City Council Packet - 11/21/2006
TIGARD CITY COUNCIL
WORKSHOP MEETING
November 21, 2006
COUNCIL MEETING WILL NOT BE
TELEVISED
I:WFS1DOnna'skcpkl2
F ARD CITY COUNCIL
ORKSHOP MEETING MBER 21, 2006 6:30 p.m.
IGARD CITY HALL D
125 SW HALL BLVD
TIGARD, OR 97223
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,
ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
1
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much
lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the
meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - NOVEMBER 21, 2006 page 1
AGENDA
TIGARD CITY COUNCIL
WORKSHOP MEETING
6:30 PM
1. WORKSHOP MEETING
1.1 Call to Order - City Council
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
2. UPDATE ON ENTRY SIGNS
Staff Report: Public Works Department
3. REVIEW PROPOSED GOAL 5 HABITAT-FRIENDLY DEVELOPMENT
PROVISIONS
Staff Report: Community Development Department
4. MEMORANDUM BETWEEN WASHINGTON COUNTY, ITS JURISDICTIONS AND
SERVICE DISTRICTS, TO NOT EXTEND SERVICES TO DEVELOPMENT
OUTSIDE THE URBAN GROWTH BOUNDARY THAT IS THE RESULT OF
MEASURE 37 CLAIMS
Staff Report: Community Development Department
5. FANNO CREEK PARK MASTER PLAN REQUEST FOR PROPOSALS
Staff Report: Community Development Department
6. NON AGENDA ITEMS
7. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to attend
Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information
discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
8. ADJOURNMENT
COUNCIL AGENDA - NOVEMBER 21, 2006 page 2
Revised November 21, 2006 (Reordered Agenda - Entry Signs moved from Item 2 to 5)
F ARD CITY COUNCIL
ORKSHOP MEETING
MBER 21, 2006 6:30 p.m.
IGARD CITY HALL /A
125 SW HALL BLVD
TIGARD, OR 97223
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,
ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much
lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the
meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - NOVEMBER 21, 2006 page 1
AGENDA
TIGARD CITY COUNCIL
WORKSHOP MEETING
November 21, 2006
6:30 PM
1. WORKSHOP MEETING
1.1 Call to Order - City Council
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items:
Non Agenda: Administrative Matters - See Item No. 6
6:40 PM
2. REVIEW PROPOSED GOAL 5 HABITAT-FRIENDLY DEVELOPMENT
PROVISIONS
Staff Report: Community Development Department
7:25 PM
3. MEMORANDUM BETWEEN WASHINGTON COUNTY, ITS JURISDICTIONS AND
SERVICE DISTRICTS, TO NOT EXTEND SERVICES TO DEVELOPMENT
OUTSIDE THE URBAN GROWTH BOUNDARY THAT IS THE RESULT OF
MEASURE 37 CLAIMS
Staff Report: Community Development Department
7:35 PM
4. FANNO CREEK PARK MASTER PLAN REQUEST FOR PROPOSALS
Staff Report: Community Development Department
8:20 PM
5. UPDATE ON ENTRY SIGNS
Staff Report: Public Works Department
8:30 PM
6. NON AGENDA ITEMS
Administrative.
➢ Governor's Council on Alcohol and Drug Abuse Programs - Domino Effect Presentation
- November 28, - Testimony - Call for input from Mayor & City Council members.
Washington County Public Services Building -155 North First Avenue, Hillsboro
➢ Activation of Emergency Operations Center. (EOC) and Major Events - Discuss
notification of Mayor and City Council.
➢ Goal Setting Session Minutes for December 11; Cathy to attend to take notes? Confirm
that this meeting will be at Councilor Wilson's home, 1-5 p.m. Lunch?
➢ Update Biographical Information on the Web Page for Mayor and Council Members -
Joanne Bengtson will be following up. .
➢ Distribute Land Use Decisions
➢ Discuss City Attorney Review
➢ School Board Meeting on January 29 - Availability?
COUNCIL AGENDA - NOVEMBER 21, 2006 page 2
7. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to attend
Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information
discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
8:40 PM
8. ADJOURNMENT
hadm\cethy\c \2008t001121).doc
COUNCIL AGENDA - NOVEMBER 21, 2006 page 3
City Council 2007 Goal Recommendations
Committee for Citizen Involvement
Goal: Complete the development and implementation of the City-wide
Neighborhood Program.
• Establish the Neighborhood Program as the City's key citizen
involvement program
Goal: Conduct bi-annual Town Halls for Tigard residents with state-
and federal-level elected officials.
• Formally invite state and federal political representatives to a town hall-
style meeting to be held in Tigard sometime during 2007.
r
MEMORANDUM
A
TO: Tom Coffee, Interim CD Director
FROM: Basil Christopher, CCI Chair
RE: CCI Council Recommendations
DATE: 5/12/06
At their April 18, 2006, meeting, the Committee for Citizen Involvement (CCI) agreed to forward to
Council two recommendations relating to City communications.
The first recommendation is for the City to provide a presentation on the topic "Meth Awareness
in our Community". The purpose would be to promote drug awareness and teach the community
how to recognize and respond to a potential meth problem in their neighborhoods. Depending on
interest, additional presentations may be needed. The motivation for this recommendation is linked
to the recent series of highly publicized meth-related incidents that have taken place within the City.
The CCI further suggests that the presentation(s) be held in the Library Community Room and that
the event be advertised. Potential promotional efforts could include: posters at City Hall and other
locations; cable TV community calendar listings, invitations to Citizen's Police Academy
participants; announcements in the Cityscape and Community Connectors e-newsletter, notices to
homeowner associations and local schools, and a City webpage article.
The second recommendation is to formally invite Senator Ron Wyden to a town hall style meeting
in Tigard sometime during 2006-07. During his years in office, the Senator has held several town
hall meetings throughout his district, including several in Beaverton. A visit by the Senator might
entice some in the community to attend a city function, and perhaps motivate them to take an
interest in local government. Ideally, some of these persons would be interested in volunteering for
community service in the future.
Bringing Senator Wyden to Tigard would make him more accessible to local residents, encourage
him to speak to Tigard concerns, and would increase the prominence of Tigard on his radar, as it
were.
The CCI would appreciate your bringing these recommendations to Council's attention.
MEMORANDUM
e ~
TO: Tom Coffee, Community Development Director
FROM: Ron Bunch, Long Range Planning Manager
RE: Planning Commission Goals for 2007
DATE: 11-21-06
INTRODUCTION
The following conveys the Planning Commission's general consensus regarding its 2007 goals.
This matter was discussed at the Commission's regular November 6, 2006 meeting.
DISCUSSION
The Commission's consensus for its 2007 Goals is summarized as follows:
Priority
Ranking 2007 Goal Category
1 Complete Update of the Tigard Comprehensive Plan
2 Address Transportation Issues such as Highway 99W concerns, transit
issues, congestion and safety problems
3 Complete Land Use Program for the Tigard Town Center
(Implementing Land Use Designations, Regulations; Design Guidelines
and Standards
The Commission also identified "natural resource protection" and "better community design
quality" as important, but emphasized these issues are subordinate to the above. Also
economic development planning and coordination was noted as something the City should
consider for the future.
There were a number of other topics and planning projects that were discussed as well. These
topics included Development Code updates, land use information and data collection; citizen
involvement programs, and community sustainability. The Commission felt that work on these
matters should follow completion of the Comprehensive Plan. It is expected the Plan will
provide policy direction on these matters.
Copy: Chair Jodie Inman and Members of the Planning Commission
Dick Bewersdorff, Development Planning Manager
File: Planning commission goals 2007 memo.doc
I:\LRPLN\Ron\Planning Commission 2007 Goals Memo to Tom Coffee 11-21-06.doc
r Greer Gaston - Council oats Page 1
From: Steve Martin
To: Greer Gaston
Date: 11/21/2006 2:45:59 PM
Subject: Council goals
The following are goals the Tree Board came up with for the Council:
GOAL: Implement the revisions to codes for landscaping and screening (18.745), and tree removal
(18.790).
Goal: Expand Heritage Tree list and obtain more recognition for trees.
Thank you,
Steve
CC: Daniel Plaza
Agenda Item No.3 . /
For Agenda of e. adaK
Tigard City Council Meeting Minutes
Date: November 21, 2006
Time: 6:30 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon
Attending: Mayor Craig Dirksen Presiding
Councilor Sydney Sherwood
Councilor Nick Wilson
Councilor Tom Woodruff
Councilor Sally Harding
Agenda Item Discussion & Comments Action Items follow u
Workshop 1.1 Mayor Dirksen called the City Council to Order
Meeting at 6:34 p.m.
1.2 Council Present: Mayor Dirksen, Councilors
Harding, Sherwood, Wilson, and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
There were none.
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Prosser noted that these items will
be discussed under Agenda Item 6 - Non-
Agenda Items.
2. Review Community Development Director Coffee The public hearing is
Proposed Goal introduced this item. Associate Planner Igarta scheduled for the December
5 Habitat- briefed the Council on proposed code amendments 12, 2006 Council meeting.
Friendly that will be considered at the December 12, 2006
Development Council meeting.
Provisions
Councilor Harding complimented City planning
staff, noting that at the September Goal 5 Regional
meeting, Tigard was mentioned as being on target
and ahead of other cities in the region on
implementing habitat-friendly development code
provisions.
Tigard City Council Workshop Meeting Minutes - November 21, 2006 1
Agenda Item Discussion & Comments Action Items follow u
Planner Igarta reviewed the process. He said the
proposed amendments result from Metro assuming
responsibility for regional resources under statewide
Goal 5 and adopting Title 13 (Nature in
Neighborhoods) as part of the Urban Growth
Management Functional Plan. This plan was
acknowledged in October, 2006 by the State Land
Conservation and Development Commission
(LCDC). Following LCDC acknowledgement, local
jurisdictions within Metro must apply Metro
requirements rather than the requirements of
Statewide Goal 5.
Associate Planner Igarta said these code
amendments encourage the use of habitat-friendly
development methods through implementation of
the Tualatin Basin Fish & Wildlife Habitat Program.
City staff determined that many of the provisions
are already being met by Tigard's current code. Staff
brought code amendment recommendations to a
public hearing at the Planning Commission's
October 16, 2006 meeting.
Associate Planner Igarta reviewed the public hearing
recommendations. He displayed a map showing
significant habitat areas in the region. Code
amendments include adopting this inventory to
Volume 1 of Tigard's Comprehensive Plan and
adopting habitat-friendly development provisions in
the Development Code.
There were questions from the Council regarding
the accuracy of the map and how changes to it
would be indicated. In response to a question from
Councilor Wilson about the fluidity of the map,
Associate Planner Igarta said it was, "a general
location map and the City would need to maintain
it."
Councilor Wilson urged that easements not be put
on private lots as this can create problems. He said
developers will do that so they can get the number
of lots they want, but this causes problems with
homeowners. He also said that language such as
"strictly limit" or "lightly limit" was vague and
Tigard City Council Workshop Meeting Minutes - November 21, 2006 2
Agenda Item Discussion & Comments Action Items follow u
confusing. He suggested that, for example, "high
quality," would be a better way to indicate quality of
habitat.
Mayor Dirksen noted that the word, "must" was
used in Section 6, and asked why it was used if
compliance was voluntary. Planning Commission
Member Buchner said the Planning Commission
tried to remove such language but may have missed
some. Community Development Director Coffee
said they would look into the language used.
Associate Planner Igarta said the Planning
Commission voted to recommend that Council
approve the provisions with the following minor
modifications.
*The Tualatin Basin Partners recommended that
all development be transferred from habitat areas to
remaining buildable areas on a site. The Planning
Commission was concerned about the potential for
incompatible development in neighborhoods.
The Planning Commission felt it was important that
appropriate design standards and a review process
be determined to ensure that proposed density
transfers will be compatible with the surrounding
neighborhoods.
Councilor Woodruff asked about density and why it
would be in Tigard's best interest to allow more.
Mayor Dirksen asked why we would transfer density
from a wetland where you can't build anyway to
another area.
•Another issue was that the report recommended all
projects within the CleanWater Services Healthy
Streams Plan be permitted outright without
requiring a Sensitive Lands Review.
Associate Planner Igarta said that public testimony
expressed concern about losing that formal local
process for public input. The Planning Commission
recommended this exemption be removed from the
proposed code amendments.
Tigard City Council Workshop Meeting Minutes - November 21, 2006 3
Agenda Item Discussion & Comments Action Items follow u
Community Development Director Coffee noted
that Mr. Igarta was taking another job with City of
Portland. He acknowledged Mr. Igarta's work, not
only on the code amendments, but on the
Streetscape Plan and the downtown process.
3. Long Range Planning Manager Bunch discussed a Council consensus was to
Memorandum Memorandum of Understanding between look at this agreement more
Between Washington County, its jurisdictions and Service carefully and delay signing it
Washington Districts, to Not Extend Services to Development until the concerns are
County, its Outside the Urban Growth Boundary that Result addressed.
Jurisdictions from Measure 37 Claims.
and Service
Districts, to He said some cities have already signed the
Not Extend agreement but after a review of Washington
Services to County's legislative agenda, staff recommends a "go
Development slow" approach. Concerns identified are:
Outside the *Oregon Statutes, Oregon Administrative Rules and
Urban Growth Metro's own functional plan already prohibit the
Boundary that provision of services outside the urban growth
is the Result of boundary. Why is this signed agreement necessary?
Measure 37 •The MOU references County policies but the
Claims policies are not delineated. What if policies change?
Olt doesn't address exception land, which is where a
lot of development occurs.
*In the service district listing, only two of five water
districts are listed.
•Washington County says it will coordinate with
Metro's New Look, but we don't know at this point
in time what that New Look process will be.
•Rural lands are mentioned but not described, and
they are mentioned along with resource lands. But
exception lands are not mentioned.
Councilor Woodruff suggested meeting with County
Commissioners to find out what their plan is for the
future and look for ways we can work together on
this.
City Manager Prosser said discussions have been
held with the city managers group who suggested
the next step should be getting the mayors together,
who could then meet with the County Commission.
Tigard City Council Workshop Meeting Minutes - November 21, 2006 4
Agenda Item Discussion & Comments Action Items follow u
Community Development Director Coffee said the
MOU wording left openings for the county to
change their plan and try to get services outside of
the Urban Growth Boundary. He stated we need to
hear more about this. He said, however, since
Tigard was not likely to be outside or contiguous to
the Urban Grown Boundary, it may not even affect
the City.
Long Range Planning Manager Bunch said
Washington County agreed that there is no urgency
to sign this agreement and the City could take time
to evaluate this and bring it back to Council after
some clarification occurs.
4. Fanno Creek Senior Planner Nachbar presented a PowerPoint Council recommended
Park Master summary on the Fanno Creek Park Master Plan including one citizen member
Plan Request Request for Proposals. A copy of the PowerPoint from the Park and Recreation
for Proposals presentation is in the City Recorders office. He noted Advisory Board and one from
that Fanno Creek Park is a very visible and important the City Center Advisory
part of the downtown plan. It is a 21.8 acre linear Commission on the RFP
park located along the southwestern edge of Tigard's Selection Committee.
downtown from Hall Boulevard on the east to Main
Street on the West. There is the potential to expand
the park including two adjoining floodplain properties.
Expansion of the park supports the goal of restoring
the natural watershed and provides space for a multi-
use public plaza.
Senior Planner Nachbar asked Council for their
review and comments on the RFP and public process.
The deadline to receive proposals is January 5, 2007.
Senior Planner Nachbar discussed the program phases
and schedule. This RFP covers Phases 1 and 2, which
are budgeted. The Master Plan should meet long term
community needs, providing a community gathering
space and the "heart" of the downtown area; which
builds upon the Tigard Downtown Improvement
Plan. The potential urban creek corridor will also be
studied for feasibility in the next few months.
Design challenges:
*Native habitat needs restoration.
*Lacking in definable spaces and limited viewpoints
Tigard City Council Workshop Meeting Minutes - November 21, 2006 5
Agenda Item Discussion & Comments Action Items follow u
•Ecologically fragmented with invasive and non-
native species
*Poorly defined riparian areas
•Access
*Need a gateway to Main Street
•Design guidelines for new development surrounding
the public plaza
Senior Planner Nachbar said Kendra Smith from
CleanWater Services would be on the selection panel
since CWS is a strong participant in the project. He
said CWS will be providing assistance to purchase
floodplain property as well as providing a topographic
survey and a creek hydrology study. CWS will come
up with specific suggestions for changes to the creek
to upgrade its condition. CWS will also be completing
a lot of the restoration work.
Councilor Wilson expressed concerns about keeping
the park accessible to people. While it may be in the
best interests of the creek to plant trees all along the
riparian area, people need to be able to get close to the
creek in places.
Mayor Dirksen asked about having an Interwoven-
mental Agreement with CWS so their role is clearly
stated. Senior Planner Nachbar said CWS would
provide input, but staff would be making the
decisions. Senior Planner Nachbar agreed that an IGA
is a good idea.
Mayor Dirksen mentioned a creek that Lake Oswego
recently restored and suggested a tour, along with
CWS, to see what they did.
Councilor Woodruff said he would like to see the
Tigard Farmers' Market move to the downtown
public plaza when it is completed.
Council recessed at 8:05 p.m. and reconvened
at 8:14 p.m.
Tigard City Council Workshop Meeting Minutes - November 21, 2006 6
Agenda Item Discussion & Comments Action Items follow u
5. Update on Public Works Director Koellermeier introduced Public Works Director
Entry Signs consultants Kurt Lango and Andrea Saven from the Koellermeier said the
Lango-Hansen firm. consultants will attend a
future meeting for continued
Mr. Lango said they worked with preliminary discussion on signage
concepts provided by the City and developed some material choice.
sign design ideas that would be easy to reproduce
and maintain. The monuments are designed to have
seasonal colored annual plantings in front.
Ms. Saven noted that that site suggestions were
narrowed down from eight to three. They
recommend not going with the Highway 99 (at
northern city limits) site yet because of several
challenges including the many competing signs,
private property, and lack of visual clearance.
Council agreed though, that this is their priority site
and encouraged continued research into making this
location work.
Ms. Saven said the Barrows Road/Walnut Street
location does not have as much traffic going by as
Highway 99 does, but it has other advantages. The
sign can be in the right-of-way. The site is a nice
green, open spot, and lots of building is going on in
that area. It would help define the Beaverton/
Tigard boundary.
Highway 99, south of Durham Road is
advantageous because of high traffic and the
monument could be located in the ODOT right-of-
way. It could be at the development where
Albertson's is on the right, or in the ODOT median.
Mr. Lango discussed sign materials. Consultants
designed a pre-cast concrete cap and base, basalt
colored natural stone (or brown/rust colored stone)
and seasonal plantings in front, with uplighting. The
consultants recommend painted wood grouted signs,
with a dark background and lighter lettering.
Councilor Wilson suggested cut metal signs and
after discussion, Council asked them to bring back
pictures of other signs, such as Wilsonville's new
metal sign, for their consideration.
Councilor Sherwood suggested having the words,
Tigard City Council Workshop Meeting Minutes - November 21, 2006 7
Agenda Item Discussion & Comments Action Items follow u
"Thank you for visiting Tigard" on the back of the
sign if it is visible.
Council consensus:
*Preferred the consultant's main suggestion
*All signs should be the same.
*Take out planting at end of monument (in
column).
*Like the logo inset on the column
*Columns with logos could also be used at park
entrances
*Natural stone (not cast) should be used.
*Plants in front of the sign are fine, but not as part
of the sign (too hard to maintain).
*Plant conifers or shrubs behind sign.
•Want to see pictures of signs in materials other
than wood
6. Non-Agenda The following non-agenda items were discussed:
Items
• Councilor Sherwood will attend the Governor's
Council on Alcohol and Drug Abuse visit to
Washington County on November 28, 2006.
• City Manager Prosser verified the emergency
telephone notification protocol for Council
members.
• City Recorder Wheatley will attend the Goal
Setting meeting and it was preferred by Council to
start with lunch.
• Council biographies need to be updated. Please
give current information to Executive Assistant
Bengston as soon as possible.
*Councilor Harding noted that this time of year is
not the best for advertising "opting in" to receive
the Cityscape. She said there are too many
distractions due to the upcoming holidays and
people may not read it.
• The City Attorney review is scheduled for the
December 12, 2006 study session. Mayor Dirksen
recommended getting a legal activity summary from
Tigard City Council Workshop Meeting Minutes - November 21, 2006 8
Agenda Item Discussion & Comments Action Items follow u
the City Attorney for Council to review. He said
Council could make a statement as to how they felt
Legal Counsel is doing or an in-depth review could
be done if desired. Councilor Wilson suggested
getting a cost accounting for the past year as well.
*City Manager Prosser noted that Assistant City
Manager Newton would be attending the CCI
meeting on November 30 and said the County was
proposing a CPO fund. This would be money
individual CPO's could apply for to pay for projects.
• A tentative meeting with the School Board is
scheduled for Monday, January 29, 2007. Mayor
Dirksen and Councilors Sherwood and Harding
indicated they could attend. The School Board is
hosting.
•There is a Fifth Tuesday meeting scheduled for
January 30, 2007, in the Library Community Room.
*Councilor Sherwood suggested that City Manager
Prosser set up a meeting with Washington County
regarding urbanization and provision of services.
*Mayor Dirksen mentioned that he was asked to
testify at the Governor's Task Force on Land Use
Planning - the Big Look, on the issues of
annexation and governance in unincorporated areas.
*Mayor Dirksen recommended that Council have
island annexation discussions and document the
direction Tigard will take. City Manager Prosser
suggested scheduling this discussion for a business
meeting and having what ever strategy is developed
formalized by a resolution.
*Councilor Wilson said he has been the liaison to
the Westside Economic Alliance for the last few
years. He said all the other cities are represented by
their mayors. He asked the Council members if they
agreed to have Mayor Dirksen represent Tigard, and
they concurred.
Tigard City Council Workshop Meeting Minutes - November 21, 2006 9
Agenda Item Discussion & Comments Action Items follow u
*Councilor Woodruff asked City Manager Prosser
to provide a list of all Council liaison committees
and time commitments involved. With a new
Council member coming in he said it was a good
time to review this. City Manager Prosser said staff
has been working on this and he distributed a draft
spreadsheet for Council review.
*City Manager Prosser said results of the Gas Tax
Town Hall meetings will be discussed during the
December 12 study session. A public hearing is
scheduled for December 19, 2006, if Council
decides to go ahead with this.
7. Executive Not held
Session
8. Adjournment The meeting was adjourned at 9:15 p.m. Motion by Councilor
Woodruff, seconded by
Councilor Sherwood, to
adjourn the meeting.
The motion was approved by a
unanimous vote of Council
Present.
Mayor Dirksen Yes
Councilor Harding Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
Carol A. Krager, Deputy City Reco er
Attest:
Mayor, City of Tigard
Date: lam' / q' au
1:1edm% athy1=n120001001121.doc
Tigard City Council Workshop Meeting Minutes - November 21, 2006 10
Cathy Wheatley -Fwd Governor's Council on Alcohol and Drug -Abuse Programs Page 1)
From: Craig Prosser
To: Cathy Wheatley; Joanne Bengtson
Date: 11/15/2006 10:24:42 AM
Subject: Fwd: Governor's Council on Alcohol and Drug Abuse Programs
Pink Sheet Item
Mary Nunnenkamp <Mary_Nunnenkamp@co.washington.or.us> 11/14/2006 7:54 PM
Dear Key Leaders:
Washington County has been selected by the Governor's Council on Drug and Alcohol Abuse Programs
as the location for a site visit. This is a great opportunity for Washington County. The enclosed
attachments will give you an overview of the site visit. Testimony will be provided by treatment providers,
prevention and youth programs, law enforcement, drug court, corrections, schools, faith community,
businesses, and health organizations, to list a few.
<<aGovernor's Council General Information 11-1-06.pdf>> <<bGovernor's Council Letter 11-1-06.pdf>>
You are invited to join the community for the Domino Effect presentation that begins at 11:30am. This
presentation provides a comprehensive review of the economic and social impact of drug and alcohol
abuse in Oregon.
As a key leader in Washington County, you are invited to attend a catered lunch to meet with the
Governor's Council and other key leaders for a less structured conversation. This time with the Council is
your opportunity to share areas of concern for your city or district. Please join us on November 28 for this
very important event. Lunch will be served from noon to 1 pm.
You are also welcome to attend any and all of the testimony.
Thank you in advance. Please RSVP as soon as you can. Mayors, please pass this on to your city
council members.
Thank you again for all your hard work making our community a great place to live, work and raise a
family.
Mary
Mary L. Nunnenkamp, MA
Washington County Commission on Children and Families
Drug and Alcohol Prevention Coordinator
155 N. First Ave. MS 6
Hillsboro, OR 97124
Office: 503-846-4918
Fax: 503-846-4954
mary_nunnenkamp@co.washington.or.us
City Council Appointment Matrix 2007
Committee Name Primary ry . Alternate Rep Meeting Frequency Ex a mation Staff Liaison
Budget Committee All Council 3-4 consecutive Monday Bob Sesnon
evenings in March & April
Reviews the proposed budget with citizen Committee members. Also meets periodically throughout the year on an as-needed basis during a Council
meeting.
Budget Subcommittee- Social
1 meeting in March Bob Sesnon
Services
Reviews applications submitted by social service agencies for contributions from the city. Consists of 1 Council member and 2 citizen-members of the
Budget Committee.
Budget Subcommittee - Events All Council Council Workshop or Study Bob Sesnon
Session in March
Reviews requests for contributions to community events.
City Center Development As needed during Council 2 x/month for 1 hr. Phil Nachbar
A en sessions, ongoing 2 hours month
This committee's role is defined in the City Charter and is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan.
Community Developmt Block 2"`' Thursday of the month Ongoing- appx.
Councilor Sherwood at 7 p.m.. Location rotates 2 hours month Duane Roberts
Grant PoliAdvisoB oard
By IGA, Washington Co. established the Community Development Policy Advisory Board (PAB) to represent the County Consortium, make
recommendations to the County Commissioners on all matters pertaining to the CDBG program. The PAB includes a representative, generally an elected
official, from the County and each of the 11 participating cities in the Co.
Tigard Central Business District Unknown at this time
Informal- will establish
Assoc. Reactivated (Phil or Sean maybe)
The Central Business District Association was formed to revitalize the downtown through efforts in marketing, promotions and general economic
development.
