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Ordinance No. 10-11 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE, NO. 10- 11 AN ORDINANCE READOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008- 00002 TO ADD GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 2, AS ORIGINALLY ADOPTED IN ORDINANCE 08-08. 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, Tigard Tree Board meetings, 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 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 2; and WHEREAS, the Tigard Planning Commission held a public meetuzg on April 21, 2008, and recolTunended approval of the proposed CPA 2008-00002 by motion and with unanimous vote in support; and WHEREAS, on May G, 2008 and June 3, 2008, the Tigard City Council held public hearings to consider the Co;rinission's recoinxnendation on CPA 2008-00002, hear public testimony, and apply applicable decision-malting criteria; and WHEREAS, on June 3, 2008, the Tigard City Council approved Ordinance 08-08, adopting CPA 2008-00002 as amended pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt Ordinance 08-08 was based on the findings and conclusions found in the City of Tigard staff report dated April 7, 2008 and the associated record which are incorporated herein by reference and are contained in land-use file CPA 2008-00002; and WHEREAS, on June 25, 2008 the I Iomebuilder's Association of Metropolitan Portland filed a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals of the State of Oregon; and WHEREAS, the City, in consultation with the Land Use Board of Appeals and the Home Builders of Metropolitan Portland, has chosen to withdraw the decision for reconsideration and readoption of CPA 2008-00002 by the Tigard City Council, subject to revised findings and conclusions; and WHEREAS, the City has prepared revised findings and conclusions, contained tivithin a staff report dated July 13, 2010 and included in Exhibit "A"; and ORDINANCE. No. 10- 11 Page 1 WHEREAS, the City has documented in Exhibit "A" the many benefits and services provided by trees and a functional urban forest; and WHEREAS, on August 10, 2010 the City Council held a public hearing to reconsider CPA 2008- 00002, hear public testimony, and apply decision-malting criteria. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council readopts text changes to the Tigard Comprehensive Plan, as contained in Tigard Ordinance No. 08-08 and included as Attaclunent 1 of the July 13, 2010 Staff Report (Exhibit "A"). SECTION 2: Tigard City Council adopts the revised findings and conclusions contained in Exhibit "A" in support of the Council's action. SECTION 3: Tigard City Council adopts the supporting material contained in Exhibit "A" as an expression of legislative intent and further findings to support the Council's action. SECTION 4: 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 Vl n cm 1 noOuS vote of all Council members present after being read by number and title only, this )0«'` day of c = ' 2010. 6C2C Catherine Wheatley, CityRecorder .APPROVED: By Tigard City Council this ( —Citi day of �t.i�'�F�, , 2010. a- 1 Craig dirltsen, Mayor Approved as to form, City Attorney 1rf ORDINANCE No. 10- 1 Page 2 Exhibit "A" JULY 13, 2010 STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON A � 120 DAYS = N/A SECTION L APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 2: LAND USE PLANNING FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00002 PROPOSAL: The City is requesting Council readopt the Comprehensive Plan Amendment to amend the current Comprehensive Plan to include goals, policies and recommended action measures relating to Tigard's Urban Forest, subject to new findings. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: City-wide 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, Natural Resources and historic Areas, Environmental Quality; Hazards, Parrs, Recreation, Trails & Open Space; Econoinic Development, Housing,Public Facilities and Services;Metro Functional Plan Titles 3 and 13;and Statewide Planning Goals 1,2,4, 5, 6,7, 9, 10, 11 and 13.. SECTION H. STAFF RECOMMENDATION Staff recommends Council readopt the Tigard Comprehensive Plan Amendment pertaining to Tigard's Urban Forest,as previously approved under Ordinance 08-08,subject to new findings contained in this staff report,-with any alterations determined through the public hearing process. STAFF REPORT To THE CITY COUNCIL CI'A 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 1 OF 19 Exhibit "A" SECTION III. BACKGROUND INFORMATION On Jude 3, 2008 the City Council approved Ordinance 08-08 adopting Comprehensive Plan 2008- 00002 to add Goals,Policies,and Recommended Action Measures pertaining to Statewide Planning Goal 2: Tigard's Urban Forest. This Comprehensive PIan Amendment serves as the "legislative foundation"in regards to the City's protection and management of the urban forest. In addition to addressing Tigard's Urban Forest, this amendment is part of a series of amendments that collectively, have updated the Comprehensive flan in its entirety. The only exception being the chapter relating to Statewide Planning Goal 12: Transportation. Following adoption by the City, the Home Builders of Association of Metropolitan Portland (HBA) filed a Notice of Intent to Appeal with the Land Use Board of Appeals of the State of Oregon (LUBA). This notice was filed on Jun 25, 2008. While the (iasis of the appeal has never been formally detailed in writing, the City understands RBA's concerns to be related to the sufficiency of the findings of fact supporting the language of the Comprehensive PIan Amendment. In lieu of filing the record and proceeding to hearing before LUBA, the HBA and the City opted for mediation through a series of stipulated agreements. This mediation ended in June of this year when the City, in consultation with the HBA, chose to voluntarily withdraw the decision back to City Council for reconsideration and readoption of the Amendment with revised findings. In preparation for this reconsideration and re-adoption, staff has prepared findings of fact. These are included below in Section IV of this staff report. No change is proposed to the Comprehensive Plan language (Attachment 1), only to the findings of fact that support the amendment. These findings reference correspondence with DLCD regarding die applicability of Statewide Planning Goals to the Comprehensive Plan Amendnrnent (Attachment 2), and an annotated bibliography of academic and professional articles documenting the benefits and services provided by trees and a functional urban forest (Attachment 3). SECTION IV. APPLICABLE CRITERIA AND FINDINGS The following represents the applicable criteria and findings in their entirety; no additional issues were raised during the hearings and adoption process that are not addressed through these findings. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the Urban Forestry Comprehensive Plan Amendment ("Urban Forest Policy") has a limited scope and the amendments address only some of the topics in the Statewide Planning Goals, only the goals addressed below apply. Statewide Plan irlg Goal 1—Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. 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 STAFF REPORT"I'O TI IE CITY COUNCIL. CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 2 OF 19 Exhibit "A" Program was reviewed and endorsed by the Comimittee 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 Iistserv,-Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included Presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the Tigard Tree Board met at regular meetings to provide input and develop a formal recommendation to Council, PIanning Commission, and staff consistent with Council Resolution 07-30. Meetings were open to the public and public comment was accepted during the course of deliberation. 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 the original Planning Commission public hearing was sent to the interested parties list and published in the March 20, 2008 issue of The Tithes. Public notice for the original City Council public hearing was sent to an interested parties list and published in die Times on May 15, 2008. As part of the voluntary withdrawal and reconsideration process, notice of a City Council public hearing was again sent to the interested parties fist and published in The Tigard Times on July 22, 2010. The notices 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 PIanning Goal 2—Land Use Planning_ To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. Findings: The proposed amendment to the Tigard Comprehensive Plan is being undertaken to update the City's acknowledged Comprehensive Plan in a manner consistent with current conditions and citizen values. It is being processed as a Type N 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 die decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing and all applicable revic%v criteria have been addressed within this staff report. Therefore, the requirements of Goal 2 have been met. The policies included in this amendment address the diverse attributes and services of a healthy urban forest, and reflect present community values. Understanding of these attributes and services is based on academic and scientific information cited in a tmemo to City Council dated May 17, 2010 (Attachment 3), and included in the record of the decision to adopt the Urban Forest Policy to the Comprehensive Plan. STAI71,REPORT TO TI-[E CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 3 OF 19 Exhibit "A° Statewide Planning Goa14—Forest Lands To conserve forest lands by maintaining the forest Iand base, and to protect the state's forest economy. Findings: Forest Iands are those acknowledged as forest Iands as of the adoption of Statewide Planning Goal 4. The City of Tigard has not identified any commercial forest lands within its City limits,and as such this amendment is not subject to the requirements of Goal 4. Statewide Planning Goal 9—Natural Resources To protect natural resources and conserve scenic and historic areas and open spaces. Findings: The proposed Urban Forest Policy does not amend rhe City's acknowledged Goal 5 program or inventories. The Urban Forest Policy is aspirational and descriptive in nature and intended effect. Adoption of this policy will not result in any amendment to current natural resource regulations and protections, or the permitting of any new uses, whether in conflict with significant resources or otherwise. Therefore, the Urban Forest Policy does not affect any Goal 5 resources or trigger application of the Goal 5 rule and is in compliance with Goal 5 process requirements. Oregon Administrative Rule (OAR) 660-023-0250(3) states that in adoption of a post- acknowledgement pian amendment (PAPA), a local government is not required to apply the Goal 5 criteria unless the PAPA affects a Goal 5 resource in any of the following three ways: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site,is included in the amended UGB area. The Urban Forest Policy amends the City's acknowledged Comprehensive Plan by adding a new chapter and is a PAPA, as defined at OAR 660-023-0010(5). Therefore, the Goal 5 criteria are only applicable to the Urban Forest Policy if any of OAR 660-023-0250 (a), (b),and (c) are implicated. The City finds that the Urban Forest Policy (a) does not amend or create a resource list, nor does it create or amend the City's acknowledged Goal 5 program or any implementing land use regulations, (b) does not allow a ny new uses,and (c) does not amend the acknowledged UGB. There is no direct link between the Urban Forest Policy, as the