Ordinance No. 07-19 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 07-
AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT CPA2007-
00003 --TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO
ENSURE: IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES; MORE
PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR
ANNEXATION PRIOR TO RECEIPT OF CITY SERVICES,AND CORRECTLY
REFERENCES THE STATE'S PROCESS OF DECLARATION OF HEALTH HAZARD.
WHEREAS, Comprehensive Plan Urbanization Policy 10.2.1 was adopted in 1983 and its update is
necessary to make it relevant to current conditions and circumstances and to provide a reliable guide
for decisions related to annexation of unincorporated lands and associated provision of city services;
and
WHEREAS,The Tigard Planning Commission held a public meeting on October 15, 2007, and
recommended approval of the proposed CPA 2007-00003 (with minor revisions) by motion and with
unanimous vote;and
WHEREAS, On November 27, 2007, the Tigard City Council held a public hearing to consider the
Commission's recommendation on CPA 2007-00003, hear public testimony, and apply applicable
decision-making criteria.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Comprehensive Plan is amended to change the text of the Policy as
shown in "EXHIBIT A."
SECTION 2: The findings and conclusions contained in the Staff Report dated
September 27, 2007, the Planning Commission meeting minutes for October 15,
2007, are adopted by reference ("EXHIBIT B", and"EXHIBIT C"
respectively).
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By urian )mous vote,f all Council members present after being read by
number and title only, thisa-7- day of No 1/C.rn bkz , 2007.
_L�L'1- ,,_1
Catherine Wheatley, City Recorder
ORDINANCE No. 07-/q 1
I:\LRPLN\Co==d Materials\2007\11-27-07 ATTACH 1-COUNCIL ORDINANCE CPA2007-00003.doc
fL
APPROVED: By Tigard City Council this , day of 62m a'— ,2007.
Craig D�ksen,Mayor
Approved as to form:
City Attorney
_/V0 V-,l)o b-er Lai,
Date
ORDINANCE No. 07- 2
I:\LRPLN\Comd Materials\2007\11-27-07 ATTACH 1-COUNCIL ORDINANCE CPA2007-00003.doc
Exhibit A
CPA 2007-00003
Exhibit A: Amendments to the Text of Comprehensive Plan Urbanization Policy
10.2.1
10.2.1 The City shall not approve the extension.of City
services except
a) Where applications for annexation for those properties have been subwiitted to
approved by the City;
b) In circumstances where applicable state--or and County health- geney agencies 13as
have declared a potential or eminent health hazard pursuant to ORS for 431.705
to 431.760 (health hazard annexation or district formation).
Key: Sol indicates language to be deleted from the original policy.
Bold indicates language to be added to the original policy.
I:\LRPLN\Council Materials\2007\11-27-07 Exhibit A CPA2007-00003 Amendments to Text of Policy 10.2.1.doc
Exhibit B
Agenda Item:
Hearing Date: November 27,2007 Time: 7:00 PM
STAFF REPORT TO THE
u
PLANNING COMMISSION
FOR THE CITY OF'TIGARD, OREGON . . ,
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE
ANNEXATION POLICIES
FILE NO.: Comprehensive Plan Amendment(CPA) CPA2007-00003
APPLICANT: City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
OWNER: N/A
PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 to: 1)
Be clear that for property to receive City Services, annexation applications must
be approved by the City;2) That non-remonstrance agreements are not viable
substitutes for annexation when City services are required; 3) Accurately reflect
that state and County health agencies have a role in declaring potential or
imminent health hazards; and 4) Ensure the City's Comprehensive Plan policies
are consistent with City and County Agreements.
LOCATION: Citywide (City of Tigard)
ZONING and
COMP PLAN
DESIGNATION: The proposal is a Comprehensive Plan Text Amendment. It is not applicable to
a specific property or group of properties. It is a statement of policy intended to
update the City's position that property within the unincorporated urban
services area is required to annex in order to receive City Services.
APPLICABLE
REVIEW
CRITERIA: Tigard Community Development Code Chapter 18.390,Type IV Procedure.
Tigard Comprehensive Plan Policies: General Policies 1.1.1;Citizen
Involvement 2.1.1; Public Facilities and Services 7.4.1.,Metro Functional Plan
Not Applicable., Statewide Planning Goals 1 (Citizen Involvement),2 (Land
Use Planning) and 11 (Public Facilities and Services).
