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City Council Packet - 12/04/2007 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 TIGARD CITY COUNCIL SPECIAL MEETING December 4, 2007 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Donna's\Ccpktl Phone: 503.639.4171 . Fax: 503.684.7297 , . www.tigard-or.gov . TTY Relay: 503.684.2772 TIGARD CITY COUNCIL SPECIAL MEETING M . December 4, 2007 6:30 p.m. r-- - TIGARD CITY HALL L`A DID 13125 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 - DECEMBER 4, 2007 page 1 AGENDA TIGARD CITY COUNCIL SPECIAL MEETING DECEMBER 4, 2007 6:30 PM 1. SPECIAL 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. LEGISLATIVE PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT CPA2007-00002 - UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space to update the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, and 3; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7, 9, and 11. a. Open Public Hearing b. Rules of Procedure: City Attorney C. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 07- COUNCIL AGENDA - DECEMBER 4, 2007 page 2 3. LEGISLATIVE PUBLIC HEARING - COMPRHENSIVE PLAN CPA2007-00004 - UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES a. Open Public Hearing b. Rules of Procedure: City Attorney C. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 07- 4. 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 snaking any final decision. Executive Sessions are closed to the public. 5. ADJOURNMENT 1: \A DM\ Cathy\ CCA\2007\071204p.doc COUNCIL AGENDA - DECEMBER 4, 2007 page 3 Agenda Item No.. c__ For Agenda of e .la doog TIGARD CITY COUNCIL SPECIAL /BUSINESS MEETING Minutes December 4, 2007 • STUDY SESSION - No Study Session was held. 1. SPECIAL MEETING 1.1 The Tigard City Council Special meeting was called to order by Mayor Dirksen at 6:35 p.m. 1.2 Roll Call Present Absent Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - None. 1.5 Call to Council and Staff for Non-Agenda Items - City Manager Prosser reported that he attended the Lake Oswego City Council Study Session earlier in the day. He said the cities of Tigard and Lake Oswego have been discussing a water sharing Memorandum of Understanding, which will come to Council for approval in December. He said a change was made in the draft agreement clarifying that Lake Oswego is not transferring water rights to the City of Tigard. He said the Lake Oswego City Council is having a public hearing tonight and Tigard Public Works Director Koellermeier is attending. Councilor Buehner noted that the Memorandum of Understanding does not commit the City of Tigard to anything more than discussion of a possible intergovernmental agreement. City Manager Prosser confirmed that and said it also sets a target date of June, 2008 to reach a draft intergovernmental agreement which would come before the Lake Oswego and Tigard City Councils for approval. Tigard City Cotuicil Minutes December 4, 2007 1 > CITIZEN COMMUNICATION - Mayor Dirksen if anyone in the audience wanted to speak on any item not on the agenda. No one asked to speak. 2. LEGISLATIVE PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT CPA2007-00002 - UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS Mayor Dirksen opened the Public Hearing at 6:38 p.m. The City Attorney was not present so City Manager Prosser read the Public Hearing Rules of Procedure. Councilor Buehner acknowledged that there were several high school students in the audience and Mayor Dirksen gave them a brief summary of the importance of a comprehensive plan and how the amendment process works. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstention. There was none. Assistant Planner Daniels gave the staff report and said this section of the Comprehensive Plan related to Statewide Land Use Planning Goal 7: Natural Hazards, which protects people and property from natural hazards. She recounted the work done by the citizen policy interest team and staff to create goals, policies and action measures. She said the Planning Commission held a work session on August 20, 2007 and a public hearing on September 17, 2007. She said the Planning Commission's minor changes are summarized in Attachment 1. Council reviewed the Planning Commission recommendations from the October 16, 2007 workshop meeting. She said Council's comments can also be found in Attachment 1. Councilor Sherwood said a question arose for her since this amendment was first reviewed by Council relating to the new train switching yard in Tigard. She said CERT training alerted attendees to the disaster potential caused by a leaking railroad car or a train collision. She asked if this particular man-made hazard is covered in this chapter. Assistant Community Development Director Bunch said it would be difficult to plan for or list all man-made hazards. He said Policy 1 on page 7-8 states that the City "shall design, construct and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary." He said Policy 2 says the City "shall encourage communication and coordination among a wide variety if agencies to respond to technological and man- made disasters." He said there is a hazard mitigation plan wherein the City works closely with ODOT and the railroads and others engaged with transportation of hazardous materials. Councilor Wilson brought up the issue frequently expressed by neighbors about wind throws and the weakness of trees left standing after development. He asked if it would be good policy to have it discussed in the Comprehensive Plan. Assistant Community Tigard City Council Minutes December 4, 2007 2 Development Director Bunch said the Tree Board is working on tree preservation goals and action measures. He said it could also be put into the Natural Resources section. Councilor Buehner asked about dangerous trees that place neighboring properties at risk. She said she noticed a tree leaning during the storm yesterday and asked if the City has a policy to protect people from hazardous trees on neighboring property. Assistant Community Development Director Bunch said many cities have hazardous tree policies but it has to be done carefully so the City isn't stepping in between two neighbors. He said there are standards relating to hazardous trees in other jurisdiction's codes and he agreed to proceed with an evaluation and bring it back to Council. Public Testimony - Mayor Dirksen asked if anyone present wanted to testify on this chapter of the Comprehensive Plan. No one signed up speak or asked to speak. Assistant Planner Daniels said the staff recommendation is to adopt the amendment with language recommended by the Planning Commission. She said Exhibit A includes the revisions recommended by the Planning Commission. Mayor Dirksen asked Council if they had any questions or comments. Councilor Woodruff suggested in the sixth bulleted item on page 7-5, "Floods are Oregon's most frequently occurring natural disaster." to change the word, "Oregon's" to "Tigard's." He also suggested changing the wording on page 7-7, Item 12 to read "The City shall encourage pervious and minimize impervious surfaces to reduce storm water runoff" Councilor Woodruff also asked if there should be anything listed under 7-9 Emergencies and Disasters, that says we will maintain and publish evacuation routes. Mayor Dirksen asked if something exists already. City Manager Prosser said we have snow routes but is unsure about evacuation route planning. Mayor Dirksen said this might be covered under Recommended Action Measure iii on page 7-9, Continue to work with the Washington County Office of Emergency Management C. "Coordinate regionwide hazards response." City Manager Prosser said Tigard is a member of the Office of Consolidated Emergency Management and works with other jurisdictions in Washington County in a coordinated way and he said evacuation routes could be a matter brought to this group. Mayor Dirksen asked Council how they felt about Councilor Woodruffs comments about Item 12 on page 7-9. Council agreed that his suggested change should be made. Mayor Dirksen also noted that a staff recommendation regarding floodplain mapping was that expertise in that lies outside the City and we should defer to that. Mayor Dirksen closed the Public Hearing at 7:00 p.m. Tigard City Council Minutes December 4, 2007 3 Councilor Buchner made a motion to approve Ordinance No. 07-20, as amended by discussion at this meeting and Councilor Woodruff seconded the motion. City Recorder Krager read the Ordinance and took a roll call vote. The motion passed unanimously. Vote Yes No Cowicilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ 3. LEGISLATIVE PUBLIC HEARING - COMPRHENSIVE PLAN CPA2007- 00004 - UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES Mayor Dirksen opened the Public Hearing at 7:03 p.m. He reminded everyone that the Rules of Procedure read earlier by City Manager Prosser were still in effect. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstention. There were none. Associate Planner Wyss gave the staff report on the Comprehensive Plan Amendment before Council to update the goals, policies and recommended action measures related to Statewide Land Use Planning Goal 11: Public Facilities. He said key components of this chapter include Stormwater Management, Water Supply and Distribution, Wastewater Management, Community Facilities and Private Utilities. He said this amendment went through the review process of community input from policy interest teams, using technical information and issues and values gleaned from surveys and the Tigard Beyond Tomorrow project. It went to the Planning Commission and then City staff reviewed the language to ensure compliance with any rules, regulations or agreements that the City is obligated to follow. He said the minor changes suggested by the Planning Commission are in Exhibit D. He said the Planning Commission held a public hearing and recommended no further changes. He also noted that the City is not obligated to follow Statewide Planning Goals 3 and 4 but there is filler language for those goals so the document follows the chapter layout. He said an overview of questions from Council during a November 20, 2007 work session is found in Attachment 1. Associate Planner Wyss said Councilor Buchner forwarded some questions to staff and responses are labeled as Exhibit F which was given to Council tonight. Mayor Dirksen asked Council if they had any questions. Councilor Woodruff said it appeared everything had been captured. Tigard City Council l/iinutes December 4, 2007 4 Mayor Dirksen opened the hearing to public testimony. There was none. Associate Planner Wyss said the staff recommendation is to adopt the language forwarded by the Planning Commission with the alternative language found in Attachment 1, which is based on Council discussion from the November 20, 2007 Workshop Meeting. Mayor Dirksen asked Council if they had any questions or comments. He said he had a question about Goal 11-1: Policy 6, which states, "Develop and maintain a storrnwater system that protects development, water resources, and wildlife habitat." He said his recommended change of adding the words, "to the extent necessary..." was not there. He said the word, "necessary" is important. Council concurred and Associate Planner Wyss said staff would incorporate this wording. The Mayor and Councilors thanked staff as well as Committee members and the Planning Commission for their hard work on amending the Comprehensive Plan. At 7:12 p.m. Mayor Dirksen closed the Public Hearing. Councilor Sherwood made a motion to approve Ordinance No. 07-21, as amended with changes in Attachment 1, and Councilor Wilson seconded the motion. City Recorder Krager read the Ordinance and took a roll call vote. The motion passed unanimously. Vote Yes No Councilor Woodruff ✓ Mayor Dirksen ✓ Couuicilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ > NON AGENDA ITEMS Councilor Buehner reported on an Intergovernmental Water Board meeting she attended on November 28, 2007. She said the representative from the Tigard Water District moved to delay several agenda items votes due to pending litigation. Mayor Dirksen asked what issues was tabled. Councilor Buehner replied, "All discussions regarding co-tenancy agreements for the various properties that are still in the name of the Tigard Water District and within the process of changing the titles." She said the Canterbury property is proceeding in terms of the sale, but the Tigard Water District representative vehemently opposes that. She said it was the decision of the Chair to vote on the Lake Oswego agreement at their next meeting in December. Tigard City Council Minutes December 4, 2007 5 4. ADJOURNMENT Councilor Woodruff moved to adjourn the meeting. Councilor Sherwood seconded the motion. The motion carried unanimously and the meeting was adjourned at 7:21 p.m. Carol A. Krager, Deputy City Recorder Attest: e, '~Z? - Mayor, ity of Tigard Date: e, Tigard City Cotuicil Minutes December 4, 2007 6 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00004 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES WHEREAS, - the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapter 7 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 11; and WHEREAS, the Tigard Planning Commission held a public meeting, which was noticed in accordance with City standards, on November 5, 2007, and recommended approval of the proposed CPA 2007- 00004 by motion and with unanimous vote; and WHEREAS, on December 4, 2007, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2007-00004, and at this meeting the Tigard City Council adopted CPA 2007-00004 by motion, as amended pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2007-00004 is based on the findings and conclusions found in the City of Tigard staff report dated October 29, 2007 and the associated record which are incorporated herein by reference and are contained in land-use file CPA 2007-00004. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in EXHIBIT A; and SECTION 2: Revisions to EXHIBIT A, as found in the memorandum to Council, dated November 21, 2007, and changes to that memorandum made at the public hearing and memorialized in EXHIBIT B, are incorporated by reference; and SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 07-, Page 1 PASSED: By vote of all Council members present after being read by number and title only, this day of /J-! MZ-6it_ , 2007. Carol A. Krager, Deputy City Record 0- day By Tigard City Council this Jf day of , 2007. - /1-f. , . - Craig irksen, Mayor Approved as to form: / City Attorney ORDINANCE No. 07-a- Page 2 EXHIBIT A b - n j s_Z,:.y. 4 ti Public Facilities and Services "The community's vision is for a future where essential public facilities and services are readily available to serve the needs of the community. " A*nk PUBLIC FACILITIES AND SERVICES Public Facilities and Services addresses their appropriate coordination, location, and delivery in a manner that best supports the existing and proposed land uses. For the purposes of the Comprehensive Plan, Public Facilities and Services refers to Stormwater Management, Water Supply and Distribution, Wastewater Management, Community Facilities, and Private Utilities. The provision of these facilities and services is essential to a high quality of life and the health, safety, and welfare of the community. Their availability is also vital to promoting and sustaining a strong local and regional economy. For these reasons, the City and its partner agencies and districts must efficiently plan for the impacts of future growth and development on the facilities and services provided. Statewide Planning Goal 11 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage, maintain, and expand the public facilities and services of the community. ayyi~.' ~ti Public Facilities and Services ® "To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." The community's vision is for a future where essential public facilities and services are readily available to serve the needs of the community. They under- stand the importance of not only planning for and funding the facilities, but ensuring their continued maintenance. They also recognize the impact that new development places upon all services and want them to pay their fair share. The public library, senior center, public safety, and public schools are especially considered vital components of a high quality, livable community. Furthermore, it is recognized that expected population growth in the region will place increased pressure on existing public facilities and services. The City of Tigard has adopted the City of Tigard Public Facility Plan (1991) as required by Oregon Administrative Rule 660-11. The City will make appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rule 660-25. Section 1: Stormwater Management The City stormwater infrastructure is a mix of natural and piped systems. As with most urban areas, the reliance on piped stormwater has been important to transport the water from impervious surfaces to the natural systems and move it out of the community. To ensure the system operates effectively, the natural Comprehensive Plan City of Tigard 11-1 - PUBLIC FACILITIES AND SERVICES components must remain in good condition to meet the primary objectives of protecting water quality and flood control. To accomplish these objectives, the City collaborates with Clean Water Services (CWS) in the planning and manage- ment of the system. The plans currently used for City efforts are the CWS Stormwater Mana gement Plan (2006), which addresses water quality protection, and Fanno Creek Watershed Management Plan (1997), which addresses flood control in the City. The 2006 Stormwater Management Plan (SWMP) is a requirement of the combined National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) permits held by CWS. The SWMP is revised on a five-year cycle and was last updated in spring 2006. To implement the plan, the City has an inter-governmental agreement (IGA) with CWS as a "self-service provider." This designation means the City has operation and main- tenance authority over storm drain systems, water quality systems, and roadside ditches under City jurisdiction. The IGA outlines the CWS work program stan- dards that must be followed by the City. The 1997 Fanno Creek Watershed Management Plan (Fanno Plan) prepared by CWS for all jurisdictions within the basin, is the principal plan for drainage in the City. The Fanno Plan covers 85% of Tigard (the remaining 15% of the juris- diction drains directly to the Tualatin River) and has been adopted by the City. Included in the plan is an inventory of drainage structures, an evaluation of their adequacy of capacity, and recommended City infrastructure improvements to reduce flooding. Funding for these projects is available through the Storm Sewer Fund that results from the collection of system development charges. In addition, the City is responsible for adopting policies and regulations that implement statewide land use goals to protect water quality and wildlife habitat. These policies and regulations must ensure that the impacts of new develop- ment on the stormwater infrastructure are minimized. One of the greatest impacts on stormwater infrastructure is the amount of impervious surface in a watershed. Impervious surfaces increase run-off into the stormwater system and increase the peak flow of storm events. Reducing the impervious surface coverage will encourage natural filtration and help to reduce the stormwater infrastructure needs, as well as reduce problems associated with scouring and erosion of stream channels from storm events. Although CWS does not have land use authority, they have been involved in reducing the impacts of stormwater by developing the CWS Design and 11-2 City of Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES Construction Standards (2007) that have been adopted by and are implemented by the City. A city engineer performs the task of evaluating the stormwater infrastructure design during the development review process to make sure the standards are met. In addition to the CWS Design and Construction Standards (2007), the City has adopted voluntary habitat friendly develop- ment provisions that may be utilized during new development. The provisions seek to One of the protect wildlife habitat that has been identi- g)-eatest impacts fied within the community and includes low impact development practices that are meant on stoi'mwate). to reduce stormwater flow. Funding for the stormwater system is gener- is the aniount ated from two sources. The first is from System Development Charges (SDCs) that are iMpei-vions assessed on new developments that cannot provide their own water quantity and quality facilities. The money is placed in the Storm Sewer Fund and used for capital projects. The second, the Surface Water Management Fee, is a monthly charge that is collected on utility bills. The City keeps a portion of this fee for operations and maintenance of the stormwater infrastructure. KEY FINDINGS • The expansion and maintenance of stormwater infrastructure is an impor- tant factor affecting growth and development. • Objectives of the stormwater system are the protection of water quality and flood control and are addressed through the CWS Stormwater Management Plan (2006) and the Fanno Creek Watershed Management Plan (1997). ■ The City maintains stormwater pipes, catch basins, outfalls, and water quality facilities; which includes ponds, swales, filter systems, detention pipes and tanks. • Impervious surfaces, undersized bridges and culverts, and inadequate infra- structure contribute to localized flooding. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. Comprehensive Plan City of Tigard 11-3 - PUBLIC FACILITIES AND SERVICES ■ The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. POLICIES 1. The City shall require that all new development:: A. construct the appropriate stormwater facilities or ensure construc- tion by paying their fair share of the cost; B. comply with adopted plans and standards for stormwater manage- ment; and C. meet or exceed regional, state, and federal standards for water quality and flood protection. 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. 3. The City shall require the stormwater management system to comply with all applicable federal, state, and regional regulations and programs. 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. 5. The City shall require maintenance access to all stormwater infrastruc- ture and easements. 6. The City shall maintain streams and wetlands in their natural state, to the extent necessary, to protect their stormwater conveyance and treatment functions. 7. The City shall encourage low impact development practices and other measures that reduce the amount of and/or treat stormwater runoff at the source. 8. The City shall develop sustainable funding mechanisms: A. for stormwater system maintenance; B. to improve deficiencies within the existing system; and C. to implement stormwater system improvements identified in the Capital Improvement Plan. 11-4 City of Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES RECOMMENDED ACTION MEASURES i. Adopt natural resource and habitat friendly development standards that utilize incentives for developers to incorporate green concepts into their design. ii. Review and modify the Community Development Code, as needed, to include effective regulations to implement the stormwater management goals and policies. iii. Identify and map problematic stormwater drainage areas in the community. iv. Research alternative funding strategies for use in improving identified problem stormwater drainage areas in the community. v Develop partnerships to produce and distribute informational materials that outline the benefits of low impact development practices and green street concepts. vi. Develop and implement a Capital Replacement Program for the storm- water system. "Altbougb the Section 2: Water Supply and Distribution City owiis a few 'I The City of Tigard provides water to the wells, ' Tigard Water Service Area. This area 90% of the includes most of the City's residents and also the City of Durham, King City, and water siipply is the Bull Mountain area of unincorporated Washington County; which is represented by the Tigard Water District. The northeast corner of the City is supplied water by the wbolesale water Tualatin Valley Water District (TVWD), which operates independently from the City of Tigard. as the Portlaiid The TVWD is governed by a five-member VIater ' Board of Commissioners and operates under the TVWD Water Master Plan/ - - - ManagementPlan (2007). Tigard has no role in the operation or management of TVWD, but has collaborated with them on long-term supply studies and is also capable of sharing water in emergency situations. Comprehensive Plan City of Tigard 11-5 - PUBLIC FACILITIES AND SERVICES The City of Tigard took over the provision of water to the Tigard Water Service Area from the Tigard Water District in 1994. During the transfer of supply responsibilities, an IGA created oversight for the water system through the Inter- governmental Water Board (IGWB), which consists of a member from Tigard, Durham, King City, Tigard Water District, and one at-large member. The IGWB advises Tigard City Council on issues relating to rate setting and water supply. The City owns and operates the water distribution system under license from the Oregon Department of Human Services and the Oregon Water Resources Department. The Water Distribution Hydraulic Study (2000) is the current master plan for the City water supply system. The study provides direction for system improvements, including storage and distribution. Although the City owns a few wells, nearly 90% of the water supply is purchased from wholesale water providers such as the Portland Water Bureau (PWB). The City signed a 10-year agreement in summer 2006 to continue purchasing water from PWB. In addition, the City purchases water from the City of Lake Oswego, which draws its water from the Clackamas River Basin. This lack of a City- owned supply has been identified as an important issue for the future and three long-term supply feasibility studies are in progress. The studies are in collabora- tion with neighboring jurisdictions and will evaluate various options for partner- ships in securing a long-term supply. During periods of high water demand, the City can supplement its supply with water from City-owned aquifer storage and recovery (ASR) wells and native groundwater wells. Additional supply is available for purchase from the joint Water Commission QWC). Water from the JWC is delivered via the City of Beaverton system; making it Tigard's only fluoridated supply. The City also has system inter-ties with Tualatin and the Lake Grove Water District that allows sharing water under emergency conditions. In 2005, the Oregon Departments of Human Services and Environmental Quality conducted a source water assessment on Tigard's groundwater. Within the Tigard water service area, 50 sites were identified as potential sources of drinking water contamination if managed improperly. The City of Tigard Water System is set up as an enterprise fund. The budget needs no money from the City general fund and operates based solely on 11-6 City of Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES revenue the Water System creates. System Development Charges for new construction and connections, and rates for water consumption are the two main sources of revenue for the budget. BEY FINDINGS ■ The expansion and maintenance of water supply and distribution infrastruc- ture is an important factor affecting growth and development. ■ Two water providers operate within the City of Tigard. This requires collab- oration to define future roles. ■ The City of Tigard Water Service provides potable water distributed through a network of reservoirs, pump stations, and pipes up to 36" in diameter. ■ Feasibility studies will help to provide direction for the City's long-term supply options. ■ The City has experienced a decrease in total and per capita consumption from 2001 to 2005 due to repairs made in water line leaks, rising costs, and the Water Conservation Program. ■ The Water Demand Forecast Re port (2006) projects future annual water demand could range from 2,732 to 3,229 million gallons in the Tigard Water Service Area. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.2 Secure a reliable, high quality water supply to meet the existing and future needs of the community. POLICIES 1. The City shall prioritize securing an interest in a high quality, long-term water supply, which is financially feasible and reliable, to serve the Tigard Water Service Area. 2. The City shall develop and maintain a water system master plan to coor- dinate the improvement and expansion of Tigard Water Service Area infrastructure to serve current and projected demand. 3. The City shall require maintenance access to all public water infrastruc- ture and easements. Comprehensive Plan City of Tigard 11-7 - PUBLIC FACILITIES AND SERVICES 4. The City shall coordinate with Tualatin Valley Water District to require adequate supply and pressure to meet consumption and fire protection needs for the portion of Tigard served by the District. 5. The City shall ensure Tigard Water Service operations remain financially self-supporting. 6. The City shall require all new connections within the Tigard Water Service Area to pay a system development charge. 7. The City shall comply with all state and federal laws and regulations relating to potable water. 8. The City shall require all new development needing a water supply to A. connect to a public water system; B. pay a system development charge and other costs associated with extending service; C. ensure adequate pressure and volume to meet consumption and fire protection needs; and D. extend adequately sized water lines with sufficient pressure to the boundaries of the property for anticipated future extension. 9. The City shall encourage water conservation through informational programs and maintenance of the system. 10. The City shall prohibit activities that have the potential for contamina- tion of the municipal water supply. RECOMMENDED ACTION MEASURES i. Develop partnerships with neighboring jurisdictions in securing a long term water supply. ii. Construct water distribution facilities in areas with minimal visual impact upon the community. iii. Identify and map developed properties that are not connected to the municipal water supply. iv. Continue funding a maintenance program that ensures adequate pressure and flow, protects water quality, and minimizes water loss. v Identify areas of the City with low water pressure and implement solu- tions to address these issues. vi. Regularly review and update the Community Development Code as it applies to potable water. vii. Continue producing and distributing informational materials related to water supply and conservation. viii. Update water system development charges as needed. 11-8 Cityof Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES ix. Research and implement a system development charge structure that doesn't penalize residential structures for installing a fire sprinkler system. x. Develop and implement a Capital Replacement Program for the water distribution system. xi. Survey the community to gauge their attitude regarding a fluoridated water supply. Section 3: Wastewater Management Wastewater services within Tigard are managed through an agreement between the City and CWS. The agreement assigns the City enforcement of design and construction standards, rules and regulations, and rates and charges governing the use of, and connection to, the wastewater system. In return, CWS acts as the regional wastewater authority that provides, owns, and maintains sewer lines with a diameter of 24 inches or greater (the City owns less than 24-inch lines), as well as pump stations and treatment facilities. CWS "Laizd use is also responsible for the planning of waste- water collection in the Tualatin River basin. applicaw-s 1, are required CWS owns and operates the Durham Wastewater Treatment Facility. The facility is operating under the basin-wide NPDES permit and is in compliance with Clean Water Public Facilityy Act regulations. The City has an IGA with Clean Water Services to perform manage- ment and maintenance tasks on City-owned coiiiiectbig to wastewater infrastructure to ensure continued compliance with the regulations. City owiied j' The CWS Collection System Master Plan Update wastewater (2000) is the current plan for wastewater bifrastrucoire. collection in the Tualatin basin, including the City of Tigard. The primary focus of the plan was to analyze future capacity of the system - and found that all existing lines within the City of Tigard have adequate capacity to accommodate anticipated growth. The City has also developed the Sanitary Sewer Facility Plan Map to help priori- tize projects and schedule improvements to the system through the Capital Comprehensive Plan City of Tigard 11-9 _ PUBLIC FACILITIES AND SERVICES Improvement Plan (CIP). The facility map is continuously revised and shows the locations of all current and proposed lines within the City. The map allows the City to plan for new construction and also identify developed neighborhoods not currently being served by the wastewater system. The Neighborhood Sewer Extension Program was established in 1996 by the City to extend public infrastructure to unconnected neighborhoods. This program encourages property owners to retire septic systems and connect to the City sewer system. The program does require property owners, upon connec- tion, to reimburse the City for a fair share of the total cost. To encourage participation, the City also established the Neighborhood Sewer Reimbursement District Incentive Program that provides options for limiting the financial burden on the property owner. In addition to the operation and maintenance of the existing wastewater system, the City is responsible for implementing the CWS Design and Construction Standards (2007). Land use applicants are required to obtain a Public Facility Permit when connecting to City owned wastewater infrastructure and must comply with the standards as part of the development review process. This function is outlined in the IGA between CWS and Tigard and is carried out by a city engineer. Funding for the wastewater system is generated from three sources. First, devel- opers finance the construction of new sewer lines needed to service their new developments. Secondly, during the building permit process a connection fee is collected by the City. Most of the fee is transferred to CWS, but a portion of the fee is retained by the City for system improvements. Finally, the monthly sewer service fee is collected on the utility bill and a portion is retained by the City for operations and maintenance of the wastewater system. KEY FINDINGS ■ The expansion and maintenance of wastewater infrastructure is an impor- tant factor affecting growth and development. ■ The City coordinates the expansion, operation, and maintenance of waste- water infrastructure through an IGA with CWS as a "self-service provider." ■ The City owns and maintains wastewater mainlines sized 6 to 21 inches in diameter. ■ A number of unserved neighborhoods have been provided the oppor- tunity to connect through the Neighborhood Sewer Extension Program. 11-10 City of Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES Additional neighborhoods have been identified as potential participants in the program. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. POLICIES 1. The City shall require that all new development: A. connect to the public wastewater system and pay a connection fee; B. construct the appropriate wastewater infrastructure; and C. comply with adopted plans and standards for wastewater management. 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. 3. The City shall require the wastewater management system to comply with all applicable federal, state, and regional regulations and programs. 4. The City shall require maintenance access to all wastewater infrastructure and easements. 5. The City shall prohibit the repair or replacement of septic tank systems within the City, to the extent it has jurisdiction, unless it is not feasible to connect to the wastewater system. 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. 