policy is to be adopted and implemented separately from the City's Goal 5 program and regulations. As a result, no current regulations of the use of property will be amended, and no new uses will be allowed by adoption of this policy. Additionally, the Urban Forest Policy sets out a policy for future preservation of individual trees and will not affect the current regulation or protection of any significant Goal 5 resources. Tigard's interest in the adoption of this Comprehensive Plan Amendment spans the full range of services and values that trees provide such as air and water quality, economic development, reduction of the urban heat island effect, carbon sequestration, aesthetic STAFF REPORT TO THE CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 4 OF 19 Exhibit "A" enhancement, and increased livability and human health. While this broad range of services and shared goals may at tunes overlap with the narrower natural resources related objectives of Statewide Planning Goal 5, any overlap is significantly outweighed by the preponderance of other values and services that trees can provide to the community, the promotion of which is the purpose of the Urban Forest Policy. However, this does not eliminate the natural resource value of policies that seek to maintain a healthy urban forest. To the degree to which these policies embrace the natural resource value of the urban forest, the intent of Goal 5 is also met. These findings are consistent with the position expressed by the Oregon Department of Land Conservation and Development (DLCD), dated December 16, 2008 (Attachment 2). In this letter, DLCD confirmed that the requirements of Goal 5 are very specific, whereas the requirements of Goal 6 are quite broad, and that "although there may be some shared objectives, there is not necessarily a direct link between [tree policies] and Goal 5." As such, the process requirements of Goal 5 are separate from the proposed amendment, and sufficient findings have been made for the establishment of the Urban Forest Policy under other Statewide Planning Goals. To that end, findings for the establishment of urban forestry goals and policies can be found in Statewide Planning Goals 2, 6, 7, 9, 10, 11, and 13. Should any subsequent adoption of regulations to implement this Urban Forest Policy trigger any Statewide Planning Goal 5 requirements at the tune of implementation, the City will follow all necessary processes for compliance with Goal 5 at that time. Statewide Planning Goal G.•Air, Water, and Land Resources Quality To maintain and improve the quality of the air,water, and land resources of the state. Findings: The proposed amendment is consistent with Statewide Planning Goal 6 as the proposed goals and policies seek to manage the City's urban forest in a manner that maintains and improves the quality of the air,water, and land resources of die state. Proposed Goals 2.2 and 2.3 and their associated policies (Attachment 1) includes statements seeking to minimize erosion, limit stormwater run-off impacts, improve air quality, and buffer differential land uses from one another through the maintenance and planting of trees. The benefits of trees to air, water, and land resource quality are well documented in academic and professional literature. These studies and reports are cited and summarized in a memorandum to the City Council dated May 17, 2010, and included in the record of the decision to readopt the Urban Forest Policy (Attachment 3). Statewide Planning Goal 7.• Areas Suhiect to Natural Disasters and Hazards To protect life and property from natural disasters and hazards. Fins: The proposed Comprehensive Plan Amendment (Attachment 1) contains policies that allow the City to not only continue to regulate tree removal on lands subject to natural hazards, but also to address public safety concerns by finding ways to prevent and resolve tree related hazards through appropriate code amendments. Such hazards would include natural disasters and hazards such as storm related flooding, erosion, landslides, and falling trees. As a result, adoption of the proposed amendment would support the protection of life and property from natural disasters and hazards. Statewide Planning Goal 9.Economic Development STAFF IEPOW17 TO THE CITY COUNCIL CI'A 2006-00002 STATEWIDE PLANNING GOAL 2 PAGE 5 OF 19 Exhibit "A" To provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. Findings: The proposed amendment is supportive of the economic development goals of the state. Included in the amendment are goals and policies that call for the integration of urban forestry related principles and practices into public and private projects undertaken in Tigard,including those pursued for economic development purposes. This includes policies calling for flexibility in development standards and appropriate tree planting requirements to ensure that the urban forest is sustained and in a manner that does not discourage investment or economic activity. More broadly, rhe aspirational goals and policies look to the future adoption land use regulations and standards to enlarge and improve a healthy and functioning urban forest in order to enhance the aesthetic experience, environmental quality,and economic value of Tigard's streets and neighborhoods.The desired improvement in the urban environment is expected to support and protect both public and private sector investment that wishes to capture or leverage a high quality urban environment. The positive influence of trees and a healthy urban forest upon community livability and economic prosperity is well documented in academic,professional, and government literature. Such effects can be seen in the realm of aesthetic and environmental quality,community health and safety, consurner preference and behavior, and economic vibrancy. These studies and reports are cited and summarized in a memorandum to the City Council dated May 17,2010 (Attachment 3). Statewide Planning Goal 10:Housing To provide for the housing needs of the citizens of the state. Findings: The proposed goals and policies continue to ensure that housing needs for all citizens are provided for because they do not reduce the amount of buildable lands available, nor require a lowering of allowable densities. The proposed amendment does aspire towards the protection and enhancement of neighborhood vitality and livability,unproved environmental and human health of those residing within, protection from tree related hazards, and the protection and enhancement of residential property values. Recent studies suggest that the presence of trees in residential neighborhoods can be linked to the greater well-being of residents and tlhe protection of market value for !homes with mature trees on the same lot or proxunate to the home. These studies and reports are cited and summarized in a memorandum to the City Council dated May 17,2010 (Attachment 3). 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: This update will ensure continued compliance with Statewide Planning Goal 11 as the new goals and policies reflect current community conditions and values, and ensure that the variously impacted departments operate in a unified manner towards the enhancement of the urban forest as a green infrastructure system. Statervirle Plannhrg Goal 13:Energy Consemation To conserve energy. STAFF REPORT TO THE CITY COUNCIL CPA 2006-00002 STATEWIDE PLANNING GOAL 2 PAGE 6 OF 19 Exhibit "A" Findings: The proposed amendment is consistent with and supports Statewide Planning Goal 13 to conserve all forms of energy through a number of its aspirations. The heating and cooling of buildings is a significant source of energy consumption. Trees can reduce this demand for energy through the seasonal regulation of solar energy, transpiration, and wind speed reduction. By providing shade in the summer, trees can help to mitigate the urban heat island effect (a significant increase in ambient temperatures resulting from large expanses of unshaded asphalt and concrete that act as a heat sink). Similarly, the use of deciduous trees along the southern exposure of buildings can provide shade in the summer,while allowing solar radiation to reach the building during the winter months when such a warming effect is desired. By regulating solar gain or shade during the extreme months of the year, the presence of a healthy and appropriate tree canopy can result in a significant reduction in energy required to heat and cool buildings. In addition to lowering ambient temperatures and solar gain, the shade provided by urban tree canopy over streets and parking lots can extend the useful life of pavement, resulting in higher fuel efficiency for vehicles traveling the roadway, and a significant reduction of energy inputs required to maintain the streets in an acceptable condition. These findings are supported in greater detail by studies and reports cited and summarized in a memorandum to the City Council dated May 17,2010 (Attachment 3). CONCLUSION: Based on the analysis above, Council finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. APPLICABLE METRO REGULATIONS: Metro has adopted an Urban Growth Management Functional Plan (UGMFP) that requires local jurisdictions to adopt and amend Comprehensive Plans and land use regulations that are not inconsistent with its provisions. Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated with flooding. Findings: In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply tivith Title 3 of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood management requirements for the region. The adopted standards were based on a unified program developed by local governments in the Tualatin Basin and implemented through Clean Water Services (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin hills Park and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and address the Clean Water Act and Endangered Species Act (ESA). STAFF ItE-PORT I'O THE CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 7 OF 19 Exhibit "A" The proposed amendment, specifically Goal 2.2 and 2.3 and their associated policies (see Attachment 1), will continue to ensure consistency with Title 3 requirements and standards. The policies also outline the City's commitment to appropriate tree protection with new development, and for the City to manage and enhance the urban forest to maximize water quality and flood control benefits. Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods — conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their floodplains in a manner that is integrated with upland wildlife habitat and with the surrounding urban landscape; and control and prevent water pollution for the protection of the public health and safety, and to maintain and improve water quality throughout the region. Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to develop a prograin to meet Statewide Goal 5 requirements for inventorying riparian areas and wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13 (rhe regional Nature in Nei liborboods program). The Titalatirr Basin Fish and [Fildlife Habitat Prvgraw was developed to complement Clean Water Services Design and Constructions Standards to protect the beneficial uses of water(including rivers, streams and creeks) within the Tualatin Basin. The proposed amendment, specifically Goals 2.2 and 2.3 and their associated policies (see Attachment 1), will continue to ensure consistency with Title 13 requirements and standards. Policies 2.2.1 through 2.2.3 describe clear direction for the City to coordinate and enhance existing and future protections for trees across the City, including habitat areas and other sensitive lands. Similarly, Policies 2.3.1, 2.3.2, and 2.3.7 are descriptive in nature and seep to assure that property owners minimize impacts to existing tree cover, to focus preservation on native trees, and to cooperate with property owners and other stakeholders involved in the management and preservation of wetlands, stream corridors, habitat areas, and similar resources. It should be noted that this amendment does not change any adopted resource inventories or resource regulations, and only provides an aspirational policy direction for future action. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: General Findings Finding: The City's Comprehensive Plan was adopted by the Tigard City Council in 1983, and acknowledged as being in conformance with the Statewide Planning Goals by the Land Conservation and Development Department (LCDC) on October 11, 1984. LCDC re- acknowledged the plan's compliance with the Statewide Planning Goals through a subsequent Periodic Review process. Finding: The Council finds that the following Comprehensive Plan goals and policies apply to the amendments and the amendments satisfy the applicable goals and policies for the reasons stated below. During the course of public hearings, the Community Development Department, the STAFF REPORT TO THE CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING G&''1L 2 PAGE 8 017 19 Exhibit "A" Planning Commission, and the City Council provided all interested parties opportunities to identify, either orally or in writing, any other Comprehensive Plan goals or policies that might apply to the amendments. No additional provisions were identified. Fines The proposed amendment was adopted by Council on June 3, 2008, and is now returning to the same body on voluntary withdrawal and reconsideration. Subsequent to the adoption of the urban forestry Comprehensive Plan amendments the Tigard City Council adopted multiple Post Acknowledgement Plan Amendments, removing some policies and inserting new ones, including Ordinance 08-07 (amending Chapter 2 — Land Use PIanning) and Ordinance 08-13 (Chapter 5 — Natural Resources and historic Areas). These updates are the result of a multi-year effort by the City of Tigard to completely update its Comprehensive Plan on a chapter-by-chapter basis to reflect current community conditions and values. Each plan chapter amendment was separately reviewed by DLCD and found compliant with the statewide planning goals. As a result, the Comprehensive Plan in 2010 is not the same document that was in effect in 2008 when this amendment was first considered by Council. In order to ensure internal legislative consistency, the City finds the current language of the Tigard Comprehensive Plan is the only applicable criteria when adopting new provisions there to under a voluntary withdrawal and reconsideration. However, should the old Comprehensive Plan language be found applicable, findings of consistency have been prepared by staff and are included as Attachment 4. 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 1.1.2 The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Policy 1.1.3 The City shall establish special citizen advisory boards and committees to provide input to the City Council, Planning Commission, and City staff. Findings: This amendment process has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Corrununity Development Code. The 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 PIanning 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. STAFF REPORT TO THE:CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 9 OF 19 Exhibit "A" Involvement opportunities included two open houses, participation on a policy interest team, submitting written coirunents via the website, and attending the Planning Commission workshop. 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. Additionally, the Tigard Tree Board met at regular meetings to provide input and develop a formal recommendation to Council, Planning Commission, and staff consistent with Council Resolution 07-30 (Interim Charge Statement for the Purpose of Developing Comprehensive Tree Protection and Urban Forest Enhancement Program). Meetings were open to the public and public comment received during the course of deliberation. As part of the Comprehensive Plan Amendment process, public notice of the original Planning Commission public hearing was sent to the interested parties list and published in the March 20, 2008 issue of The Tunes. Public notice for the original City Council public hearing was sent to the interested parties list and published in the Times on May 15, 2008. As part of the voluntary withdrawal and reconsideration process, notice of a City Council public hearing was again sent to the interested parties list and published in The Tigard Times on July 22, 2010. The notices invited public input and included the phone number of a contact person to answer questions. The notices also included the address of the City's webpage cohere the entire draft of the text changes could be viewed. Policy 1.1.5 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 access 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 1.2.1 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 1.2.2 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. STAFF REPORT TO THE CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 10 Or 19 Exhibit "A" Findings: Information was distributed throughout the process via die 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 ouf information. Policy S. 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 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 die 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 foundation of Tigard's land use planning program. Policy 2.1.1 The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens own interests. Policy 2.1.3 The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: This update seeks to ensure continued compliance with Statewide Planning Goal 2, as the new goals and policies reflect current community conditions and values regarding the benefits and services of Tigard's urban forest. The new goals and policies have been developed through a citizen involvement effort in compliance with Statewide Planning Goal 1, were reviewed by City staff, distributed to affected agencies for comment, and reviewed by the Tigard Planning Commission. Chapter 4.Forest Lands Finding: Land is considered forest land only if it was acknowledged as such when Goal 4 was adopted. The City of Tigard has not identified any commercial forest lands within its City I ts, as such the City has not adopted any goals or policies related to commercial forestry. Chapter 5.Natural Resources and Historic Areas STAFF REPORT TO THE CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE I I OF 19 Exhibit "A° Goal 5.1 Protect natural resources and the environmental and ecological functions they provide and, to the extent feasible, restore natural resources to create naturally functioning systems and high levels of biodiversity. Policy 5.1.1 The City shall protect and, to the extent feasible, restore natural resources in a variety of methods to: A. contribute to the City's scenic quality and its unique sense of place; B. provide educational opportunities, recreational amenities, and buffering between differential land uses; C. maximize natural resource functions and services including fish and wildlife habitat and water quality; and D. result in healthy and naturally functioning systems containing a high level of biodiversity. Policy 5.1.2 The City shall demonstrate leadership in natural resource protection through the use of sustainable building practices and low impact development strategies, to the extent feasible, on all City projects. Policy 5.1..3 The City shall provide options to conventional construction and site planning techniques, and incorporate sustainable and low-impact building and site planning technologies into City codes and standards as they become available. Policy 5.1.4 The City shall actively coordinate and consult with landowners, local stakeholders, and governmental jurisdictions and agencies regarding the inventory, protection, and restoration of natural resources. Policy 5.1..5 The City shall utilize periodic assessments of the effectiveness of the City's programs and regulatory structures to guide future decisions regarding natural resource protection, management, and restoration. Policy 5.1.6 The City shall utilize incentives or disincentives, to the extent feasible, to discourage property owners from removing or degrading natural resources prior to application for development or annexation. Policy 5.1.7 The City shall protect and restore riparian and upland habitats to the maximum extent feasible on public and private lands. Policy 5.1.8 The City shall protect and, to the extent feasible, restore the diverse ecological and non-ecological functions and services of streams,wetlands, and associated riparian corridors. Policy 5.1..9 The City shall implement measures to protect groundwater. Policy 5.1.10 The City shall complete a baseline inventory of significant natural resources and update or improve it as necessary, such as at the time of Comprehensive Plan Periodic Review, changes to Metro or State programs, or to reflect changed conditions, circumstances, and community values. STAFF REPORT TO TI IE Cris COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 12 OF 19 Exhibit "A° Policy 5.1.11 The City shall assist landowners in the protection of natural resources through diverse methods including, but not limited to: education, incentives, planned development standards and regulations, and conservation easements. Policy 5.1.12 The City shall develop and implement standards and procedures that mitigate the loss of natural resource functions and services,with priority given to protection over mitigation. Policy 5.1.13 The City shall identify, preserve, and create linkages between wildlife habitat areas, to the extent feasible, as a key component of parks, open space, and surface water management plans. Findings: Tigard's interest in the adoption of this Comprehensive Plan Amendment spans the full range of services and values that trees provide such as air and water duality, economic development, reduction of the urban heat island effect, carbon sequestration, aesthetic enhancement, and increased livability and human health. While this broad range of services and shared goals may at times overlap with the narrower natural resource related objectives of Statewide Planning Goal 5 and the Tigard Comprehensive Pian Goal and Policies listed above, any overlap is significantly outweighed by the preponderance of other values and services that trees can provide to the community, the promotion of which is the purpose of the Urban Forest Policy. However, flus does not eliminate the natural resource value of policies that seek to maintain a healthy urban forest. To the extent to tivlich the Urban Forest Policy affects the above natural resource policies, it is consistent with each. As discussed in the finding made for Statewide Planning Goal 5, the proposed amendment does not alter the City's acknowledged Goal 5 inventories or land use programs, as it consists of a new chapter of the Comprehensive Plan. Due to the aspirational and descriptive function of the policies contained therein, no changes will occur to current Natural Resource protections by adoption of the Urban Forest Policy. If and when the goals and policies contained in the Urban Forest Policy are implemented through future amendment(s) to the Tigard Development Code and associated inventories, any and all Goal 5 requirements that are triggered by such amendment will be complied with. Should the proposed urban forestry policies trigger any Statewide Planning Goal 5 requirements at the time of implementation, such as the expansion of acknowledged resource inventories, the City would require consistency with the natural resource goals and policies of the Tigard Comprehensive Plan. Chapter 6-Enw*onmental Quality Goal 6.1 Reduce air pollution and improve air quality in the community and region. Policy 6.1.6 The City shall encourage the maintenance and improvement of open spaces, natural resources, and the City's tree canopy to sustain their positive contribution to air quality. Findings_This policy is satisfied by the proposed amendment through Goals 2.2 and 2.3 and their associated Policies (Attachment 1). Policies 2.2.1 through 2.2.4, and 2.3.4 through 2.3.6 seep to ensure that tree removal is minimized and/or mitigated, that ample space be provided for the planting of new trees, and City regulations are periodically updated to remain effective. Policies 2.2.5 through 2.2.7 call for the City to plant new trees and maintain the City's historic investment in STAFFIUSPORT TO TI IL CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 13 01;19 Exhibit "A" trees. Similarly, policy 2.3.7 seeks to ensure cooperation with residents and outside entities in the preservation and management of existing tree cover. This protection and enhancement of tree cover can positively affect air quality and contribute towards meeting air quality standards, as documented in published academic and scientific literature. Relevant literature is cited in a memo to City Council dated May 17, 2010 (Attachment 3). Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policy 6.2.1 The City shall require that all development complies with or exceeds regional, state, and federal standards for water quality. Policy 6.2.3 The City shall encourage the use of low impact development practices that reduce stormwater impacts from new and existing development. Policy 6.2.5 The City shall require measures to minimize erosion and storm runoff from development sites during and after construction. Findings: These policies are satisfied by the amendment through Goals 2.2 and 2.3 and their associated policies (Attaclument 1) which emphasize the protection of existing trees, allowing and encouraging flexibility in site design, the maintenance of a compatible and healthy understory that controls erosion, and a continuing commitment to protect tree cover in sensitive areas such as stream corridors and steep slopes. Policy 6.2.4 The City shall protect, restore, and enhance, to the extent practical, the natural functions of stream corridors, trees, and water resources for their positive contribution to water quality. Findings: These policies related to water quality are satisfied by the proposed amendment through Goals 2.2 and 2.3 and their associated Policies (Attachment 1) that call for tree removal to be minimized or mitigated, ample room be provided for the planting of new trees, and City regulations to be periodically updated to remain effective. Furthermore, 2.2.5 through 2.2.7 call for the City to plant new trees and maintain the City's historic investment in trees, while Policy 2.3.7 seeks to ensure cooperation with residents and outside entities in the preservation and management of existing tree cover. This layered protection of tree cover can positively affect water quality and reduce stormwater impacts resulting from development. Relevant acadernic and scientific literature documenting these services is cited in a memo to City Council dated May 17, 2010 (Attachment 3). Chapter 7:-Hazards Goal 7.1 Protect people and property from flood, landslide, earthquake,wildfire, and severe weather hazards. Policy 7.1.12 The City shall encourage pervious, and minimize impervious, surfaces to reduce storm water runoff. Findings: This policy is satisfied by the amendment through Goal 2.3 and its associated Policies 2.3.1, 2.3.2 and 2.3.5. The first two call for the preservation of existing tree cover and the preservation and/or installation of a compatible understory that, amongst other things, controls soil and erosion. The latter policy also calls for the City to enforce site design and landscape STAFF REPOWr TO THE CITY COUNCIL CPA 2008-00002 STA'T'EWIDE PLANNING GOM,2 I'AGL 14 Or 19 Exhibit "A" requirements to reduce stormwater runoff and other environmental impacts of impervious surfaces. Policy 7.1.13 The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. Findings: This policy is satisfied by the amendment through Goal 2.2, and more specifically by Policies 2.2.8 and 2.2.9 wlhich seek to establish an approved tree list for various applications and site conditions, and call for a prohibition on the use or retention of invasive trees and other plants through the development review process. Policy 7.1.14 The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Findings:This policy is satisfied by Goal 2.3 and Policies 2.3.3 and 2.3.9. The first policy seeks to ensure tree related hazards to persons and property are addressed and abated in a timely way. The latter calls for all applications for tree removal and all tree management plans to be peer reviewed by a certified arborist to ensure their adequacy. 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 recreational; and B. undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space systems. Policy 8.1.19 The City shall seek to establish and manage a fully-functional urban forest. Findings: Consistency with this policy is satisfied by Goals 2.2 and 2.3 and their various related (Attachment 1) that seek to ensure tree removal is minimized or mitigated, that ample room be provided for the planting of new trees, and City regulations are periodically updated to remain relevant and effective. This commitment to the protection and enlargement of tree cover is consistent and supportive of the establishment of a fully-functional urban forest. Chapter 9.Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policy 9.1.3 The city's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. Findings: Consistency with this policy is satisfied by Goals 2.2 and 2.3,and their implementing Policies 2.2.1 and 2.3.6 (Attachment 1). These policies call for the City to remain adaptive and promote economic development through the maintenance and periodic update of land use standards, and the allowance of flexible development standards in order to save trees and not discourage development during site review. STAFF REPORT TO THE CITY COUNCIL CPA 2008-00002 STATEWIDE_PLANNING GOAL 2 PAGE 15 OF 19 Exhibit: "A" Policy 9. 1.12 The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Findings: Stated urban forestry Goals 2.2 and 2.3 and their implementing Policies (Attachment 1) are consistent with Policy 9.1.12 as the language calls for the integration of urban forestry goals and practices into public and private projects, including those undertaken for economic development purposes. This includes policies calling for flexibility in development standards and appropriate tree planting requirements to ensure that the urban forest is sustained and developed as the City promotes and allows new development to occur. Similarly, other policies call for planned protection and planting of street trees on public property and new road projects. The positive influence of trees and a healthy urban forest upon community livability and economic prosperity is well documented. Such effects can be seen in the realm of aesthetic and environmental quality, community health and safety, and economic vibrancy. These studies and reports are cited and summarized in a memorandum to the City Council dated May 17, 2010 (Attachment 3). Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy 9.3.2 The City shall adopt land use regulations and standards to ensure a well- designed and attractive urban environment that supports/protects public and private sector investments. Findings: The amendment is consistent with this Policy as the goals and policies direct the City to adopt land use regulations and standards to enlarge and improve a healthy and functioning urban forest as well as enhancing the aesthetic experience and economic value of Tigard's streets and neighborhoods. The resulting high quality urban environment will support and protect both public and private sector investment that wishes to capture or leverage a high quality urban environment. A discussion of these benefits can be found in reports and studies that conclude that consumers judge districts with trees as more pleasant to be in, are worth driving farther to visit and spend more time in, and are more twilling to spend more for both parking and goods and services. In addition, the shade provided by streets not only makes the environment more attractive for human occupation and reduce the urban heat island effect, it may also reduce the rate of pavement wear and tear and associated maintenance costs. These studies and reports are cited and summarized in a memorandum to the City Council dated May 17,2010 (Attachment 3). Chapter 10.Housing Goal 10.2 Maintain a high level of residential livability. Policy 10.2.1 The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. Findings: This policy is satisfied by Goals 2.2 and 2.3 and implementing Policies 2.3.1, 2.3.5, and 2.2.7. More specifically, the first two seek to assure that all tree removal be minimized, and encourages the use of flexible development standards to maintain existing trees within STMT REPORT TO THE CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE-16 OF 19 Exhibit "A" neighborhoods. Similarly, Policy 2.2.7 calls for the City to conduct an ongoing urban forest enhancement program to improve the aesthetic quality and economic value of existing neighborhoods. Recent studies suggest that the presence of trees in residential neighborhoods can be linked to the greater well-being of residents and increased market value for homes with mature trees on the same lot or proximate to the home. These studies and reports are cited and summarized in a memorandum to die City Council dated May 17,2010 (Attachment 3). Policy 10.2.8 The City shall require measures to mitigate the adverse impacts from differing or more intense land uses on residential living environments, such as: A. Orderly transitions from one residential density to another; B. Protection of existing vegetation, natural resources and provision of open space areas; and C. Installation of landscaping and effective buffering and screening. Findings: This policy is satisfied by Goals 2.2 and 2.3 and implementing Policies 2.3.1, 2.3.5, 2.3.7 and 2.2.7. More specifically, the first two seek to assure that all tree removal be minimized, and encourage the use of flexible development standards to maintain existing trees within neighborhoods. Policy 2.2.7 calls for the City to conduct an ongoing urban forest enhancement program to improve the aesthetic quality and economic value of existing neighborhoods, while Policy 2.2.14 calls for the use of trees and other vegetation as buffering and screening between differential land uses. Chapter 11.Puhlgc FaciEdes and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 7. The City shall encourage low impact development practices and other measures that reduce the amount of, and/or treat, stormwater runoff at the source. Findings: This policy is satisfied by the proposed amendment through Goal 2.3, and its implementing Policies (Attachment 1). Policies 2.3.1 and 2.3.2 seek to reduce stormwater runoff by lowering the volume of impervious surface coverage through minimization of impacts to existing tree cover, and the preservation and/or installation of a compatible understory that maintains natural hydrologic regimes controls soil and erosion. Policy 2.3.4 also calls for the City to enforce site design and landscape requirements to reduce environmental impacts of impervious surfaces such as increased stormwater runoff. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE18 Chapter 18.380:Zoning Map and Text Amendments Chapter 1.8.380.020 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 18.309.06OG Findings: The 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. STAFF REPORT TO THE CITY COUNCIL CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 17 OF 19 Exhibit "A" Chapter 18.390: Decision-Making Procedures Chapter 18.390.030 Description of Decision-Making Procedures BA. Type 11' 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. l"intijngs: 'i Fir arnendmenl, to the Tigard Crrntprchcn,ive Pk II urrr rrvicwed unrirr flu• l rpe Il procedure a= detailed in ~tett( ri 18.390.06tl.G. In accordance with this ectirat, dic arilcndn1cnt «a� initially considered bv the Planning Cc,tntxtission Nv(1) Circ. Council m,tl ing tilt• final cicci,inn. 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 in the Findings and conelu,iuns that address applicable Statewide 1'Lrinin�, Goals, Regional I"Unetinnal Plan Titles_ Tigard Comprehensive flan pollcics. and Tigard implcmenting ordinances, the amendment is consistent with t111s criterion. CONCLUSION: Based on the anah•sis above, Council finds that the proposed micndmcnts salist z the applicable review criteria %within the Tigard Community Devcloprnenr Code. SECTION VI. CONCLUSION The proposed changes comply with the applicable Statc%vide Planning Gr)als. Metro rcgulati(�ns. the Tigard Comprehensive Plan, and applicable prevision= of the City's implementing ordinance Therefure, staff recommends Council readopt the Comprehensive Plan Amendment. a, previously approved by Council on )une 3, 11118 in Ordinance (18-08, subject tri the rc ised findings and cmiclusions contained to this staff report. ATTACHMENTS TO THE STAFF REPORT: ATTACHMENT 1: Comprehensive Plan Amendment pertaining to Tigard's Urban Forest, previously adopted under Ordinance 08-08 ATTACHMENT 2: Letter from DLCD to Tigard Staff; December 16, 2008. ATTACHMENT 3: Urban Forestry Annotated Bibliography ATTACHMENT 4: Old Comprehensive Policies Removed by Ordinance 08-07 and 08-13 ttl� L. , 2010 PRL-P- BY- John Flovd DATE lssociate Planner X1.111 IZIiP()]t1­ltl"I'III{(11TY COUNCIL (.1'120og_lvk)03ti1.11I•.1C1I)I•.P1.A\NING(MAL'_ I'. GII.Is(T 19 Exhibit "A" -7T:cZ& -1 ],Iz-(-TvI=D BY: Ron BLIIICI—I VIT Coml-111111;11• Dcvul[)pmcrli DII,cct(II, 51'%FF RFMIRT TO"ll H-'(:]'ll'(;OL'`(:I I. CIIA 2W9-fV102 ST I)F PLANXlNG(;()AL 2 IIA(;1: 19 )1. 19 m LAND USE PLANNING Attachment 1 Section 2: Tigard's Urban Forest A defining community feature of Tigard is its trees and the urban forest they create. Unlike natural forests or managed timberland,Tigard's urban forest is a mosaic of native forest remnants and planted landscape elements interspersed with buildings,roads and other elements of the urban environment. The protection,management, and enhancement of this resource is important not only for Tigard's aesthetic identify and sense of place, but for the social, ecolog- ical,and economic services it provides to the community. Trees and other types of vegetation are integral to the quality of Tigard's aesthetic, economic, and natural environments. Plants provide variation in color, texture,line and form that softens the hard geometry of the built environment. They also enhance the public and private realm through the provision of shade from the sun and wind,providing habitat for birds and wildlife, enhancing community attractiveness and investment,improving water quality and soil stability,and promoting human health and well-being. Tigard's trees and native plant communities have experienced significant disrup- tion and displacement, first by agriculture and logging in the 19th century,and by increasingly dense urban development in the 20th Century. Competition from introduced invasive species such as English ivy,reed canary grass,and Himalayan blackberries has made it difficult for remaining native plant communities to thrive. However, remnant stands of native tree and associated plant commu- nities still remain within the City Limits. Trees are important members and contributors to natural resource systems including upland habitat areas and plant communities, and functioning riparian corridors including the Tualatin River, Fanno Creek and its tributaries,and their adjacent flood plains and wetlands. In addition to remnants of the native forest,Tigard possesses a large number of 2-10 City of Tigard I Comprehensive Plan Attachment 1 LAND USE PLANNING mature and outstanding specimens of native and non-native trees planted when the area was rural country-side in the late 19th and early 20th centuries. Aerial photos demonstrate that increasingly more trees were planted on both public and private property during a period of large lot residential subdivision develop- ment from the late 1940's through the 1970's,many of which survive to this day. Community attitude surveys reveal that Tigard Citizens place high value on the protection of trees and are concerned about the impact of development upon existing tree resources. Community surveys conducted in 2004 and 2006 show that residents value their neighborhood as a suburban retreat,a place that allows for views of trees and other natural areas. The 2006 Community Attitudes Survey found"the protection of trees and natural resource areas" as rating the highest of all"livability" characteristics posed to the respondents, scoring 8.4 out of 10 points. Preservation of trees and other natural resources scored higher on resident's livability index than neighborhood traffic (8.2),maintaining existing lot sizes (7.8),pedestrian and bike paths (7.7), and compatibility between existing and new development(7.6). A follow-up question contained in the 2007 survey revealed that 84% of Tigard Residents supported regulations to protect existing trees,with only 6% strongly disagreeing and 9% somewhat disagreeing In addition, 90% of Tigard residents thought the City should take the Iead in preserving open space. These values are also shared by residents of adjoining jurisdictions who maintain, or have begun significant updates to, their tree protection ordinances. The City of Tigard has been a Tree City,USA since 2001 because of aggres- sive programs to plant trees on public property. In partnership with Clean Water Services, the City of Tigard is in the early stages of a series of stream restoration and enhancement projects intended to improve water quality, reduce erosion, and provide shade, structure and food sources to fish and other wildlife. Projects currently underway within the City's floodplains and riparian areas will result in the planting of approximately 100,000 native trees over a 10 year period (Fiscal Years 2001-2011). Through volunteer projects, cooperative efforts with non-profits,contract services,and the labor of Public Works crews,thousands of young trees are annually planted on public property. Not including restoration projects, the City's Public Works Department annually plants approximately 250 new or replacement trees on public lands, distributes approximately 50 street trees each year to private property owners through the Street Tree Program, and plants an addition 25 trees in celebration of arbor day. Comprehensive Plan I City of Tigard 241 Attachment 1 II ® LAND USE PLANNING Native species are given preference and are regularly planted along trails,riparian areas,and in new park and green space areas. The objective is to increase the total number of trees, particularly in areas where summer shade is desired such as picnic areas and next to sidewalks. Money is budgeted each year to maintain new trees being established and to remove hazard trees located on public property. As more public property is added and trees grow older, the number of hazard trees pruned or removed each year will continue to grow. The level of new tree planting is limited by the maintenance capacity of City work crews. Conditions and circumstances have significantly changed since the adoption of Tigard's Comprehensive flan in 1983. Rapid urban development has resulted in a general perception that the City has experienced a significant loss of tree canopy, and other vegetation essential for wildlife habitat, erosion control, slope stability,water quality,air-quality, and community aesthetics. Driving this perception are METRO land use regulations, failed annexation efforts and changing market conditions resulting in higher density development than was anticipated in 1983, further challenging the City to protect trees and canopy cover while accommodating new development. Additionally, the City does not currently have a comprehensive tree management and urban forest enhancement program to address these issues in a unified and consistent manner. As a result there is general feeling among residents, developers, and other stakeholders that the existing regulatory structure is not adequate and hinders both the strategic protection of trees and the orderly urbanization of the City. The City has historically relied upon its Development Code to manage and protect trees on private property,particularly heritage trees and those located within steep slopes,wetlands,and other sensitive lands. Existing regulations require new development to protect and/or replace existing trees wherever possible, to pay into a mitigation fund when trees are removed,and to plant new street trees and landscape trees as part of all new construction. In addition, trees within vegetated corridors surrounding wetlands,riparian corridors, and other natural bodies of water are also protected by Clean Water Services as part of their stormwater management program.These regulatory structures do not recognize or protect existing trees outside of those areas,and offer little protec- tion unless a development action is pending,or prior conditions of develop- ment approval designated the affected tree(s) for future protection. As a result, the existing regulatory structure does not encompass a significant number of trees across the city,which may be removed by the property owner without City consultation or permit. Additionally,because the City does not have a compre- 2-92 City of Tigard I Comprehensive Plan Attaclunent 1 LAND USE PLANNING hensive tree removal consultation or permit system, protected trees (such as street trees) have been removed despite existing regulations or restrictions in force. KEY FINDINGS. ■ A defining community feature is Tigard's urban forest,a mosaic of native forest remnants and planted landscape elements interspersed throughout the City. ■ This urban forest provides social,economic, and ecological services that create public and private value to residents, businesses,and visitors. • Mature and well-managed trees provide the maximum public benefits. • The City continues to allocate staff and resources to tree planting, tree main- tenance,and outreach activities. Additionally, new development is required to install street trees,landscape trees, and trees for mitigation purposes. ■ The existing urban forest continues to experience significant disruption and displacement through the conversion of land to more intense urban land uses and competition from invasive species. ■ Existing tree regulations are dispersed throughout the code;applied by multiple divisions in a non-unified and inconsistent manner;and sometimes conflicting between different code sections. ■ The City does not presently have a comprehensive and unified process to monitor tree removal and enforce existing tree protections outside of devel- opment permit review. Furthermore,landowners are not always aware of regulatory protections applicable to their property or street trees adjacent to their property. ■ Community attitude surveys reveal that Tigard residents place high value on the protection of trees within the community, that they are concerned about the impact of development upon existing tree resources,and are strongly in favor of a regulatory structure that would protect additional trees. GOAL: 2.2 To enlarge,improve and sustain a diverse urban forest to maximize the economic, ecological, and social benefits of trees. POLICIES: 1. The City shall maintain and periodically update policies, regulations and standards to inventory,manage,preserve,mitigate the loss of,and Comprehensive Plan I City of Tig:ud 2-13 04% LAND USE PLANNING Attaclunent 1 enhance the community's tree and vegetation resources to promote their environmental, aesthetic and econornic benefits. 