Council Appointment Matrix - Page 1 11/21/06
Committee Name Re Prim rative Alternate Rep Meeting Frequency Ex a mation Staff Liaison
Intergovernmental Water Board Councilor 2nd Wednesday of the
~WIB) Councilor Woodruff Sherwood month, 5:30 p.m., Tigard Dennis Koellermeier
Water Building
To make recommendations to the Tigard City Council on water issues and to carry out other responsibilities set forth in the IGA between Tigard, Durham,
King City and the Tigard Water District. Each jurisdiction is represented by a member and one member is appointed at large:
Mayors Appointment Advisory Jan - June 07 July - Dec 07 Jan -June 08 July - Dec 08 Bob Roth
Committee Councilor Woodruff Councilor Harding Councilor Sherwood Councilor Buehner
The Mayor & 1 Councilor (on a six-month rotation schedule) review applications and interview individuals interested in a board or committee
appointment. Recommendations are forwarded to the Council for ratification.
Metro Hwy 217 Study Policy
Brian Moore 12 times during the study Gus Duenas
Adviso Committee
To look at transportation improvements in the Hwy 217 corridor and recommend improvements and an implementation plan to JPACT, Metro & Oregon
Transportation Committee.
Metropolitan Area 6 times a year, usually
Councilor Harding Nancy Werner Wednesday, 1-5 pm at Nancy Werner
Communications Commission MACC headquarters
MACC is the governing body that oversees the contracts for cable services and TVCTV. The Executive Committee meets separately to make
recommendations to the Commission on administrative issues including budget and the review of the Executive Director.
Metro Policy Advisory Forest Grove Mayor Councilor 2"a and 4`h Wednesday Ongoing Ron Bunch
Committee PAC Kidd Wilson 5-7 p.m. at Metro 4 hours/month
MPAC it is made up of elected representatives are elected by Washington County cities. We may or may not have a representative elected to serve on this
Committee.
Regional Water Providers Quarterly meeting held at
Tom Woodruff Sherwood Dennis Koellermeier
Consortium Metro
Consortium is comprised of all water suppliers in the Portland metro area. The Councilor appointee to this group represents the city on regional policy
issues. A subgroup is studying the potential Bull Run Regional Water Agency.
Council Appointment Matrix - Page 2 11/21/06
Committee Name Re Prim rative Alternate Rep Meeting Frequency Ex a ation Staff Liaison
prp
Transportation Financing Councilor Wilson Ongoing- once every other 1.5 hr. meetings Gus Duenas
Strategies Task Force month
To explore feasible funding strategies and develop recommendations for transportation infrastructure needs, the Task Force is to spearhead efforts to
further develop and implement strate ies with the goal of funding a transportation improvement package.
Tualatin Basin Water Policy Councilor
Councilor Woodruff Sherwood Monthly Dennis Koellermeier
Steering Committee
Wlashington County Coordinating Councilor Harding Gus Duenas 2"a Monday @ noon 1-2 hours per Gus Duenas
Committee Beaverton City Hall month
WCCC reviews and comments on major land use and transportation issues and provides a forum for discussion which results in recommendations for a
coordinated approach between jurisdictions. The Committee has specific authority on the Major Streets Transportation Improvement Program (MSTIP)
and the Countywide Traffic Impact Fee (TIF) program. Representatives to JPAC and MPAC from the County and cities in the Co. will be on the policy
body.
Tualatin Basin Natural 2"d Monday of
Ongoing,
Resource Coordinating Councilor Harding month @ l pm at 1-2 hours month Denver Igarta
Committee NRCC Beaverton Library Provides policy direction for the completion of Metro's regional Goal 5 program. The county and cities within the county are developing a common
approach to Metro's Goal 5 program. Representatives include elected officials from the county and cities.
Wlestside Economic 3`d Thursday of
Alliance Councilor Wilson Councilor Sherwood month at 7:30 a.m. Ron Bunch
locations vary
The Alliance's primary purpose is to create an environment conducive to business growth. A proactive organization working to confront and influence
decisions on policies and re ations impacting the economic vitality of the area.
Willamette River
Councilor Wilson Councilor Sherwood Monthly Dennis Koellermeier
Wlater Coalition
Council Appointment Matrix - Page 3 11/21/06
cAdocu rnents and settings\joanne\desktop\appunatrix with description 2007.doc 1 m106
Council Appointment Matrix - Page 4 11/21/06
MEMORANDUM
A
TO: Mayor and City Council
FROM: Tom Coffee, Community Development Director~~~
RE: Land Use Decisions
DATE: November 21, 2006
Because there will be no Council Newsletter this week, the attached land use decisions are
provided in this format for your information.
MEMORANDUM
F4
TO: Craig Prosser, City Manager
FROM: Patty Lunsford, Planning Secretary
RE: Land Use Decisions through November 20, 2006 (Total Decisions: 3)
DATE: November 20, 2006
Decision Issued: 11/14/2006
Final Appeal Date: 11/30/2006
120 DAYS: 2/7/2007
SITE DEVELOPMENT REVIEW (SDR) 2006-00007
- DICK'S SPORTING GOODS STORE -
The Planning Manager has APPROVED, Subject to Conditions (attached, a request for Site Development
Review approval for an approximately 90,000 square foot replacement of the existing Mervyn's Department
Store in the Washington Square Mall. The proposed development will be built on the existing footprint, two
stories and 60 feet in height.
LOCATION: 9302 SW Washington Square Road; WCTM 1512600, Tax Lot 300.
(Vicinity Map Below)
(Plot Plan/Map Attached)
PICINI'lY \L~P
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DICK'S SPORTING
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ZONING DESIGNATION: MUC: Mixed-Use Commercial District. The MUC zoning district includes land
around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include
office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50
unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630,
18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810.
h:\patty\eouncil\11-20-2006 Council Newsletter N4emo.doc (Corer Page 1 of 3)
SDR2006-00007 ➢ CONDITIONS OF APPROVAL Q
DICK'S SPORTING GOODS STORE (PAGE 1 OF 3)
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: GARY
PAGENSTECHER 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal
the required information is found:
1. Prior to issuance of building permits, the applicant shall submit a detailed construction schedule to the City
Forester with notations as to when tree protection devices will be either installed or removed throughout
construction of the project.
2. Prior to issuance of building permits, a note shall be placed on the final set of construction plans indicating
that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-
related activities shall not be located inside of any tree protection zone.
3. Prior to issuance of building permits, the applicant shall install all proposed tree protection fencing. The
fencing shall be inspected and approved by the City Forester prior to commencing any site work. The tree
protection fencing shall remain in place through the duration of all of the building construction phases, until
final building inspection approval.
4. Prior to issuance of building permits, the applicant shall submit a revised site plan and details demonstrating
that the drop off edges located at the perimeter of the proposed loading area are protected.
5. Prior to issuance of building permits, the applicant shall submit a revised site plan that shows 16 parking
spaces reserved for carpool vanpool parking located as close to the building entrances as possible, second
in priority to ADA parking.
6. Prior to issuance of building permits, the applicant shall submit a revised site plan that shows the compact
parking spaces striped and marked as "compact" or with a large "C". The site plan shall also show typical
dimensions for the parking spaces in conformance with these standards. In addition, the plan shall show
wheel stops located three feet back from the front of the stalls for the row of parking spaces located along
the east edge of the adjacent parking structure.
7. Prior to issuance of building permits, the applicant shall submit a revised site plan that shows 27 bicycle rack
spaces for the proposed building, including an elevation detail showing the design of the bike rack. If the Mall
already provides 357 bike parking spaces, no additional bike spaces will e required.
8. Prior to issuance of building permits, the applicant shall submit plans or documents detailing the location and
size of the recyclables storage area, as well as the comprehensive recycling methods that will be used, as
specified in Tigard Development Code (TDC) Section 18.755.050.
9. Prior to issuance of building permits, the applicant shall submit a revised landscape plan for the proposed
street trees along the ring road. Said trees are to be selected from the Tigard Street Tree Planting List and
meet the applicable size and spacing requirements.
10. Prior to issuance of building permits, the applicant shall submit a revised site and/or landscape plan and
details that identifies the location, material and height of the trash enclosure that meets the requirements of
Section 18.745.050(E)(4). Additional screening may be required as necessary to ensure compliance with this
standard.
11. Prior to issuance of building permits, the applicant shall submit a revised landscape plan that shows
proposed landscape islands that allow for ample soil volume (based on the AIA Architectural Graphic
Standards) so the trees can grow to maturity in a relatively healthy state. The applicant shall provide
methods for irri gation in the landscape documents and identify appropriate parking lot tree species to
ensure their viability and to maximize canopy coverage.
SDR2006-00007 ➢ CONDITIONS OF APPROVAL Q
DICK'S SPORTING GOODS STORE (PAGE 2 OF 3)
12. Prior to issuance of building permits, the applicant shall submit a revised site plan that shows the width of
existing and proposed walkways, correcting any existing deficiencies to meet the 4-foot minimum width
with hard surfaced paving material and closing all gaps within the interior walkway system including
crossings of the access way from the proposed building to the parking structure stairway to the north and to
the TriMet transit station to the northeast.
13. Prior to issuance of building tpermits, the applicant shall submit a revised landscape plan that shows all trees
planted will be a minimum 2-1/2-inch caliper size at a maximum spacing of 28 feet, and shrubs shall be of a
size and quality to achieve the required landscaping or screening effect within two years.
14. Prior to issuance of building permits, The applicant shall submit revised plans and details that demonstrate
that any mechanical rooftop equipment will be setback from the roof edge 3 feet for each foot in the
equipment's height or will otherwise be screened from view from street level.
15. Prior to issuance of building permits, the applicant shall submit revised north and east elevations such that
the area between 18 and 43 feet in height provides sufficient architectural character according to the
standards set forth in TDC Section 18.630.060.A.2.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
16. Prior to issuance of a site permit, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany
Stewart, Engineering).
17. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection
prior to issuance of the City's Public Facility Improvement permit.
18. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and
Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be
submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site
permit.
19. An erosion control plan shall be provided as part of the Site Permit drawings. The plan shall conform to the
"Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO FINAL BUILDING INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the CURRNT PLANNING DIVISION, ATTN: GARY
PAGENSTECHER 503-639-41711, EXT 2434. The cover letter shall clearly identify where in the submittal
the required information is found:
20. Prior to final building inspection, the applicant shall have completed the walkway improvements as indicated
in their revised site plan.
21. Prior to final building inspection, the applicant shall submit a final certification indicating the elements of
the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable
in their modified growing environment. If any tree (or trees) is determined to be unhealthy, unstable or not
able to survive the trauma caused by the construction activities, the City may pursue further appropriate
measures, which may include tree replacement at the expense of the applicant.
SDR2006-00007 ➢ CONDITIONS OF APPROVAL Q
DICK'S SPORTING GOODS STORE (PAGE 3 OF 3)
The applicant shall prepare a cover letter and submit it, along with any su pportingg documents and/or
plans that address the following requirements to the ENGINEERING D I'ARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
22. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a
maintenance agreement with Contech/Stormwater Management, or another company that demonstrates
they can meet the maintenance requirements of the manufacturer, for the proposed on-site storm water
treatment facility.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO INSTALLING ANY SIGNAGE:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: GARY
PAGENSTECHER 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal
the required information is found:
23. Prior to installing any signage, the applicant shall submit sign permit applications for review, noting that the
maximum height of the sign may not extend above the roofline, as presently shown for the east elevation
sign.
THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18)
MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION.
Decision Issued: 11/20/2006
Final Appeal Date: 12/06/2006
120 DAYS: 1/18/2007
2.) MINOR LAND PARTITION (MLP) 2006-00001/ADJUSTMENT (VAR) 2006-00075
- FARCAS PARTITION -
The Planning Manager has APPROVED, Subject to Conditions (attached), a request for Minor Land Partition
approval to partition one (1) existing 0.44-acre lot into two (2) parcels for detached single-family dwellings; and for
an Adjustment to the access spacing standard for the proposed driveway on a collector from 200 feet to 38 feet.
LOCATION: 7200 SW Taylors Ferry Road. The subject site is located on the south side of SW Taylors Ferry
Road, between SW 74`h Avenue and SW 70`h Avenue; Washington County Tax Map 1S125DB,
Tax Lot 2300.
(Vicinity Map Below)
(Plot Plan/Map Attached)
FLOR
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'VICINITY 'VICINI-EITI TY
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FARCAS PARTITION
O RD
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Community Development Plot tlate'. Oct 2, 2006: CAmmgiciMAGIC0 APR
ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a minimum lot size of
7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.370 (Variances and Adjustments); 18.390 (Decision-Making Procedures/ Impact
Study); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715
ensity Computations); 18.725 (Environmental Performance Standards); 18.730 (Excetions to Development
Standards); 18.745 (Landscaping and Screening); 18.760 (Nonconforming Situations); 18.765- (Off-Street Parking and
Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
h:\patty\council\11-20-2006 Council Newslener Nlcmo.doc (Cover Page 2 of 3)
MLP2006-00001/VAR2006-00075 ➢ CONDITIONS OF APPROVAL Q
FARCAS PARTITION (PAGE 1 OF 4)
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR
FILL ACTIVITIES:
The a Tat shall prepare a cover letter and submit it, along with any supporting documents and or
plans ghat address he following requirements to the CURRENT PI ANNING DIVISION, ATTN:
EMILY ENG (503) 718-2712. The cover letter shall clearly identify where in the submittal the required
information is found:
1. Prior to any site work the applicant shall install all proposed tree protection fencing. The fencing shall be
inspected and approved by the City Forester of to commencing any site work. The tree protection fencing
shall remain in place through the duration of all of the building construction phases, until the Certificate of
Occupancy has been approved.
If the Builder is different from the Developer or initial applicant.
Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the
trees that were preserved on the lot during site development, location of tree protection fencing, and a signature
of approval from the project arborist regarding the placement and construction techniques to be employed in
building the structures. All proposed protection fencing shall be installed and insppecte prior to commencing
construction. The fencing shall remain in lace through the duration of all of the building construction phases,
until the Certificate of Occupancy has been approved. After approval from the City Forester, the tree
protection measures may be removed.
2. Prior to any Certificates of Occupancy, the applicant shall ensure that the Project Arborist has submitted
written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ)
fencing installation, through the buildin construction phases, as he monitors the construction activities and
progress. This inspection will be to eva~uate the tree protection fencing, determine if the fencing was moved
at any point during construction, and determine if any part of the Tree Protection Plan has been violated.
These reports must be provided to the City Forester until the time of the issuance of any Certificates of
Occupancy. The reports shall include any changes that occurred to the TPZ as well as the condition and
location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall
justify why the fencing was moved, and shall certify that the construction activities to the trees did not
adversely impact the overall, long-term health and stability of the tree(s).
If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the
TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can
stop work on the project until an inspection can be done by the City Forester and the Project Arborist. Prior to
issuance of any Certificates of Occupancy, the Project Arborist will submit a final certification indicating the
elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable
and viable in their modified growing environment.
3. The applicant shall submit a tree mitigation plan. The required tree mitigation is 38 caliper inches. The
applicant may plant trees onsite, offsite, or pay a fee-in-lieu at the rate of $125 per caliper inch (38 inches x
$125 = $4,750.00). Any tree mitigation plan must be approved by the City Forester. Only trees spaced 20 feet
on center or greater will be counted towards mitigation unless otherwise approved by the City. The trees must
have enough soil volume and growing space to allow them to reach full maturity without becoming a nuisance
or a danger to surrounding structures, utilities, hardscape, etc. Unless otherwise approved by the City, only
two mitigation trees may be planted in a single backyard and only one tree per front yard.
In order to develop tree species diversity onsite the following guidelines apply to street trees:
• No more than 30 /o of any one family be planted onsite.
• No more than 20% of any one genus be planted onsite.
• No more than 10% of any one species be planted onsite.
4. Prior to beginning site work, the applicant shall submit a cash assurance, bond, or other means of ensuring
compliance with the required mitigation in the value of $4,750.00 (38 caliper inches x $125 per caliper inch).
Two years after the date of final plat approval, the applicant will be refunded the amount of cash assurance for
trees that have been planted in accordance with 18.790.060.13 and remain healthy. For any mitigation trees
that are not roperly planted and not healthy, the applicant shall pay the remaining value of the assurance as a
fee in lieu olplanting. In addition, if the applicant saves more trees than indicated on the tree protection plan,
the mitigation cost will be reduced according to code standards.
MLP2006-00001/VAR2006-00075 ➢ CONDITIONS OF APPROVAL Q
FARCAS PARTITION (PAGE 2 OF 4)
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM
MCMILLAN 503-639-41715 EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
5. Prior to commencing onsite improvements, the applicant shall obtain a facility permit from the Department of
Land Use and Transportation of Washington County, to perform work within the right-of-way of Taylors
Ferry Road. Submittal requirements are outlined in the October 17, 2006 memo from Naomi Vogel-Beattie,
Associate Planner. A copy shall be provided to the City Engineering Department prior to issuance of a Public
Facility Improvement (PFI) permit Permit.
Submit three sets of complete engineering plans to the County and one set to the City for construction of
the following public improvements:
A. Concrete sidewalk to County standard along SW Taylors Ferry Road site frontage.
B. Access to SW Taylors Ferry Road to County Standards.
C. Improvements within the right-of-way as necessary to provide adequate intersection sight distance at
SW Taylors Ferry Road access point.
D. Closure of all existing driveways to SW Taylors Ferry Road, other than at the access point approved
by Washington County under the current land use application.
E. Adequate roadway drainage along SW Taylors Ferry Road frontage (to include cleaning, grading and
shaping of the ditch).
F. Adequate illumination at the site's access to SW Taylors Ferry Road. Adequate illumination shall
consist of at least one 200 watt high pressure sodium cobra head luminaire mounted at a minimum
mounting height of 20 feet on existing utility poles if available. Additional requirements as outlined
in the October 17, 2006 memo from Naomi Vogel-Beattie, Washington County Associate Planner.
6. The applicant shall coordinate with Washington County to determine the ROW dedication (beyond 37 feet
from centerline) to provide adequate corner radius.
7. The applicant shall provide connection of proposed parcels to the public sanitary sewerage system. A CWS
connection permit is required to connect to the existing public sanitary sewer system in Taylors Ferry Road. A
City of Tigard connection permit is required to connect to the existing public sanitary sewer system in Shady
Court.
8. The applicant shall obtain al~proval from the Tualatin Valley Water District for the proposed water connection
prior to issuance of the City s Public Facility Improvement permit.
9. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings.
The plan shall conform to the Erosion Prevention and Sediment Control Design and Planning Manual,
February 2003 edition."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
The applicant shall prepare a cover letter and submit it, along with an su porting documents and or
plans that address the following requirements to the CURRENT Pp G DIVISION, ATTN:
EMILY ENG (503) 718-2712. The cover letter shall clearly identify where in the submittal the required
information is found:
10. The applicant shall provide written approval from the Fire Marshall to show that the location of the fire
hydrant and length of the accessway is suitable for fire-fighting. Contact John Dalby at (503) 356-4723.
11. The applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12"
diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed
restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision
should either die or be removed as a hazardous tree.
MLP2006-00001/VAR2006-00075 ➢ CONDITIONS OF APPROVAL Q
FARCAS PARTITION (PAGE 3 OF 4)
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
12. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineering).
13. Provide a non-access reservation along SW Taylors Ferry Road frontage, except at the access point approved
in conjunction with this land use application.
14. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all
common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds.
The agreement shall be approved by the Engineering Department prior to recording.
15. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's
global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey
records. These monuments shall be on the same line and shall be of the same precision as required for the
subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to grid north. These coordinates can
be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
16. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to
practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering
Permit Technicians, at (503) 639-4171, ext. 2421).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the
Oregon Revised Statutes (ORS 92.05), Washington County, and byy the City of Tigard.
D. The right-of-way dedication for Taylors Ferry Road, providing 37 feet from centerline minimum,
shall be made on the final plat. The additional right-of-way dedication to provide adequate corner
radius shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive notice
from the Engineering Department indicating that the City has reviewed the final plat and submitted
comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for
City Engineer signature (for partitions), or City Engineer and Community Development Director
signatures (for subdivisions).
17. The applicant shall obtain a Washington County Facility Permit. Refer to instructions by Naomi Vogel-Beattie
in the document included with this decision.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF SITE OR BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the CURRENT PLANNING DIVISION, EMILY ENG
(503) 718-2712. The cover letter shall clearly identify where in the submittal the required information is
found:
18. The applicant shall revise the site plan to show that the proposed dwelling on Parcel 1 will meet development
standards in an R-4.5 zone. The setbacks shall be not less than the following: front- 20 feet; east side- 5 feet;
west side- 15 feet (for a corner lot); and rear-15 feet. The applicant shall indicate the height of the dwelling,
which shall not exceed 30 feet.
19. The applicant shall revise the site plan to correct the vision clearance triangle according to the diagram for a
private access in 18.795.040.B.
MLP2006-00001/VAR2006-00075 ➢ CONDITIONS OF APPROVAL Q
FARCAS PARTITION (PAGE 4 OF 4)
20. The applicant shall provide a planting plan to indicate new street trees along the frontage on SW Taylors Ferry
Road and along the private driveway at the appropriate size and spacing per 18.745.040.C. The applicant may
use existing street trees as new street trees by applying for a Type f landscaping adjustment.
21. Street trees shall be chosen from the City of Tigard's Street Tree List unless otherwise approved by the City
Forester. The City Forester has recommended planting native species of trees as street trees, such as Big Leaf
Maple, Cascara or Oregon White Oak. Properly sized oaks can be found at River Oak Farm & Nursery. Call
Diane at 503-357-2745.
In order to develop tree sPecies diversity onsite the following guidelines apply to street trees:
• No more than 30 /o of any one family be planted onsite.
• No more than 20% of any one genus be planted onsite.
• No more than 10% of any one species be planted onsite.
22. The applicant shall indicate what type of screening will be used along the shared driveway. The applicant shall
indicate the type and height of screening on the planting plan. Screening shall comply with 18.745.050.B.5.
The height of a_ fence or wall, if used, shall not exceed 6 feet or obstruct the vision clearance area.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
23. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a
"photomylar" copy of the recorded final plat.
24. Prior to issuance of building permits the road improvements required shall be completed and accepted by
Washington County.
25. Prior to issuance of building permits, the applicant must provide Washington County with final certification of
adequate sight distance in accordance with County Code, prepared and stamped by a registered professional
engineer.
26. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be
submitted to and accepted by the City prior to issuance of a building permit.
27. The a pplicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists
the aTdresses that are served by the given driveway or street.
28. During issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an on-site water
quality and water quantity facility. The fee is based on the total area of new impervious surfaces.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the CRRENT PLANNING DIVISION, EMILY ENG
(503) 718-2712. The cover letter shall clearly identify where in the submittal the required information is
found:
29. All landscaping shall be complete and in conformance with the final approved plans. A member of the
planning division shall conduct a walkthrough the site to ensure that this condition is met.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL
SECTION OF THIS DECISION.
Decision Issued: 11/21/2006
Final Appeal Date: 12/ 7/2006
120 DAYS: 1/16/2007
3.) SITE DEVELOPMENT REVIEW (SDR) 2006-00002/VARIANCE (VAR) 2006-00084
- GOODWILL INDUSTRIES CENTER -
The Planning Manager has APPROVED, Subject to Conditions (attached), a request for Site Development
Review approval to construct a new retail/donation facility on a 2.61 acre site. The building will be
approximately 21,653 square feet. Two buildings currently exist on the site. The 4,620 square foot auto care
center will remain and the 20,835 commercial building will be demolished. An Adjustment to the access
spacing standard has also been approved for the access onto SW McDonald Street from the standard of 200
feet to 85 feet.
LOCATION: 13900 SW Pacific Hwy.; Washington County Tax Map 2S103DD, Tax Lot 1201.
(Vicinity Map Below)
(Plot Plan/Map Attached)
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ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to
accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where
non-conformingg, residential uses are limited to single-family residences which are located on the same site as a
permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair
and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,
are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters
18.360, 18.370, 18.390, 18.530, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810.
h:\patty\council\11-20-2006 Council Newsletter \1emo.doc (Corer Page 3 of 3)
SDR2006-00002/VAR2006-00084 ➢ CONDITIONS OF APPROVAL Q
GOODWILL INDUSTRIES CENTER (PAGE 1 OF 3)
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO THE ISSUANCE OF SITE PERMITS:
Submit to the Planning Division (Cheryl Caines, 639-4171, ext. 2437) for review and approval:
1. Prior to site work, the applicant must show proof from the Department of Environmental Quality that the
conditions raised in the Environmental Assessment Report submitted by the applicant have been resolved. The
applicant shall provide documentation from DEQ that the development can proceed as proposed.
2. Prior to any site work the applicant shall install all proposed tree protection fencing. The fencing shall be
inspected and approved by the City Forester prior to commencing any site work. The tree protection
fencing shall remain in place through the duration of all of the building construction phases, until the
Certificate of Occupancy has been approved.
If the Builder is different from the Developer or initial applicant:
Prior to issuance of building permits, the applicant shall subtrut site plan drawings indicating the location of
the trees that were preserved on the lot during site development, location of tree protection fencing, and a
signature of approval from the project arborist regarding the placement and construction techniques to be
employed in building the structures. All proposed protection fencing shall be installed and inspected prior
to commencing construction. The fencing shall remain in place through the duration of all of the building
construction phases, until the Certificate of Occupancy has been approved. After approval from the City
Forester, the tree protection measures may be removed.
3. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written
reports to the City Forester, at least once every two weeks, as the Project Arborist monitors the construction
activities from initial tree protection zone (TPZ) fencing installation through the building construction
phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if
any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the
amount of TPZ was reduced, then the Project Arborist shall justify why the fencing was moved and shall
certify that the construction activities did not adversely impact the overall, long-term health and stability of
the tree(s). If the reports are not submitted to the City Forester at the scheduled intervals, and if it appears
the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City
can stop work on the project until an inspection can be done by the City Forester and the Project Arborist.
Prior to issuance of any Certificates of Occupancy, the Project Arborist will submit a final certification
indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are
healthy, stable, and viable in their modified growing environment.
4. A revised landscape plan must be provided for review and approval showing landscaping that meets the vision
clearance requirements.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval:
5. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to
cover half-street improvements and any other work in the public right-of-way. Six (6) sets of detailed public
improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in
addition to any drawings required by the BuildiNJ) Division and should only include sheets relevant to public
improvements. Public Facility Improvement permit plans shall conform to City of Tigard Public
Improvement Design Standards, which are available t City Hall and the City's web page (ww. ' d-or.gov).
6. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the "Permittee", and who will provide the financial
assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership,
LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering Department will delay processing
of project documents.
7. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facili
improvement permit, indicating that they will construct the following frontage improvements along SW
McDonald Street as a part of this project:
A. street trees spaced per TDC requirements;
B. streetlight layout by applicant's engineer, to be approved by City Engineer,
SDR2006-00002/VAR2006-00084 ➢ CONDITIONS OF APPROVAL Q
GOODWILL INDUSTRIES CENTER (PAGE 2F3)
C. driveway apron and replacement sidewalk; and
D. pavement reconstruction of McDonald Street at proposed driveway, including tapering to provide x-
slope meeting City standards.
8. A profile of McDonald Street shall be required, extending 300 feet either side of the subject driveway showing
the existing grade and proposed grade.
9. Prior to issuance of the Site Permit, the applicant shall obtain an ODOT Approach Road Permit for the
proposed access on Highway 99. A copy of the permit shall be provided to the City Engineering Department.
10. Prior to issuance of the Site Permit, the applicant shall obtain a Miscellaneous Permit from the State of Oregon
Highway. Division, to perform work within the right-of-way of Highway 99. This work shall include the
construction of a 10 foot wide concrete sidewalk, concrete access apron and planting of street trees. A copy of
the permit shall be provided to the City Engineering Department.
11. Prior to issuance of the Site Permit, the applicant shall obtain a Drainage Permit from the State of Oregon
Highway Division, for connection to the state highway drainage facilities. A copy of the permit shall be
provided to the City Engineering Department.
12. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit
construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on
deposit with the Water Department prior to approval of the PFI permit plans from the Engineering
Department and construction of public water lines.
13. Final design plans and calculations for the proposed private water quality facility shall be submitted to the
Engineering Department (Kin McMillan) as a part of the Public Facility Improvement (PFI) permit plans.
14. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and
the Federal Clean Water Act.
15. The applicant shall provide final written approval from TVFR for the proposed site plan, fire hydrant
configuration and fire suppression system.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO THE ISSUANCE OF BUILDING PERMITS:
Submit to the Planning Division (Cheryl Caines, 639-4171, ext. 2437) for review and approval:
16. Prior to building permit issuance the applicant shall submit a revised landscape plan for review and approval
showing an approved street tree species in place of the two Vine Maples currently proposed.
17. The applicant shall submit revised elevation plans showing a solid screen to be installed that will conceal
rooftop HVAC equipment from neighboring residential uses.
18. The applicant shall provide for review and approval a detail of the bike racks to be used.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval:
19. Prior to issuance of building permits, additional right-of-way shall be conveyed to the State of Oregon, by
and through its Department of Transportation, Highway Division, along the frontage of Highway 99 to
increase the right-of-way to 52 feet from centerline. The description shall be tied to the existing right-of-
way centerline. Verification that the conveyance has been submitted to the State shall be provided to the
City Engineering Department. (For additional information, contact Darlene Rose, Oregon Department of
Transportation, Right-of-Way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8517).
20. Prior to issuance of building permits, the applicant shall pay $1399.50 to the City for the striping of the bike
lane along the frontage of McDonald Street.
21. Prior to issuance of the building permits, the design of the raised median for McDonald Street must be
reviewed and approved by the City Engineer.
22. Prior to or at issuance of the building permits, the applicant must request the TIF credits for design of the
raised median.
SDR2006-00002/VAR2006-00084 ➢ CONDITIONS OF APPROVAL Q
GOODWILL INDUSTRIES CENTER (PAGE 3 OF 3)
23. Prior to issuance of building permits, a joint access (internal parking lot driveway connection between
Goodwill and Chevron) shall be shown on a revised site plan. A cross over easement shall be executed and
recorded on City standard forms for all common vehicular access between the two properties. The
agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be
approved by the Engineering Department prior to recording.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO FINAL BUILDING INSPECTION:
Submit to the Planning Division (Cheryl Caines, 639-4171, ext. 2437) for review and approval:
24. Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record a deed restriction to
the effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is
hazardous according to a certified arborist. The deed restriction may be removed or will be considered
invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous
tree.
25. A separate sign permit will be required for all tenant signage prior to installation.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval:
26. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way and obtain
approval from the Engineering Department.
27. Prior to a final buildingg inspection, the applicant shall complete any work in the ODOT right-of-way and obtain
approval from ODOT.
28. The applicant shall either place the existing overhead utility lines along SW McDonald Street underground as a
part ofpthis project, or they shall pay the fee in-lieu of undergrounLS The fee shall be calculated by the
frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is
chosen, the amount will be $ 11,445.00 and it shall be paid prior to final building inspection
29. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance
agreement with Stormwater Management, or another company that they they can meet the
maintenance requirements of the manufacturer, for the proposed onsite storm water treatment facility.
30. Prior to a final building inspection, the applicant's engineer shall provide final sight distance certification for
both driveways.
31. Prior to final building inspection, the applicant shall construct to the site property line the joint access between
the site parcel (Goodwill) and the parcel to the west (Chevron).
CITY OF TIGARD, OREGON
ATTORNEY SERVICES CONTRACT
GENERAL LEGAL COUNCIL SERVICES
This agreement made and entered into this 21" day of December, 2005 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Ramis Crew
Corrigan, LLP hereinafter called Legal Counsel
VVITNESSETH
WHEREAS, City has need for the services of an attorney firm with the. particular training,
ability, knowledge, and experience possessed by Legal Counsel; and
WHEREAS, City has determined that Ramis Crew Corrigan, LLP is qualified and capable of
performing the professional services as City does hereinafter require under those terms and
conditions set forth;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. LEGAL SERVICES TO BE PROVIDED
Legal Counsel agrees to complete work, which is detailed in Exhibit "A" and by this
reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective beginning January 1, 2006, and shall expire,
unless otherwise terminated or extended, on December 31, 2008. This agreement may be
extended at the agreement of both parties for three (3) additional one (1) year terms. In
accordance with the City's Public Contracting Rules the total duration of this agreement
may not exceed five (5) years.
3. COMPENSATION
A. City agrees to pay Legal Counsel in accordance with this section for performance
of services described herein. Payment shall be based upon a detailed monthly
billing showing work performed and identifying specific legal matters worked on.
B. Hourly Rates
The hourly rates shall be as follows:
Partners / Of Counsel $165.00
Senior Associates $145.00
Associates $115.00
Law Clerks / Legal Assistants $ 70.00
Secretarial $ 50.00
Page 1 of 12
Counsel is found by a court of law or any administrative agency to be an
employee of City for any purpose, City shall be entitled to offset compensation
due, or to demand repayment of any amounts paid to Legal Counsel under the
terms of this Agreement, to the full extent of any benefits or other remuneration
Legal Counsel receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required or make (to Legal Counsel or
to a third party) as a result of said finding.
B. The undersigned Legal Counsel hereby represents that no employee of the City,
or any partnership or corporation in which a City employee has an interest, has or
will receive any remuneration of any description from Legal Counsel, either
directly or indirectly, in connection with the letting or performance of this
Agreement, except as specifically declared in writing.
C. Legal Counsel certifies that it currently has a City business license or will obtain
one prior to delivering services under this Agreement.
D. Legal Counsel is not an officer, employee, or agent of the City as those terms are
used in ORS 30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Legal Counsel as a material
inducement to enter into this Agreement. Legal Counsel warrants that all its work will be
performed in accordance with generally accepted professional practices and standards as
well as the requirements of applicable federal, state and local laws, it being understood
that acceptance of Legal Counsel's work by City shall not operate as a waiver or release.
Legal Counsel agrees -to indemnify and defend the City, its officers, agents and
employees and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and
witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes
place) that may be asserted by any person or entity which in any way arise from, during
or in connection with the performance of the work described in this contract, except
liability arising out of the sole negligence of the City and its employees. Such
indemnification shall also cover claims brought against the City under state or federal
worker's compensation laws. If any aspect of this indemnity shall be found to be illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
8. INSURANCE
A. Legal Counsel, and its subcontractors, shall maintain insurance acceptable to City
in full force and effect throughout the term of this contract. Such insurance shall
cover all risks arising directly or indirectly out of Legal Counsel's activities or
work hereunder, including the operations of its subcontractors of any tier.
Page 3 of 12
5. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile
Insurance policies and other policies the City deems necessary shall
include the City, its officers, directors, and employees as additional
insureds with respect to this contract.
6. Extended Reporting Coverage
If any liability insurance required by this contract is arranged on a "claims
made" basis, Extended Reporting coverage will be required at the
completion of this contract to a duration of 24 months or the maximum
time period the Legal Counsel's insurer will provide if less than 24
months. Legal Counsel will be responsible for furnishing certification of
Extended Reporting coverage for 24 months following contract
completion. Continuous "claims made" coverage will be acceptable in
lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract.
7. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate
limits or intent not to renew insurance coverage without 30 days' written
notice to the City. Any failure to comply with this provision will not
affect the insurance coverage provided to the City. A 30' days' notice of
cancellation provision shall be physically endorsed on the policy.
8. Insurance Carrier Rating
Coverages provided by the Legal Counsel must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the
right to reject all or any insurance carrier(s) with an unacceptable financial
rating.
9. Certificates of Insurance
As evidence of the insurance coverage required by this contract, the Legal
Counsel shall furnish Certificates of Insurance to the City. No contract
shall be effected until the required certificates have been received and
approved by the City. The certificate will specify and document all
provisions within this contract. A renewal certificate will be sent to the
address listed in this section 10-days prior to coverage expiration.
10. Primary Coverage Clarification
The parties agree that Legal Counsel's coverage shall be primary to the
extent permitted by law. The parties further agree that they consider
insurance maintained by the City as excess and not contributory insurance
as to the insurance required in this section.
Page 5 of 12
City of Tigard Ramis Crew Corrigan, LLP
Attn: Craig Prosser, City Manager Attn: Timothy V. Ramis
Mail: 13125 SW Hall Blvd. Mail: 1727 NW Hoyt Street
Tigard, Oregon 97223 Portland, Oregon 97209
Phone: (503) 6394171 Phone: (503) 222-4402
Fax: (503) 684-7297 Fax: (503) 243-2944
Email Address: craig@tigard-or.gov Email Address: timrna rcclayr ers.com
and when so addressed, shall be deemed given upon deposit in the United States mail,
postage prepaid. In all other instances, notices, bills and payments shall be deemed given
at the time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills and payments are to be given by giving written notice
pursuant to this paragraph. All bills and payments shall be sent to the attention of the
City's Senior Accountant at 13125 SW Hall Blvd., Tigard, Oregon 97223.
11. MERGER
This writing is intended both as a final expression of the Agreement between the parties
with respect to the included terms and as a complete and exclusive statement of the terms
of the Agreement. No modification of this Agreement shall be effective unless and until
it is made in writing and signed by both parties.
12. TERMINATION WITHOUT CAUSE
At any time and without cause, as authorized under Tigard Municipal Code 2.60.010, the
City shall have the right in its sole discretion, to terminate this Agreement by giving
notice to Legal Counsel. If City terminates the contract pursuant to this paragraph, it
shall pay Legal Counsel for services rendered to the date of termination. Termination by
City must be done by motion of the City Council.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to
Legal Counsel, or at such later date as may be established by City, under any of
the following conditions:
1. If City funding from federal, state, local, or other sources is not obtained
and continued at levels sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds.
2. If federal or state regulations or .guidelines are modified, changes, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Agreement.
3. If any license or certificate required by law or regulation to be held by
Legal Counsel, its subcontractors, agents, and employees to provide the
services required by this Agreement is for any reason denied, revoked or
not renewed.
4. If Legal Counsel becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Legal Counsel, if a receiver or trustee is
Page 7 of 12
construed as a waiver or relinquishment to any extent of its rights to assert or rely upon
such terms or rights on any future occasion.
17. ATTORNEYS' FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties
agree that the losing party shall pay such sum as the court may adjudge reasonable
attorney fees and court costs, including attorney's fees and court costs on appeal.
18. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of
the laws of the State of Oregon. Any action or suits involving any question arising under
this Agreement must be brought in the appropriate court of the State of Oregon.
19. COMPLIANCE WITH APPLICABLE LAW
Legal Counsel shall comply with all federal, state and local laws and ordinances,
applicable public contracts, and to the work to be done under this contract.
20. CONFLICT. BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there by any
conflict between the terms of this instrument in the proposal of the contract, this
instrument shall control and nothing herein shall be considered as an acceptance of the
said terms of said proposal conflicting herewith.
21. AUDIT
Legal Counsel shall maintain records to assure conformance with the terms and
conditions of this Agreement, and to assure adequate performance and accurate
expenditures within the contract period. Legal Counsel agrees to permit City, the State of
Oregon, the federal government,. or their duly authorized representatives to audit all
records pertaining to this Agreement to assure the accurate expenditure of funds.
22. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or
invalid by any court of competent jurisdiction, the remainder of this Agreement shall
remain in full force and effect and shall in no way be affected or invalidated thereby.
23. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the
parties. No waiver, consent, modification, or change of terms of this Agreement shall
bind either party unless in writing and signed by both parties. Such waiver, consent,
modification, or change if made, shall be effective only in specific instances and for the
specific purpose given. There are no understandings, agreements, or representations, oral
or written, not specified herein regarding this Agreement. Legal Counsel, by the
signature of its authorized representative, hereby acknowledges that he has read this
Agreement, understands it and agrees to be bound by its terms and conditions.
Page 9 of 12
EXHIBIT A
SCOPE OF LEGAL SERVICES
GENERAL ATTORNEY SERVICES
Counsel will be responsible for City legal representation as authorized by the City Council.
Authorization to perform specific tasks will come from the Mayor, City Council, City Manager
or other persons directly authorized by the Mayor, City Council or the City Manager. Counsel
shall appoint an attorney to act as lead attorney. The lead attorney is required to attend all City
Council meetings depending on the content or actions taking place. In the event that the lead
attorney is not available for a meeting, Counsel shall further designate a backup lead attorney to
attend the meetings. Legal Counsel will advise the City Manager with appropriate notice if
neither the lead attorney nor the backup lead attorney is available for a City Council meeting.
1. Unless otherwise specified by the Mayor, City Council, Counsel will be responsible for:
a. Legal aspects of general administration of City business, including preparing and
providing legal opinions, assist with establishment of correct procedures, drafting
and reviewing ordinances, resolutions, contracts, orders, agreements, and other
legal documents, and related tasks needed to support City personnel, Mayor,
Council, and City Manager.
b. Providing sound legal direction on all forms of City business, including, but not
limited to, the following: '
1) Real Property Transactions;
2) Public Financing;
3) Land Use Law;
4) Local Budget Law;
5) Codification of Ordinances;
6) Election Laws;
7) Open Meeting Laws;
8) Public Record Laws;
9) Public Contracting;
10) Franchise Law (i.e. Solid Waste);
11) Annexation Law;
12) Public/Private Partnerships;
13) Oregon Revised Statutes;
14) Public Meeting Law;
15)' General Business Law;
16) Employment Law; and
17) Labor Relations.
c. Training of nonlegal personnel in the performance of legally related tasks in order
to reduce legal expenses.
d. Regular attendance at City Council meetings and attendance at other municipal
meetings on request.
e. Represent the City during litigation or Municipal Court prosecution.
Page 11 of 12
AGENDA ITEM #
FOR AGENDA OF December 20, 2005
CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE AWARD OF CONTRACT FOR GENE LEGAL COUNSEL SERVICES P
PREPARED BY: Joe Barrett DEPT HEAD OK CITY MGR OK v'
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board (LCRB) award a contract for general legal counsel services to Ramis Crew
Corrigan, LLP?
STAFF RECOMMENDATION
Staff recommends that the LCRB award a contract for the City's general legal counsel services needs to Ramis
Crew Corrigan, LLP and authorize the City Manager to negotiate and execute the final agreement.
INFORMATION SUMMARY
The City of Tigard has contracted for general legal counsel services, including legal advice, support, and policy
review, since the City was incorporated in the early 1960's. By doing so, the City is able to secure a broader level
of legal expertise than if the City hired in-house Legal Counsel. This practice has served the City well over the
years and continues to do so to this day.
The City's current contract for general legal services expires on December 31, 2005. In response, a formal Request
for Proposal (RFP) was developed by staff and City Council for the solicitation of a new general legal counsel
services agreement as well as for a new labor attorney services agreement. The RFP was released to the public on
October 3', with advertisements running in both The Oregonian and the October edition of the Oregon State Bar's
monthly publication. Responses were due on October 26`h and the City received four proposals for the general
legal services portion of the RFP, with one of those proposers later withdrawing from consideration for business
reasons.
An evaluation team consisting of the City Council and Executive staff members reviewed and scored the proposals
and conducted interviews with the three proposing firms on November 15''. After the scoring and discussing the
proposals, the evaluation team's conclusion was that Ramis Crew Corrigan best meets the needs and interests of
the City and recommends that the LCRB award the contract for the City's general legal counsel services to
Ramis Crew Corrigan, LLP. The contract period is for two years with three additional one-year option years.
OTHER ALTERNATIVES CONSIDERED
1. Do not award a contract to Ramis Crew Corrigan, LLP and direct staff to conduct a further evaluation of the
firms responding to the RFP.
2. Do not award a contract to Ramis Crew Corrigan, LLP and direct staff to develop and release a new Request for
Proposal.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None.
ATTACHMENT LIST
None.
FISCAL NOTES
For the 2005-2006 Fiscal Year, the City has $144,800 budgeted in the City Attorney Division for general legal
counsel services.
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
October 14, 2003 _
• STUDY SESSION
Council President Dirksen called the meeting to order at 6:30 p.m.
Council Present: Council President Dirksen, Councilors Moore, Sherwood, and Wilson.
➢ City Attorney Review
City Manager introduced this item noting that City Attorney Ramis' firm
(Ramis, Crew, Corrigan and Bachrach) has represented the Council for more
than 20 years. City Attorney Ramis noted his philosophy of prevention; that
is, catch problems early so small issues do not become large ones. He noted
appreciation of the Tigard staff members, who work with the firm to keep legal
costs down by knowing when and how to use legal counsel. He said it was
useful for staff to attempt a first draft on a matter before asking for an
attorney's review. Mr. Ramis referred to the efforts he and his staff has made
to keep legal expenses to a minimum.
Discussion followed on the complexities pertaining to the remaining
undeveloped properties within the City. These land use items will likely be
contentious because these are "difficult" properties to develop and adjacent to
developed areas. Mr. Ramis noted the firm would provide training to Council
members upon request for legal-issue concerns. Councilor Sherwood advised
she may be asking for some information regarding land use issues as it seems as
if recent cases before the Council have been complicated. Council President
Dirksen indicated that he, too, would appreciate some instruction for land use
cases as well.
Consensus of the Council was that the firm was doing a fine job for the City of
Tigard.
• ADMINISTRATIVE ITEMS
- City Manager reported that the Mayor is doing well. It is anticipated he will be able to
return for the Council meeting of October 28.
- City Manager advised of an addition to the Consent agenda: "Item 4.8 - Approve
Amendment to the Personal Services Contract with Ramis, Crew, Corrigan 81 Bachrach,
LLP
Tigard City Council Meeting Minutes - October 14, 2003 Page 1
2. PROCLAMATIONS - Councilor Dirksen issued the following Proclamations
2.1 Proclaim October 2003 as National Arts and Humanities Month
The arts and humanities enhance and enrich all our lives, and affect nearly
every aspect of American life including our economy, social problem solving,
job creation, education, creativity and community livability. With the
concurrence of this City Council, the City of Tigard declares October 2003 as
National Arts and Humanities Month.
2.2 Acknowledge Islamic Heritage Day was held on September 28, 2003
The City of Tigard supports the mission of the Muslim Educational Trust, an
organization dedicated to improving public understanding of Islam and to
dispelling the myths and stereotypes surrounding Islam. With the concurrence of
this City Council, the City of Tigard acknowledges that Sunday, September 28,
2003 was designated as Islamic Heritage Day.
3. VISITOR'S AGENDA
• Tigard High School Student Envoy Angela Jensen presented a report to the City
Council. (A copy of an outline of her presentation is on file with the City
Recorder). Homecoming activities were well attended and very successful.
• Tigard Area Chamber of Commerce President Dan Murphy reviewed the
upcoming activities sponsored by the Chamber of Commerce including the Trick
or Treat event on Main Street on October 31, 3:30 - 5:30 p.m. Volunteers are
needed to help guide people for safe street crossings.
4. CONSENT AGENDA: Motion by Councilor Sherwood, seconded by Councilor
Wilson, to adopt the Consent Agenda as follows:
4.1 Approve Council Minutes for August 12, August 26, September 9, and 16,
2003
4.2 Receive and File:
a. Council Meeting Calendar - October
b. Tentative Agenda
4.3 Amend Resolution No. 02-72 Appointing the Downtown Task Force to
Include Language Referring to a Tualatin Valley Fire and Rescue (TVFUR)
Representative - Resolution No. 03 - 50
4.4 Appoint Kenneth Dawson of Tualatin Valley Fire and Rescue (TVF8tR) to the
Downtown Task Force - Resolution No. 03 - 51
4.5 Appoint Barry Albertson as an Ex-Officio Member on the Park and Recreation
District Advisory Board Representing the Tigard-Tualatin School District -
Resolution No. 03 - 52
4.6 Appoint Janet Gillis to the Tree Board - Resolution No. 03 - 53
4.7 Dedicate Right of Way - SW Beveland Street - Resolution No. 03 - 54
Tigard City Council Meeting Minutes - October 14, 2003 Page 3
4.8 Approve an Amendment to the Personal Services Contract with Ramis, Crew,
Corrigan and Bachrach, LLP
The motion was approved by a unanimous vote of Council present:
Council President Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
5. UPDATE ON THE NEW TIGARD LIBRARY
Library Director Margaret Barnes presented the staff report on this item. She
reviewed construction activity to date, fundraising efforts, and noted the project is on
schedule and on budget.
6. PUBLIC HEARING (QUASI-) UDICIAL) - ZONE CHANGE ANNEXATION
(ZCA) 2003-0002 - BOHAN/COOPER ANNEXATION
REQUEST: The applicants are requesting to annex two (2) parcels of land
containing 1.9 acres into the City of Tigard. LOCATION: 141 15 & 14120
SW Fern Street; WCTM 2S 104BC, Tax Lots 600 and 1900. ZONE: R-7:
Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet,
and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks
and subdivisions are also permitted outright. Some civic and institutional uses are
also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are set out in Community Development Code Chapters
18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222;
and Metro Code Chapter 3.09.
a. Open the Public Hearing
Council President Dirksen opened the public hearing
b. Declarations or Challenges
The Council President read the following:
Do any members of Council wish to report any ex-pane contact or
information gained outside the hearing including any site visits? None
reported.
Tigard City Council Meeting Minutes - October 14, 2003 Page 4
Agenda Item No.
Council Meeting of 10. 1-4.03
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
.1 ~
FROM: Cathy Wheatley, City Recorder
DATE: October 13, 2003
SUBJECT: Addition to the October 14, 2003, Consent Agenda
Attached please find an Amendment to the Personal Services Contract for Ramis, Crew,
Corrigan & Bachrach, LLP. The review of the City Attorney services is scheduled for
discussion during the October 14, 2003, Council Meeting Study Session.
The Consent Agenda has been revised to show the Council will considerapproval of this
amendment as item No. 4.8.
iAadmlpa et'012W31014Vnena • add consent item 4.8 ramis et at.doc
AMENDMENT
CITY OF TIGARD, OREGON
PERSONAL SERVICES CONTRACT
This constitutes an amendment to that AGREEMENT made and entered into on the 24th
day of December, 2000 by and between the CITY OF TIGARD, a municipal corporation
of the State of Oregon, hereinafter called CITY, and RAMIS CREW CORRIGAN &
BACHRACH, LLP, hereinafter called CONTRACTOR.
Exhibit A, Scope of Services, Section A is revised to substitute the following
language:
A. LEGAL COUNSEL will be responsible for CITY legal representation as
authorized by the City Council and/or City Manager. Authorization to
perform specific tasks will come from the Mayor, City Council, City Manager
or other persons directly authorized by the Mayor, City Council or the City
Manager. Timothy V. Ramis will act as lead attorney. Timothy V. Ramis is
referred to herein as the "City Attorney." As lead attorney, Timothy V. Ramis
will attend City Council meetings. If Mr. Ramis is not available for a
meeting, Gary Firestone will attend if possible. Legal Counsel will advise the
City Manager if neither Mr. Ramis nor Mr. Firestone is available for a City
Council meeting.
IN WITNESS WHEREOF, CITY has caused this Amendment to Agreement to be
executed by its duly authorized undersigned officers and CONTRACTOR has executed
this Amendment to Agreement on the date written below.
CITY OF TIGARD
By: , y P(Qs.1,
Date:
By:./~ , City Manager
Date:
CONT CTOR
By• Timothy V. Ramis
Date: l I
Tvr/Tigard/counciVPSAamendment2(100403)
Page 1 - PERSONAL SERVICES CONTRACT AMENDMENT
Agenda Item # 3-
Meeting Date November 21, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Update on City Entryway Signs
Prepared By: Dennis Koellermeier Dept Head Approval: A4 City Mgr Approval: i
ISSUE BEFORE THE COUNCIL
No action is required. Consultants from the landscape architectural firm of Lango Hansen will update the
Council on the status of City entryway signs.
STAFF RECOMMENDATION
No recommendation.
KEY FACTS AND INFORMATION SUMMARY
■ As part of the process to create a new City logo, the Council expressed a desire to install entryway signs
along roadways at key entry points to the City.
■ On July 11, 2006, the Council approved Ordinance No. 06-09 amending the Tigard Community
Development Code to address and allow entryway signs within the City.
■ At its August 8, 2006, meeting the Council discussed hiring a landscape architecture firm to work on
entryway signage.
■ In early September the landscape architecture firm of Lango Hansen was retained to design the
entryway signs, assist with bid preparation, obtain permits, and perform construction management.
■ At tonight's November 21 meeting, consultants from Lango Hansen will update the Council on
entryway sign design, location, and permitting.
OTHER ALTERNATIVES CONSIDERED
None.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow, Community Character & Quality of Life, Community Aesthetics
Goal #1: Identify and implement projects and activities that enhance aesthetic qualities valued by those
who live and work in Tigard.