7. The City shall require wastewater fees to be adequate to fund the opera- tions and maintenance of the system. RECOMMENDED ACTION MEASURES i. Collaborate with Washington County Department of Health and Human Services on developing an efficient protocol for notification of failed septic systems. Comprehensive Plan City of Tigard 1141 - PUBLIC FACILITIES AND SERVICES ii. Regularly review and update fees and charges to ensure they are suffi- cient to meet the needed operational costs. iii. Identify and map properties not connected to the public wastewater system. iv. Continue the sewer extension program in order to encourage all proper- ties to connect to the public wastewater system. v Continue a proactive maintenance program to prolong the life of the infrastructure. vi. Develop and implement a Capital Replacement Program for the waste- water collection system. Section 4: Community Facilities The City of Tigard provides many community services, while special districts supply a portion of the facilities and services that make the community what it is today. All of these facilities and services must maintain a level of service that is adequate for the current population and, at the same time, must plan for and accommodate future growth and development within Tigard. This is why collab- oration during the development process is essential to ensuring the services will be available and funding options will continue to exist with an acceptable level of service. City-owned facilities include the Tigard Public Library, the Senior Center, and a number of administrative and equipment storage facilities. The library is a new facility that was funded by a community bond measure and opened to the public in 2004. The library offers a wide range of services and programs and acts as a community center for Tigard residents. The library has experienced a significant increase in use since the new facility was opened. The Senior Center is a hub of activities for the aging population in the commu- nity. Social events, classes, and meal services are a few of the offerings. Other City-owned facilities are dispersed around the community and house various City personnel and equipment. These facilities are vitally important to support the provision of public services to the community. Two public school districts serve the City of Tigard's school-age children: Tigard-Tualatin and Beaverton. Only Tigard-Tualatin owns property and operates schools within the Tigard city limits. Both districts have seen steady growth over the years and are an important component of reviewing develop- ment applications to ensure school capacity is not exceeded. Additionally, this working relationship is important to finding appropriate sites for new school 11-12 City of Tigard Comprehensive Plan A*Mk PUBLIC FACILITIES AND SERVICES '411W facilities that will limit the impacts to the neighborhood and traffic flow. Public safety is a critical component of a livable community. There must be adequate and effective services, as well as the necessary infrastructure, to respond to emergencies in a timely and efficient manner. This not only applies to the current population and built environment within the City, but also to new growth and development. The Tigard Police Department provides police services, while Tualatin Valley Fire & Rescue (1VFR) provides fire protection and emergency services for the community. Both have an intergovernmental agreement with the Washington County Consolidated Communications Agency (WCCCA) for 911 service and public safety communications. TVFR is a fire district that covers 210 square miles, has a five-member board of directors and is funded through a permanent tax rate on properties within the district. One way for Tigard Police and TVFR to gauge their level of service is by tracking their incident response time. Both pride themselves on quick "Altbougb response time to calls for service, but as devel- opment occurs, added traffic volumes and • the associated congestion can cause a delay in departments response time. This has led to, and will continue to lead to, the need for emergency services to expand their services and facilities in order to continue providing adequate service. involve Since growth and development will impact both in land use fire and police services, Tigard Police and TVFR planning, have the opportunity for review and comment during the land use application process. They tbeh-p-ovisloll. evaluate proposed projects to ensure an adequate level of service exists for the development • sei-vices is and no impediments will occur to hamper the affected by ability to perform their functions. For TVFR, street design and placement is very important • • for access and egress of its equipment. A well connected street network is also essential to development. improving response times, for both fire and Comprehensive Plan City of Tigard 11-13 _ PUBLIC FACILITIES AND SERVICES police services. During the land use application process, TVFR reviews hydrant locations, adequacy of firefighting water supplies, and viability of apparatus access to ensure meeting fire code requirements. In addition to providing a built environment that is accessible for safety equip- ment, the City has adopted the Oregon statewide minimum fire code and performs inspections on new construction. The fire code outlines the required equipment for various development types and sizes. Homeowners can volun- tarily take steps to reduce risk of fire by installing equipment and providing a defensible space around structures that are located in an area at risk of wildfire. KEY FINDINGS ■ Growth and development will place increasing demands on the Police Department, which has an average response time that has increased by 16% over the 5 year period from 2002 to 2006. ■ Areas of high population density and commercial areas, particularly Washington Square Mall, place high demands on the Tigard Police Department. ■ TVFR provides fire protection services for the City through an IGA. ■ The dependability of fire protection is based in part on the distribution and capacity of the City water supply. ■ The City owns all fire hydrants within its boundaries. ■ The community has an ISO fire insurance rating of 2, one of 15 in Oregon. Street widths must be adequate for fire equipment access and egress, which may conflict with development that is promoting a pedestrian-friendly envi- ronment through narrower streets. ■ Appropriate fire detection and. suppression equipment installed at the time of development is cost-effective and invaluable in reducing the community's risk to fire. ■ Two public school districts serve the City of Tigard's school-age children: Tigard-Tualatin and Beaverton. The school district boundary dates back to 1910, prior to Tigard's incorporation. ■ In both 1993 and 2006 city surveys, Tigard residents named schools, educa- tion or school funding as top issues for the community (ranking 6th and 4th, respectively). ■ TTSD owns a number of properties in Tigard. The Beaverton School District does not own any property within Tigard. • TTSD estimates slow steady growth: 4.6% rate by 2010, with no additional schools planned for City limits. 11-14 City of Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES ■ Beaverton School District is experiencing rapid growth and is looking for land for a future school in the southwestern quadrant of their district, which includes schools attended by Tigard residents. ■ The new library has experienced increased usage (80% increase in visits from 1996 to 2006) since its completion, and as growth and development occur in the community, additional pressure will be put on the services offered. ■ The library is valued as a community center for public meetings and other events. ■ Although not all City departments are directly involved in land use planning, their provision of services is affected by growth and development. These impacts on government services must be considered during the land use application process, as well as additional facilities that would be needed to house them. ■ City sustainability programs will be evaluated for inclusion in the Capital Improvement Plan and may have an impact on future building renovations as it relates to the Tigard Community Development Code. • The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. POLICIES 1. The City shall support the provision of accessible public facilities and services through ensuring adequate administrative and general gover- nance services. 2. The City shall continue to develop and maintain a Capital Improvement Plan to help provide for the orderly provision of public facilities and services. 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. 4. The City shall require that all new development: A. can be provided fire and police protection; Comprehensive Plan City of Tigard 11-15 _ PUBLIC FACILITIES AND SERVICES B. provide Tigard Police, Tualatin Valley Fire and Rescue, and the school districts the opportunity to comment on the proposal; C. have sufficient fire hydrants and fire flow; D. have a street layout and design that is accessible by emergency vehicles; and E. have buildings that meet fire and building code requirements. 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. 6. The City shall provide library services that are accessible to the commu- nity and are sufficient to meet user demands. 7. The City shall coordinate with the school districts to address capacity needs associated with population growth. 8. The City shall locate appropriate municipal administration offices and services in downtown Tigard. 9. The City shall ensure the Senior Center is accessible and available to serve the needs of the aging population in the community. 10. The City shall: A. plan for and provide sufficient resources to respond to emergencies; B. coordinate and collaborate with the appropriate jurisdictions, agencies, and districts for emergency response; C. participate in emergency preparedness exercises on a periodic basis; and D. maintain an Emergency Operations Plan that is updated on a regular basis. RECOMMENDED ACTION MEASURES i. Continue using the 5-year planning period as the foundation of the Capital Improvement Plan and continue implementing the Council approved projects each fiscal year. ii. Work with public safety agencies and districts to protect their ability for continued service provision. iii. Review the Community Development Code to identify locational barriers to constructing new schools and fire stations. iv. Research and identify funding sources to maintain and expand City services. v Use current and future technologies to educate, alert, warn, and direct citizens to action in the event of major emergencies and disasters. vi. Work with Tualatin Valley Fire and Rescue to inform the community 11-16 City of Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES about the risks of urban interface wildfire. vii. Plan and locate emergency evacuation routes outside of flood prone areas. viii. Implement and update the 20-year Facility Plan for the continued stew- ardship of public buildings. Section 5: Private Utilities Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utib- ties. These private utilities pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. This protects the public's past and ongoing investments in rights-of-way and other public lands. The fee also adheres to an equity principle that private companies should pay for the privilege of using public property to conduct business, just as they pay for the privilege of using private property to conduct business. The services provided by these private compa- nies and the associated infrastructure are essential to the community. As growth and 'Viicoordbiated development occurs within the community, the City must require that these services are avail- able and coordinate their extension during the development process, while at the same time histallatiolls protecting the primary intended use of public hi the • rights-of-way and other public properties. This z coordination, and cooperation between the various entities, helps to avoid conflict with current and planned infrastructure in the right-may result of-way and provides fair opportunity to access the right-of-way.. Additionally, uncoordinated • utility installations in the public right-of-way street cuts aiid may result in multiple street cuts and increased public costs to maintain curbs, gutters, streets, bicreased • and sidewalks. costs. The placement of utilities in the public right- of-way is regulated by the Tigard Community 1 - - Development Code. During the development review process, a city engineer approves plans showing the location of utilities. New development is typically Comprehensive Plan City of Tigard 11-17 - PUBLIC FACILITIES AND SERVICES required to place utilities underground unless they are already in existence above ground, or where the action would not be feasible. In certain cases, where undergrounding is not feasible and the utility crosses or is adjacent to a public right-of-way, an in-lieu of fee may be assessed and placed into a fund that is used to move existing utilities underground elsewhere in the City. The City has also recognized the demand for wireless communication services and adopted regulations for the facilities necessary to provide them. The infra- structure needed to support the services has a visual impact upon the commu- nity and collocation efforts are encouraged by the City to minimize that impact. Collocation is the practice of placing the communication equipment of two or more companies on one structure (wireless tower). KEY FINDINGS ■ Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utili- ties. These private utilities pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. ■ As growth and development occurs within the community, the City must ensure that private utility services are available and coordinate their exten- sion during the development process. ■ Collocation of wireless communication equipment and the location of the towers upon which the equipment resides have a direct visual impact upon the community. ■ As an equity principle, private companies should pay for the privilege of using public property to conduct business. ■ A key task of the City is to protect the public's investments and the primary intended use of these assets. GOAL 11.5 Private utilities provide the needed energy and communication services for the community. POLICIES 1. The City shall require that all new development: A. secure the required energy and communication utilities; B. place new utilities underground, when feasible, or pay an in-lieu-of fee when crossing or adjacent to a public right-of-way; and 11-18 City of Tigard Comprehensive Plan PUBLIC FACILITIES AND SERVICES C. provide necessary easements for energy and communication services. 2. The City shall require the placement of existing services underground, when feasible, or pay an in-lieu-of fee during redevelopment or street construction. 3. The City shall coordinate with private utilities during installation to minimize public costs to maintain curbs, gutters, streets, and sidewalks. 4. The City shall require the collocation of wireless communication services on existing towers whenever possible. 5. The City shall manage the siting of wireless communication towers to minimize visual impacts on the community. 6. The City shall manage private utility use of the public rights-of-way and other public lands to: A. protect the primary intended use of these assets; B. provide fair opportunity to access these assets, including those involved in emerging technologies; C. protect the public's past and ongoing investments by assessing suffi- cient charges for the privilege of using these public assets; and D. Ensure the community has equitable access to essential private utilities. RECOMMENDED ACTION MEASURES i. Identify and map areas that are conducive to using in-lieu-of fees for placing utility lines under ground during City projects. ii. Continue implementing no-pavement-cut policies on identified streets. iii. Review and improve the protocol for collocating wireless communica- tion services. iv. Research the feasibility of and survey the community support for a City- owned wireless internet cloud. Comprehensive Plan Cityof Tigard 1149 EXHIBIT „ , , fern-thc-vy 74 GENEPAL FiRdngs GAGIFAIMIURity goals emphasize the ma-intain the high quality of faG"Oties and 6eFv*Ge6 within the GAY-: 68FAFAUnity needs. The F=GFFnat*GR Of pFivate utility diStFiGt6 (wateF, seweO Gould Mate laRd management pFebleFn6 within the POUGES 7.1.1 THE GITY- SHALL-. AND 1~i11Pzr TEMENT A GARITA-cc I IMPROVEMENTS PROGRAM IN v. PREPARE rv cv- ~ c.. GONoUNCTION T NAS-HING-TON COUNITY-AND THr= PPLIC 1€L€ SE=iNIIC€ DISTRICTS; D. WORK WITH -THE SERVIGE DISTRIGTC TO PROVIDE A COORDINATED SYSTEM CPA2007-00004 City of Tigard 1 Goal 11 I'1URBAN CED\/1/'`CC IN A!'(`ORI'IAAI('E IA/ITH TUC GOMPREHEAICI\/E DI AN G. PROVIDE TO THE EXTENT- OF THE /`ITY'C FIAIAAICIAI RESOI RGF=S• tcvvv cv~, d. USE THE GAPITAI IMPROVEMENTS PROGRAM AS A MEANS FOR DRM-/IDlh'G FOR ORDERLY GROWTH AND THE EFFICIENT USE OFLAND; -DEVELOP A COMPREHENSIVE DI AN WTH CONSIDERATION REING GIVEN TO THE I E\/EI ARID GAPAGITY OF THE EXISTING CED\/If EC• AAIf~ f ADOPT I OGATIONAI CRITERIA AS THE BASIS FOR MAKING OEGICIONS AROI IT THE PDODCD I O('A -!ON FOR DI IRI I!` FAGWI ITIEC 7 1 2 THE PITY SMALL REQUIRE AS A PRE !`ONDITIOAI TO DEVELOPMENT APPROVAL THAT- GGINGIOE \A/IT H THE AAa c AI ABILITY 9F-n9€Q1~!!T€ S€RVIG€ ac c • ~ ~ c a DEVELOPMENT vv v GAPAG 1 PI IRI IG WATER; PI IRI IG SEWER SHALL RE REQUIRED FOR NEW DEVELOPMENT WITHIN THE CITY UNLESS THE PROPERTY IAI\/OI \/EO IS O\/FD 300FEET FROM A SEWER LINE AND WASHINGTON COUNTY TY HEALTH DEPARTMENT ADDRO\/AI FOR A PRIVATE DISPOSAL SYSTEM IC ORTAINED; AND STORM DRAINAGE THE FAGII ITIEC ARE: I l. E OF ADEQUATELY CED\/IAIG AI I INTER\/CAIING PROPERTIES AND THE PROPOSED OE\/EI ODflAEA1T• AAIO 2 OECIGNM TO CITY CTAAIOADOC ~~~e ~ AI I NEW DEVELOPMENT 1 ITII ITIEC TO RE DI AGF=D UNDERGROUND. (peIMPI EMENTATION STRATEGIES a. The rstaging of faGwlitieg will be bassed on the availability of Anw;Gial reroUFGes-; b. PFieFitffies will be based OR GOnsideFations of* 1) Health and sa" ,fasters; 23-Gest benefit fasters; and 3) SeGial and eGenOFAiG Reeds. 2. As a part nf thp QernmuRity Development Code, standwds will be iMluded iA: CPA2007-00004 City of Tigard 2 Goal 11 the developeF shall be requippd to mdend the sepviGes to the site a r the Tht; T*gaFd Community Development Code 6hall establish an OFd'A;-;R-- A t S.- a. That servon-erb sh-RU She A-Aended ftem property line to prepeFty line, inGluding seFVbGeS leGated adjaGent Nghts of way; except b. That the eFdffinanGe shall ailew for the phasing Of SUG APPFIGPI; 4 seFV Ges to premete aR effiGient use of land aRd thus an effident qFevAh pattem. This merhanism will basirally 7.2 QTORIIA DRAINAGE ARID WASTCIAIATCR 11AANIAC-CII EN Findings The prarnaFy wateF quantity pFeblern is everbank flooding that GGGUFS when storm wateF quaRfity exGeeds- eapaGuty. o rr fGF the City in 1981, whiGh iRS38FPeFate6 existing Most ef the following polbsie6 have been tFansfeFFAed inte Gity Fegulatiens. PGWGIES 7.2.1 THE CITY SHALL REQUIRE AS A PRE GONInITIONl TO DEVELOPMENT THAT; a. r► A SITE DEVELOPMENT STIvv , 131== InV Rv SUBMIT,M FOR DEVELOPMENT IN AREAS , c n v, r , SiJl3jEGT- TO POOR DRAINAGE, GROUND INSTARUITY 0 S 144 nrS THAT THE PEVEI cvrn,e, OPIIAENIT IQ SAFE ARID IN 1 NOT CR=ATE AnVCRSC e vr~r~-rc,TO~►rcc crave OFF-S-IT-E IMPACTS; NATURAL DRAINAGE WAYS RC MAINTAINED UNLESS SUBMITTED STUDIES SHOW THAT ALTERNATIVE DRAINAGE SOLUTIONS SAN Sool=vim eJ-v;T€- eB PROBLEMS AND WILL ENSURE NO ADVERSE OFF SITE !MRAGTS; G. A DRAINAGE GAN BE H SITE OR THERE I~ ANI A ~TE~iNIAThIE ALL 9Rc--A Nl►.n a6€n Gr-~,- Ohl .r,► OD rl. , THE ,ov YEAR , err o., . E THE 109 YEAR CI OODPI AINI C a THE 1884 CL 6€V1\TIAN AS r €~T!!€61SH€B BY ~,-,~-~,-r- INSURANGE STUDY CONDUGT-ED 13Y THE U.S. ARMY CORPS OF ENGINEERS BE PROTECTED; ANIn Nv11 A E SIt-1 T-c °c. EROSION CONTROL TECHNIQUES BE I []ARY -~v crr~ , rtcrc f t PART OF OF THE cl CPA2007-00004 City of Tigard 3 Goal 11 ncv~l 4FNT DI N OPED AREAS-, OPP- N RD ATE 1 A 1 G1fdl;}>~1~~~~ ' f- pdiRgs O EF4&jea 4e-GAY Oswego, Gitizess 4 S-. i i. ~ V 2. to all o Goal 1 CPA2007-00004 4 City of Tigard 7.4 SEWER SERVICE PndiRgS In nrdeF to more effiGieRtly U6e existing YaGaRt land within the alFeady developed aFea, the network 0 aFeas.. There a Fes6dents uri4hi ;is thorifier, the dye method of tFaGing rept'G tank i GOPAaminatien *6 inadequate. to the we6t on Bull Mountain) may peFFRmt Septir. 6y6teFn6 that may fail. DevelopmeRts *R these ame-as 6hould eitheF be Fecluired to have pUbliG 6eweF 6eFV*Ge eF have IaFger 10t 6ize6 than Row aFe allowed 9 eF►vlsleF~e~ POWGiEs 7.4 .1 THE CITY SHALL- - a DE\/EI !1R A GOMPREHEAICIVE CE\A/CR PLAN THAT ID9NTICIES TI••IE RRECEAIT AND 111- 11- ' RROR.AR1 E ROUTES OF FUTURE T-RUNKI=INF=S*, h. REQUIRE THAT FUTURE EXTENSIONS OF DOLL€GTOR SEWER LINES SHALL vrr,c vv r (USA)--, WITH ALL GITV ORDINANCES AND AGREEMENTS RETIAIEEN THE e C°p^T ~B , G. ADOPT A rI EAR AND GONGISE AGREEMENT NTH USA, NPL€M€NT;NG THE 'rTrrvcv<rc-r-<r,or-vv...~r ~ GI-T POLICIES-FOR EXT€Pnln THFM AVeT,ILMRIL OF c€aAEE S€RVIGGS-°-."hp ENGOURAGING THE PHASING OUT OF SEPTIC TANKS. A. THE GIHALL REQUIRE T eAT AREAS DETERMINED RV THE WASHINGTON GO' IAITV HEALTH 9€ AR<T :"TENT OR THE STATE DEPARTMENT OF ENVIRONMEN -To HAV9 FAILING SERTIG SYSTEMS SHALL BE GONN€GT€B TO THEM PUBLIG-SEW€R s i c r vcr ~ rv SYSTEM.. 7.4.3 IN THE DEVELOPMENT OF NEW SEVXR CVCTEMS RRIORITV CHAT 1 • CPA2007-00004 City of Tigard 5 Goal 11 sill. Gam' ~~egt~s eve~e2 a-e#se ` G"A G CPA20077 -00004 City of Tigua POIJUES 7 5 1 THE CIP4 SHAT I COORDINATE EXPANSION OF POLICE PR6lT€l'TION, SERVICE AND rv--r-ma-v rr~~ ~cc rc r• yr v CAGI ITICQ WITH TI"IC QA ERAI 1 GRl 09H OF THE !`l1MM IAIITV 7 .5.2 AS A CART OF THE ONGOING-3 DEVELOPMENT REVIEW THE GITV SHALL a REQUIRE c IN 1 In- THF= AREA OF THE PROBLEM; h 1 ITII 17C DEFENICIRI C SPACE CONGEPT-S; AND G. #El111 1RC T~I~ C TIGA POLICE B€RfIRT A/ BECI f1C11 EN ~,--r.r.vCID -,-oN~rVI€N~ TO I~€a/~~R~l~co,~,T~r-.,- IMP EMENTATION CTRATC(_ICQ 11 a. The LaRd Division seGtien of the T-ogaFd Community Development Gedeo; and aFea of the pF4Db!eFn-, app"Gati aFea Gan be adequately sewed with PGHG9 ffeteGtieo- GOFFer.tive rAearUFes that would have to be taken by the Gity, pelirse depaFtment eF peFsens pFopes*Rg IF 7A FIRE CRQTCf`TIf1A1 Di61f16E #4- CPA2007-00004 City of Tigard 7 Goal 11 Darin 1-linhwa r Main StFeet; Walnr d StFee+• r T'edeman• i (e.g., r-rerzsings at Hall Be- Ward And Main Street. POUGY 7 ra 1 THE GO ITV 2-HALL DCP11 IIDC AC A DDC C-0-N'IIITI(1AI T!1 nC\/C1al1m ~m~-~rn-cr PM ENT- THAT-; c c THR DEVELOPMENT CGOVGn RY A IAInTCD SYSTEM HAVING ADEQUATE rvcrv-rw 1A/ATCD DDCCCI IDC FOR CIDC PROTEGTION PURPOSES-; Wl- -rrrv THE DEVELOPMENT- Cd HALL NOT R€DUG€ THE WATER PRESSURE lN THE ARE-A. nEC 4cei n rc irl nr~EQUATE FOR FIRE PROTEGTION PURPOSES*; AN 6. THE APPLICABLE CIDC IIICTRIGT- REVIEW A6 L ADDI IGATIONS MADI CMCAITATIGN CTDATCf_ICC i. The City and pFivate developeFs Will GOeFdinate With the appliGable AFe destF*Gts an all development proposals vAthiR the Gity. r an. 7.7 PRIVATE UTILITIES Findings There Os a need fGF development of a Gapital impmvement plan tO GOOFdinate pFegFaFns developed by RONG~ :7.7-A MAI INITY I A D I ICE AAIAl1A1G C4AI I RC COORDINATED WITH DDIVATC I ITII ITV AGENCIES TO raNSURE THE AV IIABII ITY O,SE-RVICES I^A44F=pl~ '€€B€B. CPA2007-00004 City of Tigard 8 Goal 11 Fights of way (e.g., Gity and Gounty pub'*G WQFks depaFtFneRt6) tO 9RSUFe that eaGh Utility *6 PF9VOded with The Gemmunoty Development Cede shall provide for the MWAW nf Fwnh f Gffil*t*eS ~.~--SGH99I~S I=1Rd*Rgs Warming Afea. Students in the ReFthwest r.OFneF of T-igwd attend the BeaveFten SGheel D*StFirt #48. These imegula i . Families living in :P*gaFd with n-hildirtan attending 13eaveFten r.Gheels Fnu6t pay out ef d*StF*Gt fees fe Many of these 6ame fam"ies often subSGfte to the Valley Times iR OFdeF tO FeGeive BeaVeFtOR SGheel DiGtF*Gt news. The Valley Time6 does not, heweveF, GaveF T-ogaFd news, espeGially Felated Both existing and future SGhoels Gan help define rer-,*dpnto;al R HiStOFOGally, the srheel distFirt and the City of T-igaFd have GOOpeFated *R the use of faGilities. State land u6e gea!6 aAd guideline ffatien and GOOFdunatien *n land use desosiem between Beth of the srheel d*StF;Gt6 that sewe TmqaFd are separate taxing di6tF;Gts aRd are not the respensblity e I~9NG-1~ Q THE GIPv SHALL WORK Gcv r OSELY WT-H THE SC-HC-)Q-I- BISTRIGTS TO ENSURE THE rv-r yr r-r~~tvrz'ra~ -rrTC- v c ~ MAXIMUM GOMMUNITY USE OF [THEI SCHOOL FAGILITIES FOR TIGARD RESIDENTS THROUGH LOCATIGNAL GRIT-ERIA AND THE PROVISIONS OF URBAN SERVIGE& IMPLEMENTATION STMATRGIRR development CPA2007-00004 City of Tigard 9 Goal 11 pip~ . i fr Goal a1 10 CPA2007-0pp04 City of'rigatd P()WGY 7.10.1 LOCAL GOVERNMENT- ADMINISTRATION FACILITIES SHOI 11 D REMAIN CENTRALIZED IN THE CENTRAL BUSINESS DISTRICT. I~ATr PLEME ITATION STRATEGY 7,11 LIBRARY S-FERVICPS Findings y :741 T-HC rl~vrTY-CvrHALL ~AMF=RE PCON~vrMICAsl U C-FEASIBLE PROVIDE FOR LIBRARY SERVIGES \A/4 1GH 11ACCT THE I ICCR DEMAND 0C ITC DCCIDENTC IAADI CAACAITATION CTRATC!_V 7.12 SOUP IMSTE DISPOSAL AND RECYCLING Find{Rg6 ThA_ FP_GYGHng ef selid waste GORseiver, limited natural FeseurGes and energy. :Fhe MetFOpolitan SeFv;re D*StFaGt (MSD) has been designated with the pFimaFy Fe6pensibility of finding a waste management plan whiGh is used to guide aGtivities SUGh as the 6eaFGh fbF new Fegional landfills CPA2007-00004 City of Tigard 11 Goal 11 G094A-Illti :114:1-4 was sandtaFy-landfills- PnI,~:GIE-9 MANAGEMENT-PLAN, ANO Will PARTICIPATR IN pP. PROPRIATG SHOI~vC ORCbl C\/CCV DAV i~~ CAITATIlIAI CTPATEG PAPS City Hall and City 4akt~~~- CPA2007-00004 Goal 11 City of Tigard 12 AGRICULTURAL LANDS 0 regon Statewide Planting Goal 3: Agricultural Lands, requires local governments to "preserve and maintain agricultural lands." Goal 3 states that only land that lies outside Urban Growth Boundaries can be classified as agricultural. This directs counties to identify, preserve, and maintain lands for farm use, consistent with existing and future needs for agricultural products, forest and open space and with the state's agricultural land use policy expressed in the Oregon Revised Statues. The City of Tigard, which is located entirely within an Urban Growth Boundary, therefore contains no agricultural land according to the definition of Statewide Planning Goal 3. However, the City of Tigard supports the efficient use of urban land within its city limits to help preserve designated farm lands in rural areas. By encouraging compact growth within the city, Tigard can help to slow urban expansion into rural areas. Chapter 14, Urbanization, discusses appropriate and timely urban expansion. 3-1 City of Tigard Comprehensive Plan FOREST LANDS 0 regon Statewide Planning Goal 4: Forest Lands, requires local governments to "to conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture." Land is considered forest land only if it was acknowledged as such when Goal 4 was adopted. The City of Tigard has not identified any forest lands within its city limits, therefore contains no commercial forestry land. For this reason, the City of Tigard has not adopted any goals or policies related to commer- cial forestry. However, the City of Tigard recognizes the importance of the management and preservation of urban trees and has adopted goals and policies pertaining to trees (see Chapter 2: Land Use and Chapter 5: Natural Resources). 4-1 City of Tigard Comprehensive Plan EXHIBIT B MEMORANDUM TIGARD TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Hearing - CPA2007-00004 DATE: December 5, 2007 At the December 4, 2007 City Council meeting, CPA2007-00004 was adopted with changes found in a memorandum to Council dated November 21, 2007. One additional change to the language found in the memorandum was made at the public hearing and is memorialized below. Goal 11.1 Policy 6 shall read: The City shall maintain streams and wetlands in their natural state, to the extent necessary pagsible, to protect their stormwater conveyance and treatment functions. ORDINANCE NO. 07-21 1 EXHIBIT B CPA2007-00004 - c~ COMMUNITY PUBLIC HEARING ITEM: SPAI' COMMUNITY The following will be considered by the Tigard City Council on Tuesday December 4, 2007 at 6:30 PM at the Tigard Civic Center' Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. 6605 SE Lake Road, Portland, OR 97222 • PO Public oral or written testimony is invited. The public hearing on Box 22109 • Portland, OR 97269 this matter will be held under Title 18 and rules of procedure a l~ Phone: 503-684-0360 Fax: 503-620-3433 opted by the Council and available at City Hall or the rules of pro-:a Email: legals@commnewspapers.com cedure set forth in Section 18.390.060.E. Further information may be obtained from the City of Tigard Plan- AFFIDAVIT OF PUBLICATION ning Division (Staff contact: Darren Wyss) at 13125 SW Hall State of Oregon, County Of Washington, SS Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. I, Charlotte Allsop, being the first duly COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00004j,p Y sworn, - Tigard Comprehensive Plan Update of Goals, Policies, and depose and say that I am the Accounting Recommended Action Measures Pertaining to Statewide Manager of The Times (serving Tigard, Planning Goal 11: Public Facilities and Services - Tualatin & Sherwood), a newspaper of REQUEST: Amendments to the current Comprehensive Plan Top- general circulation, published at Beaverton, in is 7: Public Facilities and Services by updating the goals, policies the aforesaid county and state, as defined by and recommended action measures to reflect current community() ORS 193.010 and 193.020, that conditions and values. The complete text of the proposed Amenllr~ ment can be viewed on the City's website at http:/,/www.tigard-- or.gov/code _ amendments. LOCATION: Citywide. ZONE: Ali City of Tigard 'City Zoning Districts. APPLICABLE REVIEW CRITERIA'--' CPA2007-00004CC Community Development Code Chapters 18.380, 18.390; Compfe- TT11053 hensive Plan Policies 1, 2, 3, 4, 7, & 10; Metro Functional Plans, Title 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, It and 14.11 a copy of which is hereto attached, was Publish 11/15/2007 TT11053 published in the entire issue of said newspaper for 1 weeks in the following issues November 15, 2007 - Cl~a.~ ~ off. L Charlotte Allsop (Accounting WManag November 15, 2007 NOTAR PUBLIC FOR OREGON My commission expires `-4n` 8 `D-0c) 7 Acct #10093001 OFFICIAL SEAL Doreen Lau hlin SUZETTE I CURRAN 9 NOTARY PUBLIC-OREGON City of Tigard COMMISSION NO. 373063 13125 SW Hall Blvd. MY COMMISSION IXPIRES NOV. 28, 2007 Tigard, OR 97223 Size:2 x 4 Amount Due $66.80 'Remit to address above 0 3 C0mMUNITY SPAPERS 'CITY OF TIGARD ~ ' 6605 SE Lake Road, Portland, OR 97222 • PO OREGON Box 22109 Portland, OR 97269 ' Phone: 503-684-0360 Fax: 503-620-3433 Email: legals@commnewspapers.com PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on-; AFFIDAVIT OF PUBLICATION Tuesday December 4, 2007 at 6:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. -,rit State of Oregon, County of Washington, SS Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure d&' I, Charlotte Allsop, being the first duly sworn, opted by the Council and available at City Hall or the rules of pro''-f, depose and say that I am the Accounting cedure set forth in Section 18.390.060.E. •n:)z Manager of The Times (serving Tigard, Further information may be obtained from the City of Tigard Plan Tualatin & Sherwood), a newspaper of ning Division (Staff contact: Marissa Daniels) at 1312,5 SW Hall general circulation, published at Beaverton, in Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. the aforesaid county and state, as defined by COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 ORS 193.010 and 193.020, that - Tigard Comprehensive Plan Update of Goals, Policies, and Recommended Action Measures Pertaining to Statewide Planning Goal 7: Natural Hazards- City of Tigard REQUEST: Amendments to the current Comprehensive Planr CPA2007-00002CC Topic 3: Natural Features and Open Space to update the goals;l TT11052 policies and recommended action measures to reflect current come` munity conditions and values. The complete text of the propose ft a copy of which is hereto attached, was Amendment can be viewed on the City's website at http://www.t*vr in the entire issue of said gard-or.gov/code_amendments. LOCATION: Citywide. ZONI-IZ Citywide. APPLICABLE REVIEW CRITERIA: Community, newspaper for Development Code Chapters 18.380 and 18.390; ComprehensiVlr 1 Plan Policies 1, 2, and 3; Metro Functional Plan Title 3 and 13; andq weeks in the following issues Statewide Planning Goals 1, 2, 7, 9, and 11. Publish 11/15/2007 November 15, 2007 TT11052 Z Cu,v L ql Charlotte Allsop (Accounting Manage f) November 15, 2007 NOTAR PUBLIC FOR OREGON My commission expires - -V\CX/. ,'2g I r_,)_bD7 Acct #10093001 OFFICIAL SEAL Doreen Laughlin SUZETTE I CURRAN NOTARY PUBLIC-OREGON City of Tigard COMMISSION NO. 373063 13125 SW Hall Blvd. MY COMMISSION EXPIRES NOV. 28, 2007 Tigard, OR 97223 Size:2 x 4.75 Amount Due $79.32 'Remit to address above City of Tigard, Oregon Affidavit of Posting In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 6 A h 6- 14 being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) ©7 0 K 07- 02 / , which were adopted at the City Council meeting of 00 7 , with a copy(s) of said Ordinance(s) being hereto attached and by refDe., rence made a part hereof, on the f , day of -e 44 6-,-,2-_, 20n_. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person who Perform Posting Subscribed and sworn (op4ifnipe4) before me this day of . DupmbU' .20o-7 OFFICIAL SEAL JILL M BYARS Sig ature of Notar Public for Oregon *NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14,2M 1:Wnn1,cathyUannsipost ordinance 2000.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- a 4 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00002 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapter 3 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 7; and WHEREAS, the Tigard Planning Commission held a public meeting, which was noticed in accordance with City standards, on September 17, 2007, and recommended approval of the proposed CPA 2007- 00002 by motion and with majority vote; and WHEREAS, on December 4, 2007, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2007-00002, and at this meeting the Tigard City Council adopted CPA 2007-00002 by motion, as amended pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2007-00002 is based on the findings and conclusions found in the City of Tigard staff report dated September 7, 2007 and the associated record which are incorporated herein by reference and are contained in land-use file CPA 2007-00002. