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City Council Packet - 08/20/1979 TIGARD CITY COUNCIL STUDY SESSION AUGUST 20, 1979, 7;30 P.M, FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM 1. CALL TO ORDER 2. ROLL CALL 3. VARNES STREET LID - Gene Ginther 4. STRAM ENGINEERING STATUS REPORT re Traffic Safety Study C 5. COMPREHENSIVE PLAN REVISIONS - Planning Staff Request byPlanningStaff to amend the following portions of the Comprehensive Plan: n: . Housing Implementation Plan - "Manufacture Housing" (mobile homes) as a standard residential use with conditions and development standards u . "Solid Waste" Plan "Transportation Plan" - a revision to the City of Tigard's street classification plan "Energy Conservation" Plar. "Air, Water and Land Resource Quality" Plan 6. HOUSING IMPLEMENTATION PLAN AMENDMENT - Planning Staff A request by the Planning; Staff to amend the housing implementation plan (Ordinance No 79-44)describing the Tigard Detailed Plan Area. 7. SUBDIVISION CODE AMEND14ENT - Planning Staff A 'request by the Planning Staff to amend the Subdivision Code relating to development plan for subdivisions 8. COMPREHENSIVEPLAN AMENDMENT - Planning Staff A request by the Planning Staff to amend the Comprehensive Plan by adopting an ordinance„providing for periodic amendments. 9. FLOODPLAIN DISTRICT AMENDMENT - Planning Staff A request by the Planning Staff to amend the F1oodPlain District as it relates to Greenways z , 10. OTHER 11. ADJOURNMENT w mom T I G A R D C I T Y C O U N C I L a-TT yggeSTOnr MINUTES - AUGUST 20, 1979 - 7:30 P. M. �.. 1. ROLL CALL: Present: Mayor Alan W. Mickelson; Councilmen, John E. Cook, Tom Brian and Kenneth Scheckla; Councilwoman Nancie Stimler; Chief of Police, R.B. Adams; City Administrator, R.R. Barker; Assistant Planner, Hilary Mackenzie; Associate Planner, Kenneth Selby; Administrative Secretary, Loreen Wilson. 2. STRAM ENGINEERING STATUS REPORT Re: Traffic Safety Study (a) Jim Madison and John Lichtenheld from Strain Engineering, presented current status of the Traffic Safety Study. It was noted that the intended product of the study is as follows: a 5 year street improvement program, a recommended functional classification system, a recommended street design standard and gram for the improvements. The analysis of the recommended financing proCity is approximately 50% complete and current street problems in the Council will be contacted again at the end of September by the firm with further reports. 3. (a) City Administrator requested Council approve a replacement performance bond for Scheckla Park Estates in the amount of $285,704, (b) Motion by Councilman Brian, seconded by Councilman Cook to approve the Mayor and City Recorder signing the performance bond in the araount of $285,704. Approved by unanimous vote of Council. 4. COMPREHENSIVE PLAN REVISIONS -- Housing Implementation Plan - "Manufacture Housing" (mobile homes) as a standard residential use with conditions and development standards. (a) Associate and Assistant Planner discussed the amendment to the plan by - adding mobile homes as an outright use inthe City. (b) The following citizens testified regarding the issue: Buz harsh - NPO ##6 Pat Hutcheson - NPO #61 Joanne Nordling - NPO #64 Bob Allen -NPO #4 John Butler - NPO #p1 Gerry Kolleas Allan;Paterson —Tigard Business Person Mark Linhart - Mobiles Home Owner Irving Larson - NPO ##4 (c) After lengthy discussion between audience, staff and Council, several changes were made in the proposed ordinance to meet the concerns of Council and the citizens. These included, but are not inclusive, re- quiring a site obscuring landscaped berm or fence, requesting mixing not be allowed with built single family homes, and;requiring all mobile homes meet PHA or State of Oregon code, whichever standards were more stringent and requiring all mobile home applications be approved by the Planning Commission. (d) It was noted that this item would be heard in public hearing at the August 27th Council meeting. RECESS: 8.54 P.M. RECONVENE: 9:12 P.M. 5. COMPREHENSIVE PLAN REVISION - Solid Waste Plan (a) Assistant Planner recommended Council adopt MSD procedures as this was requested by LCDC to comply. (b) Consensus of Council was to reword section 1 item 3 as follows: "Solid Waste disposal is a regional concern requiring regional solutions. City of Tigard recognizes MSD's responsibility and authority to prepare and implement a solid waste management plan, and will participate in siting procedures as appropriate." (c) Council will consider at the August 27, 1.979 meeting. 6. COMPREHENSIVE PLAN REVISION - Transportation Plan (a) Assistant Planner recommended Council adopt two ordinances, one to clarify Tigard's willingness to have transportation for the dis- advantaged and to clarify Tigard's willingness to reconsider and reopen the Tigard Plan in order to eliminate any inconsistencies with the MSD regional plan as it concerns street classifications. (b) Ordinance will be considered at the August 27, 1979 Council meeting. 7. COMPREHENSIVE PLAN REVISION - Energy Conservation Plan & Air, Water and Land Resource Quality Plan. (a) Assistant Planner noted ordinance setting forth text regarding the above ;noted items. Consensus of Councilwasto cut down considerable wordage and to simply state the "meat of the issues" without extra verbage. (b) ,Ordinance will be considered at August 27, 1979 meeting. 8. HOUSING IMPLEMENTATION PLAN AMENDMENT (a) Associate Planner noted this ordinance would be to "clean-up" ordinance No. 79-44 for the Housing Implementation Plan. (b) ,Consensus of Council was to consider at August 21, 1979 meeting. 9. SUBDIVISION CODE AMENDMENT ' (a) Assistant Planner noted that the Tigard Municipal Code needed a-definition of Comprehensive Development Plan added to Section 17.08.030. (b) Consensus of Council was to consider at their August 27, 1979 meeting. STUDY SESSION MINUTES - August 20, 1979 - Page 2 10. COMPREHENSIVE PLAN A_MFMFMFNT (a) Assistant Planner requested Council set up an annual amendment policy and plan revision schedule for the Comprehensive Plan and make it a matter of record by adopting an ordinance. ' (b) Council will consider at their August 27, 1979 meeting. 11� FLOODPLAIN DISTRICT AMENDMENT (a) Assistant Planner noted that the amendment simply added greenway definition and the listing of greenway under the permitted use section of the flood- plain ordinance (Section 18.57.030 of the Tigard Municipal Code.) (b) Council will consider at their meeting of August 27, 1979. 