Resolution No. 91-41 -
CITY OF TIGARD, OREGON
RESOLUTION NO. 91-`'
A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS OF THE PERIODIC REVIEW ORDER
CONCERNING THE STATUS OF TIGARD'S COMPREHENSIVE PLAN AND
CODE COHMUNITX. DbVELOPMENT
WHEREAS, the City of Tigard has reviewed its Comprehensive Plan and community
development code as required by OAR 660-19; and
WHEREAS, on April 9, 1990, the Tigard City Council, by consensus, forwarded a
proposed Periodic review Order to the Department of Land Conservation and
no_elo ens; and --
WHEREAS, the City of Tigard has responded to all issues identified by the
Department of Land Conservation and Development in its periodic review notice to
the City; and
WHEREAS, the City Of Tigard has amended its Comprehensive Plan and Conununity
Development Code as necessary to comply with Periodic Review factors.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Council does hereby adopt the Periodic Review Final Order
as shown in exhibit -A".
Section 2: The City Council directs that the Periodic Review Final Order and
related Comprehensive Plan and Community Development Code amendments
be forwarded to the Director of the Department
and Development. o£ Land Conservation
PASSED: This - day of 1991 �-
ATTEST: Y `City Of Tigard
/,,_.
City Recorder-City of.Tigard
`... RESOLUTION NO. 91-//1
E IT
CITY OF TIGARD
PERIODIC REVIEW FINAL ORDER
INTRODUCTION
The State of Oregon, under ORS 197.640, requires the City of Tigard to review its
Comprehensive Plan and land use regulations periodically and make changes
necessary to keep the plan and regulations in compliance with statewide planning
goals and coordinated with plans and programs of state agencies. To accomplish
this, Tigard must adopt findings in the form of a local review order that
responds to four periodic review factors. This local review order pr- vides
findings and identifies amendments to thn City of Tigard's Comprehensive Plan and
Community Development Code in order to satisfy the periodic review requirements
of ORS 197.640 and OAR 660, Division 19, "Periodic Review".
BACKGROUND INFORMATION
The City of Tigard Comprehensive Plan and Community Development Code were adopted
by Ordinance 83-52 on November 9, 1983. The Plan and Code were subsequently
acknowledged by the Land Conservation and Development Commission (LCDC) as being
in compliance with statewide planning goals on October 11, 1984.
Tigard's Comprehensive Plan and Community Development Code can be open for
amendment twice yearly in April and October. Since acknowledgement, the City has
adopted several amendments. All adopted plan and code amendments have been
submitted to the Department of Land Conservation and Development (DLCD) as
q required under OAR 660-18-040 and the City assumes that all amendments are in
compilance with atatewide planning coals.
The City of Tigard began its periodic review upon receipt of the Periodic Review
Notice on May 4, 1989. In October, 1989, the City requested an extension to the
periodic review proposed order submittal date. DECD granted an extension to April
30, 1990.
Initial public meetings discussing periodic review were held with Neighborhood
Planning organizations on May 17, 1989, June 7,1989, June 12, 1989 and June 14,
1989. A workshop with the Tigard City Council and the Planning Commission was
held on February 19, 1990. On March 20, 1990 the Tigard Planning Commission
reviewed the proposed periodic review order and recommended that the City Council
forward it toDLCD as the City's response to the periodic review notice. On April
9, 1990 the Tigard City Council reviewed the proposed order and unanimously
agreed to forward it to DLCD.
The City has adopted several Community Development Code and Comprehensive Plan
amendments in order to bring the City into compliance with periodic review
factors. All amendments predicated by periodic review have been reviewed by.
appropriate citizen's organizations and processed according t+o procedures
identified in State Statutes and Tigard's Community Developm@nt Code.
Amendments to Tigard's Comprehensive Plan and Community Development Code have
been initiated that bring these documents into compliance with the findings of
the proposed periodic review order. These amendments are identified by ordinance
number in the final order and are indexed In their entirety in attachment "A
E
There are four factors under OAR 660-19-055 which must be addressed in the
Pe
review of Tigard's Comprehensive Plan and Community Development Code.
DLCD has identified several questions under the factors which must be addressed
at a minimum. The City's findings and conclusions on those factors are as
follows.
FACTOR ONE
SUBSTANTIAL CHANGE IN CIRCUMSTANCE$ E
There has been a substantial change in circumstances, including, but not limited
to, the conditions, findings, or assumptions upon which the comprehensive plan
or land use regulations were based so that the comprehensive plan or land use
regulations do not comply with the goals.
To determine whether the substantial change in circumstances factor does or does
not apply, the City of Tigard's review must contain findings on the following
subfactors.
A. Unanticipated Developments or Events
Major developments or events which have occurred that the acknowledged
plan did not assume or anticipate or major developments or events which
have not occurred that the acknowledged plan did assume or anticipate.
Local periodic review findings must describe any occurrences such as:
the construction of or decision not to build a large project like a
major reservoir, a regional shopping center, a major energy or
transportation facility; a significant change in the local government's
natural resource or economic base; significant unexpected population
growth; significant consecutive decline in population growth rate;
failure or inability to provide public facilities and services in
accordance with the plan, etc.