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in EXHIBIT A; and SECTION 2: Revisions to EXHIBIT A, as made at the public hearing and as memorialized in EXHIBIT B, are incorporated by reference; and SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. .ORDINANCE No. 07-a0 Page 1 PASSED: By vote of all Council memb rs present after being read by number and title only, this zltl- day of )2007. Carol A. Krager, Deputy City Recorder APPROVED: By Tigard City Council this day of 2007. - /11 ~A i&ffiqUitksen, Mayor A roved as to form: City Attorney ORDINANCE No. 07-,O Page 2 EXHIBIT A Hazards "To protect people and propery from natural ha.Zardr. " Natural features provide a community with valuable resources but, under certain conditions, these resources may also present a hazard. For example, rivers and creeks are important for storm water conveyance, wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire, landslides, flooding, and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man- made hazards. "To protect people and property from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural systems in protecting the community from hazards, and additionally recognize that although landslides, earthquakes, wildfires and floods occur naturally, the effects of these events "Hazards are often made worse by human activities. Hazards can have a significant negative impact can ' on a community's quality of life. It is important significant for the Comprehensive Plan to provide policy negative direction on how the City will manage hazardous conditions and events. Land use planning, devel- opment regulation and emergency management community's play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding quality of of underlying natural conditions and past event life. history to develop hazard mitigation and preven- tion programs. EARTHQUAKES Because hazards, such as earthquake faults and floodplains, extend across Comprehensive Plan City of Tigard 7_1 HAZARDS jurisdictional boundaries, it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes, Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI, Tigard coordinates with Metro, Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To minimize loss of life and property from earthquakes, the City requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements, while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category D1. WILDFIRE In Tigard, wildfire is characterized by the Urban Interface Zone, or the urban- rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department of Forestry implements the Oregon Forestland- Urban Interface Fire Program, which is expected -wildfire is 1 to be fully implemented by 2011, in order to protect interface communities in Oregon from characterized wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (I'VF&R) to mitigate the by the Urban effects of wildfire. TVF&R is responsible for Interface all fire prevention and education, and has the opportunity to comment on all development Zone. applications. TVF&R also maps the urban inter- face zone in Tigard. The Oregon Department - of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; however, Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. LANDSLIDES People and property are best protected from landslide when building struc- tures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, 7-2 City of Tigard Comprehensive Plan drainage and groundwater alterations, and changes in vegetation. The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR infor- mation is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their impact on the community. Also, by retaining vegetation and natural drainageways in these areas, the City can work to identifying landslide hazards and limiting their impact on the commu- nity. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. FLOODING Floods are influenced by a number of factors, including the amount and inten- sity of precipitation, geography and geology, and development activity. The City of Tigard cannot control precipitation or the community's soil type but can control develop-"Hoods ment activity which contributes to, and is affected by, flooding. The City coordinates with several agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer devastating the national flood insurance program (NFIP). impact on The floodplain serves as the FEMA flood hazard regulatory area. Within this area, development every almost activities are regulated to minimize impacts on floodwater flows and storage areas to reduce aspect of the impacts from flood events. Oregon state law regu- lates development within the 100-year floodplain communit) 7. and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan, Tide 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Tide 3 through the Clean Water Services' Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, including private property damage, public infrastructure damage, and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas, if left undisturbed, can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers, requires a permit for develop- Comprehensive Plan City of Tigard 7_3 HAZARDS ment within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. OTHER HAZARDS Tigard is also at risk of non-natural or man-made hazards. Although state- wide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the "Tigard is ~'A' community is concerned about protection from non-natural hazards as well as natural hazards. also atrisk of Other hazards addressed by this section may non-natural include mass casualty transportation accidents, hazardous material releases, severe storms, or inan-n7ade terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous bazards. occurrences with other jurisdictions and agencies from around the state. BEY FINDINGS ■ The Cascadia Subduction Zone could potentially cause a 9+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could go up to magnitude 7. ■ According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level, with an additional 21 % falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. ■ Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. ■ The City of Tigard requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements, while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category D1. ■ The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. 74 Cityof Tigard Comprehensive Plan ■ Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. "Floods are ■ Landslides within Tigard have historically not caused major property damage. However in Oregon's other parts of the Portland metropolitan region they have caused considerable damage. most ■ It is estimated about 3% of the City's land, or frequently 286 acres, is vulnerable to landslides. ■ Human activities such as deforestation, stream O alteration, and urban development within the Tualatin basin have significantly altered the natural hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring - - natural disaster. ■ The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. • As of June 2006, Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. GOAL 7.1 Protect people and property from flood, landslide, earthquake, wildfire, and severe weather hazards. POLICIES 1. The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: Comprehensive Plan City of Tigard 7_5 HAZARDS A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall favor the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations, which include standards for base flood levels, flood proofing, and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural 7-6 City of Tigard Comprehensive Plan drainageways and wetlands as valuable water retention areas and, where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. -Lv,oi-k to reduce 12. The City shall minimize impervious ' I / I surfaces to reduce storm water runoff 13. The City shall retain and restore life and damage existing vegetation with non-invasive to pi-operty / species in areas with landslide severe weatber potential to the greatest extent possible. events. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. RECOMMENDED ACTION MEASURES i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. v Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. Comprehensive Plan City of Tigard 7-7 HAzARDs viii. Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement the Wildfire Hazard Mitigation section of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. xiv. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. GOAL 7.2 Protect people and property from non-natural hazardous occurrences. POLICIES 1. The City shall design, construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. RECOMMENDED ACTION MEASURES 7-8 Cityof Tigard Comprehensive Plan i. Keep a current inventory of locations where hazardous materials might pose a danger to the public, including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response, and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v Encourage projects that enhance medical treatment capabilities and capacity. Comprehensive Plan City of Tigard 7_9 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Hazards; and Goal #8 - Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development, for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise, the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 WETLANDS €iadi~s and density of develepMeFlt WhiGh Gan he arnernme that fa r, A r, Mass- FRA-VA-MA-At hag- R(Dt resulted iR any major less of life eF pmpeFty thus far, beGause little in the way4Df CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-10 POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN' QF= 21401AINI THAT F=RTTnRI ISuED AND PROVEN THE DEVELOPER DEMONSTRATES THAT GENERALLY ACCEPTED ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; h. ARF=AS HAVING A SEVERE 5011= EROSIOPOTENTIAL; ARF= 9 CI B ECTT!(~1~-fSLUMPING, VEARTHS IDES OR MGVF=hACAIT• ~,E AC HAVING 21 PE-~7 IN EXCESS OF 2 5-0,4-; OR e AREAL HAVING CCVCAC WEAK Cl1UNPATION 2011 Q (Rev. Ord. 85-13; Ord. 84-36) IDAPI RhWhITATION QTRAT-RGICC 1. Areas having phy6mGal liFn4atiGA6 (pew dFainage, seasonal fleeding, URstable gFound) may be 6Ubj8Gt t9 2 ThA G*ty shall GgOpera-W weth nthAF agenGies to help identify these aFeas. i able g9919& ARd- ey*d-t;nrA IAIMA ngtuml hazards AFQ WARtified, the Gity will Fequ*Fe that F~adings 1. Control develepmeRt, as to not adversely affeGt the floodplawn and fleedway aFeasi CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7.11 PFGpA dAtdrnmtRi to the entire drainage system, i.e., the stwage GapaGity of thA mfRtAr nowst; IA;:rAnAd ;ipA , rate- R-A-F-Aers the baGiG ne-A-d- te- n-m-ntml development iR good pFeRe wears, it was f49URd that pUbliG kngwledge levels. need, should be Fersp@R60ble fGF PFOVidiRg the Gity With th9 AGGessary data f49F making RA'-'Rd denWn a ilitiss 1- the designated within the 4 00 yeaF fleedplain. A.G-G-QFdiFiq to the 1991 DFainage Mag-ter Plan Study GORdurted by GH2M Moll fOF thO Gity, fig0d 19VAIR A are -take; RgN6l€S 224 TuC GITV CuAI 1 DROHIRIT TINY LAND FROM Al TCDATIONS OR DEVEO PMENT IN' Tn-~ , v , v cc r.rr ~-cr --vc-.~z rrC v-n.--LIrc gnn FnL r WHICH nnnDL nll.l Inrnl u n DrCI u T IN lINY~I€€ IN €6€V11TION-~J;= vv -YEAR H „..vv' rcvvc T IC rl~ -vP4 S- r t~ DDOHIQIT 1 ARID FORM AI TF=- - lA1C nCVCI nDAACAIT IN' THE CI A nnnlArV* a R v ccv , . cvvvr. y*, F-=XG-FDT AInTCDv ~A.„mTI(1AICv, MAY AAAV Q-Fc AI.z1volnrFn InrHIGH PR€S€RV€OR €NIMANC€ TH rvc r .O.. cv-.. OR THE F' u1rTIn1.1 AND MAINTFn1ANC€ OR THE Z€RC2-FOOT RIR€ F1 QQQ y*, AND b ALLOW LAND F(1DA4 AI TFRATTICIN€-OR DENMI lPMENT IN Tur €~AOnDI nlnl* nl ITCInr TuF ZrpO FOOT DI€€ F6E1961W1lY* WHICH PR€S€k~a/E OR ENHANCE o v vc .-r, rc THE= CI NGTION OF THE ZERO FOOT DICC CI GODIAIAV* ppn\/InCn CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-12 1. THE I AND FORM A' TER eTION NDIOR DEVELOPMENT Is IN' AN ARF=A DESIGNATED ~,^^",R4F=RQ.A; ORInln1I2TRIAL ON T,u.E COMPREWEISIRAM SATISFIED; OR 2 THE LAND FORh'4 nI TE nTION Anlnrno DEVELOPMENT IS ASSC)GIATED WITW GQMh4' INITY REGREATION I p IS ES, UTILITIES, OR R PUBLIC SUPPORT T lTpT' T T PUBLIC I-T4E~ AS DEFINED IN' GWAPTE€t IF1 42 OF THE CO"A"Al,.,,.,o"',-: nCVCI Q-12MENT C-0-DE ARID THE FACTORS CET FORTH IN POLICY 3.2.2 CAN RC CATICCI Fe 3-22 WHERE II A,=- ND~ FORM ALTS ATIONS AND DEVE6 PMENTAALLeX9P WITHIAI TuC 100-YEAR ELnnnol elnl* OUTSIDE TWE 7FRO FOOT RISE F~OODWAY*, THE CITY SHALL ~o r r REQUIRE; THE STR€/lMPIO V CAPAEt4D4 -OF THE C€Ro,-OOH RISE FIGODINA I= MAINTAINED BE NO DETRIMENT- RI AI UPSTR BOW"'„STREA.h.4 €FFEC-46 IN :FHE FIG nnR1 n11.I* ApTHAT THE CRITERIA RET FORTH IN THE SE~'S'E ccrcrv, I AI, < A <EsA A, AND 1-411055 RECTION OF THE GODE HAVE REEN MET (See FIS Sal A SUFFER, EITHER EXISTING nR OI AAITCn ON THE r`OMMERCIAI OR INDI IRIAI LAND A13UTiTING RESIa^ENT-IA6 1640 WHICH ADEQUATELY R-GREMEEISIS DEVC1 OPMENT FROM VON RY THE An IGINI lr_ RECIDENT1Al 1 AND AND W141 d THE CONSIDERATION OF DEDICATION OF OPEN I AND AREA FOR-GR€€NINA c CONSIDERATION FOR THE GONSTRUCTION OF A P€D€STRIAISVINGYoL-€ DATHIA/AY WITHIN TuC I=[ nil nlnl* Md nCCnonnnlCE WITH THE ADOPTED PATWI.NAY PLAN. 3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. 325 THE CITY CuAI 1 REQUIRE THE CONS €RAT!ON OF DEDICATION OF A' I= I:IND€ MI GR€D-I AND WITWIN THE-100-WAR-F6OnnowPI AKIN -RI 1 2 C1o- FFImRISITT-^o+°-EIS I AI:'D-FOR GR€€NW/AY PURPORES; SP€CIRGA66Y IDENTIFIED FOR REGREATIGN WITHIN THE 121 AN 1081 __.u (Rev. Ord. 05-01; Ord. 98-19; Ord. 90-22; Ord. 85-13; Ord. 84-36) 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits, which is operated by Washington County. CPA 2007-00002 Vol. 11, Policy 3-1 Exhibit A City of Tigard 7-13 EXHIBIT B MEMORANDUM TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Hearing - CPA2007-00002 DATE: December 5, 2007 At the December 4, 2007 City Council meeting, CPA2007-00002 was adopted with revisions that are memorialized below. Key Findings shall read: Floods are Oregen's Tigard's most frequently occurring natural disaster. Goal 7.1 Policy 12 shall read: The City shall encourage pervious and minimize impervious surfaces to reduce stormwater runoff. ORDINANCE NO. 07-20 1 EXHIBIT B CPA2007-00002 • o CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.07- / AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00004 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapter 7 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 11; and WHEREAS, the Tigard Planning Commission held a public meeting, which was noticed in accordance with City standards, on November 5, 2007, and recommended approval of the proposed CPA 2007- 00004 by motion and with unanimous vote; and WHEREAS, on December 4, 2007, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2007-00004, and at this meeting the Tigard City Council adopted CPA 2007-00004 by motion, as amended pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2007-00004 is based on the findings and conclusions found in the City of Tigard staff report dated October 29, 2007 and the associated record which are incorporated herein by reference and are contained in land-use file CPA 2007-00004. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in EXHIBIT A; and SECTION 2: Revisions to EXHIBIT A, as found in the memorandum to Council, dated November 21, 2007, and changes to that memorandum made at the public hearing and memorialized in EXHIBIT B, are incorporated by reference; and SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 07-,~11 Page 1 PASSED: By vote of all Council members present after being read by number and title only, this day of 32007. Carol A. Krager, Deputy City Record w APPROVED: By Tigard City Council this day of An4 Pe , 2007. Craig irksen, Mayor Approved as to form: i City Attorney ORDINANCE No. 07-2- Page 2 Exhibit A y~-S r; C t' X .l i i T K 11 ~ftlv ^t 3 A t xr , ,.;•rgr _ r+,te.s.,- _ .'14.'?'°rarss Public Facilities an Services 'The community s vision is for a future where essentialpublic facilities and services are readily available to serve the needs of the community. " P ubhc Facilities and Services addresses their appropriate coordination, location, and delivery in a manner that best supports the existing and proposed land uses. The provision of these facilities and services is essential to a high quality of life and the health, safety, and welfare of the community. Their availability is also vital to promoting and sustaining a strong local and regional economy. For these reasons, the City and its partner agencies and districts must efficiently plan for the impacts of future growth and development on the facilities and services provided. Statewide Planning Goal 11 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage, maintain, and expand the public facilities and services of the community. Public Facilities and Serviceg 7 "To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." The community's vision is for a future where essential public facilities and services are readily available to serve the needs of the community. They under- stand the importance of not only planning for and funding the facilities, but ensuring their continued maintenance. They also recognize the impact that new development places upon all services and want them to pay their fair share. The public library, senior center, public safety, and public schools are especially considered vital components of a high quality, livable community. Furthermore, it is recognized that expected population growth in the region will place increased pressure on existing public facilities and services. The City of "Tigard has adopted the City of Tigard Public Facility Plan (1991) as required by Oregon Admitustrative Rule 660-11. The City will make appropriate updates to the Public Facility .Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rule 660-25. Section 1: Stormwater Management The City stormwater infrastructure is a mix of natural and piped systems. As with most urban areas, the reliance on piped stormwater has been important to transport the water from impervious surfaces to the natural systems and move it out of the community. To ensure the system operates effectively, the natural components must remain in good condition to meet the primary objectives of protecting water quality and flood control. To accomplish these objectives, the City collaborates with Clean Water Services (CWS) in the planning and manage- Comprehensive Plan Cite of "Tigard 11-1 a PUBLIC FACILITIES AND SERVICES ment of the system. The plans currently used for City efforts are the CWS Storynrvater!'Vlanagenrent Plan (2006), which addresses water quality protection, and Fanno Creek lY/atersherllllanagement flan (1997), which addresses flood control in the Citv. The 2006 S'tormwater Management Plan (SWMP) is a requirement of the combined National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (h1S4) permits held by CWS. The SWN4P is revised on a five-year cycle and was last updated in spring 2006. To implement the plan, the City has an inter-governmental agreement (IGA) with CWS as a "self-service provider." This designation means the City has operation and main- tenance authority over storm drain systems, water quality systems, and roadside ditches under City jurisdiction. The IGA outlines the CWS work program stan- dards that must be followed by the City. The 1997 Fanno Creek Viterched Management Plan (Fanno Plan) prepared by CWS for all jurisdictions within the basin, is the principal plan for drainage in the City. The Fanno Plan covers 85% of Tigard (the remaining 15% of the juris- diction drains directly to the Tualatin River) and has been adopted by the City. Included in the plan is an inventory of drainage structures, an evaluation of their adequacy of capacity, and recommended City infrastructure improvements to reduce flooding. Funding for these projects is available through the Storm Sewer Fund that results from the collection of system development charges. In addition, the City is responsible for adopting policies and regulations that implement statewide land use goals to protect water quality and wildlife habitat. These policies and regulations must ensure that the impacts of new develop- ment on the stormwater infrastructure are minimized. One of the greatest impacts on stormwater infrastructure is the amount of impervious surface in a watershed. Impervious surfaces increase run-off into the stormwater system and increase the peak flow of storm events. Reducing the impervious surface coverage will encourage natural filtration and help to reduce the stormwater infrastructure needs, as well as reduce problems associated with scouring and erosion of stream channels from storm events. Although CWS does not have land use authority, they have been involved in reducing the impacts of stormwater by developing the CWS Deiign acrd Constnrction Standards (2007) that have been adopted by and are implemented by the City. A city engineer performs the task of evaluating the stormwater infrastructure design during the development review process to make sure the standards are met. 11-2 City of Tigard Comprehensive Plan In addition to the CWS Design and Conslruaion.Standards (2007), the CM, has adopted voluntary habitat friendly development provisions that may be utilized during new development. The provisions seek to protect wildlife habitat that has been identified within the community and includes low inpact development practices that are meant to reduce stormwater flow. Funding for the stormwater system is gener- ated from two sources. The first is from One the I-: System Development Charges (SDCs) that are assessed on new developments that cannot greatest impacts .t provide their own water quantity and quality facilities. The money is placed in the Storm on stormwater Sewer Fund, which is managed by CWS and used for capital projects included in plans infrastructure formulated by CWS. The second, the Surface is the amount i Water Management Fee, is a monthly charge that is collected on utility bills. The City keeps of impervious 75% of this fee for operations and mainte- nance of the stormwater infrastructure. surface in i 5 KEY FINDINGS watershed ■ The expansion and maintenance of stormwater infrastructure is an important factor affecting growth and development. ■ Objectives of the stormwater system are the protection of water quality and flood control and are addressed through the CWS StormspaterManagement Plan (2006) and the Fanno Creek U;`aterrhed Management Plan (1997). ■ The City maintains 113.4 miles of stormwater pipe, 3975 catch basins, and 588 outfalls. ■ The City maintains 79 water quality facilities; which include ponds, swales, filter systems, detention pipes and tanks. ■ Impervious surfaces, undersized bridges and culverts, and inadequate infra- structure contribute to localized flooding. • The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the inpact of growth on the community's natural resources. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. Comprehensive Plan I City of Tigard 11-3 _ PUBLIC FACILITIES AND SERVICES GOAL 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. POLICIES 1. The City shall require that all new development:: A. construct the appropriate stormwater facilities or ensure construction by paying their fair share of the cost; B. comply with adopted plans and standards for stormwater management; and C. meet or exceed regional, state, and federal standards for water quality and flood protection. 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. 3. The City shall require the stormwater management system to comply with all applicable federal, state, and regional regulations and programs. 4. The City shall require annexation prior to any property receiving City stormwater services. 5. The City shall require maintenance access to all stormwater infra- structure and easements. 6. The City shall maintain streams and wetlands in their natural state to protect their stormwater conveyance and treatment functions. 7. The City shall encourage low impact development practices and other measures that reduce the amount of and/or treat stormwater runoff at the source. 8. The City shall develop sustainable funding mechanisms: A. for stormwater system maintenance; B. to improve deficiencies within the existing system; and C. to implement stormwater system improvements identified in the Capital Improvement Plan. 11-4 City of Tigard Comprehensive Plan AOP%L RECOMMENDED ACTION MEASURES i. Adopt natural resource and habitat friendly development standards that utilize incentives for developers to incorpo- rate green concepts into their design. ii. Review and modify the Community Development Code, as needed, to include effective regulations to implement the stormwater management goals and policies. iii. Identify and map problematic stormwater drainage areas in the community iv. Research alternative funding strategies for use in improving identified problem stormwater drainage areas in the community. V. Develop partnerships to produce and distribute informa- tional materials that outline the benefits of low impact development practices and green street concepts. vi. Develop and imple- h` ment a Capital "Although the Replacement Program for the stormwater City owns a few system. wells, nearly Section 2: Water Supply and t Distribution ' of the water supply is The City of Tigard provides water to the Tigard Water Service Area. This area I I I. includes most of the City's residents and ¢ wholesale water also the City of Durham, King City, and the Bull Mountain area of unincorporated providers such Washington County; which is represented by the Tigard Water District. The northeast as the Portland corner of the City is supplied water by the Tualatin Valley Water District (IVWD), Water which operates independently from the City i . of Tigard. The TVWD is governed by a five-member Board of Commissioners and operates under the TVWD Water Master PlanlManagement Plan (2007).Tigard has no role in the operation or management of TA7WD, but has collaborated with Comprehensive Plan City of Tigard 11-5 - PUBLIC FACILITIES AND SERVICES them on long-term supply studies and is also capable of sharing water in emer- gency situations. The City of Tigard took over the provision of water to the Tigard Water Service Area from the Tigard Water District in 1994. During the transfer of supply responsibilities, an IGA created oversight for the water system through the Inter- governmental Water Board aGWB), which consists of a member from Tigard, Durham, King City, Tigard Water District, and one at-large member. The IGWB advises Tigard City Council on issues relating to rate setting and water supply. The City owns and operates the water distribution system under license from the Oregon Department of Human Services and the Oregon Water Resources Department. The lf/ater Distribution Hydraulic Statdy (2000) is the current master plan for the City water supply system. The study provides direction for system improvements, including storage and distribution. Although the City ovens a few wells, nearly 90% of the water supply is purchased from wholesale water providers such as the Portland Water Bureau (PWB). The City signed a 10-year agreement in summer 2006 to continue purchasing water from PWB. In addition, the City purchases water from the City of Lake Oswego, which draws its water from the Clackamas River Basin. This lack of a City- owned supply has been identified as an important issue for the future and three long-term supply feasibility studies are in progress. The studies are in collabora- tion with neighboring jurisdictions and will evaluate various options for partner- ships in securing a long-term supply. During periods of high water demand, the City can supplement its supply with water from City-owned aquifer storage and recovery (ASR) wells and native groundwater wells. Additional supply is available for purchase from the joint Water Commission UWC). Water from the JWC is delivered via the City of Beaverton system; making it Tigard's only fluoridated supply. The Cite also has system inter-ties with Tualatin and the Lake Grove Water District that allows sharing water under emergency conditions. In 2005, the Oregon Departments of Human Services and Environmental Quality conducted a source water assessment on Tigard's groundwater. Within the Tigard water service area, 50 sites were identified as potential sources of drinking water contamination if managed improperly. The City of Tigard Water System is set up as an enterprise fund. The budget needs no money from the City general fund and operates based solely on 11-6 City of Tigard Comprehensive Plan Ulu revenue the Water System creates. System Development Charges for new construction and connections, and rates for water consumption are the two main sources of revenue for the budget. KEY FINDINGS ■ The expansion and maintenance of water supply and distribution infrastruc- ture is an important factor affecting growth and development. ■ As of November 2006, TVWD has approximately 1,920 service connections within the Cite of Tigard. There are 24 covered reservoirs in the TVWD system that can store 53 million gallons of water. ■ The City of Tigard Water Service provides potable water to approximately 55,990 people through approximately 17,300 residential, commercial, and industrial service connections. ■ The City of Tigard's water system contains 13 reservoirs with a total combined storage capacity of approximately 24.5 million gallons. ■ The City of Tigard's water distribution system contains eight pump stations to distribute potable water to residents around the Tigard Water Service Area. ■ The distribution system is composed of various pipe types in sizes up to 36 inches in diameter. The total length of piping in the service area is approxi- mately 209 miles. ■ Three feasibility, studies are in progress and will help to provide direction for the City's long-term supply options. ■ The City has experienced a decrease in total and per capita consumption from 2001 to 2005 due to repairs made in water line leaks, rising costs, and the Water Conservation Program. ■ The Water Demand .Forecast Report (2006) projects future annual water demand could range from 2,732 to 3,229 million gallons in the Tigard Water Service Area. • The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.2 Secure a reliable, high quality water supply to meet the existing and future needs of the community. Comprehensive Plan City of Tigard 11-7 a PUBLIC FACILITIES AND SERVICES POLICIES 1. The City shall prioritize securing an interest in a high quality, long- term water supply, which is financially feasible and reliable, to serve the Tigard Water Service Area. 2. The City shall develop and maintain a water system master plan to coordinate the improvement and expansion of Tigard Water Service Area infrastructure to serve current and projected demand. 3. The City shall require maintenance access to all public water infra- structure and easements. 4. The City shall coordinate with Tualatin Valley Water District to require adequate supply and pressure to meet consumption and fire protection needs for the portion of Tigard served by the District. 5. The City shall ensure Tigard Water Service operations remain finan- cially self-supporting. 6. The City shall require all new connections within the Tigard Water Service Area to pay a system development charge. 7. The City shall comply with all state and federal laws and regulations relating to potable water. 8. The City shall require that all new development: A. connect to a public water system; B. pay a system development charge and other costs associated with extending service; C. ensure adequate pressure and volume to meet consumption and fire protection needs; and D. extend adequately sized water lines with sufficient pressure to the boundaries of the property for anticipated future extension. 9. The City shall encourage water conservation through informational programs and maintenance of the system. 10. The City shall prohibit activities that have the potential for contami- nation of the municipal water supply. RECOMMENDED ACTION MEASURES i. Continue to investigate options to partner with neigh- boring jurisdictions in securing a long term water supply. ii. Construct water distribution facilities in areas with minimal visual impact upon the community. iii. Identify and map developed properties that are not 11-8 City of Tigard Comprehensive Plan AO%L NOW connected to the municipal water supply. IV. Continue funding a maintenance program that ensures adequate pressure and flow, protects water quality, and minimizes water loss. V. Regularly review and update the Community Development Code as it applies to potable water. vi. Continue producing and distributing informational mate- rials related to water supply and conservation. vii. Update water system development charges as needed. vii. Research and implement a system development charge structure that doesn't penalize residential structures for installing a fire sprinkler system. ix. Develop and implement a Capital Replacement Program for the water distribution system. X. Survey the community to gauge their attitude regarding a fluoridated water supply. Section 3: Wastewater Management Wastewater services within Tigard are managed through an agreement / applicants use between the City and CWS. The agree- ment assigns the City enforcement of a required to design and construction standards, obtain a Public rules and regulations, and rates and ! charges governing the use of, and Facility Permit wben connection to, the wastewater system. } In return, CWS acts as the regional connecting to City wastewater authority that provides, i owns, and maintains sewer lines with owned wastewater r a diameter of 24 inches or greater (the infrastructure. City owns less than 24-inch lines), as i. well as pump stations and treatment facilities. CWS is also responsible for the planning of wastewater collection in the Tualatin River basin. CWS owns and operates the Durham Wastewater Treatment Facility. The facility is operating under the basin-wide NPDES permit and is in compli- ance with Clean Water Act regulations. The City has an IGA with Clean Water Comprehensive Plan City of Tigard 11-9 - PUBLIC FACILITIES AND SERVICES Services to perform management and maintenance tasks on City-owned waste- water infrastructure to ensure continued compliance with the regulations. The CWS Collection System plaster Plain L Pdate (2000) is the current plan for waste- water collection in the Tualatin basin, including the City of Tigard. The primary focus of the plan was to analyze future capacity of the system and found that all existing lines within the City of Tigard have adequate capacity to accommodate anticipated growth. The City has also developed the Sanitary Sewer Facility Plan Map to help priori- tize projects and schedule improvements to the system through the Capital Improvement Plan (CIP). The facility map is continuously revised and shows the locations of all current and proposed lines within the City. The map allows the City to plan for new construction and also identify developed neighborhoods not currently being served by the wastewater system. 'The Neighborhood Sewer Extension Program was established in 1996 by the City to extend public infrastructure to unconnected neighborhoods. This program encourages property owners to retire septic systems and connect to the City sewer system. The program does require property owners, upon connec- tion, to reimburse the City for a fair share of the total cost. To encourage participation, the City also established the Neighborhood Sewer Reimbursement District Incentive Program that provides options for limiting the financial burden on the property owner. In addition to the operation and maintenance of the existing wastewater system, the City is responsible for implementing the CWS Design and Construction Standards (2007). Land use applicants are required to obtain a Public Facility Permit when connecting to City owned wastewater infrastructure and must comply with the standards as part of the development review process. This function is outlined in the IGA between CWS and Tigard and is carried out by a city engineer. Funding for the wastewater system is generated from three sources. First, devel- opers finance the construction of new sewer lines needed to service their new developments. Secondly, during the building permit process a connection fee is collected by the City. Most of the fee is transferred to CWS, but a portion of the fee is retained by the City for system improvements. Finally, the monthly sewer service fee is collected on the utility bill and a portion is retained by the City for operations and maintenance of the wastewater system. 11-10 City of Tigard ( Comprehensive Plan KEY FINDINGS ■ The expansion and maintenance of wastewater infrastructure is an impor- tant factor affecting growth and development. ■ The City coordinates the expansion, operation, and maintenance of waste- water infrastructure through an IGA with CWS as a "self-service provider." • As of October 2006, there were approximately 12,671 connections to the City's wastewater system. ■ The City owns and maintains 160 miles of wastewater mainline (6 to 21 inches). ■ Currently, 29 neighborhoods (589 properties) have been provided the opportunity to connect through the Neighborhood Sever Extension program. Another 17 neighborhoods have been identified as potential participants in the program. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. POLICIES 1. The City shall require that all new development: A. connect to the public wastewater system and pay a connection fee; B. construct the appropriate wastewater infrastructure; and C. comply with adopted plans and standards for wastewater management. 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. 3. The City shall require the wastewater management system to comply with all applicable federal, state, and regional regulations and programs. Comprehensive Plan City of Tigard 11-11 _ PUBLIC FACILITIES AND SERVICES 4. The City shall require maintenance access to all wastewater infrastructure and easements. 5. The Cite shall prohibit the repair or replacement of septic tank systems within the City, to the extent it has jurisdiction, unless it is not feasible to connect to the wastewater system. 6. The City shall require annexation prior to any property receiving City waste- water services. 