZETTE I CURRAN ( )r NOTARY PUBLIC-OREGON �'.® Tigard, OR 97223 ) COMMISSION NO.422682 MY COMMISSION EXPIRES NOVEMBER 28,2011 l� �-� -�-�-` --�. --`�`-���---ti-�� Size: 2 x 5.5 Amount Due$91.85 *remit to address above • • AFFIDAVIT OF MAILING ' T I GARD I, Doreen It Laughln, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist Ilfor the City of Tigard Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below} © NOTICE OF PUBLIC NEARING FOR:[ 7 CPA2008-00006 — Comprehensive Plan Amendment ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission October 6, 2008 @ 7:00 pm ® Tigard City Council October 14, 2008 @ 7:45 pm 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 Exblbit'T',and by reference made a part hereof, on September 18,2008,and deposited in the United States Mail on September 18,2008, postage prepaid. � 2 (Person e oti e) S7A2tE OAF Otff_GOW ) County of'Wasjhington )ss. City of ward ) Subscribed and sworn/affirmed before me on the 17 day ofp-1C4116tI---- , 2008.• OFFICIAL.SEAL, BRANDEN T TAGGART �� •, NOTARY PUBLIC-OREGON COMMISSION NO.430165 MY COMMISSION EXPIRES JUNE 25,2012 . I ' -- My Commission Expires: c/0s/2e,/, • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SEI.I.ER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, 114 to IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. EXHIBIT TIGARD PUBLIC HEARING NOTICE. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WIT.T. BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, OCTOBER 6, 2008. AT 7:00 PM and TIGARD CITY COUNCIL ON TUESDAY, OCTOBER 14, 2008 AT 7:45 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) 2008-00006 FILE TITLE: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies, and recommended action measures to reflect current community conditions and values. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide ZONE: All City zoning districts APPLICABLE REVIEW Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters CRITERIA: Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1,2, 8, 11, 12, and 14. THE PUBLIC HEARING ON T�MAT1'ER WTT.T. BE CONDUCTE N ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060. OF THE COMMUNITY DEVELO NT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LIS 1'FNING DEVICES"ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS 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 WIT J, THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LAYER 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 RA'Z'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DARREN WYSS AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO darren @tigard-or.gov. • Easy Peel Labels �,C� bee instruction Sneer • Use Avery®TEMPLATE 5961TM Feed Paper %u for Easy Pee eature AVlRY®5961TM i • Barry Albertson Josh Thomas 15445 SW 150th Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 Tim Esau EXHIBIT_6 PO Box 230695 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 13205 SW Village Glr`.,m Tigard,,OR ./72'23 A Etiquettes faciles a peler Consultez la feuille www.avery.com Utilisez le gabarit AVERY®5961""` Sens de chargement d'instruction 1-800-GO-AVERY ,ee Instruction bneet Use Avery®TEMPLATE 5961x"" Feed Paper ® for Easy Pee Feature 0 AVE RY®5961rm A • • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 EXHIBITz) 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 David Walsh 10236 SW Stuart Court Tigard, OR 97223 • Beverly Froude 12200 SW Bull Mountain Road Tigard, OR. 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 EticiusT t s AWE INTERESTED PARTIESA (i:\curpin\setup\Iabels�CIT Citv,N le,doc) UPDATED: 03-07-07. ® M� Sens de char ement onsu e a eu a www.avery.com Utilisez le gabarit AVERY 5961 g d'instruction 1-800-GO-AVERY • • ..1 AFFIDAVIT OF MAILING . - TIGARD I, Doreen cR Laughlin, being first duly sworn/affirm, on oath depose and say that I am an Afministrative Specia(rst Ilfor the City of Tigart4 Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF PUBLIC HEARING FOR:i CPA2008-00006 — Comprehensive Plan Amendment ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission August 18, 2008 ❑ Tigard City Council A copy of the said notice being hereto attached, marked EXhihit"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 My 31,2008, and deposited in the United States Mail on MY 31,2008, postage prepaid. LY•A2sz".-,'R, ' -aJukt—Q—_:_. (Person that Prep otic ) STATE OAF O4ggow ) County f Washington )ss. City of`Tigard ) Subscribed and sworn/affirmed before me on the _3 I S` ----,day of K � , 2008. r-•, OFFICIAL SEAL KRISTIE J PEERMAN J %''�.'•� NOTARY PUBLIC-OREGON ?) 1 COMMISSION NO.419242 ( ` ��- -``11�!`S►O�E�IRES JULY 28,2011 lr PUBLIC alliGl'633N My Commission Expires: . -2g, -2 o / • • EXHIBIT NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER . p .. . TIGARD • PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, AUGUST 18, 2008, AT 7:00 PM. THE PUBLIC HEARINGS WILT, 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) 2008-00006 FILE TITLE: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies, and recommended action measures to reflect current community conditions and values. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide ZONE: All City zoning districts APPLICABLE REVIEW Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters CRITERIA: Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. • THE PUBLIC HEARING ON THIS MA TTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE IN'1'ERPRE"PEERS AND QUALIFIED BILINGUAL INT'EERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (113D - '1'EELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR V./RI TI'EN TESTIMONY IS INVTl'ED. 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 PRESEN TED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DA'Z'E. 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 (25G) PER PAGE, OR THE CURRENT RA'Z'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DARREN WYSS AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO darren@a,tigard-or.gov. ca reel Laueis JCC II IiU 4l lR71T711CC1 usbAvery®TEMPLATE 5961TM Feed Paper R' for Easy Peel Feature U/����®5961T'" eA Barry Albertson • Josh Thomas. 15445 SW 150th Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 EXHIBIT jL Brooks Gaston Tim Esau 3206 Princess PO Box 230695 Edinburg, TX 78539 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 • Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Brian Wegener 13085 SW Howard Drive 9830 SW Kimberly Drive Tigard, OR 97223 Tigard, OR 97224 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 John Frewing Alexander Craghead 7110 SW Lola Lane 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen CPO 4B 10335 SW Highland Drive 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 Etiquettes faciles a peler ® Consultez la feuille www.averycom Utilisez le gabarit AVERY®5961^"` Sens de chargement d'instruction 1-800-GO-AVERY ca; •rc t 1 a1JC/� LJ� •,==1113t1 V UuteI I JIICCI UIe very®TEMPLATE 5961TM Feed Paper o for Easy Peel Feature \ lERV'®5961TM A 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 Beige 14.755-SW 114th Rase. Marc},OR 97-223 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 0J JIGARD - CITYWIDE INTERESTED AIRTIES (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 4-May-07 Etiquettes ac es a peler Consultez la feuille www.averycom Utilisez le gabarit AVERY®5961m` Sens de chargement d'instruction 1-800-GO-AVERY U.S. Postal ServicelM CERTIFIED MAILTM RECEIPT ..n (Domestic Mail Only;No Insurance Coverage Provided) Er For delivery information visit our website at www.usps.coms ru N L E U., Postage ��, ti ��GrAl�%,d O Certified Fee ti� 9 Return Receipt Fee ti Postm 1 o (Endorsement Required) . �Herree p u CI Restricted Delivery Fee ri (Endorsement Required) �� o Total Postage&Fees IN��, \�./a d •21 c3 Seno-T^ - - -- p .ATTENTION:PLAN AMENDMENT SPECIALIST I`- 'UN DEPARTMENT OF LAND CONSERVATION AND DEV.I or F.635 CAPITOL STREET NE.,SUITE 150 I City 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. Signature DEPT OF ❑Agent item 4 if Restricted Delivery is desired. CC�+ • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(P to Name Date of Delivery • Attach this card to the back of the mailpiece, AV U ran;�' or on the front if space permits. 1. Article Addressed to: D. Is deliver + •• ❑Yes � N IfYES,a AND D VEL•• ' "NT ❑No • I . 1.ATTENTION:PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEV. 635 CAI'TTOL STREET NE.,SUITE 150 (II SALEM,OREGON 97301-2540 3. Service Type •Certified Mail ❑Express Mail _ _ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number -- } j (Transfer from servicelabeO 7006 0810 0002 4524 9686 .I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o(, • in person ❑ electronic ❑ mailed ❑ �L1 1 DLCD Notice of � y. °R Proposed Amendment THIS FORM MUST BE RECEIVED BY DLCD AT LEAST 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING PER ORS 197.610,OAR CHAPTER 660,DIVISION 18 _,.__. Fur DLCD Use Only Jurisdiction: City of Tigard Local file number: CPA2008-00006 Date First Evidentiary hearing: 6/16/2008 Date of Final Hearing: 8/5/2008 Is this a revision to a previously submitted proposal? ❑Yes No Date submitted: ® Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ❑ Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): Amend the Tigard Comprehensive Plan Topic 10: Urbanization (Statewide Planning Goal 14) to update the goals, policies, and recommended action measures to reflect current community conditions and values. Has sufficient information been included to advise DLCD of the effect of proposal? Yes Plan map changed from: To: Zone map changed from: To: Location of property (do not use Tax Lot): Tigard City Limits Previous density: New density: Acres involved: 7552 Applicable statewide planning goals: 10 2❑ 3 4❑ 5 6 7 8❑ 9❑ 10 1❑1 12 13 ® 15 1❑6 17 18 19• Is an exception to a statewide planning goal proposed? ❑ YES ® NO Goals: Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these agencies. DLCD only reports this information.): Metro ODOT Local Contact: Darren Wyss Phone: (503) 718-2442 Extension: Address: 13125 SW Hall Blvd Fax Number: 503-684-7297 City: Tigard Zip: 97223 E-mail Address: darren @tigard-or.gov DLCD file No. • 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.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 •, in person ❑ electronic❑ mailed ❑ 1 DLCD Notice of Proposed Amendment THIS FORM MUST BE RECEIVED BY DLCD AT LEAST b� 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING PER ORS 197.610,OAR CHAPTER 660,DIVISION 18 For DLCD Use Only Jurisdiction: City of Tigard Local file number: CPA2008-00006 Date First Evidentiary hearing: 6/16/2008 Date of Final Hearing: 8/5/2008 Is this a revision to a previously submitted proposal? ❑Yes No Date submitted: ® Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ❑ Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): Amend the Tigard Comprehensive Plan Topic 10: Urbanization (Statewide Planning Goal 14) to update the goals, policies, and recommended action measures to reflect current community conditions and values. Has sufficient information been included to advise DLCD of the effect of proposal? Yes Plan map changed from: To: Zone map changed from: To: Location of property (do not use Tax Lot): Tigard City Limits Previous density: New density: Acres involved: 7552 Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 n ❑ ® ❑ ❑ .❑ 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.): Metro ODOT Local Contact: Darren Wyss Phone: (503) 718-2442 Extension: Address: 13125 SW Hall Blvd Fax Number: 503-684-7297 City: Tigard Zip: 97223 E-mail Address: darren @tigard-or.gov DLCD file No. • P SUBMITTAL REQUIREME N S 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 81/4 x 11 inch paper. Please provide the specific location of property, such as an address and/or tax lot number. Include text regarding background and/or the justification for the change, such as the application accepted by the local government. 8. Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 9. Do not submit this form without supporting documentation. 10. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.Icd.state.or.us/LCD/forms.shtml Updated November 27,2006 • • Urbanization A significant challenge faced by many communities is how to manage growth,particularly the transition from rural to urban land uses. As Tigard moves into the future, the City must manage growth for the benefit of its citizens and businesses. The City must ensure that growth decisions result in high-quality development, protect natural resources, provide services in a coordinated and logical manner, and are fiscally sound. The thoughtful planning of growth will help to accommodate future population and employment,whiling maintaining the community's high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions. The policies also provide guidance on the City's commitment to coordinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands within the Portland Metropolitan Urban Growth Boundary. Coordination with the City's regional partners is particularly important in to the successful implementation of these policies. Goal 14: Urbanization "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metro's 2040 Growth Concept Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland, Lake Oswego, Durham,Tualatin, and King City,while the west border of Tigard is CPA2008-00006 1 GOAL 14:URBANIZATION CITY OF TIGARD • • separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. These circumstances mean that the City of Tigard cannot realistically expect to expand the city limits except through the annexation of existing development in unincorporated Washington County. Unincorporated urban level development is the primary issue facing the City's growth management decisions. The City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). The current UPA contains the city limits as well as unincorporated areas of Bull Mountain and Metzger,but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB.The City also has entered into the Tigard Urban Service Agreement with Washington County. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating with the Tigard Urban Service Area (TUSA). The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, which coincides with the UPA. The City put forward a plan to annex the unincorporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents overwhelmingly passed the measure,but residents in the area to be annexed soundly defeated the measure, thus leaving the status quo. Then in 2006 an incorporation effort took place to form the City of Bull Mountain and was again turned down by voters. The issue of unincorporated urban level development gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Tigard currently is precluded from providing urban services to these areas as evidenced by the annexation vote in 2004. Until areas 63 and 64 can be included within an existing city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. Additionally, Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expansions. The provision and financing of services to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. CPA2008-00006 2 GOAL 14:URBANIZATION CITY OF TIGARD • • Key Findings • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • A significant part of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • It is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about population increases and the impact upon the community. • The citizens of Tigard are concerned about growth and development in the community and the compatibility between new and existing development. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • The citizens of Tigard are concerned about the future of public services,which includes safety, schools and infrastructure. Goal: 14.1. Ensure Tigard's interests are represented and promoted in urban growth boundary expansion and other regional and state growth management decisions. Policies: 1. The City shall support Metro and state growth management decisions, to the extent they support cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City's support of regional urban growth boundary management decisions shall consider if these actions prevent future unincorporated urban development, prevents urban sprawl, and promotes the development of an efficient and compact urban form. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors. CPA2008-00006 3 GOAL 14: URBANIZATION CITY OF TIGARD • • 4. The City shall not provide municipal services outside its city limits. 5. The City shall not support the formation or expansion of service districts or special county funding levies if these actions result in the expansion of unincorporated urban areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the urban growth boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro, and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the urban growth boundary. iii. If there are to be new cities in the Portland Metropolitan Region, encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban development; b. quality of life needs and desires of both incorporated and unincorporated residents; and c. prevent blight conditions associated with underserved urban development. v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and population growth. Goal: 14.2. Provide and/or coordinate the full range of urban level services to lands within the Tigard City limits. Policies: 1. The City shall maintain, and amend when necessary, the Tigard Urban Services Agreement with Washington County that recognizes the City as the ultimate provider of services to the Tigard Urban Services Area. 2. The City shall, as needed,coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. CPA2008-00006 4 GOAL.14:URBANIZATION CITY OF TIGARD • • 3. The City shall oppose formation of any new service district, or expansion of existing districts,within the Tigard Urban Services Area that could conflict with the efficient delivery of existing or future City services. 4. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. Define short and long term service provision roles; B. Specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. Provide for coordination of plans and programs; and D. Ensure services are provided consistent with the City's adopted Public Facility Plan. 5. The City shall not approve the extension of City services except: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and require annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. CPA2008-00006 5 GOAL 14:URBANIZATION CITY OF TIGARD • • Goal: 14.3. Annex unincorporated properties as opportunities arise in order to implement the Tigard Urban Services Agreement. Policies: 1. The City shall assign a zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation on that property. 2. The City shall, when approving an annexation, ensure either the capacity exists or can be developed to provide needed urban level services to the area. 3. The City shall approve proposed annexations based on findings that the request: A. Eliminates an island of unincorporated territory within the City; or B. Is contiguous to current City limits and is located within the Tigard Urban Services Area; and C. Can be accommodated by City's public facilities and services. 4. The City shall evaluate and require,when appropriate, parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently an effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall develop, coordinate, and implement an adopted Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the City Limits. Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Utilize incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iii. Develop criteria and procedures to encourage,and when possible, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. CPA2008-00006 6 GOAL 14:URBANIZATION CITY OF TIGARD • • • FIRetIngs annexations. Baumicapp.- CPA2008-00006 7 GOAL.14:URBANIZATION CITY OF TIGARD • • ■- • .-. d. Provide for a process to extend existing services; and e. Provide a process for annexations of land to the City.• = -• -- - - - _ e- - - - -- - - -- -- •-' - _ !_. limits: POLICIES 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF el! 9" \ ■ . .- . , ■ • _ , THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; CPA2008-00006 8 GOAL 14:URBANIZATION CITY OF TIGARD • • • 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH THE FOl I OWING• 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE; AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL _ _ _ .- . • . - • : ! - - -• C. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH _ . .• • P. • _ _ • - - _ • - • e . • _. a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET' OR "ISLAND" OF b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND .. a a _ r - . . ■ . - e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY (Rev. Ord. 84 21) CPA2008-00006 9 GOAL 14:URBANIZATION CITY OF TIGARD • • . . . . • - POLICIES SEWERAGE AGENCY(USA)LINES EXCEPT: BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE _ • . . . . _ -Or ! . . - . • .. COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR . ■ • - .-. • . . - - • . a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. • CPA2008-00006 10 GOAL 14:URBANIZATION CITY OF TIGARD • • • • • • - . I. • . . .. . _ . . . _ _ . - _ _ _ , _ - . ,. _ _._ . . . _ POLICIES 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TICARD . . _ . . _ . _ • • _ -. .. - se _ ! - CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. - _ r . _ _ a _ _, _ . • , _ a. a . . . . or& a. a . - CPA2008-00006 11 GOAL 14:URBANIZATION CITY OF TIGARD 120 DAYS = N/A DATE MAILED: N/A III .61 CITY OF TIGARD T1GA :y> Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: COMPREHENSIVE PLAN AMENDMENT (CPA)2008-00006 Case Name: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION 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. 08-15). 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 6, 2008 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 October 14, 2008 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: > An amendment to the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. AT THE 10/14/08 CITY COUNCIL PUBLIC HEARING, THE COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No.2008-15). ZONES: All Zones APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Land Use Planning, Parks, Recreation, Trails, and Open Space, Public Facilities and Services, Transportation, and Urbanization; Metro Functional Plan Titles 11;and Statewide Planning Goals 1,2,8, 11, 12,and 14. 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 November 13, 2008. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon. 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. 08- /5— AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION „QS 4n'7ei1l0c-0 WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utili?ed to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Topic 10 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 14; and WHEREAS, the Tigard Planning Commission held a public hearing on August 18, 2008; and WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance with City standards; on October 6, 2008, and recommended approval of the, proposed CPA 2008- 00006 by motion and with unanimous vote; and WHEREAS, on October 14; 2008, the Tigard City Council held a public hearing, which was noticed in. accordance with City standards, to consider the Commission's recommendation on CPA 2008- 00006; and WHEREAS, on October 14, 2008,.the Tigard City Council adopted CPA 2008-00006 by motion, as amended, pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2008-00006 is based on the findings and conclusions found in the City of Tigard staff report dated September 19,2008, and the associated record, which are incorporated herein by reference and are contained in land-use file CPA 2008-00006. NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in "EXHIBIT A"; and SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. --4mQrdf-r)J►)-J- -1-0 -`7 0 ORDINANCE No. 08- /3 �{1 t b1 Page 1 of 2 PASSED: By U nlaal MOU5 vote of all Council members present after being read by' number and title orily„this 1LIdayof Ct-{40k294_ , 2008: 4A-MG'?v, Catherine Wheatley, City Reebrder APPROVED: By Tigard.City Council thiS PY day of Oft/t.)10-,-e-'L , 2008. Craig IV lisen,Mayor Approved as to form: "op Attorney 1 O / /- O ORDINANCE No. 08- / Page 2 of 2: • f EXHIBIT A 3-'�et, 'S §`"w "C # +++" t AyyN�{�'^ 4.I+A+,..Ch; ^yS J G'W,�.:,.;' jti ' J § > r. }h .,, �M . ! + Cam* -, , :1 f�:� d i "N' i 2 f ts.. f ' . J. # t -fk' .. '..'. 3lk1 pTi'1 j '.:' , ,r' c .5 �5. .--. r'�`u i'f, +« • }y1r1?-• '..: ., -, := - IL- ..7: , . ' '•,,, 4. -:; ...,:7,;•.0 7 tron4rootterla,,.7 air...*4 *. S -' + t. "...z�T as IN ."°• .....4**•:" 'fit 4 t' ''C7y�r- `ke x * r :. E s..3 �.,,... _." s a .i,.. . i '1t Y s�• . ft�' r Ec..: � � �ref ��y`.,Ct1 -1., a'L�� ��y�. k r= .�k�#�'�. rte• p,t� t4�Y �yts 4.f„lia, •,,r,” .^".. P'+�J rT l: � it i{ fit, .y�,t ,'1',_ a " �i u TN7 ,, `,,,,. _.f' ...11 '�" ,�.max).. , t - �'Jyw.7 is } �•t P x i�. 's+.t—........ ... ..{r f.` + r t, `' it , :-- f7 k. .ty'`�i;t.�l �f4 -- , a ro - 4 �, ---,7- ';,n s ji`zt.1" ���fie, ,�_•- t y ; eta^'^ Urba 0' izal io "To provide for an order! , andcient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure use of land, and to provide for livable communities. " _ .. °`.n I Ill i t #ii II I • .. II I u 4110 • It!irr'Ll, URBANIZATION ADOPTED A MENP.ME,NTS DATE CPA# CHANGES 00/00/00 CPA2008-0000X San velessit lam euipit, se molum iureetue do euiscip cro diatincinibh ea commy nullamc onsequarn.dolobor am,.sequatern City of Tigard I Comprehensive Plan • • V . rr r URBANIZATION A significant challenge faced by many communities is how to manage Tigard d growth,particularly the transition from x rural to urban land uses, or redevelopment to moves into the t more intense land uses. As Tigard moves into future, the City the future, the City must manage growth for ' ,; the benefit of its citizens and businesses. The must manage City must ensure that growth decisions result f. in high-quality development,protect natural growth for the 1 resources, provide services in a coordinated and logical manner, and are fiscally sound. ene flt Of its The.thoughtful planning of growth will citizens and i. help to accommodate future population and . employment,.while addressing the community's businesses." °, desire fora high quality of life. 4. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coor- dinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. GO -Yvi 'Ifitt zATI'ON y . 1 'To provide for an orderly and efficient transition_from'wed to urban land use,to accommodate urban population and urban employment inside urban growth bouada,ies,to ensure efficient use of laud,and to prvrvide for livable communities." One of the primary tools used in Oregon to control sprawl,preserve valuable resource lands,and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Comprehensive Plan I City of Tigard ' 14-1 ! �! ti I F URBANIZATION Metro's management of the UGB is regulated through.Title 11 of'the Metropolitan Urban Gronuth Maniagemon;t Fa nciioinal Plan(UGMFP). The UGMFP is a.result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals;particularly the efficient.use of .existing Urban land to protect against unnecessary urban encroachment into prime agricultural and forest land.The Metro-goals'and objectives;adopted- in the mid-19,90s as the-Regonal Urban.Growth Goals and Ob,jectives(RUGGO), are part of the Regioital Fraiieni%ork Plain(1997)..The Regional Framework Plan includes Melro-c2040 Growth Concept(1995),Which-is-intended to resultin.a more compact urban.form. The UGMFP implements RUGGO and:contains several, requirements.for local iinpletnentation,including accommodating.Met o's 2040- Growth Concept. Tigard's geographic'relationship to the UGB has not changed over time.as its city lirriits have never at any time touched,or approached, the U-GB.This is a,result:of Tigard,.being surrounded:on the north,east,-and south borders by the adjacent'cities of Beaverton,Portland,Lake Oswego,Durham,Tualatin, and King.City,while the west border of Tigard is separated from the UGB by the unincorporated Bull.Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires-annexation of the already developed.-unincorporated urban lands. Experience-has shown that property owners are, tot:the most part, reluctant to annex when.,they have access to urban.services and benefits;those provided by the county•and service districts,.and.those located within Tigard'such-as-parks, library, emergency police ,response,,etnploytnent,and shopping opportunities. More efficient use of existing and underdeveloped.City lands and unincorpo- rated urban:level developrent are the primary issues facing.the City's'growth management decisions: There are-few.large,vacant parcels-of developable,land_• rtnaining in the City,but there are,significant opportunities for redevelop= merit:The City's downtown and major;transpoitation corridors present feasible opportunities:Pertaining to unincorporated development, the City has operated' under';an Urban Planning Area Agreement with Washington.County since.1983 that recognizes Tigard as the ultimate:governance provider;within the Urban. Planning Area (UPA). However;almost.all of the unincorporated area has been urbanized by Washington County.. The current UPA encompasses-the;city limits as.well.as unincorporated-areas of Bull Mountain and:Metzger,but'does not include the-2002 West Bull Mountain (areas 63 and-64)•additions to the UGB. As required by Oregon-Revised Statute 195, the City has also entered.into the Tigard Urban Service Agreement with 14-2 City of Tigard II Comprehensive Plan 0 • -;1''>;,t. 01, r r t P Y URBANIZATION agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agree- "Washington ment outlines the role, provision, area, and ' rY planning/coordination responsibilities for service County is providers operating with the TUSA.The TUSA h. is irtiportant to the City,particularly the planning collaborating > and coordinating ith special districts, because l ' g l with Mete of it helps the City to ensure the best services are 1 • ■ provided to its citizens. The Agreement was last pn isdictlons updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, tO identify t, , which coincides with the UPA. ;' urban and 1 The City put forward a plan to annex.the unin- j`=4 tY P P � rural reserves ;, corporated Bull Mountain area of the TUSA to # voters in 2004. City of Tigard residents over- t that will whelmingly passed the measure, but residents in • the area to be annexed soundly defeated it, thus diCtate any if leaving the-status quo. Then in 2006 an incorpo- needed „ ration effort took place to form the City of Bull j Mountain and was again turned down by voters. future UGB + The issue,of unincorporated urban level develop- expansions." € ment gets more complex as Washington County t.., master plans areas 63 and 64 without answering - the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Until areas 63 and 64 can be included within a city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. Additionally,Washington County is collaborating with Metro jurisdictions to. identify urban and rural reserves that will dictate any needed future UGB expan- sions.. The provision and financing of public services and facilities to these areas.remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to.providing its residents with governance and urban services in an efficient and cost effective manner..Any expansion of the Comprehensive Plan I City of Tigard ! 14-3 • • Iry P p URBANIZATION City boundary must ensure that public,facilities and services:areadequate to support the area and those benefiting from-the.services pay their fair share. KEY FINDINGS:- ■ Metro'manages,the ezpanision of the Portland Metropolitan Urban;Gro\tlT Boundary • The Regioira!Urhau Gravth Gba/s and Olfeclites are intended to result in:more compact urban growth. ▪ The City of Tigard has entered into agreements with Washington County that identifies:the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of:the,:City's.currendy:identified Urban Services Area has been 'Urbanized,in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard,'will annex_.and provide services to urban growth.boundary expansion ,areas 63 and 64. ■ the provision.and financing of services to area 63 and.64 is a major growth management.question for the City. • ■ The City of Tigard is conimitted,to'managing urban growth wisely;and. providing:efficient and cost effective services to its residents. • The citizens of Tigard are concerned about-growth and its impact-upon.the community's natural resources,existing development,and public services. GOAL: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens.within the Tigard City.limits. PO,L.ICIES: 14=4 City,of.Tigara l' Coriiprehensive Plan P URBANIZATION 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or I3. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service.A.rea. 2. The City shall maintain, and amend when necessary,agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. • 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service.district, or expan- sion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and. administration CO the.City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict;and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. RECOMMENDED ACTION MEASURES: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. Comprehensive Plan I City of Tigard 14-5 • • C t r URBANIZATION ii. Coordinate the review of.land use proposals.in,the Tigard' Urban;Services Area With Washington County and;,maridate annexation of:development that requires City services. in Ensure the City is represented in planning:efforts for unincor- porated urban lands within the Urban Growth Boundary; iv, Regularly.review eXisting intergovernmental agreements with service,providers operating within the Tigard Urban Services Area and-propose amendments.as needed. v Encourage the City, County'and service districts to adopt compatible facility design:standards. vi. Coordinate the development and implementation of the • City's Public Facilities and Capital Improvement Plans with Washington County,service districts.and other-service providers within the Tigard Urban Services Area. GOAL: 14.2.; Implement the Tigard,Urban.Services Agreement through all reasonable. and necessary,steps,including the appropriate annexation of unincorpo- rated properties. POLICIES: 1. The City:shall assign a Tigardzoning district designation to annexed property that,most closely:'conforms to the existing.Washington County zoning.de§ignation for that property. 2. The City-shall.ensure that,capacity exists, or.can be developed, to provide needed urban Wel services to an area when approving annexation. 3. The City shall approve proposed'annexations based,on findings that the request A.- can be accommodated by the City's public facilities and services; and B. is consistent with..applicable state statute: 14-6 City of Tigard I ! Comprehensive PIan S • iii. r r URBANIZATION 4. The City shall evaluate anal ma}' :,t r w j,�. =wvd; = }` : '''C��l.�J Q encnura,;e that parcels at to :'; 4 ;. "The, ' , proposed annexations be included to: .. � S?a1 eMUt Ce St�� x • {dam'y 'k i j*4*t � :- yryy�. . A. avoid creating unincorporated 4 �;� ��3 /' � islands within the City-; ,=w, 5, ; �.� ;,, T rid 2-° t e 13. enable public services to be effi- � ( '� 2S�r5�D e J� ,.t(i1k ciently.and c tfectm Ll extended to � � 4tr4r ,,t , T�a�.