12. OTHER (a) Assistant Planner advised Council that she advised the owner of Marciene Terrace (SW Bonita Road) that a half street improvement must be on the ground before issuance of an occupancy permit. This was also the wordage in the site design review staff report and the final letter of approval which was dated March 23, 1979. She noted that unless Council approves the use of a non-remonstrance agreement, the applicant should be re- quired to comply with the conditions of the final project approval as originally stated in the acknowledgment letter. (b) Councilman Brian requested City Administrator to have back-up staff available in his absence and in Legal Counsel's absence from the City. City:Administrator stated he would work on this area. (c) Councilwoman Stimler questioned whether the City had received a flood plain report from the Corps of Engineers for the Katherine Street area yet. Staff noted that no correspondence had been received. (d) ' Mayor Mickelson stated there would be a;Public officials Caucus at Hillsboro Administration Building at 7:30 P.M. on September 13, 1979 to discuss the use of MSD's reserve fund. (e) ' Associate Planner noted that Frank Tepedino (Planning Commission Chairman) had been in phone contact stating,that Planning Commissioners would be meeting at the Canterbury Woods site at 6:30 P.M. August;21, 1979, to view' the landscaping 'problems, to see if it met with the Commission's intent. (f) Mayor 14ickelson noted that Marcus Wood resigned from the Planning Commission and Gene Rossman has resigned from the Park Board. (g) Associate Planner stated that the Park Board has made an informal request to have the board membership cut to seven members. This would have to be handled at a later time, however, Council should be aware of the request. 13. Varnes Street LID - City Administrator requested item be set over to August 27th, 1979 meeting. Council concurred. 14. ADJOURNMENT: 10:01 P.M. Re r o J . and ATTEST: 41 STUDY SESSION MINUTES - August 20,1979 pg.3 _ yor - a3f bf Tigard 1 f, CITY OF TIGARD, OREGON ORDINANCE No. 79- AN ORDINANCE AMENDING THE SOLID WASTE CHAPTER OF THE COMMUNITY SERVICES AND TRANSPORTATION PLAN BY ADDING A THIRD POLICY AND FIXING AN EFFECTIVE DATE. r THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That the following policy be added to the solid waste section of the Community Services and Transportation Plan: "3. Solid Waste disposal is a regional concern requiring regional solutions. The City of Tigard recognizes MSDos responsibility and authority to prepare and implement a solid waste management planisupports the MSD Procedures for Siting a Sanitary Landfill , and will participate in these procedures as appropriate." SECTION 2: This ordinance shall be effective on and after the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present this day of , 1979, after being read two times by number and title —only. Re6�6r-&e nly. Recorder City oT Tigard APPROVED: By the Mayor this day of 1979. Mayor - City of Tigard a. t,. CITY OF TIGARD, OREGON ORDINANCE No. 79- AN ORDINANCE AMENDING ORDINANCE No. 78-57 OF THE COMMUNITY SERVICES AND TRANSPORTATION PLAN FOR THE TIGARD PLAN AREA, RELATING TO THE CITY'S STREET CLASSIFICATION PLAN AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Street Classification Plan. The Transportation System Section of the City of Tigard's Community Services and Transportation Plan is hereby amended with the following addition: "The City of Tigard recognizes that its existing street classification plan is at variance with that of MSD's (Crag Interim Transportation Plan) functional street classification plan. However, upon the adoption of a Regional Transportation Plan by MSD, the City will reconsider and reopen the Tigard Plan in order to eliminate any inconsistencies with the Regional Plan." PASSED: By vote of all Council members present, after being read two times by number and title only, this _ day of : 1979. Recorder. City of Tigard APPROVED: By the Mayor, this day of , 1979. Mayor - City of Tigard s ORDINANCE No. 79- i GOAL 13 ENERGY CONSERVATION Introduction 3k The United States relies on oil and natural gas for 7.5% of its energy use. Recent energy studies indicate that proven oil reserves in the world could be depleted by 1990 if lower consumption is not achieved. Moreover, if energy consumption con- tinues at present rates, yearly average electricity use could increase by almost 200% by the year. 2000. Sufficient generating capacity to meet this demand is, by all means, not certain. In the Northwest, the Bonneville Power Administration will not be able to guarantee the availability of sufficient power fromis hydro system to meet all firm energy needs after 1983. Increased energy demaXould exceed assured supply unless a strong local commitment to energy conservation and energy source diversification is made. At the same time, energy costs to the area's users could escalate very rapidly. Furthermore, if energy demand continues to rapidly increase, there is no guarantee that there will be sufficient capacity to meet that demand at any cost. Until the early 1960's, fuel oil was the dominant energy source for the area's users. Since then, the use of natural gas has increased steadily until. the early 1970'x, when electricity became the dominant energy source. Over 93% of the homes built since 1973 use electricity for all household tasks. Fuel oil involves many dis- tributors. Costs of fuel oil are expected to increase from 42c per gallon in 1976 to 58(� per gallon by the end of the century. There are no proven reserves of natural gas in the Pacific Northwest. The distributor is Northwest Natural Gas Company, which purchases it from Northwest Pipeline Corporation, which obtains it from several sources in the U.S. and from B.C. and Alberta, Canada. The cost of natural gas is expected to rise to 40G per therm by the year 2005 from 29-2o per therm in 1976. The principal electricity_wholesaler in the Pacific Northwest is the, federal govern- Ment. The Bonneville Power Administration markets the electricity produced by the hydro,-electric projects;built :by the U.S: -Corps.of Engineers and the Bureau of Reclamation. Electricity demand in the Pacific Northwest began to exceed; economically and environ- mentally acceptable sources of hydro-power by the early 1960's. In response to :this situation, the Joint Power Planning Council, which includes BPA and the region's utilities, formulated the Hydro Thermal Power Program. The electric energy delivery system, according to this program, would first evolve from predominant' reliance on; hydro to a conbipation `of thermal and hydro-generating facilities. The second phase would °involve increased 'reliance on :thermal plants in assuming a' larger portion of ` energy ,requirements'. However,.environmental opposition and the fragmented structure of publicly-owned utilities, as well as the lack of Sufficient capital,to build thermal', plants, have stalled action on the provisions of the latter phase of the Hydro-Thermal Power