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Tigard City Council amend the
Tigard Comprehensive Plan by adopting the proposed amendments to Policy 10.2.1 as determined
through the public hearing process.
STAFF REPORT TO THE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 1 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
SECTION III. BACKGROUND INFORMATION
Project History
During City Council's consideration of the City's annexation policies and practices in January, February
and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and the
provision of City services required amendment. This amendment is necessary to make the policy
consistent with current City-County Agreements and practices. Also, the current policy contained
language inconsistent with current circumstances such as referencing the Unified Sewerage Agency, non-
remonstrance agreements and outdated health hazard declaration processes.
Proposal Description
The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to
make explicit that annexation approval is required before property within Tigard's Urban Services Area
but outside the City limits can receive City Services.These changes also ensure that all policies in the
Comprehensive Plan are consistent with City and County Agreements. The proposed policy
amendments are as follows:
Proposed Policy 10.2.1 Bold indicates proposed new language and indicates language
proposed to be deleted.)
The City shall not approve the extension of City services except.
a) IVhere applications for annexation for those properties have been submitted-Ag approved by the
City;or
;
b) in circumstances where applicable state or and county health agency agencies has have declared a
potential or imminent health ha.Zard pursuant to ORS 431.705 to 431.760 akalth Ha acrd
Annexations or District Formation).
SECTION IV. SUMMARY OF REPORT
4. Applicable criteria findings and conclusions
a) Tigard Community Development Code
i) Chapter 18.390
b) Applicable Comprehensive Plan Policies
i) 1 General Policies
ii) 2 Citizen Involvement
iii) 7 Public Facilities and Services
c) Applicable Metro Standards
i) None Applicable
d) Statewide Planning Goals
i) 1 Citizen Involvement
ii) 2 Land Use Planning
iii) 11 Public Facilities and Services
5. City Department and outside agency comments
a) Clean Water Services comments
STAFF REPORT TO THE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 2 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
SECTION V. APPLICABLE CRITERIA AND FINDINGS
APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES.
Tigard Community Development Code Chapter 18.390.060,Type IV Procedure.
18.390.020.B.4 Types Defined. Type IV procedures apply to legislative matters. Legislative matters involve the
creation, revision, or large-scale implementation of publicpolig. Type IV matters are considered initially by the Planning
Commission with final decisions made by the City Council.
Findings: This chapter establishes standard decision-making procedures for reviewing applications.
Section 18.390.060.E states that the recommendation by the Commission, and the decision by the
Council, shall be based on consideration of the following factors including: 1) Statewide Planning
Goals, 2) applicable federal or state statues or regulations, 3) applicable Metro regulations,4) applicable
comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances.The
amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in
the chapter. Therefore, the relevant procedures are satisfied and this criterion is met.
Conclusion(s): Based on the analysis above, staff finds that the proposed amendment satisfies the
applicable review criteria within the Tigard Community Development Code.
APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES:
Comprehensive Plan Policy 1.1.1: General Policies
1.1.1 The City shall ensure that.-
A. This comprehensive plan and all future legislative changes are consistent with the statewide planninggoals adopted by the
Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District;
Findings: This policy states that all future legislative changes shall be consistent with the Statewide
Planning Goals and the Regional Plan adopted by Metro. The existing Comprehensive Plan has been
acknowledged by the Land Conservation and Development Commission. Furthermore the City has
adopted specific Community Development Code amendments to comply with the applicable land use
titles of the Metro Functional Plan, specifically: Title 1, Requirements for Housing and Employment and
Housing Accommodations;Title 2, Regional Parking Policy;Title 3 (Metro Code Sections 3.07.310 -
3.07.370) -Water Quality, Flood Management.and Fish and Wildlife Conservation;Title 4 (Metro Code
Sections 3.-07.410 - 3.07.440) - Industrial and Other Employment Areas.
The proposed amendment language does not alter the Comprehensive Plan in a manner that
compromises the Comprehensive Plan's compliance with the Statewide Planning Goals or the Metro
Functional Plan. The amendment does not compromise the City's current acknowledged status of the
City's Plan with the Statewide Planning goals. Neither does this amendment affect the City's compliance
with Metro Titles. It does not affect or have bearing on housing or employment capacity;parking
standards;water quality, flood management or wildlife conservation or industrial or employment areas.
Changes to the policy are essentially house-keeping items intended to accomplish the following:
1. Reflect the current condition that Tigard controls sewer collection lines and local storm water
management facilities instead of Clean Water Services (previously Unified Sewerage Agency).