2. The City's various codes, regulations,standards and programs relating to landscaping, site development,mitigation,and tree management shall be consistent with,and supportive of, one another; administration and enforcement shall be regulated and coordinated by the variously impacted departments. 3. The City shall continue to regulate the removal of trees,within environ- mentally sensitive lands and on lands subject to natural hazards. 4. The City shall ensure that street design and land use standards provide ample room for the planting of trees and other vegetation,including the use of flexible and incentive based development standards. 5. The City shall require the replacement and/or installation of new street trees,unless demonstrated infeasible,on all new roads or road enhance- ment projects. Trees should be planted within planter strips,or at the back of sidewalks if planter strips are not feasible or would prohibit the preservation of existing trees. G. The City shall establish and enforce regulations to protect the public's investment in trees and vegetation located in parks,within right-of-ways, and on other public lands and easements. 7. The City shall conduct an ongoing tree and urban forest enhancement program to improve the aesthetic experience,environmental quality,and economic value of Tigard's streets and neighborhoods. 8. The City shall continue to maintain and periodically update approved tree lists for specific applications and site conditions, such as street trees, parking lot trees, and trees for wetland and riparian areas. 9. The City shall discourage the use or retention of invasive trees and other plants through the development review process. 10. The City shall require the appropriate use of trees and other vegetation as buffering and screening between incompatible uses. 11. The City shall develop and implement a citywide Urban Forestry 2-14 City of Tigard I Comprehensive Plan Attachment 1 a LAND USE PLANNING Management Master Plan. RECOMMENDED ACTION MEASURES: i. Develop and implement a comprehensive, coordinated update and enhancement of all tree related regulations, standards,programs, and plans. H. Develop and implement an inspection and enforcement program that will ensure ongoing maintenance of trees and other vegeta- tion required by development approval,with particular attention to challenges introduced by the change of o-vnersh p of affected properties. iii. Develop and implement an inspection and enforcement program that will ensure non-development related tree management and removal complies with the City's tree protection ordinances such as heritage trees, street trees,and trees on sensitive lands. iv. Inventory and evaluate street tree,parking lot and landscape area plantings that have failed to thrive,and determine if site conditions or management practices can be modified, and/or if trees can be planted elsewhere in order to satisfy conditions of development approval or provide the benefits expected of the original planting. u Develop and maintain,as part of the City's GIS and permit systems, a publicly accessible inventory of tree plantings,permitted removals, and the state of the City's urban forest. vi. Develop and distribute educational materials and programs regarding City policies, regulations, and good arboricultural practices for the general public,developers and city staff regarding tree planting, maintenance,and protection. Materials should be published in both paper and electronic media and in multiple languages. Particular focus should be given to new property owners who may be unfa- miliar with the City's regulations and development related restrictions affecting their property. vii. Encourage and promote the removal of nuisance/invasive plants, Comprehensive Plan I City of Tigard 245 04, LAND USE PLANNING Attachment 1 and the installation of trees and vegetation that are low maintenance, drought tolerant, site appropriate,and require minimal chemical applications. Strategies could include the production and distribu- tion of approved tree lists to area nurseries,landscaping companies, libraries and similar businesses and public resources. viii.Utilize approved tree and plant lists that emphasize long lived evergreens,broad-spreading deciduous varieties, and native species, but allow flexibility to choose a wide variety of species that are proven suitable for local climate conditions and for specific uses and locations. ix. Encourage efforts by community groups and neighborhoods to plant trees and undertake other projects, such as restoration of wetlands and stream corridors. x. Maintain a list of invasive plants, discourage the sale and propaga- tion of these plant materials witlun the City, promote their removal, and prevent their reestablishment or expansion. GOAL: 2.3 To balance the diverse and changing needs of the City through well- designed urban development that minimizes the loss of existing trees to create a living legacy for future generations. POLICIES: 1. The City shall develop and implement standards and procedures designed to minimize the reduction of existing tree cover,with priority given to native trees and non-native varietals that are long lived and/or provide a broad canopy spread. 2. In prescribing the mitigation of the impacts of development, the City shall give priority to the protection of existing trees,taking into consid- eration the related financial impact of mitigation. 3. The City shall develop policies and procedures designed to protect trees,including root systems, selected for preservation during land 2_16 City of Tigard I Comprehensive Plan Attachment 1 LAND USE PLANNING development. 4. The City shall address public safety concerns by ensuring ways to prevent and resolve verified tree related hazards in a timely manner. 5. The City shall develop and enforce site design and landscape require- ments to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation. G. The City shall,in order to preserve existing trees and ensure new trees will thrive, allow and encourage flexibility in site design through all aspects of development review. 7. The City shall require all development,including City projects, to prepare and implement a tree preservation and landscaping plan,with the chosen trees and other plant materials appropriate for site conditions. 8. The City shall continue to cooperate with property owners, businesses, other jurisdictions, agencies,utilities, and non-governmental entities to manage and preserve street trees,wetlands,stream corridors, riparian areas, tree groves, specimen and heritage trees,and other vegetation. 9. The City shall require,as appropriate, tree preservation strategies that prioritize the retention of trees in cohesive and viable stands and groves instead of isolated specimens. 10. Applications for tree removal and tree management pians shall be reviewed by a certified arborist employed or under contract to the City. 11. The City shall recognize the rights of individuals to manage their resi- dential landscapes. RECOMMENDED ACTION MEASURES: i. Develop and implement regulations, standards, and incentives to encourage developers to transfer density, seek variances and adjust- ments necessary to preserve trees and natural open space in a manner that optimizes tree preservation and protection. Comprehensive Plan I City of Tigard 2-17 0;% LAND LH1V D U5E PLANNING Attachment 1 A. Develop tree-mitigation regulations and standards to guide the City in assessing fees or compelling compensatory action resulting from violation of its tree protection standards and/or conditions of devel- opment approval. Consideration shall be given to off-site mitigation on both public and private lands, and the maintenance of a publicly accessible registry of mitigation sites both historical and potential. iii. Conduct surveys,workshops, and/or other public outreach strategies to identify and implement an appropriate strategy and form for tree protection regulations outside of the development review process. iv. Encourage other jurisdictions operating within and adjacent to Tigard to prepare and implement a tree preservation and landscaping plan as part of all development and infrastructure projects. u Develop standards and procedures to identify and abate tree related hazards on both public and private property.. 2-18 City of Tigard I Comprehensive Plan Attaciuiient 2 -- ° `a IJregon Department of Land Conservation and Development 800 NE Oregon Street M/S 18,Suite 1145 Portlaird,Oregon 97232-2162 T� 'Theodore R.Kulongoski,Governor�. Phone: (503) 731-4065 Fax: (503)731-4068 Web Address:http://iv,�i%lcd.state.or.us n ' December 16, 2008 John Floyd Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 Dear John, In your November 12,2008 letter you asked for some guidance from the Department of Land Conservation and Development on the relationship of new language added to Tigard's Comprehensive Pian that supports the preservation of trees within the city. The stated purpose of the policies is to protect and preserve air and water quality,in addition to serving other local objectives. With regard to establishing policies to protect and encourage the growth of trees within the city, although there may be some shared objectives, there is not necessarily a direct link between such a policy and Goal 5. As you mention in your letter there are other Goals that are supported by policies that promote an urban tree canopy. You are correct that the applicability requirement for Oregon Administrative Rule(OAR)660-023-0250 is very specific; it states: (3)Local governments are not required to apply Goal 5 in consideration of a PAPA [post-acknowledgment plan amendment] unless the PAPA affects a Goal 5 resource.For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a)The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal.5; (b)The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list;or (c)The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact arm.of such a site, is included in the amended UGB area. The overlap with Goal 5 process requirements can occur when inventories and implementing ordinances are adopted to protect trees. In general,protective measures that focus on individual trees like street trees are less likely to overlap with Goal 5 II' requirements, whereas approaches that identify and protect tree graves,particularly if i Attachment 2 December 16,200& John Floyd, City of Tigard Page two of two coincident with Goal 5 resources such as riparian areas and wetlands, are more likely to overlap with Goal 5 requirements. (See LUBA No. 95-041) The fact that Tigard has linked the new policies to