Planned Action: Install portal areas signage into Tigard to give the community a more defined
entrance by the end of 2005.
ATTACHMENT LIST
None.
FISCAL. NOTES
There is $50,000 in the FY '06-'07 Parks CIP budget for the design and construction of entryway signs. The
services of Lango Hansen will be $12,730, leaving $37,270 remaining in the current-budget for sign
permitting fees, construction, and other related expenses.
Agenda Item #
Meeting Date November 21, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Review Proposed Goal 5 Habitat-Friendly Development Provisions
Prepared By: Denver Igarta Dept Head Approval: 'fCl Alt City Mgr Approval: (e
ISSUE BEFORE THE COUNCIL
Review the Planning Commission's recommendation to adopt amendments to the Tigard Comprehensive Plan and
Community Development Code to encourage habitat-friendly development by implementing the recommendations of
the Tualatin Bann Fish & Wildlife Habitat Program in compliance,with Statewide Planning Goal 5 and Metro Functional
Plan Title 13 Nature in Neighborhoods.
STAFF RECOMMENDATION
Council is requested to review the Planning Commission's recommendation and provide direction to staff to assist it in
making a decision on the matter at its public hearing on December 12, 2006.
KEY FACTS AND INFORMATION SUMMARY
In 2002, Metro completed an inventory of regionally significant riparian corridors and wildlife habitat in accordance
with Statewide Planning Goal 5 procedures and requirements outlined under Oregon Administrative Rule (OAR)
660-023.
Also in 2002 (April), Council approved entering into an intergovernmental agreement with other local Washington
County jurisdictions forming the Tualatin Basin Partners for Natural Places. The purpose for forming the Tualatin Basin
Partnership was to establish a basin-specific habitat protection program by analyzing the impacts locally of allowing,
limiting or prohibiting development within regionally inventoried resource areas. Since 2002, the City of Tigard has
participated on the Tualatin Basin Partners' Steering Committee (comprised of staff representatives) and Natural
Resource Coordinating Committee (comprised of elected local officials).
From 2004-2005, the Tualatin Basin Partners completed a refinement to the resource inventory, an economic, social,
environmental and energy (ESEE) analysis, and adopted a Fish and Wildlife Habitat Program (and map). In September
2005, Metro Council formally approved the Basin Program as a compliance option for Metro Functional Plan Title 13
(Nature in Neighborhoods), which was acknowledged by the State Land Conservation and Development Commission
(LCDC) in October 2006.
In February 2006, City Council authorized signing a new intergovernmental agreement (IGA) extending the Tualatin
Basin Partnership to jointly coordinate implementation of the approved Program. Local jurisdictions must now
implement applicable elements of the Basin program as outlined in the Tualatin Basin Program Implementation Report.
On October 16, 2006, a public hearing was held with the Planning Commission concerning the proposed habitat-
friendly development provisions (CPA 2006-00001 /DCA ,2006-00004). At the hearing, the Planning Commission
voted unanimously to recommend approval of the amendments subject to some modifications to the proposed code
language.
On December 12, 2006, a public hearing will be held with City Council on the proposed amendment. In accordance
with code section 18.390.060.H.4., Council has the final authority to approve, modify or deny the application for
legislative change.
OTHER ALTERNATIVES CONSIDERED
Other alternatives were considered but deemed not viable.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
2006 City Council Goals:
• Revise the City of Tigard Comprehensive Plan
• Consider Opportunities for Major Greenspaces Purchases
Tigard Beyond Tomorrow:
• Growth and Growth Management: Growth will be managed to protect the character and livability of
established areas, protect the natural environment and provide open space throughout the community.
• Urban & Public Services: Open space and greenway areas shall be preserved and protected.
ATTACHMENT LIST
Attachment 1: Staff Memo to City Council
Attachment 2: Staff Report to Planning Commission (PC)
Attachment 3: Summary of Proposed Amendments
Attachment 4: Proposed Significant Habitat Areas Map
Attachment 5: PC Public Hearing Minutes
Attachment 6: Response to Public Hearing Comments
FISCAL NOTES
Not applicable
iAadm\cathy\tonnst20Wcounci1 agenda item summary sheet 06 - june revisicn.doc
Attachment 1
MEMORANDUM
N~V~
TIGARD
TO: City Council
FROM: Denver Igarta, Associate Planner
RE: Proposed Habitat-Friendly Development Provisions
CPA 2006-00001IDCA 2006-00004
DATE: November 7, 2006
This memo transmits the recommendations to City Council made by the Planning Commission at a
public hearing held on October 16, 2006, concerning proposed habitat-friendly development
provisions (CPA 2006-00001 /DCA 2006-00004). At the public hearing, the Planning Commission
voted unanimously to recommend approval of the proposed amendments subject to the
modifications which are described below.
The purpose of this memo is to inform the City Council of the proposed amendments and
modifications made subsequent to the October 16" public hearing in anticipation of Council's
November 2151 worksession and its December 12`h public hearing.
In addition to the Planning Commission recommendation, Metro independently advised the City
offer a simplified process for verifying habitat boundaries to more effectively encourage habitat
protection. The agency's comments were not submitted in time for the Planning Commission's
public hearing. Metro's recommendation is minor in nature and does not substantively change the
proposal as reviewed and recommended by the Planning Commission. Since the proposed
amendment is considered legislative, Council may adopt the changes along with the provisions
recommended by the Planning Commission. Staff recommends this course of action.
Background
Why is the City adopting new Habitat-Friendly Development Provisions?
The proposed amendments result from Metro assuming responsibility for fish and wildlife habitat as
"regional resources" (in compliance with Statewide Goal 5) by adopting Title 13 - Nature in
Neighborhoods as part of their Urban Growth Management Functional Plan, which was
acknowledged in October 2006, by the State Land Conservation and Development Commission
(LCDC). Following LCDC acknowledgement of the Functional Plan, local governments within
Metro must apply Metro requirements rather than the requirements of Statewide Goal 5.
Since 2002, the City of Tigard has collaborated with other local jurisdictions within Washington
County to develop the Tualatin Basin Fish and Wildlife Habitat Program. In September 2005, Metro
incorporated the Tualatin Basin Program as part of the regional Nature in Neighborhoods Program
(Title 13 of the Metro Functional Plan). Basin jurisdictions must now implement applicable elements
of the Tualatin Basin Program by the end of the year.
It is important to emphasize that the proposed habitat-friendly development provisions are aimed at
fulfilling the requirements of Title 13, which sets minimum requirements for preserving riparian and
upland habitat areas. Local jurisdictions may adopt protection and restoration programs that go
beyond the regional program; however, this must be carried out in accordance with standard Goal 5
procedures and be approved independently by LCDC.
What do the Habitat-Friendly Development Provisions Propose?
The proposed amendments will not result in increased development restrictions but will give
property owners and developers the option to take advantage of greater regulatory flexibility in
exchange for the use of habitat-friendly practices. These amendments also remove barriers to
development that incorporate recommended habitat-friendly development techniques.
Status of Existing Regulations
Existing regulations contained in Clean Water Services Design and Construction Standards and the
City's Community Development Code (including protections for drainageways, riparian/vegetated
corridors, wetlands, floodplains, steep slopes, and trees) are more restrictive and therefore supersede
the proposed voluntary habitat-friendly development provisions.
Planning Commission Recommended Changes to Staffs Original Proposal
The Planning Commission has recommended that Council adopt the proposal with the following
modifications.
1. Density Transfer: At the Commission's September 25`h worksession, staff proposed a density
transfer provision based on the Tualatin Basin recommendation (i.e. allow development
potential to be transferred from qualified habitat areas) to augment existing regulations which
provide density transfer/bonuses for the following:
100-yr floodplain, steep slopes and drainageways: Up to 25%;
Wetlands: Up to 100% for land zoned R-12, R-25, and R-40;
Tree retention: 1% bonus for each 2% of canopy cover, up to 20% ; and
Planned developments: 1% bonus for each 5% of the gross site area set aside in
open space, up to 5%.
The Planning Commission decided to recommend to the City Council that code amendments be
deferred until further consideration can be given to establishment of design standards and
review procedures to ensure that proposed density transfers will be compatible with the
surrounding neighborhood. The issue shall be added to the Planning Commission calendar for
further discussion in the near term.
2. Exemption for Projects to Implement CWS Healthy Streams Plan: At the October 16`h Public
Hearing, public testimony was given in opposition to exempting projects which implement
Clean Water Services Healthy Streams Plan from the City's Sensitive Lands provisions since this
would remove the process for citizens to review and comment on proposed actions. Based on
the testimony, the Planning Commission decided to exclude this exemption from the habitat-
friendly development provisions being recommended for approval by Council.
Metro Recommendation
Subsequent to the October 16`h Public Hearing, Metro advised City staff of the need to offer a
simplified map verification process (per Metro Code Section 3.07.1330.G.2.) to applicants who agree
that the adopted Significant Habitat Areas map is accurate. As a result, applicants who agree with the
map would not be required to hire a professional consultant or conduct a detailed on-site
delineation. In response, staff has modified the proposed map verification procedures accordingly.
Public Hearing Comments and Responses
In order to clarify responses to issues raised and comments submitted at the October 16`h Public
Hearing with the Planning Commission, staff has prepared the attached summary (refer to
Attachment 6). Written comments were submitted on October 16`h by the Biodiversity Project of
Tigard.
Council Options
On December 12, 2006, a public hearing will be held with City Council on the proposed
amendments. In accordance with Code Section 18.390.060.H.4, the Council has the final authority
to approve, modify or deny the application for legislative change.
Should the City Council approve or modify the proposed habitat-friendly development provisions,
the City of Tigard would fulfill its obligation, under Metro Title 13, to adopt provisions to facilitate
and encourage the use of habitat-friendly development practices, where technically feasible and
appropriate.
Should the City Council decide not to adopt the proposed amendments (which are based on the
Tualatin Basin recommendations), the City may choose to amend its Comprehensive Plan and
implementing ordinances to adopt Metro's Title 13 Model Ordinance and the Metro Habitat
Conservation Areas Map.
Possible Next Steps
If the proposed habitat-friendly development provisions are adopted, the City Council could elect at
a later time to enhance and expand upon existing regulations and protections beyond the minimum
requirements set by Metro Title 13. Should the City decide to adopt greater limits on development
outside the CWS vegetated corridor, but within inventoried significant habitat areas, it must follow
State Goal 5 procedures and gain approval directly from the State Land Conservation and
Development Commission (LCDC).
Attachment 2
Agenda Item: S. I
Hearin Date: October 16, 2006 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION =a
4.
FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: HABITAT-FRIENDLY DEVELOPMENT PROVISIONS
CASE NOS: Comprehensive Plan Amendment (CPA) CPA 2006-00001
Development Code Amendment (DCA) DCA 2006-00004
APPLICANT: City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
PROPOSAL: Amendments to the Tigard Comprehensive Plan (Volume I) and Community
Development Code (Sections 18.360, 18.370, 18.705, 18.715, 18.765, 18.775, 18.810)
in compliance with Statewide Planning Goal 5 and Metro Title 13 (Nature in
Neighborhoods) to adopt the proposed Significant Habitat Areas Map and to
implement the recommendations of the Tualatin Basin Fish & Wildlife Habitat
Program aimed at encouraging the use of habitat-friendly development practices.
The proposed amendments will not result in increased development restrictions but
will give developers the option to take advantage of greater regulatory flexibility in
exchange for the use of habitat-friendly practices. Amendments will remove barriers
to, and provide code flexibility for, development that incorporates habitat-friendly
techniques.
LOCATION: Citywide
ZONING: CBD, C-G, C-P, I-H, I-L, I-P, MUC, MUE, MUE-1, MUE-2, MUR-1, MUR-2, R-
1, R-2, R-3.5, R-4.5, R-7, R-12, R-25.
COMP PLAN: Commercial, Industrial, Mixed Use, Residential.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705,
18.715, 18.765, 18.775 and 18.810; Comprehensive Plan Policies 2, 3 & 4; Metro
Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find that this request for Comprehensive Plan
Amendment and Development Code Amendment meets the necessary approval criteria. Therefore, staff
recommends APPROVAL of the CPA 2006-00001 and DCA 2006-00004 according to the findings found
in Section IV of this report.
HABITAT-FRIENDLY DEVELOPMENT PROVISIONS - Staff Report to Planning Commission PAGE 1 OF 16
CPA 2006-00001 /DCA 2006-00004
SECTION III. BACKGROUND INFORMATION
Project History
Statewide Planning Goal 5 and Metros Regional Goal S Program
One of the 19 statewide planning goals which form the framework for local planning programs, Goal 5
aims to protect natural resources and conserve scenic and historic areas and open spaces. Under Goal 5,
Metro is authorized to adopt as part of their Urban Growth Management Functional Plan (Functional
Plan), regional programs to address all applicable requirements of Goal 5 and State Administrative Rules
for designated "regional resources".
Goal 5 establishes three basic steps to comply with its standard inventory process, which include:
conducting an inventory and map of significant resources; analyzing the economic, social, environmental
and energy (ESEE) impacts of protecting inventoried resources; and, developing a program to implement
the ESEE decision to allow, limit or prohibit conflicting uses.
In 2002, Metro completed the first step by completing an inventory for Regionally Significant Riparian
Corridors and Wildlife Habitat. As part of this effort, Metro established criteria to define and identify
regionally significant riparian corridors and wildlife habitat.
Tualatin Basin Fish and Wlildlife Habitat Program
Also in 2002, an alliance was formed between local jurisdictions within Washington County, known as the
Tualatin Basin Partners for Natural Places (Partners), working with the Portland Metropolitan Service
District (Metro), Tualatin Hills Parks and Recreation District and Clean Water Services, to develop a basin-
specific approach to protecting fish and wildlife habitat. Councilor Sally Harding represents the City of
Tigard on the Tualatin Basin Natural Resource Coordinating Committee (TBNRCC), comprised of elected
officials, while Associate Planner Denver Igarta serves on the Steering Committee, which is comprised
technical staff.
The Tualatin Basin partnership initiated the second step of analyzing the environmental, social, economic,
and energy (ESEE) consequences of allowing, limiting or prohibiting (ALP) conflicting uses in areas
identified in Metro's inventory of regionally significant riparian corridors and wildlife habitat. The ESEE
analysis was completed in July 2004 and resulted in the Tualatin Basin ALP Map, which forms the basis
for the proposed Significant Habitat Areas Map.
Finally, the Tualatin Basin Fish & Wildlife Habitat Program was developed to address the third required
step by implementing the recommendations of the ESEE analysis. The TBNRCC voted to send on to
Metro their Goal 5 Program for improving the environmental health of the Tualatin Basin. In September
2005, Metro incorporated the Tualatin Basin Program as part of the regional Nature in Neighborhoods
Program (Title 13). Under an intergovernmental agreement between the Tualatin Basin Partners and
Metro, local jurisdictions must now implement applicable elements of the Basin program. Recently, the
Partners formulated a strategy for local implementation of program elements. The Program
Implementation Report prepared by the Partners recommends development code amendments for local
jurisdictions to incorporate habitat-friendly development provisions and remove regulatory barriers. The
amendments being proposed were identified based on an analysis of these recommendations and existing
City of Tigard regulations.
HABITAT-FRIENDLY DEVELOPMENT PROVISIONS - Staff Report to Planning Commission PAGE 2 OF 16
CPA 2006-00001 /DCA 2006-00004
Proposal Description
The primary intent of the proposed changes is to encourage habitat-friendly development by implementing
recommendations of the Tualatin Basin Fish & Wildlife Habitat Program in compliance with Statewide
Planning Goal 5 and Metro's Nature in Neighborhoods Program (Title 13).
Amendments are being proposed to the Tigard Comprehensive Plan and Community Development Code to
implement the recommendations of the Tualatin Basin Fish & Wildlife Habitat Program by adopting the
proposed Significant Habitat Areas Map and habitat-friendly development provisions. The proposed
amendments will not result in increased development restrictions but will give property owners and
developers the option to take advantage of greater regulatory flexibility in exchange for the use of habitat-
friendly practices. Amendments will also remove barriers to development that incorporates recommended
habitat-friendly techniques.
SECTION IV SUMMARY OF REPORT
❖ Applicable criteria, findings and conclusions
• Tigard Community Development Code
o Chapter 18.360
o Chapter 18.370
o Chapter 18.380
o Chapter 18.390
o Chapter 18.705
o Chapter 18.715
o Chapter 18.765
o Chapter 18.775
o Chapter 18.810
• Applicable Comprehensive Plan Policies
o Policy 2, Policy 3 & Policy 4
• Applicable Metro Standards
o Title 3 & Title 13
• Statewide Planning Goals
o Goals 1,2,5&6
❖ City Department and outside agency comments
SECTION V. APPLICABLE CRITERIA AND FINDINGS
CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Chapter 18.360. Site Development Review
This chapter does not include review criteria relevant to the proposed amendments. Since revisions to this chapter are being
proposed, the purposes of the chapter were reviewed to determine consistency with the pmposed amendments.
18.360.010 Purpose
A. Promote general welfare. The purpose and intent of site development review is to promote the
general welfare by directing attention to site planning, and giving regard to the natural
environment and the elements of creative design to assist in conserving and enhancing the
appearance of the City.
B. General purposes. It is in the public interest and necessary for the promotion of the health,
safety and welfare, convenience, comfort and prosperity of the citizens of the City of Tigard:
14ABITAT-FRIENDLY DEVELOPMENT PROVISIONS - Staff Report to Planning Commission PAGE 3 OF 16
CPA 2006-00001 /DCA 2006-00004
C. Environmental enhancement. To prevent the erosion of natural beauty, the lessening of
environmental amenities, the dissipation of both usefulness and function, and to encourage
additional landscaping, it is necessary:
The proposed amendments are aimed at encouraging development that incorporates habitat-friendly
methods and techniques as part of site planning considerations. The proposal directly addresses the
objective stated in 18.360.010.C. of preventing "the erosion of natural beauty, the lessening of
environmental amenities, the dissipation of both usefulness and function, and to encourage additional
landscaping." In particular, the proposed amendment to 18.360.090.A.2.c. would complement the purpose
statement "to encourage the innovative use of materials, methods and techniques" by encourage
developers to incorporate techniques for reducing site hydrology and fish and wildlife habitat impacts into
their site planning.
Chapter 18.370. Variances and adjustments
This chapter does not include review criteria relevant to the pmposed amendments. Since revisions to this chapter are being
pmposed, the purposes of the chapter were reviewed to determine consistency with the proposed amendments.
18.370.010 Variances
A. Purpose. The purpose of this section is to provide standards for the granting of variances from
the applicable zoning requirements of this title where it can be shown that, owing to special and
unusual circumstances related to a specific property, the literal interpretation of the provisions of
the applicable zone would cause an undue or unnecessary hardship, except that no use variances
shall be granted.
The proposed amendments will result in adoption of the proposed "Significant Habitat Areas Map" which
depicts the inventory of "significant" riparian and upland habitat areas. The inventory process factored in
the economic, social, environmental and energy (ESEE) impacts of protecting inventoried resources.
Based on this analysis a program was developed to implement the ESEE decision by proposing
amendments to local regulations. The proposed amendments will offer greater regulator flexibility to
encourage developers to give special consideration to "significant habitat areas" located on their
properties.
Chapter 18.380. Zoning Map and Text Amendments:
18.380.020 Legislative Amendments to this Title and Map
A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by
means of a Type IV procedure, as governed by Section 18.390.060G.
The proposed amendments to the Tigard Comprehensive Plan and Community Development Code would
establish rules and regulations to be applied generally to all similarly affected properties (with inventoried
significant habitat) throughout the City of Tigard; and therefore, the application is being processed as a
Type IV Procedure, Legislative Amendment, as governed by Section 18.390.060.G..
Chapter 18.390. Decision- Making Procedures
18.390.020.B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative
matters involve the creation, revision, or large-scale implementation of public policy. Type IV
matters are considered initially by the Planning Commission with final decisions made by the
City Council.
The proposed amendments to the Tigard Comprehensive Plan and Community Development Code will
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be reviewed under the Type IV procedure as detailed in the Section 18.390.060.G. In accordance with this
section, the amendments will initially be considered by the Planning Commission with City Council
making the final decision.
18.390.060G. Decision-making considerations. The recommendation by the Commission and the
decision by the Council shall be based on consideration of the following factors:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes
Chapter 197;
2. Any federal or state statutes or regulations found applicable;
3. Any applicable METRO regulations;
4. Any applicable comprehensive plan policies; and
5. Any applicable provisions of the City's implementing ordinances.
The findings presented in this staff report address the review criteria listed above as being applicable to the
proposed amendments to the Comprehensive Plan and Development Code.
Chapter 18.705. Access, Egress, and Circulation
This chapter does not include review criteria relevant to the proposed amendments. Since revisions to this chapter are being
proposed, the purposes of the chapter were reviewed to determine consistency with the proposed amendments.
18.705.010.A. Purpose. The purpose of this chapter is to establish standards and regulations for
safe and efficient vehicle access and egress on a site and for general circulation within the site.
The proposed amendment to this chapter explicitly adds pervious paving surfaces to the list of hard
surfaced materials for paving required walkways. The provision requires any pervious paving surface to be
designed and maintained to remain well-drained to ensure the long-term function of the walkway to
provide safe and efficient access and circulation.
Chapter 18.715. Density Computations
This chapter does not include review criteria relevant to the proposed amendments. Since revisions to this chapter are being
proposed, the purposes of the chapter were reviewed to determine consistency with the proposed amendments.
18.715.010.A. Purpose. The purpose of this chapter is to implement the comprehensive plan by
establishing the criteria for determining the number of dwelling units permitted.
Currently, the Tigard Development Code Section 18.715.030 allows for 25% of the unbuildable area
within sensitive lands (i.e. 100-yr. floodplain, steep slopes, drainageways) to be transferred to the remaining
buildable land areas (not to exceed 125% of the maximum permitted by the applicable comprehensive plan
designation). The Planned Development Chapter of the Code allows for a density bonus of up to 10% as
an incentive to increase or enhance open space, architectural character and/ or site variation incorporated
into the development. In addition, the Tree Removal Chapter allows for a density bonus of up to 20 % as
an incentive for retaining existing canopy cover (trees over 12 inches in caliper).
At their September 25, 2006, work session, the Planning Commission considered the Tualatin Basin
recommendation to allow "all development potential to be transferred" from qualified habitat areas. The
Planning Commissioners expressed concerns that the lack of adequate design criteria for, and the
proposed administrative-level approval of, density transfers may result in development which is
incompatible with the surrounding neighborhood. They conferred that design standards for transferring
density, and perhaps a higher-level of review, may be required to ensure an adequate degree of
compatibility. The Planning Commission decided to not support an amendment to allow density transfers
at this time; rather, to return to this issue at a later date, when more time can be devoted to the
development of appropriate design review standards and procedures.
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Applicable comprehensive plan policies are addressed within this staff report.
Chapter 18.765. Off-Street Parking and Loading Requirements
This chapter does not include review criteria relevant to the proposed amendments. Since revisions to this chapter are being
proposed, the purposes of the chapter were reviewed to determine consistency with the proposed amendments.
18.765.010 Purpose
B. Adequate capacity. These regulations are also intended to establish vehicle parking areas
which have adequate capacity and which are appropriately located and designed to minimize any
hazardous conditions on the site and at access points.
The proposed amendments to this chapter explicitly add pervious paving surfaces to the list of appropriate
surface materials for paving access drives, and vehicle and bicycle parking spaces. The provisions require
any pervious paving surface to be designed and maintained to remain well-drained to ensure the long-term
function and safe condition of the surface.
Chapter 18.775. Sensitive Lands
This chapter does not include review criteria relevant to the proposed amendments. Since revisions to this chapter are being
proposed, the purposes of the chapter were reviewed to determine consistency with the proposed amendments.
18.775.010 Purpose
A. Maintain integrity of rivers, streams, and creeks.
B. Implement comprehensive plan and floodplain management program.
C. Implement Clean Water Service(CWS) Design and Construction Standards.
D. Implement the Metro Urban Growth Management Functional Plan.
E. Implement Statewide Planning Goal 5 (Natural Resources).
F. Protect public health, safety, and welfare.
G. Location.
As described in Section III (Background) of this report, the Tualatin Basin Fish and Wildlife Habitat Program
was developed as a basin-specific approach to meet Statewide Goal 5 requirements for inventorying
riparian areas and wildlife habitat and to comply with Metro's Urban Growth Management Functional
Plan Title 13 (the regional Nature in Neighborhoods program). In addition, the Tualatin Basin program was
developed to complement Clean Water Services Design and Constructions Standards to protect the
beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin. The amendments
proposed are intended to implement the Basin-wide program by adopting habitat-friendly development
provisions aimed at reducing the detrimental impacts of development on fish and wildlife habitat within
the City of Tigard.
The inventory of significant fish and wildlife habitat was conducted in accordance with Oregon
Administrative Rule 660-023 Procedures and Requirements for Complying with Goal 5. Based on the
findings of an economic, social, environmental and energy (ESEE) analysis, the Tualatin Basin assigned a
different "limit" decision to areas and mapped the strictly, moderately and lightly limit areas. The proposed
Significant Habitat Areas map delineates the "general location" of each "limit" classification, and the
proposed delineation methodology provides procedures for verifying the precise boundaries of the
inventoried habitat areas. The proposed amendments would adopt the proposed "Significant Habitat
Areas Map" and add "significant habitat areas" to the list of sensitive lands potentially unsuitable for
development.
Applicable comprehensive plan policies are addressed within this staff report.
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Chapter 18.810. Street and Utility Improvement Standards
This chapter does not include review criteria relevant to the proposed amendments. Since revisions to this chapter are being
proposed, the purposes of the chapter were reviewed to determine consistency with the proposed amendments.
18.810.010. Purpose. The purpose of this chapter is to provide construction standards for the
implementation of public and private facilities and utilities such as streets, sewers, and drainage.
18.810.030.A.7. The approval authority may approve adjustments to the standards of this chapter if
compliance with the standards would result in an adverse impact on natural features such as
wetlands, steep slopes, or existing mature trees.
The Streets Section (18.810.030) of this chapter provides for approval of adjustments if compliance with
street standards would result in adverse impact to natural features. The proposed amendments would
adopt the proposed "Significant Habitat Areas Map", add "significant habitat areas" to the list of sensitive
lands, and provide for flexibility in development standards to minimize impacts on resource areas. The
proposed changes to this chapter would add inventoried "significant habitat areas" to the list of natural
features where street standards may be adjusted.