DLCD has identified two items which must be addressed under this category as
follows_
1. Evaluate the impacts on Tigard's short-term and long-term
development opportunities from the Federal Environmental Protection
Agency (EPA) / State Department of Environmental Quality (DEQ)
requirements to clean up the Tualatin River.
Findings
in December of 1986, the Northwest Environmental Defense center
filed a suit in the Federal District Court of Oregon against the
Administrator of the EPA to require him to ensure that total maximum
daily loads of.water quality limiting pollutants be established for
the lower Tualatin River as required by Section 303 of the 1972
Clean Water Act. The EPA has designated the DEQ as the agency to
implement water quality standards on the lower Tualatin River.
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The DEQ has determined that ammonia and phosphorus are water quality
limiting pollutants in the lower Tualatin River. These
manifest themselves as contributingto Pollutants
algae low oxygen and excessive
g growth respectively.
The primary source of excess ammonia in the Tualatin River is the
Unified Sewerage Agency's (USA's) Rock Creek sewage treatment
facility. The USA is constructed additional facilities
reduce the problem. that will
Sources of phosphorus are the USA's sewage treatment facilities that
Put treated effluent into the river and stormwater runoff from both
urban and rural areas.
The total maximum daily loads for these two pollutants have been
determined by the DEQ. The amounts of allowable discharge are
diviaed among the groups that contribute to the occurrence of these
substances in the Tualatin River, including the City of Tigard, the
USA, Washington County, and agricultural sources.
The City adopted interim standards for improving water quality as
outlined by DEQ on November 6, 1989 (Ordinance 89_27), The interim
standards were adopted to require on-site practices for improving
the quality of stormwater runoff. These standards will remain in
effect at least until a long term plan is developed and adopted.
The City is currently cooperating with USA, Washington county and
other Cities within the basin in preparation and enactment o£ final
Plans to meet water quality gF'.:.=,dz lil Lhe lower Tualatin River.
Techniques for improving water quality in the Tualatin basin will
include proper maintenance and use of existing stormwater drainage
system, public education, wastewater re-use, a ban on sale of
detergents containing phosphorus, and development of a water quality
moni.toringsystem.
Conclusion
At this time neither the extent nor types ofwater treatment
facilities and/or practices needed to bring water standards into
compliance have been fully determined. since projects that will be
built in the short term are already in the planning stage the impact
will be insignificant if any. However, in the long term, the cost
Of land development in the Tualatin River basin will likely
increase.
Any. increase In development costs attributable to higher water
quality standards will be common for all within the Tualatin River
Basin, which includes a large portion of Washington County. Impacts
on development will depend on the economics of increased development
costs in the Tualatin Basin due to water quality practices verses
the desirability of the location. Therefore, the long term impacton
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development opportunity, if any, cannot be determined at this time
1 and no revisions to comprehensive plan policies or development
standards are necessary.
2. Evaluate the impacts on the land use plan and implementing measures
from the large-scale annexations, including Washington Square, north
of the city.
Findings
There have been two large-scale annexations into Tigard since
original acknowledgement of the Comprehensive Plan. The annexation
of 385 acres known as the South Metzger (ZCA 20-86) was completed in
1987. The 215 acre Northeast Metzger annexation (ZCA 87-05) was
completed in early 1988.
The City conducted a study (Urban Services Report for the Metzger
area) that found the City of Tigard able to provide an adequate
level of urban services to this area without adversely affecting the
level of service provided to the existing incorporated area.
The residential portion of the annexed area is largely developed.
The commercial portion of the annexed area is also highly developed
with some notable exceptions in the area of Washington Square. Since
annexation, there has been major commercial development at Lincoln
Center and Washington circle, immediately north of Washington
Square. These developments occurred in areas that had been planned
f and zoned for this type Of use prior to annexation. For the
developed areas, the level of service has not been diminished and
the .newly developed areae have been �u---
Gervices. Ppiiedwith full urban
With the exception of two parcels, the annexed areas were within
Tigard•s Area of interest and were planned for eventual inclusion
within Tigard. Tigard is recognized in its Comprehensive Plan as
"...the.logical provider and/or coordinating agency of urban level
public services and facilities for all lands within the Tigard Urban
Planning Area". Properties In the small area that was not in
Tigard•s Area of interest make a logical boundary and were Included
at the owners request. These properties have had no substantial
effect on the plan or implementing measures.
Conclusion
The large-scale annexations were of largely developed property and
. .were anticipated for inclusion in Tigard by the Urban Planning Area
of Agreement with Washington County. Therefore, there are ea
substantial impacts on Tigard•s land use plan and implementing
measures and no revisions to Comprehensive Plan policies or
development standards are necessary-
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sk B. Cumulative I9ffeot8
Cumulative effects resulting from plan and land use regulation
amendments and implementation actions on the acknowledged plan's factual
base, map designations, and policies which relate to statewide goal
requirements.
Findings
The City of Tigard has conducted a thorough review of plan and code
amendments since acknowledgement. There have been a number of amendments
during that t:.me. All amendments were granted in compliance with the
acknowledged Comprehensive Plan and reviewed by DLCD to be in
conformance with state-wide planning goals.