� Ct+� Che. entire area; or Ps-i. „.,..,211-.1,>,.',,`,be developed. //�� J C. implement a concept plan or - k ' -,, !.,-_.. A M l,l'A[f"lC t r1 sub-area master plan ghat has (:'i F tO. rOVZ e. / 1 -� e_ j lo[ / �-{I C- �O been approved by the Planning ' ' . `; Commission or City'Council. , 'r- r. .ale-Let R . ,, 4 .. t, �r�+ ' 4 evel,'services to , S. The City shall maintain its right to `•`;a, � " 'I"f2-"-c-11511-grelz annex property erty as allowed by state §.' Gt dt o f"'ZPJ�;;!;;; % et told. - tr -01-e sumac. • II G. The City shall periodically,update ," ' ' �,• V and/or amend its Public hacilit3 flan w " C',�t�i- I n to ensure the predictable and logical = "� r . _� l v provision of urban services for areas u'1� anticipated to be within the'T'i;ard city limits. Gi l RECOMMENDED ACTION MEASURES: i. Periodically review and update the City's annexation methods , and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly° communicate and maintain a positive dialog with unin- corporated residents within the Tigard Urban Services Area regarding the benefits,associated with being a City resident. iii. Utilize and promote incentives,as appropriate, to encourage owners of unincorporated properties to annex to the City. CI mprchcnsive Plan I Cite of Tigard 14-7 • i^i. I. S2' URBANIZATION iv: Develop criteria and procedures to:encourage.and,when necessary, require owners of adjacent parcels to,also.annex to the City when,neighboring parcel(s) annex: GOAL: • 14.3: .Promote.Tigard citizens'interests in urban,growth:boundary expansion and other regional and state growth managerrient,decision. P'0LIC.TES: 1.. The City shall support regional and state growth management decisions, 'while promoting policythat.supports cities as the best building blocks of an efficient, stable,.and compact:urban.region. :2. The City shall support,regionalUrban:Growth Boundary management decisions that promote the development'of.fin efficient and compact 'urban form, prevent future unincorporated urban development;and prevent.urban sprawl. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses;in Its regional and town`centers and within major transportation corridors.to be.consistent with Statewide Planning.Goals and the Metro Framework.Plan. .4. The City shall only support the formation or expansion of service districts or special county funding levies if these actions.will not cause the expansion of unincorporated Urban areas. REC:O;M.M END ED ACTION' M:EASU.RES:: i. Encourage Metro to adopt requirements that new lands added to the Urlian Growtli.Boundary be'planned for.urbanization by existing cities and annexed prior to development: Work with the state;:Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to:the Urban Growth Boundary. 14-8 City of Tigard I! Comprehensive Plan • • "r 5, rr URBANIZATION iii. Encourage the.state and Metro to establish criteria for the formation,of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. • iv, Work with Washington County, its cities, Metro,and others to address: A. public service equity issues associated with unincorporated urban.development; and B. prevent blight conditions associated with underserved. urban development. v. Take an active role in discussions relating to state and regional efforts to develop equitable ways to fund public i infrastruc- ture needed to better provide for existing needs and support projected employment and population growth. Comprehensive Plan I City of Tigard 14-9 • • This-s haeter-addfesses-the-sencems-expressed tatewide ?taniti46eal"t/14: Urbanization, which-is"te-erev+de-feran-erdeFly-and-e#isient transition from rural to urban-laaduse." Tho. Urbaniaatien-goal-is-important"because-it-develees-a framework,within-whisk-all-development aetiviti. rdinated, and--it-integrates-and-balances-all-ef-#he-ether available land: recourses-in-terms of the-needs-expressed-by--ether-goals; namely-klum„g-Econo blic Facilities-and-Sala/ides, Natu pen-Spase;and ansps4latien: The.urbanization-goal-also-requires-an=allecatie rnedatian-ef-urban=expansion-daring" the=planning-p ened-(1 980=2000)-and-development of•-plans-to=arrange tho orderly and=efFieleRt transitien-fren-aFbanizable-land-to-urban-land: The4ndings,pelisies-an4 implea}er►tatien-strategies-atldfess=a variety of topics=related-to=,arbanlsaticn7 Policies-deseclbe-the-process-which-setisties he:-need-for efficient;-orderly 'and=logical-urbanization within=the=geegraphical-lirnits pf gard's Urban Planning-At-ea: Additional-infer-matien-en=this-topic-ts-available-in-ths'CGemprehcncivc Plan Report 4k-leanizatien" F-indings • Tho City of'Tigarrew-from 5,302 peeplo in 1070 to 11,286 peeple-in-1-980 (Census 1970 &, 4989)and-the-City-predicts that Tigacd-wiU-centinue4o-gcow to more than:double its current-& e bar-the-year.2800: The current-983-population-is 18,379. A.portion-ef-this--increase-is-4 ie-te" annexations- • The City limit's-have-e*panded-by-approxim ately IA cquare+niles-siaco 1970, to'its=pfesent-Cie of-apprs i±eately-8 -sgaare-miles • /Ill-lands-within-theg Area as wells-t -City Limits-have-been-designated for urban-land uses, and arc wholly-wi thin-the-Rartland-Metropolitan, Area Urban,-Growth. 8eundafy • The Tigarb-Comprehensive lan-isan-astive pl�,a aning-the-City-plans and designates-land. uses--within4ne- rgard Urban--Plafini g Area (T.U.P.A.). Washington--County retains legal- jufisdiction-aver.development-pfepssais, zoning=and-pubes-improvement=projects-eu~tside-the Sity4iniits bi4within-the T.U.P.A. Tigard-deer-have-Fight-ef.review=and-semment-an-prepesals and-projects-vwithin the T.U.P.A. • The area-within-the=Tiga rban-Planning Area;:but=eutsldo the cUrrentCity-Limits,.that -net; already-developed-to-urban-intensities-will-be-made-available-€er--u" Planning.Area Agreement-between-the City of-Tigafd-and-Washington--County, annexation o the=Gity-and-st rbsequent-develepment-prepesals4y-the-pr$pefty-e nets • The.City, is committed-to provi ding-urban-level-servicessr-the-ceordination-of-providing-these serviceth-the ppfepnate-se viseedistricts"=to ail-a i, . - its-boundaries- • The-intent of the City is=to-provide-ref-an=orderly-and-effcient-land-use-pattefiand:-urban sewises gish=aiast-be vailaalc at thetiiae=ef-develepRter t- • The timing;=leeatien-and-expa . f rt p asren-e its e#atien-systems-are-impa#a#-fasts fs of festing4titufe-ufban_iaation:. • The desired-develeptns44t-and-growth-pattern-for the Tigard Urban Planning-At-ea-id-to-be defined by a growth-manageme ., ion-of sewisec,streetsand-land use City of Tigard" 7 Goal.14:,.Urbanization Pla'ni►ing Commission Hearing _ ! CPA2008-00006 • • wJdel will-guide-te-tinning;-type-and-lesatien-ef-growth: - Te-assist-in-tine-finansing of stroet fasilittes-and-irnprevements,Tigard-hae-impeseda-Systems Developnont ChargeDC)-en-new-heusing-development- •=Major-trunk-iine-seweF service-in the Tigard-Urban-Rianning-Area-is-provided-lay-the-Unified Sewerage-Agenoy-(14,SA)-ef Washington-County-whisk-has-assumed-Phis-respenstbility-fer-the Oity's-as-well-as-that-of-eastern-WWashington-County; majer-sewage-system-since 1970. • Wator in the-Tigard acea-4c provided by the-Metagec-and4lgacd-Watec-Distciots. These-distsists purchase their-water from-Portland, Lake-Oswego-and-other-seurees: • An Urban-Planning-Area-Agreement-N-R4A)-between-Tigard-and-Washington-Geunty regarding land-use-planning-andanne-xatien=wasadepted-+n- 983 The-intent-ef-this.-agreement-is-te: a. Identify-the-urbaniaable-land-within-each jurisdietien-surreunding Tigard; b. Provide for orderly and-effiicient-transition-frem=ur-baniaable-land-te-urban-land; c. Providerpresess-fer-reviewing-the-land-use-designations etween=the-City-and-Geunty; d. Provide-fer-a-proses s-to-extendexisting=sewises;-and e. Providea--prp eels-€orannexatiens-ef-Iand-to-the-City: • The agreement requires-that-the=parti. us-issues;othew,rise the agreement-will lapse-en-January 1, 1984_ (or a later date if the-parties-extend-the-agreement)-and-the-1-989 agreement-between-the-paFties-is-revived: • The-city-does-net-h eheel-distracts--(Tiga distracts-de-we 'ng--ane--Deveteement--Depa ate-the enrollment-impact-ef-new-residential-development-in-theity: • The City-has-made-a-significant-effort-in•-ti e-past-te-manage-the-lacation-andd-typeof-growth, and-to-coordinate-this-growth-with-the-extension-ef:servises-and-expansion-of-faeilrties: • The-Dity-is-currently-in-the-process-o -includingall-of the"unincorporated-islands'within-the--city limits: 10.1 ANNEXATION OF LAND POLICIES 10.1.1- PR1^�THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO Ala e _ - - - er - - - • r • • a SERVE TH - • •" • - e • • - - - ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDE`�PED_i nND WITHIN THE CITY OF TIGARD. THE.SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; City of Tigard 8 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • 4 —S-TREETS; 5. POLICE;AND 6. FIRE PROTECTION. * by the tbe-z-eee-er44'-Gerriecetiensive-PlenT b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENT-S—P-Rcre,RAM ORDINANCE, THE. APPLICANT SHALL SIGN AND RECORD WITH THE FOLLOWING: 1. TH . e 7 • e e 'e_ • , • P. _ _ e ANY OF THE FOLLOWING:SERVICE'S THAT CDULD PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION-QR-IMRROVEMENT OFTHE FOLLOWING: 3) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE; SERVICES OR THE;INCLUSION OF THE PROPERTY INTO A SPECIAL _ _ e. '; • e - me •._ _ c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE BCVNIROP,JANNEXATI:ON, 10.1.2. APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL. BE e• • .11 • e - a a • - 13: THE ANNEXATION WILL NOT 'CREATE AN IRREGULAR BOUNDARY THAT' MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENG:Y-41-TUATION-Te DE-TERMINE-WHE-TH - _ - 7 OUTSIDE THE CITY; c. TH -e - • ' - ' - -e, , • - e -EANNEXAT-IQN; d. TH- • - e- • e - • - -• r LI• , -• • • INGARE4,AND IS CONTIGU.OUS TO THE CITY BOUNDARY, 10.1.1(3). GCA-1:34-ZONING-DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY CONFORMS TO THE COUNTY ZONING.DES (Rev. Ord.81 21) City of Tigard .9 Goal 14:Urbaniiation Planning Commission Hearing CPA2008,00006 • • e _ • _ e• e- _-- . _ _ e_ _ PE THE CITY LIMITS POLICIES . __ . . _ •. - • _ e, e - • 3. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN-SUBMITTED TO THE CITY; OR b. 'WHERE A NO• -_ e, - _ . • - e . -. e - • • _'R c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS _ _• - e - • - - -• • e- • • -EALTH HAZARD. SEWER LINES OUTSIDE OF TH - - -- • e - P- - - CAPACITY BELOW THE.REQUIRED LEVEL.FOR AREAS.WITHIN THE CITY. 10:2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE C —LIIT.,,TST-TH . -- . -• - ALL DEVELOPMENT - . -- - • '• - - _- - • AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE _ • • 9T 3. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO e • - -- • • ' - • • 9 • 4,9_; e R b. PRECLUDE THE SUBSEQUENT D€VEL-9` • e - 'e-• e ' PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE T-IG. .e . - • _ , , . ..-- • - • . • _ ORDINANCE-24 - 3. LAND USE; b. DENSITY; d. STREET ALIGNM€NT�AND IMPLEMENTATION STRATEGIES 1. Tho City chall--eheeawage-all-ef-the-dibaaizable-Iand-vdithin-Tiga ing-Afea-te-be withie4he-Gity4imite7 2. The City shall--d+Fect its anflexatien-ellsies--to—een#e withAped e—Guy's Gen}pcehensive-Plan City of Tigard 10 Goal 14:Urbanization • Planning Commission Hearing CPA2008-00006 I 3, The-City shall-ehase-annexatiens-te-allow-fer-the-inoOreenetien-Of7Orbanizable4andanner that is consietent-with the Ccireprebenelyepiclind-ttie-Llreari planning-AreaLAgreernentancl. te-girevirie-fer-erderiy-fransitien-ef4irban=serviees:- . The-Gity7-snall-werli-tsiward-est*ilishirig-a7yverkable7-ieintiy--aepreyerl-grel*n-naanogernenp agreementwith-the-Washingten-teuntY,--The-agreernent shall-assure4ha# a. cirban-develeprnent=insidegard-Wrban-Rianning Area wIll=be-eneetiregee4e- anne40e-tne-.Gity‘ef--Tigar4: b. Signifitar4-differentes-beLween-CitylGeunty-CornprenentiveRlan-pelities-are-reseneiled for the unineerporated-areas-*Ithin-the.Urban-Planning Aroa 5--Land-use-clesignatienc, if not aiready-designated,:thall-be-assigned-te-p4peted-annexation. areas only after a thorough study adrirestingstatelAilde-,Rlanning -Goeler-antl City and neighbarheecl-needs-have-been-completed-and-adopted by-tne-Gify: 6. ThO-Gity-thail-atteptenteuragend-assisttin-the-pregeratien-ef-annexaLlein=preeeealS4if-all levels-within-ile-Lirean-Rlanning Area(UPA). 7 --The;-Gity-shall-astively--teeli-te-inekide-aluninearporated-islanclereas4nie4ne7eity-.- .D. Tho,City Shall-pc evide a caelial-irnOrevernent-elan4C-1-R)4het4ii4rEirAptitne-riesieleenler:if-ef terviees-and-fatilities-in-thesoareas-whith-are-niest-presluetiv&in-ine-ability4e-previsfo-needed héusiAg jobs andee efela4seMse_eppei:tuRities in conformance with the polibies-ef- he Genierehientive-Plan. The CIP shall-ernOnat4e4ne-prOitien-sf-needee4eryitet-in Ottablitned riletriete-and-thessareas-passeri-ever-by-i4rban4eveleernent, D. The city 61.011 cc perate iitftWasington Count d-atlsØdcidistrictc chare in the exchange ef,information-eitHelanning-aetienshien-have-interjuritifietienal-intipaets,--Ample-eppertunity-fer' review-and-torernent chall-be-given-priar to final4etien-b.y-a-4ty,eattrityer-tbeeiel-dietriot-polity inalcing-bo8y-on-a-iiiat1er4f-rnettial=teneern7 10. The City and-Qeonty-will-nagetiate-tne-e*itting-Urban Planning Area agreernent-iNhieh-respende te,the-needs-efrboth-the-City-and-Getini 10.3. ANN_ ` - - - - Tf` ' g0ArH310UNIDARY POLICIES LIREANLALP444144:, , - ' ' e - CONSISTENT WITH PO - e • e - - AG! • - ' t' -E cot.).wry, 1O.32 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD-LIRBAN-RLANNING ARMN-A-MANNER WHICH WOULD RESULT IN AN IRREGULAR PLANNING-ARE-A City of Tigard 11 Goal 14:Urbariiiation Planning Coininis6on CPA2008-00006 • • Agenda Item: 5_2 Hearing Date: October 6,2008 Time: 7:00 PM STAFF REPORT TO THE _ ' PLANNING COMMISSION THE CITY OF TIGARD, OREGON AF WARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00006 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement;Land Use Planning;Parks,Recreation,Trails, and Open Space;Public Facilities and Services;Transportation;and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1,2, 8, 11, 12,and 14. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds this request to meet the necessary approval criteria. Therefore, staff recommends that the Planning Commission RECOMMENDS to the Tigard City Council that it amends the Tigard Comprehensive Plan as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 1 OF 17 • . SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams moved at their own pace, Staff brought a series of Comprehensive Plan Amendments (CPA) through the legislative process over the past year. Each CPA corresponded to a Statewide Planning Goal that is applicable to Tigard. The CPA strikes the appropriate language from the existing plan and replaces the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Urbanization (Goal 14). The Planning Commission held a joint meeting with the City Council to discuss current issues related to Urbanization. The Commission then acted as host to two Policy Interest Team meetings where they worked with citizens to discuss and formulate the draft goals, policies, and recommended action measures. The Planning Commission and citizens were comfortable with the language and found consensus to bring the language to public hearing for recommendation at this point. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STA IEWIDE PLANNING GOAL 14 PAGE 2 OF 17 • Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is part of a series of amendments that has updated the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 14 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's land use planning program. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 3 OF 17 • •� The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Citizen Involvement o Land Use Planning o Parks, Recreation,Trails, and Open Space o Public Facilities and Services o Transportation o Urbanization • Applicable Metro Standards o Title 11 • Statewide Planning Goals o Goals 1,2, 8, 11, 12, and 14. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 4 OF 17 • • Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 5 OF 17 • • Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 6 OF 17 • • commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: This policy is satisfied through the clear direction given by all goals and policies included in the proposed amendment. The City's position on the annexation of property, its support of regional and state growth management decisions,its plan to accommodate more intense urban land uses in Metro designated centers/corridors, and the proper planning and delivery of public services is clearly stated throughout the language. All of the aforementioned subjects are a vital part of the City's land use program. The goals and policies, specifically Goal 14.1, policies 2, 3, and 5 and Goal 14.2, policies 3 and 6, also show compliance with Statewide Planning Goal 2 that requires planning coordination and Oregon Revised Statute 195 that requires urban service coordination. Goal 14.3 and its associated policies address serving the interests of the citizens of Tigard. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. This policy is satisfied. Policy 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. Findings: The language included in the proposed amendment, specifically Goal 14.3, Policy 3, is consistent with this policy. The proposed policy states the City's position to accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with the Metro Framework Plan. This policy is satisfied. Policy 13. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected to be within the City limits during the planning period. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this policy. The proposed policy states the City's position to periodically update STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 7 OF 17 • • and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. This policy is satisfied. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan relative to Statewide Land Use Planning Goal 14: Urbanization. The primary intent of the update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 8: Parks, Recreation,Trails, and Open Space Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents, including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policy 11. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize funding and facility resources, and improve park and recreational opportunities. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5, is consistent with this policy. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. This policy is satisfied. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5, is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the stormwater system. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 8 OF 17 • • Policy 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 6, is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the wastewater system. This policy is satisfied. Policy 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policy 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan is required by Statewide Planning Goal 11 (OAR 660-015) and describes the facilities and funding needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 3, is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies and districts to plan and locate facilities in the best interest of all, and to ensure the proper infrastructure exists to support the facilities. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 9 OF 17 • • Topic 8: Transportation (Original Comprehensive Plan format) Policy 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date.The Public Facility Plan describes the facilities and funding, including transportation, needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 8.2.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE,REGIONAL AND LOCAL JURISDICTIONS. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 3, is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies in the planning process for the region's multi-modal transportation system.This policy is satisfied. Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. * Most intense use allowed by the conditions of approval,the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 10 OF 17 S • c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF UNINCORPORATED TERRITORY;OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION,THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING DESIGNATION. (Rev. Ord. 84-21) Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA) LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY;OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. Policy 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS,THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS;OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING ORDINANCES: a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. Policy 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 11 OF 17 • • URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. Policy 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING AREA IN A MANNER WHICH WOULD RESULT IN AN IRREGULAR PLANNING AREA AND INEFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES. Findings: Current Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2 will be deleted and replaced in their entirety by proposed amendment Goal 14.1, 14.2, and 14.3 and the associated Policies (see Exhibit A). Updating the goals and policies is consistent with the post acknowledgement plan amendment procedures as outlined in Oregon Revised Statute 197.610-625 and Oregon Administrative Rule 660 Division 18. This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 14 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, and reviewed by affected agencies, including the Oregon Department of Land Conservation and Development. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 11: Planning for New Urban Areas — require and guide planning for conversion from rural to urban use of areas brought into the UGB. It is the intent of Title 11 that development of areas brought into the UGB implements the Regional Framework Plan and 2040 Growth Concept. Findings: The City is committed to implementing the Metro Urban Growth Functional Plan. The proposed amendment confirms this commitment through the goals and policies contained within, particularly Goal 14.3, Policies 1, 2, and 3. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept. Title 11 is satisfied. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 12 OF 17 • • Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team (hosted by the Planning Commission), and submitting written comments via the website. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 8—Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and,where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5, is consistent with Goal 8. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. These measures endeavor to satisfy the needs of all citizens and visitors. This goal is met. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 13 OF 17 • • Findings: Goal 11 (OAR 660-015) requires cities with a population greater than 2500 persons to develop and adopt a public facility plan. The City is in compliance as it adopted the Tigard Public Facility Plan in 1991 as part of periodic review of the comprehensive plan. Oregon Revised Statute 195 also requires units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2500 persons to enter into urban services agreements. The City is in compliance as the Tigard Urban Services Agreement was signed in July 2006. The proposed amendment, specifically Goal 14.1, policies 2 and 5, directs the City to maintain agreements with Washington County and service districts to define provision roles, to coordinate plans and programs, and to maintain consistency with the adopted public facility plan. Goal 14.2, policy 6, further directs the City to periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Based on the City's current compliance and its commitment to continue compliance with Goal 11, the goal is met. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this goal. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding needed, including transportation, to support the land uses and densities designated in the Comprehensive Plan. Goal 12 is met. Statewide Planning Goal 14: Urbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: Goal 14 requires the establishment of urban growth boundaries (UGB) and outlines the parameters for amending the boundary. UGBs control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Amendments to the UGB must be adopted by all cities in the Metro region, including the City of Tigard. The Metro UGB is currently in compliance with Goal 14, as are the City's comprehensive plan policies. The City is committed to continued compliance with Goal 14. The proposed amendment confirms this commitment through the all goals and policies contained within. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept and Metro Functional Plan Title 11. The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 14 OF 17 • • CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Current Planning Division, Administrative Department, and Police Department has had an opportunity to review this proposal and have no objections. The City of Tigard's Public Works Department had an opportunity to review this proposal and had the following comments. Goal 14.1, Policy 1 is not consistent with the Tigard Water District/City of Tigard IGA. Findings: This policy states the City will not approve the extension of City services without annexation approval. As the City currently provides water outside of its boundaries through intergovernmental agreements with Durham, King City,and the Tigard Water District, additional language was added to explicitly state the current circumstances. The addition of the language also addresses the deletion of Policy 4, under Goal 14.3. The City Attorney reviewed the language change and advises the policy is now consistent with the City's current water provision and does not create conflict with the existing intergovernmental agreements. Staff recommends the Planning Commission accept the changes. Goal 14.3, Policy 4 is not consistent with our current IGA with the Tigard Water District. Findings: This policy was removed based on the Public Works comment. The policy language was incorporated into Goal 14.1, Policy 1 as outlined above.The City Attorney reviewed the deletion and advises the language is now consistent with the City's existing intergovernmental agreements. Staff recommends the Planning Commission accept the deletion. CONCLUSION: Based on comments from City staff, and the changes made based on the advice of the City Attorney, staff finds the proposed amendment does not interfere with current service provision or the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1,District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Water District STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STA"1'EWIDE PLANNING GOAL 14 PAGE 15 OF 17 • • Tualatin Valley Fire & Rescue Tri-Met Transit District The City of Lake Oswego and the City of Tualatin had an opportunity to review this proposal and have no objections. Clean Water Services had an opportunity to review this proposal and had the following comments (Exhibit B): We recommend following any and all relevant provisions of the current Intergovernmental Agreement between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available online) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. Findings: The Clean Water Services Design and Construction Standards implement Metro's Title 3 requirements through a jurisdiction's development code. The City of Tigard has adopted the Standards into the Tigard Community Development Code. Policy language is included in the Tigard Comprehensive Plan under Goals 6 and 11 that direct the City to comply with all state and regional standards,which includes the Clean Water Services standards. Therefore, staff recommends not including any further language in this proposed amendment. CONCLUSION: Based on responses from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 16 OF 17 • • &IS September 19, 2008 PREPARED BY: Darren Wyss DA 1'r; Senior Planner / 1 • . •/i.%1J.:6c._ September 19, 2008 APPROVED BY: Ron Iunc" DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 17 OP 17 • 41, III LAND U SE PRO POSAL DESCRIPTION T,i GARD. 120 DAYS =N/A FILE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 FILE TITLE: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. LOCATION: Citywide ZONE: All City zoning districts APPLICABLE Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters REVIEW Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public CRITERIA: Facilities and Services; Transportation; and Urbanization; Metro Functional Plan"Title 11; and Statewide Planning Goals 1,2, 8, 11, 12, and 14. COMMENTS SENT: July 25,2008 DUE: August 8, 2008 DATE DLCD NOTICE WAS SENT: May 2,2008 DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III Z TYPE IV Z PLANNING COMMISSION (MON.) DATE OF HEARING: August 18, 2008 TIME: 7:00 PM Z CITY COUNCIL (TUES.)DATE OF HEARING: October 7, 2008 TIME: 6:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION Z PROPOSED ORDINANCE/AMENDMENTS Z STAFF REPORT Z DLCD NOTICE VICINITY MAP ❑ SI"I'1✓PLAN STAFF CONTACT: Darren Wyss,Associate Planner (503) 718-2442 Agenda Item# Meeting Date October 14,2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Public Hearing for Comprehensive Plan Amendment CPA2008-00006 - Update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. Prepared By:_ . Darren Wyss Dept Head Approval: ice City Mgr Approval: lJ� ISSUE BEFORE THE COUNCIL - Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment (CPA2008-00006) to update the goals, policies, and recommended action measures applicable to Statewide Planning Goal 14? STAFF RECOMMENDATION Approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to update goals,policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. KEY FACTS AND INFORMATION SUMMARY The proposed Urbanization chapter included in the amendment is a result of Council's direction to complete a full update of the Tigard Comprehensive Plan. The updated chapter is based on the inventory and facts included in the Tigard 2007 resource document and current circumstances surrounding urban growth boundary decisions (Urbanization Summit and Urban/Rural Reserves Process). Additionally, staff reviewed relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the expressed values and attitudes of the hundreds of citizens who participated in these efforts were incorporated into the update of the Comprehensive Plan. Council's direction to update the Comprehensive Plan also stressed the importance of garnering citizen input. The opportunity for input was presented at two Policy Interest Team (PIT) meetings hosted by the Planning Commission. The Planning Commission acted as the host for the Policy Interest Team meetings as staff felt this was important to the process because the Commission is directly involved in implementing the City's growth management program. By hosting the PIT meetings, the Commission was given the opportunity to fully understand the concepts and information before reviewing the information in the public hearing setting.The Commission,the PIT, and staff found consensus on draft goals, policies, and recommended action measures through consideration of the technical information, previously expressed values and attitudes, and concepts presented at the PIT meetings. Subsequently, the Planning Commission held public hearings on August 18, 2008, and October 6, 2008. The Commission recommended the Council adopt the updated chapter (Exhibit A) included in CPA2008-00006. i Like all updated Plan chapters that will come before Council,it is important that the Urbanization chapter be technically sound. Therefore, during the development of the chapter, a Department Review Team was involved to determine its technical accuracy and conformance with applicable laws and rules. In addition, the updated chapter was sent to state I:\LRPLN\Council Materials\2008\10-1408 CC Hearing CPA 2008-00006 AIS.doc 1 411 and regional agencies for review. Those comments, and staffs replies, are available in the Staff Report to the Planning Commission (Attachment 2). The intent of the updated chapter is to provide Tigard a much better foundation on which to prepare ordinances, associated plans, development standards,programs,and intergovernmental agreements.This is necessary to provide the tools needed to develop and implement an effective land use and growth management program. The successful management of these programs is essential to a high quality of life and the health, safety, and welfare of the community. The proposed chapter provides a necessary update to the current language in the Comprehensive Plan,which is out-of- date and limited in scope. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update their plans to reflect current conditions, regulations, and information relating to the Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with the Statewide Planning Goal 14 through goals and policies that act as the basis to manage, maintain, and expand the growth management program of the community. City Council reviewed the amendment at a September 9, 2008 workshop meeting. The Council asked for clarification on two policies and suggested a word change in another. Staff consulted with the City Attorney to rework the language (Attachment 3),which was then recommended by the Planning Commission at its public hearing on October 6, 2008. OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission recommendation and adopt CPA2008-00006. 2. Modify the Planning Commission recommendation and adopt CPA2008-00006. 3. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration at City Council. CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Ordinance approving Comprehensive Plan Amendment 2008-00006 Exhibit A: Tigard Comprehensive Plan Amendment (Statewide Planning Goal 14) Attachment 2: Staff Report to the Planning Commission Attachment 3: Memo to Planning Commission—September 19, 2008 Attachment 4: Planning Commission Minutes—August 18, 2008 Attachment 5: Planning Commission Minutes —October 6, 2008 (these minutes will be distributed prior to the October 14, 2008 Council Meeting.) FISCAL NOTES N/A I:\LRPLN\Council Materials\2008\10-1408 CC Hearing CPA 2008-00006 AIS.doc 2 4PITY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 08- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Topic 10 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 14; and WHEREAS, the Tigard Planning Commission held a public hearing on August 18, 2008; and WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance with City standards, on October 6, 2008, and recommended approval of the proposed CPA 2008- 00006 by motion and with unanimous vote;and WHEREAS, on October 14, 2008, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2008- 00006; and WHEREAS, on October 14, 2008, the Tigard City Council adopted CPA 2008-00006 by motion, as amended, pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2008-00006 is based on the findings and conclusions found in the City of Tigard staff report dated September 19, 2008, and the associated record, which are incorporated herein by reference and are contained in land-use file CPA 2008-00006. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in "EXHIBIT A"; and SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 08- Page 1 of 2 PASSED: By vote of all Council members present after being read by number and title only, this day of , 2008. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2008. Craig Dirksen, Mayor Approved as to form: City Attorney ORDINANCE No. 08- Page 2of2 • • .Agenda Item No. 3. ) ;'t: . Council.Meeting,of /I,a5,DS .:114 4 City of Tigard Lc„4;. N,' Tigard Business Meeting Minutes ..._ f n:: TF..:.,'"... „...... .....e...«..._.._u....__i:}:.,..c'<itG'F.i...»:.U:",w:'.ie"v,.�..'t:X06"".'......:.L:`.:.�SiY'—E"7„. .._x_.L..L-::.au ;'f::...'iE-+ sT�?