CONCLUSION.- Based on the analysis above, staff finds that the proposed amendments satisfy the
applicable review criteria and are consistent with the purposes of the chapters being amended within the
Tigard Community Development Code.
CITY OF TIGARD COMPREHENSIVE PLAN POLICIES
A review of the comprehensive plan identified the following relevant policies for the proposed
amendments:
Policy 2 - Citizen Involvement
2.1.1 The City shall maintain an ongoing citizen involvement program and shall ensure that
citizens will be provided an opportunity to be involved in all phases of the planning process.
Since 2002, the Tualatin Basin Partners (including the City of Tigard) had been engaged in a lengthy series
of outreach efforts through the inventory, analysis, and program development phases of their cooperative
effort. Regular steering committee and coordinating committee meetings held monthly were open to the
public. A total of nine open houses were held as part of the Tualatin Basin effort (three for each of the
three phases - inventory, analysis and program), and three public hearings were also held. In September
2006, a stakeholder dialog was held with individuals representing the environmental and development
communities. In addition, the Partners produced a project website, newsletters and information booths (at
various events) and held CPO (Citizen Participation Organization) and panel discussions. Throughout the
process, program status updates were posted on the City of Tigard website.
As part of the Comprehensive Plan Amendment process, public notices were sent to 2,674 potentially
affected property owners informing them of the proposed amendments and public hearings scheduled
with the Planning Commission and the City Council. An information sheet was enclosed in the mailing to
provide a brief background and overview of the proposed changes, as well as, contact details to obtain
more information. In addition, notice of the public hearing was published in the September 28, 2006, issue
of the Tigard Times.
Policy 3 - Natural Features and Open Space
3.4 Natural Areas
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3.4.1 The City shall designate, in accordance with Goal 5, the following as areas of significant
environmental concern.
c. Areas valued for their fragile character as habitats for plants, animal or aquatic life, or having
endangered plant or animal species, or specific natural features, valued for the need to protect
natural areas.
The proposed amendments address the policy to designate "significant" habitats and will result in
adoption of the inventory of fish and wildlife habitat areas within the City of Tigard. The proposed
"Significant Habitat Areas Map" is based on the inventory of regionally significant riparian corridors and
wildlife habitat completed by Metro in 2002. As part of this effort, Metro evaluated habitat sites based on
two sets of criteria, one for riparian habitat and one for upland wildlife habitat. Habitat areas were ranked
based on their relative health and importance for providing benefits to fish and wildlife. The inventory also
factored in data on sensitive species sighting locations, sensitive bird sites, and wildlife species and habitats
of concern, as well as the habitat needs of sensitive wildlife and the amount of potential habitat available.
The inventory followed the steps outlined by Statewide Goal 5 including an assessment of economic,
social, environmental and energy (ESEE) impacts. Based on this analysis, the Tualatin Basin assigned a
different "limit" decision to areas and mapped the strictly, moderately and lightly limit areas. The proposed
Significant Habitat Areas map delineates the "general location" of each "limit" classification, and the
proposed delineation methodology provides procedures for verifying the precise boundaries of the
inventoried habitat areas. The proposed amendments would adopt the proposed "Significant Habitat
Areas Map" and add "significant habitat areas" to the list of sensitive lands potentially unsuitable for
development. The proposed amendments will offer greater regulator flexibility to encourage developers to
give special consideration to the preservation of sensitive habitat on their properties.
3.4.2 The City shall: a. Protect fish and wildlife habitat along stream corridors by managing the
riparian habitat and controlling erosion, and by requiring that areas of standing trees and natural
vegetation along natural drainage courses and waterways be maintained to the maximum extent
possible;
The proposed amendments will offer greater regulator flexibility to encourage developers to preserve
"significant habitat areas" located on their properties to the maximum extent possible. Habitat-friendly
provisions would encourage the preservation of fish and wildlife habitat (including along stream corridors)
by allowing reduction of minimum density requirements, adjustment to site dimensional and street
improvement standards, and low impact development techniques.
3.5 Parks, Recreation and Open Space
3.5.1 The City shall encourage private enterprise and intergovernmental agreements which will
provide for open space, recreation lands, facilities, and preserve natural, scenic and historic areas
in a manner consistent with the availability of resources.
Based on the recommendations of the Tualatin Basin Fish & Wildlife Habitat Program and the inventory
of "significant fish and wildlife areas", the proposed amendments were identified to encourage property
owners and developers to preserve the significant habitat resources on their properties.
Policy 4 - Air, Water, and Land Resources
4.2 Water Ouality
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4.2.1 All development within the Tigard Urban Planning Area shall comply with applicable
Federal, State and Regional water quality standards, including those contained in the Clean Water
Services' Design and Construction Manual.
The Tualatin Basin Fish and Wildlife Habitat Program ,which formed the basis for the proposed amendments,
was developed as a basin-specific approach to meet Statewide Goal 5 requirements for inventorying
riparian areas and wildlife habitat and to comply with Metro's Urban Growth Management Functional
Plan Title 13 (the regional Nature in Neighborhoods program). In addition, the Tualatin Basin program was
developed to complement Clean Water Services Design and Constructions Standards to protect the
beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin.
The proposed amendment to 18.360.090.A.2.c. would encourage developers to incorporate innovative
methods and techniques for reducing site hydrology and fish and wildlife habitat impacts into their site
planning.
3. The City shall cooperate with the Metropolitan Service District and other appropriate agencies
to establish practices which minimize the introduction of pollutants into ground and surface
waters.
The Tualatin Basin Partners for Natural Places, an alliance of local governments in Washington County,
collaborated with Metro and Clean Water Services to develop the basin-specific approach and to meet
federal, state and regional requirements for protecting fish and wildlife habitat.
CONCLUSION.• Based on the analysis above, staff finds that the proposed amendments satisfy the
applicable policies contained in the City of Tigard Comprehensive Plan.
METRO Framework Plan
Metro Functional Plan Title 3 - Water Quality, Flood Management, and Fish/Wildlife Habitat
Conservation - protect beneficial uses and functional values of water quality and flood
management resources by limiting uses in these areas. Establish buffer zones around resource
areas to protect from new development.
In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply with Title 3
of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood
management requirements for the region. The adopted standards were based on a unified program
developed by local governments in the Tualatin Basin and implemented through the Clean Water Services
District's (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers
up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition.
The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was continued with the
formation of the Tualatin Basin alliance to develop a program to meet Statewide Goal 5 requirements for
inventorying riparian areas and wildlife habitat and to comply with Metro's Urban Growth Management
Functional Plan Title 13 (the regional Nature in Neighborhoods program). The Tualatin Basin Fish and Wildlife
gram was developed to complement Clean Water Services Design and Constructions Standards
Habitat Pro
to protect the beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin.
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In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and
Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an
updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and
address the Clean Water Act and Endangered Species Act (ESA). One of the proposed changes to the
Development Code would allow HSP projects to be permitted outright when performed in coordination
with the City.
Metro Functional Plan Title 13 - Nature in Neighborhoods - conserve, protect, and restore a
continuous ecologically viable streamside corridor system, from the streams' headwaters to their
confluence with other streams and rivers, and with their flooplains in a manner that is integrated
with upland wildlife habitat and with the surrounding urban landscape; and control and prevent
water pollution for the protection of the public health and safety, and to maintain and improve
water quality throughout the region.
As stated above, the Tualatin Basin Fish and Wildlife Habitat Program was developed to address Statewide
Goal 5 requirements for inventorying riparian areas and wildlife habitat and to comply with Metro's Urban
Growth Management Functional Plan Title 13 (the regional Nature in Neighborhoods program). As stated
under Metro Code Section 3.07.1330 (B) (5), the Tualatin Basin Program serves as an alternative for
member jurisdictions to implement Title 13 as established by an intergovernmental agreement (IGA)
between Metro and the Tualatin Basin Natural Resource Coordinating Committee (TBNRCC).
One of the conditions set by the IGA is that Tualatin Basin members must adopt provisions to facilitate
and encourage the use of habitat-friendly development practices where technically feasible and
appropriate. The Program Implementation Report, prepared by the Tualatin Basin Partners, recommends
development code amendments for local jurisdictions to incorporate habitat-friendly development
provisions and remove regulatory barriers. The amendments being proposed were identified based on an
analysis of these recommendations and existing City of Tigard regulations.
CONCLUSION.• Based on the analysis above, staff finds that the proposed amendments satisfy the
applicable Metro regulations.
Statewide Planning Goals
Statewide Planning Goal 1- Citizen Involvement.
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
A series of outreach efforts was undertaken by the Tualatin Basin Partners, including Tigard, throughout
inventory, analysis, and program development phases of this effort. Regular steering committee and
coordinating committee meetings held monthly were open to the public. A total of nine open houses and
three public hearings were held as part of the Tualatin Basin effort. A stakeholder dialog was held in
September 2006 with individuals representing various environmental and development interests. In
addition, the Partners produced a project website, newsletters and information booths (at various events)
and held CPO (Citizen Participation Organization) and panel discussions. Throughout the process,
program status updates were posted on the City of Tigard website.
As part of the Comprehensive Plan Amendment process, public notices were sent to 2,674 potentially,
affected property owners informing them of the proposed amendments and public hearings scheduled
with the Planning Commission and the City Council. An information sheet was enclosed in the mailing
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and a webpage was create on the City website to provide a brief background and overview of the proposed
changes, as well as, contact details to obtain more information. In addition, notice of the public hearing
was published in the September 28, 2006, issue of the Tigard Times.
Statewide Planning Goal 2 -Land Use Planning.
To establish a land use planning process and policy framework as a basis for all decision and actions
related to use of land and to assure an adequate factual base for such decisions and actions.).
The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide
planning goals.
The proposed amendments to the Tigard Comprehensive Plan and Community Development Code are
being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or
state statutes or regulations, METRO regulations, comprehensive plan policies, and City's implementing
ordinances, be addressed as part of the decision-making process. All applicable review criteria have been
addressed within this staff report; therefore, the requirements of Goal 2 have been met.
Statewide Planning Goal 9 - Natural Resources
Requires the inventory and protection of natural resources, open spaces, historic areas and sites
suitable for removal and processing of mineral and aggregate resources.
Goal 5 establishes three basic steps to comply with its standard inventory process, which include:
conducting an inventory and map of significant resources; analyzing the economic, social, environmental
and energy (ESEE) impacts of protecting inventoried resources; and, developing a program to implement
the ESEE decision to allow, limit or prohibit conflicting uses.
Metro completed the first step by adopting an inventory for Regionally Significant Riparian Corridors and
Wildlife Habitat. The Tualatin Basin Partners completed the second step by analyzing the environmental,
social, economic, and energy (ESEE) consequences of allowing, limiting or prohibiting (ALP) conflicting
uses in areas identified in Metro's inventory. The final step was partially completed when Metro
incorporated the Tualatin Basin Fish and Wildlife Habitat Program as part of the regional Nature in
Neighborhoods Program. Now Tualatin Basin members must adopt provisions to facilitate and encourage
the use of habitat-friendly development practices, where technically feasible and appropriate. The
amendments being proposed will implement the habitat protection program in compliance with Goal 5
requirements and Metro's regional Title 13 program.
Statewide Planning Goal 6-Air, Water and Land Resource Quality
To maintain and improve the quality of the air, water and land resources of the state.
Once a regional functional plan has been acknowledged by the State Land Conservation and Development
Commission, local governments within Metro must apply the requirements of the functional plan to
comply with Statewide Planning Goals. In 2002, the City of Tigard adopted Comprehensive Plan and
Code Amendments to comply with Title 3 of Metro's Urban Growth Management Functional Plan, which
outlines water quality and flood management requirements to comply with Goal 6 water quality provisions.
The adopted standards were based on a unified program developed by local governments in the Tualatin
Basin and implemented through the Clean Water Services District's (CWS) Design & Construction
Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating
restoration of corridors in marginal or degraded condition.
Title 3, section 3.07.350.C., directed Metro to complete the inventory, analysis and program development
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to protect fish and wildlife habitat. The regional Nature in Neighborhood Program and Title 13 of Metro's
Urban Growth Management Functional Plan were the outcomes of this effort.
The proposed amendments are intended to implement the Tualatin Basin Fish and Wildlife Habitat
Program, which was developed to complement Clean Water Services Design and Constructions Standards
to protect the beneficial uses of water. The Tualatin Basin Fish and Wildlife Program maintains
protections offered through Title 3, while providing for the removal of barriers to habitat friendly
development that minimizes impacts to site hydrology and habitat.
CONCLUSION.• Based on the analysis above, staff finds that the proposed amendments satisfy the
applicable Statewide Planning Goals.
State or Federal Regulations
Federal Endangered Species Act
In 1973, the Federal Government passed the Endangered Species Act to protect and recover imperiled
species and the ecosystems which they depend. Under Statewide Planning Goal 5, local governments are
required to obtain current habitat inventory information for wildlife habitat inventories.
The proposed amendments will result in adoption of the inventory of fish and wildlife habitat areas within
the City of Tigard. The proposed "Significant Habitat Areas Map" is based on the inventory of regionally
significant riparian corridors and wildlife habitat completed by Metro in 2002. In determining habitats of
concern, Metro gathered data on sensitive species sighting locations, sensitive bird sites, and wildlife
species of concern; linked sensitive wildlife species to their habitat needs; and estimated the amount of
potential habitat available.
Federal Clean Water Act
The Clean Water Act regulates impacts to wetlands and other navigable waters of the United
States.
The Tualatin Basin Fish and Wildlife Habitat Program is one of multiple efforts developed in coordination
with Clean Water Services, the surface water management and sanitary sewer system utility for urban
Washington County, to protect surface water quality. The proposed amendments are intended to
implement the Tualatin Basin Program, which was developed to complement other efforts developed in
coordination with Clean Water Services (including the Healthy Streams Plan, Stormwater Management
Plan, Design and Constructions Standards) and designed to address the Clean Water Act and Endangered
Species Act (ESA).One of the proposed changes to the Development Code would allow HSP projects to
be permitted outright when performed in coordination with the City.
SECTION VI. CITIZEN COMMENTS
John Frewing reviewed the proposal and has offered the following comments:
General Response:
The proposed amendments were identified to implement the recommendations of the Tualatin Basin
Fish dam' W lildlz e Habitat Program in compliance with Statewide Planning Goal 5 and Metro's Nature in
Neighborhoods Program (Title 13). Further revisions to the City of Tiard existing regulations which
go beyond the scope of this application should be addressed as part (and incorporated into) the
Iarger Comprehensive Plan update process and any subsequent code enhancements identified for
the City's local implementing ordinances.
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1. Volume II (Policies) of the Tigard Comp Plan should be amended to implement habitat-
friendly development provisions.
Response: Applicable polices contained in Volume II of the City of Tigard Comprehensive Plan
have been reviewed within this staff report. Based on the analysis, the proposed amendments were
determined to be consistent with existing Comp Plan policies. The City is currently in the process
of updating both Volume I and Volume II of the Comprehensive Plan. Any amendments to the
policies and strategies contained in Volume II (Findings, Poli cies & Implementation Strategies) will
be considered as part of the larger Comprehensive Plan update process.
2. A. The proposed change to TCDC 18.360.090 only addresses stormwater runoff, it does not
address many other factors which are included in habitat-friendly development
Response: The proposed text change to Section 18.360.090.A.2. has been broadened (beyond
stormwater issues) to address potential impacts to site hydrology and fish and wildlife habitat.
Also, a list of six broad categories of habitat-friendly development methods has been added, which
includes: water quality facilities, pervious pavement, soil amendment, roof runoff controls, habitat
friendly fencing and re-directed outdoor lighting. These categories were identified to cover the
methods and techniques recommended by the Tualatin Basin Partners.
B. The proposed changes to TCDC 18.360.090 call for 'consideration' of innovative
methods and techniques regarding stormwater runoff. This word (consider) is used
elsewhere in the Tigard code regarding evaluation of habitat-friendly design features. A
definition of 'consider' should be added to the Tigard code.
Response: The proposed revision to Section 18.360.090.A.2. invites developers to consider
methods and techniques for reducing impacts to site hydrology and fish and wildlife habitat based
on the surface water drainage patterns and inventoried habitat areas on their property. The
standard groups these techniques into six broad categories (i.e. water quality facilities, pervious
pavement, soil amendment, roof runoff controls, habitat friendly fencing and re-directed outdoor
lighting). "Consideration" of the habitat-friendly development techniques would be determined to
be met if this review criterion is addressed within the development proposal in relationship to on-
site conditions.
3. The Proposed Tigard Significant Habitat Areas Map has an important note on it, to the
effect that its information is for "general location only'. A. The TCDC should have added
to it a definition of Significant Habitat Area (Chapter 18.120) and should include a
procedure (Chapter 18.775) for any party to add or subtract significant habitat areas to the
proposed map within the context of a specific development application; as proposed, only
the applicant can make such change.
Response:
The general location of "strictly", "moderately" and "lightly" limit habitat areas is shown on the
proposed "Significant Habitat Areas Map"; however, the standards shall be applied to a specific
site based on the delineation methodology propposed under Section 18.775.140 of the Sensitive
Lands Chappter. As required for wetlands and floodplains, the precise delineation of the "limit"
areas shall be surveyed by a qualified professional.
For adjustments to the regional (riparian and upland) habitat inventory, the Tualatin Basin
Program utilizes the regional "map correction" process established by Metro. A map correction
request form may be obtain on Metro's website and submitted along with sufficient evidence
documenting the manning error. As part of the regional program, local jurisdictions must
coordinate with Metro r on-going maintenance of the habitat inventory maps.
B. The map and associated implementation procedures should include provision for
identification and protection of individual habitat of concern' areas outside the
generalized definitions and colorings of the map.
Response: The proposed "Significant Habitat Areas Map" is based on the inventory of regionally
significant riparian corridors and wildlife habitat completed by Metro in 2002. As outlined by
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Statewide Goal 5 rules, Metro identified habitats of concern by gathering data on sensitive species
sighting locations, sensitive bird sites, and wildlife species of concern; linked sensitive wildlife
species to their habitat needs; and estimated the amount of potential habitat available. The
inventory "significant" habitat areas and the analysis of consequences of allowing, limiting or
F rohibitinf (ALP) conflicting uses were conducted according to the procedures and requirements
or complying with State Goal 5 as defined in Oregon Administrative Rule (OAR) 660-023.
Resources situated outside the mapped boundaries (for significant habitat areas) must be delineated
by a qualified professional following the proposed delineation methodology.
4. The proposed TCDC amendments to allow alternative pervious surfaces for parking
include the requirement that such surfaces be maintained in a well-drained condition. This
is a good requirement, but it is almost unique in the TCDC to place an ongoing
responsibility of the land owner in the TCDC.
Response: The text revision requirin pervious paving surfaces to be designed and maintained to
remain well-drained borrows existing language from the "bicycle parking design standards" found
in 18.765.050.D. The current standard requires surfaces to be "designed to remained well-drained."
Since pervious surfaces must be maintained to ensure long-term permeability, the requirement for
maintenance was added as part of the text revision.
Tualatin Basin effort has been coordinated with concurrent efforts by Clean Water Service (CWS),
including their Healthy Streams Plan, Stormwater Management Plan, and update of the Design and
Constructions Standards. CWS is currently in the process of revising its Design and Construction
Standards to include technical details on stormwater management techniques identified
incoordination with the Tualatin Basin Partners.
5. The meaning of these Class I and Class II areas should be explained and they should be
applied to development standards in Chapter 18.775.
Response: A summary of the Tualatin Basin `2.imit" Decision was added (refer to Table 18.775.3) to
the methodology for verifying boundaries for inventoried riparian habitat (18.775.140.A.1.)
describing the relationship between "Class I & II" riparian areas and the "strictly limit"
"moderately limit" areas on the proposed Significant Habitat Areas Map.
6. Audubon Society Stormwater Pavement Impacts Reduction (SPIR) Report: These changes
define and add reference to practices which can reduce the impact of stormwater and
pavement on the flora and fauna habitat in Tigard.
Tigard standards for stormwater retention in new development applications should be
clarified to require the use of bioswales, rain gardens, ponding, etc.
Response: The text revisions being proposed were identified to complement the current
standards within the Tigard Community Development Code and existing language which
encourages the preservation of existing trees and the use of native plants. Amendments to the
Development Code are being proposed to promote the use of low impact/habitat-sensitive
development techniques. These techniques were grouped into six broad categories, which include
water quality facilities, pervious pavement, soil amendment, roof runoff controls, habitat friendly
fencing and re-directed outdoor lighting. For instance, the category for water quality facilities
covers techniques for infiltration, retention, detention and/or treatment of stormwater, such as
bioswales. These categories were identified to cover the methods and techniques recommended by
the Tualatin Basin Partners and those systems approved by Clean Water Services.
Dayle Beach reviewed the proposal and has offered the following comment:
1. Almost all the land bordering Red Rock Creek has been classified as habitat-friendly with
the exception of a big gap between 72nd Ave. and the theater entrance from 99W. I strongly
suggest that the planners take another look at this Red Rock Creek area.
Response: As part of the assessment of conflicting uses, the Tualatin Basin Partners conducted a
site-specific economic, social, environmental and energy (ESEE) analysis of inventoried
subwatershed sites. This analysis factored in site characteristics and features (such as land uses and
HABITAT-FRIENDLY DEVELOPMENT PROVISIONS - Staff Report to Planning Commission PAGE 14 OF 16
CPA 2006-00001 /DCA 2006-00004
natural features) resulting in some site-level adjustments to the regional inventory.
The area in question was originally mapped by Metro as Class II riparian habitat. The site is
designated as publicly-owned right of way and is currently protected under Clean Water Services
"Design and Construction Standards" and the City of igard's Development Code. Existing
regulations are more restrictive and therefore supersede the proposed habitat-friendly development
provisions.
PREPARED BY: Denver Igarta DATE
Associate Planner
REVIEWED BY: Richard Bewersdorff DATE
Planning Manager
HABITAT-FRIENDLY DEVELOPMENT PROVISIONS - Staff Report to Planning Commission PAGE 15 OF 16
CPA 2006-00001 /DCr12006-00004
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HABITAT-FRIENDLY DEVELOPMENT PROVISIONS - Staff Report to Planning Commission PAGE 16 OF 16
CPA 2006-00001/DCA 2006-00004
Attachment 3
HABITAT-FRIENDLY DEVELOPMENT PROVISIONS- - - - -
CPA 2006-00001 / DCA 2006-0000
PROPOSED AMENDMENTS
The following amendments are proposed to the Tigard Comprehensive Plan, (Volume I) and
Community Development Code (Sections 18.360, 18.370, 18.705, 18.715, 18.765, 18.775, 18.810) to
adopt the Significant Habitat Areas Map and to implement the recommendations of the Tualatin
Basin Fish & Wildlife Habitat Program in compliance with Statewide Planning Goal 5 and Metro
Title 13 (Nature in Neighborhoods). The proposed habitat-friendly development provisions will not
result in increased development restrictions. Rather, the changes will give property owners and
developers the option to take advantage of greater regulatory flexibility in exchange for the use of
habitat-friendly development practices. Amendments will remove barriers to, and provide code
flexibility for, development which incorporates habitat-friendly techniques.
Proposed amendments are shown as follows:
• Each section begins with commentary explaining the intent of the code amendment followed
by the specific language to be revised.
• Language to be added to the Community Development Code is underlined.
• Language to be deleted is shown in st.-~edtretigh.
® r.
NATURAL RESOURCE SECTION
Commentary
The Basin's IGA with Metro requires jurisdictions to encourage habitat-friendly development
practices in areas Metro identified as Class I and II riparian habitat areas (or Strictly Limited and
Moderately Limited). Provisions may be extended to other inventoried resources, including Class
III riparian areas & Class A uplands (or Lightly Limited). A map must be adopted to establish
the generalized locations of Significant Habitat Areas within Tigard.
Amendments
• Adopt: Significant Habitat Areas Map
!SECTION 18.360 - SITE DEVELOPMENT REVIEW
Commentary
The intent of this amendment is to address recommendations for certain innovative techniques
requiring further technical specifications, such as soil amendment and building design solution.
18.360.010.C. - Site Development Review
2. To encourage the innovative use of materials, methods and techniques and flexibility in
building placement,
Code Amendments
18.360.090.A.2. Site Development Review, Relationship to the natural and physical environment:
Page 1 of 9
c. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife
habitat shall be considered based on surface water drainage patterns, identified per Section
18.810.100.A.3, and the City of Tigard "Significant Habitat Areas Map". Methods and
techniques for consideration may include, but are not limited to, the following:
(1) Water quality facilities (for infiltration, retention, detention and/or treatment)
(2) Pervious pavement
(3) Soil amendment
(4) Roof runoff controls
(5) Fencing to guide animals toward safe passageways
(6) Re-directed outdoor lighting to reduce spill-off into habitat areas
(7) Preservation of existing vegetative and canopy cover
SECTION 18.370 -VARIANCES AND ADJUSTMENTS
Commentary
This amendment is identical to the text changed in Sect 18.810.030.A.7 (Streets, Improvements)
Code Amendments
18.370.020.C. - Special adjustments.
11. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II
procedure, as governed by Section 18.390.040, the Director shall approve, approve with
conditions, or deny a request for an adjustment to the street improvement requirements,
based on findings that the following criterion is satisfied: Strict application of the standards
will result in an unacceptably adverse impact on existing development, on the proposed
development, or on natural features such as wetlands, bodies of water, significant habitat
areas, steep slopes or existing mature trees. In approving an adjustment to the standards, the
Director shall determine that the potential adverse impacts exceed the public benefits of
strict application of the standards.
'SECTION 18.705 - ACCESS, EGRESS AND CIRCULATION
Commentary
18.705.030 - General Provisions
Add pervious paving surfaces to list of hard surfaced materials for required walkways.
Code Amendments
18.705.030
E4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt,
stone, brick, other pervious paving surfaces, etc. Any pervious paving _surface must be
designed and maintained to remain well-drained. Walkways may be required to be lighted
and/or signed as needed for safety purposes.
SECTION 18.715 - DENSITY COMPUTATIONS
Commentary
18.715.020,A - Density Calculations
Definition of net development area currently deducts sensitive lands. Amend this definition to
include "Significant Habitat Areas", which may also be deducted at the option of the developer.