Program. The assumption was a decade ago that a nuclear plant could be completed in about six years after authorization. It now takes about ten to 'twelve years to complete. Moreover, plants now in 'operation have been found to operate at capacities below those ancitipated. ' For a plant to provide 11.00 megawatts of actual generating capacity, 1530 megawatts must be installed:. Generating for peaking purposes has been accomplished through the use of fossil. fuels. Oil prices, however, have risen over 400% and those of natural gas 300% since 1973. As a result,'`the cost of this peaking power is extremely high. This is in addition to the fact that a steady supplyofthese fuels is not certain. r page 2 The need for restructuring the power generation and supply system in this region became apparent as a result of the increasing disparity in electricity rates be- tween publicly-owned and investor-owned utilities. When private utilities lost access to cheap hydropower in 1973, they had to fill the gap with thermally-generat- ed electric power, which is much more costly. Private utilities have had to charge about 10-207 more than public utilities for the same amount of electricity. In 1973, almost half of all energy used in Oregon was consumed by households. Of all energy used by households, 877 is for space heating and automobile operation, which is one third of all direct energy* used in Oregon (see Oregon Office of Energy Research and Planning, Transition, Salem, 1974, pp. 92-94). On the average, the consumption of one unit of direct energy involves the consumption of one unit of indirect energy. For example, it is assumed that, for every gallon of gasoline a car burns, an equivalent amount of energy was required to make the car in the first place. Indirect energy is represented in construction materials, in mainten- ance and support equipment in foods and other goods and services. The need to conserve energy has prompted a number of responses on the national, state and regional levels. The National Energy Plan includes an "immediate objec- tive," a "medium-term objective" and a "long-term objective." These objectives are: 1) "to reduce dependence on foreign oil and vulnerability to supply interrup- tions," 2) "to keep U.S. imports sufficiently low to weather the period when world oil production approaches its capacity limitation," and 3) "to have renewable and essentially inexhaustible sources of energy for s n ained economic growth." The energy conservation goal of the Oregon Land Conservation and Development Com- mission (LCDC) requires local jurisdictions "To conserve energy-----Land and uses developed on land shall be managed and controlled so as to maximize the conserva- tion of all forms of energy." The transportation goal of LCDC requires that a transportation plan shall "minimize adverse social, economic and environmental impacts and costs" and,shall "conserve energy." CRAG REGION ENERGYANALYSIS In September, 1976, the Board of Director of the Columbia Region Association of Governments (MSD) adopted energy conservation Objective IV for the purpose, as stated in the Goals and Objectives and Implementing Rules, "to give structure and direction to regional planning consistent with the adopted Statewide Land Conserva- tion and Development Commission (LCDC) Goals and to implement CRAG's statutory responsibility." The CRAG substantive objectives relating to energy conservation are: 1. Support of Land Use: The conservation of energy shall be maximized in the development and redevelopment of the land and uses on the land. 2.' Renewable EnsrAX Sources; Development of energy consuming activites _ shall minimize 'the use of energy from renewable energy sources, based on sound economic principals. The potential for energy conservation is ,tremendous. It has been estimated that Americans in 1975 wasted more energy than was used by 2/3 of the world-'s population. Conservation, therefore, could significantly reduce the rate of consumption of ® non-renewable' sources of energy and save millions of dollars. "Conservation and fuel. efficiency are the cornerstone" of the National Energy Plan. According to F.. Q page 3 this plan, "Conservation is cheaper than production of liew supplies, and is the most effective means for protection of the environment." Damage to the environment can result in very high energy costs in the form of costly correction measures. For example, in land development, excessive environmental manipulation can be avoided by working with the natural landscape. The importance of energy conservation cannot be overemphasized. Conservation would reduce the possibility of shortages in energy supply and the rate of future energy price increases. It would strengthen the economy and prevent the loss of jobs. It would help pVr�tect the environment and individual choice. It would dincrgoverase nment expenditures on energy and protect low-income groups from energy price At the same time, it would require only minor lifestyle changes, Conservation buys time in which to develop new energy sources. Programs such as home weatherization would produce innnediate local benefits due to reduced energy expenditures by the homeowner or renter and the creation of new jobs. It has been estimated that electric energy made available through conservation is six times cheaper than energy provided by new thermal power plants. ENERGY USE CHARACTERISTICS - TIGARD*x The City of Tigard is reliant upon electricity for 22 percent of its residential energy requirements, natural gas 20 percent and fuel oil 58 percent. Electricity is the predominant fuel for space head and is also used to provide hot water to 88 percent of all households. Both single (2.98) and multiple (1.83 family household size tends to be less than the county average, while gross household income distribution is slightly more than Washington County community average. The majority of both single and multiple family dwellings were butt since 1950• Reference; *CRAG REGION ENERGY ANALYSIS, Report 2, June, 1977 h, ..�'';'c`�;ti:°:!:}ti+{o• ... Mks ��( / � � SLS L =;;`;•;••.�;;�_' � �? CsT �� � ••`�';:1•:S4ti tis•`• � '.v `T ( .�1 •SLo;LESS>.: V aw4e� '4°SSLiY�=1r � SStiL•; Y '.v;•;•Lr•. 6 9 Y.d.' �3 'Lrs:'a�•�'0 LU as fa- La- 4� Ln Q CAP CK�'9 _ . LA � tin• C Lai CPI 9� ® a ' g LM Q � � ews CD C-2 CR Lai 7-4 cu cc Com..,. P .... 4.ome cn :mCNT e•a ate, za 6Pi } ,�� eo s.� �-� Qe� coy cu ,. Rad '. � .•. '.. MIR � . �T � M Y � vex -WEIR 4 is I�` �: f "+v ++: a S ,F 1� e�^dam .�P� y � _ b F:a vs _ `� '�:• r},na•=+rk,,.�_ •.:1.t.d�, „t ,. «� "+�§ "_ '`Atu Ml„-x,..: " `e �, �.�rzc�:"_-... Asa`+'�i..�.Ln�����'�.��.:3���£�������m�r�r�'�."�"?�ar�K�a;r..�.¢1'.:`.•#.;�#:.��t�'��-�r,7��WL.',_€z`,r`�.w __43 rr't.'. u:�.�.w'�? .Wr f� xx"+r'-'�+�''�.E.4�.�i.