Conclusion
Because all amendments to the comprehensive plan were granted in
accordance with the comprehensive plan and state-wide planning goals
there are no cumulative affects; on the plan's factual base, map
designations, and policies relating to statewide goal requirements,
therefore, no further amendments are necessary.
C. Unfulfilled Plan Policies
oversight or a decision by the local government to delay or not carry
out plan policies which relate to a statewide goal requirement. Local
periodic review findings must describe why, for example, policies in the
plan requiring a citizen involvement program evaluation, a revised
Inventory of natural hazards, or a date-specific, overall revision of
the plan, etc., have not been completed.
Findings
The City has conducted athorough reviewof its policies that relate to -
statewide goal requirements and has determined that there are no
policies that have been delayed or not carried out.
Conclusion
Because there are no policies that have been delayed or not carried out,
thisfactor does not apply to the city of Tigard.
D. New Information
Incorporation into the plan of new inventory material which relates to
a statewide goal made. available to the jurisdiction after
acknowledgement. Local periodic review findings must list what
applicable published state or federal reports have been made available
t
to the jurisdiction after acknowledgement containing new inventory
material, for example, on ground water availability, air quality, big
- game habitat, census information, soil surveys, natural hazards,
etc.,and describe what steps, including any amendments to the plan's
factual base, policies, map designations and land use regulations, have
been taken in response to this information.
Inventories from several state agencies were identified by the DLCD in
Tigard's periodic review notice. No other relevant inventory information
is known to be available. The City has obtained and reviewed all listed
inventories and finds that this information applies to the plan as
follows:
Findino8
Oregon Department of Transportation
Highway inventory updates: The six-year Highway Improvement Program,
1989 - 1994, dated August 1988 has been reviewed by the City. All
applicable information from this inventory is contained in the Public
Facilities Plan. Inventory information has been incorporated into the
Comprehensive Plan by the adoption of the background report Public
Facilities Plan (GOAL 11).
Department of Environmental Ouality
1. Annual Air Quality Reports - 1988 .
--- Tigard is part of the Portland-Vancouver Air Quality Maintenance
Area (AQMA). As such, the City remains in a nonattainment area for
carbon monoxide and ozone. There has, however, been improvement in
these two areas over the past few years. The Portland-Vancouver AQMA
has experienced little change in the level of particulate emissions
over the past several years.
2. Hazardous and Solid Waste Report
The management of solid waste is a regional issue and as such
Tigard's comprehensive plan contains policies that recognize and
- support 14ETRO-8 authority and responsibility to prepare: and
Implement a solid waste management plan. Tigard. is cooperating with
Washington County and other cities in Washington County to develop
a plan for transfer and disposal of solid waste. Metro is involved
in this planning effort.
The three franchised waste haulers operating within Tigard provide
curb-side pickup of sorted recyclable material as required by state
law.
There are no known hazardous waste sites located within the City of
Tigard.
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3. Sensitive Aquifer Map
( According to the Sensitive Aquifer Map, portions of Tigard overlay
a sensitive aquifer. Most of Tigard is served by sanitary sewers
and, with limited exceptions, new developments are required to
connect to a sanitary sewer. Tigard is supplied with water by the
Tigard Water District and the Metzger Water District. Neither of the
water districts serving Tigard extract substantial amounts of water
from the aquifer underlying the City. Storm drainage facilities to
Unified Sewage Agency standards are required of any new developments
and are in place throughout most of Tigard. Therefore, the City does
not knowingly contribute to the degradation of this aquifer.
4. Water Quality Status Assessment Report (1988)
As noted above, most of Tigard is served by sanitary sewer and all
new developments must connect to sewer. With the exception of USA's
Durham Treatment facility which is regulated by DEQ, there are no
known point sources of water pollutants.
Non-point pollutants are addressed as part of the drainage plan in
the Public Facilities Plan. The plan addresses the new water guallty
standards in the Tualatin River basin.
Economic Development Department
The Oregon Economic Development Department has developed information on
state and national trends through the Oregon Economic Trends Project,
1987-1988. This information'was analyzed and pertinent portions were
used inthe City's Economic Development Technical Report. Information
.from the Oregon Economic Trends Project was incorporated into the
Comprehensive Plan through the adoption of changes outlined for. GOAL 9
(Ordinance 91-01).
Portland State .University
The population in the City of Tigard is estimated to be 29,100 as of
July 1, 1990 according to the Portland State University, Center for
Population Research and Census. The current population figure will be
incorporated in the updated plan at various places. This population is
not significantly different than the approximately 29,000 thatwas
forecasted in the Comprehensive Plan in 1983 (Vol I figure IV-3)_ .The
City finds that there is no reason to revise the projections at this
time. Also, since Tigard is generally growing at a rate that was
anticipated, no new goals, policies, or regulations areproposed.
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conclusion
With inclusion of the Public Facilities Plan and amendments from the
Economic Development Technical Report the Comprehensive Plan's factual
base is updated. Because population forecast estimates are close to the
actual 1990 population projections, it is not necessary to amend
comprehensive plan goals or policies.
E. New or Revised Statutes
Consistency of the plan and land use regulations with new or amended
statutes adopted since acknowledgeliient. Local periodic review findings
must address new statutes adopted since initial acknowledgement and
explain how the plan and land use regulations continue to meet the
statutory requirements.