}:2'.i;'7'P.;;:l:... TIGARD QTY COUNCIL&LOCAL CONTRACT REVIEW:BOARD(LCRB) MEETING DATE/TIME: October 14, 2008; 6:30 pan. StudySession; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 Mayor Dirksen,called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen. ✓ Councilor Buehner ✓ Council President Sherwood ✓ Councilor Wilson ✓ 'Councilor Woodruff ✓ Staff present: Assistant City Manager Newton, City Attorney Ramis,Community Development Director Coffee, Assistant Community Development Director Bunch,Senior Planner Nachbar,Senior Analyst Collins, City Recorder Wheatley STUDY SESSION Track 1 • Briefing on Membership in the Oregon.Economic Development:and Community Development Department Brownfields Coalition Assessment Initiative Senior Analyst Collins advised staff was requesting authorization to become a part the Oregon Economic and CommunityDevelopment Department(OECDD) Brownfields Coalition. This would be a partnership among OECDD and other.jurisdictions and agencies to have access to assessment grants. This would pertain to properties,in the downtown identified for redevelopment within the urban renewal district. She advised that.OECDD is applying for an EPA$1.million grant. Half of the grant will be allocated to hazard substance assessment and the other half will be for petroleum based,grants. OECDD approached the City of Tigard in their'search for partners.. The proposal is structured around Main Street programs. There will,be no cost to the City of Tigard; OECDD will handle the distribution of.the.grant money and comply with reporting requirements. Senior Analyst Collins advised.that a list of sites has been identified. She distributed a map of the property and reviewed the five sites including the following properties: Stevens Marine,Dog Park, and the Public Works Annex. Mayor Dirksen said he met with a representative from the EPA at the League of Oregon Cities Conference. During this:presentation,the representative advised that there.is money available to TIGARD CITY COUNCIL/LCRB MINUTES _ OCTOBER 14, 2008 ary of'Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 14 • • deal with brownfields issues. Cities were urged to form partnerships to apply for grant funds. Mayor Dirksen suggesting adding another site: the site near the library contaminated with arsenic. The EPA representative said the library site,was close enough to the other sites in the downtown area that it could be considered. In response to a question from Councilor Wilson,Senior Analyst Collins advised that assessments have not been done on these sites. Mayor Dirksen corrected that an assessment has been done on the library site. Senior Planner Nachbar added that some work has been done on the Stevens Marine site; there is contamination and follow up studies.and mediation work will be required. He said OECDD is tying this to the Main Street program. Tigard is not a formal member of the Main Street program yet, but we have one year to decide whether to become a member.It is not clear if membership of the Main Street program would be a requirement to participate in the Coalition. The authorization to proceed is on the City Council's Consent Agenda tonight,Item 3.8. Track 2 ■ Receive update on City Center Advisory Commission(CCAC) Recommendations regarding Downtown Organizational Leadership- Community Development Department CCAC Chair Alice Ellis Gaut presented the update. Council received a Research Report on Dowitoun Assccatiora in argon prepared by the City Center Advisory Commission Subcommittee on Leadership Capacity in Downtown. This document along with another document prepared earlier in the year by Marcus Mead in the Community Development Department represents the baseline research into the overall question of how to proceed with the Leland report on the recommendation to encourage a strong downtown association. Chair Ellis Gaut said a number of alternatives were identified in the data in these two documents. Tigard,is unique when looking for comparables;although we have a fairly large population and budget,the downtown area is representative of a much smaller city. She said finding the right fit for us will be an organic process. The reason the CCAC reviewed this was due to the Leland recommendation that this is a priority The CCAC decided these types of things take time to develop and it did not want the City to be in a situation of establishing roles for a downtown association with the City of Tigard after redevelopment was well underway. Chair Ellis Gaut reviewed the CCAC process to approach identifying the downtown organizational leadership. Six categories were identified as areas for further exploration to help spur downtown redevelopment and to congeal the support and interest among the business people. After that, the CCAC looked at questions needing answers. The first question relates in some measure to determining whether a downtown association is necessary and desirable;will it make-or-break the success of an urban renewal process. This seems to be the most important question to frame correctly. Once it has been established as to what the question should be,and if the answer is "yes," - it is necessary and desirable- then we would need to move onto addressing what this would look like.. If the City is going to partner in supporting the downtown association,then what would that. look like; i.e.,in-kind support,funding,etc. - Chair.Ellis Gaut advised Tigard Central Business District Association (TCBDA) members were present during the above-noted discussion. They offered their views. At this time,the most TIGARD CITY COUNCIL/LCRB MINUTES OCTOBER 14, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 14 • • significant'things during the initial analysis are about the kind of relationships hoped for with downtown business and property owners — how these could be developed and strengthened.. Chair Ellis Gaut noted interest in the previous presentation regarding a grant to address,browrifields and whether joining the Main Street program will be required. If Tigard must join the program; then their research has indicated that an association would be needed. The ultimate question will likely be "Who wants to be.that association?" Councilor Woodruff asked:if Tigard Central Business District Association has taken a position? Chair Ellis Gaut said there has been a lot of input; however,she.said she did not think a position had been stated. TCBDA inember.Marland Henderson.said.the TCBDA was.waiting for the CCAC. to go through its process and reach a decision. Councilor Wilson questioned what decision'was being contemplated. Chair Ellis Gaut said this is not what they would.envision;that is,that they would be making"a decision'." Councilor Wilson said we could encourage something to happen, but the City will not necessarily be "running the show." The whole idea is that the downtown association would be independent. Chair Ellis Gaut said she thought Mr:Henderson was referring to What would be needed to Support anassociation and.not a decision about whether there should be an association. Mr.Henderson said the TCBDA would very much like to work with the City and there are many parts to consider. He said he thinks it is coming together-with regard to establishing a working relationship; however,some things need work Council President Sherwood asked if there would be one or two associations; that is,would everyone belong to TCBDA orwould there still be two different groups working in the downtown. Mr. Henderson said that while he is not looking for"Utopia," he believes there is a way we could. work together. At times,money issues seem to become a problem. More than anything,working together is the most important to determine what the business owners'-needs are.. Councilor Buehner noted concern that during the process efforts are made for an affirmative outreach to the business and property owners-who are not actively-involved in the current organization. Chair Ellis.Gaut said plans are to obtain input froth.a broad.cross-section of businesses'. Councilor Wilson said interest must be generated among people who areless involved. It appears that there are three groups.of people: 1.People who own property;but do not have businesses in the downtown; 2.Business owners who do not own the property,but are concerned about business vitality, 3. Owners who do not see themselves fitting in the long-term scheme. The third type might be an investor or decide to sell to an investor. While it is good to have the current business owners talking to each other and to the City,what we really-want is forpeople to,decide to redevelop; otherwise,nothing will happen. Councilor Wilson suggested a major goal be set to reach out to passive owners. Mayor Dirksen said we need to give everyone-an equal opportunity and then they will choose at what level they wish to engage. Councilor Woodruff said the Council does not care as much about the methods as the outcome. We all want to have, as much as possible,people getting on the "same page" and to move forward with as much speed and effectiveness as possible. He noted that it looked as if'the CCAC has done a lot of work on their approach. Mayor Dirksen added he needed time to review the Subcommittee report. Chair Ellis Gaut explained the document is a survey accompanied with analysis exploring TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of 14 • • various models in cities of comparable size. The previous document prepared by Marcus Mead also looks at downtown associations: what do they look like,how are they funded,etc. Chair Ellis Gaut said they will continue to try to learn from people who are not involved- what are they thinking about. She referred to a meeting held last April where consultants were asked about downtown associations and the various ways they have been utilized in Oregon; that is,what works and what does not. More people than usual attended.this April meeting,although not a majority of the downtown business owners. Councilor Woodruff commented that we have learned that no matter how much we have' communicated,it never seems to be enough. All of us have to think every single time,"What is the maximum that we can do to get people involved?" ADMINISTRATIVE ITEMS: The following item will be moved to the City Council agenda of October 28, 2008: Receive update on Contract for Construction Documents,Permitting,Bid and Construction Services for Lower Fanno Creek Park- Community Development Department In response to a question from Councilor Buehner about the re-meandering of the creek project by Clean Water Services, Senior Planner Nachbar advised this has been delayed because of the time it took to get the Corps of Engineers'permit. Clean Water Services plans to move ahead next spring. Senior Planner Nachbar commented that this would work well with phasing the City's park improvements with this Clean Water Services project. At this time,it looks as if everything will move forward. We are moving ahead with the Stevenson property acquisition,this property is necessary for the re-meander. Councilor Wilson asked if the Parks Board is reviewing these plans? Senior Planner Nachbar said he was not aware of a review by the Parks Board. Their plans were incorporated into the Master Plan and Walker Macy and the committee have reviewed and incorporated them into the Master Plan. Councilor Buehner said the plans should be given to the Parks Board. Councilor Wilson agreed. Councilor Woodruff pointed out that the City Council will be talking to the Parks and Recreation Advisory Board next week. Councilor Buehner said the Parks Board members should review pertinent information before next week's meeting. Mayor Dirksen said we need the PRAB to keep a running review of activity. Senior Planner Nachbar said he would contact the PRAB Chair. Councilor Wilson said he would also want to have neighbors be provided with the opportunity to see the plans before it happens. Councilor Buehner suggested a detailed article in the Cityscape. Track 4 Mayor Dirksen reported on the Governor's Transportation Vision Task Force. A draft document has been produced and the Mayor prepared a summary,which he distributed to the City Council. A copy of the summary is on file in the City Recorder's office. He asked the City Council to review this summary. Council briefly discussed the TriMet board meeting to be held in Tigard next week. The Mayor and Council members indicated they would attend. TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 Qty of'Tigardi 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov Page 4 of 14 • • • Councilor Buehner advised that the Holiday Inn (used;to,be the Sherwood Inn)opening°is October 15. Council President Sherwood,said she would attend. • Council members agreed to cancel.the December 23, 2008,City Council ineetirig. The December 16,:2008,meeting can be a workshop/business meeting. • A proclamation for Red Ribbon Week was added to tonight's business meeting; Caty Council received a copy of the proposed proclamation. • The November 11 City Council meeting is cancelled;this is Veterans Day and City offices will be closed. EXECUTIVE SESSION: Not held. Study Session concluded: 7:02 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order.at7:30:20 P.M 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Council President 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: PROCLAMATION— RED RIBBON WEEK: Mayor Dirksen proclaimed the week of.October 23- 31, 2008, as Red Ribbon Week encouraging all citizens to participate in the effort to keep children free of tobacco, alcohol, and other harmful drugs through education and partnering with teachers and parents. 7:32:40 PM 2. CITIZEN COMMUNICATION • Tigard High School Student Envoy Alexa Kanbergs presented a report on activities at the high school. A summary is onfile in the.Qty Recorder's office. • Citizen Communication—.Sign Up Sheet: No one signed in. 7:34:42 PM • Follow-up to Previous Citizen Communication: Assistant Qty Manager Newton reported on follow-up to City Council's Fifth.Tuesdaymeeting of September 30,2008: TIGARD CITY COUNCIL/LC:RB MINUTES - OCTOBER 1452008 City of Tigard 13125SW Hall Blvd.,Tigard,OR 97223 I 501-639=4171 www.tigard-or.gov I Page 5 of 14 • • ✓ Windridge Homes Subdivision regarding a tree mitigation issue. Community Development staff met with the representatives of Wmdridge Homes and theyhave reported they are satisfied with the direction. ✓ The Tigard Clamber of Commerce requested consideration for a City contribution of$1,000 for the annual tree lighting celebration. This is scheduled for City Council consideration on October 28,2008. 7:35:43 PM Mayor Dirksen reviewed the Consent Agenda: (Item 3.7 c removed from the Consent Agenda and considered by the City Council on October 28,2008.) 3. CONSENT AGENDA 3.1 Approve City Council Minutes for August 12 and September 9,2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Fifth Tuesday Notes from September 30,2008 3.3 Approve First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition (WRWC) and Authorize the Mayor to Execute the Agreement 3.4 Establish an Urban ForestryMaster Plan Citizen Advisory Committee for the Urban Forestry Master Plan-Resolution No.08-59 A RESOLUTION,ESTABLISHING A CITIZEN ADVISORY COMMIT E TO GUIDE THE PREPARATION OF THE URBAN FORESTRY MANAGEMENT PLAN AND DECIDING THE MEMBERSHIP OF THE COMMI'1"1EE 3.5 Approve Budget Amendment#09-04 to Recognize Receipt of Federal Grant Funds and Make Corresponding Appropriations for Tigard Turns the Tide Grant;Years 1 and 2- Resolution No.08-60 A RESOLUTION TO APPROVE BUDGET AMENDMENT#09-04 TO RECOGNIZE RECEIPT OF FEDERAL GRANT FUNDS AND MAKE CORRESPONDING APPROPRIATIONS IN THE COMMUNITY SERVICES PROGRAM(POLL DEPARTMENT) FOR TIGARD TURNS THE TIDE GRANT 3.6 Approve Budget Amendment##09-05 to Recognize Receipt of Federal Grant Funds Through the Tigard/T»alatin School District and Make Corresponding Appropriations for the Safe Schools/Healthy Students Grant in the Community Services Program(Police Department)-Resolution No.08-61 A RESOLUTION TO APPROVE BUDGET AMENDMENT#09-05 TO RECOGNIZE RECEIPT OF FEDERAL GRANT FUNDS THROUGH THE TIGARD/TUALATIN SCHOOL DISTRICT AND MAKE CORRESPONDING APPROPRIATIONS FOR THE SAFE SCHOOLS/HEALTHY STUDENTS GRANT IN THE COMMUNITY SERVICES PROGRAM (POLICE DEPARTMENT) 3.7 Local Contract Review Board: - a. Award Contracts to SR Design LLC and Cascadian Landscapers,Inc.,for As-Needed Tree Planting Services and Authorize the City Manager Execute the Contracts b. Award Contract to All Seasons Ground Care for Landscaping/Ground Maintenance Services at various City buildings and Authorize the City Manager to Execute the Contract TIGARD CITY COUNCIL/LCRB MINUTES OCTOBER 14, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard;OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 6 of 14 • • c: Award Contract to.Walker.Macy to Produce Constiuetien- octimentS-Etil d m=g Send Authorize the Ci. Maria^cr to.Esccutc thment 3.8 Authorize the City to Become a Member of the Oregon Economic&Community Development Department's Brownfields Coalition to Obtain Grants for.Assessing Properties Identified for Downtown Redevelopment- Resolution No.08-62. A RESOLUTION APPROVING THE CITY OF TIGARD'SSPARTNERSHIP WITH THE OREGON ECONOMIC&COMMUNITY DEVELOPMENT DEPARTMENT BORWNFIELDS COALITION Motion by Councilor Wilson,seconded by Council President Sherwood,to approve the Conserit.Agenda with.Item 3.7c.removed. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes 4. LEGISLATIVE.PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008=00006 -UPDATE THE GOALS,POLICIES AND RECOMMENDED ACJI1ONMEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14:, URBANIZATION REQUEST: To amend the current Comprehensive Plan Topic 10:Urbanization by updating the goals, policies and recommended action measures'to reflect current community conditions and values.The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov/code_amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18:390; Comprehensive Plan Chapters Citizen Involverrient;Land Use Planning;Parks,Recreation,Trails,and, Open Space;Public Facilities and Services;Transportation; and Urbanization;.Metro Functional Plan Title 11;and Statewide Planning Goals 1,2,8, 11, 12,and 14. 7:38:53 PM a. Mayor Dirksen opened the public hearing. b. City Attorney"Ramis read a statement outlining the rules of procedure for this hearing. '7:41:23 PM c. Declarations or Challenges - Does any Council.member wish to declare or discuss a-conflict,of:interest.or abstention? None were declared or discussed. d. Assistant Planner Daniels presented the staff reporttregarding the Comprehensive Plan amendment before.the City Council. She outlined the process followed to prepare the proposed ordinance: TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 ( 503-639-417.1 I ivwv.tigard-or.gov I Page 7 of 14 • • ✓ The Planning Commission hosted two Policy Interest Meeting Team Meetings and conducted two public hearings on this topic (August 18,2008,October 6,2008. The newspaper notice failed to • print for the first hearing,which is why the second hearing was held October 6 to ensure compliance with the City's citizen involvement program.) ✓ The City Council held a workshop on September 9 to discuss the Planning Commission's recommendation to adopt this chapter. City Council asked for clarification on two policies and suggested a wording change in another. These changes were summarized in Attachment 3,a September 19,2008,memorandum from Senior Planner Wyss to the Planning Commission. On Page.2 of the memo,there is a discussion of the Council's desire to change the language in Goal 14.2,Policy 3 from"require" to"encourage." City staff worked with the City Attomeyto rework the language as it is presented in Exhibit A. ✓ Assistant Planner Daniels submitted an October 10,2008,memorandum.from Senior Planner Wyss,which details the Planning Commission's October 6,2008,recommendation that the language in Goal 14.2,Policy 3 be changed back from"encourage"to"require" as originally recommended by the Planning Commission at its August hearing. ✓ To ensure this chapter is technically sound,Assistant Planner Daniels advised that Senior Planner Wyss worked with the Department Review Team to determine its technical accuracy and conformance with applicable laws and rules. This chapter was sent to state and regional agencies for review,those comments and staff's reply are shown in Attachment 2 of the staff report - ✓ The C.atyAttomeyteviewed the staff report findings and found them to be accurate. e. Public Testimony None f. Staff Recommendation: Assistant Planner Daniels advised that staff has found the language,including the amendment,complies with the applicable state land use goals,the City's municipal code and comprehensive plan polices,as well as federal,state,and regional plans and regulations. Staff recommends adopting the language in Exhibit A. g. Council.Questions Mayor Dirksen said that this issue has been before the City Council three times previously. What remains are a couple of minor language changes. Councilor Woodruff commented on the Goal 14.2 and the word change"required" to"encourage"was at his suggestion because there might be sensitivity to the word"require"when associated with annexation. He said he was amenable to changing the word back to"require" since it is prefaced by the word"ma Y" After brief discussion,there was agreement to go along with the recommendation from the Planning Commission to change the word back in Goal 142,Policy 3 back to"require" rather than"encourage." Councilor Wilson noted he had a discussion with Lisa Hamilton-Treick. She had a comment about wording that would prevent an area within our urban services area to join or form a park district. She asked why the Caty would oppose this if it would-mean we would get parks within the area. Councilor Wilson said he responded that the other side of that argument is,why would people who have a park district want to come into the city? Further,if parcels were contiguous to another city(i.e.,King City), but were inside our area,is it not beneficial for them to be part of some city rather than no city? He said he was not suggesting that any language be changed,but if a serious proposal did come up,then he TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 8 of 14 thought we could make a Comprehensive Plan-amendinent to allow into happen. Qty.Attorney Ramis added that.if the Council makes the decision now to include that sort of language,then the option is precluded;however,if an argument can be successfully made later to create a district,the City.Council can agree or disagree with it at that time. 7:52:08 PM Councilor Buehner referred to another issue regarding the'Water:service boundary. She clarified that there is a small section of the Tualatin Valley Water Districtthiatthe_Tigard-area District has been providing water to for many years. This boundary needs to be moved and perhaps there will be incentive to proceed with an adjustment: 7:53:32 PM h. Mayor Dirksen closed the:public,hearing. Council Consideration: Motion by Councilor Buehner,seconded by Council President Sherwood,to adopt Ordinance No. 08-15,with Goal 14.2 amended as discussed by Caty Council. Councilor Woodruff clarified that the only word to be adjusted is the word"encourage"to"require" in Goal 14.2. There is another instance of the word "encourage" contained in the recommended action measures,which will remain. ORDINANCE NO.08-15—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 TO UPDATE THE GOALS,POLICIES,AND RECOMMENDED ACZIONMEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14,URBANIZATION The motion was,approvedby a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes 7:55:12 PM 5. WORKSHOP DISCUSSION— COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009: INTRODUCTION/GLOSSARY a. Assistant Planner Daniels presented the'staff report. The introduction presents a brief background. statement that outlines the purpose of the plan and its implementation. Changes discussed at the Planning Commission workshop were outlined in Attachment 3,:a memorandum dated September 8; 2008,from Senior Planner Wyss to the Planning Commission. Changes from the hearing in September were detailed in Attachment 2,which starts on Page 3 of the September 15,2008,Planning Commission meeting minutes. TIGARD CITY COUNCIL/LCRB.MINUTES — OCTOBER 14, 2008 Ory of Tigard ( 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 9 of 14 • • b. Council discussion: Councilor Buehner advised she found the minutes of the Planning Commission meeting to be brief. She noted that two Planning Commissioners were present and asked if they would be willing to give City Council more information about the hearing. Mayor Dirksen noted that public comment will be accepted and invited the Planning Commissioners present or audience members to make comments if they would care to do so. Planning Commissioner Vermilyea noted the.Planning'Commission had a couple of workshops and public hearings on this section of the update. He said he believes the last set of minutes was relatively short because by that time there was no additional input from the public since much of the work had been accomplished in previous workshops. 7:59:44 PM Planning Commissioner Vermilyea said the Planning Commission's focus was on plain language, avoiding jargon,so the glossary definitions are understandable to the average person. For each definition,where possible,the Planning Commission wanted assurance there was reliance on an outside authority,i.e.,a federal statute,state statute,etc. The Planning Commission wanted to be sure that they were being consistent with the authority on each particular issue. For those areas,where no authority could be referenced,then they looked to the dictionary or some other language that would make common sense. He referred to public input and,in particular,that from Sue Bielke who submitted a lot of good ideas and input. Some of her suggestions were incorporated. The Planning Commission felt satisfied with the process and outcome on the definitions. Councilor Buehner asked if Planning Commissioner Vermilyea felt comfortable that the glossary covers all the necessary words. He reviewed the Planning Commission's process and,in the end,they do feel comfortable they captured the terms that were noted for definition during the course of the discussion on the different chapters. Mayor Dirksen reviewed the three-year Comprehensive Plan process for those who were visiting tonight. The Comprehensive Plan is the Caty's governing document,much the same as the way that the Constitution is the governing document for the United States. The document was originally written in 1983 and needed updating. The Council decided that it would be important to define a list of terms so that in the future,if a challenge were to arise on an issue in the Comprehensive Plan that the terms used in the Plan would be clearly defined. This is the first time the Council has had an opportunity to discuss these definitions. This will be coming before.the City Council again in a public hearing on October 28, 2008. Public comment will be taken at that time as well. Councilor Wilson said the glossary is important because often what you can do might hang on a single word's'definition. He also noted definitions in the Comprehensive Plan and Development Code should agree. He reviewed his suggestions: 8:06:00 PM ✓ Greenspace/Greenway. In some places,it has been indicated whether it is publicly owned land, privately owned land,or both. In this particular section,there is no indication. He said he isn't sure what is meant: is it City ownership or not.) TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 City of Tigard ( 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 10 of 14 Assistant Community Development Director Bunch responded that the Comprehensive Plan is - much more general-in scope-than the Community.Development Code. The ComprehensivePlan policies are very broad. The Development Code is intended to implement the Comprehensive.Plan and the reason thatsome of these terms'do not necessarily agree is due to-the broad definition applicable to a broad policy perspective versus the very specific clear and objectives that must apply in the Development Code. Staff was cognizant of this as they went through the policy development that the policies also need to have broad scope because they are subject to being interpreted by the City Council when the Council makes policy-oriented decisions. This is why there is no specificity,for example,in greenspaces. Assistant Community Development.Director Bunch cited other examples of"recreation space" and"open space," which are defined as they pertain to speck types of developments.. Assistant Community Development Director Bunch said if City Council desires the definitions to be more specific,staff could do that. Councilor Wilson said that as he was reviewing,he found that he could not determine where the terms were used in the Code so:he could make a judgment whether the two documents needed to be consistent. Perhaps,in this particular case(greenspace/greenway),we do not have a specific policy that would match to a regulation on private property Are we saying we are going-apply regulations to greenways that might apply-to ptiblic,and private property or the hybrid where there a public easement.on private property. He said he would like staff to be aware of this and ready to respond. Councilor Wilson noted that in natural areas,'the-definition is that it is'city owned" land and under open space,the definition refers to "public and privately owned"land. Mayor Dirksen said he thinks there are areas in the City identified as "greenways" and the property is privately owned,but because of environmental restrictions,a portion of a propertymightnot be available for development. Collectively,we refer to these as greenways. In response toa comment by Councilor Wilson that in these instances there would be an easement,Councilor Buehner said this is not uniformly true,as sometimes these pieces of property do'not get transferred to public ownership. Mayor Dirksen said greenspace could be owned publicly or privately and if it is identified one way in one document then-it should be the same in the other document. Councilor Buehner said she was not as concerned about it within the context of the Comprehensive Plan,but she certainly thinks it would be important to Make a note'that as we move to developing Code,that we specify whether it is private or public because there might be different rules. 8:11:49 PM Councilor Wilson continued with his comments on the Chapter under review: ✓ Invasive Species:— the definition states that this refers to plants that are not native and aggressive; however, doesn't say that it is "harmful." The federal definition includes "harmful." Just because a plant is successful and not native;doesn't necessarily mean that it is considered:invasive. Councilor Buehner added she thought there was a state definition within the"noxious" plant definitions. Assistant Community Development Director Bunch agreed there are other definitions-that deal with the harmfulness. He advised staff would recheck both the state and federal definitions and get back to the City Council. TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 Gtyof Tigard I 13125 SW Hall Blvd.,Tigard;OR 97223 ( 503-639-4171 I www.tigard-or.gov I Page 11 of 14 • • 8:13:16 PM ✓ Sensitive Lands —reference is made to the Development Code for the definition. It seemed to Councilor Wilson this should be reversed. It seems that you could just say that sensitive lands are steep slopes and wetlands rather than have a Code reference. Mayor Dirksen agreed,since the Code language might change. There are other instances the Mayor noticed where the Comprehensive Plan referenced the Code. He asked if it would not be better to pull the language from the Code and place it in the Comprehensive Plan so that in the future the Code would reference this language. Assistant Community Development Director Bunch noted that the definition must be synonymous because sensitive lands in the Code have statutory implications because it is used to regulate;that is why the Code is mentioned. If there is a definition change,it is typically changed in the Code if that needs to happen. Staff will evaluate. Mayor Dirksen noted other places for staff to check include "active recreation" and"passive recreation." Councilor Wilson asked whyyou couldn't say something similar to: "sensitive lands refers to steep slopes and wetlands as more fully defined in the Development Code." Assistant Community Development Director Bunch agreed this could be done. Assistant Community Development Director Bunch noted there was a long discussion with regard to"active recreation" during the Planning Commission review. They remembered the process they went through for the Planned Development Code. Mr.Frewing also referenced this at the Planning Commission meeting. Councilor Buehner said it was particularly important in the discussion because active referred to 1) ball fields,picnic tables 2) trails,or 3) those areas that have no trails or access. We need to review this to make sure we are consistent. Assistant Community Development Director Bunch added that this might be a term that is more generally described in the Comprehensive Plan and then more specifically described in the Code. 8:16:32 PM ✓ Tigard Urban Planning Area and Tigard Urban Services area—those two definitions were similar. Councilor Wilson advised he did not understand the difference noting that one deals with the Statewide Planning Goal 2 and the other with ORS 195. Assistant Community Development Director Bunch advised there are some Administrative Rules with more specific definitions;staff will review to provide clarification so one can discriminate the differences between the two. Mayor Dirksen said those terms are used in two separate agreements the City has with Washington County. In response to a question from Mayor Dirksen,City Attorney Ramis advised legal counsel has reviewed these;however,they will study the definitions more in depth. Councilor Buehner asked about changes at the state legislature that might impact language contained in the glossary and whether we would have to go through a full Comprehensive Plan amendment process? City Attorney Ramis said"yes,and that's why the staff is recommending,where possible,general definitions." If you use specific references.in your definitions,state statutes,or your own code,the presumption often is that the language in the Comprehensive Plan automatically changes. "That is not the case... now you've got two separate,conflicting definitions...so it is important to be general so you can come back only when necessary." In response to a question from Councilor Buehner,City Attorney Ramis advised there is no process by which you can automatically change the document without having a hearing on changing the document. TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov 4 I Page 12 of 14 4N • .._._. 