�'%'i, GOAL h AIR, WATER, AND LAND RESOURCES QUALITY Introduction (Air Quality) Substantial evidence has been accumulated in the past decade to indicate numerous noxious effects from air pollution. In addition to the obvious damaging effects of polluted air upon human health and welfare, there are the less obvious and irrepar- able effects on our eco-system. All in all, these ne,. �tive effects have resulted in a general lowering of the "quality of life." CLEAN AIR ACT In response to the nationwide concern in regards air pollution, Congress passed and the President signed the Clean Air Act of 1970. This legislation set Federal standards for six different atmospheric pollutants. In addition, each of the states was required to develop an implementation plan describing how these standards `Till be attained and maintained. Unfortunately a number of urban areas, including the City of Tigard, have failed to meet one or more of the required standards. The Act requires each state to designate such areas as "nonattainment areas." Currently, the City of Tigard is a nonattainment area for the primary standard for two pollutants, namely carbon monoxide and ozone. In 1977, Congress amended the Clean Air Act and designated the year 1982 as the deadline for full compliance with Federal air quality standards. Acknowledging the difficulty in terms of satisfying this goal for carbon monoxide and ozone, a further extension (to 1987) was granted for compliance,with the stipulation that the affected state demonstrate an on-going commitment to improving air quality. The Act states that the need for an extension to 1987 and the required demonstration of good faith efforts forsolvingair pollution_problemsmustbe documented in a State Implementation Plan (SIP).* STATE IMPLEMENTATION PLAN (Air Quality) The City of Tigard lies within the Portland-Vancouver Interstate Air Quality Mainten- ance Area (AQMA). This area is described in the draft State Implementation Plan _ (SIP) for air quality, published jointly by the Department of Environmental Quality (DEQ) and the Metropolitan Service District (MSD) in April, 1979. The draft SIP shows that the entire AQMA is in nonattainment for meeting the recently revised federalambient air quality standards for ozone and is predicted to remain in non- attainment to atleast1987 unless additional control measures are undertaken. MSD and DEQ are developing a regional control strategy to bring the metropolitan area into attainment by 1987. The 'City of Tigard will cooperate and work with these agencies to realize this goal. Until such time as ;control strategies are realized, the City of Tigard will use measures described in the DE6,11andbook for "Environmental Quality Elements of *SummarX, Air Quality State_ Implementation Plan for the Portland Metropolitan Area, MS;(April,;1979 , COAL G AIR, -WATER, AND LAND RESOURCES QUALITY Introduction (Air Quality) Substantial evidence has been accumulated in the past decade to indicate numerous noxious effects from air pollution. In addition to the obvious damaging effects of polluted air upon human health and welfare, there are the less obvious and irrepar- able effects on our eco-system. All in all, these negative effects have resulted in a general lowering of the "quality of life." CLEAN AIR ACT In response to the nationwide concern in regards air pollution, Congress passed and the President signed the Clean Air Act of 1970. This legislation set Federal standards for six different atmapheric pollutants. In 'addition, each of the states was required to develop an implementation plan describing how these standards will be attained and maintained. Unfortunately a number of urban areas, including the City of Tigard, have failed to meet one or more of the required standards. The Act requires each state to designate such areas as "nonattainment areas." Currently, the City of Tigard is a nonattainment area for the primary standard for two pollutants, namely carbon monoxide and ozone. In 1977, Congress amended the Clean Air Act and designated the year 1982 as the deadline for full compliance with Federal air quality standards. Acknowledging the difficulty in terms of satisfying this goal for carbon monoxide and ozone, a further extension (to 1987) was granted for compliance`with the stipulation that the affected state demonstrate an on-going commitment to improving air quality. The Act states that the need for an extension to 1987 and the required demonstration of good faith efforts for solvingair,pollution problems 'must be documented in a `- State implementation Plan (SIP).** STATE IMPLEMENTATION PLAN (Air Quality) The City of Tigard lies within the Portland-Vancouver Interstate Air Quality Mainten- ance Area (TQMA) . ' This area is described in the draft State Implementation Plan (SIP); for air quality, published jointly by the Department of Environmental Quality v (DEQ) and the Metropolitan Service District (MSD) in April; 1979. The draft SIP shows that the entire AQMA is in nonattainment for meeting, the recently revised federal ambient air quality standards for ozone and is predicted to remain in non- attainment to at 'least 1987 unless additional control measures are undertaken. MSD and DEQ are 'developing a regional control. strategy to bring the metropolitan area into attainment ;by 1987. The City of Tigard will cooperate and 'work with these agencies to realize this goal. Until such time as control strategies are realized, the City of Tigard will use measures described in the DFk Handbook for "Environmental Quality Elements of *Summary, Air QuaIjjt7 State Implementation Plan for the Portland Metropolitan Area, MSD,(Apri1,,1979)) Page 2 Oregon Local comprehensive Zang Use Plans" when planning any development activates having the potential to directly (by direct emissions) or indirectly (by increas- ing vehicular travel) affect air quality. emittedly into the ob Since the pollutant CO is direct arealmostalways associated with heavfrom illy�le exhaust, carbon monoxideproblems traveled roadways. The air quality analysis in the SIP revision indicates that a section of Hwy 99W (Pacific Hwy) airnqualityCity standardsTigard by1therendcof1982 and dviolate through 8-hour carbon monoxide ambient 1987. From Hwy 217 to S.W. Kell Blvd., according to DEQ research, several Tigard roads exceed federal standar al standards ds for nallow for amonoxide umaximumrofdl*o*ngaPerir scubictmeteion ry more than 100 • Feder The City of Tigard is aware of these potential problem areas and will work with nt of these problems. MSD to better quantify the exte Introduction (water Quality Management) in tormater runoff tu The effects of various pollutant�tionsthan47ever before in streams uother na theunitedStates. Asral waters is receiving greater attentions tre more poinact t sources ofoiilointixsourcesare es'achied as stormwatererunoffyareehavingsprogress- on receiving waters. p is being done to control them. ivel.y more relative impact, because little cr nothing g Hence, completing the work of controlling water pollution will require attention to stormwater runoff and other nonpoint sources. Essentially pure as it condenses in the upper atmosphere, rainwater accumulates li ases, dors as it particulate matter g ,* and ofalls throt}andthe then.lcarriedr. Asrawayuas reaches the ground, p articulates are first picked up rganic and in- overland flow occurs. terials, and thesenmaycsignificantlya^lter the°oxygen content organic pollutantma in local streams. Amonediment,terialsair fOuionnd lfal7out,svehjcular petroleum ff eoleumdropp - struction and e ings, vehicular emissionscontaining heavy s zer nitrogen and phosphorus, and leachate chemical leachatefrom leaves�andsdeoeayynging organic material, pesticides and herbicides.