Page 2 of 9
18.715.030 - Residential Density Transfer
The Basin recommendation suggests allowing all density to be transferred up to double the
density allowed on the remaining (buildable) portion of the site.
At their September 25th work session, the Planning Commission considered the Tualatin Basin
recommendation to allow "all development potential to be transferred" from qualified habitat
areas. Staff proposed a density transfer provision based on the Tualatin Basin recommendation to
augment existing regulations which provide density transfer/bonuses for the following:
• 100-yr floodplain, steep slopes and drainageways: Up to 25%;
• Wetlands: Up to 100% for land zoned R-12, R-25, and R-40;
• Tree retention: 1% bonus for each 2% of canopy cover, up to 20% ; and
• Planned developments: 1% bonus for each 5% of the gross site area set aside in open space,
up to 5%.
The Planning Commissioners expressed concern that the lack of adequate design criteria, and
the proposed administrative approval procedures, for permitting density transfers may result in
development which is incompatible with the surrounding neighborhood. The Planning
Commission decided to recommend to the City Council that code amendments be deferred until
further consideration can be given to the design standards and review procedures for permitting
density transfers within significant habitat areas. The issue should be added to the Planning
Commission calendar for further discussion in the near term.
Code Amendments
18. 715.020.A
Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the gross acres, which is all of the land included in
the legal description of the property to be developed:
1. All sensitive land areas:
L. Optional: Significant habitat areas, as designated on the Ci , of Tigard "Significant Habitat
Areas Map".
18.715.030 - Residential Density Transfer
A. Rules governing residential density transfer.
1_The units per acre calculated by subtracting land areas listed in Section 18.715.020 A. 1 a - c from
the gross acres may be transferred to the remaining buildable land areas subject to the following
limitations:
4: a. The number of units which can be transferred is limited to the number of units which would
have been allowed on 25 percent of the unbuildable area if not for these regulations; and
b. The total number of units per site does not exceed 125 percent of the maximum number of
units per gross acre permitted for the applicable comprehensive plan designation.
2. Wetlands. Units per acre calculated by
subtracting land areas listed in Section 18.715.0320 A. Id. from the gross acres may be
transferred to the remaining buildable land areas on land zoned R-12, R-25, and R-40 subject to
the following limitations:
Page 3 of 9
a. The number of units which can be transferred is limited to the number of units which would
have been allowed on the wetland area, if not for these regulations;
-2 b. The total number of units per site does not exceed the maximum number of units per gross
acre permitted for the applicable comprehensive plan designation.
GB.Underlyindg_evelopment standards. All density transfer development proposals shall comply with the
development standards of the applicable underlying zoning district unless developed under the
provisions of Chapter 18.440, Planned Development.
SECTION 18.765 - OFF STREET PARKING AND LOADING
Commentary
The Basin recommends removal of barriers to, and encourages the use of, pervious paving
materials in parking areas and low traffic private streets (equated with access drives).
18.765.040..B - Access Drives
Address concern of design standards & subgrade limitations. Some type of maintenance
agreement may be necessary (as with tree survival & street performance)
18. 765.050.D - .Bicycle Parking
Pavers are already allowed under the current standards. Address concern of design standards &
subgrade limitations. Some type of maintenance agreement may be necessary (as with tree
survival & street performance).
Code Amendments
18.765.040..B. -Access drives.
5. Access drives shall be improved with an asphalt, a.r concrete, or pervious paving surface.
Any pervious paving surface must be designed and maintained to remain well-drained; and
18. 765.040.H - Parking Space Surfacing
1. Except for single-family and duplex residences, and for temporary uses or fleet storage areas
as authorized in 18.765.040.H.3 and 4 below, all areas used for the parking or storage or
maneuvering of any vehicle, boat or trailer shall be improved with asphalt, er concrete, or
pervious paving surfaces. Any pervious paving surface must be designed and maintained to
remain well-drained;
2. Off-street parking spaces for single and two-family residences shall be improved with an
asphalt, at concrete. or pervious paving surface. Any pervious paving surface must be
designed and maintained to remain well-drained;
18. 765.050 - .Bicycle Parking Design Standards
D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e.,
pavers, asphalt, concrete, other pervious paving surfaces, or similar material. This surface
must be designed and maintained to remained well-drained.
SECTION 18.775 - SENSITIVE LANDS
Commentary
18.775.010.G. Location
Add significant fish and wildlife habitat areas to list of sensitive lands.
Page 4 of 9
Intent of Amendments:
• Address recommendations for adjustments to site design standard (lot dimensions: setbacks,
height, and lot area) by extending provisions to areas within, or adjacent to, significant
habitat.
• Establish delineation methodology & set minimum criteria for significant habitat areas.
• Allow reduction of minimum density in significant habitat areas.
Code Amendments
18.775.010 Purpose
G. Location. Sensitive lands are lands potentially unsuitable for development because of their
location within:
1. The 100-year floodplain or 1996 flood inundation line, whichever is greater;
2. Natural drainageways;
3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of
Engineers and the Division of State Lands, or are designated as significant wetland on the City of
Tigard "Wetland and Stream Corridors Map"; affd
4. Steep slopes of 25% or greater and unstable ground. (Ord. 05-01); and
5. Significant fish and wildlife habitat areas designated on the Ci of Tigard Habitat
Areas Map"
18.775.100 Adjustment to Underlying ZoneSetbaek Standards
A. Adjustment option. The Planning Director may approve up to 50% adjustment to any
dimensional standard (e.g., setback height or lot area) of the underlying zone district to allow
development consistent with the purposes of this section. The purpose of the adjustment
process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat,
water quality and the potential for slope of flood hazards.
B. Adjustment criteria. A special adjustment to the standards in the underlying zoning district may
be requested under Type II procedure when development is proposed within or adjacent to the
vegetated corridor area or within or adjacent to areas designated as "Strictly Limit" or
"Moderately Limit" on the City of Tigard "Significant Habitat Areas Map." Verification of
significant habitat boundaries shall be done in accordance with the procedures described in
Section 18.775.140. In order for the Director to approve a dimensional adjustment to standards in
the underlying zoning district, the applicant shall demonstrate that all the following criteria are
fully satisfied:
2. Explicit consideration ahas been given to maximizing vegetative cover, minimizing
excavation and n nunizing impervious surface area on tinbuildable land.
3. Adjustment option. Design options have been considered to reduce the impacts of development,
including but not limited to multi-story construction, siting of the residence close to the street
to reduce driveway distance, maximizing the use of native landscaping materials, minimizing
parking areas, minimizing hydrologic impacts and garage space.
6. Protected vegetated corridor, significant habitat areas and adjacent buffer areas must be:
a. Placed in a non-buildable tract or protected with a restrictive easement, and
b. Restoration and enhancement of habitat and buffer areas required, including monitoring
for five years.
C. Reduction to Minimum Density Requirements for Developments That Include Inventoried Si nificant
Habitat Areas. The minimum number of units required by Section 18.510.040 (Density Calculation)
may be waived if necessary to ensure that impacts on habitat areas are minimized.
Page 5 of 9
L Approval criteria: Reduction requests will be approved if the review body finds that the applicant
has shown that the following criteria are met:
a. An area of the property lot or parcel to be developed has been identified on the Significant
Habitat Areas Map." Verification of significant habitat boundaries shall be done in
accordance with the procedures described in Section 18.775.140.
b. The proposal will be consistent with the character of the neighboring area.
c. The proposal will directly result in the protection of significant habitat areas through
placement in a non-buildable tract or protected with a restrictive easement.
2. Procedure:
a. The amount of reduction in the minimum density shall be calculated by subtracting the
number of square feet of inventoried significant habitat that is permanently protected from
the total number of square feet used to calculate the minimum density requirement.
b. Requests for a reduction are processed as a Type II procedure along with the development
proposal for which the application has been filed.
18.775.140 Significant Habitat Areas Map Verification Procedures.
The Significant Habitat Areas Map shall be the basis for determining the general location of Significant
Habitat Areas on or adjacent to the site.
A. Applicants who concur that the Significant Habitat Areas Map is accurate shall submit the
following information to serve as the basis for verifying the boundaries of inventoried habitat areas:
1. Submission requirements.
a. A detailed prope , description;
b. A scale map of the property showing the locations of Significant Habitat Areas, any
existing built area, wetlands or water bodies, Clean Water Services' vegetated corridor,
the 100-year floodplain, the 1996 flood inundation line, and contour lines (2-ft. intervals
for slope less than 15% and 10-ft intervals for slopes 15% or greater); and
c. . A current aerial photograph of the property.
2. Decision Process. The Planning Director's decision shall be based on consideration of
submitted information site visit information and other factual information. Should the
applicant disagree with the Planning Director's determination on the location of significant
habitat areas on the property, the precise boundaries shall be verified by the applicant in
accordance with the detailed delineation methodology outlined in Section 18.775.140.B.
B. Applicants who believe that the map is inaccurate shall submit a detailed delineation conducted by
a qualified professional in accordance with the following methodology to verify the precise
boundaries of the inventoried habitat areas by means of a Type II procedure.
1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its
riparian habitat class is a four-step process:
a. Locate the Water Feature that is the basis for identifying riparian habitat.
1) Locate the top of bank of all streams, rivers, and open water within 200 feet of the
ro e
2) Locate the 100-year floodplain or 1996 flood inundation line, whichever is greater, within
100 feet of the property.
3) Locate all wetlands within 150 feet of the properly. Identified wetlands on the property
shall be further delineated consistent with methods currently accepted by the Oregon
Division of State Lands and the U.S. Army Corps of Engineers.
b. Identify the vegetative cover status of all areas on the property that are within 200 feet of
the top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of
wetlands, and are flood areas and within 100 feet of flood areas.
1) Vegetative cover status shall be as identified on the Metro Vegetative Cover Map
2) The vegetative cover status of a property maybeye adjusted only 1) the property was
developed prior to the time the regional program was approved, or (2) an error was made
at the time the vegetative cover status was determined. To assert the latter type of error,
Page 6 of 9
applicants shall submit an analysis of the vegetative cover on their property using
summer 2002 aerial photographs and the following definitions of vegetative cover types
in Table 18.775.1.
Table 18.775.1
Definitions of Ve etated Cover Types
Type Definition
Low structure Areas that are part of a contiguous area one acre or larger of grass, meadow,
vegetation or open crop-lands, or areas of open soils located within 300 feet of a surface stream
soils (low structure vegetation areas may include areas of shrub vegetation less
than one acre in size if they are contiguous with areas of grass, meadow,
crop-lands, orchards, Christmas tree farms, holly farms, or areas of open
soils located within 300 feet of a surface stream and together form an area of
one acre in size or lar er .
Woody vegetation Areas that are part of a contiguous area one acre or larger of shrub or open or
scattered forest canopy (less than 60% crown closure) located within 300
feet of a surface stream.
Forest canopy Areas that are part of a contiguous grove of trees of one acre or larger in area
with approximately 60% or greater crown closure, irrespective of whether
the entire rove is within 200 feet of the relevant water feature.
c. Determine whether the degree that the land slopes upward from all streams, rivers, and
open water within 200 feet of the property is greater than or less than 25% (using the
vegetated corridor measurement methodology as described in Clean Water Services Design
and Construction Standards), and
d. Identify the riparian habitat classes applicable to all areas on the prope , using Table
18.775.2 and Table 18.775.3.
Table 18.775.2
Method for Locating Boundaries of Class I and II Riparian Areas
Distance Development/Vegetation Status
in feet Developed Low structure Woody vegetation Forest Canopy (closed
from areas not vegetation or shrub and to open forest canopy)
Water providing open soils scattered forest
Feature vegetative cover canopy)
Surface Streams
0-50 Class 11 Class I Class I Class 1
50-100 Class II Class I Class 1
100-150 Class II if Class II if Class II
slo e>25% slo e>25%
150-200 Class II if Class II if Class II if slope>25%
slo e>25% slo e>25%
Wetlands (Wetland feature itself is a Class I Riparian Area)
0-100 Class 11 Class I Class I
100-150 Class 1,
Flood Areas (Undeveloped portion of flood area is a Class I Riparian Area)
it Class 11' 1 Class II
The vegetative cover type assigned to any particular area was based on Avo factors: the type of vegetation observed in aerial
photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged.
As an example of how the categories were assignedd, in order to quali as "forest canopy" the forested area had to be part of
larger patch offorest ofat least one acre in size.
Page 7 of 9
Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map (on file in the
Metro Council office), shall be treated as Class I riparian habitat areas in all cases, subiect to the provision of additional
information that establishes that they do not meet the criteria used to identify habitats of concern as described in Metro's
Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland
hardwood forests, wetlands, native grasslands, riverine islands or deltas, and important wildlife migration corridors.
Table 18.775.3
Tualatin Basin "Limit" Decision
CONFLICTING USE CATGEGORY
RESOURCE Hi&h Other Future Urban Non-Urban
CATEGORY Intensi Urban 2002 and outside
Urban 2004 UB)
additions
Class I & II
Riparian Inside Modem Scd3: Strictly Limit N A
Vegetated Limit Limit
Corridor
Class I & II
Riparian Outside Modem Moderatel Modem Modem
Vegetated Limit y Limit Limit Limit
Corridor
All Other Lightly Limit Livhdy Lightly Limit Lightly Limit
Resource Areas Limit -
Inner Impact Area Ley Limit Ia~y Limit Lightly Limit
Limit
Outer Impact Lightly t Lightl Lightly Limit Icy Limit
Area Limit
* Vegetated Corridor standards are applied consistently throughout the District: in HIU areas they supersede the "limit"
decision.
2. Verifying boundaries of inventoried upland habitat. Upland habitat was identified based on
the existence of contiguous patches of forest canopy, with limited canopy openings. The "forest
canopy" designation is made based on analysis of aerial photographs, as part of determining the
vegetative cover status of land within the region. habitat shall be as identified on the
Significant Habitat Areas Map unless corrected as provided in this subsection.
a. Except as provided below, vegetative cover status shall be as identified on the Metro
Vegetative Cover Map used to invento habitat available from the Metro Data Resource
Center, 600 N.E. Grand Ave., Portland, OR 97232)o
b. The only allowed corrections to the vegetative cover status of a property are as follows:
1) To correct errors made when the vegetative status of an area was determined based on
analysis of the aerial photographs used to inventory the habitat. The perimeter of an area
delineated as "forest canopy" on the Metro Vegetative Cover Map may be adjusted to
more precisely indicate the dripline of the trees within the canopied area provided that no
areas providing greater than 60% canopy crown closure are de-classified from the "forest
canopy" designation. To assert such errors, applicants shall submit an analysis of the
vegetative cover on their prope using the aerial photographs that were used to
inventory the habitat and the definitions of the different vegetative cover types provided
in Table 18.775.1; and
2) To remove tree orchards and Christmas tree farms from inventoried habitat; provided,
however, that Christmas tree farms where the trees were planted prior to 1975 and have
not been harvested for sale as Christmas trees shall not be removed from the habitat
inventory.
Page 8 of 9
c. If the vegetative cover status of any area identified as upland habitat is corrected pursuant
to 18.775.140.A.2.b.1. to change the status of an area originally identified as "forest
canopy," then such area shall not be considered upland habitat unless it remains part of a
forest canopy opening less than one acre in area completely surrounding by an area of
contiguous forest canopy.
SECTION 18.810 - STREET AND UTILITY IMPROVEMENT STANDARDS
Commentary
The intent of these amendments is to address recommendations for reducing the amount of
paving in habitat areas for roadways, sidewalks (planter strips), stream crossings and block length.
18.810.030.A.7. Streets, Improvements
In 2002, street widths were reduced with the TSP update following a great deal of negotiation
with TVFR (BR). "Skinny" roadway widths are allowed on local streets if criteria is met. The
code provides for adjustments to the Street Utility Improvement Standards to minimize adverse
impact on natural features such as wetlands, steep slopes, or existing mature trees.
In order to further address recommendations to minimize paving, sidewalk reduction and
narrow street right-of-ways through stream crossings, "significant habitat areas" shall be added
to the list of natural features considered for adjustments to street improvement standards.
18.810.040.B. Block Si.Ze
Explicitly add "significant habitat areas" to the list of natural features precluding block size.
18.810.070.C. Sidewalks, Planter Strip Requirement
Explicitly add " habitat areas" to the list of significant natural features.
Code Amendments
18.810.030.A.7. Streets, Improvements
The approval authority may approve adjustments to the standards of this chapter if compliance
with the standards would result in an adverse impact on natural features such as wetlands, bodies
of water, significant habitat areas, steep slopes, or existing mature trees.
18.810.040.B. Block Sides.
1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the
centerline of the streets except:
a. Where street location is precluded by natural topography, wetlands, significant habitat areas
or ether bodies of water, or pre-existing development; or
18.810.070 Sidewalks
C. Planter strip requirements. A planter strip separation of at least five feet between the curb
and the sidewalk shall be required in the design of streets, except where the following
conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on
predominant portions of the street; it would conflict with the utilities, there are significant
natural features (large trees, water features, significant habitat areas, etc) that would be
destroyed if the sidewalk were located as required, or where there are existing structures in
close proximity to the street (15 feet or less). Additional consideration for exempting the
planter strip requirement may be given on a case by case basis if a property abuts more than
one street frontage.
Page 9 of 9
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Attachment 5
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
October 16, 2006
1. CALL TO ORDER
President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Inman; Commissioners Buehner, Caffall, Meads, Vermilyea
(arrived late), and Walsh.
Commissioners Absent: Commissioners Harbison and Munro
Staff Present: Dick Bewersdorff, Planning Manager; Beth St. Amand, Senior Planner; Denver
Igarta, Associate Planner; Jerree Lewis, Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE
REPORTS
Commissioner Walsh reported on the Tree Board. He advised that the Tree Board will attend a
workshop with the Planning Commission on November 6th to discuss two proposed code
amendments. At their last meeting, the Tree Board also discussed the Costco parking lot
canopy.
Commissioner Buehner reported that the City Center Advisory Commission met last week.
They decided to leave the rest of the design review issues to the discretion of the Planning
Commission. They will start working on the Master Plan for the park and the outreach effort
to the downtown property owners.
Commissioner Buehner also reported on the Transportation Financing Task Force. They are
scheduled for public meetings on the 9thand the 30th to discuss the gas tax proposal.
Commissioner Meads reported on the Park and Recreation Advisory Board. They are working
on financing for a start up recreation program in Tigard. They will be adding it to the budget
for the next fiscal year. The Board would like to use existing resources as much as possible.
They hope to have a pilot program with some classes and after school activities.
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 1
4. APPROVE MEETING MINUTES
It was moved and seconded to approve the October 2, 2006 meeting minutes as submitted.
The motion passed unanimously.
5. PUBLIC HEARING
5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2006-00001/
DEVELOPMENT CODE AMENDMENT (DCA) 2006-00004 HABITAT-
FRIENDLY DEVELOPMENT PROVISIONS
REQUEST: Amendments to the Tigard Comprehensive Plan (Volume I) and
Community Development Code (Sections 18.360, 18.370, 18.705, 18.715, 18.765, 18.775,
18.810) in compliance with Statewide Planning Goal 5 and Metro Title 13 (Nature in
Neighborhoods) to adopt the Significant Habitat Areas Map and to implement the
recommendations of the Tualatin Basin Fish & Wildlife Habitat Program aimed at
encouraging the use of habitat-friendly development practices. The proposed
amendments will not result in increased development restrictions but will give developers
the option to take advantage of greater regulatory flexibility in exchange for the use of
habitat-friendly practices. Amendments will remove barriers to, and provide code
flexibility for development that incorporates habitat-friendly techniques. The complete
text of the proposed Code Amendment can be viewed on the City's website at
http://www.tigard-or.gov/code- amendments. LOCATION: Citywide. ZONE: CBD,
C-G, C-P, I-H, I-L, I-P, MUC, MUE, MUE-1, MUE-2, MUR-1, MUR-2, R-1, R-2, R-3.5, R-
4.5, R-7, R-12, R-25. APPLICABLE REVIEW CRITERIA: Community Development
Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810;
Comprehensive Plan Policies 2, 3 & 4; Metro Functional Plan Title 3 and 13; and Statewide
Planning Goals 1, 2, 5 and 6.
STAFF REPORT
Associate Planner Denver Igarta gave a PowerPoint presentation (Exhibit A) on proposed
habitat-friendly development code amendments. He advised that the purpose of the
amendments is to encourage the use of habitat-friendly development methods by
implementing the Tualatin Basin Fish Wildlife Habitat Program. The intent is to convey a
benefit to the developer in exchange for use of development practices that are sensitive to
habitat on site. It is not intended to increase development restrictions. The program is a
voluntary, incentive-based approach.
Igarta advised that the program would be in compliance with the Statewide Planning Goal 5
and Metro Functional Plan, Title 13. He noted that there are 3 steps involved with the
inventory of habitat areas (a regional significant habitat inventory completed by Metro; an
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 2
assessment of conflicting uses - environmental, social, economic, energy [ESEE] assessment;
development of a program).
The focus of the implementation phase of the program is on habitat-friendly development (a
broad-range of techniques that reduce the impact on fish and wildlife habitat). There are
two steps involved - remove barriers for the use of habitat-friendly practices and develop
guidelines for using habitat-friendly development practices.
The Tualatin Basin Partners wrote a report for implementing the program to protect habitat.
The recommendations included a list of 11 techniques of habitat-friendly development
practices. In reviewing the techniques, Tigard determined that the City was substantially
meeting a number of them through local ordinances already in use. However, there is a gap
and some amendments are needed to address the rest of the techniques.
Igarta reviewed the significant habitat area map and described the habitat "limit"
classifications. He detailed each of the proposed amendments for the Commission.
With regard to the proposed amendment for on-site density transfers, Igarta noted that the
Planning Commission discussed this amendment earlier and decided not to support it at this
time; they will revisit on-site density transfers at a later time.
Igarta advised that the Planning Commission would be holding a public hearing tonight and
sending a recommendation to Council. City Council is scheduled for a workshop on
November 21 s, and will hold a public hearing on the proposed amendments on December
12th.
Commissioner Buehner asked about the letter from Dayle Beach. He referred to a gap on
Red Rock Creek along 72nd Ave. Igarta advised that when Metro did their inventory, they
carried out the regional inventory. When the Tualatin Basin Partners took over the
inventory, they performed a more specific district-wide inventory that looked more closely at
resources on site and did an ESEE assessment. Complementary to this, we also have Clean
Water Services (CWS) Design and Construction Standards which include vegetative corridor
restrictions to development directly adjacent to streams. For the site Mr. Beach is referring
to, those resources are protected by more strict regulations that are part of the CWS Design
and Construction Standards. They supersede the habitat benefits provisions which are
completely voluntary.
Commissioner Walsh asked about lot adjustments. Igarta answered that this provision
allows the property owner to choose to resituate a building envelope to save resources;
without the provision, there may be standards that restrict how that could happen. For
example, the provision could allow a set back adjustment where the owner could put the
structure closer to a lot line in order to preserve a resource on the other side of the site.
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 3
Igarta reported that, when staff was looking at the habitat-friendly recommendations, they
did an extensive assessment of the existing code. Some of what is in the existing code
covers a lot of the Tualatin Basin recommendations. Where there is a gap, there are
standards in place that could be extended to the habitat areas. The proposed habitat-friendly
code provisions are intended to complement the existing code to provide for preservation of
significant habitat.
PUBLIC TESTIMONY - IN FAVOR
None
PUBLIC TESTIMONY - IN OPPOSITION
Fred Fields, 1149 SW Davenport, Portland, OR 97201, asked if the Tualatin Basin Partners
were a legally constituted organization. Commissioner Buehner answered that the Partners
were made up of representatives from all the jurisdictions in the Tualatin Valley. Metro
delegated the responsibility of reviewing standards to this group. Each jurisdiction will
review the recommendations and decide whether or not to implement them into their own
codes. Igarta advised that the Tualatin Basin Partners submitted their program report to
Metro. Metro adopted the program report, maps, and analysis as part of their Nature in
Neighborhoods Program which has been adopted as a functional plan for the region.
Mr. Fields asked about compensation for property owners. President Inman advised that
this will provide increased flexibility for builders. Commissioner Meads also noted that the
measures are voluntary - property owners are not required to do anything that they wouldn't
want to do.
Mr. Fields asked about increased density. The Commission advised that the density transfer
portion of the proposed amendment is not going to be included with the rest of the code
amendments at this time. That particular recommendation is being deferred for discussion
at a later time. That section of the existing code is not going to change at this time.
Sue Bielke, 11755 SW 114,h Place, Tigard, OR 97223 testified on several issues (a copy of her
testimony is included as Exhibit B). She believes that the program proposed by the Tualatin
Basin Partners would protect fewer habitats than the region-wide program. She noted that
there are segments of some streams not shown on the significant habitat areas map, e.g., a
tributary of Ash Creek located north of Cascade Blvd. a small permanent creek north of
Tigard Street, and other gaps on the map for streams. In addition, she noted that some areas
shown on the map indicate less protection for some habitat areas. She recommended that
the current map not be adopted until corrections can be made.
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 4
Ms. Bielke believes that "strictly limit", "moderately limit", and "lightly limit" don't give
adequate protection to some resources. She would rather change it to "prohibit", "strictly
limit", and "moderately limit". She also recommends increasing buffer areas in some areas.
Ms. Bielke opposes the exemption for the Clean Water Services Healthy Streams Plan. By
exempting CWS, citizens would not be allowed to comment on projects. Citizens should be
able to ask questions and raise concerns about CWS projects.
Commissioner Meads asked about making modifications to the map. Staff advised that the
process would be to obtain a form from Metro, provide documentation/ support materials,
and submit it all back to Metro. For delineation errors, the Tualatin Basin Partners are
establishing a delineation methodology for how to verify precise boundaries of resources on
site. The methodology will be adopted as part of the code amendments.
Igarta advised that the map is intended as a general location map which would trigger on-
the-ground delineation. It is not intended to show the precise location of resources.
Commissioner Buehner asked if amendments would have to go through DLCD. Staff
answered that amendments would go to Metro. Commissioner Buehner also asked what the
process would be if she had an issue in terms of a particular spot. Staff answered that she
would need to fill out the form at Metro. Metro updates their maps and verifies requests for
changes. Metro staff reviews the documentation requirements to determine whether or not
the materials are correct. They take action based on that determination. The map is updated
on a regular basis, not necessarily immediately. There is no deadline for this. Map
maintenance is a coordinated effort between Metro and the jurisdictions.