8:20:19 PM Councilor Woodruff made:a suggestion for the-sake of readability. Not every single word is defined; for example,we do not define"require," but we do define"encourage." If a statement could be made in the introduction that if any word is italicized or underlined,it could be found in the glossary. Assistant Community Development Director Bunch said that is-a good point and will be done. 8:21:06 PM Councilor Wilson commented about LEED (Leadership and Energy in Environmental Design). He recalled when this was discussed previously that the wording.be"LEED or:other." LEED is always changing;.they are on Version 2.2 now and the next update is,being discussed and another section might be added to deal with"social equity." New developments with LEED might not be something we agree with. He suggested that the language not be so specific. Councilor Wilson noted that LEEDS is a private rating system. Mayor Dirksen recused himself and left-the Council dais. Council President Sherwood presided during Ciy Council consideration of Agenda Item No.6 6. CONSIDERATION OF INCREASED.RESPONSIBILITIES AND INCREASED S'I1PEND FORME MAYOR a. Assistant CityManager Newton presented the staff report;she reviewed a couple of key points..Staff has made the effort to incorporate-comments from the City Council from previous meetings on this topic. Rather than a letter of agreement,staff recommends the Council consider a resolution since this is what the Catyhas done in the past to establish or adjust the-Council stipends. b. In response to a question from Councilor Buehner about whether the increased stipend could be backdated,City AttomeyRamis responded that the Qty Charter is clear that the City Council;has the authority to do this. Councilor Woodruff said there has been media coverage about this. People have had opportunity to comment but not much comment was received. Councilor Woodruff said a high bar has been set because the Mayor or Council President must be willing to take on the increased responsibilities: In addition,the rest of the City Council has to have the trust that the person:is up to this responsibility Finally,the Mayor or Council President will have to work for an employer willing to participate. Fortunately,all of these conditions exist now;however,it certainly is not a given that this will be the case in the future. There has been much discussion thatthis is an experiment to see what happens,over the next six months to be evaluated bythe Mayor, Council and the Mayor's employer as to whether this is still a good idea. Council President Sherwood pointed out,that this is subject.to Budget Committee review every year. Councilor Wilson said that the Mayor received an invitation to speak at a 0'Grade class; he noted that, this would not be in the list of things that the Council_is talking with:regard toile additional duties. c. Council Consideration: - Motion by Councilor Woodruff,seconded by Councilor Wilson,to adopt Resolution No 08-63. A RESOLUTION ESTABLISHING CITY COUNCIL MEMBER STIPENDS,SUPERSEDING RESOLUTION NO.99-50 TIGARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14,.2008 ary of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 501639-4171 I www.tigard-or.goy I Page 13 of 14 • • The motion was approved by a unanimous vote of City Council present. Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes Mayor Dirksen returned to the dais and presided over the remainder of the meeting. 7. CDUNCtT.LIAISON REPORTS Councilor Buehner welcomed the young people in the audience attending the meeting to meet a requirement of their"Senior Seminar." In the past students have made comments and the City Council has acted on some of these comments. For example after receiving a comment form a high school student,a lighted crosswalk across Durham Road adjacent to the high school is being installed. 8. NON-AGENDA ITEMS: None 9. EXECUTIVE SESSION: None 8:31:05 PIV1 10. ADJOURNMENT Motion by Councilor Woodruff, seconded by Councilor Buehner,to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes therine Wheatley, City Reco •- Attest: r ty of Tig Date: -- 1-7// cP—i:;2 0039" • • I:\ADM\CATi-IY\OQv1\200s\ccn 81014 draft.doc TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 cry of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223-�I 503-639-4171 I wwwv.tigard-or.gov I Page 14 of 14 • ill EXHIBIT A - - - ---z-vra,,ty.w...,,te--s-,-,,—.....—, , ,,,,..,,,,. ...,..,..s.,-.. ,v,-70,11,..i.:"i-JtV,:V?.!`„,,,4-.#>.7,4,-.7:0,,,,*-,firi'cli:,•.;,.-Z1,,,%-..33.-/-7.1i,4"/ ".i..;,-,--&-- , !i, -'"'-e-A---4.-.:- :.4-'-''.),`i'-`VS.,.,.."',l'7;747---czt..,-4- 4.,lez ,:e.1.4t,:41,-;7„i,1'.,',•&,...,f,,,,-`..- 4.. -,z,4: • f0.--..1-..!-...c•.:...f.;;-;,:--`-ks,---;"1,-,: . . ....; = P.---r;T:. '-.s . , VI ::=. - ---A'::-!,,. .5=...-. ,,--,',2;-,,i3,,,,,•-4.=3."4.41%-ti.,1:v;,,,...:,„ vaiii=7,:','•:, .".`,44.:ifitt,---,..: 0..t. ,k....-- t- '‘v , -i Afr i7. 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II 11 3 1 1 11 II II 11 1 su 11 up vr URBANIZATION ADOPTED AMENDMENTS CHANGES 00/00/00 Pr,2008-0000X San velessit lam euipit, se molum iureetue do euiscip ero diatincinibh ea commy nullamc onsequam dolobor am, sequatem venisi. • City of Tigard I Comprehensive Plan i ` • • URBANIZATION significant challenge faced by many communities is how to manage "As Tigard t-;:!.' growth, particularly the transition from 1:-- moves into the 7. rural to urban land uses, or redevelopment to 1;.,. more intense land uses. As Tigard moves into the future, the City must manage growth for fZ�tZire, the City the benefit of its citizens and businesses. The must manage r '. •City must ensure that growth decisions result `". in high-quality development,protect natural growth for the resources,provide services in a coordinated and logical manner,and are fiscally sound. benefit Of its t— The thoughtful planning of growth will $ • citizens and help to accommodate future population and employment,while addressing the community's businesses." . desire for a high quality of life. ` ' The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coor- dinating the provision of public facilities and services to urban development, to help curb urban sprawl,and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. GOAL 14: URBANIZATION a", r ,; 4 " �,ri `To provide for an orderly and efficient transition from rural to urban land use,to accommodate urban population and turban employment inside urban growth boundaries, to ensure efficient use of land,and to provide for livable communities." One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Comprehensive Plan I City of Tigard 14-1 URBANIZATION Metro's management of the UGB is regulated through Tide 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals,particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives,adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation,including accommodating Metro's 2040 Growth Concept. Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Pordand,Lake Oswego, Durham,Tualatin, and King City,while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part, reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks, library,emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorpo- rated urban level development are the primary issues facing the City's growth management decisions. There are few large,vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelop- ment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with 14-2 City of Tigard Comprehensive Plan • . URBANIZATION agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agree- "Washington y ; � ment outlines the role, provision,area, and ` ` planning/coordination responsibilities for service County is rt providers operating with the TUSA. The TUSA is important to the City,particularly the planning collaboratin g s_ F.`s and coordinating with special districts,because "'` with Metro ;��;. it helps the City to ensure the best services are provided to its citizens. The Agreement was last jurisdictions updated in July 2006 and again identifies Tigard j as the ultimate governance provider to the TUSA, to identify which coincides with the UPA. urban and �r The City put forward a plan to annex the unin- rural reserves corporated Bull Mountain area of the TUSA to • IT; . voters in 2004. City of Tigard residents over :that will whelmingly passed the measure, but residents in the area to be annexed soundly defeated it thus • dictate any- leaving the status quo. Then in 2006 an incorpo- needed f- ration effort took place to form the City of Bull Mountain and was again turned down by voters. future: UGB • The issue of unincorporated urban level develop- expansions." ment gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Until areas 63 and 64 can be included within a city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. Additionally,Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expan- sions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the Comprehensive Plan I City of Tigard 14-3 • • URBANIZATION City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. KEY FINDINGS: • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources,existing development, and public services. GOAL: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. POLICIES: 14-4 City of Tigard Comprehensive Plan S • URBANIZATION II 40 " The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation);or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. 2. The City shall maintain,and amend when necessary,agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. 3. The City shall,as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expan- sion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service . districts and the transition of capital facility ownership and administration to the City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict;and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. RECOMMENDED ACTION MEASURES: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. Comprehensive Plan I City of Tigard 14-5 • URBANIZATION ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincor- porated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. GOAL: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorpo- rated properties. POLICIES: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists,or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services;and B. is consistent with applicable state statute. 14-6 - City of Tigard Comprehensive Plan • • a P P URBANIZATION 4. The shall evaluate ands en( courage)hat parcels adjacent to "The City r'=',`'. ;-G (•�(� proposed annexations be included to: ;�,, shall ensure A. avoid creating unincorporated r islands within the City; capacity B. enable public services to be effi- p exists, or can .��:� ciently and effectively extended to the entire area;or be developed, C. implement a concept plan or sub-area master plan that has to provide been approved by the Planning Commission or City Council. needed urban vy , level services to 5. The City shall maintain its right to r# p_>1 annex property as allowed by state an area when t.7t statute. ' approving . 6. The City shall periodically update annexation." ' and/or amend its Public Facility Plan Es to ensure the predictable and logical ! provision of urban services for areas anticipated to be within the Tigard city limits. RECOMMENDED ACTION MEASURES: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unin- corporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. • iii. Utilize and promote incentives,as appropriate, to encourage owners of unincorporated properties to annex to the City. Comprehensive Plan I City of Tigard 14-7 • . URBANIZATION iv. Develop criteria and procedures to encourage and,when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. GOAL: 14.3. Promote Tigard citizens'interests in urban growth boundary expansion and other regional and state growth management decision. POLICIES: 1. The City shall support regional and state growth management decisions, while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form, prevent future unincorporated urban development, and prevent urban sprawl. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. RECOMMENDED ACTION MEASURES: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban Growth Boundary. 14-8 City of Tigard I Comprehensive Plan URBANIZATION iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County,its cities, Metro, and others to address: A. public service equity issues associated with unincorporated urban development; and B. prevent blight conditions associated with underserved urban development. v. Take an active.role in discussions relating to state and regional efforts to develop equitable ways to fund public infrastruc- ture needed to better provide for existing needs and support projected employment and population growth. Comprehensive Plan I City of Tigard 14-9 • , Findings _ • e e e _ I _ . • I e•ee • . • I II! •• annexations. City of Tigard 7 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • d. Provide for a process to extend existing services; and e. Provide a process for annexations of land to the City. limits. POLICIES 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO . . . • ■ .- _ * 2 ,,S • • . SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; City of Tigard 8 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • 1. STREETS; 5. POLICE; AND 6. FIRE PROTECTION. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING-SERVICES THAT COULD BE PROVIDED OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE; AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA O' - - - _ -r e '• - 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS e -' • ` - - ` -- ' _ BASED ON FINDINGS WITH RESPECT-TO-THE-FOLLOWING:- a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET' OR "ISLAND" OF b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). a • (Rev. Ord.81 21) City of Tigard 9 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • • 10.2 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS POLICIES 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA)LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR • ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. City of Tigard 10 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • • e. • e. I. A . . . .. . _• • e _ _ . - _ _ ! • • _•. .. _ •. _ . . . _ POLICIES 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD _ _ - . . •_ . . . _ AP A CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING . . . . -. .. . • - _ - - - . - - -• City of Tigard 11 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • ATTACHMENT 2 Agenda Item: 5_2 Hearing Date: October 6,2008 Time: 7:00 PM w'.,rr"cS .'. -e.; Y ' y�u' '� '' ''F�'�"• ..� ' d i 'n.- •" .es., , y S AP REPORT'I T F 1 it*, keNsigkffooki z-•_� �. � Pxf .. ,s�.-. r° //�� ff����..MM''��//rr■■7TT7��CC7T■� �' <� y,, 6 m z ir1171'it.7V�i� yv < :, 7 max 4 = _ v. ORS m I O G kB OOR 'GGIV. TICARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00006 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: ' Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement;Land Use Planning;Parks,Recreation,Trails, and Open Space;Public Facilities and Services;Transportation;and Urbanization; Metro Functional Plan Title 11;and Statewide Planning Goals 1, 2, 8, 11, 12,and 14. SECTION II. STAFF RECOMMENDATION Staffrecouimencio that the Pe�a e a nntn en Co m thma issioe..n-finb n.0*rS^r.f h iSixQrrgpm'si-t q s it#: ttte1 n ec es�sy=y P.ay kme 1 !0 2o S3,ns•?a'e tR}o�'„^�f,a dr ie.v z="h , O�hleper il thatAt airiends T ughepAli ;Dr` . n sling a rilWSS 4"-="' 44 _ '44 t.Y� .` ', -�. �� e'_l ?4, 4ti:'r6Y nv�.ac..rirr.td:.1izt:v?ki....�L.i.'5! k ZYf.. e. ?.,..'..�z-_•> :�_. c G� STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 1 OF 17 • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams moved at their own pace, Staff brought a series of Comprehensive Plan Amendments (CPA) through the legislative process over the past year. Each CPA corresponded to a Statewide Planning Goal that is applicable to Tigard. The CPA strikes the appropriate language from the existing plan and replaces the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Urbanization (Goal 14). The Planning Commission held a joint meeting with the City Council to discuss current issues related to Urbanization. The Commission then acted as host to two Policy Interest Team meetings where they worked with citizens to discuss and formulate the draft goals, policies, and recommended action measures. The Planning Commission and citizens were comfortable with the language and found consensus to bring the language to public hearing for recommendation at this point. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 2 OF 17 • • Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is part of a series of amendments that has updated the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 14 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the ' City's land use planning program. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal • Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation-The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Poliy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use.To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 3 OF 17 The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions •Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Citizen Involvement o Land Use Planning o Parks, Recreation,Trails, and Open Space o Public Facilities and Services o Transportation o Urbanization • Applicable Metro Standards o Title 11 • Statewide Planning Goals o Goals 1, 2, 8, 11, 12, and 14. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment,as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 4 OF 17 • S Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Tides, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant.to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 200 8-00006 STATEWIDE PLANNING GOAL 14 PAGES OF 17 • Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings,posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and STAFF REPORT TO TILE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 6 OF 17 • commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for, the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: This policy is satisfied through the clear direction given by all goals and policies included in the proposed amendment. The City's position on the annexation of property,its support of regional and state growth management decisions,its plan to accommodate more intense urban land uses in Metro designated centers/corridors, and the proper planning and delivery of public services is clearly stated throughout the language. All of the aforementioned subjects are a vital part of the City's land use program. The goals and policies, specifically Goal 14.1,policies 2, 3, and 5 and Goal 14.2, policies 3 and 6, also show compliance with Statewide Planning Goal 2 that requires planning coordination and Oregon Revised Statute 195 that requires urban service coordination. Goal 14.3 and its associated policies address serving the interests of the citizens of Tigard. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. This policy is satisfied. Policy 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. Findings:The language included in the proposed amendment, specifically Goal 14.3, Policy 3, is consistent with this policy. The proposed policy states the City's position to accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with the Metro Framework Plan. This policy is satisfied. Policy 13. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected to be within the City limits during the planning period. Findings: The language included in the proposed amendment,specifically Goal 14.2,Policy 6, is consistent with this policy. The proposed policy states the City's position to periodically update STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 7 OF 17 S and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. This policy is satisfied. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan relative to Statewide Land Use Planning Goal 14: Urbanization. The primary intent of the update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 8: Parks, Recreation,Trails, and Open Space Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents, including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policy 11. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize funding and facility resources, and improve park and recreational opportunities. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs.These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. This policy is satisfied. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 2. The City shall continue to collaborate with Clean Water Services-in the planning, operation, and maintenance of a comprehensive stormwater management system. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the stormwater system. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 8 OF 17 tai Policy 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property.This policy is satisfied. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 6,is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the wastewater system. This policy is satisfied. Policy 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1,is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policy 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. Findings:The language included in the proposed amendment, specifically Goal 14.2, Policy 6,is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date.The Public Facility Plan is required by Statewide Planning Goal 11 (OAR 660-015) and describes the facilities and funding needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. Findings:The language included in the proposed amendment,specifically Goal 14.1, Policy 3, is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies and districts to plan and locate facilities in the best interest of all,and to ensure the proper infrastructure exists to support the facilities. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 9 OF 17 A • • Topic 8: Transportation (Original Comprehensive Plan format) Policy 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. Findings: The language included in the proposed amendment, specifically Goal 14.2,Policy 6,is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding, including transportation, needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 8.2.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE,REGIONAL AND LOCAL JURISDICTIONS. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 3,is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies in the planning process for the region's multi-modal transportation system. This policy is satisfied. Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. * Most intense use allowed by the conditions of approval,the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; _ b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 10 OF 17 • r c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF UNINCORPORATED TERRITORY;OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION,THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING DESIGNATION. (Rev.Ord.84-21) Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA) LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY;OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY;OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. Policy 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS,THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS;OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING ORDINANCES: a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. Policy 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 11 OF 17 �► • URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. Policy 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING AREA IN A MANNER WHICH WOULD RESULT IN AN IRREGULAR PLANNING AREA AND INEFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES. Findings: Current Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2 will be deleted and replaced in their entirety by proposed amendment Goal 14.1, 14.2, and 14.3 and the associated Policies (see Exhibit A). Updating the goals and policies is consistent with the post acknowledgement plan amendment procedures as outlined in Oregon Revised Statute 197.610-625 and Oregon Administrative Rule 660 Division 18. This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 14 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, and reviewed by affected agencies, including the Oregon Department of Land Conservation and Development. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 11: Planning for New Urban Areas - require and guide planning for conversion from rural to urban use of areas brought into the UGB. It is the intent of Title 11 that development of areas brought into the UGB implements the Regional Framework Plan and 2040 Growth Concept. Findings: The City is committed to implementing the Metro Urban Growth Functional Plan. The proposed amendment confirms this commitment through the goals and policies contained within, particularly Goal 14.3, Policies 1, 2, and 3. This language clearly states the City's support of state and regional growth management decision, .including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept. Title 11 is satisfied. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 12 OF 17 r Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team (hosted by the Planning Commission), and submitting written comments via the website. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 —Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 8—Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and,where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5,is consistent with Goal 8. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. These measures endeavor to satisfy the needs of all citizens and visitors. This goal is met. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 13 OF 17 • Findings: Goal 11 (OAR 660-015) requires cities with a population greater than 2500 persons to develop and adopt a public facility plan. The City is in compliance as it adopted the Tigard Public Facility Plan in 1991 as part of periodic review of the comprehensive plan. Oregon Revised Statute 195 also requires units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2500 persons to enter into urban services agreements. The City is in compliance as the Tigard Urban Services Agreement was signed in July 2006. The proposed amendment, specifically Goal 14.1, policies 2 and 5, directs the City to maintain agreements with Washington County and service districts to define provision roles, to coordinate plans and programs, and to maintain consistency with the adopted public facility plan. Goal 14.2, policy 6, further directs the City to periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Based on the City's current compliance and its commitment to continue compliance with Goal 11, the goal is met. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. Findings: The language included in the proposed amendment, specifically Goal 14.2,Policy 6,is consistent with this goal. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding needed, including transportation, to support the land uses and densities designated in the Comprehensive Plan. Goal 12 is met. Statewide Planning Goal 14: Urbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: Goal 14 requires the establishment of urban growth boundaries (UGB) and outlines the parameters for amending the boundary. UGBs control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Amendments to the UGB must be adopted by all cities in the Metro region, including the City of Tigard. The Metro UGB is currently in compliance with Goal 14, as are the City's comprehensive plan policies. The City is committed to continued compliance with Goal 14. The proposed amendment confirms this commitment through the all goals and policies contained within. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept and Metro Functional Plan Title 11. The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 14 OF 17 • • CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS • The City of Tigard's Current Planning Division, Administrative Department, and Police Department has had an opportunity to review this proposal and have no objections. The City of Tigard's Public Works Department had an opportunity to review this proposal and had the following comments. Goal 14.1, Policy 1 is not consistent with the Tigard Water District/City of Tigard IGA. Findings: This policy states the City will not approve the extension of City services without annexation approval. As the City currently provides water outside of its boundaries through intergovernmental agreements with Durham, King City, and the Tigard Water District, additional language was added to explicitly state the current circumstances.The addition of the language also addresses the deletion of Policy 4,under Goal 14.3. The City Attorney reviewed the language change and advises the policy is now consistent with the City's current water provision and does not create conflict with the existing intergovernmental agreements. Staff recommends the Planning Commission accept the changes. Goal 14.3, Policy 4 is not consistent with our current IGA with the Tigard Water District. Findings: This policy was removed based on the Public Works comment. The policy language was incorporated into Goal 14.1, Policy 1 as outlined above. The City Attorney reviewed the deletion and advises the language is now consistent with the City's existing intergovernmental agreements. Staff recommends.the Planning Commission accept the deletion. CONCLUSION: Based on comments from City staff, and the changes made based on the advice of the City Attorney, staff finds the proposed amendment does not interfere with current service provision or the best interests of the City. • SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1,District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Water District STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 15 OF 17 • 1110 Tualatin Valley Fire & Rescue Tri-Met Transit District The City of Lake Oswego and the City of Tualatin had an opportunity to review this proposal and have no objections. Clean Water Services had an opportunity to review this proposal and had the following comments (Exhibit B): We recommend following any and all relevant provisions of the current Intergovernmental Agreement between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available online) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands,natural drainage ways,and enhancements thereof. Findings: The Clean Water Services Design and Construction Standards implement Metro's Title 3 requirements through a jurisdiction's development code. The City of Tigard has adopted the Standards into the Tigard Community Development Code. Policy language is included in the Tigard Comprehensive Plan under Goals 6 and 11 that direct the City to comply with all state and regional standards,which includes the Clean Water Services standards.Therefore, staff recommends not including any further language in this proposed amendment. CONCLUSION: Based on responses from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 16 OF 17 September 19,2008 PREPARED BY: Darren Wyss DATE Senior Planner September 19, 200. 8_ APPROVED BY: Ron unc DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 17 OF 17 • • ATTACHMENT 3 -4***f‘44 s � MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: Darren Wyss, Senior Planner RE: CPA2008-00006 Public Hearing DA'Z'E: September 19, 2008 On Monday, October 6th, the Planning Commission will hold a second public hearing on the comprehensive plan amendment (CPA2008-00006) to update goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. The Planning Commission previously held a public hearing on August 18th and made a recommendation to Council. However, the notice for this hearing failed to be printed in the newspaper. In order to comply with the City's notification requirements, the notice was resent to the newspaper, printed in the September 18th edition, and the Commission will hold an additional hearing to take public testimony. Since the Commission last reviewed the language contained in CPA2008-00006, the City Council has held a workshop on the amendment. The Council felt the intent of Goal 14.1, Policy 1 and Goal 14.3, Policy 4 needed to be better clarified. The Commission, at its workshops and hearing, also debated this language and in the end went with the staff recommendation. The language is based on the City currently providing water outside the city limits, but wanting to prohibit the provision of all other services outside of the city limits. Council requested the language be reworked for better clarity. Staff worked with the City Attorney to develop new language and the decision was made to eliminate Goal 14.3, Policy 4 and add additional language to Goal 14.1, Policy 1. The changes are as follows: Goal 14.1 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved;or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. Goal 14.3 -oigncd intergovernmental agreement. 1 • • The Council also asked for the language in Goal 14.2, Policy 3 to be changed from require to encourage as they felt it was too strong. The Commission also raised this issue during a workshop and asked whether this was within the City's legal right. The City Attorney suggested changing the language from require to encourage and by adding an additional policy to ensure the possibility of requiring annexation in the future, the intent of the language could be maintained. This new policy is now Goal 14.2, Policy 5. Goal 14.2 3. The City shall evaluate and may fez: e encourage that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall maintain its right to annex property as allowed by state statute. Staff feels the changes suggested by the City Attorney provide better clarity and do not change the intent of the language originally recommended by the Commission. Please review the language and if you have any questions or concerns, feel free to contact me at darren @tigard-or.gov or 503- 718-2442. See you on Monday the 6th. 2 • ATTACHMENT 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes August 18, 2008 1. CALL TO ORDER Acting President Jeremy Vermilyea called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Acting President Vermilyea;Commissioners: Anderson, Caffall, Doherty, Fishel, Hasman, and Muldoon Commissioners Absent President Inman, Commissioner Walsh Staff Present: Darren Wyss, Senior Planner; Marissa Daniels,Assistant Planner; Doreen Laughlin, Administrative Specialist II 3. COMMUNICATIONS It was noted there would be only one meeting in September due to the Labor Day holiday. That meeting would be September 15 and Councilor Buehner would attend and entertain any questions they might have of her as the liaison to the commission. 4. APPROVE MEETING MINUTES Minutes were not yet complete from the last meeting, so two sets of minutes were up for approval. There was a motion by Commissioner Muldoon, seconded by Commissioner Fishel, to approve the July 21, 2008 minutes. The motion carried as follows: AYES: Anderson, Fishel, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: Caffall, Doherty EXCUSED: Inman, Walsh There was a motion by Commissioner Caffall, seconded by Commissioner Doherty, to approve the August 4, 2008 minutes. The motion carried as follows: AYES: Commissioners Anderson, Caffall,Doherty, Fishel, Hasman, &Vermilyea. NAYS: None ABS'T'ENTIONS: Muldoon EXCUSED: Inman, Walsh PLANNING COMMISSION MEETING MINUTES—August 18,20()8—Page 1 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Iiearing-Wkshp\tpc minutes 8-18-08.doc • • 5. PUBLIC HEARING—Goal 14 Urbanization— CPA2008-00006 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Senior Planner Darren Wyss explained that the Comp Plan Amendment before the Commission at this time would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. He noted that the purpose of Goal 14 is "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." By adopting this amendment, the City will ensure continued compliance with state and regional requirements and programs, and also ensure future growth management decisions are made in the best interest of Tigard's citizens. The amendment will also replace outdated language that was adopted in 1983 and allow the City to be flexible and responsive to current conditions. The proposed amendment went thru a review process that included two Policy Interest Team (PIT) meetings hosted by the Planning Commission (PC). Wyss reminded the Commissioners that staff used the Planning Commission as host to Policy Interest Team meetings because of the important role the Commission has in helping to develop and implement the land use/growth management programs in the City. He said that staff felt that by being involved from the beginning, the Commission had a better opportunity to fully understand the concepts and information that they were being asked to make decisions upon. The PC and PIT members used the preliminary language formulated by staff and its associated commentary that explained the intention, to review and edit into the draft language found in Exhibit A. The language developed by the PC/PIT was also reviewed by City departments, local jurisdictions, state/regional agencies, and special service districts. He noted that comments are found under Sections VI and VII of the Staff Report. No changes were made based on their review. Additionally, the city attorney reviewed the language and staff report findings PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 2 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • and, based on this review, staff has made one minor change. The change is to Policy 3, under Goal 14.2 and was summarized in a July 28th memo to the PC. The suggested change follows: The City shall approve proposed annexations based on findings that the request can be A. - ..