ORS 197.295 - 197.313 -- Needed Housing
ORS 197.303 states that "needed hc.using" also means: "(a) Housing that
includes but is not limited to, attached and detached single-family
housing and multiple family housing for both owner and renter occupancy
and manufactured homes; and (b) Government assisted housing."
Findings and Conclusion
The City's comprehensive plan provides for needed housing as defined
above in its comprehensive plan as acknowledged in 1984. Single family
attached and manufactured homes are allowed outright in all residential.
zones. Single family attached homes are allowed outright in the R-7, R-
12, R-25, and R-40 zones and as a conditional use in the R-4.5 zone.
Multi-family housing is allowed in the R-12, R-25 and R-40 zones.
Therefore, Tigard is in compliance with this statute.
ORS 197.295 (4) -- Mobile Home Park Definition
A mobile home park is a lot, tract, or parcel with four., or more spaces
for rent within 500 feet of one another.
.Findings and conclusion
Tigard's Community Development Code defines a mobile home park in
accordance with the above definition .(18.26.030 page 27) therefore the
City is in compliance with this statute.
ORS 197.480 - 197.490 -- Mobile Home Parks
ORS 197.480 requires that each city and county provide for mobile home
parks as an allowed use on buildable lams within urban growth
boundaries. Sufficient land must be zoned for a density of 6 to 12 units
per acre to accommodate need. Need must include consideration of
existing parks which may be displaced because they are located on
industrial,commercial, or high density residential land. Criteria and
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standards for the placement and design of mobile home parks must be
clear and objective. A public hearing may be required for approval of
a mobile home park.
Findings and Conclusion
The City has addressed the need for mobile home parks and has provided
for mobile home parks to be permitted outright in the City's medium
density residential zones ( R-7 and R-12) and also in medium-high and
high density zones (R-25 and R-40)
The City has considered existing parks in commercial and industrial
zones in that they are allowed as non-conforming uses and can remain so
as long as the conditions of Chapter 18.132 are met. Also, mobile homes
located in nonconforming parks can be replaced by mobile homes that meet
safety standards as required in Chapter 18.94.
ORS 197.485 states that a jurisdiction may not prohibit placement of a
mobile home, due solely to its age, in a mobile home park in a zone with
a density of 8 to 12 units per acre. Reasonable safety and inspection
requirements may be established for units which do not conform to the
National Manufactured Home Construction and Safety Standards Act of
1974.
The City has established clear and objective standards for mobile home
parks and does not prohibit placement of a mobile home solely because
of age (Community Development Code Chapter 18.94.030)
' ORS 197.490 states that a mobile home park may not be established on
land within an urban growth boundary which is planned or zoned for
commercial or industrial use. If no other access is available, access
may be approved through a commercial or industrial zone.
The City has addressed the issue of incompatibility of mobile home parks .
and commercial and industrial uses by not permitting mobile home park j
development within the City's commercial and industrial zones (Community
Development Code Chapters 18.60 through 18.72).
Therefore, the City is in compliance with mobile home parks requirements
as defined by ORS 197.480 to 197.490
ORS 197.732 - Goal Exceptions
9, ORS 197.732 revised requirements for taking anexception to the goals.
These amended exception requirements have been incorporated into Goal
2 and the Goal 2 rule (OAR .660-04-000)
Findings and Conclusion
The City of Tigard hasnot taken and will not be taking any exceptions
to statewide planning goals.Therefore, no revisions to the plan or land
use regulations are necessary.
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ORS 197 752 Lands Available for Urban Development
ORS 197.752 (1) s�.ates that lands within urban growth boundaries shall
be available for urban development concurrent with the provision of key
urban facilities and cervices in accordance with locally adopted
development standards.
ORS 197.752 (2) states that, notwithstanding ORS 197.752 (1), lands not
needed for urban uses during the planning period may be designated for
aeric,liture, forestry of other nonurban uses.
Findings and Conclusion
All lands within the Tigard City Limits as well as that within Tigard's
Urban Planning Area have been designated for urban land uses. Tigard has
adopted a Public Facilities Plan that provides information that services
are or can be available to vacant buildable lands within the City.
Therefore, the City of Tigard is in compliance with this statute.
ORS 197.767 - Wetland Definition
An area of privately owned land which otherwise satisfies the definition
of a wetland is not defined as a wetland if it was created by human
activity after the date of a jurisdiction's acknowledgement as part of
an approved development project. This exclusion does not apply to
mitigation areas.
Findings and Conclusion
Tigard adopted ordinance 90-29 (appendix A) which amends the City's
wetland definition in conformance with ORS 197.767- Therefore, the City
satisfies this requirement.
OAS 227.175 A lication Fees Consolidation Procedures etc.
ORS 227.175 [1) requires that a city -shall establish fees charged
for processing permits at an amount no more than the actual or
average cost of providing that. service.". I
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Findings and conclusion
The City of Tigard has adopted a fee schedule that is based the .
actual cost for processing. Therefore, the City of Tigard is in
compliance with this statute.
ORS 197.175 (2) requires that a city establish a consolidated
procedure by which an applicant may apply at one time for all
permits or zone changes needed for a development project. The
procedure is subject to the 120-day time limit set out in ORS
227.178.