Thus the proposed policy references services in general instead of just"Unified Sewerage Agency
STAFF REPORT TO THE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 3 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
lines";
2. Be clear that for property to receive City Services, annexation applications must be approved by
the City;
3. That non-remonstrance agreements are not viable substitutes for annexation when City services
are required,-
4.
equired;4. Accurately reflect that state and County health agencies have a role in declaring potential or
imminent health hazards, and
5. Ensure the City's Comprehensive Plan policies are consistent with current City and County
Agreements.
Conclusion(sl: Based upon the above findings it is concluded that the proposal is consistent with
Comprehensive Plan Policy 1.1.1 (A).
C. The Tigard Comprehensive Plan and Community Development Code are kept current with the needs of the community.
Findings: This policy section requires the Comprehensive Plan and Community Development Code to
be kept current to address the needs of the Community. The findings enumerated 1 —5 above illustrate
the conditions that require the policy to be"modernized." Changing the policy as proposed addresses all
five of the above factors that changed since the policy was adopted in the mid 1980s.
Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with
Comprehensive Plan Policy 1.1.1 (C).
Policy 2 - Citizen Involvement
2./.1 The City shall maintain an on citi.Zen involvement program and shall assure that citizens will be provided an
opportunity to be involved in all phases of the planning process.
Findings: These policies state that the City shallmaintain an ongoing citizen involvement program,
provide opportunities for citizen involvement appropriate to the scale of the planning effort, and that
information on land use planning issues shall be available in understandable form for all interested
citizens.
This matter was discussed in a public forum at noticed Council Meetings as noted above. This
discussion was broadcast on public access cable television accessible by the general public.
Public hearings to consider this matter are required before the Planning Commission and City Council.
Notice of the Planning Commission's public hearing was posted in the Tigard Times pursuant to Tigard
Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice
will again be published per the TCDC prior to the City Council public hearing.
The published public notice invites public input and includes the phone number of staff to answer
questions. The notice also included the address of the City's webpage where the entire draft of the text
changes could be viewed. Letters were also sent to individuals on the City-maintained interested parties
list. There has been no public comment up to the time of staff report composition.
The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony
pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary
record.
STAFF REPORT TO TIE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 4 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
Conclusion(s): Based on the above findings that this matter was discussed first in a public forum, and
that various media, television,print and internet,provided access to relevant information and
opportunity to comment, it is concluded that the application is consistent with Policy 2.1.1 It is further
concluded that the proposal conforms to Policy 2.1.1 because the City has followed all its requirements
to provide notice and comply with public hearing requirements to ensure public access to the decision-
making process.
Policy 7-Public Facilities and Services
7.4.1 The City shall.
B. Require that future extensions of collector sewer lines shall be consistent with all City ordinances and agreements between
the City of Tigard, illashington County and the Unified Sewerage Agency (LISA);and
Findings: This policy requires service extensions to be consistent with City ordinances, and agreements
with Washington County and Clean Water Services. The current policy contained language inconsistent
with current circumstances such as referencing the Unified Sewerage Agency (which is now Clean Water
Services) non-remonstrance agreements and outdated health hazard declaration processes. Therefore it
is found that the policy needs to be modernized to be consistent with the more recent City—County
Agreements.
It is important to note a key difference in the proposed policy's wording and the previous policy is that
"annexation must be approved"before needed City services can be provided. This language clears up
any ambiguity, to ensure that timely and logical service provision can be made by the City.
It is found that the proposal better implements the City-County Tigard Urban Planning Agreement
(UPAA) and the Tigard Urban Services Area Agreement (TUSA). In the most basic sense the Urban
Planning Area Agreement states that the City is the ultimate urban service provider for all territory
within the delineated Tigard Urban Service Area as required by state law (ORS 195).
Conclusion(s): It is concluded that the proposed amendment is is with City ordinances and
applicable City-County intergovernmental agreements.
APPLICABLE METRO REGULATIONS:
Metro Functional Plan:
Findings: The Metro Functional Plan is not applicable to this application.The application does not
affect those Titles that pertain to Tigard. The proposal does not have bearing or amend the City's
housing or employment targets per Title 1. It does not affect regional mobility or traffic issues per Title
2. It is not relevant to water quality, flood management or fish and wildlife per Title 3. The application
does not specifically affect industrial or employment areas per Title 4. Neighboring cities and/or rural
reserves in Title 5 will not be affected by this proposal. The application is not relevant to designated
centers per Title 6. The proposal does not affect housing affordability per Title 7. No compliance
procedures per Title 8 are relevant to this proposal. Performance measures per Title 9 are not affected by
this amendment proposal. The proposal does not change any definitions per Title 10. The proposal is
not planning for a new urban area per Title 11. The application does not alter residential neighborhoods
per Title 12. Therefore, these criteria are not applicable.