--:- . - . - ' . - ; ; .. :- : -:: . : - ' : -. ••-••-■ - - -.; ; can be accommodated by the City's public facilities and services; and B. Services Area. is consistent with applicable state statute. He said staff recommends adopting the language included in the amendment because it complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. Vermilyea asked if the Commissioners had any questions of staff. There were some comments about the word "Citizen." Two of the commissioners asked staff to address the definition of"Citizen"in the "Definitions" section. PUBLIC HEARING OPENED Vermilyea opened up the meeting to public testimony. According to the signup sheet, there were no citizens present to testify either in favor or in opposition. He asked if there was anyone in the audience who would like to speak. No one asked to speak. PUBLIC HEARING CLOSED Veiniilyea closed the public hearing and moved on to discussion. There was no discussion and Vermilyea said he would entertain a motion. Commissioner Caffall made a motion 'We accept the Comprehensive Plan Amendment CPA2008-00006, including the recommendation by the City Attorney for a change in verbiage." Commissioner Hasman seconded the motion. The motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Inman,Walsh 6. WORKSHOP— Introductions/Definitions • Vermilyea opened up the workshop portion of the meeting. He noted the introduction section had not been revised—just the glossary section. He asked Wyss for an overview as follows: PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 3 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc •( • • Wyss noted the introduction (Attachment 1) would try to accomplish a number of things in the language. • A brief overview of the planning process and its importance to the community. • Outlines the intended purpose of the Comprehensive Plan and how it gets implemented. For example, it explicitly state the policies are not intended to be used as decision making criteria in most land use cases, but must be translated into codes and standards. • Defines goals, policies, and recommended action measures. • Purposely written to be straightforward, to the point, and not lengthy. • Staff feels all important information is included within the introduction itself and is looking for feedback from the perspective of the Planning Commission who will be charged with using this updated Comprehensive Plan when any kind of Comp Plan or Zoning Map Amendment comes before them. Definitions — • Definitions have been accumulating since the first amendment came before the Commission back in August of 2007. It's been over a year ago since the PC heard their first Comp Plan Amendment. • As each chapter met with the Policy Interest Teams, key terms were identified to be defined and then a definition was brought forward. • The definitions are based on accepted, federal, state, or regional definitions when available. Otherwise, staff or a PIT member presented a widely accepted definition and a consensus would be reached as to which definition best fits Tigard. • Planning Commission has reviewed these definitions throughout the process and at some point has asked for more detail, more terms to be defined,and suggested some changes. • City Council has reviewed these definitions. They've asked for more definitions and made some suggestions for improvement. Vermilyea, at this point, took the commissioners through the Introduction, Plan Background, Purpose of the Plan, and its Implementation, Format of the Plan, and Definitions of Obligations of Goals,Policies, and Recommended Action Measures. One commissioner wanted clarification as to whether this "Introduction" is for the entire Comprehensive Plan. Wyss answered that, yes,it is for the entire Plan. There were no other significant questions or comments other than it was well written. When Vermilyea asked if anyone had anything else to add or comment on he said that by their silence we could assume the commissioners are all fine with the way it is written—no changes necessary. Everyone agreed. • PLANNING COMMISSION MEETING MINUITS—August 18,2008—Page 4 of 8 1:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • GLOSSARY Wyss informed the commissioners that a new glossary had been distributed (Attachment 2) and he flagged the ones that had either been changed or were added. At this point in the meeting Vermilyea suggested that if any of the definitions were taken from a 3i 1 party source (such as FEMA, Metro, etc) they would skip those and focus on those that were staff produced—as well as the ones flagged for additional attention.There was no objection to that approach. Vermilyea went over the definitions (as described above) and the ones that were commented on are listed below (Staff response is in italics): Citizen: A commissioner wanted to know... What is the impact of changing the term Citizen - to what extent would the document have to change if they were to change the term citizen. I'll look through document and see how it impacts. Staff will do some homework on this. Community Recreation Facilities: re: "owned and operated to promote the health etc." Does that mean the City has ownership? No. Should we strike the words "owned and" —Staf will do homework on this as well. Community Parks: Why does it state "greater than 15 acres"? ... It's a consistent standard and is in our Parks Master Plan. Downtown Tigard: What are the boundaries? Fanno Creek up Main St includes some commercial areas on the other side of 99W=- down Hall Blvd, includes 5 properties on the east side of Hall Blvd. City Hall is included. SW of Fanno Creek as well Encourage: Where did we get the definition? Numerous sources— we settled on one that was common to all of them. `Support" is not defined. Could we get a good definition of support? Yes, we can. Environmental Performance Standards: This seems to be an explanation rather than a definition. It was suggested that instead of defining this, simply cross reference it to "See TCDC Chapter 18.725." Okay— that works. Family Wage: I don't know what"average covered pay" means... could you check that out? Yes, will do. Full Service Recreation Facilities: I'm confused about the word "together." Should we change it to "these facilities provide?" Staf will do some further checking on that with Duane Roberts (Associate Planner). Functions & Services: At this point, audience member, Sue Beilke, spoke (her remarks were typed out and are Attachment 3). Vermilyea suggested the definition of parks be looked at PLANNING COMMISSION MEETING MINUW1 S—August 18,2008—Page 5 of 8 1:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public I{caring-Wkshp\tpc minutes 8-18-08.doc • • • more closely when the park plan is revised and Ms. Beilke's issues addressed in the context of .that update. Green Concepts and Practices: It was suggested that in the second sentence... strike the word "new" and change to "proven"... Commissioner Muldoon suggested adding"demand response." It was decided Muldoon and Wyss would get together and wordsmith this and come back to the next meeting with it. Greenspace/Greenway (Size should be adequate to protect the resource): Vermilyea questioned a parenthetical being in there and suggested it be stricken and put into the definition itself if necessary. Wyss agreed with Vermilyea. Hazardous Tree: Will be ISA standard. "A tree or tree part that is likely to fail and cause damage or injury and in all likelihood exceeds an acceptable level of risk" Beilke questioned the broadness of the definition. It's general in order to get us to the Development Code (Tree Code) writing stage—and that's the point when it will be fully defined. Historic & Cultural Resources: Strike the word "the" and substitute "a"nation. Strike "and/" to make it just"or Tigard." So the sentence would read Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of a Nation, Oregon, or Tigard. Invasive Species: Add the words "invasive species" after "many" in the last line so it would read "Left unchecked, many invasive species have the potential, etc." Landslides: Take out "recognized as" and simply state "that is a natural hazard" Linear Parks (Of adequate size to protect natural resources and accommodate intended uses): Where did this definition come from? Wyss assumes it came from the Parks Master Plan but will get back with the answer. Open Space: Add to the end of the last sentence (after trail-oriented recreation), "and areas set aside solely for protection and conservation of fish and wildlife habitat species." Peak Oil: There is no policy language that refers to it... Strike definition. Promote: Define support. Proven Community Need: Doesn't seem clear. How is it"proven"? It was suggested to change it to read "A need supported by evidence that is necessary to amend land use maps, and ensures that the new land use being proposed is needed in the community in that particular location,versus other appropriately designated and developable sites. After much discussion it was suggested they flag this one for the City Attorney to look at. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 6 of 8 I;\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • . Rare: See Bei ke's remarks (Attachment 3), she would like this definition added—Wyss will look up the state of Oregon definition for "rare species" "threatened species" and "endangered species." It should be included. Wyss will bring back the definitions. Regionally Significant Habitat: Significant can mean "important" or in reference to "numbers." Wyss will define significant habitat and also regionally significant habitat. Renewable Energy—Try to find a good external source for this definition. It was suggested Public Utilities Commission would be a good source. Rent Delete "over time". Special Use Area: A park? Wyss will find origin of definition. Upland Habitat: Beilke suggested an example (Attachment 3) —Commissioners said to leave out parenthetical (locations). Urban Forest: Take out verbiage "collectively" and "broadly defined." Change to simply read "All the trees within the City." Urban Forest, Diverse: Combine Urban Forest into one definition. We will flag this one for cleanup. Wildfire: Not just limited to "on forestland" - Ste take a look at how BLM or the State Dept of Forestry defines wildfire. Vermilyea closed the glossary portion of the meeting and went on to: Comprehensive Plan Map Legend (Color coded designations) There were no comments on this. - The next meeting is a Public Hearing—Darren will give definitions to Commissioners and invited them to send comments. Sept 15 7. OTHER BUSINESS —Vermilyea gave date of upcoming public hearing - (September 15 —Planning Commission — "Introduction and Definitions"). Marissa Daniels (Assistant Planner) reminded the Commissioners of the High Capacity Transit Open House Metro would be holding, and the City of Tigard would be hosting, on Wednesday, August 20th at the library in the Community Room. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 7 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • 8. ADJOURNMENT Acting President Vermilyea adjourned the meeting at 9:39 p.m. c. L Doreen Laughlin, Admire • - Sp: ialist II 11111110 . ATTE' : Actin: President Jeremy ermilyea • PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 8 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • EXHIBIT A August 18, 2008 Urbanization • A significant challenge faced by many communities is how to manage growth, particularly the transition from rural to urban land uses, or redevelopment to more intense land uses. As Tigard moves into the future, the City must manage growth for the benefit of its citizens and businesses. The City must ensure that growth decisions result in high-quality development, protect natural resources, provide services in a coordinated and logical manner, and are fiscally sound. The thoughtful planning of growth will help to accommodate future population and employment, while addressing the community's desire for a high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth . management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coordinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. Goal 14: Urbanization "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to • provide for livable communities." One of the primary tools used in Oregon to control sprawl,preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept(1995), which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metro's 2040 Growth Concept • City of Tigard 1 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 ! • Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland, Lake Oswego, Durham,Tualatin, and King City, while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part,reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks, library, emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorporated urban level development are the primary issues facing the City's growth management decisions. There are few large, vacant parcels of developable land remaining in the City,but there are significant opportunities for redevelopment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington . • County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agreement outlines the role,provision, area, and planning/coordination responsibilities for service providers operating with the TUSA. The TUSA is important to the City, particularly the planning and coordinating with special districts, because it helps the City to ensure the best services are provided to its citizens. The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA,which coincides with the UPA. The City put forward a plan to annex the unincorporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents overwhelmingly passed the measure, but residents in the area to be annexed soundly defeated it, thus leaving the status quo. Then in 2006 an incorporation effort took place to form the City of Bull Mountain and was again turned down by voters. The issue of unincorporated urban level development gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties.Tigard currently is precluded from providing urban services to these areas as evidenced by the annexation vote in 2004. Until areas 63 and 64 can be included within an existing city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. City of Tigard 2 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Additionally, Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expansions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. • The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. Key Findings • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. - • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development, and public services. Goal: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. Policies: 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). 2. The City shall maintain, and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. City of Tigard 3 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. • 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expansion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict;and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. City of Tigard 4 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • • Policies: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by • the Planning Commission or City Council. 5. The City shall periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unincorporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage and, when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex Goal: 14.3. Promote Tigard citizens' interests in.urban growth boundary expansion and other regional and state growth management decision. City of Tigard 5 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Policies: 1. The City shall support regional and state growth management decisions,while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form, prevent future unincorporated urban development, and prevent urban sprawl. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only provide municipal services within its city limits, in the absence of a signed intergovernmental agreement. 5. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban Growth Boundary. iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban development; and b. prevent blight conditions associated with underserved urban development. v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and population growth. City of Tigard 6 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • • Urbanization, which is "to provide for an orderly and c€f+sicnt transition from rural to Findings -- - - - • 2.. ! -- " • • ! - •, __ -- " • --• _ ! ! . annexations, City of Tigard 7 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • • d. Provide for a process to extend existing services; and e. Provide a process for annexations of land to the City. • The agreement requires that the parties resolve various issues, otherwise the agreement will lapse on January 1, 1984 (or a later date if the parties extend the agreement) and the 1980 POLICIES 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: - __ • 1 • _ - • _ • • 1 , _ _ _ _ _ • _ • - • A - _ • a. • • - - ALLOWED', AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF - • • r . - . . 1. WATER; 2. SEWER; 3. DRAINAGE; City of Tigard 8 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 I. STREETS; 5. POLICE; AND 6. FIRE PROTECTION. ORDINANCE, THE APPLICANT SHALL SIGN ANO RECORD WITH THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR • _ • . • • - • _ • _ • -a a THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE; AND d) STREETS. _ •- „• •. • • . _ • _ _ .- • • . - • _• '" - • - - - a. • - -•- E. • ' • - - • SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TICARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING= a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF _ • _ • T. •• • , , El! ; •- • b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT c. THE POLICE DEPARTMENT HAS C-OMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TICARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; 10.1.1(3). COUNTY ZONING DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY (Rev. Ord. 81 21) City of Tigard 9 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • . • • • 10.2 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS POLICIES 10.2.1 THE C-Ty SHAD NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA) LINES EXCEPT: a. WHERE APPLICATIONS-FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE - - - A _ - .. _ _ . ' a ! _ _.-. It . - A _ - , _ e. • c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT; AND e. DRAINAGE. • • City of Tigard 10 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • • , • e. • e. • . , . . .. . . , . . _ _ . _ _ ! . , -. . _ te_ , . . - POLICIES . — — . __ • _ •• _ . _ . , • • •• - ! _ _ _ • _ _ • — — . PP URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TICARD URBAN PLANNING . *Pa .. . City of Tigard 11 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 • • ATTACHMENT 1 August 11, 2008 Introduction Plan Background The City of Tigard Comprehensive Plan acts as the City's "land use constitution". It is the document that provides the broad policy basis for Tigard's land use planning program and ultimately guides all actions relating to the use of land in the city. The Plan also signals that the City's land use planning efforts will implement state and regional requirements, including Oregon's land use planning goals and related laws, state administrative rules, and applicable Metro plans and requirements. As importantly, the Plan acts to coordinate actions with local jurisdictions and state and federal agencies that may have a stake in Tigard's land use policies and implementing regulations and actions. In addition to its legislative and coordination roles, the City of Tigard Comprehensive Plan also reflects community values and aspirations about Tigard's future. The Plan aims to organize City actions and programs that define relationships between land use goals and policies and community livability, economic vitality, provision of needed public facilities, citizen involvement, etc. The 2008 City of Tigard Comprehensive Plan is the first complete update of the City's original 1983 Plan. The goals, policies, and recommended action measures included in this document take into account the broad range of changes that have occurred since the original Plan was adopted and acknowledged by the state 25 years ago. These current conditions and projected trends are summarized in the Tigard 2007 Resource Report,which provides the substantive factual basis for many of the Plan chapters. Citizen involvement was also an integral element in the update of the Plan. The citizen involvement program included many community meetings and public hearings, as well as considering relevant findings from past citizen surveys and 10 years of citizen engagement associated with the Tigard Beyond Tomorrow visioning project. Through these efforts,values and attitudes of Tigard's citizens were incorporated into the updated City of Tigard Comprehensive Plan. Purpose of the Plan and Its Implementation The City of Tigard Comprehensive Plan is required by state law to be consistent with 12 of the 19 Oregon Statewide Land Use Planning Goals. Local jurisdictions within the Metro regional planning boundary must also be consistent and coordinated with relevant Metro requirements such as the Urban Growth Management Functional Plan and the Regional Transportation Plan. To this end, the Oregon Department of Land Conservation and Development (DLCD) has approved or "acknowledged" the City's Plan as being in "compliance"with the statewide planning goals and consistent with Metro requirements. The City undertook the update of the Plan through the state's Post Acknowledgement Plan Amendment (PAPA) process. Each Plan chapter was separately reviewed by DLCD and found compliant with the statewide planning goals. Furthermore, each Plan chapter was subject to public hearings by both the Tigard Planning Commission and the Tigard City Council. During this process legislative findings were made for each chapter concerning consistency with local policy, state goals, and Metro requirements. City of Tigard 1 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft • • Once "acknowledged", the City of Tigard Comprehensive Plan provides the foundation for actions relating to the update and maintenance of its land use planning program. These actions are accomplished though specific legislative proceedings and include the adoption of codes and standards, public facility plans, capital improvement plans, transportation system plans, etc. It is important to stress that state law does not allow comprehensive plan policies to be directly used as decision-making criteria for most land use decisions. In order for comprehensive plan policies to be applicable to decisions (e.g. subdivision/land partition approval, site design review, tree protection), they must be translated into clear and objective standards such as those found in the Tigard Community Development Code. However,plan policies can be applied to discretionary land use decisions, such as conditional use applications. The primary purpose of the City of Tigard Comprehensive Plan policies are to direct decide legislative decisions such as Plan and Zoning Map amendments, special area plan adoption, and as mentioned previously,adopting development regulations. The of Tigard Comprehensive Plan is also a document that represents the land use vision and values of the community. Many of the Plan's policies are written as mandatory statements,while others have more aspirational qualities. Depending on the situation,both types of policy have the potential to be used by the Tigard City Council and/or the Tigard Planning Commission as decision-making criteria. Ultimately, it is at the discretion of the City's elected leadership whether or not some policy statements versus others are applicable to given circumstances. Even though all goals and policies, including those that are apsirational, are statements of public policy, there are practical limitations to the degree which they can be implemented. The discretion to what degree Plan policies are implemented belongs primarily to the City Council. Implementing measures are subject to constraints such as availability of funds,changes in law (federal, state, or regional), and constitutional limitations. Furthermore, the City and other governments' responsibilities in the areas of public safety may require emergency actions which would otherwise require adherence to specific permit requirements and findings of plan compliance. As the Plan is "comprehensive" in nature, there are no parts which can be considered separately from others. Plan goals and policies are intended to be supportive of one another. However,if conflicts arise between goals and policies when using the plan, the City has an obligation to make findings which indicate why the goal or policy being supported takes precedence. This involves a decision-making process on part of the City which balances and weighs the applicability and merits of the goals and policies that are in contention. The Plan is also intended to be an organizational and management tool to help guide the decisions of City staff and set City goals relating to the use of land. Because the Plan is based on an in-depth analysis of community values, accepted by a broad range of agencies,and determined to be legally compliant with state law and Metro rules, it is a resource to help guide and inform City decisions. However, from an operational perspective the plan is not mandatory. The City can conduct its operations and develop projects consistent with applicable law including its own land use codes and standards. For the Comprehensive Plan to remain relevant, it needs to be updated periodically to be responsive to changing conditions. In fact, state law requires jurisdictions to periodically review their plans. The updated City of Tigard Comprehensive Plan emphasizes several times the importance of City of Tigard 2 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft . • . . updating/revising the Plan as needed to ensure it is current and responsive to community needs and consistent with applicable laws. • Format of the Plan The City of Tigard Comprehensive Plan is organized by chapters that address each applicable Statewide Land Used Planning Goal. Additionally, areas identified as having unique planning needs or land use characteristics are identified under the title of"Special Planning Areas." Every chapter begins with a background and key findings summary followed by goals, policies and recommended action measures. A glossary of key terms is at the end of the document, as are descriptions of Tigard's Comprehensive Plan Map designations. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Goals,policies and recommended action measures identify the intent of the City to accomplish certain results.The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. The following describes goals, policies, and recommended action measures in greater detail. Goal Definition -A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition -A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals.They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation-The City must follow relevant policy statements when amending the City of Tigard Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Plan, the City must show consistency with the Statewide Land Use Planning Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition -A statement which outlines a specific City project or standard which, if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Plan goals and policies. City of Tigard 3 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft i • , • Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies,will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. City of Tigard 4 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft . ATTACHMENT 2 Glossary 100-year Floodplain—An area of land adjacent to a river, stream, lake,estuary, or other water body that FEMA identifies as having a 1% chance of being inundated by flood waters in any year. (FEMA) Adaptive Management- A management approach that seeks to improve the effectiveness of a policy or process by establishing measurable baseline conditions and desired end goals,periodically measuring the success of existing actions against those goals, and making corrections as necessary to improve success. Affordable Housing- The accepted definition found in federal and state programs is housing that costs a household no more than 30% of its gross income for rent and utilities. (U.S. Department of Housing and Urban Development) Biodiversity-The full range of variety and variability within and among living organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species diversity, and genetic diversity. (US Congressional Biodiversity Act, 1990) Citizen- Any individual within the planning area; any public or private entity or association within the planning area,including corporations, governmental and private agencies, associations, firms, partnerships, joint stock companies and any group of citizens. Citizen Involvement Program - A program established by a city or county to ensure the extensive, ongoing involvement of local citizens in planning. Such programs are required by Goal 1, "Citizen Involvement," and contain or address the six components described in that goal. (State of Oregon) Clean Water Services (CWS)—A public utility committed to protecting water resources in the Tualatin River Watershed through innovative wastewater and stormwater services, flood management projects,water quality and stream enhancement projects, fish habitat protection, and more. Committee for Citizen Involvement (CCI) —A local group appointed by a governing body for these purposes: assisting the governing body with the development of a program that promotes and enhances citizen involvement in land use planning; assisting in the implementation of the citizen involvement program; and evaluating the process being used for citizen involvement. (State of Oregon) Community Recreation Facilities —The wide variety of indoor and outdoor sports and leisure facilities owned and operated to promote the health and well-being of the public. Some are used primarily for active recreation, others designated for passive uses,with some overlap among or within individual facilities. Community Parks (Greater than 15 acres) - Provide a variety of active and passive recreational opportunities for all age groups. These parks are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. City of Tigard Planning Commission Workshop CPA2008-00009 1 Comp Plan Glossary—Draft 1 V . Compatibility—The ability of adjacent and/or dissimilar land uses to co-exist without aesthetic, environmental, and/or operational conflicts that would prevent persons to enjoy, occupy, or use their properties without interference. A variety of remedies to compatibility conflicts are normally provided in a jurisdiction's land use program; including limited land use designation,buffering, screening, site and building design standards, transportation facility design, etc. Development—Any man-made change to improved or unimproved real property,including,but not limited to, construction,installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access,storage on the land,grading,clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees. (FEMA) Downtown Tigard—The area of the City that is included within the Urban Renewal District. Economic Gardening- Strategies and programs aimed at helping a community's existing businesses and entrepreneurs grow into healthy,vibrant companies with a strong employment base. (Portland Regional Partners for Business) Efficient Use of Land—Utilization of urban lands in a way that prevents urban sprawl, maximizes the use of existing infrastructure, reduces the need for automobile travel, conserves energy, and provides for easy access to needed goods and services. The efficient use of land also means the application of development principles that result in less land being utilized to accommodate specific uses, thus resulting in compact urban development. Effective Impervious Area - Impervious area such as rooftops, streets, sidewalks, and parking areas do not allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or wetland system via pipes or sheet flow is considered "effective impervious area", because it effectively drains the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is considered"ineffective" because the water is allowed to infiltrate through the soil and into ground water,without a direct connection to the stream or wetland. (Clean • Water Services) Employment and Industrial Areas -Areas identified in Title 4 of the Metro Urban Growth Management Functional Plan as being important to the region's economy. These areas are subject to certain limitations on the type and scale of non-industrial uses. (Metro) Encourage —Support, advocate, or take affirmative action to achieve a particular community objective. Environmental Performance Standards —Located in the Tigard Community Development Code Chapter 18.725, their purpose is to apply the federal and state environmental laws, rules, and regulations to development within the City of Tigard. Family Wage - The average covered pay per worker across all industries, typically at the county level. (Oregon Economic and Community Development Department) City of Tigard Planning Commission Workshop CPA2008-00009 2 Comp Plan Glossary—Draft . • • • Feasible —Reasonably capable of being done, executed, or effected with the means at hand and circumstances as they are;practicable. Federal Emergency Management Agency (FEMA) —The federalagency responsible for administering the National Flood Insurance Program Fine Particulate Matter—Air pollution Comprised of solid particles or liquid droplets that are less than 10 microns in diameter or less than 2.5 microns in diameter. Particles in these size ranges are of great concern because they can be inhaled deeply into the lungs where they can remain for years. (State of Oregon) Floodplain—The area adjoining a stream, tidal estuary, or coast that is subject to regional flooding. (FEMA) • Franchise Agreements —The right to provide service granted to a person pursuant to the"Tigard Municipal Code, including the establishment of rates by the City. Full Service Recreation Facilities - Recreation facilities that provide a diverse, as opposed to a limited, array of recreation choices. Together, these facilities allow for a wide spectrum of recreational programs and activities that meet the recreational and leisure needs of community residents. Functions and Services —The physical, chemical, and biological processes or attributes that contribute to the self-maintenance of a natural system and the benefits