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Findings and conclusion
{ Tigard•s Community Development Code section 18.32.100 establishes a
process for consolidating permits for related actions on a single
development. Therefore, the City is in compliance with this statute.
ORS 197.175 (31-(4) requires at least one public hearing; approval
based on compliance with the comprehensive plan; provisions for
notice to the applicant and other interested parties; notice to
mobile home park tenants at least 20 but no mora than 40 days before
a hearing on a proposed zone change for the mobile home park theyi
reside within; and approval or denial of an application for a permit i
without a hearing if notice: and appeal provisions are provided to {
those persons who would have had a right to notice if a hearing had i
been scheduled or who are adversely affected by the decision. j
Findings and Conclusion I
Tigard adopted Ordinance 90-41 (appendix A) which amends the
Community Development Code Section 18.30 to meet this requirement.
Therefore, the City meets the requirements of this statute.
ORS 227.175 (5) -- Local Appeal Procedures (also ORS 197.762)
Appealprocedures must require the applicant or appellant to raise
any issue before the governing body with sufficient specificity to
allow an opportunity to respond to and resolve each issue. Certain
items of information must be included in the notice for a land use
hearing_ At the hearing, a statement of applicable criteria must be
made and that testimony must address these criteria.
Findings and Conclusion
City of Tigard appeal procedures as identified in the Community
Development Code Chapter 3.8.32.110 comply with the requirements
stated above. Therefore, the City concludes that it is in compliance
with ORS 227.175 (5).
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ORS 227.175 (6) -- Public Use Airports
Notice of a public hearing on zone use permit in the vicinity of
an airport must be provided to the owner of the airport.
Findings and Conclusion
There are no public use airports within or near, the jurisdiction of
the City of Tigard. Therefore the City concludes that this statute
does not apply.
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ORS 227.178 -- Final Action on Permit or Zone Change Applications within
120 days
ORS 227.178 (1) requires a city to take final action on a permit or
zone change application, including all appeals, within 120 days of
completion of the application.
Findings and Conclusion
TIgard's Community Development Code, Section 18.32.030, requires
final action on permit and zone change applications within 120 days.
Therefore, the City concludes that it is in compliance with ORS
227.178(1).
ORS 227.178 (2) specifies procedures for dealing with incomplete
applications.
Findings and Conclusion
Section 18.32.050 outlines procedures for dealing with incomplete
applications in accordance with ORS 227.178 (2). The City therefore
concludes that it is in compliance with this statute.
ORS 227.178 (3) requires the City to review an application against
the standards and criteria effective at the time the application was
submitted providing that the initial application was or completion
was accomplished in a timely manner.
Findings and conclusion
Section 18.32.250 of Tigard's Community Development Code addresses
review against criteria andstandards in effect at the time an
application was determined complete. Therefore, the City is in
compliance with this statute.
ORS 227.178 (4) allows theapplicant to request an extension beyond
the 120-day limit.
Findings and conclusion.
Section 18.32.030 allows an applicant to request an extension to the
120-day limit. Therefore, the City concludes that it is in
compliance with ORS 227.178 (4).
ORS 227.178 (5) applies the 120-day limit only to decisions wholly
within the control of the city.
Findings and conclusion
.Section 18.32.030 applies the 120-day limit only to decisions wholly
within the control of the city. Therefore, the City concludes that
it is in compliance with ORS 227.178 (5).
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? QRS 227.178 (6) exempts those plan and land use regulation
amendments or adoptions of new regulations that must be submitted to
the DLCD Director under ORS 197.610(1) from the 120-day time limit.
FIndincis and Conclusion
Section 18.32.030 satisfies the requirement of ORS 227.178 (6).
Therefore, the City concludes that it is in compliance with this
statute.
ORS 227.178 (7)- provides for an applicant whose application h-no not
been acted on finally within 120 days after the application was
initiated to seek a writ of mandamus to compel issuance of the
permit or zone change or a determination that approval would violate
the city's plan or land use regulations.
Findings and Conclusion
ORS 227.178 (7) provides an applicant a means to compel action on a
land use appllr:ation after 120 days. The City of Tigard's
comprehensive plan and implementing ordinances do not in any way
infringe upon that right.
The city therefore concludes that the requirements of this statute
are satisfied.
ORS 227.180 -- Review of Action on Permit A lication
ORS 227.180 (1)(a)(A) establishes that the period for filing an
appeal of decision shall not be less than seven days after the
governing body mails or delivers the decision of a hearings officer.
Findings and Conclusion
Scction 18.32.310 of Tigard's Community Development Code sets the
appeal period to be 10 days for the decision of a hearings officer.
Therefore, the City concludes that it is in compliance with ORS
227.180 (1)(a)(A)-
ORS 227-180 !1)(al(Bl and (C) require that a hearing on the appeal
be held and that the record of the hearings offLcer's action be
considered.
Findings and Conclusion
Section 18-32.320 of Tigard's Community Development Code outlines
hearing procedures in conformance_with. ORS 227.180 (1)(a)(B) and
(C). Therefore the city concludes that it is in conformance with
this statute.