* TUALATIN RIVER Tualatin River water quality has been historically poor. Low historic flows, increased development pressure, and industrial effluents irrigation runoff and use,poor water quality. � unlit In the past the river has had no contribute to the river's p olluted and highly eutrophic with observable flow in the summer mOin sbecoming p ble number). from 60 to_7,000 mpn (most p roba total fecal coliform courts ranging Currently several dam and reservot.r ' projects are under consideration for the Tualatin ,River and it's tributaries which could'augment summer low flows and improve water quality. However, planning for these reserviors is in tae ambroyonic stages and development seems doubtful. FANNQ CREEK In the past, Fanno Creek has been heavily polluted due to point and nonpoint sources. During ,the suer mthehinsODeamQconcentrations abovebelow PlantFanno Creek plant, almost doubling , All treatment plants discharging into FannamCreek and tributa ies have been quality `abandoned since 1976 (replaced y considerably. However, it is possi'nle,urbanthat erunafflaslow thesummer develops, willthese standtributaries, way coupled with increasing of achieving water quality goals. 1 Su lament 3, Water Qualit Aspects, of Urban Stor�..mGr„--star Runoff, CRAG Technics _...-.- (No'�v.15, 1977 Areawide Waste Treatment Management Study, a WASTE TREATMENT MANAGEMENT COMPONENT AND "208" The City of Tigard recognizes and assumes its responsibility for operating, planning, and regulating wastewater systems as designated in MSD`s Waste Treatment Management Component. --Reference to Unified Sewer Agency (USA) DISPOSAL SITE ALTERNATIVES (SOLID WASTE) Solid waste disposal is a regional concern requiring regional solutions. The City of Tigard recognizes MSD's responsibility and authority to prepare and implement a solid waste management plan, supports the MSD "Procedures for Siting Sanitary Landfill", and will participate in these procedures as appropriate. 4 i, MEMORANDUM TO: City Council FROM: Hilary Mackenzie DATE; August lb, 1979 SUBJECT: Greenway Ordinance Amendment Due to a turnover in clerical staff, the final typed form of the floodplain ordinance amendment was not completed in time to reach your packets. The only modifications of that floodplain ordinance are the addition of the greenway definition and the listing of gr.eenway under the permitted uses section. In Section 18.57.030 the existing text will remain exactly the same and will only be remembered. Hilary Mackenzie a CITY OF TIGARD, OREGON ORDINANCE NO. 79- AN ORDINANCE AMENDING CHAPTER 18.57, TIGARD MUNICIPAL CODE RELATING TO GREENWAYS AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGAP]D ORDAINS AS FOLLOWS: Section 1: Chapter 18.57 of the Tigard Municipal Code is amended in the following respects: A. Section 18.57.020 is amended by the addition of the following "greenway" means all lands within the 100 year floodplain of Fanno Creek and the Tualatin River and the lands on either side of natural drainageways as desiTnated by the park board and comprehensive plan for preservation. B. Section 18.57.030 is amended by the addition of the following new category and renumbering the original categories as follows: 1) Greenways: a) Community recreational uses such as bicycle and pedestrian paths, archery ranges or unpaved athletic fields or parks. b) Public conservation areas for water, soil, open space, forest or wildlife resources. c) Removal of poison oak, tansy.ragwort, blackberry or any other noxious vegetation. 2), Floodplain District and Drainageways: ¢ a) Accessory uses such as lawns, gardens or unpaved play areas. b) ;Agricultural uses conducted without locating a structure in the floodplain district. c) Community recreational uses such as bicycle and ` pedestrian paths,'`archery ranges, or unpaved athletic ` fields or parks. d) Public and private conservation areas for water, soil, open space, forest or wildlife resources. e) Removal of poison oak, tansy ragwort, blackberry or any other noxious vegetation. "Flood hazard" means a danger to property or health as the result of inundation of the floodplain. ;6) "Floodplain" means the relatively flat area or lowlands adjo;2ing j the channel of a river, stream, watercourse or other body of grater which has been or may be covered by floodwaters within the area of i! applicability defined by_ the floodplain district. (7) "Floodplain district" means those areas within the City of Tigard - inundated by the 100-year regulatory flood (g) ,"Grading/° means any excavation or filling or combination thereof.. -- (9) "Obstruction" means any dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel modification,, bridge, conduit, culvert, building, gravel, refuse, fill, structure, matter or things of a similar nature in, along, or across or projecting into any channel, watercourse, or floodplain drainageway areas which may impede, retard or change the direction of the flow of } water, either by itself or by ca:cr4ing or collecting debris carried by such water, or that is placed -vfnere the flow of water might carry the same downstream to the damage of health or property. (10) "Regulatory flood" means the flood used to define the outer boundary lines of the floodplain district. The maximum flood predicted to occur within 100 years. j (11) "Steeply sloping lands" are portions of the ,ground surface which have a slope of 12 percent (12%) or greater. • i (12) "Structure." means constructed edifice, barrier or building of I: any kind, or any artificial build-up or, composition of physical f parts adjoined together. i 18.57.030 'Permitted uses: Except as provided by Section 18.57.040, the fallowing uses shall be permitted within sensitive lands; ; 0) �' ) k,' Floodp -in District and Drainageways: Vi a) Accessory uses such as lawns, gardens or unpaved play areas. b) Agricultural_uses conducted without locating a structure in the floodplain district. c) Comminity recreational uses such as bicycle and pedestrian paths, archery ranges, or unpaved athletic fields or parks. i `d) Public and private conservation areas for water, soil, open space,.r"orest or wildlife resources. e) Removal of poison oak, tansy ragwort, blackberry or any other noxious vegetation. Page 2 ORDINANCE No. 79-dL " Drainageways: !' a) Fences. L b) Removal of poison oak_, tansy ragwort, blackberry or any other / noxious vegetation. 