Goal 6 creates another case for separation of the policies and resultant implementation from the process requirements of Goal 5. GAR 660-23-0240(1) states, (1) The requirements of Goal 5 do not apply to the adoption of measures required by Goals 6 and 7. However, to the extent that such measures exceed the requirements of Goals 6 or 7 and affect a Goal 5 resource site, the local government shall follow all applicable steps of the Goal 5 process. The requirements of Goal 6 are quite broad: "To maintain and improve the quality of air, water and land resources in the state."Findings based on scientific research that trees within an urban area serve to maintain and improve air and/or water quality should be sufficient to link local tree preservation strategies with Goal 6. The Portland Metro Title 3 program is an example of Goal 6 being used to establish requirements for or limits on development,without the application of the Goal 5 process. I hope that this information is helpful. I am available to further discuss any questions that may be raised by this letter. Please contact me by phone(971-673-0961) or e-mail arnanda. unton state.or.us . Sincerely, Amanda Punton Natural Resources Specialist cc: DLCD staff. Meg Fernekees, Regional Representative Rob Hallyburton,Planning Services Division Manager Attachment 3 - City of Tigard . Memorandum To: City Council From: Tim Lelv_bach, Planting Assistant Re: Urban Forestry Annotated Bibliography Date: May 17, 2010 Community Development staff has assembled the attached bibliography to document the diverse range of benefits and services provided by a healthy urban forest. The scholarly works cited have been compiled to inform and support the adoption of the Urban Forestry Comprehensive Plan Amendment (CPA200$-00002). Where the authors have made abstracts of their works available, these existing abstracts are included and are denoted by an asterisk (:':). For each of the other works, staff has composed an abstract. Attachment: Annotated Bibliography Annotated Bibliography Center for Urban Forest Research. (2003). Is All Your Rain Going Doren the Drain?USDA Forest Service,Pacific Southwest Research Station. 4 p. Urban trees can be a significant asset for the redrtction of stommater r imoff by Jetainrng rainwater and slolvlllg soil erosion.Air itrban forest of 10,000 trees hill reduce Jimoff by 10 million ga/Ions or more of hater eachyear. Large-crorvned trees lvlriclr are in-leaf coillcidirig rvith the mast precipitoits season, or are evergreens,provide the greatest belt ih Center for Urban Forest Research. (2006). I11Iy Sbade Streets?The Unexpected Benefit. USDA Forest Service,Pacific Southwest Research Station. 4 p. This reportpresents research oil the benefits of street trees for mad maintenance in Calforllia's Central Valley. Evaporation at high temperatures of the binder in asphalt increases the instance of]aJge cracks inpavement over time. Streets that are shaded by trees are less susceptible to this effect and require less fregttent maintenance. Shading streets can save between 17% (when small trees are used)and 58% (when large trees are Jtsed)on Jesufacing and repair costs versus unshaded streets. Effectiveness is highest Jvben!aJge, deep-Jnoted trees are selected, adequate soil volume is maintained, and trees are placed at least three feet from any pavoment. Donovan,G.H., &Butry,D. (2010). "Trees in the City:Valuing Street Trees in Portland, Oregon." Landscape and Urban Planning 9=1(2), 77-83. 'rponovan and Biag itse a bedonic price model to sininitaneously estimate the effects of street trees on the sales price and the time-on-mark=et(TOM) of houses in Portland, Oregon. Orl average, street trees add$8,870 to sales price and reduce TOM by 1.7 days In addition, the authors found that the benefits of street trees spill over to neighboring houses. Because the provision and maintenance of street trees in Portland is the responsibility of adjacentpropertoo omimr, their results suggest that if thepimision of street trees is left solely to homeolvners, then there will be too fere street trees from a societal per:rpective. Geiger,Jim. (2004). The Large TreeAigmnent. The Case for Large Trees vs. Siva#Trees. Center for Urban Forest Research,USDA Forest Service, Southern Center for Urban Forestry Research & Information. 8 p. Planting and maintaining as maty large-stature trees as possible is economicalyand environmentally pi efelable over the long rrar to planting and vraintaiiuJtg small-statute trees The article cites a comparison study of costs and benefits for-d ferentplans for vrunicipal treeplanting and vraintenance and pJnvides suggestions far marketing large-stature trees to communities. McPherson, E.G.,Maco, S.E., Simpson,J.R.,Peper,P.J.,Xiao, Q.,VanDerZnnden,A.M., &Bell,N. (2002). Vestent 117ashington and Oregon Community Tree Guide.Benefits, Costs and Strategic Planting. Center for Urban Forest Research, USDA Forest Service,Pacific Southwest Research Station, pp. 5-12, 17-22. Decisions about investments in community bees depend on caJ7ecty calcrtlating the costs and benefits ofplanting and i31QIJItalnrilg trees in comnwniy spaces:•yarrlr,parks, and street locations. The Tree Gude describes studies calcrrlatiq the economic benefits of trees to eneig conservation, air cooling,pollutant and runoff reduction, street 1 shading, and land value, as well as studies calculating the costs of planning,pninin , and reniov1rlg trees, irrigation,pest and disease control, infrastnecture repair, cleanup, liability, and adrrainistration. Net benefits or- costs m e calculated by weighing the benefits ver:rus costs at fora•different scale.-Marcel, neighborhood, co1Js»urnity, andg/obal lhen sunwii lg the resulls. The sr roved results reveal net benefits exceeding net costs far all large trees, all nrediuxl residential gees, and all small trees opposite west-facing halls. McPherson,E. G., &Muchnick,J. (2005). "Effects of Street Tree Shade on Asphalt Concrete Pavement Performance."Arboricullure & Urban Forest y 31(6), 303-310. *For y-eiglJt sheet segruents here paired into 24 high and low-shade pair.-in Modesto, California, U.S. Field data rver'e collected to calculate a Pavement Condition Index(PCI)and Tree Shade Index(TSI)for•each segment. Statistical analyses found that greater PCI)vas associated with greater TSI, indicating that tree shade oras partially responsible for reduced pavement fatigue cracking, netting, slJovang, and other distress. Using obsetwed relations between PCI and TSI, an unshaded street setient required 6 slury seals over 30years, while an identical one planted will) 12 crape nyrdes(JA ger3troernia indica, 4.4 m X14 ft]crown dia»>eler)required 5 slur7y seals, and one wit1J 6 Chinese backbeny(Cellis sinensis, 13.7 iw(45 ft]cro)vn diameter)required 2.5 slur7y seals. Sbade f om the large backbenies was projected to save$7.131 ant (, 0.661 f12)over the 30:year period compared to the unshaded street. McPherson,E.G.,Simpson,J.R.,Peper,PJ., Maco, S.E.,&Xiao, Q.(2005). "Municipal Forest Benefits and Costs in Five US Cities."faunal ofForesty, 103(8), 411-416. :':Increasingly, do gees are viewed as a best wanagenlent practice to control stonurvater; an urban-Deal-island mitigation measure for cleaner air, a CO2-redaction option to offset emissions, and an alternative to costly new electric porverplarrts. lUleasruing benefits that accrue f viv the community forest is the farm step to altering forest str7ectu)e in ways that will enhance future benefits. Tlais article describes the structure,f archon, and value of street and park tree populations in Fort Collins, Colorado;Clrcyenne, Il/yonung;Bismarck,North Dakota;Berkeley, California;and Glendale,Arizona.Altbough these cities spent x'13— 65 annually per•tree, benefits ranged froaar S31 to$89per tree. For eveg dollar invested in management, benefits r-etunled annually ranged fr oaar$1.37 to $3,09. Strategies each do can take to increase net benefits are presented Nowak,David J. The Effects of Urban Trees on Air Quality. USDA Forest Service,Northeastern Research Station. 4 p. Urban vegetation directly and inAertyalters local and regional air duality in fourprincipal ways. Urban vegetation can reduce air temperature and ffect other changes in local xweorology. Trees rexaove pollulants f viv the atrlZOspIJETe bolJJ temporary by Zlrle)'Cepttrlg dt1 borlle pAltlCles acrd pel7ltallelrty through leaf r puke. Trees emit volatile organic compounds(VOCs)and may result in tlJe ewission of additional VOCs from tree xlaintenance,yet can reduce overall VOC emissions by lowering air temperatarres and absorbing evaporatir>e ernissionr Appropriately placed, :naturae trees redrree building energy use, while inapraperly sited trees uxay increase building energy use. The combinedects suggest that araban forest rJlanagexleut strategies should promote planting and sustaining Large, long-lived, and Iorv-maintenance trees in erreagy-conserving and pollueliorr-reducing locations. Sullivan,W.C.,Kuo, F.E., &DePooter, S.F. (2004). "The Fruit of Urban Nature:Vital Neighborhood Spaces."Environment and Behavior 36(5) 678-700. :f Ilfbat makes a neighborhood space vital?Tbis article explores the possibiliy that the presence of trees andgrass 2 Wray be one of tlJe kg Comporlerrts Of vital r1eiSIlGOrIJ00d(paces. The authors report on 758 observations of individuals in 59 outdoor comruon spaces in a residential developnred. Twenty-seven of the neighborhood comrllon spaces!vete relativey green, whereas 32 mere relatively barrel!. results indicate that the presence of trees and grass is related to the use of outdoor spaces, the amount of social activity that takesplace within there, and Ibe preporl1on of social to nonsocial activities thy support: The findings rnrprove and broaden oun-rrnderstanding of tJJe pJysrcQl cIJQrCIG'te77.ftICs tIJQt Zr flrrerlce social contact anrolJg rrelghbors and p1'ovide evidence that nature ploys an haporlant role in creating vital neighborhood spaces. Wolf, Kathleen L. (2007). "City Trees and Property Values."f-Irboiisl Nems 16(4), 34-36. Al/forivs of urban uatrrre—parks,greerrGelts, open space, street trees, etc:—aye puGlu',g oods m 1 5 pr-ovide a range of benefits and senlices to socieO. For policy and investment decisions, whether public or-private, economic valuation is pararuount. Ecouorrric decision-making centered on productive use and hard cost can obscure incentives to invest 1n arban natinw. The benefits of urban natrne can be represented econorntcaly lls111g lJedorllG'pT1c111g and nonmarket valuation. Utrll.Zing these methods canyield evidence int favor of inveslivent in urban nature by reveallrlg nonexcludable bet!f is for all members within a cownwnity' and added value to pr'operdres 1vith trees, Wolf,Kathleen L. (2005). "Civic Nature Valuation: Assessments of Human Functioning and Well- Being in Cities."Forging Sobitions:Applying Ecological Economics to Cunerrt Problems, Proceedings of the 3'Biennial Cor fereuce of the U.S Society for Ecological Econowihs. Tacoma,WA: Earth Economics. 6 p. *Civic nature is the collective `constructed natrne"of cities and can include parks, open spaces and urban forests, onpublic orprivate lands. TIJe existence and quality of civic nature is dependent on comprehensiveplanning and management. Civic nature advocates are called upon to frtstify the public costs of awenities that are often perceived as IJaving onjaesthefic value. Urban nature provides multiple valnable services, and economic valuation of smell ser rices has been initiated Valuation of the hrtnran services provided by vi ban trees and open.space—plysical health, mental IJealth and frn1ct10111r1g, community' health and safety-is another opportrruiy for resex-eb and dialog aboltt natrne-based publicgoods. Wolf,Kathleen L. (1995). Human Dirvensions of the Urban Forest, Fact Sheet 1 - Urban Natlne Ben fts.