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r ORS 227.180 (1)(b) not withstanding (1)(a), a city council may
establish that a hearings officer's decision is the final decision
of the city_
Findings and Conclusion
Section 18.32.370 of Tigard's Co=mmunity Development Code states that
an appeal approval authority shall affirm, reverse or modify a
decision. Therefore a hearings officer decision may be appealed and
the City concludes that ORS 227.180 (1)(b) does not apply.
ORS 227.180 11)(c) requires that fees for filing an appeal shall be
no more than the average cost of such appeals or the actual cost of
the appeal, excluding the cost of preparation of a written
transcript_ (1)(c) also requires that fees for preparation of
written transcripts not exceed the actual cost of preparing the
transcript, up to $500. plus one-half of the actual cost over $500.
Findings and Conclusion
The City bases the appeal fee upon the actual cost of the appeal.
Section 18.32.330 also sets transcript costs in accordance with.ORS
227.180 (1)(c). The City therefore concludes that the requirements
of this statute are satisfied.
ORS 227.180 (2-1 allows an aggrieved party in proceeding for a zone
change or discretionary permit to appeal the decision to the Land
Use Board of Appeals (LUBA).
Findings and Conclusion
The right to appeal a decision to LUBA is allowed by state statute
and is not- under Lhe City's jurisdiction. it is therefore not
necessary for the City to address this statute. The City concludes
that ORS 227.180 (2) is satisfied.
ORS 227.180 (3) states that ex parte contacts with a member of the
decision making body shall not invalidate afinal decision or action
of the decision making body, provided that the member receiving the
contact places the substance ofthe content of the ex. parte
communication in the record of the hearing and makes a public
announcement of the right of parties to rebut the content at the
.first hearing where action will be considered or.taken.
Findings and conclusion
Section 18.32.170 of the Community Development Code outlines ex
parte communications in accordance with ORS 227.28O (3). Therefore
F the City c__�-1»des that it compiles with this statute_
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ORS 284.010-060 -- Regional Economic Development Act
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This act relates to the "Oregon Comeback". The Governor may adopt
proposed regional strategies_ Local plans and land use regulations need
to be consistent •-,ith the regional strategies. Local governments need
to review the list of actions to implement adopted regional strategies_
Findings and Conclusion
The regional strategy of the eight county area which encompasses Tigard
Is tourism with a focus on the Oregon Convention Center. The City has
reviewed the Oregon Tourism Alliance Regional Strateoies Plan 1988 and
its comprehensive plan. The city concludes that although promotion of
tourism is not an economic development strategy for Tigard, the plan is
not in any way inconsistent with the strategy. Therefore, the City
concludes that no additions or amendments are necessary.
ORS 418.817 -- Family Day Care Providers
Section 12 of HS 2884 provides that a day care provider which
accommodates fewer than 13 children in the provider's home is considered
to be - residential use. Such a home is a permitted use in all
residential and commercial zones. conditions must be no more restrictive
than those imposed on other residential dwellings in the same zone.
Zoning provisions contrary to this law may not be adopted or enforced.
ORS 443.590 - 44:4,600 (1) -- Residential Homes
ORS. 443.590 enacts a statewide policy stating that "physically or
. mentally handicapped persons are entitled to live as normally as
Possible within communities and should not be excluded from communities
because their disability requires them to live in groups.- ORS 443.600
(1) provides that-a "residential home shall be considered a residential
use of property for zoning purposes, including areas zoned for single-
family dwellings. No city or county shall enact or enforce zoning
ordinances prohibiting the use of a residential dwelling, located in an
area zoned for residential or, comcrerci.al use, as a residential home.
ORS 443.620 - 443.630 -- Residential Care Facilities
HS 2936 provides that residential care facilities (for mentally
handicapped persons) must be allowed as a conditional use in residential
zones permitting densities of 8 or more units per acre. Zoning
ordinances or siting criteria which would preclude such siting shall not
be enacted or enforced. Cities with a population lass than 2,500 are
exempted.
Findings and Conclusion
With adoption of Ordinance 90-41 (Appendix A), Family Day Care
Providers, Residential Homes, and Residential Care Facilities are
adequately defined and standards are in conformance with the statutes.
Therefore, the City is in compliance with these statutes.
ORS 446 003 (17)(a)-(c) -- Mobile Home Definitions
ORS 446 has been amended to define mobile homes as: (1) residential
trailers constructed before January 1, 1962; (2) mobile houses
constructed between January 1, 1962 and June 15, 1976 which met Oregon
construction requirements then in effect; and (3) manufactured homes
constructed to federal standards.
Findings and Conclusion
With adoption of Ordinance 90-24 the City conforms with the statutory
definition of mobile homes. Therefore, the City is in compliance with
this statute.
F. Other Issues
Nothing in subsections (1) (a)-(e) of this rule is meant to limit or
prevent any person from raising other issues or objections involving the
substantial change in circumstances factor set forth in subsection (2)
(a) of this rule as long as such concerns are submitted consistent with
the requirements of OAR 660-19-065.
The following issues were identified by DLCD.
National Flood Insurance Program - Most Oregon communities were notified
by the Federal Emergency Management Agency (FEMA) in September 1986 that
recent changes in federal regulations governing the National Flood
Insurance Program (NFIP) would necessitate revisions in local ordinances
that were adopted to establish eligibility in the NFIP. The local review
order should address these revisions as a substantial change in
circumstances affecting the city and report whether . the FEMA
regulations have been complied with.