6:9 Steeply sloping lands: a) Low—intensity recreational uses such as bicycle aad pedestrian paths. b) Landscaping or gardens which provide substantial vegetative cover. c) Public and private conservation areas for water, soil, open space, forest or wildlife resources. d) Removal of poison oak, tansy ragwort, blackberry or any. Athan noxious vegetation. Except as explicity authorized by other provisions o; this c,iapter, all other uses are prohibited on sensitive lands. �) modification by grading shall not alter the character, of lands for the purposes of this chapter. Land which in its natural state lay within the floodplain, or was steeply sloping shall coatinue to have that legal character, though grading may have altered the surface condition. 18.57.040 Uses and activities allowed with a Special Use Permit: The following uses and activities are allowed only by Special Use :Permit granted by the Planning Commission and based on the standards set forth in Section 18.57.060. (1) Within floodplains, drainageways and steeply sloping lands:. a) Fill, grading, excavating. b) Structures. c) Off—.street parking and maneuvering areas, accessways and service drives located on the ground surface. d) 'Roadways, bridges or utility facilities. e) Removing any live vegetation other than poisoa oak, tansy ragwort, blackberry or any other :noxious vegetation. (2) Within the floodplain only: a) Any temporary structure which by its nature cannot be readily removed from the floodplain area during periods Of flooding, and which would impede or interfere with the flow of floodwaters within the distract. b) 'Any change in the topography or terrain which would change the. flow of waters during .flooding periods, or which wouldincrease•_ the flood hazard or alter the direction or velocity of the floodwater flow. 18.57.050 Nonconforming uses: A use established prior to June 1, 1979, which would be prohibited by Phis _chapter „r „ ych'would be subject to Cite.limitations. . chapter and controls imposed by this chapter shall have nonconforming use status, and be sitb4 ject to the provisions; of Chapter 18.68 of this Code. The benefits of nou conforming use status shall not, however, be available to uses or conditions established oL creat— ed in violation of any statute, ordinance, or law in effect at the time of establishment or creation'. Page '3 ORDILNIMiCE NO. 79-�_ 1 L INAL APPRL -D COPY � ' CITY OF fIGARD, OREGON •t ORDT.NANCr NO. 79-- 4 _ 7, RELATING TO FLOODPLAINS AND OTHER SENSITIVE AN ORDINANCE AMENDING CHAPTERS 18.5 YN'D5. 1ME rITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Chapter 18.57 of the Tigard Municipal Code is amended read as f, low. C11APTER 18.57 SENSITIVE LANDS 18,57.310 Statement of Intents Sensitive lands are lander potentially in the unsuitable for development beCor�onosteeplocation slopes.thSe:�siti.ve0land rareas dareldesignaterl within a natural drainageway, jot, and as such in order to give recognition to the need to protect the public health, lands safety and welfare of the community through t e regugaland areas�nandltofthereby within floodplain,, dray g Y a and steeplymitigate Potential financial burdens auses�iwhichisig mthreatenflooddtoQaffect adver�elvPtheVe natural drainageways from encroaching .blit safety, and the public h ealt.11 property rights of the citizenry of the community, pa or by natural conditions arising from upstream downstream flood levels. City the rights of to be under this ordinance it recognize ecogintrusx izand damagecaused,byractsoorefree omissions from invasion of flood or water . representatives and agents, and to act on the part of the City, its Commissions, landowners and occupiers The'floodplain district has for its purpose the preservation of natural floodplain district by discouraging or prohibiting water storage areas within the incompatible uses. 18.57.020 Definitions: (a) In this chapter the following words and phrases shall be construedto have the specific meanings assigned to them as follows: (1), "Drainageways" are defined as those areas which convey significant seasonal concentrations of water over the surface of the land, (2) "Excavation" means mechanical removal of earth material. C8? "Fill'` means any act by which earth, sandl gravel, rock or any r similar material is d other eposited, placed, pulled or transported, oth includes the conditions resulting therefrom.and ' (4)' "Flood" means a temporary rise in stream flow or stage that results in water overtoppi.ng' stream banks and inundating land adjacent to the normal flow of mater through the stream channel. ORDINANCE No. 79--IL4— t "plood hazard" means a danger to property or health as the result of inundation of the floodplain. (r) "Floodplain" means the relatively flat area or lowland: adj©swing the channel of a river, stream, watercourse or other body of water which has been or may be covered by floodwaters with5.n the area of applicability defined by the floodplain district (7) "Floodplain district" means those areas within the City of Tigard inundated by the 100--year regulatory flood. (8) "Grading" means any excavation or filling or combination thereof. _ �- (9) "Obstruction" means any dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, bridge, conduit, culvert, building, gravel, refuse, fill, structure, matter or things of a similar nature in, along, or across or Projecting into any channel, watercourse, or floodplain drainageway areas which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of health or property. (10) "Regulatory flood" means the flood used to define the tetter boundary lines of the floodplain district. The maximum flood predicted to occur within 100 years. (11) "Steeply sloping lands" are portions of the ground surface which have a slope of 12 percent (127) or greater. arrier or ilding of (12) ,Structure" any nartificialebuild-upeorbcompositionuof physical any kind, .o y parts adjoined together. 