President Inman asked if the map itself will be going into the Comprehensive Plan. Staff
answered yes, but we do not have an inventory that accurately maps all the resources. Sue
Bielke said this could be something to add to the Comp Plan - a future comprehensive
survey of resources (wildlife, fish, etc.) and make it a goal. The Commission noted that it
would be extremely expensive to do this, but that additional changes could be made during
the Comp Plan update process.
Commissioner Walsh asked if the public would not have an opportunity to comment, if the
CWS exemption section was adopted. Dick Bewersdorff advised that exemptions are
already in the code - they are uses that are allowed outright. He said this could be an area
for the Comp Plan update and Zoning Code update. If it would result in more takings, there
could be more ballot measure 37 issues. The Commission asked to what extent there is
opportunity for public comment with respect to CWS Healthy Stream Plan projects. Staff
answered that CWS would need to go through DSL for their Healthy Streams Plan projects,
but there would be no opportunity for citizen input if they are exempt from sensitive lands
review. Commissioner Vermilyea clarified that if we adopt this specific amendment, we are
precluding public comment as it relates to Clean Water projects.
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 5
Commissioner Buehner noted that there is not a lot of leverage with CWS. She wonders
why the City should give up the little bit of leverage we have for the convenience of CWS.
John Frewing, 7110 SW Lola Lane, Tigard, OR 97223, asked when an amendment for
density transfer would be considered. The Commission advised that they will probably
discuss it next year during the Comp Plan update.
Mr. Frewing asked that the record be held open for 7 days so he could have time to review
materials he received in response to questions he had. Staff advised that this was a legislative
hearing and the Commission would have to consider the request.
Mr. Frewing agreed with previous discussion about public testimony for CWS projects. He
asked if the CWS exemption was part of the Tualatin Valley Partners recommendation for all
jurisdictions. Staff answered yes.
Staff explained the process for map corrections to Mr. Frewing. The City would be notified
whenever Metro maps are updated. Tigard would then update the significant habitat map.
It was noted that the map only shows general areas of resources. When land is developed,
the developer would have an analyst do the delineation. Map errors will show up during the
development stage. The map acts as reference point, it is not specific or accurate as far as
significant habitat areas.
Staff advised that the City is not proposing amendments to Volume II of the
Comprehensive Plan at this time. The significant habitat map is part of the inventory, it's
not regulatory. The purpose of the proposed regulations is to encourage habitat friendly
development.
Regarding Code Section 18.360.090, Mr. Frewing suggested defining the word
"consideration". Commissioner Buehner proposed looking at this as we go through Phase
II of the Comp Plan process. Commissioner Vermilyea said that maybe a description of a
process for demonstrating consideration could be used.
Mr. Frewing referred to the proposed list of innovative methods listed in Section
18.360.090.A.2.C. He suggested adding a 7th method - retaining vegetative cover and
retaining canopy cover.
For Section 18.775.140 A.1.a.2, Mr. Frewing would like to see clarification of the term
"flood areas". Commissioner Vermilyea suggested being consistent with the existing
language under 18.775.010 (on page 5).
For Section 18.775.140 A.1.a.3, Mr. Frewing asked about unidentified wetlands - is there any
obligation to pick those up? The Commission discussed changes to the proposed language
[see motion for final proposed language].
PLANNING COMMISSION MEETING MINUTES - October I6, 2006 - Page 6
Tim LeBrun, 13275 SW Greenfield Dr., Tigard, OR 97223, signed up to speak but left the
meeting before doing so.
Duane Wilson, Five Centerpointe Drive, Suite #280, Lake Oswego, OR 97035, asked if this
is voluntary, why delineate? If a developer chooses not to participate in habitat friendly
construction, what recourse does the City have? The Commission answered that there is no
recourse by the City; however, CWS has some requirements. It was noted that the
regulations weren't intended to be voluntary when the discussions first began, but when
Measure 37 passed, Metro had to make the regulations voluntary.
Mr. Wilson asked about limiting or prohibiting conflicting uses. Staff answered that the limit
decision and conflicting use analysis are based on the process laid out by Statewide Goal 5
procedures for inventorying the resources. When assessing the ESEE consequences of the
uses, the voluntary regulations encourage developers to take advantage of flexibility to
protect resources.
Mr. Wilson asked about benefits for the developer. President Inman put forth a scenario
where a developer is doing a project that involves a significant habitat and is being required
to provide right-of-way for access. The developer could perhaps have the flexibility to
narrow the street improvements to minimize the impact to the habitat. This flexibility may
not be currently allowed. It could also allow a developer to take a benefit by using pervious
asphalt for an apartment complex project. These regulations would give the developer the
ability to do that, which is not currently in the code. These regulations allow the developer
to take those kinds of measures/ advancements, and do more green projects without being in
conflict with the current code.
Mr. Wilson believes the term "limit or prohibit conflicting uses" should be defined. Staff
advised that this term, as written in the staff report, is not in the Code. This is just
background information, showing the process for Statewide Goal 5 rules. It will not be part
of the Development Code.
Staff advised that delineation in sensitive lands would be required to take advantage of the
program flexibility. If developers want to use the benefits from the program, they must do
the delineation. They are not required to delineate habitat areas if they do not want to take
advantage of the provisions.
Mr. Wilson asked, if the City is adopting the map into the Comprehensive Plan, wouldn't
any change to the map require a Comp Plan Amendment? Staff advised that the map will be
adopted as an inventory document; it's not part of Volume II which is the policy document.
The map will be in Volume 1, which consists of non-binding background information.
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 7
PUBLIC HEARING CLOSED
After deliberation, the Commission modified some of the proposed code language.
Commissioner Vermilyea then moved to recommend to City Council approval of the habitat-
friendly development provisions and proposed amendments as presented, except as modified
by the Planning Commission [noted below], including the staff report and testimony heard this
evening. Modifications the proposed amendments include:
1. On page 2 of 10, under 18.360.090 A.2.c., add number 7 to read, "Preservation of
existing vegetative or canopy cover."
2. On page 5 of 10, under 18.775.020 C. Exemptions - delete this section.
3. On page 6 of 10, under 18.775.140 A. 1.a.2, change language to read: "Locate all 100-
year floodplain areas or 1996 flood inundation line, whichever is greater, within 100
feet of the property."
4. On page 6 of 10, under 18.775.140 A.1.a.3, the first sentence shall end after the word
"property"; the rest of the sentence shall be deleted. The second sentence shall read,
"Identified wetlands on the property shall be further delineated consistent with
methods currently accepted by the Oregon Division of State Lands and the U.S.
Army Corps of Engineers.
Commissioner Buehner seconded the motion. A vote was taken and the motion passed
unanimously.
6. COMPREHENSIVE PLAN UPDATE
• NATURAL RESOURCES REPORT - Continuation
Denver Igarta gave a PowerPoint presentation on Wetlands and Fish and Wildlife Habitat
(Exhibit C). He advised that the wetland inventory was conducted in 1994 by a consultant.
The local wetland inventory looked at significant habitat based on functional assessment. The
City's Safe Harbor process puts regulatory restrictions on grading, excavation, placement of fill,
and removal of vegetation.
Igarta reviewed the wetland statistics with the Commission. He noted that the local wetland
inventory map was submitted to the Department of State Lands (DSL) and approved. It has
been adopted as part of our Development Code. He advised that the consultant performed the
inventory, which was approved by DSL. The map is maintained based on approved Comp
Plan amendments and delineations that we receive from DSL. DSL sends us a notification if
they have changed their map inventory. We are required to amend our maps to represent what
the State has changed. Metro is not involved with this process.
Staff confirmed that there are two separate methods for determining wetlands inventory in
Tigard - Metro and DSL. Typically, if there is a development proposal that would affect
wetlands (to fill or remove wetland), the proposal has to go through the Comp Plan
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 8
amendment process to remove the Safe Harbor provisions and then is submitted to DSL so
they can update their map. Until there is a development activity that will potentially have an
adverse impact to a wetland, we may not know that the wetland exists. An on-the-ground
delineation is a very expensive endeavor. Commissioner Vermilyea believes that if the City
knew what is truly out there, there would be an opportunity to plan, protect, and be proactive.
The current process is entirely reactive with regard to wetlands and habitat.
Senior Planner Beth St. Amand noted the local wetlands inventory was done in 1994, which set
the baseline. There is a question about anything identified since then. Delineation is just a
survey; there should also be an assessment, such as with the ESEE process, that should be
done. There is a potential to make some changes when going through the Comp Plan update
process.
Commissioner Vermilyea would like to be able to identify areas of concern that can be taken
into consideration as the City goes through the Comp Plan process. The goal should be to
have our information be as accurate and up-to-date as possible. It was suggested that there may
be a way to gather supplemental work that has already been done.
Igarta explained the importance of coordination with other jurisdictions with regard to fish and
wildlife habitat. He reviewed the statistics and findings of the fish and wildlife habitat analysis
and the habitat map produced the Tualatin Basin Partners.
John Frewing noted that there have been dozens of developments in Tigard over the past
several years. In some cases, they have included a natural resources assessment. He wonders if
staff has incorporated that information from those individual applications onto this map. Staff
answered that previous applications have not been examined to update the map. The map is
intended to be a general location map.
President Inman asked the Commissioners if they thought they had enough information to
evaluate where we are and what we want to do with the Comp Plan. Also, as part of the Comp
Plan review, does the Commission want to spend the resources to prioritize and update the
maps? Commissioner Buehner believes it would be a good idea to pull development
applications where there are known wetland delineations. Staff noted that they would be
limited to floodplain, drainageways, and buffers.
Commissioner Vermilyea believes that getting closer to reality on the maps, rather than general
delineation, would be better than what we have now. President Inman noted that the maps are
used to trigger an analysis for development. If the development has already occurred, why do
we need to update the map that would no longer be used for a trigger for that site? She is more
concerned about property that does not show the resources to generate further analysis. Staff
suggested looking for a gap analysis now. It was noted that the information being presented at
this point is a general overview of the different areas of the Comp Plan - types of resources,
where they are located, etc.
PLANNING COMMISSION MEETING MINUTES - October 16, 2006 - Page 9
7. OTHER BUSINESS
None
8. ADJOURNMENT
The meeting adjourned at 9:53 p.m.
Jerree Lewis, Planning Commission Secretary
ATTEST: President Jodie Inman
PLANNING COMMISSION MEETING MINUTES -October 16, 2006 - Page 10
Jr IY
J~°/ lrJJrr; ;rid `/1-:1 ;
CPA 200640001 1 DCA 200640004
a•
October 16, 2006
Proposed Comprehensive Plan and
Development Code Amendments
Purpose
a Encourage the use of "habitat-friendly"
development methods by implementing the
Tualatin Basin Fish 6 Wildlife Habitat Program
i'
■ In compliance with:
■ Statewide Planning Goal 5
■ Metro Functional Plan Title 13 (NIN)
What is Goal 5?
Oregon's 19 statewide planning goals are the
t framework for local land use planning programs
4
Statewide Aims to protect
Planning ■ Natural resources
GOAL 5 • Scenic and historic areas
■ Open spaces
,
~o~ Provides guidelines for local governments
■ Inventory natural resources
■ Identify the most significant resources
■ Take steps to protect them
1
Goal 5 Steps: Relationship to Metro and
lValatin Basin Program
STEP A STEP a STEP C STEP e
6.p
0- 63,. Dee 06
~'-y 06
w> ESEEj .tw
71
edVEMTORY~~J~ ~~a s.~, 3s,
Implementation
Habitat-Friendly Development
t Reduce detrimental impacts of development on fish
and wildlife habitat
,tom
Steps
• Remove barriers to the use of
habitat-friendly practices
•::i`tt
• Develop guidelines to
encourage habitat-friendly
development practices
Gap Analysis
Review existing regulations for consistency with
"habitat-friendly development" recommendations
of the Tualatin Basin.
` Summary of Findings
11 recommendations were determined to be
substantially met by existing regulations
L . . Lot Coverage Flexibility a Use of Native Plants
. Parking Ratios ■ Tree Canopy Preservation
a Shared Driveways & Parking a Minimum Lot Sim Reduction
. Parking Stall Dimensions . Maximise Street Tree Coverage
. Parking Lot Landscaping . Use Stormweter Management
. Location of Landscaping Facilities
2
Proposed Amendments
Based on Gan Analysis:
Amendments required to address the following:
-Adopt Inventory of Significant Habitat Areas
-Site-specific delineation methodology
-Encourage habitat-friendly development practices
-Allow pervious paving for certain surfaces
-Modify net-buildable area and allow on-site density transfer
from habitat areas
:t
-Allow reduction to minimum density required
.Permit CWS Healthy Streams projects
-Lot dimensional adjustments for habitat areas
-Allow adjustments to street standards within habitat areas
Proposed Amendment
Tigard Significant Habitat Areas
Proposed Amendment
a Adopt the Significant Habitat Areas Map
■ Add Significant Habitat Areas to the list of
Sensitive Lands
Purpose
Adopt a map to establish the general location of
each habitat "limit" classification defined based on
the ESEE analysis.
Si cant Habitat Areas
Conidar
68
' auto.-m (Ty
sera-: fro
OL: Oft)
amm LAUhOy 2
/ gyre •e1-.: e::
Itspariari C7aas I-II
Corridor
coos (w-«tswl
A.n : 270
A% d -1)
TwUI Awns
ay 0ma.: 74"
a.M.: 112011.1
mw.wr: wt r..1
3
Proposed Amendment
Habitat Delineation Methodology
r
Proposed Amendment
■ Incorporate a habitat delineation methodology
based on Metro's Model Ordinance
r't Purpose
;u~: Establish procedures for verifying the precise
boundaries of the inventoried habitat areas
Proposed Amendment
"Habitat-Friendly" Development Methods
r Proposed Amendment
• Innovative methods and techniques to reduce impacts to site
hydrology and fish and wildlffe habitat shall be considered.
e Water quality facilldes Wool runoff controls
• Pervious pavement •Habitst4riandly Fencing
mike-directed outdoor lighting
Soil amendment
:i?$ Purpose
Encourage the use of techniques
designed to reduce negative impacts on
the environment
ItG:~
Proposed Amendment
Pervious Paving Materials
Proposed Amendment
■ Add pervious paving to list of
allowed hard surface materials for
walkways, parking areas and H
access drives.
Purpose
Allow paving techniques which reduce impervious
area and storm water runoff
4
Proposed Amendment
On-Site Density Transfer
Tualatin Basin Recommendation
■ Allow all development potential to be transferred
from significant habitat areas to development area.
Planning Commission Consensus
1`" ■ May result in development which is incompatible
with the surrounding neighborhood
■ Needs further consideration of appropriate design
review standards and approval procedures
■ Planning Commission decided to not support an
amendment to allow density transfers at this time
Proposed Amendment
Permit Healthy Streams Projects
Proposed Amendment
■ Exempt projects performed in
coordination with the City to
implement the CWS Healthy
Streams Plan from sensitive
land provisions.
Purpose
.Remove regulatory barriers to implementing HSP
projects to improve watershed and stream health
Proposed Amendment
Lot Dimension Adjustments
Proposed Amendment
■ Extend area eligible for adjustment
§ to the highest value riparian areas:
. Strictly Limit - Riparian Habitat
4r . Moderately Limit - Riparian Habitat
Purpose ,may'
Allow flexibility to encourage habitat
sensitive site designs
5
Proposed Amendment
Minimum Density Requirement
Proposed Amendment
■ Allow reduction of minimum density requirements
4c in significant habitat areas.
Purpose
Alleviate pressures and impacts on significant
habitat areas resulting from minimum density
requirements
Proposed Amendment
Adjustment to Street Standards
Proposed Amendment
' ■ Add significant habitat areas to the list of natural
features eligible for adjustments to street
improvement standards.
Purpose
Allow for reductions to required paving within
significant habitat areas.
x. -
-14
Schedule
■ Public Hearing -Oct 16
f
Recommendation to the City Council
■ City Council Work Session - Nov 21
■ Council Public Hearing - Dec 12
6
October 16, 2006
To: Tigard Planning Commission, City of Tigard
Re: Comments on Proposed Changes to Tigard Comprehensive Plan and Community
Development Code (see applicable sections below), in compliance with Statewide
Planning Goal 5 and Metro Title 13 (Nature in Neighborhoods), and adoption of the
Significant Habitat Areas Map.
We are writing to comment and submit recommendations regarding the proposed changes
to above referenced plans and map. We are very concerned about the proposed changes
as we do not feel they will adequately protect and enhance our existing remaining natural
resources in the City of Tigard, in particular habitats for certain species such as the State
Listed Western Painted and Pond Turtles, and rare plant communities, such as the
Willamette Prairie/Oak habitats that remain in our city. The Tualatin Basin Fish and
Wildlife Habitat Program, in which Tigard is a partner and was actively involved in
developing, would protect less habitat (estimated at 10-30%) than the region-wide
program adopted by other cities in the region. Citizens in Tigard care about their fish,
wildlife, and habitats, and do NOT want less and weaker protections for those resources.
• COMPREHENSIVE PLAN / NATURAL RESOURCE SECTION
Proposed Significant Habitat Areas Map -
o Upon reviewing this map, we find that portions or entire segments of some
streams are not even on the map; this includes 1) a tributary of Ash Creek,
located north and south of Cascade Blvd; 2) a small, permanent creek located
north of Tigard Street just northeast of its junction with SW 115`h street. 3)
Other areas, such as the open space on the Fowler school district property on
Tigard street, show a reduction in protections for wetlands, uplands, etc. as
compared to the current Significant Habitat Areas Map. We do not agree with
this change on the Fowler site, and dispute how and why other changes on the
map were made that resulted in less habitat protection. This is important, as it
proposes to REDUCE overall, the amount of habitat protected in the City
of Tigard for a variety of species that use these habitats, including State
listed native turtles which overwinter and nest up to % mile from a body
of water, Neotropical songbirds including several declining in their range,
and the State listed Northern Red-legged Frog. We strongly recommend
this map NOT be adopted until corrections can be made. Since we have
inventory data for many areas in Tigard from our surveys, we will gladly
share this with staff working on the Map to ensure corrections are made.
o Regarding above Map, we recommend that the "Strictly Limit, Moderately
Limit and Lightly Limit" be changed, in this order, to "Prohibit, Strictly
Limit, and Moderately Limit". This would afford greater protections to
streams and adjacent riparian habitats that have some of the greatest biological
diversity left in our city, including rare neotropical migratory songbirds such
as Willow Flycatchers, State Listed Painted and Pond Turtles and Red-legged
Frogs. Tigard's current 3 categories would inadequately protect the above
listed species, since it would not give strong enough protections for example,
for overwintering sites on land for turtles, which need to be free of
disturbance, and habitat for red-legged frogs, which need and can be found up
to'i/4 mile from a water source during much of the year, using these areas for
resting, cover, feeding, and overwintering. Allowing even strictly limited
development, such as a trail, to be put in these habitats for these State listed
species has the potential to be extremely disruptive and have both short and
long-term negative impacts to these imperiled species.
o Regarding above Map, we also recommend increasing buffer areas to up to
500-1000' in some areas, in particular where State listed Sensitive species
occur. This would more adequately meet the intent of Goal 5, which is to
ensure long-term protections and conservation of our natural resources. This
additional increase in the buffer size would also help in catastrophic scenarios,
such as 100year flooding, which can greatly alter habitats and cause major
environmental damage.
• COMMUNITY DEVELOPMENT CODE
0 18.715.030 - We oppose the Basin recommendation allowing all density to be
transferred up to double the density allowed on the remaining buildable
portion of the site. This is ridiculous, as it would most likely result in for
example, no trees to be preserved on the site since the developer would*have
no room to preserve trees. Tigard is already allowing too much density, and
this proposal further would impact resources since it would place a greater
burden on parks, trails, etc., to have to accommodate double the number of
people allowed on a development. If the Basin program is to be seriously
considered a plan to PROTECT NATURAL RESOURCES, than it needs to
not allow any more density than is currently allowed.
0 18.715.020.A.1- We recommend that the "e" proposed to be added should be
mandatory, not "optional" as is currently recommended, as all lands on the
Map are "sensitive" in nature.
0 18.775.020.0 - Exemptions - We absolutely do not support exempting the
CWS Healthy Streams Plan from provisions of this section. Doing so
would prohibit citizens from reviewing and commenting on proposed plans
affecting our public natural resources in the city. In addition, #5. currently
exempts routine maintenance or replacement of existing public facilities
projects from this provision, and we also recommend NOT allowing this as an
exemption. Too many times we have seen areas in greenways and open
spaces be demolished by storm water projects and other activities, where
roads are put into relative pristine open spaces, trees and all vegetation is
bulldozed and wildlife is lost. These activities must not be exempt from
public comment and scrutiny.
0 18.360.090A.2.b. Approval Criteria - We recommend that the wording be
changed to "Trees must be preserv ed in order to more adequately
protect our natural resources in our city; the present "shall" is too often left
open to such a degree to interpretation that in many developments NO trees
are left on the site at all.
0 18.775.020.B.1 and 7. = We recommend that accessory uses such as lawns,
gardens, etc. have to have a permit if a landowner proposes to put such in a
floodplain, etc., since lawns, etc. provide zero habitat and in fact often
increase the amounts of fertilizers, etc. used and going into a nearby
waterway. If someone has a forested area and wants to turn it into a lawn,
they should have to get a permit and justify what it is alright to do this. We
recommend the same with fences (#7) as they also can restrict the movement
of wildlife through an area and greatly disrupt movement through an area for
many species of wildlife.
In conclusion, we recommend greater protections for our natural resources than what is
being proposed by the Basin Plan and Tigard's proposed revisions to the Significant
Habitat Areas Map. We believe our quality of life, as well as the continued protection of
our natural resources in our city, demands a larger area of habitat be preserved, greater
buffers, etc., in order to ensure our resources are protected and truly meet the intentions
of Goal 5 and that of the Metro Title 13.
Thank you for consideration of these comments/recommendations.
Sincerely,
Sue Beilke, Director
The Biodiversity Project of Tigard
i
Comprehensive Plan Update
Natural Resources
WETLANDS /
FISH & WILDLIFE HABITAT
Deaver Igana, Associate Plainer
Natural Resources Overview
October 2:
• Streams and Riparian Areas
• Groundwater
• Minerals (Geology, Aggregate Resources & Soils)
October 16:
• Wetlands
• Fish and Wildlife Habitat
WETLANDS
FUNCTIONS
• Aesthetic, Educational and
(1 4' j.
Recreational Values k.
• Ecological
• Flood Control
J'plr
• Water Quality
• Aquatic & Terrestrial
Habitat
rourts'.vw p. pe/o•oW6NWba~.W AM
Potential Threats
• Encroachment by development, altered drainage
patterns, pollution and nuisance plant species.
1
WETLANDS
FEDERAL / STATE PLANNING & PERMITTING
• US Army Corps -federal permitting for compliance with
Section 404of the CWA and Section 10 of the Rivers and
Harbors Act
• Oregon Statewide Planning Goal S
• Oregon DSL
-Approves Local Wetlands Inventories (LWI)
• State permitting for removal and fill in wetlands
WETLANDS
GOALS INVENTORY PROCESS -
• Local Wetland Inventory (LWI) a
i'
• Significance Determination 1
• Alternate Processes
• Standard ESEE
• Safe Harbor
b
WETLANDS
SAFE HARBOR PROTECTIONS
Locally Significant Wetland (LSW):
Wetlands which ranked highest on four of
the assessed ecological functions (i.e.
'
wildlife habitat, fish habitat, water quality
k hydrologic control)
f c+
Regulatory restrictions on: 1"r tt
-Grading
-Excavation
-Placement of fill
.Vegetation removal
2
WETLANDS
STATISTICS & FINDINGS
• The City has 120 wetlands cover approximately 287 acres
• Roughly 99% of the City's wetlands are classified as
"locally significant wetlands,"
• In 1997, the City adopted "safe harbor" protections for
locally significant wetlands
• Since 1997, approved hardship variances amount to a net
loss of 0.45 acres of significant wetlands.
• Sensitive Lands Provisions - "significant" wetlands &
CWS "vegetated corridor" buffer
CITY OF TIGARD WETLANDS
u~Ll _
FISH & WILDLIFE HABITAT
FUNCTIONS; y. - .
• Enable fish and wildlife species
to meet their most basic needs
(food, water, mobility, security
i
and reproduction)
• Vegetation has aesthetic value, '
controls runoff and erosion,
moderates temperatures, reduces
air pollution and provides
protective cover for wildlife
3
FISH & WILDLIFE HABITAT
COORDINATION
• Federal Endangered Species Act
• Oregon Statewide Goal S
• Procedures for compliance
• Oregon Natural Heritage Program - listed species
• Oregon Fish and Wildlife - species and habitat data
FISH & WILDLIFE HABITAT
COORDINATION (cont.)
• Metro Nature in Neighborhoods - Title 13, functional plan
for riparian and upland wildlife habitat
• Inventory of regionally significant riparian S
W.
and upland habitat areas
• Tualatin Basin Partners for Natural Places
® f o _ L-~7Z Ei3EEi FROORA■ IRILERERT
FISH & WILDLIFE HABITAT
COORDINATION (cont.)
Tualatin Fish and Wildlife Habitat Program intended to
complement:
• Clean Water Services (CWS)
• Design and Constructions Standards
• Healthy Streams Plan
• Stormwater Management Plan
• Existing local regulations
• Tigard Development Code
• Sensitive Lands
• Tree removal
4
FISH & WILDLIFE HABITAT
STATISTICS & FINDINGS
• Metro `,vegetative cover" map shows roughly 11% of the
City is covered by forest canopy (2002)
• Inventoried "significant" habitat in Tigard is heavily
concentrated adjacent to local stream corridors - nearly
801/6 classified as riparian habitat.
• Roughly 20% of City's "significantn habitat is classified
as upland resources.
FISH & WILDLIFE HABITAT
STATISTICS & FINDINGS (cont.)
Tualatin Basin Economic, Social, Environmental and
Energy (ESEE) findings of the inventoried regionally
significant habitat:
• 588 acres designated as highest-value (strictly limit)
• 370 acres was designated as medium-value
(moderately limit)
• 422 acres was designated as lower-value
(lightly limit)
FISH & WILDLIFE HABITAT MAP
V 1 r
'r J~
5
IJ s~`~ J ! 1 ! J J
6
Attachment 6
MEMORANDUM
TO: City Council
FROM: Denver Igarta, Associate Planner
RE: Response to the October 16th Public Hearing Issues and Comments
CPA 2006-00001 / DCA 2006-00004
DATE: November 7, 2006
The following documents staff responses to issues brought up and written comments submitted at
the October 16, 2006, public hearing.