Findings and Conclusion
Tigard received a notification from FEMA in September, 1986 regarding
changes in NFIP regulations. Ordinance 87-32 was adopted by the Tigard
city council which amended Chapter 18.84 of the Community Development
Code and brought City floodplain regulations into compliance with NFIP
regulations. Because the City has adopted required changes, Tigard is
now in compliance with FEMA's regulations governing the NFIP. We
therefore conclude that FEMA's requirement that NFIP regulations be
complied with has been satisfied.
Department of Energy - The City's plan contains policies to increase
opportunities for energy conservation and alternative sources of energy
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and to review the feasibility of implementing a solar access ordinance
(policies 9.1.1 and 9.1.3, supported by statements in the resource
document at pp. 1-275 to 278). Also, by Resolution No. 85-23 the City
agreed to "participate in and support efforts---to secure funding to
undertake a joint project to provide and protect solar access to the
extent feasible given local conditions." This project has concluded with
preparation and broad acceptance of model ordinances designed to
encourage and protect solar access. These model ordinances represent
a substantial change in circumstances pertaining to energy heconservation
and use of alternative sources of energy. As a result, Y
must
suhmit these ordinances to public review and formally consider them for
adoption and inclusion in the city's comprehensive plan implementing
ordinances.
Findin s and Conclusion
The City held a public hearing and adopted ordinance 91-02 (Appendix A),
a solar access ordinance that is based on the Department of Energy's
model ordinance. Therefore, the City is in compliance with this
requirement.
FACTOR TWO
NEW OR AMMMED GOALS OR RIILES ADOPTED SINCE THE DATE OF ACRNOWLEMORKENT
"Previously acknowledged provisions of the comprehensive plan or land use
regulations do not comply with the goals because of goals subsequently adopted
- or statewide land use policies adopted as rules interpreting goals under ORS
197.040."
Goal 2 Land Use Planning, Goal 2 Land Use Plannino Rule (OAR 660 Division 4)
Findings and Conclusion
Tigard's comprehensive plan and land use regulations do not contain any
exceptions or cite standards for exceptions under Goal 2, OAR 660, Division 4,
or ORS 197.732. The City is not proposing any new or amended goal exceptions at
thistime. Because there are no conflicting standards in the.plan or regulations
or proposed amendments to them, the City therefore concludes that the
requirements of the amended Goal 2, the Goal 2 rule and ORS 197.732 do not
require changes to the City's plan or regulations.
Goal 5 Open spaces/Natural Resources Rules fOAR 660 Division 16�
In late 1989, Tigard cocmaissioned an inventory of areas that potentially meet the
definition ofwetland. Locations are mapped with approximate boundaries. The
inventory is intended to provide additional information to City staff and
citizens on the physical nature of Tigard and is available for inspection at .
Tigard City Hall.
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The City has additionally revised its development code to more explicitly
address wetland areas (Ordinance 90-29, Appendix A)_
Findings and Conclusion
The City of Tigard's Comprehensive Plan was acknowledged in 1984 subsequent to
the adoption of this statute which was implemented in 1981. Therefore, the City
of Tigard has already been ac.'...owledged as in compliance with this Goal.
Goal 9 commercial and Economic Development Rule (OAR 660 Division 9)
Findings and conclusion
The City has conducted an economic analysis of the Tigard planning area. This
analysis and Comprehensive plan amendment is adopted in ordinance 91-01,
therefore the City is in compliance with this goal.
Goal 10 Metropolitan Housino Rule (OAR 660, Division 71
Findings and Conclusion
The City of Tigard has conducted a survey of its comprehensive plan and
amendments since acknowledgement relative to the Metropolitan Housing Rule. The
Metropolitan Housing Rule requires that the average density allowed for all
developable residential land within the city's original planning area be a
minimum of ten dwelling units per acre. The City's acknowledged comprehensive
`'- plan in 1984 inventoried 1,311 acres of developable residential land and the
housing opportunity index was 13,110 units for a density of 10 units per acre.
since then, eight plan amendments that included developable residential land have
been approved. The current inventory includes 1,290 developable acres and a
housing opportunity for 13,112 which is a density of 10.16 units per acre. Of
these housing units, there is the opportunity for over 9,000 units to be attached .
single family or multiple family housing, thus exceeding the requirement of a
minimum of 50 percent. Therefore, the City concludes that it remains. in
compliance with this rule.
Goal 10 -- Housing Rule (OAR 660, Division 8)
Findings and Conclusion
The City of Tigard's comprehensive plan was acknowledged in 1984 subsequent to
the adoption of this rule which was implemented in 1982. The City therefore
concludes that it has already been acknowledged as in compliance with this rule.
and no changes are necessary.
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Goal 11 Public Facilities Rule (OAR 660 Division 11)
Findino8 and Conclusion
The City of Tigard has conducted a survey of data relevant to the provision of
sanitary sewers, storm drainage, water service, and transportation systems, and
has developed a Public Facility Plan in accordance with OAR 660-11-000. The
Public Facilities Plan is adopted in Ordinance 91-_ (Appendix B). Therefore,
the City is in compliance with this rule.