18.57.030 Permitted uses:' Except as provided by Section 18.57.00, the following uses ;hall be permitted within sensitive lands; (1) floodplain District and Drainageways: a) Accessory uses such as lawns, gardens or unpaved play areas. b) Agricultural uses conducted without locating a structure: in the floodplain district. c) Community recreational uses such as bicycle and pedestrian paths, archery ranges, or unpaved athletic fields or parks. d) Public and private conservation areas for water, soil, open space, .forest or wildlife resources. e) Removal of poison oak, tansy ragwort, blackberry or any other noxious vegetation. Page 2 ORDINANCE No. 79-41, NEW e, 18.57.060 Special Use Permits: In accordance with the procedures and requirements set forth in Chapter 18.84 of this Code, an application for a Special . Use Permit" filed as by said dhapter stated may be approved or denied by the Planning Commission Fc- .lowing a public hearing. All applications for "Special Use Permits" shall be supported by the following information to enable the Planning Commission to determine whether the proposed use is located in the floodplain or drainageways district and if so, whether the proposal, if approved, will conform to the purposes and guidelines as set forth in this chapter. A., Floodplain: 1) Plans drawee to scale, submitted in triplicate as prepared by a registered professional engineer with experience in hydraulic and geohydrologic engineering and processes, showing the nature, location, dimensions, elevations and topography of the site; the location of existing and proposed *structures located upon the site, existing and proposed areas to be filled or otherwise modified, and the relationship of these to the location of the stream channel, and proposed methods for controlling erosion. 2) Any documentation, photographs, =cater marks, and similar evidence offered in support of the claim that the site or area in question lies above high water as defined by the regulatory flood. B. Urainageways: 1) Plans drawn to scale, submitted in triplicate as prepared by a registered professional engineer with experience in hydraulic and hydrologic engineering and processes, showing the nature, location, dimensions, elevations and topography of ,the site; the location of existing and proposed structures located upon the site; existing and proposed fill or excavated areas, and the relationship of these to the location of the stream channel (if any), and the ;proposed methods of controlling erosions' C. :Steep slopes: 1) Plans drawn to scale, submitted in triplicate as prepared by a qualified registered professional engineer showing the nature, location, dimensions, elevations, and topography of the site; the location of existing and proposed structures c located , on the siteg _ .,d propoGed iii or excavated -- areas and proposed methods of controlling erosion. 18.57.070 Standards, 1) Application for a Special Use Permit in floodplain areas shall.> be granted or denied in accordance with the following standards° 'r Page 4 ORDINANCE No. 79- t ( -i i:rainageways: a) Fences. 4" b) Removal of poison oak, tansy ragwort, blackberry or any other noxious vegetation. (3) Steeply sloping lands: a) Low-intensity recreational uses such as bicycle and pedestrian paths, b) Landscaping or gardens which provide substantial vegetative cover. c) Public and private conservation areas for water, soil, open space, forest or wildlife resources. d) Removal of poison oak, tansy ragwort, black1:erry or any other noxious vegetation. _ (4) Except as explicity authorized by other provisions of this chapter, all other uses are prohibited on sensitive lands. (5) Modification by grading shall not alter the character of lands for the purposes of this chapter. Land which in its natural state lay within the floodplain, or was steeply slopinj shall continue to have that legal character, though grading may have altered the surface condition. 18.57.040 Uses and activities allowed with a Special Use Permit: The following uses and activities are allowed only by Special Use Permit granted by the Planning Commission and based on the standards set forth in Section 18.57.060. (1) Within floodplains, drainageways and steeply sloping lands: a) Fill, grading, excavating. b) Structures. c) Off-street parking and maneuvering areas, accessways and service drives located on the ground surface. d) Roadways,;brid-?es or utility facilities. e) Removing any live vegetation other than poison oak, tansy ragwort, blackberry or any other noxious vegetation. (2) Within the floodplain only: a) Any temporary structure which by its nature cannot be readily removed from the floodplain area during periods of flooding, and which would impede or interfere with the flow of floodwaters within the distruct., b) Any change in the topography or terrain which would change the flow of waters during flooding periods, or which would increase_ the flood hazard or alter the direction or velocity of the 18.57.050 Nonconforming:-uses: A use established prior to June 1, 1979, which would be prohibited; by this chapter or which would be subject to the,limitations and controls imposed by this chapter shall have nonconforming use status, and be sub- ject to the provisions of Chapter 18.68 of this Code. ` The benefits of non-conforming, use status shall not, however, be available to use: or conditions'established'or creat- ed in violation of any statute, ;ordinance, or law in effect at the time of establishment or creation. Page 3 ORDINANCE`NO. 79-- 4 a) No structure, fill, excavation, storage or other use shall be permitted which alone or in combination with existing or proposed uses would reduce the capacity of the floodplairn area or raise either the flood surface elevation or flow rates, or adversely affect flow direction on upstream or _ downstream properties, or',create andpreneralesentowelfareeealale hazard to public health, y g b) The applicant must obtain the permit required by the State of Oregon under ORS chapter 541 for removal or filling of waterways, or demonstrate that the provisions of this statute do not apply. (2) Application for a Special Use Permit in a drainageway area shall be granted or denied in accordance with the following standard: a) The proposed action mL*st not adversely impact runoff, srOsiolz; ground stability, water quality, ground water 'Level, flow rates or flooding. (3) Application for a Special Use Permit in a steeply sloping land area shall be .granted or denied in accordance with the. following standard: a) Applicant must supply affirmative documentation that the proposed action will not adversely impact runoff, erosion, ground stability, water quality, groundwater level, or flooding, and that the site can support the proposed mod- ification or structure as designed. This ordinance shall take effect on the 31st day following its passage and signing. PASSED: By the City Council by &V c i���nUcz gvote of all Council members present, after being read two times by number and title only, this day of 1979. City Recorder 02ty Tigard - SIGNED: By the Mayor, this day of t , 979. Mayor,, City of Tigard ` Page 5 ORDINANCE No. 79-44 SPEU AJ, USE PERtU..T- APPLICILNT- - -- - - ' il!