STAFF REPORT TO THE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 5 OF 9
LEGISLATPJE COMPREHENSIVE PLAN AMENDMENT
Conclusion(s): Based on the analysis above, staff finds that the Metro Functional Plan is not applicable
to the proposed amendment.
STAFF REPORT TO THE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 6 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER
OREGON REVISED STATUTES CHAPTER 197
Statewide Planning Goals
Statewide Planning Goal 1 - Citizen Involvement.
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans
and changes to the Comprehensive Plan and implementing documents.
Findings: This matter was discussed in a public forum at noticed Council Meetings as noted above. At
this time the discussion was broadcast on public access cable television accessible by the general public.
Public hearings to consider this matter are required before the Planning Commission and City Council.
Notice of the Tigard Planning Commission's public hearing was posted in the Tigard Times pursuant to
Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice
will again be published per the TCDC prior to the City Council public hearing.
The published public notice invites public input and includes the phone number of staff to answer
questions. The notice also included the address of the City's webpage where the entire draft of the text
changes could be viewed. Letters were also sent to individuals on the City maintained interested parties
list. There has been no public comment up to this time.
The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony
pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary
record. Therefore, citizen involvement requirements for the proposed Comprehensive Plan amendment
have been met.
Statewide Planning Goal 2 -Land Use Planning:
This goal outlines Oregon's land use planning process and policy framework. Land use
decisions are to be made in accordance with a Comprehensive Plan and implementing
ordinances. These Plans should be based on factual information and be periodically updated.
Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV
procedure,which requires that it be consistent with any applicable statewide planning goals, federal or
state statutes or regulations,Metro regulations, comprehensive plan policies,and City implementing
ordinances. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as
required. As proven above all applicable review criteria have been addressed within this staff report;
therefore, the requirements of Goal 2 have been met.
Statewide Planning Goal 11 -Public Facilities and Services
This goal calls for efficient planning of public services such as sewers,water,law enforcement,
and fire protection.
Fin s:The proposed amendment makes explicit that annexation is required before property within
Tigard's Urban Services Area,but outside the City limits,can receive City Services.This proposal will assure
that properties annexed by the City of Tigard have sufficient access to City services. In this way an orderly
and efficient arrangement of public facilities and services can be provided.Therefore,this amendment
makes for more efficient planning of public services,and this goal is met.
STAFF REPORT TO TI IE CTI'Y COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 7 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
SECTION VI. ADDITIONAL CITY STAFF COMMENTS
The City of Tigard Police Department has had an opportunity to review this proposal and has no
objections.The City of Tigard's Building Division and City of Tigard's Public Works had an
opportunity to review this proposal and did not respond.
SECTION VII. OUTSIDE AGENCY COMMENTS
Oregon Department of Land Conservation and Development and Metro were notified of the
proposed amendments and did not respond.
Tualatin Valley Fire & Rescue and the Tualatin Valley Water District were notified of the proposed
amendments and did not respond.
Clean Water Services responded to the request for comments as follows:
• "We recommend following the provisions of the current Design and Construction Standards
(currently R&O 07-20,available on line at: http://clean water
services.org.PermitCenter/DesignConstruction/Update/default.aspx) for all issues relating to
development,vegetated quarterlies,erosion control,and preservation of wetlands,natural drainage
ways,and enhancements thereof.
• We recommend following all applicable sections of the January 2005 Intergovernmental Agreement
between the City of Tigard and Clean Water Services."
Staff Response: Clean Water Services is aware that the City is the designated service provider within this
area and that if City Services are needed,annexation is required.The agency's first comments are applicable
to the actual design and construction of city sanitary sewer facilities that would be needed to serve
development within the Tigard Urban Services Area. They are not applicable to the actual policy changes
being proposed.