FACTOR THREE
This factor requires that Tigard review the comprehensive plan and land use
regulations to obtain consistency with mandated State Agency Plans and Programs
related to land use which were not in effect when the City's plan was j
acknowledged.
DLCD has reviewed the following programs and determined that they potentially
meet the standards contained in ORS 197.640 (3)(c) and OAR 660-19-055 (2)(c)
(e.g., the program: is mandated by state statute or federal law; is consistent
with the goals; and has objectives that cannot be achieved in a manner consistent
with the comprehensive plan or land use regulations).
1.
Department of Environmental Quality
Local governments must maintain an up-to-date inventory of major air,
water, solid waste, and noise pollution sources and sites (where such
Information is made available to the jurisdiction) -
AIR
FINDINGS
The City of Tigard has reviewed its planning area for sources
and sites of major air pollution. No additional sources of
major air pollution have been located within this area since
Tigard-9 acknowledgement.
Tigard's comprehensive plan contains policies which require
compliance with state requirements for air quality and
requires coordination with DEQ and Metro.
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CONCLUSION
The City has surveyed its planning area for major sources of
air pollution and has not found any additional locations.
Therefore, the City concludes that it is consistent with DEQ's
air pollution inventory goals.
WATEit
FINDINGS
The City has conducted a review of its planning area for
sources of water pollution. The Unified Sewerage Agency
operates its Durham Sewage Treatment Plant within Tigard's
jurisdiction. This facility's effluent outfall into tha
Tualatin River is regulated under a EPA discharge permit
administered by the DEQ. Tigard can be considered a non-point
source of phosphorus and contributes to the exceedance of the
total maximum daily load of phosphorus in the Tualatin River.
The phosphorus loading occurs as stormwater runoff. The City
Is participating with USA to develop a plan for bringing the
Tualatin River into compliance.
No other major sources of water pollution were identified.
Tigard's comprehensive plan contains policies which require
compliance with applicable federal, state and regional
requirements for.water quality.
CONCLUSION
The City has conducted a survey of its planning area and has
found no additional major sources of water pollution.
Therefore, Tigard concludes that it is consistent with DEQ
major water pollution source inventory goals.
SOLID WASTE
FINDINGS
The City has reviewed its situation relative to solid waste
and has found that there are no existing or new sources of
solid waste pollution within the City. Also, the quantity of
solid waste generated within the City is diminished because of
.recycling. The three City franchised waste haulers provide the
opportunity to recycle by picking up sorted material aminimum
of once per month at thecurbside.
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CONCLUSION
The City has surveyed its planning area and has found no
additional major sources of solid waste pollution. Tigard
therefore concludes that it is in compliance with DEQ major
solid waste source inventory goals.
NOISE
FINDINGS
The City of Tigard has reviewed its situation relative to
noise pollution and found that there are no sources of noise
Pollution within Tigard. On January 22, 1990s the City adopted
a revised noise ordinance (ORD 90-03). The new ordinance is
consistent with DEQ noise regulations.
CONCLUSION
The City has surveyed its planning area and has discovered no
additional sources of major noise pollution.
2. Department of Transportation
Local governments must amend Goal 11 elements to inventory proposed
highway improvements and adopt a policy to coordinate with ODOT in
implementing its Highway Improvement Program.
FINDINGS
The City has reviewed the ODOT Six-year Improvement Program and has
identified "highway improvements in or near .Tigard. These projects are
identified in the Tigard Public Facility Plan. The City has also
adopted revised Comprehensive Plan Transportation Map and implementing
polieis which are consistent with ODOT's long range plans.
The City also has a policy to cooperate with other federal, state,
regional and local jurisdictions for the efficient planning and
management of the transportation system.
CONCLUSION
With adoption of the public facilities plan (Ordinance 91- and the
revised Comprehensive Plan Transportation Map and implementing policies
{Ordinance 91-
_ (Appendix B) the City's comprehensive plan is
consistent with ODOT's Six-Year Improvement Program.
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FACTOR FOUR
Additional planning tasks required at the time of acknowledgement or agreed to
In receipt of state funds.
FINDINGS
The Department of Land Conservation and Development stated that this
factor does not apply to the city of Tigard in the periodic review notice.
The City has reviewed its acknowledgement documents and grant agreements
and has found no additional planning tasks that were required at the time
of acknowledgement or agreed to in receipt of state grant funds.
CONCLUSIONS
There are no additional planning tasks that were required at the time of
acknowledgement or agreed to in receipt of state grants. Therefore, the
City concurs with the DLCD in that this factor does not apply to the City
of Tigard.
OVERALL CONCLUSION
The City of Tigard has conducted a thorough review of its Comprehensive Plan and
community Development Code In response to: changes in the community; amended or
newly adopted statewide planning goals, Oregon Administrative Rules, and Oregon
Revised Statutes; new or revised state agency plans, programs, and inventories;
prior obligations of the City to complete planning tasks. Findings presented in
this Periodic Review Final Order contain the City's responses to the periodic
review factors and identify amendments which bring the plan and development
ordinance into compliance with all applicable requirements listed in the DLCD
periodic review notice of May 3, 1989. Adoption of the plan and development
ordinance amendments and final review order complete Tigard's periodic review
responsibilities required by ORS 197.640 and OAR 660, Division 19.
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