human populations derive, either directly or indirectly, from them. An example of a function is the provision of wildlife habitat or the trapping of nutrients,while a service would be supporting the food chain or provision of clean water. Goal—A general statement indicating a desired end or the direction the City will follow to achieve that end. Green Concepts and Practices - Refers to measures to increase re-use and recycling programs, on-site filtration,integrated pest management, the utilizing of new technologies for conservation and energy efficiency,and other best management and operation practices. Greenspace/Greenway (Size should be adequate to protect the resource) -An area of natural quality that protects valuable natural resources and provides wildlife habitat. It also provides opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Habitat—An area upon which fish and/or wildlife depends in order to meet their requirements for food, water, mobility, security,and reproduction. Hazardous Tree - a tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. (International Society of Arboriculture) City of Tigard Planning Commission Workshop CPA2008-00009 3 Comp Plan Glossary—Draft • Hazardous Waste —A solid waste (solid waste includes solids,liquids and compressed gases) that possesses at least one of four characteristics (ignitibility, corrosivity, reactivity,or toxicity), or that appears on federal or state official lists of hazardous wastes. A solid waste is a hazardous waste if is: • Defined by Title 40 of the Code of Federal Regulations (CFR), Part 261 as a hazardous waste; or • A "state-only" waste defined as hazardous in the State of Oregon. Oregon includes six categories of waste in OAR 340-101-0033. (State of Oregon) Healthy Streams Plan—Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowledge and innovation to improve watershed and stream health for community benefit. Historic and Cultural Resources —Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of the Nation, Oregon, and/or Tigard. Household Hazardous Waste —Any discarded, useless, or unwanted chemical materials or products that are or may be hazardous or toxic to the public or the environment and are commonly used in or around.households. Residential waste that is ignitable, corrosive, reactive, or toxic. Examples include solvents, pesticides, cleaners, and paints. (State of Oregon) Impervious Surface —A solid surface, such as streets, parking lots, and roofs, that prevents rain from being absorbed into the soil, thereby increasing the amount of water runoff that typically reaches a receiving stream. Industry Cluster - Groups of similar and related firms in a defined geographic area that share common markets, technologies, worker skill needs, and which are often linked by buyer-seller relationships. (Oregon Business Plan) Innovative Business - A business involved in the creation of new knowledge (invention); the transformation of new knowledge into new products, processes, systems or services (translation) ; and/or the creation of economic value with new products, processes, systems or service (commercialization). (Oregon Economic and Community Development Dept.) Intelligent Transportation Systems—A broad range of diverse technologies which,when applied to our current transportation system, can help improve safety, reduce congestion, enhance mobility, minimize environmental impacts, save energy, and promote economic productivity. Intergovernmental Agreement (IGA) —The most common method, usually in the form of a signed legal contract, for neighboring jurisdictions to cooperate on providing services or implementing programs. Invasive Species - Plants, animals, and microbes not native to a region, which when introduced either accidentally or intentionally, out-compete native species for available resources, reproduce prolifically, and dominate regions and ecosystems. Because they often arrive in new areas unaccompanied by their native predators, they can be difficult to control. Left unchecked, many have the potential to transform entire ecosystems, as native species and those that depend on them for food, shelter, and habitat disappear. City of Tigard Planning Commission Workshop CPA2008-00009 4 Comp Plan Glossary—Draft . . • Landslides —The downslope movement of rock, soil, or related debris that is recognized as a natural hazard. Leadership in Energy and Environmental Design (LEED) —A nationally accepted benchmark for the design, construction, and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings'performance. LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development,water savings, energy efficiency, materials selection, and indoor environmental quality. Linear Parks (Of adequate size to protect natural resources and accommodate intended uses) - May be developed along built or natural corridors to provide opportunities for trail-oriented outdoor recreation. Linear parks may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Linear parks connect residences to major community destinations. Low Impact Development (LID) Practices —An approach to land development that uses various land use planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential environmental impacts. Metro—The regional government of the Portland metropolitan area. The elected Metro Council is the policy setting body of the regional government. Mixed Use Zoning—An area of land within the Tigard city limits designated for buildings or structures with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. Municipal Separate Storm Sewer System (MS4) Permit—Required by Section 208 of the Clean Water Act and held by Clean Water Services, the permit requires the implementation of stormwater pollution prevention plans or stormwater management programs (both using best management practices) that effectively reduce or prevent the discharge of pollutants into receiving waters. National Ambient Air Quality Standards —Established by the United States Environmental Protection Agency, the standards are designed to regulate air pollutants that are harmful to people and the environment. Primary standards are set at levels meant to protect human health, including sensitive populations such as children, the elderly, and individuals suffering from respiratory disease. Secondary standards are designed to protect public welfare (e.g. building facades, visibility, crops, . and domestic animals). National Pollution Discharge Elimination System (NPDES) Permit—Held by Clean Water Services, the permit is required by the Clean Water Act,which prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit contains limits on what can be discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants. City of Tigard Planning Commission Workshop CPA2008-00009 5 Comp Plan Glossary—Draft . Natural Area—City-owned land and water that has substantially retained its natural character and provides important habitat for plant, animal, or aquatic life. Such areas are not necessarily completely natural or undisturbed, but can be significant for the study of natural, historic, scientific, or paleontological features, or for the appreciation of natural features. (Statewide Planning Goals) Natural Resources —resources and resource systems identified in Statewide Planning Goal 5 including fish and wildlife habitats,wetlands, streams and associated riparian corridors, groundwater, and rare and endangered fish and wildlife, plants, and plant communities. Natural Systems —Interactive, interrelated,and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Nature in Neighborhoods Program—A Metro region conservation initiative that brings people and government together to ensure a healthy urban ecosystem. The initiative will align the region's conservation programs behind a strategic effort to protect clean water and healthy natural areas for fish,wildlife and people. It will add more hands-on capacity for conservation education and habitat restoration. Neighborhood Parks (4 to 14 acres)—The foundation of the parks and recreation system, they provide accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Open Space —Public or privately owned areas, both undeveloped or minimally developed, intended for nature-oriented recreation and the protection of natural resources. Open spaces may include developed facilities that support outdoor recreation and trail-oriented recreation. Park Services - A generic term used to refer to parks, recreation, trails, and open spaces collectively. Parks System Development Charges - Charges assessed to new developments for the acquisition and development of parks, open spaces, and paved trails. They are assessed based on the cost of providing these services to new City patrons. Peak Oil—The point in time when the world's endowment of oil has been 50 percent depleted. Once the peak is passed, oil production will begin to decline as costs begin rise. Pocket Parks (2,500 square feet to 2 acres) - Provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Policy—A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Promote— Support, advocate, or take affirmative action to achieve a particular community objective. City of Tigard Planning Commission Workshop CPA2008-00009 6 Comp Plan Glossary—Draft . . Proven Community Need—Evidence required to amend land use map(s),which ensures that the new land use being proposed is needed in the community in that particular location,versus other appropriately designated and developable sites. Public Facilities and Services —Publicly funded infrastructure and services, such as public safety, sanitary sewers, domestic water,water quality, parks, transportation, governance, etc. that are required for the community's safety, health,welfare, prosperity,and quality of life. Public Facility Plan—A support document or documents to the Comprehensive Plan that describes the sewer,water, and transportation facilities needed to support the land uses and densities designated in the Plan. It is less specific than a Capital Improvements Program and required by Oregon law for cities with a population of 2,500 or more. Public Interest—Shared interests often expressed as commonly held values that are perceived to be of general benefit to the whole community and the welfare of the general public versus that of specific entities, and which warrant recognition, promotion, and protection by the City. Recommended Action Measure—A statement which outlines a specific City project or standard, which if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Regionally Significant Habitat—Areas containing significant fish and wildlife habitat as identified and periodically updated though the Metro Nature in Neighborhoods Program. Renewable Energy—Energy sources that are replenished by natural processes on a sufficiently rapid time-scale. They can be used by humans more or less indefinitely, provided the quantity taken per unit of time is not too great. Rent—Payment over time for the use of City property for private wetlands mitigation. The term is used in the 1996 COT resolution (Res 96-42) pertaining to such use. Right-of-Way Usage Fee—Annual payment calculated as a percentage of gross revenue and assessed to all persons using a utility system or facility in the right-of-way to provide service to customers within the City of Tigard. Riparian Corridor—A Goal 5 resource area adjacent to a river, lake, or stream, and consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem. It includes the water areas, fish habitat, adjacent riparian areas, and wetlands. (Statewide Planning Goal 5) Riparian Habitat—Areas located within and dependent upon the unique habitat elements provided within a riparian corridor. Sensitive Lands—As defined in Chapter 18.775.010.G of the City of Tigard Community Development Code. City of Tigard Planning Commission Workshop CPA2008-00009 7 Comp Plan Glossary—Draft �/ • Severe Weather Hazards—This broadly defined hazard category includes windstorms, severe winter hazards (e.g., snow,ice, prolonged cold), thunderstorms,tornadoes, drought, prolonged extreme heat and other weather conditions that disrupt vital regional systems and threaten lives and property (Metro Regional Hazard Mitigation Policy and Planning Guide). Solar Access —Ability of sunlight to reach a solar collector unimpeded by trees, fences, buildings, or other obstruction. Solid Waste Collection and Disposal—Act of ensuring that any material no longer usable by the generator, producer, or the source of the material is properly disposed of or resource-recovered by another person. Special Needs Housing - Housing units which are available to a specific population, such as elderly, disabled, homeless, or people recovering from drug or alcohol abuse. Special Use Area (variable depending on desired size) - Public recreation lands that are specialized or single purpose in nature. Examples are dog parks,skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. Stormwater- Precipitation that accumulates in natural and/or constructed storage and conveyance systems during and immediately following a storm event. Stormwater Management—Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control, and/or convey stormwater. Stream Corridor—Area adjacent to a perennial or intermittent creek or river that protects the water quality functions of the stream as well as fish and wildlife habitat. Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. Sustainability requires simultaneously meeting environmental, economic and community needs. System Development Charge—A reimbursement fee, an improvement fee, or a combination thereof, assessed or collected at the time of increased usage of a capital improvement or the issuance of a development permit, building permit, or connection to the capital improvement. Tigard Urban Planning Area—Area identified in the Tigard Urban Planning Area Agreement (required by Statewide Land Use Planning Goal 2) with Washington County that will ultimately be under governance by the City. Tigard Urban Services Area (TUSA) —Area identified in the Tigard Urban Services Area Agreement (required by ORS 195) for which ultimate service providers are identified to ensure appropriate planning and delivery of urban level services. Total Maximum Daily Load (TMDL) - Calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the City of Tigard Planning Commission Workshop CPA2008-00009 8 Comp Plan Glossary—Draft 1 pollutant's sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources.The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes the State has designated. The calculation must also account for seasonal variation in water quality. Traded Sector- Business sectors that sell goods and services outside the region to the broader state, national, and international markets; and/or produces goods and services that normally would have to be imported into the community. These businesses bring income into the community or region and keep local income from going elsewhere. (Oregon Business Plan) Trails and Connectors - Public access routes for commuting and trail-oriented recreational activities including sidewalks,bikeways, multi-use trails, and paths. Up-to-date —Being in accord with relevant facts, knowledge, techniques, styles, etc. Upland Habitat—All habitats beyond a riparian corridor. Urban Growth Boundary—Managed by Metro, a boundary that acts as a tool to protect forest and farmland from urban sprawl and promotes the efficient use of land,public facilities and services • inside the boundary. Urban Forest- Broadly defined as all the trees within the City collectively. Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species,genetics, abundance and age. Diversity in structure means variation and abundance of vertical and horizontal arrangement, heterogeneity, forest density,micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession,and value as green infrastructure. • Urban Interface Zone —The zone is located at the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. Wastewater System-An underground carriage system that is responsible for transporting sewage from houses, businesses, and industry to a treatment facility. In the City of Tigard, they are operated separately and independently of the stormwater system. Sanitary lines generally consist of laterals (services to a particular unit), mains, and manholes (or other various forms of traps). Wetland—An area that is inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support,and that under normal circumstances does support,a prevalence of vegetation typically adapted for life in saturated soil conditions. (Statewide Planning Goal 5) Wildfire—An uncontrolled fire which is burning on forestland and which is damaging, or is threatening to damage, forest resources or structures. Workforce Housing- Workforce housing can be rental and ownership market housing units that are affordable to households with incomes between 60-120% of median family income. (Urban Land Institute) City of Tigard - Planning Commission Workshop CPA2008-00009 9 Comp Plan Glossary—Draft • ATTACHMENT 3 August 18, 2008 Planning Commission City of Tigard RE: Comments on Definitions Section for the revised City of Tigard Comprehensive Plan Dear Planning Commission members: Citizens such as myself have spent considerable time and effort in participating in the revisions of Tigard's Comprehensive Plan(CP), yet have little input on the Definitions section. We have the following comments for tonight's workshop. Some of these comments we provided in May at the Commission's workshop on Natural Resources,but we find that again, our comments have been omitted from the staff's latest Definition section. • There need to be Definintions for the following, as all of these are addressed either in the Parks, Recreation, Trails & Open Space or Natural Resources sections of the CP. • Both the PC and staff agreed at the last workshop in May that*examples would be included in the Definitions section. o "Community Parks"—Add"Community Parks often include natural areas or open space that provide important wildlife habitat as well as providing nature oriented recreation such as bird watching." "Examples include Cook Park and Summerlake Park." o "Greenspace/Greenway"—Remove the wording"Size should be adequate to protect the resource." We have many areas in our greenways that are small (less than 5 acres)but that provide crucial habitat for migratory birds, amphibians and many other species. Bonita Park for example, contains the rare lilly camas in an area less than 1 acre but that small greenway is important in offering habitat for a rare and unique plant in Tigard. o "Open Space" - Add, "Open space may also include areas set aside solely for the protection and conservation of fish and wildlife habitat and species." This comes directly from wording in the adopted Policies section of Parks/Recreation/Open Space section of the Comp. Plan. o "Rare"—There needs to be a definition for"rare"as this is addressed in the Parks,/Trails/Open Space section. Rare can be defined as "A plant, fish, wildlife or plant community that is considered unique,uncommon, unusual,or occurs infrequently. In some cases, rare species may also be listed by state and/or federal agencies." Examples of rare species in Tigard are several fish species, western pond turtles,Northern red-legged frogs,camas, western red cedar/skunk cabbage bog plant community and oak prairie habitat. 1 o "Upland Habitat"—Add, "Upland habitats include for example, * oak prairie (in Bonita Park),Ponderosa Pine/Oak camas prairie(Fowler Middle School open space), and Mixed conifer forest in Cook Park. o "Wetland"—Use the definition accepted by the Division of State Lands. o Comprehensive Plan Map Legend /"Open Space"—Change current definition to read"These are areas designated to be retained in a natural state. In those areas where appropriate and where natural resources and not negatively impacted, some development of recreational uses may occur," o Include definitions for both State and Federal listings including"Threatened, Endangered or Sensitive"listed species (these are on-line). Thank you all for your time and consideration in this matter. Sincerely, Susan Beilke, Board Member,Fans of Fanno Creek Vice-President, Friends of Summer Creek • A • • 4 ' .1 City of Tigard fiKK .. r Tigard Business Meeting — Agenda TIGARD CITY COUNCIL &LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: September 9, 2008 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171,ext. 2410 (voice) or 503-684-2772 (11)D - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:45 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB AGENDA- September 9, 2008 City of Tigard I 13125 SW Hall Blvd. Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 3 0 I ri, 7/ - City of Tigard ``� Tigard Business Meeting — Agenda TIGARD CITY COUNCIL &LOCAL CONTRACT REVIEW BOARD(LCRB) MEETING DATE/TIME: September 9, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard- Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION Volunteer Program Discussion- Administration Department Legislative Agenda Discussion- Administration Department Transportation System Plan Citizen Advisory Committee Discussion-Community Development Department 7:30 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. PROCLAMATION- Mayor Dirksen • NATIONAL DRUG&ALCOHOL RECOVERY MONTH 3. CITIZEN COMMUNICATION(Two Minutes or Less,Please) • Tigard High School Student Envoy Alexa Kanbergs • Tualatin Valley Fire &Rescue Quarterly Report from Captain Dawson • Citizen Communication- Sign Up Sheet • Follow-up to Previous Citi7Pn Communication 7:45 PM 4. CONSENT AGENDA: (Ti,ga7d City Council ancl Loral Contract ReziewBov4) Thee in are considered to/e routine and nuy he enacted in one nation without separate discussion A nyane mry raft that an item he rerrnzcrl by notion for discussion and separate action Motion to 4.1 Approve City Council Minutes for July 8 and 15,2008 4.2 Receive and File: a. Council Calendar b. Tentative Agenda: c. Fifth Tuesday Minutes from July 29,2008 TIGARD CITY COUNCIL/LCRB AGENDA- September 9, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 3 • 43 Local Contract Review Board: a. Award Contract for 08-09 Pavement Major Maintenance Program (PMMP) Phase II (79th Avenue Reconstruction)- Resolution No.08- 4.4 Approve Resolution of Necessity to Acquire Certain Real Estate along SW Dartmouth Street for Street Improvements - Resolution No.08- 45 Approve Grant Application to the Royal Rosarian Foundation in the Amount of$28,000 4.6 Approve Mini-Grant Application to Alliance for Community Traffic Safety in Oregon (ACTS) Bicycle Safety-Resolution No. 08- • Consent Agenda- Items Reamed for Separate Disc tcsion These items are considered to he routine and may he enacted in one nxxion zeithout separate discussion Anyone mzy request that an item le remixed by nxttion for discussion and separate action 7:50 PM 5. WORKSHOP for COMPREHENSIVE PLAN AMENDMENT(CPA)2008-00006:URBANIZATION • Community Development Department 8:50 PM 6. COUNCIL LIAISON REPORTS 7. NON-AGENDA ITEMS 8. 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. 9O0 PM 9. ADJOURNMENT I:\ADM\Cathy\CCA\2008\080909 business.doc TIGARD CITY COUNCIL/LCRB AGENDA- September 9, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of 3 • Agenda Item # —5— Meeting Date September 9,2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Workshop for Comprehensive Plan Amendment (CPA) 2008-00006: Urbanization Prepared By: (-Darren Wyss— Dept Head Approval: City Mgr Approval: fr��/4 ISSUE BEFORE THE COUNCIL Review and discuss with staff,proposed Comprehensive Plan goals,policies,and recommended action measures recommended by the Planning Commission at their August 18, 2008 public hearing (CPA2008-00006). STAFF RECOMMENDATION Council is requested to become familiar with the Commission's recommendation to adopt Comprehensive Plan goals, policies,and recommended action measures pertaining to Goal 14:Urbanization,and identify any additional material or information to assist in making its decision at a public hearing scheduled for October 14,2008. KEY FACTS AND INFORMATION SUMMARY The proposed Urbanization chapter included in the amendment is a result of Council's direction to complete a full update of the Tigard Comprehensive Plan. The updated chapter is based on the extensive inventory and facts included in the Tigard 2007 resource document that detailed current community conditions and trends and current circumstances surrounding urban growth boundary decisions (Urbanization Summit and Urban/Rural Reserves Process).Additionally, staff reviewed relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the expressed values and attitudes of the hundreds of citizens who participated in these efforts were incorporated into the update of the Comprehensive Plan. Council's direction to update the Comprehensive Plan also stressed the importance of garnering citizen input. The opportunity for input was presented at two Policy Interest Team (PIT) meetings hosted by the Planning Commission. The Planning Commission acted as the host for the Policy Interest Team meetings as staff felt this was important to the process because the Commission is directly involved in implementing the City's growth management program. By hosting the PIT meetings,the Commission was given the opportunity to fully understand the concepts and information (see Attachment 3) before reviewing the information in the public hearing setting. The Commission, the PIT, and staff found consensus on draft goals, policies, and recommended action measures through consideration of the technical information, previously expressed values and attitudes, and concepts presented at the PIT meetings. Subsequently, the Planning Commission held a public hearing on August 18,2008. The Commission recommended the Council adopt the updated chapter(Attachment 1)included in CPA2008-00006. No changes were requested at the public hearing. Like all updated Plan chapters that will come before Council,it is important that the Urbanization chapter be technically sound.Therefore, during the development of the chapter,various City departments were asked to review and comment on its technical accuracy and conformance with applicable laws and rules. Also, the updated chapter was sent to state, federal,and regional agencies for review. 1:\LRPLN\COMPPLAN\Volume!!\CPA\2008-00006\CC Workshop\9-09-08 AIS CC Workshop CPA 2008-00006.doc 1 • The intent of the updated chapter is to provide Tigard a much better foundation on which to prepare ordinances, associated plans, development standards, programs, and intergovernmental agreements.This is necessary to provide the tools needed to address the appropriate development and implementation of effective growth management and land use programs. Such programs are essential to a high quality of life and the health, safety, and welfare of the community. By adopting the new Comprehensive Plan chapter, the City signals that it is committed to a principle of planning for and using land efficiently and wisely.Whether required by federal, state,and regional regulations, or simply the aspirations and wishes of the community. The proposed chapter provides a necessary update to the current language in the Comprehensive Plan,which is out of date and limited in scope. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update their plans to reflect current conditions, regulations, and information relating to the Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with the Statewide Planning Goals through goals and policies that act as the basis to manage, maintain, and expand the growth management program of the community. The meeting minutes from the Planning Commission public hearing can be found in Attachment 2. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Proposed Language for CPA2008-00006 Attachment 2: Planning Commission Meeting Minutes —August 18, 2008 Attachment 3: Concepts and Information presented to Policy Interest Team FISCAL NOTES N/A 1:\LRPLN\COMPPLAN\Volumell\CPA\2008-00006\CC Workshop\9-09-08 AIS CC Workshop CPA 2008-00006.doc 2 •' • *' ATTACHMENT 1 x ;r t s a zKS � r i 4f,h ti 't it- ''';',- T l K ::',w- . at � y *yt * 4 - t-“ i i a ,....��.:1-- s�r * >'a S 3 a 4,� i.z ,,- ,•-,„f.; 4,t, =,' ,ot f s £,i '` r7. .„1",,%..._.;,_f.}: x _f , -{. t j f'-',%"::,1:' �+ R E _rku t y• pj,ytt ~ . ,gr .� t,.-.. , ..�'.�'� 4 �� * ,i tS ue_ ;4 �' _ '_ PrYNf� ,.tea .ai .3 ice, S ,. ." q f. [ .-4,- .L ^,^ I.i}. L i fey tir �C _ �� f �� �Ss �"4� tA? 'kill F'd �A(,.f $ \ p � Urbanization To provide for an orderly efficze transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities ” III II II :1, 1 II „ ; It 11 • • 4 URBANIZATION ADOPTED AMENDMENTS DATE CPA# CHANGES 00/00/00 CPA2008-0000X San velessit lam euipit, se molum iureetue do euiscip ero diatincinibh ea commv nullamc onsequam dolobor am, sequatem venisi. • • 1 City of Tigard I Comprehensive Plan 0 • ' URBANIZATION Asignificant challenge faced by many communities is how to manage "As Tigard and .- growth,particularly the transition from g '='. • rural to urban land uses,or redevelopment to moves into the more intense land uses. As Tigard moves into future, the City the future, the City must manage growth for t. the benefit of its citizens and businesses. The must manage '' City must ensure that growth decisions result in high-quality development, protect natural growth for the l - resources,provide services in a coordinated and logical manner, and are fiscally sound. benefit Of its iy The thoughtful planning of growth will citizens and A, help to accommodate future population and - employment,while addressing the community's businesses." desire for a high quality of life. Iv. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coor- dinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. GOAL 14: URBANIZATION `To provide for an orderly and efficient transition from rural to urban land use,to accommodate urban population and urban employment inside urban grolnth boundaries. to ensure efficient use of land, and to provide for linable communities." One of the primary tools used in Oregon to control sprawl,preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary.Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Comprehensive Plan I- City of Tigard 14-1 • • URBANIZATION Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives,adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan(1997). The Regional Framework Plan includes Metro'r 2040 Growth Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation,including accommodating Metro's 2040 Growth Concept. Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched,or approached,the UGB. This is a result of Tigard being surrounded on the north,east,and south borders by the adjacent cities of Beaverton,Portland,Lake Oswego,Durham,Tualatin, and King City,while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part,reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts,and those located within Tigard such as parks,library, emergency police response, employment,and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorpo- rated urban level development are the primary issues facing the City's growth management decisions. There are few large,vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelop- ment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development,the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB.As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with 14-2 City of Tigard I Comprehensive Plan • O ' URBANIZATION agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agree- `Washington ment outlines the role,provision,area,and planning/coordination responsibilities for service County is .. providers operating with the TUSA. The TUSA g is important to the City,particularly the planning collaborating f; and coordinating with special districts,because it helps the City to ensure the best services are with Metro provided to its citizens.The Agreement was last jurisdictions updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, to identify which coincides with the UPA. urban and The City put forward a plan to annex the unin- rural reserves ` corporated Bull Mountain area of the TUSA to 1• voters in 2004. City of Tigard residents over- that wi ll whelmingly passed the measure, but residents in the area to be annexed soundly defeated it, thus dictate any leaving the status quo. Then in 2006 an incorpo- needed ration effort took place to form the City of Bull Mountain and was b r again turned down voters. `- g � future UGB 11 The issue of unincorporated urban level develop expansions. ment gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. -—_ .-- _< - _e r- _ --_°- - — _ . - •.. -• - I .-Until areas 63 and 64 can be included within an existing city, the City of Tigard opposes the provision of services that would allow for urban level devel- opment within the areas. Additionally,Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expan- sions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for,the future. Comprehensive Plan I City of Tigard 14-3 • • ' URBANIZATION The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. KEY FINDINGS: • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development,and public services. GOAL: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. 14-4 City of Tigard I Comprehensive Plan • URBANIZATION /41+ \('-r V 5r, \o„.,„ POLICIES: 1. The City shall only approve the extension of City services: hi avki A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service J` District Formation . e( e r„-;,,,swv 2. The City shall maintain, and amend when necessary,agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expan- sion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict;and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. RECOMMENDED ACTION MEASURES: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. Comprehensive Plan I City of Tigard 14-5 /1 • • URBANIZATION ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. M. Ensure the City is represented in planning efforts for unincor- porated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. d"" GOAL: G 4.2. Implement the Tigard Urban Services Agreement through all reasonable VGW �G and necessary steps,including the appropriate annexation of unincorpo- 4krated properties. V POLICIES: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists,or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 14-6 City of Tigard I Comprehensive Plan 1 • • :: 4 :eft URBANIZATION 54,E Sff..4 4. The City shall evaluate and may /�-Y„/ moire”that parcels adjacent to "The City V e proposed annexations be included to: shall ensure :_ A. avoid creating unincorporated that capacity islands within the City; B. enable public services to be effi- . exists, or can ciently and effectively extended to sr, , 4s the entire area; or be developed ' C. implement a concept plan or sub-area master plan that has to provide been approved by the Planning Xh Commission or City Council. needed urban level services to 5. The City shall periodically update and/or amend its Public Facility Plan an area when to ensure the predictable and logical sir provision of urban services for areas approving anticipated to be within the Tigard annexation." G' city limits. RECOMMENDED ACTION MEASURES: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unin- corporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives,as appropriate, to encourage owners of unincorporated properties.to annex to the City. • iv. Develop criteria and procedures to encourage and,when necessary,require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. Comprehensive Plan I City of Tigard 14-7 • INS URBANIZATION GOAL: 14.3. Promote Tigard citizens'interests in urban growth boundary expansion and other regional and state growth management decision. POLICIES: 1. The City shall support regional and state growth management decisions, while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form, prevent future unincorporated urban development,and prevent urban sprawl. �p/► 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major Q�' transportation corridors to be consistent with Statewide Planning Goals 1(JJ and the Metro Framework Plan. G� 4. T. - City sh. . o provis' cipal se. ices N' 'thin its -li ts,in the abse e •' a signed in rgovern' ent. agreeme ,t. 5. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. RECOMMENDED ACTION MEASURES: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by.e..iiistirr&ci es and annexed prior to development. al. Ga, ii. Work with the state,Metro and other jurisdictions to resolve r h p� legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban Growth Bound kpe -,,PC/60p. 14-8 City of Tigard Comprehensive Plan • S URBANIZATION iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County,its cities,Metro, and others to address: A. public service equity issues associated with unincorporated urban development; and B. prevent blight conditions associated with underserved urban development. v Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and popula- tion growth. • • Comprehensive Plan City of Tigard 14-9 _ .. . •-. ... ••-- - -- -. Findings • - - - - ' - -- - - ' ' •, -- - • '_' - ' by the year 2000. The current 1983 population is 18,379. A portion of this increase is due to moons: Beuneary. • The intent of the City is to provide for an orderly and efficient land use pattern and urban CPA2008-00006 1 Attachment 1 City of Tigard Goal 14:Urbanization e. Provide a process for annexations of land to the City. limits: POLICIES 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF e .� . .- . • . . • - . THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; CPA2008-00006 2 Attachment 1 City of Tigard Goal 14:Urbanization • 1. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH THE FOl 1 OWIN&_• 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE e• . \ . _ _ . - _ _- _ ti. - e 9A _. a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). • (Rev. Ord. 84 21) CPA2008-00006 3 Attachment 1 City of Tigard Goal 14:Urbanization 10.2 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS POLICIES _ _ . __ . . . . .. _ • e. . _ . AP SEWERAGE AGENCY(USA)LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. CPA2008-00006 4 Attachment 1 City of Tigard Goal 14:Urbanization S • • POLICIES 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD - _ • -. .■ _ -. • ■ _ CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE •• • _ . . _ . r 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING . _ . . . • - . .. • • • . . _ CPA2008-00006 5 Attachment 1 City of Tigard Goal 14:Urbanization • • Policy Interest Team Meeting #3 Urbanization — Draft Goals, Policies, and Recommended Action Measures Goal: 14.1. Provide and/or coordinate the full range of urban level services to lands and the residents citizens within the Tigard City limits. Goal 14.2 Commentary: The City has an obligation to its citizens to ensure the provision of the best facilities and services the community can fund. Providing services outside of the city limits hinders the City's ability to meet its obligation to its citizens. Policies: 1. The City shall net only approve the extension of City services except: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). Note: This policy was adopted by City Council in November 2007 Policy 1 Commentary: The City of Tigard's position is to not supply urban services outside of its city limits. The simple application for subdivision and/or annexation should not be enough to approve the extension of services,but the approval of the applications must happen first. An exception to the policy is that when it can be proven that a health hazard exists that will be eliminated by the extension of the service. Criteria for identifying a health hazard are located in the Oregon Revised Statutes. However,providing services in the case of a Health Hazard annexation also means that the affected properties must annex to the jurisdiction/agency providing such services. 2. The City shall maintain, and amend when necessary, agreements an Urban Service Agreement with Washington County that recognize the City as the ultimate provider of governance and identified services within the Tigard Urban Services Area. Policy 2 Commentary: The City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA).The current UPA contains the city limits as well as unincorporated areas of Bull Mountain and Metzger. The City also has entered into the Tigard Urban Service CPA2008-00006 1 Attachment 3 City of Tigard 8/25/2008 • Agreement with Washington County. The agreement outlines the role,provision, area, and planning/coordination responsibilities for service providers operating with the Tigard Urban Service Area (TUSA). The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA,which coincides with the UPA. These agreements have been put into place because of the recognition that cities are better suited to provide urban level services than county government (Oregon Administrative Rules). Maintaining the City's agreements provides the possibility that Tigard may eventually govern new UGB expansions. 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. Policy 3 Commentary: The City needs to be involved in decisions related to growth planning or development applications within the TUSA. This will help to ensure that if the unincorporated lands within the TUSA are annexed, the public facilities and services will be available to serve the planned growth or existing development. Conformance with adopted plans and agreements will also be checked during this process. 4. The City shall oppose formation of any new service district, or expansion of existing districts,within the Tigard Urban Services Area that could conflict with the existing and future delivery of City services. Potential Alternatives The City shall protect the existing and future delivery of City services and oppose the formation of any new service district, or expansion of existing districts, that could create a conflict within the Tigard Urban Services Area. Policy 4 Commentary: The City has a need to protect its rights as an identified urban services provider within the TUSA. The City commits significant staff resources to plan for capital improvement needs and then finances these improvements to better serve its residents. If the plans and facilities are weakened by new or expanded districts, the City and its residents bear any associated financial burdens. Cities already bear inequitable/non-assignable costs imposed by underserved unincorporated urban areas when their residents use city services such as parks, libraries, transportation facilities,public safety, etc. Expanding/creating districts to promote additional unincorporated urban development damages the integrity of intergovernmental service provision and planning agreements and interferes with the City's ability to be efficient and effective in its own services. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. Define short and long term service provision roles; CPA2008-00006 2 Attachment 3 City of Tigard 8/25/2008 • B. Specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. Provide for coordination of plans and programs; and D. Require services are provided consistent with the City's adopted Public Facility Plan. Policy 5 Commentary: It is in the interest of the City to enter into agreements with any service provider operating within the TUSA to ensure everyone is receiving adequate, efficient,and effective services. This includes the planning of services, the need to eliminate duplicity of services thru coordination, and defining the role of the providers. As importantly, the long term service role must also be well defined. This includes the transition of facility ownership and management,when these transfers should take place, and coordination to require service provision is consistent with adopted plans. Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and require annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary and in Metro decisions to expand the urban growth boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. CPA2008-00006 3 Attachment 3 City of Tigard 8/25/2008 • Goal: 14.2. Annex unincorporated properties as opportunities arise in order to implement the Tigard Urban Services Agreement. Potential Alternatives Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. Take all reasonable and necessary steps to implement the Tigard Urban Services Agreement, including annexation of unincorporated properties as opportunities arise. Goal 14.2 Commentary: Tigard has been identified as the ultimate provider of certain urban services with the TUSA. Tigard's position is that cities are better suited to provide urban level services and will welcome voluntary annexations as property owners inquire about the process and services that will be received. Policies: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation on that property. Policy 1 Commentary: Metro and its regional partners have invested greatly in the planning of the region. This ranges from solid waste removal to transportation planning. In order for these planning efforts to realize their intended outcomes, jurisdictions must cooperate in implementing the assumptions of the efforts. Washington County has adopted a comprehensive plan for its unincorporated areas that assumes a certain level of development in the future. This includes housing and employment allocations that they are obligated to fulfill. When a property annexes to a city,it is important for the planning assumptions to remain intact for the region to function as intended. This is especially true to reduce negative impacts upon the transportation system from higher than planned densities/uses. 2. The City shall ensure the capacity exists, or can be developed, to provide needed urban level services to the area when approving an annexation. Policy 2 Commentary: The City is responsible for the provision of urban services to its residents. An important part of this responsibility is adopting plans and programs to act as a guide. When a property is proposed to be annexed, the City is obligated to analyze current conditions and future plans for services to ensure the capacity exists, or will in the future, to effectively serve the CPA2008-00006 4 Attachment 3 City of Tigard 8/25/2008 • annexed property without diminishing service provision to current residents and their properties. 3. The City shall approve proposed annexations based on findings that the request: A. Eliminates an island of unincorporated territory within the City; or B. Is contiguous to current City limits and is located within the Tigard Urban Services Area; and C. Can be accommodated by City's public facilities and services. Policy 3 Commentary: State law governs the annexation of property in Oregon. Municipalities are allowed to annex islands, based on a number of requirements,without consent of the property owners. This eliminates inefficient provision of services based on fragmented patches of governance. If outside of an island, state law mandates a property be contiguous to the city limits to be eligible for annexation. This again helps to eliminate fragmented governance. In both cases, the annexed properties will now be paying taxes for facilities and services they either already access or would in the future. In addition to following state law, the City must still ensure the capacity exists to accommodate the services and facilities needed for the property. 4. The City shall evaluate and require,when appropriate, parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Policy 4 Commentary: - It is in the City's interest to avoid creating unincorporated islands•within the City because of the consequences of fragmented governance and inefficient delivery of services that is associated with islands. When application for annexation is made with the City, requiring properties to join the annexation to eliminate the creation of an island is preferable. Additionally, ensuring public services are being extended efficiently is in the best interest of the City and its residents. Requiring a property to join an annexation to ensure efficient extension of service, or to implement an adopted land use plan for the area is also preferable. 5. The City shall : • :a :..- . -, ; ; -- : - -- - - , ---- - periodically update and/or amend its Public Facility Plan to ensure the predictable and logical - provision of urban services for areas anticipated to be within the City Limits. Policy 5 Commentary: State law requires the adoption of a Public Facility Plan for the City of Tigard. Included in the plan are an inventory and assessment of existing systems and an identification of projects needed to support land uses designated in the Comprehensive Plan. The purpose is to ensure a timely, efficient, and orderly arrangement of facilities and services. CPA2008-00006 5 Attachment 3 City of Tigard 8/25/2008 • Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unincorporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage, and when possible, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. Goal: 14.3. Promote Ensure Tigard residents' interests arc represented and promoted in urban growth boundary expansion and other regional and state growth management decisions. Goal 14.3 Commentary: The City wants access and representation in decisions regarding expansion and growth in the region; essentially our due process rights as a member community must be preserved and used. In addition,Washington County and the state are involved as it pertains to the Urban Reserve and Rural Reserve issues. They must work in tandem with the City to make decisions that affect Tigard residents. The City must have a seat at the table during the decision-making process. For example,urbanization decisions on new UGB lands can have profound impacts on Tigard's Transportation System;negatively affect the City's ability to redevelop its Downtown and Highway 99W Corridor; and further burden City services through unincorporated urban development. Policies: 1. The City shall support Metre regional and state growth management decisions, while promoting policy that to the extent they supports cities as the best building blocks of an efficient, stable, and compact urban region. Policy 1 Commentary: Over the years, in addition to the management of the Urban Growth Boundary (UGB), Metro has become much more involved in other growth management decisions. These are related to the development of a compact urban form, efficient/effective use of CPA2008-00006 6 Attachment 3 City of Tigard 8/25/2008 • infrastructure, natural resource protections, transportation planning, focusing development in centers, corridors, employment lands, etc. The City has agreed with and been involved in the implementation of these principles and needs to continue to be engaged in the regional and state political/growth management discussions. One issue the City has a pressing interest in is the urban level unincorporated development that has taken place in the region, some of which abuts the City's boundaries. The City's position is that cities are better suited to provide urban services. The taxing structures of counties and cities are set up to make cities better suited to provide urban services and implement regional growth management principles. However, this has not stemmed continued unincorporated urban growth. Addressing this issue is important to not only the City of Tigard,but to the region as a whole. 2. The City's support of regional Urban Growth Boundary management decisions shall consider if these actions prevent future unincorporated urban development,prevents urban sprawl, and promotes the development of an efficient and compact urban form. Policy 2 Commentary: One of the primary tools used in Oregon to control sprawl,preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Existing unincorporated urban development presents a problem when UGB expansion is proposed as it may block a city's ability to expand and provide services to new UGB areas. This undermines the position of the region's cities as the best building blocks of an efficient, stable, and compact urban region. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. Policy 3 Commentary: The City and its residents would like to protect existing single-family neighborhoods to retain the low density residential character of much of the community. Seventy percent of Tigard is zoned residential,with low density zoning (7500 square foot minimum lot size or greater) occupying 41.5% of City land. In order for the community to retain this character, a need exists to accommodate more intense urban land uses within its town and regional centers and major transportation corridors. Metro has designated Washington Square as one of nine Regional Centers; all having connections via high-capacity transit and highways. Town Centers (Tigard Downtown) are intended to be a principal center of urban life,while corridors (99W and Hall Blvd) are • CPA2008-00006 7 Attachment 3 City of Tigard 8/25/2008 I • • intended to feature a high-quality pedestrian environment, convenient access to transit, and somewhat higher than current densities. 4. The City shall not provide municipal services outside its city limits. Policy 4 Commentary: City residents pay City taxes,while residents living in unincorporated urban development do not pay City taxes. Based on the principle of equity,Tigard residents should not subsidize services provided outside of the municipal boundary. This includes the maintenance of infrastructure, the provision of staff services, and infrastructure capital improvements. 5. The City shall not support the formation or expansion of service districts or special county funding levies if these actions result in the expansion/or intensification of unincorporated urban areas. Policy 5 Commentary: Expansion and formation of service districts and special levies support unincorporated urbanization, adding to the problems associated with this type of development. The uncontrolled expansion of service districts exacerbates some negative growth management consequences. A significant part of the City's currently identified Urban Planning Area (this includes Metzger and Bull Mt.) has been urbanized in unincorporated Washington County. Key services, mainly sewer services,have been provided by County Service Districts. Public safety has been accommodated to a degree by enhanced Washington County Sheriff's services. The consequence is that residents of these areas use services provided Tigard and other cities that are not provided by the County (parks for example). This situation negates incentives for property owners to annex to the City. The provision urban services by service districts to unincorporated urban lands have negative growth management consequences as stated above. In Tigard's situation, unincorporated development in the Bull Mountain area now separates urban growth areas 63 and 64 from Tigard. Because these areas are not contiguous,they cannot be annexed to the city. Therefore, absent a change in Washington County's policy and state annexation law, the City should not continue to plan to provide services for these areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of lands that are within the urban growth boundary. CPA2008-00006 8 Attachment 3 City of Tigard 8/25/2008 • • iii. If there are to be new cities in the Portland Metropolitan region, encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban • development; b. quality of life needs and desires of both incorporated and unincorporated residents; and c. preventing blight conditions associated with underserved urban development. • v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to provide for existing service needs and support projected employment and population growth. • • CPA2008-00006 • 9 Attachment 3 City of Tigard 8/25/2008 • ATTACHMENT 2 CITY OF TIGARD 14041 PLANNING COMMISSION 44pr Meeting Minutes August 18, 2008 1. CALL TO ORDER Acting President Jeremy Vermilyea called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Acting President Vermilyea; Commissioners: Anderson, Caffall, Doherty, Fishel, Hasman, and Muldoon Commissioners Absent: President Inman, Commissioner Walsh Staff Present: Darren Wyss, Senior Planner; Marissa Daniels,Assistant Planner;Doreen Laughlin,Administrative Specialist II 3. COMMUNICATIONS It was noted there would be only one meeting in September due to the Labor Day holiday. That meeting would be September 15 and Councilor Buehner would attend and entertain any questions they might have of her as the liaison to the commission. 4. APPROVE MEETING MINUTES Minutes were not yet complete from the last meeting, so two sets of minutes were up for approval. There was a motion by Commissioner Muldoon, seconded by Commissioner Fishel, to approve the July 21, 2008 minutes. The motion carried as follows: AYES: Anderson, Fishel, Hasman,Muldoon, and Vermilyea NAYS: None ABSTENTIONS: Caffall,Doherty EXCUSED: Inman,Walsh There was a motion by Commissioner Caffall, seconded by Commissioner Doherty, to approve the August 4, 2008 minutes. The motion carried as follows: AYES: Commissioners Anderson, Caffall,Doherty, Fishel, Hasman, &Vermilyea. NAYS: None ABSTENTIONS: Muldoon EXCUSED: Inman,Walsh PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 1 of 8 I:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • S 5. PUBLIC HEARING—Goal 14 Urbanization—CPA2008-00006 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Senior Planner Darren Wyss explained that the Comp Plan Amendment before the Commission at this time would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. He noted that the purpose of Goal 14 is "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." By adopting this amendment, the City will ensure continued compliance with state and regional requirements and programs, and also ensure future growth management decisions are made in the best interest of Tigard's citizens. The amendment will also replace outdated language that was adopted in 1983 and allow the City to be flexible and responsive to current conditions. The proposed amendment went thru a review process that included two Policy Interest Team (PIT) meetings hosted by the Planning Commission (PC). Wyss reminded the Commissioners that staff used the Planning Commission as host to Policy Interest Team meetings because of the important role the Commission has in helping to develop and implement the land use/growth management programs in the City. He said that staff felt that by being involved from the beginning, the Commission had a better opportunity to fully understand the concepts and information that they were being asked to make decisions upon. The PC and PIT members used the preliminary language formulated by staff and its - associated commentary that explained the intention, to review and edit into the draft language found in Exhibit A. The language developed by the PC/PIT was also reviewed by City departments, local jurisdictions, state/regional agencies, and special service districts. He noted that comments are found under Sections VI and VII of the Staff Report. No changes were made based on their review. Additionally, the city attorney reviewed the language and staff report findings PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 2 of 8 1:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • and, based on this review, staff has made one minor change. The change is to Policy 3, under Goal 14.2 and was summarized in a July 28th memo to the PC. The suggested change follows: The City shall approve proposed annexations based on findings that the request ean-be accommodated by the City's public facilities and services and: A. Eliminates an island of unincorporated territory within the City; or can be accommodated by the City's public facilities and services; and•B. : - - :-.: . : .• - - -. •,--. - : ' : . : .. . .. - . : Services Area. is consistent with applicable state statute. He said staff recommends adopting the language included in the amendment because it complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. Vermilyea asked if the Commissioners had any questions of staff. There were some comments about the word "Citizen." Two of the commissioners asked staff to address the definition of"Citizen" in the "Definitions" section. PUBLIC HEARING OPENED Vermilyea opened up the meeting to public testimony. According to the signup sheet, there were no citizens present to testify either in favor or in opposition. He asked if there was anyone in the audience who would like to speak. No one asked to speak. PUBLIC HEARING CLOSED Vermilyea closed the public hearing and moved on to discussion. There was no discussion and Vermilyea said he would entertain a motion. Commissioner Caffall made a motion 'We accept the Comprehensive Plan Amendment CPA2008-00006,including the recommendation by the City Attorney for a change in verbiage." Commissioner Hasman seconded the motion. The motion carried as follows: AYES: Anderson, Caffall,Doherty, Fishel, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Inman,Walsh 6. WORKSHOP—Introductions/Definitions Vermilyea opened up the workshop portion of the meeting. He noted the introduction section had not been revised—just the glossary section. He asked Wyss for an overview as follows: PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 3 of 8 I:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • Wyss noted the introduction (Attachment 1) would try to accomplish a number of things in the language. • A brief overview of the planning process and its importance to the community. • Outlines the intended purpose of the Comprehensive Plan and how it gets implemented. For example,it explicitly state the policies are not intended to be used as decision making criteria in most land use cases,but must be translated into codes and standards. • Defines goals, policies, and recommended action measures. • Purposely written to be straightforward, to the point, and not lengthy. • Staff feels all important information is included within the introduction itself and is looking for feedback from the perspective of the Planning Commission who will be charged with using this updated Comprehensive Plan when any kind of Comp Plan or Zoning Map Amendment comes before them. Definitions— • Definitions have been accumulating since the first amendment came before the Commission back in August of 2007. It's been over a year ago since the PC heard their first Comp Plan Amendment. • As each chapter met with the Policy Interest Teams, key terms were identified to be defined and then a definition was brought forward. • The definitions are based on accepted, federal, state, or regional definitions when available. Otherwise, staff or a PIT member presented a widely accepted definition and a consensus would be reached as to which definition best fits Tigard. • Planning Commission has reviewed these definitions throughout the process and at some point has asked for more detail,more terms to be defined,and suggested some changes. • City Council has reviewed these definitions. They've asked for more definitions and made some suggestions for improvement. Vermilyea, at this point,took the commissioners through the Introduction, Plan Background, Purpose of the Plan, and its Implementation, Format of the Plan, and Definitions of Obligations of Goals,Policies, and Recommended Action Measures. One commissioner wanted clarification as to whether this "Introduction" is for the entire Comprehensive Plan. Wyss answered that,yes,it is for the entire Plan. There were no other significant questions or comments other than it was well written. When Vermilyea asked if anyone had anything else to add or comment on he said that by their silence we could assume the commissioners are all fine with the way it is written—no changes necessary. Everyone agreed. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 4 of 8 I:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • • GLOSSARY Wyss informed the commissioners that a new glossary had been distributed (Attachment 2) and he flagged the ones that had either been changed or were added. At this point in the meeting Vermilyea suggested that if any of the definitions were taken from a 3rd parry source (such as FEMA,Metro, etc) they would skip those and focus on those that were staff produced — as well as the ones flagged for additional attention.There was no objection to that approach. Vermilyea went over the definitions (as described above) and the ones that were commented on are listed below (Staff response is in italics): Citizen: A commissioner wanted to know...What is the impact of changing the term Citizen - to what extent would the document have to change if they were to change the term citizen. I'll look through document and see how it impacts. Staff will do some homework on this. Community Recreation Facilities: re: "owned and operated to promote the health etc." Does that mean the City has ownership? No. Should we strike the words "owned and"—Staff will do homework on this as well Community Parks: Why does it state "greater than 15 acres"? ... It's a consistent standard and is in our Parks Master Plan. Downtown Tigard: What are the boundaries? Fanno Creek up Main St includes some commercial areas on the other side of 99W=- down Hall Blvd, includes 5 properties on the east side of Hall Blvd. City Hall is included. SW of Fanno Creek as well. Encourage: Where did we get the definition? Numerous sources— we settled on one that was common to all of them. `Support" is not defined. Could we get a good definition of support? Yes, we can. Environmental Performance Standards: This seems to be an explanation rather than a definition. It was suggested that instead of defining this, simply cross reference it to "See TCDC Chapter 18.725." Okay—that works. Family Wage: I don't know what"average covered pay" means... could you check that out? Yes, will do. Full Service Recreation Facilities: I'm confused about the word "together." Should we change it to "these facilities provide?" Staff will do some further checking on that with Duane Roberts (Associate Planner). Functions & Services: At this point, audience member, Sue Beilke, spoke (her remarks were typed out and are Attachment 3). Vermilyea suggested the definition of parks be looked at PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 5 of 8 1:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • • more closely when the park plan is revised and Ms. Beilke's issues addressed in the context of that update. Green Concepts and Practices: It was suggested that in the second sentence... strike the word "new" and change to "proven"... Commissioner Muldoon suggested adding "demand response." It was decided Muldoon and Wyss would get together and wordsmith this and come back to the next meeting with it. Greenspace/Greenway (Size should be adequate to protect the resource): Vermilyea questioned a parenthetical being in there and suggested it be stricken and put into the definition itself if necessary. Wyss agreed with Vermilyea. Hazardous Tree:Will be ISA standard. "A tree or tree part that is likely to fail and cause damage or injury and in all likelihood exceeds an acceptable level of risk." Beilke questioned the broadness of the definition. It's general in order to get us to the Development Code (Tree Code)writing stage—and that's the point when it will be fully defined. Historic & Cultural Resources: Strike the word "the" and substitute "a" nation. Strike "and!" to make it just"or Tigard." So the sentence would read Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of a Nation, Oregon, or Tigard. Invasive Species:Add the words "invasive species" after "many"in the last line so it would read "Left unchecked, many invasive species have the potential, etc." Landslides: Take out"recognized as" and simply state "that is a natural hazard" Linear Parks (Of adequate size to protect natural resources and accommodate intended uses): Where did this definition come from? Wyss assumes it came from the Parks Master Plan but will get back with the answer. Open Space: Add to the end of the last sentence (after trail-oriented recreation), "and areas set aside solely for protection and conservation of fish and wildlife habitat species." Peak Oil: There is no policy language that refers to it... Strike definition. Promote: Define support. Proven Community Need: Doesn't seem clear. How is it "proven"? It was suggested to change it to read "A need supported by evidence that is necessary to amend land use maps, and ensures that the new land use being proposed is needed in the community in that particular location,versus other appropriately designated and developable sites.After much discussion it was suggested they flag this one for the City Attorney to look at. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 6 of 8 I:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • • Rare: See Beilke's remarks (Attachment 3), she would like this definition added—Wyss will look up the state of Oregon definition for"rare species" "threatened species" and "endangered species." It should be included. Wyss will bring back the definitions. Regionally Significant Habitat Significant can mean "important" or in reference to "numbers." Wyss will define significant habitat and also regionally significant habitat. Renewable Energy—Try to find a good external source for this definition. It was suggested Public Utilities Commission would be a good source. Rent: Delete "over time". Special Use Area: A park?Wyss will find origin of definition. Upland Habitat: Beilke suggested an example (Attachment 3) — Commissioners said to leave out parenthetical (locations). Urban Forest: Take out verbiage "collectively" and "broadly defined." Change to simply read "All the trees within the City." Urban Forest, Diverse: Combine Urban Forest into one definition. We will flag this one for cleanup. Wildfire: Not just limited to "on forestland" - Ste take a look at how BLM or the State Dept of Forestry defines wildfire. Vermilyea closed the glossary portion of the meeting and went on to: Comprehensive Plan Map Legend (Color coded designations) There were no comments on this. The next meeting is a Public Hearing—Darren will give definitions to Commissioners and invited them to send comments. Sept 15 7. OTHER BUSINESS —Vermilyea gave date of upcoming public hearing - (September 15 —Planning Commission — "Introduction and Definitions"). Marissa Daniels (Assistant Planner) reminded the Commissioners of the High Capacity Transit Open House Metro would be holding, and the City of Tigard would be hosting, on Wednesday, August 20th at the library in the Community Room. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 7 of 8 I:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • • 8. ADJOURNMENT Acting President Vermilyea adjourned the meeting at 9:39 p.m. Doreen Laughlin,Administrative Specialist II ATTEST: Acting President Jeremy Vermilyea • • PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 8 of 8 I:\LRPLN\Council Materials\2008\9-09-08 Attachment 2-CC Workshop CPA2008-00006.doc • • Policy Interest Team Meeting #3 Urbanization— Draft Goals, Policies, and Recommended Action Measures • Goal: 14.1. Provide and/or coordinate the full range of urban level services to lands and the residents citizens within the Tigard City limits. Goal 14.2 Commentary: The City has an obligation to its citizens to ensure the provision of the best facilities and services the community can fund. Providing services outside of the city limits hinders the City's ability to meet its obligation to its citizens. Policies: 1. The City shall fief only approve the extension of City services except: A. where applications for annexation for those properties have been approved; Or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). Note: This policy was adopted by Cite Council in November 2007 Policy 1 Commentary: The City of Tigard's position is to not supply urban services outside of its city limits. The simple application for subdivision and/or annexation should not be enough to approve the extension of services,but the approval of the applications must happen first. An exception to the policy is that when it can be proven that a health hazard exists that will be eliminated by the extension of the service. Criteria for identifying a health hazard are located in the Oregon Revised Statutes. However,providing services in the case of a Health Hazard annexation also means that the affected properties must annex to the jurisdiction/agency providing such services. 