Clean Water Services and the City entered into an intergovernmental agreement in 2005 that specifies the
responsibilities of the District and the City for the performance of specific functions relating to operation
and maintenance of the sanitary and storm sewer and surface water systems.These matters do not address
the policy matters associated with the proposed Comprehensive Plan Amendment. The Clean Water
Services-City of Tigard Intergovernmental Agreement focuses on engineering,design,maintenance,
funding and operational issues. It applies both to the incorporated,and unincorporated,portions of the
Tigard Urban Services.Therefore,the District's second comments are not applicable to the proposed policy
amendment.
SECTION VIII. CONCLUSION
Staff concludes that the proposed changes comply with the applicable criteria of the Tigard
Comprehensive Plan Statewide Planning Goals,Metro regulations, and applicable provisions of the
City's implementing ordinances.
Therefore,it is recommended that the Planning Commission recommend to City Council that it adopt
the proposed Comprehensive Plan Text amendment as determined through the public hearing process.
STAFF REPORT TO THE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 8 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
ATTACHMENT:
EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE
PLAN.
September 27, 2007
PREPARED BY: Markus Mead DATE
Long Range Planning Intern
September 27, 2007
APPROVED BY: Ron Bunch DATE
Assistant Community Development Manager
File:I:\LRPLN\COMPPLAN\VolumeII\CPA\2007-00003\Staff Report\CPA2007-00003 Staff
Report_09.26.2007_Final.doc
STAFF REPORT TO THE CITY COUNCIL
CPA 2007-00003 ANNEXATION POLICY PAGE 9 OF 9
LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT
Exhibit C
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
October 15,2007
1. CALL TO ORDER
President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard
Civic Center,Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Fishel,
Hasman, Muldoon (arrived at 7:30),Vermilyea, and Walsh
Commissioners Absent:
Staff Present: Ron Bunch,Assistant Community Development Director; Sean Farrelly,
Associate Planner;Jerree Lewis,Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS
Commissioner Caffall reported that the Committee for Citizen Involvement is currently seeking
new members for the committee.
Commissioner Walsh advised that the Tree Board would be meeting Wednesday night. He is
hoping staff will sum up the issues from the last joint Tree Board/Planning Commission
workshop. They will work on the issues and come back to the Planning Commission at a
future date.
4. APPROVE MEETING MINUTES
Motion by Commissioner Doherty, seconded by Commissioner Hasman, to approve the
October 1,2007 meeting minutes as submitted. The motion was approved as follows:
AYES: Anderson, Doherty, Fishel, Hasman, Inman,Walsh
NAYS: None
ABSTENTIONS: Caffall,Vermilyea
EXCUSED: Muldoon
5. PUBLIC HEARING
5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003
LEGISLATIVE UPDATE: ANNEXATION POLICY
PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 1
REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy
10.2.1 as directed by City Council to make explicit that annexation is required
before property within its Urban Services Area, but outside the City limits, can
receive city services. These changes also ensure that all policies in the
Comprehensive Plan are consistent with City/County Agreements. LOCATION:
Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is
not applicable to a specific property or group of properties. APPLICABLE
REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390,
Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1;
Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization
10.1.1 Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2
(Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14
(Urbanization).
STAFF REPORT
Assistant Community Development Director Ron Bunch presented the staff report on
behalf of the City. He advised this application is a result of Council's desire to make sure it
is absolutely explicit for properties located within the City's designated Urban Services Area
and wishing to receive services, that they must first annex to the City to receive services.
This policy will be included with the new Comprehensive Plan update, but since there are
current pending annexation applications, the City wants to do this amendment early so
property owners and developers know that they must annex before receiving City services.
Bunch noted that in the past, homeowners weren't required to actually annex before
receiving City services if they signed a non-remonstrance agreement for future annexation.
In the City's experience, people successfully fought the non-remonstrance agreements in
court and never annexed. Bunch said the proposed application complies with all applicable
criteria and statewide planning goals and recommends the Planning Commission forward a
recommendation of approval to the City Council.
Bunch advised that City services primarily include sewer and storm drainage lines. The term
"services" is defined broadly, because we don't know what services could be included in the
future.
If the City does not approve the proposed amendment, it would make it difficult for
developing properties in the Urban Services Area. We would argue that they cannot receive
City services unless they annex to the City first. We would like the policy to be clear and
straightforward.
Bunch said the City would work with developers to see that annexation applications and land
use applications would run concurrently.
PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 2
PUBLIC TESTIMONY
John Frewing, 7110 Lola Lane,Tigard 97223, believes some of the proposed language is
vague and should be clearer. He asked what a potential health hazard would be. Could that
include police or unsafe sidewalks? Ron Bunch advised that the health hazard is defined by
statute as a situation where there is a failing septic tank, contaminated ground water, or
contaminated drinking water that requires the Oregon Environmental Quality Commission
to declare an eminent health hazard to the public. We can reference the statute and the
administrative rules in the amendment.