Administrative Procedures for Verification of Precise Boundaries: The Significant Habitat
Areas Map is intended to establish the "general", and not precise, location of significant riparian and
upland habitat areas according to classification (i.e. "strictly", "moderately" and "lightly" limit). The
proposed habitat-friendly development provisions rely on a voluntary approach to preserving habitat
and their utilization within inventoried significant habitat areas would not be mandatory.
The proposed site-level delineation methodology (Section 18.775.140) is based on Metro's model
ordinance and provides procedures for verifying the precise boundaries of the inventoried habitat
areas. Site-specific delineations to verify precise boundaries are not to be considered a
comprehensive plan amendment.
Following the adoption of local implementing ordinances, each jurisdiction will be responsible for
administering procedures for verifying the city's adopted map deemed by Metro to be in substantial
compliance with Title 13 of the Urban Growth Management Functional Plan.
Portions of Streams are Unmapped: Metro's fish and wildlife habitat inventory, which served as
the basis for the proposed Significant Habitat Areas Map, was completed in compliance with
Statewide Goal 5 rules and based on an extensive scientific literature review which combined
geographic information system (GIS) mapping technology, scientific recommendations, and
fieldwork.
Metro utilized current data on stream locations provided by Clean Water Services in conducting
their inventory of riparian habitat areas and designated significant riparian habitat based on
microclimate & shade, streamflow and water storage, bank stabilization, sediment and pollution
control, woody debris and channel dynamics, and organic matter input.
In October 2006, the Oregon Land Conservation and Development Commission (LCDC) approved
acknowledgment of Metro's Goal 5 (Title 13) inventory and program. Any provisions that go
beyond Metro's Title 13 program or map must be formed following State Goal 5 procedures and be
submitted directly to LCDC for approval.
Clean Water Services has created digital geographic information system (GIS) files mapping streams
based on data surveyed and collected in the field in 2000 and 2001. All streams within Tigard
(whether perennial or intermittent) are designated by definition as "sensitive areas" under Clean
Water Services' Design and Construction Standards, which establishes adjacent "vegetated corridor"
buffers, requires a natural resource assessment for proposed development and mandates restoration
of corridors in marginal or degraded condition.
Regulatory Protections: Existing regulations (which will still apply), including standards contained
in the City of Tigard Community Development Code and CWS Design and Construction Standards,
are more restrictive and therefore supersede the proposed voluntary habitat-friendly development
provisions.
Both the Metro Nature in Neighborhoods Program and the Tualatin Basin Fish and Wildlife Habitat
Program rely on voluntary, incentive-based approaches for proposed development outside those
areas already subject to existing regulations. Further restrictions on development which go beyond
the scope of this application should be addressed as part (and incorporated into) the larger
Comprehensive Plan update process and any subsequent code enhancements identified for the City's
local implementing ordinances.
Deducting Significant Habitat Areas from Net Development Area: The proposed code
amendment would give developers the "option" of deducting inventoried significant habitat from
the "net acre" as recommended by the Tualatin Basin Goal 5 Program Implementation Report.
Agenda Item # 7
Meeting Date 11/21/06
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide: Memorandum of Understanding WOU between Washington County, its Jurisdictions and
Service Districts, to Not Extend Services to Development Outside the Urban Growth Boundary that Result from
Measure 37 Claims /
Prepared By. Ron Bunch Dept Head Approvah C-/ City Mgr Approvah
ISSUE BEFORE THE COUNCIL
Should the Council delay signing a Memorandum of Understanding with Washington County and other jurisdictions to
prohibit extending services to Measure 37 development outside of the Urban Growth Boundary?
STAFF RECOMMENDATION
Staff recommends that Council delay signing the Memorandum of Understanding (MOP until additional information
can be gathered about specific concerns. If Council concurs, staff will discuss these matters with the Washington
County Planning Directors and other stakeholders and bring the MOU back for its consideration at a later date.
KEY FACTS AND INFORMATION SUMMARY
This matter is proposed for Council consideration because a Memorandum of Understanding (MOLD, limiting the
extension of services outside the UGB, will likely be before all of Washington County's jurisdictions in the near future.
The MOU was initiated by Washington County several months ago and has been discussed a number of times by the
Washington County Planning Director's group.
Because of its broad distribution, it is important that Council be informed of this matter. The purpose of the MOU is
to establish mutual understanding between Washington County, its jurisdictions and service districts regarding water
and sewer service extensions to development outside the Urban Growth Boundary (UGB) that results from the
approval of Measure 37 claims. The MOU commits jurisdictions to not extend urban services in these circumstances.
State law, administrative rules and Metro requirements already prevent service extensions outside the UGB. However, it
is felt that the MOU is a good idea because it underscores the state's requirements and demonstrates concurrence by all
parties.
Staff recommends a "go-slow" approach because it has taken a new look at the MOU in view of Washington Counts
recently declared 2007 state legislative agenda. The legislative agenda causes concerns about the Counts future urban
development role. There could be negative consequences for cities if the County promotes urban level development in
unincorporated areas. The Tigard Water District Board considered this matter at its October 23, 2006 meeting. Board
members decided to delay signing, pending additional information.
1
OTHER ALTERNATIVES CONSIDERED
Alternatively, Council may decide additional information is not necessary and direct staff to prepare a resolution to
sign the MOU.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Clarify Cats Position on the Provision of Urban Services to Unincorporated Areas and in the Best Interests of the
Citizens of Tigard.
ATTACHMENT LIST
Attachment No. 1- Council Memorandum from Staff
Attachment No. 2 - Proposed Washington County/ Area Jurisdiction Memorandum of Understanding
Attachment No. 3 - Washington County Legislative Agenda for Urbanization
FISCAL NOTES
Not Applicable
H:\11 21 06 AIS - MOU btwn Washington County, Jurisdictions and Service Districts.doc 2
ATTACHMENT 1
MEMORANDUM
A7k-ID
TO: Mayor Craig Dirksen and Council Members
FROM: Ron Bunch, Long Range Planning Manager
RE: Proposed Washington County Memorandum of Understanding (MOU)
DATE: 10-27-06
INTRODUCTION
This memorandum conveys background information about this issue and a recommendation for
Council action.
BACKGROUND / DISCUSSION
Washington County Planning Directors and Metro representatives have been working on the
proposed MOU for several months. Its purpose is to establish a mutual understanding between
Washington County, its jurisdictions and service districts regarding service extensions to
development outside the Urban Growth Boundary (UGB) caused by approval of Measure 37 claims.
The MOU commits jurisdictions to not extend urban services in this circumstance.
There has been comment from some members of the Washington County "Planning Directors
Group" that, in principle, state law, Metro requirements and land use administrative rules already
prevent urban service extensions outside the UGB. However, it is felt that the MOU is basically a
good idea, because it underscores the state's requirements.
Staff recommends a go-slow approach because it has taken a new look at the MOU in view of
Washington County's recently declared 2007 state legislative agenda. In general the legislative
agenda causes concerns about the County's future urban development role. There could be negative
consequences for cities if the County promotes urban level development in unincorporated areas.
Some specific provisions in the MOU raise these concerns. For example, it proposes that services
not be extended outside the UGB to resource lands except as allowed by Washington County's
comprehensive plan. Staff feels it is not possible to predict the future of the County's plan. Could
the County's plan be amended in the future to allow the extension of services resulting in more
unincorporated urban development? This could be detrimental to cities and contrary to Metro's
goals. Also staff believes other MOU issues should be addressed, such as:
■ Would exception lands outside the UGB be subject to the same service restrictions as
resource land? The MOU does not specifically state so. Staff believes it should.
■ Important terms, such as "rural land" should be defined in the context of where and where
not services may be provided; and
■ The MOU states that results of Metro's New Look planning effort, specifically the future
"Shape of the Region" report should be used to guide where future urban growth should be.
Staff feels that before agreeing to this provision, Metro's work should be completed,
reviewed by stakeholders, and then adopted by Metro with the concurrence of local
jurisdictions.
Staff recently discussed the MOU with the Tigard Water District Board and explained the above
issues. The board's consensus was that it should delay consideration of signing until the above
matters are more fully explained.
RECOMMENDATION
Washington County has stated that there is no urgency to sign the MOU. Therefore, based on this
and the above, staff recommends that the City Council, like the Tigard Water Board, not sign the
document until the above concerns are suitably addressed.
If Council concurs, staff will discuss these matters with the Washington County Planning Directors
and other stakeholders and bring the MOU back for its consideration at a later date.
C: Chair Bev Froude and Members of the Tigard Water Board
Tom Coffee, Community Development Director
ATTACHMENT 2
-
B-09-06 DRAFT
MEMORANDUM OF UNDERSTANDING
EXTENSIONS OF PUBLIC WATER AND SEWER SERVICES TO MEASURE 37-
RELATED URBAN DEVELOPMENTS IN RURAL WASHINGTON COUNTY
This Memorandum of Understanding (MOU) is entered into between Metro, Washington
County, cities and service districts as evidenced by the signatures provided below.
Recitals.
I . Measure 37 has potentially increased the demand for the extension of public water
and sewer services to rural land in Washington County.
2. The existing regulations governing the extension of public water and sewer
service do not consider the impact of Measure 37 on development of rural land.
3. Metro, Washington County, cities and special districts are concerned that without
adequate planning, the increase in demand for the extension of public water and sewer services
to rural lands outside of an Urban Growth Boundary (UGB) may have adverse impacts on the
level of service being provided to their urban customers and on the orderly and efficient
transition from rural to urban land uses.
4. This MOU does not apply to the construction of public water or sewer facilities
across lands located outside of UGB's in order to provide water or sewer services to urban areas
located inside UGB's.
5. The affected jurisdictions wish to provide a coordinated framework for
implementing existing law and developing new policy to address these concerns.
Terms.
The parties to this MOU understand as follows:
1. In Washington County there are a variety of regulations governing the extension of
public sewer and water service provided under state, regional and local law including
but not limited to the following:
A. Under the Metro Code, extraterritorial extensions of public sewer and water
from inside the Metro UGB to serve lands outside of the Metro UGB are
prohibited.
B. Outside of the Metro area state law prohibits, with limited exceptions,
extensions of public sewer from inside a UGB to serve lands outside a UGB.
C. State law also prohibits, with limited exceptions, extensions of public sewer
outside of a UGB to serve lands outside of a UGB.
1
8-09-06 DRAFT
D. The Washington County Comprehensive Plan prohibits, with limited
exceptions, extensions of public sewer or water to serve resource lands.
2. Existing regulations restricting public sewer and water service extensions that apply
to the service provider rather than restricting the private use of real property are not
subject to compensation or waiver under Measure 37.
3. Service providers and the jurisdictions responsible for approving a request for an
extension of service are required to comply with these existing regulations that cannot
be waived under Measure 37.
Agreement:
Therefore, due to the potential impact of extending public sewer and water service to new
development on rural land, the parties to this MOU agree to:
1. Assure ongoing compliance with existing law by prohibiting:
(a) extraterritorial extensions of public sewer or water service outside of the
Metro UGB consistent with the Metro Code;
(b) extensions of public sewer outside of a UGB not in the Metro area except as
otherwise provided under the Oregon Administrative Rules;
(c) extensions of public water service to serve new development located on
resource land with limited exceptions, as otherwise provided in the
Washington County Comprehensive Plan;
(d) connections to existing public sewer or water service lines located outside of a
UGB designed to serve new development located on resource land except as
otherwise provided in the Washington County Comprehensive Plan;
2. Permit reasonable exceptions as allowed by state or other laws including, but not
limited to, extensions intended to resolve a public health hazard.
3. Coordinate the planning of future urban services by utilizing the results of
Metro's `Shape of the Region' element of the "New Look at Regional Choices",
which will help determine the appropriate location(s) for future urban
development.
Parties to this Agreement.
Portland Metropolitan Service District: Washington County:
2
8-09-06 DRAFT
City of Beaverton City of Sherwood:
City of Tualatin: City of Tigard:
City of Forest Grove: City of Cornelius:
City of Hillsboro: City of Banks:
City of North Plains: City of Gaston:
City of Wilsonville: Tualatin Valley Water District:
Washington County Clean Water Services
District
3
8°09°06 DRAFT
MEMORANDUM OF UNDERSTANDING
EXTENSIONS OF PUBLIC WATER AND SEWER SERVICES TO MEASURE 37-
RELATED URBAN DEVELOPMENTS IN RURAL WASHINGTON COUNTY
This Memorandum of Understanding (MOU) is entered into between Metro, Washington
County, cities and service districts as evidenced by the signatures provided below.
Recitals.
1. Measure 37 has potentially increased the demand for the extension of public water
and sewer services to rural land in Washington County.
2. The existing regulations governing the extension of public water and sewer
service do not consider the impact of Measure 37 on development of rural land.
3. Metro,' Washington County, cities and special districts are concerned that without
adequate planning, the increase in demand for the extension of public water and sewer services
to rural lands outside of an Urban Growth Boundary (UGB) may have adverse impacts on the
level of service being provided to their urban customers and on the orderly and efficient
transition from rural to urban land uses.
4. This MOU does not apply to the construction of public water or sewer facilities
across lands located outside of UGB's in order to provide water or sewer services to urban areas
located inside UGB's.
5. The affected jurisdictions wish to provide a coordinated framework for
implementing existing law and developing new policy to address these concerns.
Terms.
The parties to this MOU understand as follows:
1. In Washington County there are a variety of regulations governing the extension of
public sewer and water service provided under state, regional and local law including
but not limited to the following:
A. Under the Metro Code, extraterritorial extensions of public sewer and water
from inside the Metro UGB to serve lands outside of the Metro UGB are
prohibited.
B. Outside of the Metro area state law prohibits, with limited exceptions,
extensions of public sewer from inside a UGB to serve lands outside a UGB.
C. State law also prohibits, with limited exceptions, extensions of public sewer
outside of a UGB to serve lands outside of a UGB.
1
8-09-06 DRAFT
D. The Washington County Comprehensive Plan prohibits, with limited
exceptions, extensions of public sewer or water to serve resource lands.
2. Existing regulations restricting public sewer and water service extensions that apply
to the service provider rather than restricting the private use of real property are not
subject to compensation or waiver under Measure 37.
3. Service providers and the jurisdictions responsible for approving a request for an
extension of service are required to comply with these existing regulations that cannot
be waived under Measure 37.
Agreement:
Therefore, due to the potential impact of extending public sewer and water service to new
development on rural land, the parties to this MOU agree to:
1. Assure ongoing compliance with existing law by prohibiting:
(a) extraterritorial extensions of public sewer or water service outside of the
Metro UGB consistent with the Metro Code;
(b) extensions of public sewer outside of a UGB not in the Metro area except as
otherwise provided under the Oregon Administrative Rules;
(c) extensions of public water service to serve new development located on
resource land with limited exceptions, as otherwise provided in the
Washington County Comprehensive Plan;
(d) connections to existing public sewer or water service lines located outside of a
UGB designed to serve new development located on resource land except as
otherwise provided in the Washington County Comprehensive Plan;
2. Permit reasonable exceptions as allowed by state or other laws including, but not
limited to, extensions intended to resolve a public health hazard.
3. Coordinate the planning of future urban services by utilizing the results of
Metro's `Shape of the Region' element of the "New Look at Regional Choices",
which will help determine the appropriate location(s) for future urban
development.
Parties to this Agreement.
Portland Metropolitan Service District: Washington County:
2
8-09-06 DRAIFT
City of Beaverton City of Sherwood:
City of Tualatin: City of Tigard:
City of Forest Grove: City of Cornelius:
City of Hillsboro: City of Banks:
City of North Plains: City of Gaston:
City of Wilsonville: Tualatin Valley Water District:
Washington County Clean Water Services
District
3
ATTACHMENT 3
draft draft draft draft draft
2007 WASHINGTON COUNTY STATE
LEGISLATIVE AGENDA
• Urbanization Package:
. Financial
• Transportation Finding - Support gas tax increase and indexing; vehicle
registration fee increase that is dedicated to local road maintenance and
preservation.
• Urban Development Area Franchise Fees - Introduce legislation to allow
highly urbanized areas to collect utility franchise fee if used to provide
portion of financial base for countywide infrastructure investments.
• Urbanizing Areas Growth Financing - Introduce legislation to allow
highly urbanized areas to capture the property tax increment stemming
from new construction if used to provide portion of financial base for
countywide infrastructure investments.
• Urban Growth Boundary Expansion Capital Gums Assessment -
Introduce legislation to allow highly urbanized areas to tax gain property
owner receives for land brought into UGB if used to provide portion of
financial base for countywide infrastructure investments.
• Strategic Investment Program (SIP)
Process: Introduce legislation that prescribes when and how
county and city will be involved in process of soliciting business
firm to apply for a SIP.
• Gain sharing: Introduce legislation to establish eligibility of taxing
jurisdictions that forgo property taxes for SIP to receive percent
of income taxes generated by business firm receiving the
incentive.
Land Use
• Urban Reserves - Support legislation to allow use of IGA among cities,
county and Metro to identify agriculture areas eligible for inclusion into
UGB over a 20 year + period. Amend definition of primary/secondary
lands so that class of soil does not alone determine which fame land
should be protected.
. UGB Expansion Schedule (20 year land supply) - Expand statutory
cycle for expanding the regional UGB to accommodate the next 20-years'
growth from five to seven years.
Governance
• Incorporation of Municipality - Clarify a county's authority to establish
standards that assure a new city will be financially sustainable.
2
• Court Facilities finding - Seek appropriation to offset the impact of providing
suitable and sufficient facilities for new judgeships created in Washington County.
• Community Correction funding - Support appropriation to fund budget for
Oregon Department of Corrections Grant Program at a level consistent with the
agreement embodied in House Bill 2432,1999 Oregon Legislature.
• Affordable Housing - Support Housing Alliance of Oregon efforts to seek funds
dedicated to affordable housing fund
• Bicycle Safety - Support funding for bicycle rider roadside memorials (Descansos)
and bicycle safety program using dedicated auto license plate fee.
Key Tasks:
■ Board adoption of 2007 Agenda (November 7, 2006)
• Meet with Governor on SIP law changes and urbanization needs
■ Hire consultant for assistance in Salem
■ Meet with Senators Deckert, Johnson, Devlin, B. Starr, & Rep Greenhck on
Urbanization Package. (others as time permits)
Legislative briefing on Public Safety (Senators' Devlin, Burdick, Johnson & Rep
Barker)
■ Obtain Pre-session sponsors to file bills regarding Urbanization Package
• Legislative dinner to discuss Urbanization Plan and 2007 agenda
9/25/2006
2
Agenda Item #
Meeting Date November 21, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Fanno Creek Park Master Plan RFP
Prepared By: Phil Nachbar Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL
Staff is proceeding with a Request for Proposals (RFP) to develop a master plan for Fanno Creek Park and the Public
Use Area in Downtown Tigard, and is requesting Council to review and provide comment on the RFP and public
process.
STAFF RECOMMENDATION
Review, and comment on, the proposed RFP and process for the Fanno Creek Parks Master Plan or modify the
attached summary of the RFP for Fanno Creek Park and the Public Use Area.
KEY FACTS AND INFORMATION SUMMARY
In August of 2006, Council adopted the Downtown Implementation Strategy, a comprehensive strategic action plan for
the Downtown. One of three primary strategies is to "develop Fanno Creek Park and the Open Space System in
Downtown." In general, parks have the capacity to garner strong public support and attract new investment. As a
result, Fanno Creek Park and the Public Use Area are identified as vital improvements which the City can undertake to
activate new development in the Downtown. The development of a master plan for Fanno Creek Park is a budgeted
project for this fiscal year, FY 06-07.
The master plan for Fanno Creek Park and the Public Use Area are key projects for FY 06-07, and will remain a priority
given Council goals, voter approval to use Urban Renewal in the Downtown, and adoption of the Downtown
Implementation Strategy. It is anticipated that once Phases I and II (Master Plan and Schematic Design) are completed,
the City will proceed with Phases III, IV (Design Development, Construction Drawings) in FY 07-08, pending budget
approval.
OTHER ALTERNATIVES CONSIDERED
None considered.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow Vision Goals, Strategies, or Action Plan items: Goal #2) page The downtown will provide a
gathering place for the community and honor the sense of a small town/village. Strategy--1) Develop the gathering
place identified on the Tigard Downtown Improvement Plan (1DIP). Planned Actions: Development of downtown
place for events will be high priority when the Tigard Downtown Improvement Plan (TRIP) is finished.
I:\LRPLN\Council Materials\2006\11-21-06 COUNCIL AGENDA ITEM SUMMARY SHEET Fanno Creek MP RFP--Nov 21.doc 1
ATTACHMENT LIST
Attachment 1: Summary of Fanno Creek Park Master Plan RFP
Attachment 2: Fanno RFP Map
FISCAL NOTES
This is a budgeted project for FY 06-07 in the amount $60,000.
I:\LRPLN\Council Materials\2006\11-21-06 COUNCIL AGENDA ITEM SUMMARY SHEET Fanno Creek MP RFP--Nov 21.doc 2
41
MEMORANDUM
;s
TO: City Council
FROM: Phil Nachbar, Senior Planner / Downtown Development
RE: Summary of Fanno Creek Master Plan RFP
DATE: 11-08-06
Summary of Fanno Creek Master Plan RFP
Proposed Timelines:
• RFP Issued November 27, 2006
• Deadline to receive Proposal January 5, 2007, 5pm
• Consultant Interviews January 15-19, 2007
• Contract Award February 13, 2007
• Execution of Contract February 19, 2007
Background:
Tigard has, over the past 3 years, undertaken extensive planning for its Downtown, which has
remained underutilized, but with high potential for redevelopment. In August of 2006, Council
adopted the Downtown Implementation Strategy, a comprehensive strategic action plan for the
Downtown. One of three primary strategies is to "develop Fanno Creek Park and the Open Space
System in Downtown." The development of a master plan for Fanno Creek Park is a budgeted
project for this fiscal year, FY 06-07.
Project Area:
Fanno Creek Park is a linear park (21.8 acres) and is located along the southwestern edge of
Downtown from Hall Blvd on the east, to Main Street on the west. The project area for the Fanno
Creek Park master plan will include the park itself, the Fanno Creek Trail west of Main St. to Grant
Street, and potential park expansion areas including two adjoining floodplain properties. Expansion
of the park, to include the approximately 4.5 additional acres, supports the goal of restoring the
natural watershed and providing adequate space for a multi-use, public plaza for the community.
Summary of RFP for Master Plan for Fanno Creek Park & Public Use Area Page 1 of 4
Design Challenges / Direction for the Park and Public Plaza:
Fanno Creek Park: The Park presents several design challenges. Prior planning efforts and
current discussions identify Fanno Creek Park as a passive nature preserve, in contrast to a more
traditional park with active spaces. Situated along the regional Fanno Creek Trail, it presents the
design opportunity to serve as an entryway to Downtown, and emphasize its unique ecological
character. The Park will serve existing neighborhoods to the southwest and new higher density
neighborhoods anticipated along the northeastern boundary from Hall Blvd. to Main Street.
Fanno Creek Park currently lacks definable spaces or a sequence of spaces. Viewpoints are
limited and the Park does not visually read as a whole. The Park is ecologically fragmented with
invasive and non-native species, poorly defined riparian zones, and lack of cohesive ecological
areas. Light, spatial definition, sequence, access, viewpoints and ecological character represent
design challenges.
Public Use Area: The development of a central gathering place adjacent to Fanno Creek Park is
a key urban design element of the Downtown Improvement Plan. The Public Use Area (plaza)
is situated between the larger open expanse of Fanno Creek Park and the future "Urban Creek
Corridor", a series of park blocks, north to south, through Downtown. It is the "heart" of the
Downtown. General design challenges include melding programmatic uses within a cohesive
design, designing a central pedestrian place with strong thematic character, and providing urban
design direction as to the interface between the Public Use Area and adjacent future
development. More specific design challenges include access and circulation between the Public
Use area and the Park, surrounding streets, development and the future "Urban Creek
Corridor". Ultimately, the primary design goal for the Public Use Area is to create outdoor
spaces which are varied, have strong spatial qualities, and serve the community. The notion of
the Public Use Area serving as both public place and a space where the "ecological" is a
principle component of its design is one potential theme to be explored.
Scope of Work:
The City of Tigard Community Development Department is seeking proposals from landscape
architecture, architecture and urban design firms, as teams or consultant with demonstrated
experience in park design and urban design.
Summary of RFP for Master Plan for Fanno Creek Park & Public Use Area Page 2 of 4
Project Schedule (Phases I & II onW
Phase I: Technical Investigation, Opportunities and Constraints
and Programming (synthesis) and Concept Design Feb. - April `07
Phase II: Schematic Design May - July `07
Phase III: Design Development / Review (City approval) Aug. - Nov. `07
Phase IV: Construction Documents & Bids (City approval) Dec. - May `08
Phase V: Construction Administration (City Approval) June - Oct. `08
Note: This RFP is for Phases I and II only. Subsequent phases may be awarded at the sole discretion of the
City.
Public Involvement Process:
This project will focus on the design of Fanno Creek Park and the Public Use Area, which is
Downtown's central plaza space for the community. Because its design affects all residents of the
community, broad community interest will be encouraged. There will be a steering committee,
specific public meeting forums, input from Downtown businesses, local neighborhoods, local
boards and commissions, and the community at-large will be solicited.
Design options and the final preferred designs will be displayed at several locations in the
community in advance of the public meetings. Six (6) on-line newsletters are anticipated during the
master planning process. A variety of activities are planned to keep the general public engaged as the
project moves forward.
Public Meeting Forums (3)
• The first public meeting will be held at the beginning of the design process where initial park
programmatic and design ideas are explored. This will also provide an opportunity to
express a variety of ideas regarding general concept, opportunities and constraints.
• A second public meeting will combine an open house with a more formal presentation of
conceptual design options.
• A third open house and discussion will center around the master plan at the Schematic
Design level.
Summary of RFP for Master Plan for Fanno Creek Park & Public Use Area Page 3 of 4
Steering Committee Meetings (7)
The Committee will be comprised of the following representation:
• City Center Advisory Commission (2)
• Local Neighborhoods adjoining park (2)
• Downtown Business Owners (2)
• Parks Board Members (2)
• Citizen At-Large (1)
Summary of RFP for Master Plan for Fanno Creek Park & Public Use Area Page 4 of 4
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