7. The Cite shall require wastewater fees to be adequate to fund the operations and maintenance of the system. RECOMMENDED ACTION MEASURES i. Collaborate with Washington County Department of Health and Human Services on developing an efficient protocol for notification of failed septic systems. ii. Regularly review and update fees and charges to ensure they are sufficient to meet the needed operational costs. iii. Identify and map properties not connected to the public wastewater system. iv. Continue the sewer extension program in order to encourage all properties to connect to the public wastewater system. v Continue a proactive maintenance program to prolong the life of the infrastructure. vi. Develop and implement a Capital Replacement Program for the wastewater collection system. Section 4: Community Facilities The City of Tigard provides many community services, while special districts supply a portion of the facilities and services that make the community what it is today. All of these facilities and services must maintain a level of service that is adequate for the current population and, at the same time, must plan for and accommodate future growth and development within Tigard. This is why collab- oration during the development process is essential to ensuring the services will be available and funding options will continue to exist with an acceptable level of service. City-owned facilities include the Tigard Public Library, the Senior Center, and a number of administrative and equipment storage facilities. The library is a new facility that was funded by a community bond measure and opened to the public in 2004. The library offers a wide range of services and programs and acts as a 11-12 City of Tigard Comprehensive Plan NEW community center for Tigard residents. The library has experienced a significant increase in use since the new facility was opened. The Senior Center is a hub of activities for the aging population in the commu- nity. Social events, classes, and meal services are a few of the offerings. Other City-owned facilities are dispersed around the community and house various City personnel and equipment. These facilities are vitally important to support the provision of public services to the community. Two public school districts serve the City of Tigard's school-age children: Tigard-Tualatin and Beaverton. Only Tigard "Tualatin owns property and operates schools within the Tigard city limits. Both districts have seen steady growth over the years and are an important component of reviewing develop- ment applications to ensure school capacity is not exceeded. Additionally, this working relationship is important to finding appropriate sites for new school facilities that will limit the impacts to the neighborhood and traffic flow. Public safety is a critical component of a livable community. There must be adequate and effective services, as well as the necessary infrastructure, "Althougb not all to respond to emergencies in a timely i and efficient manner. This not only City departments are applies to the current population and built environment within the City, but involved directly also to new growth and development. land use planning, The Tigard Police Department their provision of provides police services, while Tualatin Valley Fire & Rescue t services is affected (TVFR) provides fire protection and emergency services for the by growtb and community. Both have an inter- governmental agreement with the development.' Washington County Consolidated Communications Agency (WCCCA) for 911 service and public safety communications. TVFR is a fire district that covers 210 square miles, has a five-member board of directors and is funded through a permanent tax rate on properties within the district. Comprehensive Plan City- of Tigard 11-13 _ PUBLIC FACILITIES AND SERVICES One way for Tigard Police and TVFR to gauge their level of service is by tracking their incident response time. Both pride themselves on quick response time to calls for service, but as development occurs, added traffic volumes and the associated congestion can cause a delay in response time. This is illustrated in the fact that TVFR has found a section of the City that could be better served. For that reason, TVFR has purchased property and is planning a new station that will decrease the response times to those neighborhoods. Since growth and development will impact both fire and police services, Tigard Police and TVFR have the opportunity for review and comment during the land use application process. They evaluate proposed projects to ensure an adequate level of service exists for the development and no impediments will occur to hamper the ability to perform their functions. For TVFR, street design and placement is very important for access and egress of its equipment. A well connected street network is also essential to improving response times, for both fire and police services. During the land use application process, TVFR reviews hydrant locations, adequacy of firefighting water supplies, and viability, of appa- ratus access to ensure meeting fire code requirements. In addition to providing a built environment that is accessible for safety equip- ment, the City has adopted the Oregon statewide minimum fire code and performs inspections on new construction. The fire code outlines the required equipment for various development types and sizes. Homeowners can volun- tarily take steps to reduce risk of fire by installing equipment and providing a defensible space around structures that are located in an area at risk of wildfire. KEY FINDINGS • Growth and development will place increasing demands on the Police Department, which currently has an average response time that has increased over the last 5 years to 4 minutes, 30 seconds per call. ■ Areas of high population density and commercial areas, particularly Washington Square Mall, place high demands on the Tigard Police Department. ■ TVFR provides fire protection services for the City through an IGA. ■ Three TV FR stations serve City residents, with one station located within City boundaries and a new station planned to be built at Walnut Street and 124th Avenue. ■ The dependability of fire protection is based in part on the distribution and capacity of the City water supply. 11-14 City of Tigard Comprehensive Plan AV%L NEW ■ The City owns all fire hydrants within its boundaries. ■ The community has an ISO fire insurance rating of 2, one of 15 in Oregon. ■ Street widths must be adequate for fire equipment access and egress, which may conflict with development that is promoting a pedestrian-friendly envi- ronment through narrower streets. • Appropriate fire detection and suppression equipment installed at the time of development is cost-effective and invaluable in reducing the community's risk to fire. ■ Two public school districts serve the City of Tigard's school-age children: Tigard-Tualatin and Beaverton. The school district boundary dates back to 1910, prior to Tigard's incorporation. ■ In both 1993 and 2006 city surveys, Tigard residents named schools, educa- tion or school funding as top issues for the community (ranking 6th and 4th, respectively). . ■ TTSD owns 23 properties (189 acres) in Tigard. The Beaverton School District does not own any property within Tigard. ■ TTSD estimates slow steady growth: 4.6% rate by 2010, with no additional schools planned for City limits. ■ Beaverton is experiencing rapid growth and is looking for land for a future school in the southwestern quadrant, which includes schools attended by Tigard residents. ■ The new library has experienced increased usage (80% increase in visits from 1996 to 2006) since its completion, and as growth and development occur in the com muiuty, additional pressure will be put on the services offered. ■ The library is valued as a community center for public meetings and other events. ■ Although not all City departments are directly involved in land use planning, their provision of services is affected by growth and development. These impacts on government services must be considered during the land use application process, as well as additional facilities that would be needed to house them. • City sustainability programs will be evaluated for inclusion in the Capital Improvement Plan and may have an impact on future building renovations as it relates to the Tigard Community Development Code. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. Comprehensive Plan City of Tigard 1145 - PUBLIC FACILITIES AND SERVICES GOAL 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. POLICIES 1. The City shall support the provision of accessible public facilities and services through ensuring adequate administrative and general governance services. 2. The City shall continue to develop and maintain a Capital Improvement Plan to help provide for the orderly provision of public facilities and services. 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. 4. The City shall require that all new development: A. can be provided fire and police protection; B. provide Tigard Police, Tualatin Valley Fire and Rescue, and the school districts the opportunity to comment on the proposal; C. have sufficient fire hydrants and fire flow; D. have a street layout and design that is accessible by emergency vehicles; and E. have buildings that meet fire and building code requirements. 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. 6. The City shall require library services that are accessible to the community and are sufficient to meet user demands. 7. The City shall coordinate with the school districts to address capacity needs associated with population growth. 8. The City shall locate appropriate municipal administration offices and services in downtown Tigard. 9. The City shall require the Senior Center to be accessible and avail- able to serve the needs of the aging population in the community. 10. The City shall: A. plan for and provide sufficient resources to respond to emergencies; B. coordinate and collaborate with the appropriate jurisdictions, agencies, and districts for emergency response; C. participate in emergency preparedness exercises on a periodic basis; and 11-16 City of Tigard Comprehensive Plan D. maintain an Emergency Operations Plan that is updated on a regular basis. RECOMMENDED ACTION MEASURES i. Continue using the 5-year planning period as the founda- tion of the Capital Improvement Plan and continue imple- menting the Council approved projects each fiscal year. ii. Work with public safety agencies and districts to protect their ability for continued service provision. iii. Review the Community Development Code to identify locational barriers to constructing new schools and fire stations. iv. Research and identify funding sources to maintain and expand City services. v. Use current and future technologies to educate, alert, warn, and direct citizens to action in the event of major emergencies and disasters. Vi. Work with Tualatin Valley Fire and "Uncoordinated ~'l Rescue to inform the community about the risks of utility installations urban interface in the public rigbt- wildfire. vii. Plan and locate of-way may result emergency evacua- tion routes outside in multiple street of flood prone cuts and increased i, areas. viii. Implement and public costs. JL' update the 20-year Facility Plan for the continued stewardship of public buildings. Comprehensive Plan City of Tigard 11-17 - PUBLIC FACILITIES AND SERVICES Section 5: Franchise Utilities Telecommunications, electricity, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities enter into franchise agreements with the City as outlined in the Tigard Municipal Code and pay an annual right-of-way usage fee to the City. The services provided by these private companies and the associated infrastruc- ture are essential to the community. As growth and development occurs within the community, the City must require that these'services are available and coor- dinate their extension during the development process. This coordination, and cooperation between the various entities, helps to avoid conflict with current and planned infrastructure in the right-of-way. Additionally, uncoordinated utility, installations in the public right-of-way may result inn multiple street cuts and increased public costs to maintain curbs, gutters, streets, and sidewalks. The placement of utilities in the public right-of-way is regulated by the Tigard Community Development Code. During the development review process, a cite engineer approves plans showing the location of utilities. New development is typically required to place utilities underground unless they are already in exis- tence above ground, or where the action would not be feasible. In certain cases, where undergrounding is not feasible and the utility crosses or is adjacent to a public night-of-way, an in-lieu of fee may be assessed and placed into a fund that is used to move existing utilities underground elsewhere in the City. The City has also recognized the demand for wireless communication services and adopted regulations for the facilities necessary to provide them. The infra- structure needed to support the services has a visual impact upon the commu- nity and collocation efforts are encouraged by the City to minimize that impact. Collocation is the practice of placing the communication equipment of two or more companies on one structure (wireless tower). KEY FINDINGS ■ Telecommunications, electricity, and natural gas service are provided to residents and business owners within the City of Tigard by private utili- ties. These private utilities enter into franchise agreements with the City as outlined in Chapter 15.06 of the Tigard Community Development Code and pay an annual right-of-way usage fee to the City. As growth and development occurs within the community, the City must 11-18 City of Tigard Comprehensive Plan ensure that private utility services are available and coordinate their exten- sion during the development process. ■ Portland General Electric provides electricity service to Tigard residents. ■ Northwest Natural Gas provides natural gas service to Tigard residents. ■ Verizon and Qwest both provide telecommunication service to the community. • Comcast provides cable service and high speed internet to Tigard residents. ■ Applicants for wireless telecommunication facilities are required to demon- strate that all other providers within the City were contacted to evaluate possible collocation efforts in order to try and minimize the visual impact upon the City. GOAL 11.5 Private utilities provide the needed energy and communication services for the community. POLICIES 1. The City shall require that all new development: A. secure the required energy and communication utilities; B. place new utilities underground, when feasible, or pay an in-lieu- of fee when crossing or adjacent to a public right-of-wav; and C. provide necessary easements for energy and communication services. 2. The City shall require the placement of existing services under- ground, when feasible, or pay an in-lieu-of fee during redevelopment or street construction. 3. The City shall coordunate with private utilities during installation to minimize public costs to maintain curbs, gutters, streets, and sidewalks. 4. The City shall require the collocation of wireless communication services on existing towers whenever possible. 5. The City shall manage the siting of wireless communcation towers to minimize visual impacts on the community. 6. The City shall monitor emerging technologies to effectively manage franchise agreements into the future. Comprehensive Plan ( Cih' of Tigard 11-19 _ PUBLIC FACILITIES AND SERVICES RECOMMENDED ACTION MEASURES i. Identify and map areas that are conducive to using m-lieu- of fees for placing utility lines under ground during City projects. ii. Continue implementing no-pavement-cut policies on iden- tified streets. iii. Review and improve the protocol for collocating wireless communication services. iv. Research the feasibility of and survey the community support for a City-owned wireless internet cloud. 11-20 City of Tigard Comprehensive Plan EXHIBIT B MEMORANDUM TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Hearing - CPA2007-00004 DATE: December 5, 2007 At the December 4, 2007 City Council meeting, CPA2007-00004 was adopted with changes found in a memorandum to Council dated November 21, 2007. One additional change to the language found in the memorandum was made at the public hearing and is memorialized below. Goal 11.1 Policy 6 shall read: The City shall maintain streams and wetlands in their natural state, to the extent necessary possible, to protect their stormwater conveyance and treatment functions. ORDINANCE NO. 07-21 1 EXHIBIT B CPA2007-00004 TIGARD City Council and Center Development Agency City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of Change of Schedule for City Council and City Center Development Agency Meetings in December, 2007 STATE OF OREGON ) County of Washington) ss. City , Tigard I, L Q144& , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of Change of Schedule for City Council Meetings in December, 2007 A copy of said Notice being hereto attached and by reference made a part hereof, on the day of A/C (e,,d 200. cl- Signature of Person ho Performed Notification Subscribed and jswo~rn (or affirmed) before me this day of l~Q.~/ I " ' , 200-7 . OFFICIAL SEAL Signature of Notary Public for Oregon JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14,.2008 u CITY OF TIGARD NOTICE OF CHANGE OF SCHEDULE FOR CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETINGS IN DECEMBER, 2007 Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the December, 2007 City Council meeting schedule is as follows: Dec. 4 - Special Business Meeting at 6:30 p.m. Dec. 11 - Study Session at 6:30 p.m., Business Meeting at 7:30 p.m. Dec. 18 - Study Session at 6:30 p.m., Business Meeting at 7:30 p.m. (Council and City Center Development Agency Meeting) Dec. 25 - MEETING CANCELLED For further information, please contact Deputy City Recorder Carol A. Krager by calling 503- 639-4171, Ext 2419. /.~~1 . lCGJ Qit , Deputy City Recorder Date: Post: Tigard City Hall Tigard Permit Centex Tigard Public Library City Council and Center Development Agency City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of Change of Schedule for City Council and City Center Development Agency Meetings in December, 2007 STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, aK ( E?r`, being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/organizations by fax : Newsroom, The Oregonian (Fax No. 503-968-6061) and the following people/organizations by e-mail: Barbara Sherman, Newsroom, TigardTimes (bshertnan@commnewspapers.com) Editor, The Regal Courier (Editor@theregalcourier.com) A copy of said Notification of Change of Schedule for City Council Meetings in December, 2007 A copy of said Notice being hereto attached and by reference made a part hereof, on the, day of '20 0 Signature of erson who Performed Notificati Subscribed and sworn (or affirmed) before me this c? 7 day of .j%Z Ce' , 20 01 . OFFICIAL SEAL 1'~//*Z: JILL M BYARS Signature of Notary ublic for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 CITY OF TIGARD NOTICE OF CHANGE OF SCHEDULE FOR CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETINGS IN DECEMBER, 2007 Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the December, 2007 City Council meeting schedule is as follows: Dec. 4 - Special Business Meeting at 6:30 p.m. Dec. 11 - Study Session at 6:30 p.m., Business Meeting at 7:30 p.m. Dec. 18 - Study Session at 6:30 p.m., Business Meeting at 7:30 p.m. (Council and City Center Development Agency Meeting) Dec. 25 - MEETING CANCELLED For further information, please contact Deputy City Recorder Carol A. Krager by calling 503- 639-4171, Ext 2419. 44- Deputy City Recorder Date: Post: Tigard City Hall Tigard Permit Center Tigard Public Library -1W CITIZEN COMMUNICATION DATE: December 4, 2007 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff: This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION 1 Agenda Item # Ca Meeting Date December 4, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Public Hearing for Comprehensive Plan Amendment CPA2007-00002 - Update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 7: Natural Hazards. Prepared By: Marissa Daniels Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment (CPA2007-00002) to update the goals, policies, and recommended action measures applicable to Statewide Planning Goal 7? STAFF RECOMMENDATION Staff proposes Council approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to update goals, policies, and recommended action measures pertaining to Statewide Planning Goal 7. KEY FACTS AND INFORMATION SUMMARY The proposed Hazards chapter included in the amendment is a result of Council's direction to complete a full update of the Tigard Comprehensive Plan. The updated chapter is based on the extensive inventory and facts included in the Tigard 2007 resource document that detailed current community conditions and trends. Additionally, staff considered relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the expressed values and attitudes of the hundreds of citizens who participated in these efforts were incorporated into the update of the Comprehensive Plan. Council's direction to update the Comprehensive Plan also stressed the importance of garnering citizen input. Staff has done this through Policy Interest Teams that met several times. Through consideration of the above technical information and previously expressed values and attitudes, the Policy Interest Teams and staff formulated draft goals, policies, and recommended action measures to pass on to the Planning Commission. Subsequently, the Planning Commission held a public workshop on August 20, 2007 and a public hearing on September 17, 2007. The Commission recommended the Council adopt the updated chapters included in CPA2007-00002. At the public hearing, the Commission made some minor changes to the original proposal and these are summarized in staff's attached memorandum (Attachment 1). Like all updated Plan chapters that will come before Council, it is important that the Hazards chapter be technically sound. Therefore, during the development of the chapter, a Department Review Team was involved to determine its technical accuracy and conformance with applicable laws and rules. Also, the updated chapter was sent to state, federal, and regional agencies for review. l:\L.RPLN\Council Materials\2007\12-0407 AIS Public Hearing CPA 2007-00002.doc 1 The intent of the updated chapter is to provide Tigard a much better foundation on which to prepare ordinances, associated plans, development standards, programs, and intergovernmental agreements. This is necessary to provide the tools needed to improve community livability by protecting people and property from natural hazards. By adopting the new Comprehensive Plan chapter, the City signals that it is committed to these principles, whether they are required by federal, state, and regional regulations, or simply the aspirations and wishes of the community. The proposed chapter provides a necessary update to the current language in the Comprehensive Plan, which is outdated and limited in scope. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update their plans to reflect current conditions, regulations and information relating to the Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with Statewide Planning Goal 7. City Council reviewed the amendment at an October 16, 2007 meeting. No changes were made by staff based on this discussion as any substantive language changes need to take place within the public hearing process on December 4th. A brief overview of the major principles included in each of the three chapters can be found in Attachment 1. OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission recommendation and adopt CPA2007-00002. 2. Modify the Planning Commission recommendation and adopt CPA2007-00002. 3. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration at City Council. CITY COUNCIL GOALS Goal 1: Comprehensive Plan A. Updating the blueprint for the City B. Public Input ATTACHMENT LIST Attachment 1: Memo to Council dated November 16, 2007 Attachment 2: Ordinance approving Comprehensive Plan Amendment 2007-00002 Exhibit A: Tigard Comprehensive Plan Amendments (Statewide Planning Goal 7) Exhibit B: Staff Report to the Planning Commission Exhibit C: Planning Commission Meeting Minutes - September 17, 2007 Exhibit D: Council Memo dated October 1, 2007 (Pertaining to Council workshop on CPA2007-00002) FISCAL NOTES Not Applicable C:\Doeuments and Settings\eathy\Local Settings\Tempomry Intemet Filcs\Content.Outlook\34URMPLM\12-04-07 AIS Public Hearing CPA 2007-00002.doc 2 AGENDA ITEM No. 2 Date: December 4, 2007 PUBLIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT CPA2007-00002 - UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 2 Date: December 4, 2007 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. MEMORANDUM . TO: Mayor Craig Dirkson and Members of City Council FROM: Marissa Daniels, Assistant Planner RE: Council Hearing - CPA2007-00002 DATE: November 16, 2007 INTRODUCTION At the December 4, 2007 City Council meeting, a public hearing will be held for CPA2007- 00002. The amendment updates the goals, policies, and recommended action measures for the Hazards (Statewide Planning Goal 7) chapter for the updated Comprehensive Plan (see Exhibit A). Current language that is to be deleted is found with a s gh-.. The proposed amendment language was approved and recommended by the Planning Commission at a September 17, 2007 public hearing. BACKGROUND /DISCUSSION Council Worksession Summary The Tigard City Council reviewed the amendment at an October 16, 2007 meeting and made several requests of staff for more information before bringing the language back for the public hearing. 1. How does Goal 2 incorporate previous TOPOFF (Top Officials Emergency Exercise, required by the Department of Homeland Security) after events summaries? The goal does not directly address TOPOFF reports, but does contain a Policy to encourage communication and coordination among agencies and Recommended Action Measures to coordinate preparedness education for residents, provide ongoing training and exercises, coordinate region wide response, and provide information and resources countywide. I:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 1 Additionally, the Public Facilities and Services chapter contains a Policy to plan for and provide resources to respond to emergencies, collaborate in emergency response, participate in preparedness exercises, and maintain an updated Emergency Operations Plan. The Tigard Emergency Operations Plan, along with any Plans developed by the Office of Consolidated Emergency Management, would be the most appropriate venue for detailed information on improvements that could be made to our emergency response protocols. The proposed Comprehensive Plan Policies and Recommended Action Measures provide the general direction for this to take place. However, enhancing the Recommended Action Measures to include incorporating information learned from preparedness exercises into the appropriate emergency response plans would also be appropriate. 2. More information/detail on Federal Emergency Management Agency (FEMA) process to update Flood Insurance Rate Maps (FIRM). Clean Water Services contracted with Pacific Water Resources to update portions of some floodplains in Washington County. It was funded by an $800,000 grant from FEMA. The floodplain modeling took place in 2001-2002 and is just now making it to the public review period. For Tigard, the Fanno Creek floodplain was updated after the 1996 floods and adopted in February 2005, so nothing should have changed in the latest study outside of FEMA issued Letters of Map Amendments or Letters of Map Revisions. FEMA will send a letter to the City, tentatively the end of November 2007, and this will commence a 90-day appeal period where the City or citizens can appeal or protest the maps. An appeal involves scientific evidence that the included base flood elevations are incorrect, while a protest is to change street names, city boundaries, etc. Once all appeals have been addressed, FEMA will initiate final preparation of the maps and report and they will become effective approximately six months later. The City will need to modify existing ordinances to reflect the new effective date. 1:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_heatingMcmo.doc 2 3. Where are there areas of localized flooding? A. If the flooding is happening within an identified floodplain, there are rules in place to address the situation. The same is true for flooding occurring within "waters of the state," which includes non-significant wetlands and smaller streams that do not have mapped floodplains. Property owners can apply with the state for cut and fill permits to address the issues. B. If the flooding is being caused by stormwater runoff, this is addressed in the Goal 11: Public Facilities and Services chapter. This usually occurs because of inadequate capacity for the runoff or obstructed catch basins. Policies are included that require new development to follow adopted standards (CWS Design and Construction Standards) and continued collaboration with CWS in the planning and maintenance of the system. The chapter also contains Recommended Action Measures to identify and map problematic stormwater drainage areas and to identify and pursue funding strategies to address these areas. Staff did not make any changes to the document of the requirement to hold the public hearing on the proposal as recommended by the Planning Commission. However, if Council wishes to formally direct that these changes be made, the process is as follows: 1. The City Council must hold its public hearing on the recommendations made to it by the Planning Commission; 2. Any changes that Council wishes to make to the proposal must be done in the public hearing; 3. This is necessary for those who have interest in these matters to testify on the record. Summary of Planning Commission Changes at its Public Hearing To help the Council in their decision-making process, following is an overview of the general discussion by the Planning Commission on the draft chapter and the major principles included in the recommended language: Hazards Chapter (Statewide Planning Goal 7) The Planning Commission made the following revisions at the Public Hearing held on September 17, 2007: 1:\ADM\Packct'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 3 1. Goal 1, Policy 1, would read: 1. The City shall not allow development in areas having the following development limitations except where it ean be shown that estabhshed and proven the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. Goal 1, Policy 2 would read: 2. The City shall pr-efete favor the use of non-structural approaches to hazard mitigation. 3. In order to keep the updated policies in line with the portions of Chapter 3 which have yet to be updated, the Planning Commission recommended amending Policy 3.1.1 of the current Comprehensive Plan (Attachment C) to read: 3.1.1 The City shall not allow development in areas having the following development limitations except where it ean be shown that established and proven the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development. The rest (A) would be the same (B, C, D, and E will be stricken and replaced with Goal 1, Policy 1 in the updated Comp Plan). The Natural Resources Policy Interest Team will revisit this policy as they look specifically at wetlands. In response to the public testimony, the Planning Commission briefly discussed amending the 100-year floodplain definition. Currently the City relies upon FEMA and the US Army Corps of Engineers to map the 100-year floodplain. It was brought to the attention of the Planning Commission that currently some of Tigard's small perennial streams are not included in the FEMA 100-year floodplain maps. This issue is part of the reason Commissioner Vermilyea voted against the motion, and Commissioner Caffall abstained from voting on the motion to recommend approval by City Council of the staff report for CPA 2007-00002 (Hazards). It is the opinion of staff that this issue is best represented as a map change and not a definition change. There is a FEMA process to delineate specific wetlands and amend the 100-year floodplain map; however, Clean Water Services just submitted 100-year floodplain updates to FEMA in March of 2006. Staff recommends deferring to the expertise of Clean Water Services in delineating the 100-year floodplain boundary. The major principles included in this chapter revolve around the four state identified 1:\ADM\13acket'117\071204\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 4 hazards, which apply to Tigard: earthquakes, landslides, floods, and wildfire. The citizens also realized the importance of including hazards which are not called out in Statewide Planning Goal 7, for example, severe weather events and man-made hazards. The major principles included in the goals, policies, and action measures are: • Continue collaborating at a regional level to address both natural and man-made hazards; ■ Implement practices that reduce the risk of natural hazards; ■ Place the burden of proof on the developer to show that generally accepted engineering techniques related to a specific site plan will make the area suitable for proposed development; ■ Continue to regulate development in floodplains according to the FEMA 100-year floodplain; ■ Encourage the use of non-structural approaches to hazard mitigation; and ■ Develop and maintain regulations to protect people and property from man-made and natural hazards. These principles set a policy direction for the City to move toward the community vision of a future where the character and livability of Tigard is enhanced by the quality of the surrounding environment. Furthermore, it is recognized that expected population growth in the region will require further effort and innovation to protect environmental quality. 1:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC-heatingMemo.Joc 5 Exhibit B Agenda Item: Hearing Date: September 17, 2007 Time: 7.00 PM 4S STAFF REPOT T(j T if - PLANNING°COMMISS'ION FOR THE GITY`OF TTGA`tOREGON Y4 T. y , 120 DAYS = N/A:' SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS FILE NO.: Comprehensive Plan Amendment (CPA) CPA 2007-00002 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the Goals, Policies, and Recommended Action Measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: 'N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Topics 1, 2, and 3; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7, 9, and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Comrrussion finds thus request fo meet die necessary, approval criteria. Therefore, staff recommends APPROVAL.to;the.Tigatd City Coilricll to_amend.;the Tigard . Comprehensive Plan to revise Section 3:`1 and 32 of Topic 3 as;:deteriuned Through the,pubhc hearing. . process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDIi PLANNING GOAL 7: NATURAL. HAZARDS PAGE 1 OF* 14 SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents, to 46,300 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key findings from Tigard 2007, combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process:. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter that addresses that particular Statewide Planning Goal. Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20th to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as strikeouts and added text bold and underlined): The Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 2 OF 14 Earthquake Wildfire Landslides Flooding Other Hazards The Planning Commission recommended that "native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 policy 13 has been updated to reflect this change: 13. The City shall retain and restore existing vegetation with na6ve non-invasive species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: xi. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. Proposal Description The primary intent of the proposed changes is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is the second in a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 7 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to natural hazards. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 3 OF 14 Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements ate suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria, findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Topics 1, 2, and 3 • Applicable Metro Standards o Title 3 and 13 • Statewide Planning Goals o Goals 1, 2, 7, 9, and 11 City department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 181 Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 4 OF 14 Finding The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures 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. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in 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. Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Topic 1: General Policies Policy 1.1.1: The City shall ensure that: a. This comprehensive plan and all future legislative changes are consistent with the Statewide Planning Goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Finding As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. Topic 2: Citizen Involvement Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 5 OF 14 advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. Finding Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listserv and to the community volunteers who participated on the policy interest teams. Topic 3: Natural Features and Open Space Policy 3.1.1: The City shall not allow development in areas having the following development limitations except where it can be shown. that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy dies not apply to lands designated as significant wetlands on the floodplains and wetlands map.): STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 6 OF 14 a. Areas meeting the definition of wetlands under chapter 18.26 of the Community Development Code; b. Areas having a severe soil erosion potential; c. Areas subject to slumping, earth slides or movement; d. Areas having slopes in excess of 25%; or e. Areas having severe weak foundation soils. Finding-,., Policy 3. 1.1 sections (b), (c), (d), and (e) will be replaced with Policy 1 under goal 7.1 in the updated Comprehensive Plan. However, Policy 3.1.1 section (a) deals with wetlands and is thei:efore not applicable to Goal 7. Section (a) of Policy 3.1.1 will remain in the current Comprehensive Plan until they are updated in the Natural Resources section. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. Policy 3.2.1: The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. Policy 3.2.2: The City shall: a. Prohibit land form alterations and development in the floodway* except alterations which preserve or enhance the function and maintenance of the zero-foot rise floodway*, and b. Allow land form alterations or development in the floodplain* outside the zero- foot rise floodway* which preserve or enhance the function of the zero-foot rise floodway* provided: 1. The land form alteration and/or development is in an area designated commercial or industrial on the Comprehensive Plan land use map, and factors set forth in policy 3.2.3 can be satisfied; or 2. The land form alteration and/or development is associated with community recreation uses, utilities, or public support facilities: as defined in chapter 18.42 of the Community Development Code and the factors set forth in policy 3.2.3 can be satisfied. Policy 3.2.3: Where land form alterations and development are allowed within the 100-year floodplain* outside the zero-foot rise floodway*, the City shall require: a. The streamflow capacity of the zero-foot rise floodway* be maintained; b. Engineered drawings and/or documentation showing that there will be no detrimental upstream or downstream effects in the floodplain* area, and that the criteria set forth in the Sensitive Lands section of the code have been met (See FIS September 1981); c. A buffer, either existing or planted, on the commercial or industrial land abutting residential land which adequately screens the development from view by the adjoining residential land, and which is of sufficient width to be noise attenuation; and d. The consideration of dedication of open land area for greenway adjoining:the floodplain* including portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain* in accordance with the': adopted pedestrian bicycle pathway plan. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE- PLANNING GOAL 7: NATURAL HAZARDS PAGE 7 OF 14 Policy 3.2.5: The City shall require the consideration of dedication of all undeveloped land within the 100-year floodplain plus sufficient open land for greenway purposes specifically identified for recreation within the plan. * The Floodplain and Floodway, as defined by the Flood Insurance Study for the City of Tigard dated effective February 18, 2005. Findings: Current Comprehensive Plan Policies 3.2.1, 3.2.2, 3.2.3, and 3.2.5 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as the new goals and policies reflect current community conditions and values. The new goal and polices have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at an August 20, 2007 workshop. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wild ife Habitat Conservation - protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting fife and property from dangers associated with flooding. Findings: 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. 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). The proposed amendment, specifically Goal 7.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. The stated purpose of the Flood Management Performance standards is to reduce the risk of flooding, prevent or reduce the risk of loss of life and property, and maintain functions and values of floodplains. Goal 7.1 reflects this purpose, and Policy 11 states explicitly that the City will comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. Also, Policies 7-12 under Goal 7.1 deal specifically with flood hazards. Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods - conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 8 OF 14 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. Findings: The multiJurisdictional approach undertaken by Tualatin Basin jurisdictions was used 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 Habitat 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, specifically Goal 7. land its associated policies (see Exhibit A), will continue to ensure compliance with Tide 13 requirements and standards. Policy 11 provides direction for the City to work with Clean Water Services to protect, restore, and enhance natural drainageways and wetlands. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1- Citizen Involvement. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE. PLANNING GOAL 7: NATURAL HAZARDS PAGE 9 OF 14 number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal2 -Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Finding The proposed amendment to the Tigard Comprehensive Plan is 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. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 7 - Areas Subject to Natural Hazards To protect people and property from natural hazards. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to protect both people and property from natural hazards. Current Comprehensive Plan Policies relating to Statewide Planning Goal 7 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies and action measures (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as the new goals and policies reflect current community conditions and values. The new goal and polices have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a August 20, 2007 workshop. Statewide Planning Goal 9- Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to protect Tigard's businesses from natural hazards. Hazards protection contributes to economic vitality by protecting current employers and employees from hazards. Statewide Planning Goal 11- Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Fps: The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the efficient arrangement of public facilities and services. Updated policies address the provision of public facilities within areas subject to natural hazards. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Public Works Department, Engineering Division, Current Planning Division, and Police Department has had an opportunity to review this proposal and did not respond. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 10 OF 14 The City of Tigard's Building Division had an opportunity to review this proposal and offered the following comments: Under Goal 7.1, Recommended Action Measure x.: Because the numbering of building: code sections changes from time to time, change section R324 to state the name of the section, "Wildfire Hazard Mitigation." Findings: Staff agrees with the comments and has added language "Wildfire Hazard Miti'ation section" to replace "section R324" of the Oregon Residential Specialty Code. Staff recommends leaving the action measure with the updated language. Under Goal 7.1, Policy 5 add "the most current" (Building Code standards) to protect the built environment. Findings- Staff agrees with the comments and has added language "the most current" building code standards to Policy 5. Staff recommends leaving the action measure with the updated language. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies /Jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City City of Lake Oswego City of Portland City of Tualatin Metro Greenspaces Oregon Department of Land Conservation and Development Oregon Department of Environmental Quality ODOT Region 1- District 2A Oregon Department of Geology and Mineral Industries Oregon Division of State Lands US Army Corps of Engineers Washington County Department of Land Use and Transportation Tigard-Tualatin School District # 23J Beaverton School District #48 TriMet FEMA Natural Hazards Program Metro Land Use Planning & Growth Management, Tualatin Valley Fire & Rescue; and WCCA had an opportunity to review this proposal and have no ob)ections. Clean Water Services (see Exhibit B) had an.opportunity to review this proposal and offered the following comments: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 11 OF 14 We recommend following the provisions of the current Design and Construction Standards for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainageways, and enhancements thereof. Findings: Specific standards are to be included in the development code. Currently the CWS Design and Construction Standards are adopted by reference in the Community Development Code. Staff does not recommend Comprehensive Plan text changes to reference specific standards. Oregon Department of Geology and Mineral Industries (see Exhibit C) had an opportunity to review this proposal and offered the following comments: Earthquakes Page 1: The reference to Seismic Zone 3 is from the UBC 1997. Oregon now uses the IBC 2006 and 2007 Structural specialty Code (OSSC) which no longer has seismic zones. This needs to be updated. Finding Staff has revised this statement to read, "To minimize loss of life and property from earthquakes, the City requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category D1. Page 3: Bullet no.1, The reference to Cascadia..."cause an 8+ magnitude earthquake". Most scientists believe this should be M9+. Findings Staff updated this number to be consistent with the Washington County Natural Hazards Mitigation Plan. Bullet no.3, I'm not quite sure what this is referring too. I think it might be the earthquake induced hazards, such as amplification, liquefaction, landsliding, etc. Just needs to be clear on what is being discussed. There is a big difference between the seismic hazard (IE ground motion hazard) and the earthquake induced hazards. Findings: Staff updated this finding to read, "According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level, with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center." Bullet no.5, Again, the UBC 1997 seismic zone 3 needs to be updated to the IBC 2006 and 2007 OSSC. Findings: Staff updated this key finding to read, "the City of Tigard requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements €or Seismie-Zon , while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category D1." Policies no.2, In the case of seismic retrofitting structures (buildings, bridges, etc.), which is one of the best ways to reduce risk from earthquakes, structural approaches to hazard mitigation should be promoted along with non-structural. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS PAGE 12 OF 14 Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." Landslides Page 2: Second paragraph, states "By mapping steep slopes ...etc" This is not how we figure out where landslide prone areas are located. We need to acquire LIDAR and map the existing landslides then use geologic information combined with the LIDAR slope data to create landslide susceptibility maps. Findings: Staff deleted the following sentence: "By mapping steep slopes and aH&win~ only appropriate- developmefit , and replaced it with, "The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR information is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting ;their impact on the community." Page 3: Bullet no. 8, I'm not sure if this is correct? Findings: Bullet number 8 reads, "The most common type of landslide in Washington County is caused by erosion." The Washington County Natural Hazards Mitigation Plan reads, "Slides caused by erosion are the most common type of landslide in Washington County (Page 5-2)." Staff recommends leaving this key finding in the Comprehensive Plan. Bullet no. 10, You need to figure out the landslide susceptibility through modern techniques as suggested above before estimates of percentage susceptible should be estimated. Findings: Staff agrees with this suggestion and updated the key finding to read, "It is estimated about 3% of the City's land, or 286 acres, is "Inerable to landslides greater than 25% slope. in addition, Policies no. 2. Again, non-structural approaches to hazard mitigation should be promoted along with structural. Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." Page 4: no. 5. Once new LIDAR based landslide maps are created, the building codes and or a landslide ordinance should be updated/created and enforced. Findings: The Building Division suggested the policy be changed to read, "The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards." Staff feels this incorporates the changes suggested by DOGAMI. Some items not included, which should be added include: Public education on predisaster mitigation and post disaster recovery. Risk assessment Institutional and/or long term mitigation plans. Findings: Public Education and disaster recovery will be addressed in the Public Safety section of the Public Facilities chapter. Both the Hazards Policy Interest Team and the Department Review Team STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE.. PLANNING GOAL 7: NATURAL HAZARDS PAGE 13 OF 14 have made suggestions to be included in this section. Staff added an action measure to address risk assessment and mitigation plans. The action measure reads: xii. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SEERVICES COMMENTS EXHIBIT C: DOGAMI COMMENTS September 7 2007 PREPARED B arissa Daniels DATE Associate Planner y-' Z i September 7, 2007 APPROVED BY: Ron unc DATE Planning Manager STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7: NATURAL, HAZARDS PAGE 14 OF 14 Exhibit C CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 17, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, and Vermilyea Commissioners Absent; Commissioner Walsh Staff Present: Ron Bunch, Long Range Planning Manager; Marissa Daniels, Assistant Planner; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Caffall reported that the CAC met with ODOT. Their final report is ready and they will go to City Council in October. Ron Bunch advised that the meeting with Council will be November 20th. Council will be asked to direct stiff to amend the Transportation System Plan. This will allow the City to be in line for grants and other kinds of assistance to implement the Hwy. 99W Plan. 4. APPROVE MEETING MINUTES Motion by Commissioner Muldoon seconded by Commissioner Caffall to approve the August 6, 2007 meeting minutes as submitted. The motion'was approved as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Muldoon, Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Walsh Motion by Commissioner Muldoon seconded by Commissioner Hasman to approve the August 20, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Muldoon, Vermilyea NAYS: None ABSTENTIONS: None PLANNING.COMMISSION MEETING MINUTES - September 17, 2007 - Page 1 EXCUSED: Walsh 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 Tigard Comprehensive Plan Update of Statewide Planning Goal 7: Natural Hazards REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code- amendments. LOCATION: Citywide. ZONE: All City zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 3 & 7; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7, 9 and 11. STAFF REPORT Assistant Planner Marissa Daniels presented the staff report on behalf of the City. She reported that Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20t , h.to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the workshop, the Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: Earthquake, Wildfire, Landslides, Flooding, and Other Hazards. The Planning Commission also recommended that "native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 Policy #13 has been updated to reflect this change: 1. The City shall retain and restore existing vegetation with tative plaft non-inva-siv_ e species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: i. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. Daniels advised that suggestions received from DOGAMI and CWS have been incorporated. In addition to changes in the text, Daniels forwarded 2 suggestions to the Policy Interest Team for the Public Safety Section (undergrounding of utilities and emergency notification of severe weather conditions and consequences). PLANNING' COMMISSION MEETING MINUTES - September 17, 2007 - Page 2 Daniels advised that she received comments from resident John Frewing. His comments and staff responses are shown in Exhibit A. Daniels stated that staff finds the proposed changes comply with the applicable criteria and recommends the Planning Commission recommend approval of the amendment to the City Council. Staff was asked if there are any areas that are at risk, but outside of the 100-year floodplain at this time. Are there high-risk areas on another stream bed? Staff answered no. If it were determined later that there were areas that needed to be added, the City could go through the FEMA process for updating. PUBLIC TESTIMONY John Frewing, 7110 SW Lola Lane, Tigard 97223 testified that he would like to add substance to the words regarding hazards. His comment is the same comment that CWS provided to the City. He feels there isn't enough guidance for City staff or citizens as to what is meant by these various terms. Frewing said he was told by staff that vague terms are intended to trigger engineering site studies. It's his experience that such studies are either not done or are done with no standards at all. Perhaps we should detail what an engineering site study should be. With regard to his second comment (Exhibit A), he believes the words "promote non- structural approaches when appropriate" are words that say nothing. Tigard should be more clear on what they want to do about non-structural approaches. We could say we "prefer" non-structural approaches to avoiding hazards of floods, etc. With regard to the 100-year floodplain, Frewing testified that 80% of Tigard's perennial streams are not covered by the Corps of Engineers FEMA study that defines the 100-year floodplain level. He gave Ash Creek and Pinebrook Creek as examples. Staff advised that the City.has undertaken an analysis of flood hazard areas. The Tigard Resource Report shows Ash Creek, Fanno Creek, Summer Creek, Red Rock Creek, and the Tualatin River Basin in the floodplain. In order to apply FEMA regulations, flood areas have to be on the FEMA maps. Map revisions have to be part of a FEMA-approved process in order to be regulated. The City participates in the National Flood Insurance Program. In order to participate in the program, we have to comply with all FEMA standards. The City has undertaken a drainage master plan that looks at water flows. We've also worked with the Army Corps of Engineers to update the maps. The most recent maps were updated in 2005. The City can ask FEMA to undertake additional studies or to undertake site-specific problems of areas of localized flooding. President Inman noted that it's a very PLANNING COMMISSION MEETING MINUTES - September 17, 2007 - Page 3 extensive, expensive process to update FEMA maps. Also, if any of the floodplain maps touch your property, you're required to have additional flood insurance or you have to have an engineer certify that you are outside of the floodplain. When it comes to a property that's not FEMA-mapped, but does have a drainageway through it and is in the process of developing, there are many code standards that CWS addresses to look at the impact-of the development. PUBLIC HEARING CLOSED Staff confirmed that FEMA is- the bare minimum that the City has to do in terms of regulating floodplain. The 100-year floodplain is the basis for the flood insurance program. The Natural Hazards section in the Comp Plan is where we acknowledge that we will comply with FEMA requirements. Statewide Planning Goal #7 obligates the City to comply with FEMA flood regulations. Commissioner Vermilyea believes it's redundant to put a policy in the Comp Plan when we're already obligated by State law to do it. Ron.Bunch said it's important in terms of overall applicability to the Federal Flood Insurance Program. It's an affirmation that we will comply with the law. President Inman disagreed. She believes in goal setting, but she's not sure this is something that needs a higher goal set. Is there a fundamental need to set a higher standard? Commissioner Muldoon noted that, typically, state & federal regulations are looking for demonstration of due diligence and intent to comply. Its absence poses a negative for the City. When we talk about redundancy, we're talking about eliminating evidence of willingness to comply. Ron Bunch advised that there is some leeway as to what extent jurisdictions have to comply with FEMA regulations. Some communities allow much more development in the floodplain than is possible in Tigard or other Metro communities. Tigard has adopted .a strict standard in which there is 0' rise allowed in the floodway. Commissioner Muldoon asked about action measures for pre-positioning any kind of floodflow devices (e.g., sandbags or barriers). Staff said that sort of thing would be more appropriate in a hazard mitigation plan. Mitigation plans contain tactics to address this kind of thing. To keep the language from being confusing and vague in both Policy 7.1.1 (Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space), the following change was suggested for both policies: "The City shall not allow development in areas having the following development limitations except where ' the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development:..." PLANNING COMMISSION MEETING MINUTES - September 17, 2007 - Page 4 Discussion was held about the use of non-structural approaches to hazard mitigation. Staff said this could mean: ■ don't develop in floodplains, there is a 0' rise • less density on steep slopes; roads could be graded along the contours only in those areas that don't require extensive structural modification in areas subject to wildfires, defensible space type techniques could be used ■ earthquakes would require a structural approach Staff advised that with Policy #7.1.2, the onus would be on the- City to utilize non-structural approaches to hazard mitigation. Some of the action measures would have to be incorporated into the Development Code. Currently, the Development Code is very structurally oriented. After further discussion, it was decided to change the language for Policy 7.1.2 to read: "The City shall pr-atnete favor the use of non-structural approaches to hazard mitigation when apP'~•~, Motion by Commissioner Doherty seconded by Commissioner Muldoon for a recommendation of approval by City Council of the staff report for CPA 2007-00002 with the following changes: • Under Policy #1, it would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development." The rest (A, B C, D) would be the same. ■ Policy #2 would read, "The City shall favor the use of non-structural approaches to hazard mitigation." ■ Policy 3.1.1 would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make. the area suitable for the proposed development." The motion was approved as follows: AYES: Anderson, Doherty, Fishel, Hasman, Inman, Muldoon NAYS: Vermilyea ABSTENTIONS: Caffall EXCUSED: Walsh 6. OTHER BUSINESS None 7. ADJOURNMENT PLANNING COMMISSION MEETING MINUTES - September 17, 2007 - Page 5 The meeting was adjourned at 8:55 p.m. and then reopened to allow for clarification of the vote. Commissioner Vermilyea stated that he voted against the motion, not because of the amended language with respect to 7.1, but rather with the fact that we are putting in our Plan statements that we will comply with existing law that we already have obligations to comply with. There are 2 separate incidents in this proposal. He thinks it's bad policy to do that because it clogs up the statute and makes it unclear. He also believes we didn't do enough to address the issue of the 100-year floodplain. It should have been addressed in more detail. Commissioner Ca£fall advised that he abstained from voting on the motion primarily because of the 100-year floodplain issue and that we did not address the secondary stream issues. He's also a little confused on where the overall language is going to end up. The meeting adjourned at 9:03 p.m. Jerree is, Planning Co fission Secretary .ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - September 17, 2007 -Page 6 IviaAssa Daniels - Comments for Hazards Section, Tigard Comp Plan ,Page From: "John Frewin9" <l'frewin9@teieAort.com> ;L - To: "Marissa Daniels" <Marissa@tigard-or.gov> Date: 9/17/2007 3:10:21 PM Subject: Comments for Hazards Section, Tigard Comp Plan Marissa, Below are John Frewing comments on your draft Hazards. section of the new Tigard Comp Plan. The gist of these comments is that we in Tigard can do better than proposed in your policies to prevent and manage hazards. Please give to the Planning Commission at the start of this evening's hearing. 1 In at least several instances, the avoidance of definitions or the use of very narrow definitions reduce the effectiveness of policies. For example, reference to'established and proven engineering techniques' and reference to'severe soil erosion', 'subject to slumping, earthslides or movement', 'slopes in excess of 25%' and 'severe weak foundation soils' in draft Policy 1 of Goal 1 do not state a clear policy. The record of developing this,policy give no guidance to staff or citizens on the degree of protection which the city intends. In other discussion, findings and policies, (ie for other issues), reference is made to codes or texts which define important terms, but not for Policy 1. For example, the measurement of slopes in excess of 25% is a much debated item and exists with great precision in CWS materials. For example, .should one measure from one edge of the property to another and see if 25% is exceeded? Should one use 2-foot, 10-foot or 50-foot segments to measure slope? Where should one start to measure slope? I urge the Planning Commission to direct staff to provide definitions of the operative terms in the policies proposed before Planning Commission approval. 2 The wording of Policy 2 of Goal 1 is 'weak kneed' at best. Tigard should do more than 'promote' non- structural approaches to avoiding hazards, whatever 'promote' might mean. Tigard should identify, regulate and enforce the use of non-structural approaches. The use of the 'When appropriate' term basically says nothing, giving no guidance to staff as to appropriate conditions for use of non-structural measures. This'when appropriate' term also allows dangerous developers to argue that a given situation is not 'appropriate'. I urge the Planning Commission to direct staff to make Policy 2 meaningful. 3 Policies 7, 8 and 9 of Goal 1 refer to a 100-year flood, a very important concept in avoiding hazards in any community. However, as used in these policies, it refers only to the locations defined as being subject to a 100-year flood in documents issued by FEMA. The 100-year flood exists on every stretch of every stream, whereas FEMA only maps the 100-year flood on Fanno Creek and the very lowest portions of tributaries. Tigard should eliminate hazards associated with floods by applying its setbacks, floodproofing and development limits to all portions of all streams and their associated 100-year flood levels and flows. I urge the Planning Commission to direct staff to clarify that reference to 100-year floods and streamflows apply to all portions of all streams. 4 Policy 2 of Goal 2 should be strengthened. Certainly communication among agencies is a mandatory function of city government regarding things like pest infestations and communicable diseases. However, Tigard citizens deserve more than that. Other cities have workable regulations regarding standing water (west vile virus, mosquito breeding) and bird-transmitted diseases. I urge the Planning Commission to direct staff to research and draft policies that will ensure later staff development of regulations to manage such hazards. Page 1 Marissa Daniels - Comments for Hazards Section I i and l;om Tian rayC Thank you, John Frewing 7110 SW Lola Lane, Tigard, OR 97223 Page 2 Staff Response to Comments submitted by John Frewing on September 17, 2007: 1. Suggested definitions: The degree of protection a. `established and proven engineering techniques' b. `severe soil erosion' c. `subject to slumping, earthslides, or movement' d. `slopes in excess of 25%' e. `severe weak foundation soils' Staff Response: Staff recommends against writing specific definitions for these terms. Policy 1 reads almost identically to Policy 3.1.1 of the current Comprehensive Plan. Presently, definitions of these terms are not included in the Comprehensive Plan as the.degree of protection is determined by an engineer's site-specific analysis. The bottom line is that established and proven engineering techniques can change over time, and the other definitions are best left to an engineering geologist. General definitions may be appropriate for a future code update, but are best left out of the Comprehensive Plan. 2. Policy 2 of Goal 7.1: Suggested policy language Identify, regulate, and enforce the use of non-structural approaches to hazard mitigation. Staff Response: This policy was amended to reflect the comments of the Oregon Department of Geology and Mineral Industries (DOGAMI). While non-structural approaches to hazard mitigation are appropriate for protection against landslides and flooding, structural approaches to earthquake mitigation are more appropriate. For wildfire, both structural (i.e. roof composition) and non-structural (i.e. the creation and maintenance of defensible space) are important. Thus, this policy has been revised to read, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." 3. Policies 7, 8, and 9: The definition of the 100-year floodplain Staff Response: Staff recommends against revising the definition of the 100-year floodplain to include all streams and areas that might be within their respective 100-year floodplains. It is the intent of this suggestion that Tigard should eliminate all hazards associated with floods. This is not possible. This suggestion was also brought up at the first Policy Interest Team meeting (PIT). Other members of the PIT discussed that the City could spend its entire budget on hazards mitigation and still be vulnerable to the unimaginable. FEMA and The Army Corps of Engineers are really the experts in this field. Furthermore, FEMA standards allow for study and designation of additional flood areas if done according to approved criteria and certified by the, Corps. This would result in a map change, not a definition change. Page 3 4. Policy 2 of goal 7.2: Research and draft policies to manage hazards such as pest infestations and communicable diseases. Staff Response: Again, this section of the Comprehensive Plan goes above and beyond Statewide Planning Goal 7. The number of possibilities for inclusion in this section is limitless. This policy is intended to be specifically about communication. The mitigation plan is a more appropriate place to, include hazard specific risk assessments and mitigation action items. Staff tecommends against revising this policy to include all possible scenarios. Page 4 Exhibit D 41 MEMORANDUM TO: Mayor Craig Dirkson and Members of City Council FROM: Marissa Daniels, Assistant Planner RE: Council Workshop - CPA2007-00002 DATE: Ocober 1, 2007 At the October 16`h City Council meeting, staff will present the proposed goals, policies, and recommended action measures (see the end of this memo for definitions and obligations) for the Hazards (Statewide Planning Goal 7) chapter of the updated Comprehensive Plan. The proposed language was approved and recommended by the Planning Commission at the September 17`h publi c hearing. Staff will discuss the proposed language, answer questions, and provide any requested information that will help assist Council in making its decision at the November 27`h public hearing. Throughout the process of working with citizens, City departments, and the Planning Commission, staff has stressed that proposed Comprehensive Plan language must be capable of being implemented and in the interest of the whole community. Staff has worked closely with citizen stakeholders to explain the implications of certain policy recommendations. Most of the time, the process has achieved a consensus outcome. In staff's role as facilitators, we presented the best professional advice possible to all involved. Sometimes this professional advice was contrary to the wishes of the citizens, but staff has not unilaterally changed or removed citizen recommendations. It is the role of the Planning Commission to recommend, and the City Council to determine, City policy. The general discussion by the Planning Commission on the Hazards chapter and the major principles included was as follows: Hazards Chapter Statewide Planning Goal 7) The key principles included in this chapter revolve around the four state identified hazards, which apply to Tigard: earthquakes, landslides, floods, and wildfire. The citizens also realized the importance of including hazards which are not called out in Statewide Planning Goal 7, for example, severe weather events and man-made hazards. L\LRPLN\Council Materials\2007\12-407 rxhibit D CPA 2007-00002.doc 1 The Planning Commission engaged in a long and thoughtful deliberation on a few policies and recommended action measures. To clarify the language in both Policy 7.1.1 (Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space), the Planning Commission recommended clarifying that the burden of proof is on the developer to show that generally accepted engineering techniques are able to make an area susceptible to hazards suitable for a proposed development. In Policy 7.1.2 the Planning Commission debated the words "promote" and "when appropriate" in reference to the use of non-structural approaches to hazard mitigation. The Planning Commission eventually reached a consensus to strengthen the Policy to read that the City will favor the use of non-structural approaches to hazard mitigation. "When appropriate" was originally added to the policy language in response to comment by the Oregon Department of Geology and Mineral Industries that non-structural approaches are not appropriate for all types of hazards. For example, earthquake hazards really require structural approaches to mitigation. In response to the public testimony, the Planning Commission briefly discussed amending the 100- i definition. Currently the City relies upon FEMA and the US Army Corps of year floodplan Engineers to map the 100-year floodplain. It was brought to the attention of the Planning Commission that currently some of Tigard's small perennial streams are not included in the FEMA 100-year floodplain maps. This issue is part of the reason Commissioner Vermilyea voted against the motion, and Commissioner Caffall abstained from voting on the motion to recommend approval by City Council of the staff report for CPA 2007-00002 (Hazards). It is the opinion of staff that this issue is best represented as a map change and not a definition change. There is a FEMA process to delineate specific wetlands and amend the 100-year floodplain map; however, Clean Water Services just submitted 100-year floodplain updates to FEMA in March of 2006. Staff recommends deferring to the expertise of Clean Water Services in delineating the 100- year floodplain boundary. In summary, the following language changes were recommended by the Commission: 1. Goal 1, Policy 1, would read: 1. The City shall not allow development in areas having the following development limitations except where it ean be shown that established afid pfaven the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. Goal 1, Policy 2 would read: 2. The City shall Promate favor the use of non-structural approaches to hazard mitigation. 