PUBLIC HEARING CLOSED
Motion by Commissioner Walsh, seconded by Commissioner Caffall, to move forward a
recommendation of approval to City Council of application CPA 1007-00003 as amended to
include specific reference to the legislative references in the ORS,including the staff report and
the testimony tonight. The motion was approved as follows:
AYES: Anderson, Caffall,Doherty,Fishel, Hasman, Inman,Vermilyea,Walsh
NAYS: None
ABSTENTIONS: None
EXCUSED: Muldoon
6. COMPREHENSIVE PLAN—HOUSING,ECONOMY WORKSHOP
Commissioner Muldoon arrived at 7:30 p.m.
Associate Planner Sean Farrelly presented the draft policy language on housing and economy.
The Commissioners reviewed the proposed policy and suggested the following changes to the
language (responses are written in italics):
■ It was suggested adding an action measure to develop a branded marketing effort and
brand elements to preserve their value to Tigard. It's hard to tell one community from
the next. This idea could be encompassed in developing a formal economic developmentpyn,g m and
strategy or we could add another action measure.
■ Should we elevate 9.1.iv to a policy level? IYIe can do that. The idea that we should gmw what
we have is reflected in the "economicgardeningidea"to develop what we already have here. It was
suggested taking the theme of action measures #iv and#v and re-working them into a
policy statement for encouraging growing businesses.
■ Commissioner Vermilyea believes that,instead of letting traffic dictate what we can do
in the Tigard Triangle, the City should envision a goal for the area (what we want it to
look like,what do we want the character of the neighborhood to be) and then figure out
the transportation needs for serving that goal. It was decided to "park" this idea and
come back at a later date for discussion.
PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 3
■ In Goals 9.1 and 9.3, there's not a lot of integration of residential,retail, and commercial
uses (mixed use) and how housing integrates with economic development. Maybe n e can
reemphasi.Zel beef-up the language. Can we carry the language in 10.1.v forward to the
economic development section and blend the two?
■ Add the term business clusters to the economic development definitions. It was
suggested drawing the definition from the State Economist's definition. Also, add a
possible action measure to prioritize support for businesses identified as able to develop
into regional clusters. The definition could include some examples.
■ Under 9.3.xv,it was suggested to modify the focus to monitoring emerging technology
to ensure competitive priced access. Some Commissioners, on the other hand, do not
believe the City should be involved in being the leader on this.
■ It was suggested to add an action measure to add an Economic Development Director
for the City.
■ Goal 9.2 could use more details.
■ Under 9.2.1,it looks like we're giving land away.
■ Under 9.3, can we elevate action measure #v to a clearer policy statement? Staf m ill look
at it. Possibly it could be expanded to include all transportation infrastructure, etc., and maybe mention
H2ay. 99WI Maybe 9.1 would be a better place for it. Transportation can be included in both
9.1 and 9.3.
■ The definition for work force housing should be added to the Economic Development
section.
■ 10.2.6—maybe we could apply this to multi-family housing instead of single family.
■ 10.2.9—the language seems strong and may be inconsistent with the other sections that
we've had on this topic. Suggested language: The City shall require infill development
to be designed to address compatibility with existing neighborhoods. Action measure
#ii might give us the means by which it could be addressed. We may have to break it
down to more action measures.
■ 10.2.10—change the wording to: "home business occupations" or otherwise clarify that
it pertains to home-based businesses.
John Frewing offered the following comments:
■ He expressed concern about wording which could make one particular goal appear
more important than another. The language should be comparable throughout the
entire Comp Plan, so that all goals would be weighed and considered the same. For
example, the strong language in 9.1.3 does not exist in the current Comp Plan. Using
words like seek,balance, and coordinate efforts would be the right way to do it
throughout.
■ Under 9.3.1,he would like to see the Tigard Triangle added to the list.
■ He would like to see map 3-3 in the Resource Document updated in the final
document.
7. OTHER BUSINESS
PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 4
None
8. ADJOURNMENT
The meeting adjourned at 8:57 p.m.
Jerree Lewis,Planning Commission Secretary
ATTEST: President Jodie Inman
PLANNING COMMISSION MEETING MINUTES—October 15,2007—Page 5