• PsyclJo-Social Dimensions of People and Plants Center for Urban Horticulture, University of Washington, College of Forest Resources. 2 P. Urban tr ees are associated with vmious positive eects on eve yday moods, activities, and emotional health. Exposure to nature beos us recover f om cognitive fatigue. Views of and proximity to natrn e in the rvarkplace are correlated withgreater enthusiasm and patience for work and increased satisfaction. Green views(ons the home pray be associated with reduced domestic con flit. IFell-tended landscapes redrtce stress and fear of violence in neighborhoods, on the road, and at school- These and other examples add to the list of environmental reasons to grow more urban plants. Wolf,Kathleen L. (1998). Human Dimensions of the Urban Forest, Fact Sheet 2-Growing with Green: Business Districts and the Urban Forest. Center for Urban Horticulture,University of Washington, College of Forest Resources. 2 p. The fact sheet presents a survey ofperceptions of urban trees avrong business interests hwinding owners, contractors, realtors, and business association staff. Trees present opportunities to waxinrhv profits when they create a positive mood and distinct visual identity forpatrons to a business. Trees indicate attention to customer service outside the 3 malls of fire business. Concerns about urban tiees outside of businesses include reduced visibility for safety and security, engineering and debris impacts, and loss of functional space.Acknowledging these costs Reps i11foJ111 decisioJJs ou plarrtiug and maintaining the right trees in the right places. Wolf, Kathleen L. (1998). Human Dimensions of the Urban Forest, Fact Sheet 3 - Urban Forest Values. Economic Benefits of Trees in Cities. Center for Urban Horticulture, University of Washington, College of Forest Resources. 2 p. The fact sheet introduces a selection of economic benefits of urban trees. StiateSir planthi and Cale enhances the 1!r'GQ11 11 f astrirctnre by ledircing heating and cooling costs, cleansing the air, and improving Later quaky. Trees and IaJldScaplrlg attract Customers to retail and commercial emiri7rlmonts and are associated with higher ConlllJel'GJQ1lQ]Id parries and hi gher co1J mer tial occiCpang rates. Residential property values, too, are increased by planting and reladlullg lives. Wolf, Kathleen L. (2003). "Social Aspects of Urban Forestry: Public Response to the Urban Forest in Inner-City Business Districts."Journal ofArboiiadlure,29(3), 117-126. *Revitall.slrtion programs ale underway in Maly inner-city business districts.AJJ ri)-baiz fo;eslg p7vgia111 can be an Z)JSpOttallt C1e1J1e11t 111 cleatlJlg an appealiqu consumer el ph-onarent,yet It May not be considered A piZorryglven that there are often malt'plysical improvements needs. This research evaluated the role of trees in CO11SIl171e7le11v11nIl1Jlelrt interactions,fOG'TrJZllg on the disliicllvlde priblicgoods pivp ded by the ColmmrnZy forest.A JlatloJlal Sflrvy erlalrrated p!lGllCperCeptZollS,patrvrlage behavior intentions, and product ivlllinguess to pay in relationship to varied presence of trees in retail streetscapes. Results suggest that consumer behavior is positivey correlated!pill)streetseapegreeniij or!all of these cognitive and behavioral dimensions. Research ontcawes also CStaG115IJ Q Gas1s forpallJleiSlJlps TvltlJ G1rsZllesS ConI11111J1ZlZCS regal Cltlrg 1lTGa11 forest p1A71rlIJtg and nIQ1JQge1JleIll. Wolf,Kathleen L. (2005). Trees Are Good for Business. Urban Forest Planning Glridelines for Business Associations. Presentation,Pacific Northwest Chapter of the International Society of Arboriculture. 12 p. Thispresentatton sawmar7.Zes the results of suirgs of businesspati-wis and research in alar keltllg and consumer behavior reCtl111111CJ1dtJlg that trees be ulEll.Zed to Creale positive cuslowei ekfler ences. Trees are cites of caring and 9lralro and are COJ7elatCd 1p1tJJ n10Te fiegrrent and longer visits to businesses,greater millingness to travel farther aril pay+for'parl2l71g and increased SpelldlJlg Rgolldellts to sl irgs preferred visiting sites with trees to those ivilhout lives, and positive reaction increased with live side. Wolf, Kathleen L. (2005). "Trees in the Small City Retail Business District: Comparing Resident and Visitor Perceptions."Jolnwal of Foresly 103(8), 390-395. *Many szlrall cities and towns are located near resolrice lands, and their central business districts setwe both residents and visitors. Such quasi-na-al irlall center)face cmpelitive challengesfr'om regional shopping Malls, onlinepurchasing and big box discolint ielallers. District merchants imist slJllteglG'Qly enhance their mar kel ptlsltttlrl to prevent O1rlSl70pplJlg. Streetscape t]'eeS are AplyslCQl1111pTtlrJelJlellt that Carl be Used to QttJ'QCl and welcome consltmers.A national survey evaluated public perceptions,patronage belJavtor intentions, and prnduel willingness-to pay in relationship to depictions of flees in retail settings Results suggest that constimer behavior is posilimyassociated rvith the urban forest on mulliple cognitive and behavioral dimensions. Forest azuenities of boll)wildland and built environments can be used to strenglben local economies 4 Wolf,Kathleen L. (2004). Trees, Parking, and Green Lam Stiategiesfor•Sustainabiliy. Stone Mountain, GA: Georgia Forestry Commission, Urban and Community Forestry,pp. 8-14. A critical and frequently overlooked aspect of working toward suslainabilityg0als in collimunrtres is responding to I&impact of paved areas, especially parking lots, on t1Je natural environillent Tbis report desclAes scientific resEQ1 G1J on the effects Df pQrktTlg lots and offers StiZ7tegZCS for ZZllproUlrJg a convmuniZt 's envirbniuental peifol%ZZQilce Jvitb respect to automoGile parking. Such strategies mill address beat island effects, air quality, storivmater runoff, and economic impacts A multi faceted apps oacb to miligatilig the impact of paved parking areas mill employ creative policy statements and innovative code language to promote vegetation planting, retention, and maintenance, reshid parking lotgeomety, and eillpbashtie smart design. 5 Attachment 4 Policies Removed by Ordinance 08-07 Topic 1: General Policies Policy 1.1.1 THE CITY SHALL ENSURE THAT: a. THIS COMPREHENSIVE PLAN AND ALL FUTURE LEGISLATIVE CHANGES ARE CONSISTENT WITH THE STATEWIDE PLANNING GOALS ADOPTED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, THE REGIONAL PLAN ADOPTED BY THE METROPOLITAN SERVICE DISTRICT; b. ANY NEIGHBORHOOD PLANNING ORGANIZATION PLANS AND IMPLEMENTATION MEASURES ADOPTED BY THE CITY OF TIGARD AFTER THE EFFECTIVE DATE OF THIS COMPREHENSIVE PLAN ARE DESIGNED TO BE CONSISTENT WITH THIS PLAN;AND C. THE TIGARD COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE ARE KEPT CURRENT WITH THE NEEDS OF THE COMMUNITY. IN ORDER TO DO THIS: 1. THIS PLAN SHALL BE REVIEWED AND UPDATED AT LEAST EVERY FIVE YEARS. Findings: The proposed comprehensive plan amendment will continue to ensure the City is in compliance with applicable statewide lazy, plans, and programs, and responds to current community needs and values. Further detail can be found findings regarding applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies, and the City of Tigard Development Code. Neighborhood Planning Organizations are no longer a part of the City's land use program. Policy 1.1.2 THE COMPREHENSIVE PLAN AND EACH OF ITS ELEMENTS SHALL BE OPENED FOR AMENDMENTS THAT CONSIDER COMPLIANCE WITH THE PLANS OF THE METROPOLITAN SERVICE DISTRICT (MSD) OR ITS SUCCESSOR ON AN ANNUAL BASIS, AND MAY BE SO AMENDED OR REVISED IF DEEMED NECESSARY BY THE CITY COUNCIL. ANNUAL AMENDMENT AND REVISION FOR COMPLIANCE WITH THE ABOVE REGIONAL GOALS, OBJECTIVES AND PLANS SHALL BE CONSISTENT WITH ANY SCHEDULE FOR RE-OPENING OF LOCAL PLANS APPROVED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION (LCDC). THIS PROVISION IS NOT TO BE CONSTRUED AS WAIVING ANY Attachment 4 LEGAL RIGHTS WHICH THE CITY MAY HAVE TO CHALLENGE THE LEGALITY OF A REGIONAL GOAL, OBJECTIVE, OR PLAN PROVISION. Flildings: Tills update will ensure the City continues to remain in compliance with applicable la-,vs, rules, regulations, plans, and progr,,uns of Metro. Please refer to findings made in reference to applicable Metro Regulations. Policies Removed by Ordinance 08-13 Topic 3: Natural Features and Open Space Policy 3.4.2 THE CITY SHALL: a. PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM CORRIDORS BY MANAGING THE RIPARIAN HABITAT AND CONTROLLING EROSION, AND BY REQUIRING THAT AREAS OF STANDING TREES AND NATURAL VEGETATION ALONG NATURAL DRAINAGE COURSES AND WATERWAYS BE MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE; b. REQUIRE THAT DEVELOPMENT PROPOSALS IN DESIGNATED TIMBERED OR TREE AREAS BE REVIEWED THROUGH THE PLANNED DEVELOPMENT PROCESS TO MINIMIZE THE NUMBER OF TREES REMOVED;AND C. REQUIRE CLUSTER TYPE DEVELOPMENT IN AREAS HAVING IMPORTANT WILDLIFE HABITAT VALUE AS DELINEATED ON THE "FISH AND WILDLIFE HABITAT MAP" ON FILE AT THE CITY. d. ADDRESS GOAL 5 RULE REQUIREMENTS PERTAINING TO THE PRESERVATION OF WETLANDS ONCE ADEQUATE INFORMATION ON THE LOCATION, QUALITY, AND QUANTITY OF WETLAND SITES IS OBTAINED. THIS GOAL 5 REVIEW WILL INCLUDE DETERMINING WHICH WETLAND SITES ARE ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT. CITIZENS WILL PARTICIPATE IN MAKING POLICY RECOMMENDATIONS FOR THE PROTECTION AND PRESERVATION OF THOSE WETLAND AREAS DESIGNATED AS SIGNIFICANT. THE CITY SHALL COMPLETE ITS GOAL 5 REVIEW OF WETLAND AREAS BEFORE THE CITY'S NEXT PERIODIC REVIEW, BUT NO LATER THAN DECEMBER 23, 1996. Findings: Tigard's interest in the adoption of thus Comprehensive Plan Amendment spans the full range of services and values that trees provide such as air and water quality, economic development, reduction of the urban heat island effect, carbon sequestration, aesthetic enhancement, and increased livability and human health. While this broad range of services and shared goals may at times overlap with the narrower natural resource related objectives of Statewide Planning Goal 5 and the Tigard Comprehensive Plan Goal and Policies listed above, any overlap is significantly outweighed by the preponderance of other values and services that trees can provide to the community, the promotion of which is the Attachment 4 purpose of the Urban Forest Policy. however, this does not eliminate the natural resource value of policies that seely to maintain a healthy urban forest. To the extent to which the Urban Forest Policy affects the above natural resource policies, it is consistent with each. As discussed in the finding made for Statewide Planning Goal 5, the proposed amendment does not alter the City's acknowledged Goal 5 inventories or land use programs, as it consist of a new chapter of the Comprehensive PIan. Due to the aspirational and descriptive function of the policies contained therein, no changes will occur to current Natural Resource protections by adoption of the Urban Forest Policy. If and when the goals and policies contained in the Urban Forest Policy are implemented through future amendment(s) to the Tigard Development Code and associated inventories, any and all Goal 5 requirements that are triggered by such amendment will be complied with. Should the proposed urban forestry policies trigger any Statewide Planing Goal 5 requirements at the time of implementation, such as the expansion of acknowledged resource inventories, the city would require consistency with the natural resource goals and policies of the Tigard Comprehensive Plan.