3. In order to keep the updated policies in line with the portions of Chapter 3 which have yet to be updated, the Planning Commission recommended amending Policy 3.1.1 of the current Comprehensive Plan (Attachment C) to read: 3.1.1 The City shall not allow development in areas having the following development limitations except where it etut be shown that e9tablished and piovefi the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the 1:\LRP1_N\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002.doc 2 area suitable for the proposed development The rest (A) would be the same (B, C, D, and E will be stricken and replaced with Goal 1, Policy 1 in the updated Comp Plan). The Natural Resources Policy Interest Team will revisit this policy as they look specifically at wetlands. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Tigard Comprehensive Plan Comprehensive Plan goals, policies, and recommended action measures have different definitions and impart different obligations to decision makers. They also relate differently to one another. The following describes goals, policies, and recommended action measures in greater detail. Goals, policies, and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position with regard to implementing goals; however, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard which, if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are 1ALRP1,N\Council Materials\2007\12-407 Exhibit D CPA 2007-00002.doc 3 suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. I:\LRPLN\Council Materials\2007\12-407 Exhibit D CPA 2007-00002.doc 4 Agenda Item # 3 Meeting Date December 4, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Public Hearing for Comprehensive Plan Amendment CPA2007-00004 - Update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 11: Public Facilities and Services. Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment (CPA 2007-00004) to update the goals, policies, and recommended action measures applicable to Statewide Planning Goal 11? STAFF RECOMMENDATION Staff proposes Council approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to update goals, policies, and recommended action measures pertaining to Statewide Planning Goal 11. KEY FACTS AND INFORMATION SUMMARY The proposed Public Facilities and Services chapter included in the amendment is a result of Council's direction to complete a full update of the Tigard Comprehensive Plan. The updated chapter is based on the extensive inventory and facts included in the Tigard 2007 resource document that detailed current community conditions and trends. Additionally, staff considered relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the expressed values and attitudes of the hundreds of citizens who participated in these efforts were incorporated into the update of the Comprehensive Plan. Council's direction to update the Comprehensive Plan also stressed the importance of gamering citizen input. Staff has done this through Policy Interest Teams that met several times. Through consideration of the above technical information and previously expressed values and attitudes, the Policy Interest Teams and staff formulated draft goals, policies, and recommended action measures to pass on to the Planning Commission. Subsequently, the Planning Commission held a public workshop on October 1, 2007 and a public hearing on November 5, 2007. The Commission recommended the Council adopt the updated chapters included in CPA2007-00004. At the workshop, the Commission made some minor changes to the original proposal and made no further changes at the public hearing. These changes are summarized in staff's attached memorandum (Exhibit D). Like all updated Plan chapters that will come before Council, it is important that the Public Facilities and Services chapter be technically sound. Therefore, during the development of the three chapters, Department Review Teams were involved to determine its technical accuracy and conformance with applicable laws and rules. Also, the updated chapters were sent to state, federal, and regional agencies for review. 1 The intent of the updated chapters is to provide Tigard a much better foundation on which to prepare ordinances, associated plans, development standards, programs, and intergovernmental agreements. This is necessary to provide the tools needed to improve community livability by protecting air, water, and land resources, conserving energy, and providing a variety of parks and recreation opportunities for residents. By adopting the new Comprehensive Plan chapters, the City signals that it is committed to these principles, whether they are required by federal, state, and regional regulations, or simply the aspirations and wishes of the community. The proposed chapters provide a necessary update to the current language in the Comprehensive Plan, which is out of date and limited scope. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update their plans to reflect current conditions, regulations and information relating to the Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with the Statewide Planning Goals. City Council reviewed the amendment at a November 20, 2007 meeting and had a number of questions and comments on the amendment language. At Council's direction, staff developed alternative language to address the questions and comments for the Council to consider at the public hearing on December 4, 2007. This alternative language is outlined in the memo dated November 21, 2007 (Attachment 1). OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission recommendation and adopt CPA2007-00004. 2. Modify the Planning Commission recommendation and adopt CPA2007-00004. 3. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration at City Council. CITY COUNCIL GOALS Goal 1: Comprehensive Plan A. Updating the blueprint for the City B. Public Input ATTACHMENT LIST Attachment 1: Memo to Council dated November 21, 2007 Attachment 2: An Ordinance approving Comprehensive Plan Amendment 2007-00004 Exhibit A: Tigard Comprehensive Plan Amendments (Statewide Planning Goal 11) Exhibit B: Staff Report to the Planning Commission Exhibit C: Planning Commission Meeting Minutes - November 5, 2007 Exhibit D: Council Memo dated November 6, 2007 (Pertaining to Council workshop on CPA2007-00004) FISCAL NOTES Not Applicable 2 Attachment 1 41 MEMORANDUM TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Hearing - CPA2007-00004 DATE: November 21, 2007 At the December 4, 2007 City Council meeting, a public hearing will be held for CPA2007- 00004. The amendment updates the goals, policies, and recommended action measures for the Public Facilities and Services (Statewide Planning Goal 11) chapter for the updated Comprehensive Plan (see Exhibit A). The proposed amendment language was approved and recommended by the Planning Commission at a November 5, 2007 public hearing. City Council reviewed the amendment at a November 20, 2007 meeting and had a number of questions and comments on the amendment language. At Council's direction, staff developed alternative language to address the questions and comments for the Council to consider at the public hearing on December 4, 2007. This alternative language is outlined below. INTRODUCTION Council asked that a definition of public facilities and services, or at least a list of what is included in the chapter, be added early in the introduction. This will hep the reader quickly identij the contents of the chapter and eliminate the need to browse the chapter to get that information. Staff recommends adding a definition to the glossary and inserting the underlined language below. Public Facilities and Services addresses their appropriate coordination, location, and delivery in a manner that best supports the existing and proposed land uses. For the purposes of the Comprehensive Plan, public facilities and services refer to: CPA2007-00004 1 Attachment 1 • Stormwater Management • Water SuI2121y and Distribution • Wastewater Management ■ Community Facilities • Private Utilities The provision of these facilities and services is essential to a high quality of life and the health, safety, and welfare of the community. Their availability is also vital to promoting and sustaining a strong local and regional economy. For these reasons, the City and its partner agencies and districts must efficiently plan for the impacts of future growth and development on the facilities and services provided. Statewide Planning Goal 11 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage, maintain, and expand the public facilities and services of the community. STORMWATER MANAGEMENT Council directed staff to work with the City Manager to review the language included in the last paragraph of the introduction. Staff recommends the following language changes: Funding for the stormwater system is generated from two sources. The first is from System Development Charges (SDCs) that are assessed on new developments that cannot provide their own water quantity and quality facilities. The money is placed in the Storm Sewer Fund and used for capital projects ineluded in plans fartnuiated by CWS. The second, the Surface Water Management Fee, is a monthly charge that is collected on utility bills. The City keeps 76-0716 a portion of this fee for operations and maintenance of the stormwater infrastructure. Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following alternatives for the Key Findings: • The City maintains 113.4 nii of stormwater pipes, 3975catch basins, and 588 outfalls, and water quality facilities; which includes ponds, swales, filter systems, detention pipes and tanks. ~VL- C;1- tnaintains 79 water- quality faeilities; whieh inelude pands, swales, filter- systerns, CPA2007-00004 2 Attachment 1 Council discussed the use of the word annexation in Policy 4 and staff offers the following alternative: The City shall require a property to be located within the City limits annexation prior to arRy property receiving City stormwater services. Council directed staff to look at the language of Policy 6 and develop alternatives that would be appropriate to accommodate the possible circumstances where an alteration to the natural state of a stream or wetland is needed to protect the health, safety, and welfare of the community. Following are a couple of alternatives: The City shall maintain streams and wetlands in their natural state, to the extent possible, to protect their stormwater conveyance and treatment functions. The City shall discourage modification to existin& ni*in+fti" streams and wetlands in them e to protect their stormwater conveyance and treatment functions. WATER SUPPLY AND DISTRIBUTION und information that will Council commented that the document needs to be timeless and not include backgro soon be outdated. Staff recommends the following alternatives for the Key Findings: City of Tigard. There are 24 eaver-ed r-eser-vairs ift the 4Az:5X'E) systefn that ean store 53 Two water providers operate within the City of Tigard. This requires collaboration to define future roles. • The City of Tigard Water Service provides potable water ately , distributed through a network of reservoirs, pump stations, and pipes up to 36 inches in diameter. ----The Gity of Tigard's water- systefn eantains 13 r-esei-vairs with a total eanibined storage . --The City ef Tigard's water- distribution systeffi eentains eight punip stations to distribute potable water to residents around the T4gar-d Water- Serviee Area. • The dist±ib i is eaffiposed of various pipe types in si~es up tee 36 iftehes in ■ Three feasibility studies will help to provide direction for the City's long-term supply options. Council commented that all new development doesn't necessarily need access to water (e.g. parking lot expansion) and directed staff to look at the wording of Policy 8. Following is alternative language to be considered: CPA2007-00004 3 Attachment 1 The City shall require that all new development needing a water suJ2121y to: Council directed staff to develop an alternative to Recommended Action Measure i. to make it more definitive as the City is far into the process. i. Develop bar_ps with neighboring jurisdictions in securing a long term water supply. Council commented that some areas o f the City have Ion, water pressure and this could be added to Recommended Action Measure iv. Staff recommends adding an additional Recommended Action Measure that reads: Identify areas of the City with low water pressure and implement solutions to address these issues. WASTEWATER MANAGEMENT und information that will Council commented that the document needs to be timeless and not include backgro soon be outdated. Staff recommends the following alternatives for the Key Findings: ~ks of Oeteber- 2006, there wef-e approximately 12,671 eatineetions to the City's wastewater- system. • The City owns and maintains 160 n9i es of wastewater mainline (6 te 21 inehes) sized from 6 to 21 inches in diameter. ■ Gur-rendy, 29 A number of un-served neighborhoods (589 pr-aper-tie-s~ have been provided the opportunity to connect to the wastewater system through the Neighborhood Sewer Extension Program. Anether T Additional neighborhoods have been identified as potential participants in the program. Council discussed the use of the word annexation in Policy 6 and staff offers the following alternative: The City shall require a property to be located within the City limits annexatier~ prior to any hveperty receiving City wastewater services. COMMUNITY FACILITIES Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following alternatives for the Introduction: CPA2007-00004 4 Attachment 1 One way for Tigard Police and TVFR to gauge their level of service is by tracking their incident response time. Both pride themselves on quick response time to calls for service, but as development occurs, added traffic volumes and the associated congestion can cause a delay in response time. This has led to, and will continue to lead to, the need for emergency services to expand their services and facilities in order to continue providing adequate service. better sei-voed. Fer- that reason, 4AI'FR has pur-ehased property and is p! statten that will deerease the r es to these neighbor-he Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following alternatives for the Key Findings. ■ Growth and development will place increasing demands on the Police Department, which eur-r-ently has an average response time that has increased by 16% over the 5 year period from 2002 to 2006. . ±-nr-ee TVFR stations serve City residents, boundaties and a new station planned to be built at Walnut Sta-eet and 421 *k Avenue. ■ TTSD owns 23 a number of properties 099-aeres) in Tigard. The Beaverton School District does not own any property within Tigard. ■ Beaverton School District is experiencing rapid growth and is looking for land for a future school in the southwestern quadrant of their district, which includes schools attended by Tigard residents. Council asked about the verb used in Policies 6 and 9 and directed staff to develop alternatives. The City shall require provide library services that are accessible to the community and are sufficient to meet user demands. The City shall r-eqttb-.e ensure the Senior Center ter-be is accessible and available to serve the needs of the aging population in the community. FRANCHISE PRIVATE UTILITIES Council commented that franchise agreements are being evaluated as to their legal status and directed staff to work with the City Manager to develop alternatives to the term. The first introductory paragraph could be changed to read: Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities enter-inte fr-anehise ag-reeffients with the City as autlined in the a pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. CPA2007-00004 5 Attachment 1 Council commented that franchi e agreements are being evaluated as to their legal status and directed toff to work with the City Manager to develop alternatives to the term. The first Key Finding could be changed to read: ■ Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities ...'a franehise agr-eefnents with the Gity as outfined in Chapter- 15.06 f the T4g d E) ftf pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. und information that will Council commented that the document needs to be timeless and not include backgro soon be outdated. Staff recommends the following alternatives for the Key Findings: ce-e-t provides eable sef-viee and high speed inter-net to Tigard . ■ Collocation of wireless communication equipment and the location of the towers upon which the equipment resides have a direct visual impact upon the community. Appheants for wit-el-ess. faeflities are tequired to demansbrate that all at providers within the City were eontaeted to evaluate possible eelleeation efforts in Orde Council commented that franchise agreements are being evaluated as to their legal status and directed staff to work with the City Manager to develop alternatives to the term. Policy 6 could be changed to address this issue, as well as expanded upon to provide more direction on the City's position regarding right-of-way use. Alternative language could include: infe the future. 6. The City shall manage private utility use of the public rights-of-way and other public lands to: A. Protect the primary intended use of these assets; B. Provide fair opportunity to access these assets, including those involved in emerging technologies; C. Protect the public's past and ongoing investments by assessing sufficient charges for the privilege of using these public assets; and D. Ensure the community has equitable access to essential private utilities. If Policy 6 is edited to include alternative language such as above, information should also be added to the background and key definitions. An example would be: CPA2007-00004 6 Attachment 1 Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities eater-into pay an annual right-of-way usage fee to the City. as outlined in the Tigard Municibal Code. This protects the public's past and ongoing investments in rights-of-way and other public lands. The fee also adheres to an egwty principle that private companies should pay for the privilege of using public property to conduct business, Just as they pay for the privilege of using 12rivate property to conduct business. The services provided by these private companies and the associated infrastructure are essential to the community. As growth and development occurs within the community, the City must require that these services are available and coordinate their extension during the development process, while at the same time protecting the primary intended use of public rights-of-way and other public properties. This coordination, and cooperation between the various entities, helps to avoid conflict with current and planned infrastructure in the right- of-way and provides fair opportunity to access the right-of-way. Additionally, uncoordinated utility installations in the public right-of-way may result in multiple street cuts and increased public costs to maintain curbs, gutters, streets, and sidewalks. The following Key .Findings should also be added.- • As an equity principle, private companies should pay for the privilege of using public property to conduct business. • A key task of the City is to protect the public's investments and the primary intended use of these assets. Council asked whethergarbage collection should be included in this section of the Comprehensive Plan. Staff re.ponded that the Land Resources Quality section of*the Environmental Quality chapter contains language referring to garbuge haulers, and that staff would review this language to ensure its appropriateness. After review, stuff recommentlr leaving the language in the.EnvironmentalQuality chapter. Following if Policy 2 under Goal 6.3 in the EmironmentalQuality chapter.- 2. The City shall regulate and manage solid waste and recycling collection services through franchise agreements that: A. Ensure recycling opportunities are accessible to all households, businesses, and institutions; B. Implement waste reduction measures through prevention and recovery efforts; C. Remain cost effective and environmentally sensitive; and D. Comply with applicable plans, policies, and laws. CPA2007-00004 7 Attachment 1 AGENDA ITEM No. 3 Date: December 4, 2007 PUBLIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING - COMPRHENSIVE PLAN CPA2007-00004 - UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES Due to Time Constraints City Council May Impose A Time Limit on Testimony ]:\ADM/CAT1IY\CCS]GNU13\P1-1 TESTIMONY LE-G071204.DOC AGENDA ITEM No. 3 Date: December 4, 2007 PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. IL Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Attachment 1 MEMORANDUM TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Hearing - CPA2007-00004 DATE: November 21, 2007 At the December 4, 2007 City Council meeting, a public hearing will be held for CPA2007- 00004. The amendment updates the goals, policies, and recommended action measures for the Public Facilities and Services (Statewide Planning Goal 11) chapter for the updated Comprehensive Plan (see Exhibit A). The proposed amendment language was approved and recommended by the Planning Commission at a November 5, 2007 public hearing. City Council reviewed the amendment at a November 20, 2007 meeting and had a number of questions and comments on the amendment language. At Council's direction, staff developed alternative language to address the, questions and comments for the Council to consider at the public hearing on December 4, 2007. This alternative language is outlined below. INTRODUCTION Council asked that a definition of public facilities and services, or at least a list of what is included in the chapter, be added early in the introduction. This will hep the reader quickly ident the contents of the chapter and eliminate the need to browse the chapter to get that information. Staff recommends adding a definition to the glossary and inserting the underlined language below.- Public Facilities and Services addresses their appropriate coordination, location, and delivery in a manner that best supports the existing and proposed land uses. For the purposes of the Comprehensive Plan, public facilities and services refer to: CPA2007-00004 1 Attachment 1 • Stormwater Management • Water Supply and Distribution • Wastewater Management • Community Facilities • Private Utilities The provision of these facilities and services is essential to a high quality of life and the health, safety, and welfare of the community. Their availability is also vital to promoting and sustaining a strong local and regional economy. For these reasons, the City and its partner agencies and districts must efficiently plan for the impacts of future growth and development on the facilities and services provided. Statewide Planning Goal 11 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage, maintain, and expand the public facilities and services of the community. STORMWATER MANAGEMENT Council directed staff to work with the City Manager to review the language included in the lastparagraph of the introduction. Staff recommends the following language changes: Funding for the stormwater system is generated from two sources. The first is from System Development Charges (SDCs) that are assessed on new developments that cannot provide their own water quantity and quality facilities. The money is placed in the Storm Sewer Fund whiieh is managed by G and used for capital projects C-WS. The second, the Surface Water Management Fee, is a monthly charge that is collected on utility bills. The City keeps 75% a portion of this fee for operations and maintenance of the stormwater infrastructure. Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following alternatives for the Key Findings: • The City maintains 113.4 m-i'eg of stormwater pipes, 397-5-catch basins, and 588 outfalls, and water quality facilities; which includes ponds, swales, filter systems, detention pipes and tanks. detentieft pipes and tanks. CPA2007-00004 2 Attachment 1 l' Council discussed the use of the word annexation in Policy 4 and staff offers the following alternative: The City shall require a property to be located within the City limits &ntte-.fatia prior to arm prsper-ty receiving City stormwater services. Council directed staff to look at the language of Policy 6 and develop alternatives that would be appmpriate to accommodate the possible circumstances where an alteration to the natural state of a stream or wetland is needed to protect the health, safety, and welfare of the community. Following are a couple of alternatives: The City shall maintain streams and wetlands in their natural state, to the extent possible, to protect their stormwater conveyance and treatment functions. The City shall discourage modification to existing_fftftintaift streams and wetlands in starte to protect their stormwater conveyance and treatment functions. WATER SUPPLY AND DISTRIBUTION Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following alternatives for the Key Findings: As of November 2006, TNAVD has approximately 1,920 9 ~~etiens within th-e Gity of Tigard. There ate 24 eavered reservoirs in the 4XAID sy9tem that eaft stafe 53 Two water providers operate within the City of Tigard. This requires collaboration to define future roles. • The City of Tigard Water Service provides potable water. , th:rough 4y 17,300 residential, earnmereial, and teetions distributed through a network of reservoirs, pump stations, and pipes up to 36 inches in diameter. Cif-of Tigard's water distribution system eantains eight pttffip stations to distfibute patable water te residetits at-ound the Tigard Water- Setviee Area. diameter. T-6. s:R • Three feasibility studies are in prog ess and will help to provide direction for the City's long-term supply options. Council commented that all new development doesn't necessarily need access to water (e.g. parking lot expansion) and directed staff to look at the wording of Policy 8. Following is alternative language to be considered: CPA2007-00004 3 Attachment 1 i The City shall require tl}at all new development needing a water supple Council directed staff to develop an alternative to Recommended Action Measure i. to make it more definitive as the City is far into the process. i. Develop partnerships with neighboring jurisdictions in securing a long term water supply. Council commented that some areas ol'the City have low waterpressure and this could be added to Recommended Action Measure iv. Staff recommends adding an additional Recommended Action Measure that reads: Identify areas of the City with low water pressure and implement solutions to address these issues. WASTEWATER MANAGEMENT Council commented that the document needs to be timeless and not include background information that will soon -be outdated. Staff recommends the following alternatives for the Key Findings: As of Oetaber 2006, there were approximately 12,671 eanneetions to the City's wastewater system. • The City owns and maintains "n miles `wastewater mainline -(-tell-inche-s) sized from 6 to 21 inches in diameter. • Eurf-ently, 29 A number of un-served neighborhoods (589 prey have been provided the opportunity to connect to the wastewater system through the Neighborhood Sewer Extension Program. Another 17 Additional neighborhoods have been identified as potential participants in the program. Council discussed the use of the word annexation in Policy 6 and staff offers the following alternative. The City shall require a property to be located within the City limits annexation prior to aY property receiving City wastewater services. COMMUNITY FACILITIES Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following altern atives for the Introduction: CPA2007-00004 4 Attachment 1 One way for Tigard Police and TVFR to gauge their level of service is by tracking their incident response time. Both pride themselves on quick response time to calls for service, but as development occurs, added traffic volumes and the associated congestion can cause a delay in response time. This has led to, and will continue to lead to, the need for emergency services to expand their services and facilities in order to continue providing adequate service. Tl--". .]..-.-rated in the &et that 4AIFR has fiqufld -Q s-peeiatt of the City that eatild be better sei-ved. For that reason, TVFR has putehased property and is planning a new station that will deer-ease the r- L es to thase neighbor-he Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following alternatives for the Key Findings: • Growth and development will place increasing demands on the Police Department, which eur-rend y has an average response time that has increased by 16% over the 5 year period from 2002 to 2006. ever the last 5 years to 1 rninutes, 30 seeends per . --Tl:ffee 4AIFR stations serve Gity residents, with one station laeated within City beundaries and a new station planned to be built at Walnut Street and -Av e. • TTSD owns 2-3 a number of properties (189aeres) in Tigard. The Beaverton School District does not own any property within Tigard. ■ Beaverton School District is experiencing rapid growth and is looking for land for a future school in the southwestern quadrant of their district, which includes schools attended by Tigard residents. Council asked about the verb used in Policies 6 and 9 and directed staff to develop alternatives. The City shall rye provide library services that are accessible to the community and are sufficient to meet user demands. The City shall require ensure the Senior Center to- is accessible and available to serve the needs of the aging population in the community. FRANCHISE PRIVATE UTILITIES Council commented that franchise agreements are being evaluated as to their legal status and directed staff to work with the City Manager to develop alternatives to the term. The first introductory paragraph could be changed to read. Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities enter into pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. CPA2007-00004 5 Attachment 1 Council commented that franchise agreements are being evaluated as to their legal status and directed staff to work with the City Manager to develop alternatives to the term. The first Key Finding could be changed to read: ■ Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities franeh~sea eements with the Gity as outfined ift Chapter 15.06 of the Tigard pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. Council commented that the document needs to be timeless and not include background information that will soon be outdated. Staff recommends the following alternatives for the Key Findings: *-GO-n-Wealat provides eable setviee and high speed internet to Tigatd residents. • Collocation of wireless communication equipment and the location of the towers upon which the equipment resides have a direct visual impact upon the community. A ants for vvirel-ess ;lp-],---r--,----44-Rr-ntit-,ieation faeilities are reqttired to demonstrate that all at providers within the City were eantaeted to evaittate possible eallaeation efforts i" Orde Council commented that franchise agreements are being evaluated as to their legal status and directed staff to work with the City Manager to develop alternatives to the terra. Policy 6 could be changed to address this issue, as well as expanded upon to pro vide more direction on the 00 's position regarding right-of-way use. Alternative language could include: inte the f.