_ Type of fill: Cubic vards of fill: Area of site to be occupied by fill: sq. :ft: (Sq.Ft_ (Fill)/Sq.F t_ (Site)) x 100 - ; of -site Co be Distance of fill from stream's edger Horizontal Distance Fts VerticalDrop. rt:. Type of bank to be installed: Net change in storage capacity of floodplain resulting froqj gill CU.Ft. Will the fill increase the flood crest or _modify the flow of floodwaters? Yes_— No If so, what will the qua:-Ltitati ve effects be? (Attach a sheet for explanation) . StrascLures Existing structure(s) in floodplain: Height Ft. Width Ft-.. Distance from stream's edge:. . Horizontal Distance Pt, m Vertical.Drop Ft® Proposed structure(s) in floodplain Height Ft. Width gg_ Distance from strea-mis edge: Horizontal Distance _ Fts Vertical Drop Ft — Distance between existing and proposed structure (nearest port; Ft_ - Will the structure increase the '.flood crest or -modify the f 10"0^ of flood waters? Yes No If so, what will the quantitative effects be? (Attach- a sheet for _exnlanation) a Will the proposed structure be designed to withstand the des`ructi.v effects of a flood without significant damage? (Attach a sheeta explain specifics) f , • _ �.e PACE 2 SpEC TSL USE PFFU•1I1 - What type of materials are—to be stored?� Skor�. Volume/quantity of material(s)_____+ Distance of 'storage from strear•-t°s edge: Horizontal Vertical. Drop _ � Etn Distance of storage from nearest building EtAe Will the material be anchored to prevent -viovement in the event o a Flood? Yes How? No Why Not? (Attach-9--sheet for explanation Type of screening for storage APPLICANT: - ADDRESS TELEPHONE PROJECT: SITE LOCATION TAX LOT TAX 1AAP t ME,MORANDUM TO: City Council FROM: Hilary Mackenzie, Senior Planner SUBJECT: Marciene Terrace SDR 45-78 DATE: August 16, 1.979 It has been brought to my attention that several conditions of the Design Review approval for SDR 45-78 had not been met at the time of final inspection of the apartment complex. In particular, the condition that a half street improvement be done on S.W. Bonita Road had not been completed nor had the applicant begun work. The condition that a half street improvement be done on S.W. Bonita Road was requested initially in the Design Review staff report and made official by its inclusion is the final letter of approval dated March 23, 1979. The applicant and owner signed this letter,acknowledged the conditions of their project approval and agreed to abide by the conditions as stated. At the time that the half street improvement was requested it was understanding that the City Council had directed the Planning Director to insure that half street improvements were to be "on the ground" prior to issuance of occupancy permits. The Planning Director had notified staff of this dictate and I was carrying out this directive. Unless Council approves the use of a nonremonstrance agreement the applicant should be required to comply with the conditions of the final project approval i as originally stated in the acknowledgment letter. CCI - EVALUATION The City of Tigard has established the Neighborhood Planning Organizations (NPOs) as the official citizen involvement structure, as required under LCDC goals and guidelines, and has developed a Citizen Involvement Program (CIP) that ensures citizen participation in all phases of the planning process. To carry out the citizen involvement program the NPOs are responsible for adopting and publicizing a program for citizen involvement that clearly defines the procedures by which the general public will be involved in the on-going land use planning process. Ir. this respect, a sincere effort has been made to involve tha public in the decision-making process in that (1) all NPOs and City agencies under- take to notify persons of any planning efforts which might effect them; (2) notice of pending policy decisions affecting neighborhood livability and economic viability is provided through distribution of Planning Commission and City Council agendas to NPO Chairpersons; and (3) any comprehensive planning efforts and subsequent amendments are subject to public hearing. A fedi years ago, NPOs were heralded as an innovative for of citizen participation (there presently exists seven NPOs) . In fact, the State Land Conservation and Development Commission (LCDC) four years ago used Tigard's NPOs as an example of the type of citizen participation it was requiring and encouraging. Unfortunately, with the completion of the seven NPO plans, reviving the NPOs,in _a<attempt to establish an on-going planning process (in terms of comprehensive plan reviewing and updating) has been somewhat ; problematic. In ,general, NPO membership had declined and enthusiasm had waned. However, every effort is being made to revive and reform these citizen committees- inorder to shift their role to the on-going ,land use planning process. overall the citizen involvement process has proved to be highly effective except for the ,present state of limbo. Due-to the nature of ,its complexity certain unresolved issues are to be expected, but `a sincere attempt is being made to involve the 'citizens in the land use decision- iaking process. HISTORICAL - CULTURAL RESOURCES Historic features provide a link with the past and add character and variety to the community design. Unfortunately, much of Tigard's heritage has already been lost to unmanaged development with only a few distinct structures remaining. The John Tigard Home is the only remaining structure of local and national historical significance (also listed in the National Registry) . The Tigard Area Historical and Preservation Association (TAHPA), a nonprofit organiza- tion committed to the preservation and maintenance of valued historical objects and landmarks, is currently in the process of relocating the John Tigard Home to a usu- able and available site. After restoration and renovation the Tigard Home will host the proposed Tigard Museum which will be open to the public and display many valued artifacts and highlighting Tigard's historical pasta Another structure identified as historically significant, and documented in the "Statewide Inventory of Historic Sites and Buildings", is the so called Water Tower (also referred to as :the Windmill) situated along 121st Avenue and S.W. Lynn Street. It was recently donated to the City and has been earmarked for restoration and/or renovation. The Comprehensive Plan should recognize this cultural resource in an attempt to pre- serve the Community's history. SCENERY An inventory conducted by the City of Tigard (and after consulting the "Oregon State Parks System Plan) revealed that no scenic views and sites and/or waterways,' as defined in Goal #5, exist in the Tigard Planning Area.