2. The City shall maintain,and amend when necessary,agreements an Urban Service with Washington County that recognize the City as the ultimate provider of governance and identified services within the Tigard Urban Services Area. Policy 2 Commentary: The City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA).The current UPA contains the city limits as well as unincorporated areas of Bull Mountain and Metzger.The City also has entered into the Tigard Urban Service CPA2008-00006 1 Attachment 3 City of Tigard 8/25/2008 • • Agreement with Washington County. The agreement outlines the role, provision,area,and planning/coordination responsibilities for service providers operating with the Tigard Urban Service Area (TUSA). The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA,which coincides with the UPA. These agreements have been put into place because of the recognition that cities are better suited to provide urban level services than county government (Oregon Administrative Rules). Maintaining the City's agreements provides the possibility that Tigard may eventually govern new UGB expansions. 3. The City shall, as needed,coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. Policy 3 Commentary: The City needs to be involved in decisions related to growth planning or development applications within the TUSA. This will help to ensure that if the unincorporated lands within the TUSA are annexed, the public facilities and services will be available to serve the planned growth or existing development. Conformance with adopted plans and agreements will also be checked during this process. 4. The City shall oppose formation of any new service district,or expansion of existing districts,within the Tigard Urban Services Area that could conflict with the existing and future delivery of City services. Potential Alternatives The City shall protect the existing and future delivery of City services and oppose the formation of any new service district,or expansion of existing districts, that could create a conflict within the Tigard Urban Services Area. Policy 4 Commentary: The City has a need to protect its rights as an identified urban services provider within the TUSA.The City commits significant staff resources to plan for capital improvement needs and then finances these improvements to better serve its residents. If the plans and facilities are weakened by new or expanded districts,the City and its residents bear any associated financial burdens. Cities already bear inequitable/non-assignable costs imposed by underserved unincorporated urban areas when their residents use city services such as parks, libraries, transportation facilities,public safety,etc. Expanding/creating districts to promote additional unincorporated urban development damages the integrity of intergovernmental service provision and planning agreements and interferes with the City's ability to be efficient and effective in its own services. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. Define short and long term service provision roles; CPA2008-00006 2 Attachment 3 City of Tigard 8/25/2008 • A • • B. Specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. Provide for coordination of plans and programs; and D. Require services are provided consistent with the City's adopted Public Facility Plan. Policy 5 Commentary: It is in the interest of the City to enter into agreements with any service provider operating within the TUSA to ensure everyone is receiving adequate, efficient, and effective services. This includes the planning of services, the need to eliminate duplicity of services thru coordination, and defining the role of the providers. As importantly, the long term service role must also be well defined. This includes the transition of facility ownership and management,when these transfers should take place, and coordination to require service provision is consistent with adopted plans. Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and require annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary and in Metro decisions to expand the urban growth boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. v. Encourage the City,County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County,service districts and other service providers within the Tigard Urban Services Area. CPA2008-00006 3 Attachment 3 City of Tigard 8/25/2008 • • Goal: • 14.2. Annex unincorporated properties as opportunities arise in order to implement the Tigard Urban Services Agreement. Potential Alternatives Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. Take all reasonable and necessary steps to implement the Tigard Urban Services Agreement, including annexation of unincorporated properties as opportunities arise. Goal 14.2 Commentary: Tigard has been identified as the ultimate provider of certain urban services with the TUSA. Tigard's position is that cities are better suited to provide urban level services and will welcome voluntary annexations as property owners inquire about the process and services that will be received. Policies: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely-conforms to the existing Washington County zoning designation on that property. Policy 1 Commentary: Metro and its regional partners have invested greatly in the planning of the region. This ranges from solid waste removal to transportation planning. In order for these planning efforts to realize their intended outcomes, jurisdictions must cooperate in implementing the assumptions of the efforts. Washington County has adopted a comprehensive plan for its unincorporated areas that assumes a certain level of development in the future. This includes housing and employment allocations that they are obligated to fulfill. When a property annexes to a city,it is important for the planning assumptions to remain intact for the region to function as intended. This is especially true to reduce negative impacts upon the transportation system from higher than planned densities/uses. 2. The City shall ensure the capacity exists, or can be developed, to provide needed urban level services to the area when approving an annexation. Policy 2 Commentary: The City is responsible for the provision of urban services to its residents. An important part of this responsibility is adopting plans and programs to act as a guide. When a property is proposed to be annexed, the City is obligated to analyze current conditions and future plans for services to ensure the capacity exists, or will in the future, to effectively serve the CPA2008-00006 4 Attachment 3 City of Tigard 8/25/2008 • • annexed property without diminishing service provision to current residents and their properties. 3. The City shall approve proposed annexations based on findings that the request: A. Eliminates an island of unincorporated territory within the City;or B. Is contiguous to current City limits and is located within the Tigard Urban Services Area;and C. Can be accommodated by City's public facilities and services. Policy 3 Commentary: State law governs the annexation of property in Oregon. Municipalities are allowed to annex islands, based on a number of requirements,without consent of the property owners. This eliminates inefficient provision of services based on fragmented patches of governance. If outside of an island, state law mandates a property be contiguous to the city limits to be eligible for annexation. This again helps to eliminate fragmented governance. In both cases, the annexed properties will now be paying taxes for facilities and services they either already access or would in the future. In addition to following state law, the City must still ensure the capacity exists to accommodate the services and facilities needed for the property. 4. The City shall evaluate and require,when appropriate,parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Policy 4 Commentary: It is in the City's interest to avoid creating unincorporated islands within the City because of the consequences of fragmented governance and inefficient delivery of services that is associated with islands. When application for annexation is made with the City,requiring properties to join the annexation to eliminate the creation of an island is preferable. Additionally,ensuring public services are being extended efficiently is in the best interest of • the City and its residents. Requiring a property to join an annexation to ensure efficient extension of service, or to implement an adopted land use plan for the area is also preferable. 5. The City shall : - • :: -:: :. - . -, : - . -- - - -- - - . - .::: : periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the City Limits. Policy 5 Commentary: State law requires the adoption of a Public Facility Plan for the City of Tigard. Included in the plan are an inventory and assessment of existing systems and an identification of projects needed to support land uses designated in the Comprehensive Plan. The purpose is to ensure a timely, efficient, and orderly arrangement of facilities and services. CPA2008-00006 5 Attachment 3 City of Tigard 8/25/2008 • • Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unincorporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage, and when possible,require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. Goal: 14.3. Promote Ensure Tigard residents'interests are represented and promoted in urban growth boundary expansion and other regional and state growth management decisions. Goal 14.3 Commentary: The City wants access and representation in decisions regarding expansion and growth in the region;essentially our due process rights as a member community must be preserved and used. In addition,Washington County and the state are involved as it pertains to the Urban Reserve and Rural Reserve issues. "They must work in tandem with the City to make decisions that affect Tigard residents. The City must have a seat at the table during the decision-making process. For example,urbanization decisions on new UGB lands can have profound impacts on Tigard's Transportation System; negatively affect the City's ability to redevelop its Downtown and Highway 99W Corridor; and further burden City services through unincorporated urban development. Policies: 1. The City shall support lire regional and state growth management decisions, while promoting policy that to the cxtcnt they supports cities as the best building blocks of an efficient, stable, and compact urban region. Policy 1 Commentary: Over the years,in addition to the management of the Urban Growth Boundary (UGB), Metro has become much more involved in other growth management decisions. These are related to the development of a compact urban form,efficient/effective use of CPA2008-00006 6 Attachment 3 City of Tigard 8/25/2008 • • infrastructure,natural resource protections, transportation planning, focusing development in centers, corridors, employment lands, etc. The City has agreed with and been involved in the implementation of these principles and needs to continue to be engaged in the regional and state political/growth management discussions. One issue the City has a pressing interest in is the urban level unincorporated development that has taken place in the region, some of which abuts the City's boundaries.The City's position is that cities are better suited to provide urban services. The taxing structures of counties and cities are set up to make cities better suited to provide urban services and implement regional growth management principles. However, this has not stemmed continued unincorporated urban growth. Addressing this issue is important to not only the City of Tigard,but to the region as a whole. 2. The City's support of regional Urban Growth Boundary management decisions shall consider if these actions prevent future unincorporated urban development,prevents urban sprawl, and promotes the development of an efficient and compact urban form. Policy 2 Commentary: One of the primary tools used in Oregon to control sprawl,preserve valuable resource lands, •and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB),where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Existing unincorporated urban development presents a problem when UGB expansion is proposed as it may block a city's ability to expand and provide services to new UGB areas.This undermines the position of the region's cities as the best building blocks of an efficient, stable, and compact urban region. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. Policy 3 Commentary: The City and its residents would like to protect existing single-family neighborhoods to retain the low density residential character of much of the community. Seventy percent of Tigard is zoned residential,with low density zoning (7500 square foot minimum lot size or greater) occupying 41.5% of City land. In order for the community to retain this character,a need exists to accommodate more intense urban land uses within its town and regional centers and major transportation corridors. Metro has designated Washington Square as one of nine Regional Centers; all having connections via high-capacity transit and highways.Town Centers (Tigard Downtown) are intended to be a principal center of urban life,while corridors (99W and Hall Blvd) are • CPA2008-00006 7 Attachment 3 City of Tigard 8/25/2008 1 • S intended to feature a high-quality pedestrian environment, convenient access to transit, and somewhat higher than current densities. 4. The City shall not provide municipal services outside its city limits. Policy 4 Commentary: City residents pay City taxes,while residents living in unincorporated urban development do not pay City taxes. Based on the principle of equity,Tigard residents should not subsidize services provided outside of the municipal boundary. This includes the maintenance of infrastructure,the provision of staff services, and infrastructure capital improvements. 5. The City shall not support the formation or expansion of service districts or special county funding levies if these actions result in the expansion/or intensification of unincorporated urban areas. Policy 5 Commentary: Expansion and formation of service districts and special levies support unincorporated urbanization, adding to the problems associated with this type of development. The uncontrolled expansion of service districts exacerbates some negative growth management consequences. A significant part of the City's currently identified Urban Planning Area (this includes Metzger and Bull Mt.) has been urbanized in unincorporated Washington County. Key services,mainly sewer services, have been provided by County Service Districts. Public safety has been accommodated to a degree by enhanced Washington County Sheriff's services. The consequence is that residents of these areas use services provided Tigard and other cities that are not provided by the County (parks for example).This situation negates incentives for property owners to annex to the City. The provision urban services by service districts to unincorporated urban lands have negative growth management consequences as stated above. In Tigard's situation, unincorporated development in the Bull Mountain area now separates urban growth areas 63 and 64 from Tigard. Because these areas are not contiguous, they cannot be annexed to the city. Therefore,absent a change in Washington County's policy and state annexation law, the City should not continue to plan to provide services for these areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state,Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of lands that are within the urban growth boundary. CPA2008-00006 8 Attachment 3 City of Tigard 8/25/2008 • • iii. If there are to be new cities in the Portland Metropolitan region, encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County,its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban development; b. quality of life needs and desires of both incorporated and unincorporated residents; and c. preventing blight conditions associated with underserved urban development. v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to provide for existing service needs and support projected employment and population growth. • • CPA2008-00006 9 Attachment 3 City of Tigard 8/25/2008 II) • PRE-APP.HELD BY CITY OF TIGARD PLANNING DIVISION,- • • ,11 „.. LAND USE PERMIT APPLICATION ,• m,- / • - City j Tigard Pearit Center 13125 SWHaIIBIuL, Tiara OR 97223 ' Phone. 503.639.4171 Fax 503.598.1960 ct; • , File# &pit-0-ingC-0-0 CV co Other Case# . . Date Afl a-Si(4 By 5.11104-r Receipt# Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Adjustment/Variance(I or II) 0 Minor Land Partition(II) 0 Zone Change(III) 3 Comprehensive Plan Amendment(IV) [] Planned Development(III) 0 Zone Change Annexation(IV) 0 Conditional Use (III) Sensitive Lands Review(I,II or III) 0 Zone Ordinance Amendment(IV) El Historic Overlay(II or III) 0 Site Development Review(II) El Home Occupation(II) 0 Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) Tj ax6 its TA MAPS&TAX LOT NOS. TOTAL SITE SIZE - ZONING CLASSIFICATION ‘‘ s cb tvl Lts #1 -z..6\411".el cl.k.sicrnarl'uvts wit- APPLICANT bin') OF 1ct-r MAILIgG ADDRESS/CITY/STATE/ZIP kt25 A)3 tk ULU. (61v , Ti5cur d, 0 V- -12-1-3 PHONE NO. FAX NO. e■AZY — 11T - 505 - 11) - 411.I PRIMARY CONTACT PERSON PHONE NO. DoimeAl kAh6s boa - -71g'- 241-7-- PROPERTY OWNER/DEED HOLDER(Attach list if more than one) •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) tAktil d co,(Nr.e.Ant CbM py ,vj vt. Picun -r6p cc. U tocuni-Lculynn 1i u ocu2s, pø-ei ctes, v c.,t-WY) vviR cU(ZS-_S t eRLCk CAI reiti- C6 trn nel VIA v e co tvu2A,N c_ovict I-6cAns oA-%a Ni cULu-eS APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. i:\curpin\masters\land use applications\land use permit app.doc • • r 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 MO �i�' r I� 4161(» Applicari'_ent/Representative's Signature Date Applicant/Agent/Representative's Signature Date 1 • • CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic submittal requirements for a land use application. BASIC INFORMATION: ❑ Completed Master"Land Use Permit" Application with property owner's signature or name of agent and letter of authorization ❑ Title transfer instrument or grant deed ❑ Written summary of proposal ❑ Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre- Application Conference notes) ❑ Two (2) sets of stamped,addressed# 10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (# 10),addressed with 1" X 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500'property,owner mailing list form). ❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review,Subdivision, Conditional Use,Sensitive Lands Review, Zone Change, Comprehensive Plan Amendments ❑ Neighborhood Meeting Affidavits of Posting&Mailing Notice,Minutes,Sign-in Sheets ❑ Service Provider Letter • ❑ ImpactStudy per Section 18.390.040.B.2(e) ❑ Copy of the Pre-Application Conference notes ❑ Filing Fee (see fee schedule) PLANS REQUIRED: In addition to the above basic information,each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION(See separate attachment for details on what information to include on each plan): APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMI 1-1ED AT ONE TIME. EACH PACKET MUST BE COLLATED. ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings (elevations &floor ❑ Landscape Plan plans) ❑ Public Improvements/Streets Plan ❑ Sign Drawings NUMBER OF COPIES REQUIRED: The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS,ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU,ONCE DEEMED COMPLETE,TO MAKE YOUR APPLICATION SUBMITTAL.COMPLETE. PLEASE NOTE: ROLLED PLANS WILL NOT BE ACCEPTED, FOLDED PLANS ONLY I:\CURPLN\Shirley\SubmittalRequirements.doc • • z CITY OF TIGARD LAND USE APPLICATIONS 07/08 FEE SCHEDULE PROCEDURE FEE + SURCHARGE ACCESSORY RESIDENTIAL UNITS $115 + $18 = $133 ANNEXATION Moratorium on Annexation fees in effect from 7/1/06(Res.06-36)through 7/1/08(Res.07-13)" $2,177 +$321 = $2,498" APPEAL Director's Decision (Type II) to Hearings Officer $250 Expedited Review(Deposit) * $300 Hearings Referee $500 Planning Commission/Hearings Officer To City Council $2,189 +$324 =$2,513 APPROVAL EXTENSION $230 +$34 = $264 BLASTING PERMIT $269 CONDITIONAL USE PERMIT Initial $4,529 +$669 =$5,198 Major Modification $4,529 +$669 =$5,198 Minor Modification $500 +$74 = $574 DESIGN EVALUATION TEAM(DET) RECOMMENDATION(DEPOSIT) $1,121 + $165 =$1,286 DEVELOPMENT CODE PROVISION REVIEW Single-Family Building Plan $46 +$6 =$52 Commercial/Industrial/Institution $287 +$42 =$329 HEARING POSTPONEMENT $259 HISTORIC OVERLAY/REVIEW DISTRICT Historic Overlay Designation $3,499 +$517 =$4,016 Removal of Historic Overlay Designation $3,499 +$517 =$4,016 Exterior Alteration in Historic Overlay District $536 +$79 =$615 New Construction in Historic Overlay District $536 +$79 = $615 Demolition in Historic Overlay District $536 +$79 = $615 HOME OCCUPATION PERMIT (ORIGINAL PERMIT) Type I Home Occupation Permit $35 +$5 =$40 Type II Home Occupation Permit $246 +$36 =$282 INTERPRETATION OF THE COMMUNITY DEVELOPMENT CODE $571 +$36 = $607 LAND PARTITION Residential and Non-Residential (3 Lots) $3,247 +$480 =$3,727 Residential and Non-Residential (2 Lots) _ $2,672 +$394 =$3,066 Expedited $3,819 + $564 =$4,383 Final Plat $777 +$114 = $891 LOT LINE ADJUSTMENT $416 +$62 =$478 MINOR MODIFICATION TO AN APPROVED PLAN $500 +$74 = $574 NON-CONFORMING USE CONFIRMATION $236 +$35 = $271 PLANNED DEVELOPMENT Conceptual Plan Review $6,496 +$916 =$7,412 Detailed Plan Review Applicable SDR Fee PRE-APPLICATION CONFERENCE $323 +$47 = $370 SENSITIVE LANDS REVIEW With Excessive Slopes/Within Drainage Ways/Within Wetlands (Type II) $2,097 + $309 = $2,406 With Excessive Slopes/Within Drainage Ways/W ithin Wetlands (Type III) $2,256 + $334 =$2,590 Within The 100-Year Floodplain (Type III) $2,256 +$334 = $2,590 SIGN PERMIT Existing and Modification to an Existing Sign (No Size Differential) $35 +$5 =$40 Temporary Sign (Per Sign) $17 +$2 =$19 SITE DEVELOPMENT REVIEW AND MAJOR MODIFICATION Under$1,000,000 $3,838 +$567 =$4,405 $1 Million/Over $5,038 +$743 =$5,781 + $6/Each$10,000 Over$1 Million MINOR MODIFICATION $500 + $74 = $574 1 • • SUBDIVISION Preliminary Plat Without Planned Development $4,458 +$637 = $5,095 +$90/Lot Preliminary Plat With Planned Development Add$6,211 +$916 = $7,127 Expedited Preliminary Plat Without Planned Development $5,136 +$637 = $5,773 +$90/Lot Expedited Preliminary Plat With Planned Development Add$6,211 +$916 = $7,127 Final Plat $1,428 + $210 = $1,638 Plat Name Change $272 TEMPORARY USE PERMIT Director's Decision $262 + $39 = $301 Special Exemption/Non-Profit Organization -0- TREE REMOVAL $161 +$25 = $186 VACATION(STREETS AND PUBLIC ACCESS) $1,915 +$274 = $2,189 Deposit +Actual Costs VARIANCE/ADJUSTMENT Administrative Variance $536 +$79 = $615 Development Adjustment $236 + $35 = $271 Special Adjustments - Adjustment to a Subdivision .$236 + $35 = $271_ - Reduction of Minimum Residential Density $236 +$35 = $271 - Access/Egress Standards Adjustment $536 +$79 = $615 - Landscaping Adjustment (Existing/New Street Trees) $269 + $40 = $309 Parking Adjustments - Reduction in Minimum or Increase in Maximum Parking Ratio $536 + $79 = $615 - Reduction in New or Existing Development/Transit Improvement $536 +$79 = $615 - Reduction in Bicycle Parking $536 +$79 = $615 - Alternative Parking Garage Layout $236 +$35 = $271 - Reduction in Stacking Lane Length $536 +$79 = $615 Sign Code Adjustment $536 +$79 = $615 Street Improvement Adjustment $536 +$79 = $615 Tree Removal Adjustment $236 + $35 = $271 Wireless Communication Facility Adjustments - Setback From Nearby Residence $536 + $79 = $615 . - Distance From Another Tower $236 +$35 = $271 ZONING MAP/TEXT AMENDMENT Legislative— Comprehensive Plan (CPA) $7,742 +$1,144 = $8,886 Legislative— Community Development Code (DCA) $3,044 + $449 = $3,493 Quasi-Judicial(ZON) $2,789 +$411 = $3,200 ZONING ANALYSIS (DETAILED) $500 +$74 = $574 ZONING INQUIRY LE'FIER(SIMPLE) $58 +$8 = $66 JOINT APPLICATION PLANNING FEE 100% of Highest Planning Fee +50% of All Additional Fees Related to the Proposal EFFECTIVE DATE: OCTOBER 29,2003(Updated annually according to Resolution No.03-59) (Resolution No.03-59, Repealing Resolution No.02-38,Repealing Resolution No.98-58,Repealing Resolution No.96-30,Repealing Resolution No.91-01) * -Established by state statute NOTE 1: WITHDRAWN APPLICATIONS: In cases of withdraw of an application;refund of fees may be applicable,less costs incurred, as determined by the Director. Generally, refunds of 80 percent will be made for applications received and withdrawn prior to sending out request for comments to agencies and notice of public hearing being sent. Fifty-percent refunds will be made where notice of public hearing has been sent but no staff report has begun. NO REFUNDS WILL BE PROVIDED FOR APPLICATIONS FOR WHICH A STAFF REPORT HAS BEGUN. . NOTE 2: PROPERTY OWNER NOTICE REQUIREMENTS: For all Type II,III and IV applications,applicants must submit two (2) sets of pre-stamped, pre-addressed envelopes for all property owners of record within 500 feet of the subject properties. The very most current records of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. Contact the City of Tigard to request 500-foot property owner mailing labels. NOTE 3: LONG RANGE PLANNING SURCHARGE: A Long Range Planning surcharge of .1476 x the application fee has been added by the City Council Resolution No.04-99,passed and effective on 12/28/04. H:\patty\masters\Tigard Fee Schedule 07-08.doc(update effective:7/1/07) • • Air eil LAND USE APPLICATION PROCESSING TIMELINES City of Tigard ADMINISTRATIVE STAFF:REVIEW Same Day HOP I(Home Occupation Permit) N/A 5-6 Weeks HOP II(Home Occupation Permit) 500 feet notification 5-6 Weeks SDR(Site Development Review) 500 feet notification 10 Days MIS(Lot Line Adjustment) Abutting properties 5-6 Weeks MLP(Minor Land Partition) 500 feet notification 10 Days VAR(Variance)(Flexible Setback) Abutting properties 2-5 Days SGN(Sign Permit) N/A 6-8 Weeks SUB(Subdivision&Sub.With Variance) 500 feet notification 2-5 Days TUP(Temporary Use Permit) Abutting properties • 2-5 Days TUC(Temporary Use Certificate) N/A • 2-5 Days TRY',(Tree Removal Permit) N/A HEARINGS OFFICER - ,• 6-8 Weeks SLR(Sensitive Lands Review) 500 feet notification 6-8 Weeks CUP(Conditional Use Permit) 500 feet notification 6-8 Weeks SCE(Sign Code Exception) 500 feet notification LANNIlV.G COMMISSION . 6-8 Week's CPA(Comprehensive Plan Amendment) 500 feet notification 6-8 Weeks PDR(Planned Development Review) 500 feet notification 6-8 Weeks ZON(Zone Change) 500 feet notification 6-8 Weeks ZOA(Zone Ordinance Amendment) N/A • . •.CITY COUNCIL • 6-8 Weeks CPA(Comprehensive Plan Amendment) 500 feet notification • 6-8 Weeks ZCA(Zone Change Annexation) 500 feet notification 6-8 Weeks ZOA(Zone Ordinance Amendment 500 feet notification • NOTE: The time clock begins when the application is ACCEPTED, rather than at submittal. These timelines are an approximation. Revised 3/9/04 1 C:\My Documents\PT-FORMS,ECT\LAND USE TIMELINES.doc CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES (Pre-Application Meeting Notes are Valid for Six (6) Months) REAP NIG DICE NON-RESIDENTIAL APPLICANT: C.,i•h6 of 1\T rd AGENT: Phone: (SO Lg 301 -4-t—1 Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 1 i3curd G' �,1Y111 1-S TAX MAP(S)/LOT#(S): NECESSARY APPLICATIONS: PROPOSAL DESCRIPTION: COMPREHENSIVE PLAN MAP DESIGNATION: 11 W►c7,p &t i y @ncU'i vh S wf tv►;►n rv� C,±i� tom)ndiw� ZONING MAP DESIGNATION: Pct 2 v cj ok,2sigincthynS bounda)cl ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. ) 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: %. I I 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. ❑ 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. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON Residential Application/Planning Division Section cl IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050• As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system,the parks system,the water system,the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. (l ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas,except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING.OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. SPECIAL SETBACKS (Refer to Code Chapter 18.730) > STREETS: feet from the centerline of > LOWER INTENSITY ZONES: feet,along the site's boundary. > FLAG LOT: 10-FOOT SIDE YARD SETBACK. (� SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.B.) BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone maybe built to a height of 75 feet provided that: 0. A maximum building floor area to site area ratio(FAR) of 1.5 to 1 will exist; > All actual building setbacks will be at least half(1) of the building's height; and The structure not abut a residential zoned district. BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION,SIGHT OBSCURING SCREENING IS REQUIRED ALONG: QTY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section A/I (l LANDSCAPING (Refer tide Chapters 18.745, 18.765 and 18.705• 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 pnvate property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms,decorative walls,and raised planters. 1 RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT' FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at (503) 625-6177. ❑ PARKING (Refer to Code Section 18.765.040) REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: w Standard parking space dimensions: 8 feet, 6 inches x 18 feet,6 inches. a Compact parking space dimensions: 7 feet, 6 inches x 16 feet,6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: t. 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, is 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. 1. BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer.. ❑ 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. QTY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division Section I SENSITIVE LANDS (ReTt 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 DRAINAGE WAYS,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 18.775.080:C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standares of the Tigard Community Development Code Section 18.775.080.0 The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.0 ❑ CLEAN WATER SERVICES(CWS) BUFFER STANDARDS (Refer to CWS R&O 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: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDES ♦ Streams with intermittent flow draining: Q5% 0 10 to <50 acres 15 feet 0 >50 to <00 acres 25 feet • Existing or created wetlands m.5 acre 25 feet ♦ Existing or created wetlands 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% 0 10 to X50 acres 30 feet I >50 to 6100 acres 50 feet ♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure in 25- • Rivers,streams,and springs with year-round flow foot increments from the starting point to ♦ Streams with intermittent flow draining >100 acres the top of ravine(break in <25% slope), • Natural lakes and ponds add 35 feet past the top of ravine6 4Starting point for measurement =edge of the defined channel(bankful flow)for streams/rivers,delineated wetland boundary,delineated spring boundary,and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs,located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet maybe reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. • CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Application/Planning Division Section • Restrictions in the Vegetate don • 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 pmzided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership,such as a subdivision,the vegetated corridor shall.be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. (� SIGNS (Refer to Code Chapter 18.780) 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. n TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A TREE PLAN FOR THE PLANTING,REMOVAL AND PROTEC11ON OF TREES prepared bya 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 deevelopment review, planned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL.WHEREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). THE TREE PLAN SHALL INCLUDE the following: Identification of the location, size and species of all existing trees including trees designated as significant by the City, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: * Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D.of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; �1 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. • • CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Application/Planning Division Section 4 MITIGATION Refer to erode Section 18.790.060.E.) • ( REPLACEMENT OF A TREE shall take place according to the following guidelines: • A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. • 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. kb 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. I I CLEAR VISION AREA (Refer to Code Chapter 18.795) 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. n 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 times the minimum lot size of the applicable zoning district. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) _ 18.160(Nonconforming Situations) 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) 18.165 (Off-Street Parking/loading Requirements) - 18.350.(Planned Development) 18.640(Durham Quarry Design Standards) - 18.115(Sensitive Lands Review) 1- 8.360(Site Development Review) 18.105(Access/Egress/Circulation) - 18.180(Signs) - 1 8.310(Variances/Adjustments) 18.110(Accessory Residential Units) - 18.185(Temporary Use Permits) • X18.380(Zoning Map/Text Amendments) . 18.115(Density Computations) - 18.190(Tree Removal) 1- 8.385(Miscellaneous Permits) 18.720(Design Compatibility Standards) - 18.195(Visual Clearance Areas) 04-'I8.390(Decision Making Procedures/Impact Study) 18.125(Environmental Performance Standards) - 18.798(Wireless Communication Facilities) 1- 8.410(Lot line Adjustments) 18.730(Exceptions To Development Standards) - 18.810(Street 8 Utility Improvement Standards) - 18.420(Land Partitions) 18.140(Historic Overlay) 18.430(Subdivisions) 18.142(Home Occupation Permits) 18.510(Residential Zoning Districts) 18.745(landscaping 8 Screening Standards) - 18.520(Commercial Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) _ 18.530(Industrial Zoning Districts) 18.155 (Mixed Solid Waste/Recycling Storage) • QTY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS COMMENTS: PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. X Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. 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 . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiting 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. QTY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section • •. • 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 appl those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: kcuriSUI, 'p;yNik l,S CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP.MEETING PHONE: 503-639-4171 FAX: 503-624-3681 DIRECT: 503-718- 242- EMAIL: I.AaAr 1&SR, @tigard-or.gov TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.tigard-or.gov H\patty\masters\Pre-App Notes Commercial.doc Updated: 27-Feb-08 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planning Division Section