-F 6. The City shall manage private utility use of the public rights-of-way and other public lands to: A. Protect the primary intended use of these assets; B. Provide fair opportunity to access these assets, including those involved in emerging technologies; C. Protect the public's past and ongoing investments by assessing sufficient charges for the privilege of using these public assets; and D. Ensure the community has equitable access to essential private utilities. If Policy 6 is edited to include alternative language such as above, information should also be added to the background and key definitions. An example would be: CPA2007-00004 6 Attachment 1 Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities eilier into pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. This protects the public's past and ongoing investments in rights-of-way and other public lands. The fee also adheres to an equity principle that private companies should pay for the privilege of using public property to conduct business, just as they pay for the privilege of using l2rivate property to conduct business. The services provided by these private companies and the associated infrastructure are essential to the community. As growth and development occurs within the community, the City must require that these services are available and coordinate their extension during the development process, while at the same time protecting the primary intended use of public rights-of-way and other public properties. This coordination, and cooperation between the various entities, helps to avoid conflict with current and planned infrastructure in the right- of-way and provides fair opportunity to access the right-of-way. Additionally, uncoordinated utility installations in the public right-of-way may result in multiple street cuts and increased public costs to maintain curbs, gutters, streets, and sidewalks. The following Key Findings should also be added. • As an equity principle, private companies should pay for the privilege of using public property to conduct business. • A key task of the City is to protect the public's investments and the primary intended use of these assets. Council asked whethergarbage collection should be included in this section of'the Comprehensive Plan. Staff responded that the .Lund KesourcesQuality section of the Environmental Quu/ity chapter contains language referring togarbuge haulers, and that staff'would review this language to ensure its appropriateness. After review, staff recommends leaving the language in the Environmental Quality chapter..Following is Policy 2 under Goal 6.3 in the Environmental Quality chapter- 2. The City shall regulate and manage solid waste and recycling collection services through franchise agreements that: A. Ensure recycling opportunities are accessible to all households, businesses, and institutions; B. Implement waste reduction measures through prevention and recovery efforts; C. Remain cost effective and environmentally sensitive; and D. Comply with applicable plans, policies, and laws. CPA2007-00004 7 Attachment 1 Exhibit A r 04 ;r Public Facilities an Servl*ces "The community s vision is f or a future where essentialpublic facilities and services are readily available to serve the needs of the community. " P ubhc Facilities and Services addresses their appropriate coordination, location, and delivery in a manner that best supports the existing and proposed land uses. The provision of these facilities and services is essential to a high quality of life and the health, safety, and welfare of the community. Their availability is also vital to promoting and sustaining a strong local and regional economy. For these reasons, the City and its partner agencies and districts must efficiently plan for the unpacts of future growth and development on the facilities and services provided. Statewide Planning Goal 11 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage, maintain, and expand the public facilities and services of the community. :1 Public Facilities and Service ~t.... "To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." The community's vision is for a future where essential public facilities and services are readily available to serve the needs of the community. They under- stand the importance of not only planning for and funding the facilities, but ensuring their continued maintenance. They also recognize the impact that new development places upon all services and want them to pay their fair share. The public library, senior center, public safety, and public schools are especially considered vital components of a high quality, livable communuty. Furthermore, it is recognized that expected population growth in the region will place increased pressure on existing public facilities and services. The City of Tigard has adopted the City of Tigard Public l milily Plan (1991) as required by Oregon Administrative Rule 660-11. The City will make appropriate updates to the Public Fad ily Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rule 660-25. Section 1: Stormwater Management The City stormwater infrastructure is a mix of natural and piped systems. As with most urban areas, the reliance on piped stormwater has been important to transport the water from impervious surfaces to the natural systems and move it out of the community. To ensure the system operates effectively, the natural components must remain in good condition to meet the primary objectives of protecting water quality and flood control. To accomplish these objectives, the City collaborates with Clean Water Services (CWS) in the planning and manage- Comprehensive Plan City of 'Tigard 11-1 - PUBLIC FACILITIES AND SERVICES ment of the system. The plans currently used for City efforts are the CWS StomiwaterMann9ement Plan (2006), which addresses water quality protection, and Fanno Creek Wlatershed 11Ianagernent Plan (1997), which addresses flood control in the City". The 2006 ,Storrnwater.lllancrgement Plan (SWIM') is a requirement of the combined National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewcr System (MS4) permits held by CWS. The SWMP is revised on a five-year cycle and was last updated in spring 2006. To implement the plan, the City has an inter-governmental agreement (IGA) with CWS as a "self-service provider." This designation means the City has operation and main- tenance authority over storm drain systems, water quality systems, and roadside ditches under City jurisdiction. The IGA outlines the CWS work program stan- dards that must be followed by the City. The 1997 .Fanno Creek Vatersbed Alanq;enient Plan (Fanno Plan) prepared by CWS for all jurisdictions within the basin, is the principal plan for drainage in the City. The Fanno Plan covers 35% of Tigard (the remaining 15% of the juris- diction drains directly to the Tualatin River) and has been adopted by the City. Included in the plan is an inventory of drainage structures, an evaluation of their adequacy of capacity, and recommended City infrastructure improvements to reduce flooding. Funding for these projects is available through the Storm Sewer Fund that results from the collection of system development charges. In addition, the City is responsible for adopting policies and regulations that implement statewide land use goals to protect water quality and wildlife habitat. These policies and regulations must ensure that the impacts of new develop- ment on the stormwater infrastructure are minimized. One of the greatest impacts on stormwater infrastructure is the amount of impervious surface in a watershed. Impervious surfaces increase run-off into the stormwater system and increase the peak flow of storm events. Reducing the impervious surface coverage will encourage natural filtration and help to reduce the stormwater infrastructure needs, as well as reduce problems associated with scouring and erosion of stream channels from storm events. Although CWS does not have land use authority, they have been involved in reducing the impacts of stormwater by developing the CWS Design and Construction .Standards (2007) that have been adopted by and are implemented by the City. A city engineer performs the task of evaluating the stormwater infrastructure design during the development review process to make sure the standards are met. 11-2 City of Tigard Comprehensive Plan NNW In addition to the CWS Design and Construe-lion Standards (2007), the City has adopted voluntary habitat friendly development provisions that may be utilized during new development. The provisions seek to protect wildlife habitat that has been identified within the community and includes low unpact development practices that are meant to reduce stormwater flow. Funding for the stormwater system is gener- ated from two sources. The first is from . System Development Charges (SDCs) that are One of the assessed on new developments that cannot.k. greatest imPacts provide their own water quantity and quality facilities. The money is placed in the Storm on stormwater Sewer fund, which is managed by CWS and used for capital projects included in plans infrastructure formulated by CWS. The second, the Surface Water Management Fee, is a monthly charge is the amount that is collected on utility bills. The City keeps o impervious 75°,% of this fee for operations and mainte- nance of the stormwater infrastructure. surface in i KEY FINDINGS watersbed 9~, 3 ■ The expansion and maintenance of stormwater infrastructure is an important factor affecting growth and development. ■ Objectives of the stormwater system are the protection of water quality and flood control and are addressed through the CWS Storm:vaterManagement Plan (2006) and the Fanno Creek 11 aterslied Management Plan (1997). ■ The City maintains 113.4 miles of stormwater pipe, 3975 catch basins, and 588 outfalls. ■ The City maintains 79 water quality facilities; which include ponds, swales, filter systems, detention pipes and tanks. ■ Impervious surfaces, undersized bridges and culverts, and inadequate infra- structure contribute to localized flooding. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the unpact of growth on the community's natural resources. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and 'infrastructure. Comprehensive Plan I City of Tigard 11-3 - PUBLIC FACILITIES AND SERVICES GOAL 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. POLICIES 1. The City shall require that all new development:: A. construct the appropriate stormwater facilities or ensure construction by paying their fair share of the cost; B. comply with adopted plans and standards for stormwater management; and C. meet or exceed regional, state, and federal standards for water quality and flood protection. 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. 3. The City shall require the stormwater management system to comply with all applicable federal, state, and regional regulations and programs. 4. The City shall require annexation prior to any property receiving City stormwater services. 5. The City shall require maintenance access to all stormwater infra- structure and easements. 6. The City shall maintain streams and wetlands in their natural state to protect their stormwater conveyance and treatment functions. 7. The City shall encourage low impact development practices and other measures that reduce the amount of and/or treat stormwater runoff at the source. The City shall develop sustainable funding mechanisms: A. for stormwater system maintenance; B. to improve deficiencies within the existing system; and C. to implement stormwater system improvements identified in the Capital Improvement Plan. 11-4 City of Tigard Comprehensive plan RECOMMENDED ACTION MEASURES i. Adopt natural resource and habitat friendly development standards that utilize uicentives for developers to incorpo- rate green concepts into their design. it. Review and modify the Community Development Code, as needed, to include effective regulations to implement the stormwater management goals and policies. iii. Identify and map problematic stormwater drainage areas in the community. iv. Research alternative funding strategies for use in improving identified problem stormwater drainage areas in the commum'M V. Develop partnerships to produce and distribute informa- tional materials that outline the benefits of low impact development practices and green street concepts. vi. Develop and imple- ment a Capital ♦ L r uh the Replacement Program ' ' for the stormwater 00,11 owns a few :s system. wells, nearly 4. Section 2: Water Supply and 90% of the Distribution water supply The City of Tigard provides water to the Tigard \Vater Service Area. This area purchasedfroin includes most of the City's residents and also the City of Durham, King City, and wholesale water the Bull Mountain area of unincorporated providers such kv,lashi.ngton Countv; which is represented by the Tigard Water. District. The northeast i the Portland corner of the City is supplied water by the Tualatin Valley Water District ("I'VWD), Water which operates independently froth the City of Tigard. The '!A WD is governed by a five-member Board of Commissioners and operates under the -IA"WD WaterllllasterPlanlManagement Plan (2007).'Tigard has no role in the operation or management of TVWD, but has collaborated with Comprehensive Plan City of Tigard 11-5 - PUBLIC FACILITIES AND SERVICES theta on long-term supply studies and is also capable of sharing water in emer- gency situations. The City of Tigard took over the provision of water to the Tigard Water Service Area from the Tigard Water District in 1994. During the transfer of supply responsibilities, an IGA created oversight for the water system through the Inter- governmental Water Board (IGWB), which consists of a member from Tigard, Durham, Icing City, Tigard Water District, and one at-large member. The IGWB advises Tigard City Council on issues relating to rate setting and water supply. The City owns and operates the water distribution system under license from the Oregon Department of Human Services and the Oregon Water Resources Department. The [Pater Distribution Hydraulic Stzidy (2000) is the current master plan for the City water supply system. The study provides direction for system improvements, including storage and distribution. Although the City owns a few wells, nearly 90% of the water supply is purchased from wholesale water providers such as the Portland Water Bureau (PWB). The City signed a 10-year agreement in summer 2006 to continue purchasing water from PWB. In addition, the City purchases water from the City of Lake Oswego, which draws its water from the Clackamas River Basin. This lack of a City- owned supply has been identified as an important issue for the future and three long-term supply feasibility studies are in progress. The studies are in collabora- tion with neighboring jurisdictions and will evaluate various options for partner- ships in securing a long-term supply. During periods of high water demand, the City can supplement its supply with water froth City-owned aquifer storage and recovery (ASR) wells and native groundwater wells. Additional supply is available for purchase from the joint Water Commission (1WC). Water from the JWC is delivered via the City of Beaverton system; making it Tigard's only fluoridated supply. The City also has system inter-ties with Tualatin and the Lake Grove Water District that allows sharing water under emergency conditions. In 2005, the Oregon Departments of Human Services and Environmental Quality conducted a source water assessment on Tigard's groundwater. Within the Tigard water service area, 50 sites were identified as potential sources of drinking water contamination if managed improperly. The City of Tigard Water System is set up as an enterprise fund. The budget needs no money from the City general fund and operates based solely on 11-6 City of Tigard Comprehensive Plan AV%L revenue the Water System creates. System Development Charges for new construction and connections, and rates for water consumption are the two main sources of revenue for the budget. KEY FINDINGS ■ The expansion and maintenance of water supply and distribution uifrastruc- ture is an important factor affecting growth and development. ■ As of November 2006, TVWD has approximately 1,920 service connections within the City of Tigard. There are 24 covered reservoirs in the TVWD system that can store 53 million gallons of water. ■ The City of Tigard Water Service provides potable water to approximately 55,990 people through approximately 17,300 residential, commercial, and industrial service connections. ■ The City of Tigard's water system contains 13 reservoirs with a total combined storage capacity of approximately 24.5 million gallons. ■ The City of Tigard's water distribution system contains eight pump stations to distribute potable water to residents around the Tigard Water Service Area. ■ The distribution system is composed of various pipe types in sizes up to 36 inches in diameter. The total length of piping in the service area is approxi- mately 209 miles. ■ Three feasibility studies are in progress and will help to provide direction for the City's long-term supply options. • The City has experienced a decrease in total and per capita consumption from 2001 to 2005 due to repairs made in water line leaks, rising costs, and the Water Conservation Program. ■ The Water Demand Forecast Report (2006) projects future annual water demand could range from 2,732 to 3,229 million gallons in the Tigard Water Service Area. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.2 Secure a reliable, high quality water supply to meet the existing and future needs of the community. Comprehensive Plan Cite of Tigard 11-7 _ PUBLIC FACILITIES AND SERVICES POLICIES 1. The City shall prioritize securing an interest in a high quality, long- term water supply, which is financially feasible and reliable, to serve the Tigard Water Service Area. 2. The City shall develop and maintain a water system master plan to coordinate the improvement and expansion of Tigard Water Service area infrastructure to serve current and projected demand. 3. The City shall require maintenance access to all public water infra- structure and easements. 4. The City shall coordinate with Tualatin Valley Water District to require adequate supply and pressure to meet consumption and fire protection needs for the portion of Tigard served by the District. 5. The City shall ensure Tigard Water Service operations remain finan- cially self-supporting. 6. The City shall require all new connections within the Tigard Water Service Area to pay a system development charge. 7. The City shall comply with all state and federal laws and regulations relating to potable water. S. The City shall require that all new development: A. connect to a public water system; B. pay a system development charge and other costs associated with extending service; C. ensure adequate pressure and volume to meet consumption and fire protection needs; and D. extend adequately sized water lines with sufficient pressure to the boundaries of the property for anticipated future extension. 9. The City shall encourage water conservation through informational programs and maintenance of the system. 10. The City shall prohibit activities that have the potential for contami- nation of the municipal water supply. RECOMMENDED ACTION MEASURES i. Continue to investigate options to partner with neigh- boring jurisdictions in securing a long term water supply. ii. Construct water distribution facilities in areas with minimal visual impact upon the community. iii. Identify and map developed properties that are not 11-8 City of Tigard Comprehensive Plan AW%L connected to the municipal water supply. iv. Continue funding a maintenance program that ensures adequate pressure and flow, protects water quality, and minimizes water loss. V. Regularly review and update the Cotninunity Development Code as it applies to potable water. vi. Continue producing and distributing informational mate- rials related to water supply and conservation. Vii. Update water system development charges as needed. viii. Research and implement a system development charge structure that doesn't penalize residential structures for installing a fire sprinkler system. ix. Develop and implement a Capital Replacement Program for the water distribution system. X. Survey the community to gauge their attitude regarding a fluoridated water supply. Section 3: Wastewater Management Wastewater services within Tigard are managed through an agreement "'Land use applicants between the City and CWS. The agree- meet assigns the City enforcement of a required design and construction standards, rules and regulations, and rates and o blic charges governing the use of, and Facility Permit when connection to, the wastewater system. In return, CWS acts as the regional connecting to City wastewater authority that provides, owns, and maintains sewer lines with owned wastewater a diameter of 24 inches or greater (the ifrastructure. City owns less than 24-inch lines), as well as pump stations and treatment facilities. CWS is also responsible for the planning of wastewater collection in the Tualatin River basin. CWS owns and operates the Durham Wastewater Treatment Facility. The facility is operating under the basin-wide NPDES permit and is in compli- ance with Clean Water Act regulations. The City has an IGA with Clean Water Comprehensive Plan City of Tigard 11-9 JO"k _ PUBLIC FACILITIES AND SERVICES Services to perform management and maintenance tasks on City-owned waste- water infrastructure to ensure continued compliance with the regulations. The CWS Collection System 1llaster Plan Update (2000) is the current plan for waste- water collection in the Tualatin basin, including the City of Tigard. The primary focus of the plan was to analyze future capacity of the system and found that all existing lines within the City of Tigard have adequate capacity to accommodate anticipated growth. The City has also developed the Sanitary Sewer Facility Plan Map to help priori- tize projects and schedule improvements to the system through the Capital Improvement Plan (CIP). The facility- map is continuously revised and shows the locations of all current and proposed lines within the City. The map allows the City to plan for new construction and also identify developed neighborhoods not currently being served by the wastewater system. The Neighborhood Sewer Extension Program was established m 1996 by the City to extend public infrastructure to unconnected neighborhoods. This program encourages property owners to retire septic systems and connect to the City sewer system. The program does require property owners, upon connec- tion, to reimburse the City for a fair share of the total cost. To encourage participation, the City also established the Neighborhood Sewer Reimbursement District Incentive Program that provides options for limiting the financial burden on the property owner. In addition to the operation and maintenance of the existing wastewater system, the City is responsible for implementing the CWS Defzgn and Constniction Standards (2007). Land use applicants are required to obtain a Public Facility Permit when connecting to City owned wastewater infrastructure and must comply with the standards as part of the development review process. This function is outlined in the IGA between CWS and Tigard and is carried out by a city engineer. Funding for the wastewater system is generated from three sources. First, devel- opers finance the construction of new sewer lines needed to service their new developments. Secondly, during the building permit process a connection fee is collected by the City. Most of the fee is transferred to CWS, but a portion of the fe.e is retained by the City for system improvements. Finally, the monthly sewer service fee is collected on the utility bill and a portion is retained by the City for operations and maintenance of the wastewater system. 11-10 Cin, of Tigard Comprehensive Plan Oftli, KEY FINDINGS ■ The expansion and maintenance of wastewater infrastructure is an impor- tant factor affecting growth and development. ■ The City coordinates the expansion, operation, and maintenance of waste- water infrastructure through an IGA with CWS as a "self-service provider." ■ As of October 2006, there were approximately 12,671 connections to the City's wastewater system. ■ The City owns and maintains 160 miles of wastewater mainline (6 to 21 inches). ■ Currently, 29 neighborhoods (589 properties) have been provided the opportunity to connect through the Neighborhood Seiner Extension Program. ;mother 17 neighborhoods have been identified as potential participants in the program. ■ The citizens of Tigard are concerned about population increases and the impact upon the community. ■ The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. GOAL 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. POLICIES 1. The City shall require that all new development: A. connect to the public wastewater system and pay a connection fee; B. construct the appropriate wastewater infrastructure; and C. comply with adopted plans and standards for wastewater management. 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. 3. The City shall require the wastewater management system to comply with all applicable federal, state, and regional regulations and programs. Comprehensive Plan City of Tigard 11-11 _ PUBLIC FACILITIES AND SERVICES 4. The City shall require maintenance access to all wastewater infrastructure and easements. 5. The City shall prohibit the repair or replacement of septic tank systems within the City, to the extent it has jurisdiction, unless it is not feasible to connect to the wastewater system. 6. The City shall require annexation prior to any property receiving City waste- water services. 7. The City shall require wastewater fees to be adequate to fund the operations and maintenance of the system. RECOMMENDED ACTION MEASURES i. Collaborate with Washington County Department of Health and Human Services on developing an efficient protocol for notification of failed septic systems. ii. Regularly review and update fees and charges to ensure they are sufficient to meet the needed operational costs. iii. Identify and map properties not connected to the public wastewater system. ix. Continue the sewer extension program in order to encourage all properties to connect to the public wastewater system. yr Continue a proactive maintenance program to prolong the life of the infrastructure. vi. Develop and implement a Capital Replacement Program for the wastewater collection system. Section 4: Community Facilities The City of Tigard provides many community services, while special districts supply a portion of the facilities and services that make the community what it is today. All of these facilities and services must maintain a level of service that is adequate for the current population and, at the same time, must plan for and accommodate future growth and development within Tigard. This is why collab- oration during the development process is essential to ensuring the services will be available and funding options will continue to exist with an acceptable level of service. City-owned facilities include the Tigard Public Library, the Senior Center, and a number of administrative and equipment storage facilities. The library is a new facility that was funded by a community bond measure and opened to the public in 2004. The library offers a wide range of services and programs and acts as a 11-12 City of Tigard Comprehensive Plan community center for Tigard residents. The library has experienced a significant increase in use since the new facility was opened. The Senior Center is a hub of activities for the aging population in the commu- nity. Social events, classes, and meal services are a few of the offerings. Other City-owned facilities are dispersed around the community and house various City personnel and equipment. These facilities are vitally important to support the provision of public services to the community: Two public school districts serve the City of Tigard's school-age children: Tigard-Tualatin and Beaverton. Only Tigard-Tualatin owns property and operates schools within the Tigard city liinits. Both districts have seen steady growth over the years and are an important component of reviewing develop- ment applications to ensure school capacity, is not exceeded. Additionally, this working relationship is important to finding appropriate sites for new school facilities that will limit the impacts to the neighborhood and traffic flow Public safety is a critical component of a livable community. There must be adequate and effective services, as well as the necessary infrastructure, "Although not all to respond to emergencies in a timely and efficient manner. This not only k. . applies to the current population and City departments are built environment within the City, but involved directly also to new growth and development. t. land use planning, The Tigard Police Department provides police services, while theirprovision of ~h Tualatin Valley Fire & Rescue t _ services is affected (TVFR) provides fire protection ' and emergency services for the growtb and community. Both have an inter- governmental agreement with the development." "'i Washington County Consolidated r, Communications Agency (WCCCA)_ for 911 service and public safety communications. Tti'FR is a fire district that covers 210 square miles, has a five-member board of directors and is funded through a permanent tax rate on properties within the district. Comprehensive Plan City of Tigard 11-13 - PUBLIC FACILITIES AND SERVICES One way for Tigard Police and TVFR to gauge their level of service is by tracking their incident response time. Both pride themselves on quick response time to calls for service, but as development occurs, added traffic volumes and the associated congestion can cause a delay in response time. This is illustrated in the fact that TVFR has found a section of the City that could be better served. For that reason, 'IA"FR has purchased property and is planning a new station that will decrease the response times to those neighborhoods. Since growth and development will impact both fire and police services, Tigard Police and TVFR have the opportunity for review and comment during the land use application process. They evaluate proposed projects to ensure an adequate level of service exists for the development and no impediments will occur to hamper the ability to perform their functions. For TV FR, street design and placement is very important for access and egress of its equipment. A. well connected street network is also essential to improving response times, for both fire and police services. During the land use application process, TVFR reviews hydrant locations, adequacy of firefighting water supplies, and viability of appa- ratus access to ensure meeting fire code requirements. In addition to providing a built environment that is accessible for safety equip- ment, the City has adopted the Oregon statewide minimum fire code and performs inspections on new construction. The fire code outlines the required equipment for various development types and sizes. Homeowners can volun- tarily take steps to reduce risk of fire by installing equipment and providing a defensible space around structures that are located in an area at risk of wildfire. KEY FINDINGS ■ Growth and development will place increasing demands on the Police Department, which currently has an average response time that has increased over the last 5 years to 4 minutes, 30 seconds per call. ■ Areas of high population density and commercial areas, particularly Washington Square Mall, place high demands on the Tigard Police Department. ■ -IVFR provides fire protection services for the City through an IGA. ■ Three TVFR stations serve City residents, with one station located within City boundaries and a new station planned to be built at Walnut Street and 124th Avenue. ■ The dependability of fire protection is based in part on the distribution and capacity of the City water supply. 11-14 Cityof Tigard Comprehensive Plan ■ The City owns all fire hydrants within its boundaries. ■ The community has an ISO fire insurance rating of 2, one of 15 in Oregon. ■ Street widths must be adequate for fire equipment access and egress, which may conflict with development that is promoting a pedestrian-friendly envi- ronment through narrower streets. • Appropriate fire detection and suppression equipment installed at the time of development is cost-effective and invaluable in reducing the community's risk to fire. ■ Two public school districts serve the City of Tigard's school-age children: Tigard-Tualatin and Beaverton. The school district boundary dates back to 1910, prior to Tigard's incorporation. ■ In both 1993 and 2006 city surveys, "Tigard residents named schools, educa- tion or school funding as top issues for the community (ranking 6th and 4th, respectively). . ■ TTSD owns 23 properties (189 acres) in Tigard. The Beaverton School District does not own any property within Tigard. ■ TTSD estunates slow steady growth: 4.6% rate by 2010, with no additional schools planned for City limits. ■ Beaverton is experiencing rapid growth and is looking for land for a future school in the southwestern quadrant, which includes schools attended by Tigard residents. ■ The new library has experienced increased usage (80% increase in visits from '1996 to 2006) since its completion, and as growth and development occur in the community, additional pressure will be put on the services offered. ■ The library is valued as a community center for public meetings and other events. ■ Although not all City departments are directly involved in land use planning, their provision of services is affected by growth and development. These impacts on government services must be considered during the land use application process, as well as additional facilities that would be needed to house them. ■ City sustainability programs will be evaluated for inclusion in the Capital Improvement Plan and may have an impact on future building renovations as it relates to the Tigard Commnnio Development Code. ■ The citizens of Tigard are concerned about population increases and the impact upon the community-. ■ The citizens of Tigard are concerned about the future of public services, which includes safety, schools and infrastructure. Comprehensive Plan City of Tigard 11-15 - fill PUBLIC FACILITIES AND SERVICES GOAL 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. POLICIES 1. The City shall support the provision of accessible public facilities and services through ensuring adequate administrative and general governance services. 2. The City- shall continue to develop and maintain a Capital Improvement Plan to help provide for the orderly provision of public facilities and services. 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. 4. T he City shall require that all new development: A. can be provided fire and police protection; B. provide Tigard Police, Tualatin `'alley Fire and Rescue, and the school districts the opportunity to comment on the proposal; C. have sufficient fire hydrants and fire flow; D. have a street layout and design that is accessible by emergency vehicles; and E. have buildings that meet fire and building code requirements. 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. 6. The City shall require library services that are accessible to the community and are sufficient to meet user demands. 7. The Cite shall coordinate with the school districts to address capacity needs associated with population growth. 8. The Citv shall locate appropriate municipal administration offices and services in downtown Tigard. 9. The City shall require the Senior Center to be accessible and avail- able to serve the needs of the aging population in the community. 10. The City shall: A. plan for and provide sufficient resources to respond to emergencies; B. coordinate and collaborate with the appropriate jurisdictions, agencies, and districts for emergency response; C. participate in emergency preparedness exercises on a periodic basis; and 11-16 City of Tigard Comprehensive Plan D. maintain an Emergency Operations Plan that is updated on a regular basis. 'RECOMMENDED ACTION MEASURES i. Continue using the 5-year planning period as the fotmda- tion of the Capital Improvement Plan and continue imple- menting the Council approved projects each fiscal year. ii. Work with public safety agencies and districts to protect their ability for continued service provision. iii. Review the Community Development Code to identify locational barriers to constructing new schools and fire stations. iv. Research and identify funding sources to maintain and expand City services. cc Use current and future technologies to educate, alert, warn, and direct citizens to action in the event of major emergencies and disasters. vi. Work with Tualatin 'Valley Fire and "Uncoordinated Rescue to inform the community installations utility about the risks of urban interface in the public • wildfire. vii. Plan and locate of-way may result emergency evacua- tion routes outside in multiple street t? of flood prone increased cuts and areas. vii. Implement and public ..i? update the 20-year Facility Plan for the ~continued stewardship of public buildings. Comprehensive Plan ~ City of Tigard 11-17 - PUBLIC FACILITIES AND SERVICES Section 5: Franchise Utilities Telecommunications, electricity, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities enter into franchise agreements with the City as outlined in the Tigard Munidpal Code and pay an annual right-of-way usage fee to the City. The services provided by these private companies and the associated infrastruc- ture are essential to the community. As growth and development occurs within the community, the City- must require that these'services are available and coor- dinate their extension during the development process. This coordination, and cooperation between the various entities, helps to avoid conflict with current and planned infrastructure in the right-of-way. Additionally, uncoordinated utility installations in the public right-of-way may result in multiple street cuts and increased public costs to maintain curbs, gutters, streets, and sidewalks. The placement of utilities in the public right-of-way is regulated by the Ti. and Community Deuelopment Code. During the development review process, a city engineer approves plans showing the location of utilities. New development is typically required to place utilities underground unless they are already in exis- tence above ground, or where the action would not be feasible. In certain cases, where undergrounding is not feasible and the utility crosses or is adjacent to a public right-of-way, an in-lieu of fee may be assessed and placed into a fund that is used to move existing utilities underground elsewhere in the City. The City- has also recognized the demand for wireless communication services and adopted regulations for the facilities necessary to provide them. The infra- structure needed to support the services has a visual impact upon the commu- nity and collocation efforts are encouraged by the City to minimize that impact. Collocation is the practice of placing the communication equipment of two or more companies on one structure (wireless tower). KEY FINDINGS • Telecommunications, electricity, and natural gas service are provided to residents and business owners within the City of Tigard by private utili- ties. These private utilities enter into franchise agreements with the Citv as outlined in Chapter 15.06 of the Tigard Community Development Code and pay an annual right-of-way usage fee to the City. As growth and development occurs within the community, the City must 11-18 City of 'Tigard Comprehensive Plan ensure that private utility services are available and coordinate their exten- sion during the development process. • Portland General Electric provides electricity service to Tigard residents. ■ Northwest Natural Gas provides natural gas service to Tigard residents. ■ Verizon and Qwest both provide telecommunication service to the community. ■ Comcast provides cable service and high speed internet to Tigard residents. ■ Applicants for wireless telecommunication facilities are required to demon- strate that all other providers within the City were contacted to evaluate possible collocation efforts in order to try and minimize the visual impact upon the City. GOAL 11.5 Private utilities provide the needed energy and communication services for the community. POLICIES 1. The City shall require that all new development: A. secure the required energy and communication utilities; B. place new utilities underground, when feasible, or pay an in-lieu- of fee when crossing or adjacent to a public right-of-way; and C. provide necessary easements for energy and communication services. 2. The City shall require the placement of existing services under- ground, when feasible, or pay an in-lieu-of fee during redevelopment or street construction. 3. The City shall coordinate with private utilities during installation to minimize public costs to maintain curbs, gutters, streets, and sidewalks. 4. The City shall require the collocation of wireless communication services on existing towers whenever possible. 5. The City shall manage the siting of wireless communication towers to minimize visual impacts on the community. 6. The City shall monitor emerging technologies to effectively manage franchise agreements into the future. Comprehensive Plan Cite of "Tigard 11-19 I' - PUBLIC FACILITIES AND SERVICES RECOMMENDED ACTION MEASURES i. Identify and map areas that are conducive to using in-lieu- of fees for placing utility lines under ground during City projects. ii. Continue implementing no-pavement-cut policies on iden- tified streets. ill. Review and improve the protocol for collocating wireless communication services. iv. Research the feasibility of and survey the community support for a City-owned wireless Internet cloud. 11-20 City of Tigard Comprehensive Plan EXHIBIT-L /a~y/o7 Pi IQi it FAQ iTiEc AND ecwirEc fGF the City. :7.1 GENERA €indiRgS GGFnMUR*ty goals emphasize the desire te maintaiR the high quality of faGilitmes and se-RAGes within the Plans aRd PFOgFam6 need to be developed feF the expansion of uFbaR seFvmGes OR a legiGal aRd eFdeF!!,f GOF RIty R@2d6 FmoFFnatmOR of private utility d;StFiGtS (wateF, seweF) GGuld GFeate land FnaRageFneRt pFeblems within the ran,- iEs :7.1.1 THE CITY SHAT 1 0AND IMPLEMENT A GAPI~T,AL IMPROVEMENTS PROGRAM IN GONjUNCTION WITH WASHINGTON COUNTY AND THE A.PPI-'C-.A.-R'-F-= SERVICE: 'a. PREPARE r~~.v b. WORK WITH THE SERVICE €D SYSTEM FOR PROVIDING SERVICES; CPA2007-00004 City of Tigard 1 Goal 11 6 PROVIDE I IRRAN SERVICES IN ACCORDANCE WITH THE !`OMPRCI-IGAICIVC pl AN TO THE EXTENT OF THE PITY'S FINAAIGIAI RFCOI IRf EC• d USE THE CAPITAI IAADRMMMENTC PROGRAAA AS A MEANS FOR PROVIDING FOR OD-IFDI V GRO\AfrH ANID THE FFFICIEAIT I ICE OF I AND; e DENIED OR A COMPREHENSIVE DI AN WT1-I CONSIDERATION BEING GIVEN TO THE 1 EVEI AAlll CAPACITY OF THE EXISTING SERVICES• AND f ADOPT 1 OG TIONAI GRITEDIA AS THE BASIS FOR MAKING DECISIONS AROI IT THE PROPER 1 OGATION FOR PI IRI IG FAGIl ITIEC 7-4.2 THE I`ITV Cl.Jel 1 REQUIRE ACA PRE CONDITION TO DEVELOPMENT APPROVAL THAT• ~IE\/EIcv~ OPAw~c~~ ~AFNT GOINGIDE WITH THE ANA I1 ASI6ITY OF ADEQUATE CERVIGE w~~wwc WITH ~ i ~ ~-r~cvroc a vcat CAPACITY INIGI ''DING' I PI IRI IG WATER, 2 PI IRI IG S&A/FR SHALL RE REQUIRED FOR NEW DEVELOPMENT WITHIN T14E CITY I-INII ESC THE PROPERTY INVOI VEll IS OVER inn FEET FROM A SEWER LINE AND WASHINGTON GOUNTY HEALTH DEPARTMENT APPROVAL COD a PRIVATE III2POCe1 CYCTFAA IS ORTAIAIEIT AND 2 STORM DRAINAGE b THE FAGII ITIEC ARE: i. GAPeRI F OF ADEQUATELY SERVING AI I IAITERVEAIIAIG PROPERTIES AND THE PROPOSED DENIM OPMENT; AND IIECIGNF1I TO GITY STANDARDS 'DQ`'/~,.~ Q~~G ALL NEW DEVELOPMENT UTILITIES TO RE DI AGED UNDERGROUND. ~QFd. 96-°°7 IMPLEMENTATION STRATEGIES a. The staging of faGilitiers will be baGed eR the availability of fima-nrdal FP-.6-,qwFGe6i b. p c Will be based GA GOnsideratiO..S "f. 4) Health and safety faGtGrr,:,. 2) G06t benefit faGtGFS; and 3 SA6ial -nd eGenwniG Reeds. b. The Gen,,, unity DeuelepmeR• Gede Whi^h Fequires fafare CPA2007-00004 City of Tigard 2 Goal 11 -ate add „ , G4 Pl~ U04 B&MAN-T", MIS ~x~~~E-~p`~+19 Goa] 11 3 CPr~2007-00004 City of Tigard DEVEt1y niPn1'ntl41tcr~r ENT PLAN. }~E~ 7 TuG CITY cHAIT RECOGNIZE A~M_ARRI IMF ITS RFSPONSIR" ITY FOR OPERATING, PLOININa AND I Sli1A/ TAR TR6ATB45_Nli:~MAAIAGGAARNIT "208" PI AN AND RCCGTT O oarACoTC~nr_ ATER. IMDI GMGAITATION ST-W.TF= IGC I -The City VAII on. 7 2^ 1''AA„fAcTr=R CCRVIGE Beth Tigard aRd MqtzgeF Water-~FiGtS have made substa~~~~~~e 0 Oswego, Gitizens of Tigard Gan be assuriedd of a long ter i 6upply 9f high quality-water- Rt'1,-v~rvT THF= CITY OF TlaARC) 914ALL COORDINATE WTH THE IGARD WAXER DISTRICT AN T MGGT CI ITI IR PIGMANDS; AT AI l TI ES-. NOTE: .6 te deve~ IRADI C:RAP__T_A-cTlvAl STDAT=!^_IG mak*Rg its views; knn~Afp aR rna#ef6 pertaining to -water- Fates, tax r annexation6i Gapital see~~~~at are equitable to all water users withiR the A;#y. appears *R the best int.3Fests of the Gi ms te nonseledate thp water d*qtFiGt and City epeFatie~, ifiV~ty~ CPA2007-00004 Goal 11 City of Tigard 4 . ~~~,-wa~#e eP ~~~~-wed acea~ Gfed a~ , xh~ Z4-4- WE A KA- God 11 5 CPA2007-00004 City of Tigard a FIRST, RC GIVEN Tn AREAS HM ING HEW Tu HAZARD RROBI CMS WHICH WILL RC DETERINED Rv nGn• AND h. SECOND, BE GIVEN' T~Q& SHER€ TI..IC COST RCAICCITC ADC THE GREATEST IN TERMS OF NIIIM~ =R OF POTENTIAl CONNECTIONS 7.4.4 THE CITY SHALI REQUIRE THAT NEW DEVEI OPMENT BE CONINIRCTED To AN rnRR~P SANITARY SEWERAGE GE SYSTEM. IMPLEMENTATION STRATEMES The Tigard GOFnFnUR*ty Development Gede Will FeqUiFe that devel derne-nstmate that adequate sanitary sewer n-ellerutin-n and~Gr treatment ;;i'Rhlp ;;t thp t* 'the appliGatmen 06 being mad-e. The Qty may have appFeved OF -i GGMFnitment reviewed priGr to hGGkups to that system. te these aFeas within the City, 5. Where the Sy6tem is not knited, the Gity, thFOugh its own IiRes and in GGGperatmen with may 6. The Gity Wall G09Fdanate Glesely with Washingten Geunty te pFevent the installation of septiG tank leve'6 of B. The purpose Of P014Gy 7.4.4 and related PGI*Gwes is to permit pFe existing develGpment utilizing sePtiG 7.5 POLICE PROTEC;TlQN Findings 6eN;Ge. CPA2007-00004 City of Tigard 6 Goal 11 Drll.--v~vlrcv 7 5 1 THE CITY SHAI I COORDINATE EXPANSION OF POLICE °POT€GTION SERVICE AND cv~r THE yr r r v cc vvc rcc rvc r c r r CACII ITICS WITH THE 0VCDA1 I CDnlArru OF THE C/IMM LAITY 7 .5.2 AS A DART QF THE ONG- 1IAlf`V DEVELOPMENT REVIEW, r rc GIP( THE SHALL rZVVrTw 8 REQUIRE VISIBLE IDENTIFICATION SIGNS TO ASSIST FAWRGENCY VCLIICI CS IAI LOG ING THE AREA OF THE PROBLEM; UTILIZE IICCCAISIRI C SPACE CONGEDTSr • AND G. REQUIRE THE TIGARD POI IGFDEPARTMENT -TO RRII€W DEVGI OPME lT APPLIGATIONS. IMPI-F-WENTATION STRATEGIES a. The Land Division seGfien of the T-egaFd Gemmunity Development Gede; and b. Tr a Site De n Review Ply ned Deaclnnm n4 aRd Gendi#innal Development BeGt;eRs of the area of the pFeblem; L Defensible spaGe ants; and aFea Gan be adequately reFved with poke pFeteGtOOR. GOFFeGtive FneasuFes that would have to be taken by the Qty, P014Ge depaFtFnent OF peFSORS PFO, spFegmms. 7.6 CIAO PROTECTION DwStFw6t-#l- CPA2007-00004 City of Tigard 7 Goal 11 LATE ex ~~~ate1~-~a a Firms , Goa111 S CPA2007-00004 clry of T1gaxd IMPI CAAGAITATION STRATEGIES 1. The Gmty shall WE)* with all pFivate utilities, publiG utHities and etheF pub!!G ageRG"es whiGh W9Fk in publiG Fights of way (e.g., Gity and County publiG WGFks depaFtFneRtS) tO eRsure that eaGh utility is provided with 2 T-hp GOMMURity Development Code shall pFevide f49F the review of sunh f Gilitiers, (e.g., 6ubstations, €s WaRR*Rg AFEc'}: Students On the ReFthweSt GOFneF of :r*gaFd attend the BeaveFten SGheel [)*GtFoGt #48. These i . Families I*V*Rg in T*gaFd with Gh*!dFeR attending BeaveFten SGheels Must pay out of diStFigt fAAS fQ 2. Ma "f the o same familie efte ubS ripe to the Valley Times in eFdor__tO Fee HoStOFOGally, the SGheel distrirt and the Gity of Tigard have GE)GpeFated in the use of faGilities. Beth of the SGheel d;stF*Gts that sewe Tigard are sepaFate taxing d-istr,mr--ts. and- ;-;Fe ROt the responsibility e P01 ICY 7.AT~ 1 THE CITY SHALL WORK CLOSELY WITH THE SCHOOL DIST-RIGTS TO ENSURE THE IMPI EMENTATION CTPATF=G'F=C develepment. CPA2007-00004 City of Tigard 9 Goal 11 the finanGing and maRaging of these fnilitieS. GempreheRSive Plan. 4.. The Gity shall 6uppert edWGatianal and OGGUpatienal tFaining pregFams and, when appropriate, make 6. The City shall eRGOUFage the use of sr.heels as an inteffa i paFt of the Gemmunity by Making joint 7.9- HFAI Tu CERVICES iRdfRg6 1 15 Fn*RuteG- 7,9.1 THE GITV SHALL; ENCOURAGE €€T1N€€N 69GAL, STATE, FEDERAL AND PRIVATE a cr~vwvlv■vNCOU AGE c COOPERATION ICC IN PLANNING AND PROVIDING FOR HEALTH AAlo PCI ATF=D Cf1CIAl CCP\/ICCC• AND PROVIDE THE OPPORTUNITY FOR THE AICCCCCAPV HEALTH CCP\/ICCC TO PC ~cI ■ v Ivco 1 v oc vED WITHIN THE GITV THROUGH TI-IC O\/ICIOAI OF THF= COMMI IAIITV DEVELOPMENT GODE. IMPLEMENTATION STRATF=C;'F=S 4. As paFt of the GemmuRity Development Gede; distriGIs; b. GFeup GaFe faGilities wall be peFFnetted eutFight medium, medium high and high deRsity 74Q LOCAL GOVERNMENT CACTI ITICC FFRdFRgS The owned by the City fQF adm;n.StFatqve OffiGes does not meet the spaGe needs of the CPA2007-00004 City of Tigard 10 Goal 11 PQWGY IMPLEMENTATION STRATEGY • °TT r when r 7 11 1 IR{AADV CC[?VIGES €iRdiRgs R9~IG-l~ ~•-rrr HE CITY ALLr \-vTT ERE EGAlm'rvMICAcLLY FEASIBLE, PROVIDE FOR LIBRARY SERVIGES WHICH ACCT THE USER DEMAND OF ITS RCCIDENTC IMPLEMENTATION STRATEGY 7.12 SOLID WASTE DISPOSAL AND RECYCLING PndiRg6 waste disposed of in landfills Gan be effeGted by FeGyGhng, pwtiGulady thFOugh the use of SeUFGe sepaFation.' The Me#OpOlitan SeFV;Ge ID*stF;rt (MSID) has been designated with thepF*FnaFy Fespensibility of finding a CelleGtOGA Of F-;Q-.lid- Moaste GR the Gety is handled by private firms operating undeF a mutually exGlusive r CPA2007-00004 City of Tigard 11 Goal 11 6a~tapj4a ~ 7.12. 1 TH CITY SHAW RF:COGNIZ-E--q-PZ-D.n5-TROPOi.-ITANI SERVIG-FE DISTRICT'S (MSID) APPROPDIATC ' GLI(11 11 D v~-rwo RFCDGAI E' VERY IAV MDI CMCATAT10N QTAATEG4ES al in TagaFd and Washington GOURty. CPA2007-00004 Goal 11 City of Tigard 12 Exhibit B Agenda Item: Hearing Date: November 5, 2007 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES FILE NO.: Comprehensive Plan Amendment (CPA) CPA2007-00004 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 7: Public Facilities and Services by updating the Goals, Policies, and Recommended Action Measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Topics 1, 2, 3, 4, 7, and 10; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 11, and 14. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds this request to meet the necessary approval . criteria. Therefore, staff recommends APPROVAL to the Tigard City Council to amend the Tigard Comprehensive Plan to replace Topic 7 as determined through the public hearing process. S'I'AI I RE:POR1' 1'O 1'I IE 111 ANNING COMMISSION CPA 2007-00004 STATI-WIDE PLANNING GOAL 11 PAGE 1 OF 19 SECTION M. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,300 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key findings from Tigard 2007, combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Public Facilities and Services (Goal 11). The Planning Commission held a workshop on October 1 to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as striReauts and added text underlined): STAFF REPORT TO THE_ PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 2 OF 19 Section 1: Stormwater Managment The Planning Commission inquired about the intent of Recommended Action Measures i and ii and requested that the mandatory language be removed. The Commission also felt that combining the two statements would make it more useful. i. Adopt t dater natural resource and habitat friendly development standards that utilize incentives for developers to incorporate green concepts into their design. ii. Prev4de ifteenti-ees f,-)r de,,-elape rate green eaneepEg inte theie design. Section 2: Water Supply and Distribution The Planning Commission felt that Policy 1 needed to show a sense of immediacy without including a timeline. The agreed upon solution was to change the Policy to read: 8. The City shall prioritize securing-an interest in a high quality, long-term water supply, which is financially feasible and reliable, to serve the Tigard Water Service Area. The Planning Commission inquired about a fluoridated water supply and requested that a Recommended Action Measure be added to assess the community's attitude on a fluoridated supply. x. Survey the community to gauge their attitude regarding a fluoridated water supply. Section 3: Wastewater Management No changes were requested by the Planning Commission. Section 4: Community Facilities No changes were requested by the Planning Commission. Section 5: Franchise Utilities The Planning Commission discussed the feasibility of a City funded wireless internet system, the need to limit visual impacts of wireless communication towers, and the need to stay informed of emerging technologies to ensure the City is positioned to effectively manage franchise utilities into the future. The Commission asked for the following Policies to be added: 5. The City shall manage the siting of wireless communication towers to minimize visual impacts on the community. 6. The City shall monitor emerging technologies to effectively manage franchise agreements into the future. And the following Recommended Action Measure: iv. Research the feasibility of and survey the community support for a City-owned wireless internet cloud. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 3 OF 19 Additionally, staff recommends a few minor word changes to the proposed amendment since the Planning Commission workshop. These recommendations are based on feedback from the City Council at the public hearing for earlier Comprehensive Plan update amendments. For example, the Council prefers the word inform over educate and require over ensure. For the sake of timeliness, staff feels these changes should be made at the Planning Commission level so the same changes do not continually need to be made at the Council hearings. The following changes are recommended: Section 1: Stormwater Managment 5. The City shall e+tsere require the stormwater management system to comply with all applicable federal, state, and regional regulations and programs. 7. The City shall encourage low impact development practices and green street eaneepts other measures that reduce the amount of and/or treat stormwater runoff at the source. iii. Review and modify the Community Development Code, as needed, to ensure include effective regulations are in plaee to implement the stormwater management goals and policies. vi. Develop partnerships to produce and distribute edtteationa informational materials that outline the benefits of low impact development practices and green street concepts. Section 2: Water Supply and Distribution 11.2 Ensure Secure a reliable, high quality water supply to meet the existing and future needs of the community. 4. T he City shall coordinate with T ualatin Valley Water District to engtit require adequate supply and pressure to meet consumption and fire protection needs for the portion of Tigard served by the District. 9. The City shall encourage water conservation through edueatio" informational programs and maintenance of the system. vi. Continue producing and distributing edueational informational materials related to water supply and conservation. SI'AF17 REPORT' TO T1-IE PLANNING COMMISSION CPA 2007-00004 S'I'A'I'F VME PLANNING G&U,11 PAGE 4 OF 19 Section 3: Wastewater Management 3. The City shall engure require the wastewater management system to comply with all applicable federal, state, and regional regulations and programs. 7. The City shall ettsttre require wastewater fees are to be adequate to fund the operations and maintenance of the system. Section 4: Community Facilities 11.4 ire Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. 6. The City shall en9trre require library services that are accessible to the community and are sufficient to meet user demands. 9. The City shall ewe require the Senior Center is to be accessible and available to serve the needs of the aging population in the community. vi. Work with Tualatin Valley Fire and Rescue to edueate inform the community about the risks of urban interface wildfire. Section 5: Franchise Utilities 11.5 Eriqttre Private utilities provide the needed energy and communication services for the community. Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is part of a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goals 11 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to public facilities and services. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. STAFF REPORT' TO TI-111 PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL. 11 PAGE 5 OF 19 Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 6 OF 19 SECTION IV. SUMMARY OF REPORT Applicable criteria, findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Topics 1, 2, 3, 4, 7, and 10 • Applicable Metro Standards o Title 3 and 13 • Statewide Planning Goals o Goals 1, 2, 5, 6, 11, and 14 City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18~ Chapter 18.380: Zoning Man and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Finder The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures 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. Findings The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in 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. Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00004 STA1T'WIDE PLANNING GOAL 11 PAGE 7 OF 19 CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Topic 1: General Policies Policy 1.1.1: The City shall ensure that: a. This comprehensive plan and all future legislative changes are consistent with the Statewide Planning Goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. Topic 2: Citizen Involvement Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Fines The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the October 18, 2007 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 8 OF 19 questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listserv and to the community volunteers who participated on the policy interest teams. Topic 3: Natural Features and Open Space Policy 3.4.2 The City shall: a. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and controlling erosion, and by requiring that areas of standing trees and natural vegetation along natural drainage course and waterways be maintained to the maximum extent possible; Findings. This policy is satisfied by the proposed amendment through Goal 11.1 and specifically Policies 1, 3, 6, and 7. The policies outline the City's approach to protecting water quality by requiring the stormwater system to comply with adopted plans and standards, promoting techniques to reduce stormwater run-off, and maintaining streams and wetlands in their natural state. By properly managing stormwater, erosion and water quality impacts associated with run- off can be reduced, thus helping to protect fish and wildlife habitat. Goal 11.3 and specifically Policies 1, 2, 3, and 5 also protect fish and wildlife habitat by protecting water quality. The policies outline the City's commitment to effectively managing a wastewater system that meets all adopted plans, standards, and regulations to minimize habitat impacts associated with wastewater. Topic 4: Air, Water, and Land Resources Quality Policy 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. (Rev. Ord. 02-15) Findings: This policy is satisfied by the proposed amendment through Goal 11.1 and specifically Policies 1, 2, and 3. Policy 1 requires all new development to meet or exceed federal, state, or regional standards for water quality and flood protection. Policy 2 states the City's commitment to working with Clean Water Services, and Policy 3 states the City's commitment to following applicable regulations, which includes the Clean Water Services Design and Construction Manual. STAFF REPORT TO TH73 PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL. 11 PAGE 9 OF 19 4.2.2 The City shall recognize and assume its responsibility for operating, planning, and regulating wastewater systems as designated in Metro's waste treatment management component. (Rev. Ord. 02-15) Fps: This policy is satisfied by the proposed amendment through Goal 11.3 and specifically Policies 2 and 3. Policy 2 states the City's commitment to continue collaborating with Clean Water Services in the planning, operation, and maintenance of the wastewater system. Policy 3 requires the City to comply with applicable regulations and programs, which includes mandates by Metro. Topic 7: Public Facilities and Services Policy 7.1.1 The City shall: a. Prepare and implement a Capital Im)provements Program in conjunction with Washington County and the applicable service districts; b. Work with the service districts to provide a coordinated system for providing services; c. Provide urban services in accordance with the Comprehensive Plan to the extent of the City's financial resources; d. Use the Capital Improvement Program as a means for providing for orderly growth and the efficient use of land; e. Develop a Comprehensive Plan with consideration being given to the level and capacity of the existing services; and f. Adopt locational criteria as the basis for making decisions about the proper location for public facilities. Policy 7.1.2 The City shall require as a pre-condition to development approval that: a. Development coincide with the availability of adequate serve capacity including: 1. Public water; 2. Public sewer shall be required for new development within the City unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to City standards c. All new development utilities placed underground. Policy 7.2.1 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT THAT: a. A SITE DEVELOPMENT STUDY BE SUBMITTED FOR DEVELOPMENT IN AREAS SUBJECT TO POOR DRAINAGE, GROUND INSTABILITY OR FLOODING WHICH SHOWS THAT THE DEVELOPMENT IS SAFE AND WILL NOT CREATE ADVERSE OFF-SITE IMPACTS: b. NATURAL DRAINAGE WAYS BE MAINTAINED UNLESS SUBMITTED STUDIES SHOW THAT ALTERNATIVE DRAINAGE SOLUTIONS CAN SOLVE ON-SITE DRAINAGE PROBLEMS AND WILL ENSURE NO ADVERSE OFF-SITE IMPACTS; C. ALL DRAINAGE CAN BE HANDLED ON-SITE OR THERE IS AN ALTERNATIVE SOLUTION WHICH WILL NOT INCREASE THE OFF-SITE IMPACT; d. THE 100-YEAR FLOODPLAIN ELEVATION AS ESTABLISHED BY THE 1981 FLOOD INSURANCE STUDY CONDUCTED BY THE U.S. ARMY CORPS OF ENGINEERS BE PROTECTED; AND e. EROSION CONTROL TECHNIQUES BE INCLUDED AS A PART OF THE SITE DEVELOPMENT PLAN. SFAIT REPORT TO'I"I-IE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL, 11 PAGE 10 Or 19 Policy 7.2.2 THE CITY SHALL: a. INCLUDE IN ITS CAPITAL IMPROVEMENTS PROGRAM, PLANS FOR SOLVING DRAINAGE PROBLEMS IN THE EXISTING DEVELOPED AREAS; b. RECOGNIZE AND ASSUME ITS RESPONSIBILITY FOR OPERATING, PLANNING AND REGULATING WASTEWATER SYSTEMS AS DESIGNATED IN THE MSD WASTEWATER TREATMENT MANAGEMENT "208" PLAN; AND C. APPLY ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS WITH RESPECT TO WASTEWATER. Policy 7.3.1 THE CITY OF TIGARD SHALL COORDINATE WITH THE TIGARD WATER DISTRICT AND THE METZGER WATER DISTRICT TO PROVIDE A HIGH STANDARD OF WATER SERVICE TO MEET FUTURE DEMANDS AT ALL TIMES. Policy 7.4.1 THE CITY SHALL: a. DEVELOP A COMPREHENSIVE SEWER PLAN THAT IDENTIFIES THE PRESENT AND FUTURE CAPACITY NEEDS FOR A SEWAGE SYSTEM IN THE PLANNING AREA, AND PROBABLE ROUTES OF FUTURE TRUNKLINES; b. REQUIRE THAT FUTURE EXTENSIONS OF COLLECTOR SEWER LINES SHALL BE CONSISTENT WITH ALL CITY ORDINANCES AND AGREEMENTS BETWEEN THE CITY OF TIGARD, WASHINGTON COUNTY AND THE UNIFIED SEWERAGE AGENCY (USA); AND C. ADOPT A CLEAR AND CONCISE AGREEMENT WITH USA, IMPLEMENTING THE CITY'S POLICIES FOR EXTENDING THE AVAILABILITY OF SEWER SERVICES AND ENCOURAGING THE PHASING OUT OF SEPTIC TANKS. Policy 7.4.2 THE CITY SHALL REQUIRE THAT AREAS DETERMINED BY THE WASHINGTON COUNTY HEALTH DEPARTMENT OR THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY TO HAVE FAILING SEPTIC SYSTEMS SHALL BE CONNECTED TO THE PUBLIC SEWER SYSTEM. Policy 7.4.3 IN THE DEVELOPMENT OF NEW SEWER SYSTEMS, PRIORITY SHALL: a. FIRST, BE GIVEN TO AREAS HAVING HEALTH HAZARD PROBLEMS WHICH WILL BE DETERMINED BY DEQ; AND b. SECOND, BE GIVEN TO AREAS WHERE THE COST-BENEFITS ARE THE GREATEST IN TERMS OF NUMBER OF POTENTIAL CONNECTIONS. Policy 7.4.4 THE CITY SHALL REQUIRE THAT ALL NEW DEVELOPMENT BE CONNECTED TO AN APPROVED SANITARY SEWERAGE SYSTEM. Policy 7.5.1 THE CITY SHALL COORDINATE EXPANSION OF POLICE PROTECTION, SERVICE AND FACILITIES WITH THE OVERALL GROWTH OF THE COMMUNITY. Policy 7.5.2 AS A PART OF THE ONGOING DEVELOPMENT REVIEW, THE CITY SHALL: a. REQUIRE VISIBLE IDENTIFICATION SIGNS TO ASSIST EMERGENCY VEHICLES IN LOCATING THE AREA OF THE PROBLEM; b. UTILIZE DEFENSIBLE SPACE CONCEPTS; AND C. REQUIRE THE TIGARD POLICE DEPARTMENT TO REVIEW DEVELOPMENT APPLICATIONS. Policy 7.6.1 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT THAT: a. THE DEVELOPMENT BE SERVED BY A WATER SYSTEM HAVING ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPOSES; b. THE DEVELOPMENT SHALL NOT REDUCE THE WATER PRESSURE IN THE AREA BELOW A LEVEL ADEQUATE FOR FIRE PROTECTION PURPOSES; AND C. THE APPLICABLE FIRE DISTRICT REVIEW ALL APPLICATIONS. Sl'AI'F REPORT TO THE PLANNING COMMISSION CPA 2007-00004 S'I'A'IEWIDE PLANNING GOAL. 11 PAGE 11 OF 19 Policy 7.7.1 COMMUNITY LAND USE PLANNING SHALL BE COORDINATED WITH PRIVATE UTILITY AGENCIES TO ENSURE THE AVAILABILITY OF SERVICES WHEN NEEDED. Policy 7.8.1 THE CITY SHALL WORK CLOSELY WITH THE SCHOOL DISTRICTS TO ENSURE THE MAXIMUM COMMUNITY USE OF [THE] SCHOOL FACILITIES FOR TIGARD RESIDENTS THROUGH LOCATIONAL CRITERIA AND THE PROVISIONS OF URBAN SERVICES. Policy 7.9.1 THE CITY SHALL: a. ENCOURAGE COOPERATION BETWEEN LOCAL, STATE, FEDERAL AND PRIVATE AGENCIES IN PLANNING AND PROVIDING FOR HEALTH AND RELATED SOCIAL SERVICES; AND b. PROVIDE THE OPPORTUNITY FOR THE NECESSARY HEALTH SERVICES TO BE PROVIDED WITHIN THE CITY THROUGH THE PROVISION OF THE COMMUNITY DEVELOPMENT CODE. Policy 7.10.1 LOCAL GOVERNMENT ADMINISTRATION FACILITIES SHOULD REMAIN CENTRALIZED IN THE CENTRAL BUSINESS DISTRICT. Policy 7.11.1 THE CITY SHALL, WHERE ECONOMICALLY FEASIBLE, PROVIDE FOR LIBRARY SERVICES WHICH MEET THE USER DEMAND OF ITS RESIDENTS. Policy 7.12.1 THE CITY SHALL RECOGNIZE THE METROPOLITAN SERVICE DISTRICT'S (MSD) RESPONSIBILITY AND AUTHORITY TO PREPARE AND IMPLEMENT A SOLID WASTE MANAGEMENT PLAN, AND WILL PARTICIPATE IN THESE PROCEDURES AS APPROPRIATE. Policy 7.12.2 THE CITY SHALL PROVIDE THE OPPORTUNITY TO ESTABLISH A PERMANENT, FULL-LINE RECYCLING CENTER THROUGH THE PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE. THE LOCATION SHOULD BE NEAR THE CENTER OF THE COMMUNITY AND SHOULD BE OPEN EVERY DAY. Fps: Current Comprehensive Plan Policies 7.1.1, 7.1.2, 7.2.1, 7.2.2, 7.3.1, 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.5.1, 7.5.2, 7.6.1, 7.7.1, 7.8.1, 7.9.1, 7.10.1, 7.11.1, 7.12.1, and 7.12.2 will be deleted and replaced in their entirety by proposed amendment Goals 11.1, 11.2, 11.3, 11.4, and 11.5 and their associated Policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 11 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a October 1, 2007 workshop. Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; STAFF REPORT TO'I'I-IE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 12 OF 19 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE; AND 6. FIRE PROTECTION. Fines This policy is satisfied by the proposed amendment through Goal 11.1 Policy 1; Goal 11.2 Policy 2; Goal 11.3 Policy 1; and Goal 11.4 Policy 4. The policies outline the City's commitment to requiring new development to comply with plans and regulations that ensure the stormwater, wastewater, and drinking water infrastructure and capacity is available. This is accomplished through planning and implementation efforts that new development must follow. Goal 11.4 Policy 4 covers the requirement that new development must require adequate police and fire protection. This is accomplished through review of proposed land use plans by public safety providers. Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY (USA) LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY; OR C. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. Finding,s: This policy is satisfied by the proposed amendment through Goal 11.3 Policies 3 and 5. The policies outline the City's commitment to requiring annexation before providing City wastewater services and requiring the wastewater system to comply with regulations and programs that include declarations of a health hazard by State or County health agencies. Policy 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. Findings This policy is satisfied by the proposed amendment through Goal 11.3 Policies 2 and 3. The City works in partnership with Clean Water Services to plan and operate the wastewater system within the City of Tigard and also for the region. The adopted plans include build-out projections that outline the capacity of the appropriate infrastructure needed to maintain compliance with Clean Water Act permits. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated with flooding. STAFF RI3PORT TO THE PLANNING COMMISSION CPA 2007-00004 STAITWIDE PLANNING GOAL 11 PAGE 13 OF 19 Fps. 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 Clean Water Services (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and address the Clean Water Act and Endangered Species Act (ESA). The proposed amendment, specifically Goal 11.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. Policies 1, 2, and 3 provide clear direction that water quality is an important component of the community and the City will continue in collaboration on managing stormwater to meet water quality standards. The policies also outline the City's commitment to requiring new development and the entire system to meet or exceed federal, state, and regional standards for water quality as well as implement adopted plans. The remaining policies outline additional strategies the City will employ to improve the community's water quality and limit pollution from stormwater run-off. Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods - conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their 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. Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used 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 Habitat 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, specifically Goal 11.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 13 requirements and standards. Policies 1, 2, and 3 provide clear direction that water quality is an important component of the community and the City will continue in partnership with other jurisdictions to ensure water quality standards are being met and programs being implemented. Water quality is directly linked to protecting fish and wildlife habitat that depend upon streams, rivers, and wetlands. The remaining policies outline additional strategies the City will employ to improve the community's water quality and limit pollution from stormwater run-off. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 14 OF 19 THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 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. Fns: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the October 18, 2007 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Fines The proposed amendment to the Tigard Comprehensive Plan is 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. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal S - Natural Resources This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. STAFF REPORT" TO THE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 15 OF 19 Fps: The proposed amendment is consistent with this goal as the proposed changes direct the City to protect water quality and function that can lead to improved habitat conditions. This policy direction is an enhancement to Goal 5 protections already in place in the community. Proposed Goal 11.1 and its associated policies (see Exhibit A), provide clear direction that water quality is an important component of the community and the City will continue in partnership with other jurisdictions to ensure water quality standards are being met and programs being implemented. These policies aim to minimize erosion, limit stormwater run-off impacts, inform the public about personal actions that cause water quality problems, and allow the natural function of riparian systems. All of these policies have the ability to improve water quality in the community and thus improve riparian and aquatic habitats. Statewide Planning Goal 6: Air, Water, and Land Resources Quality To maintain and improve the quality of the air, water, and land resources of the state. Fps: The proposed amendment is consistent with this goal as the proposed changes direct the City to manage public facilities to protect water quality and function. Proposed Goal 11.1 and its associated policies (see Exhibit A), provide clear direction that water quality is an important component of the community and the City will continue in partnership with other jurisdictions to ensure water quality standards are being met and programs being implemented. These policies aim to minimize erosion, limit stormwater run-off impacts, inform the public about personal actions that cause water quality problems, and allow the natural function of riparian systems. All of these policies have the ability to improve water quality in the community. Statewide Planning Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: Current Comprehensive Plan Policies relating to Statewide Planning Goal 11 will be deleted and replaced in their entirety by proposed amendment Goals 11.1, 11.2, 11.3, 11.4, and 11.5 and their associated Policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 11 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at an October 1, 2007 workshop. Statewide Planning Goal 14: Utbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. S'1'AI,'FRFPORI'1'0'174F PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 16 OF 19 CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Engineering Division, Current Planning Division, Library Department, Administrative Department, Financial and Information Technology Departments, Public Works Department, and Police Department has had an opportunity to review this proposal and did not respond. CONCLUSION: Based on no response from City staff, staff finds the proposed amendment does not interfere with the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: Beaverton School District City of Durham City of Beaverton City of King City City of Lake Oswego City of Portland City of Tualatin Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Environmental Quality Oregon Department of Fish and Wildlife Oregon Department of Transportation, Region 1, District 2A Oregon Public Utilities Commission Tigard-Tualatin School District 23J TriMet Transit Development Tualatin Valley Fire & Rescue The Tualatin Valley Water District had an opportunity to review this proposal and have no objections. The Oregon Department of Land Conservation and Development (see Exhibit B) had an opportunity to review this proposal and offered the following comments: Chapter 7 references multiple documents (for example, the Public Facilities Plan, Stormwater Management Plan, TVWD Water Master Plan/Management Plan, etc.). It would be helpful if the dates of these documents could be listed so that it is clear which version of these documents were used in the creation of this update of the comprehensive plan and if they have been adopted by ordinance. Findings_ Staff has added dates to the following document titles: Public Facility Plan (1991), CWIS STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00004 STATE7WIDI' PLANNING GOAL 11 PAGE 17 OF 19 Stormwater Management Plan (2006), Fanno Creek Watershed Management Plan (1997), CWS Design and Construction Standards (2007), TVWD Water Master Plan/Management Plan (2007), Water Distribution Hydraulic Study (2000) CWS Collection System Master Plan Update (2000). The Recommended Action Measure i. listed under Goal 11.1 is confusing for us. Please clarify what, "beyond voluntary" means. Fines The proposed amendment has been edited since DLCD review and now reads: i. Adopt tnandato natural resource and habitat friendly development standards that utilize incentives for developers to incorporate green concepts into their design. Their request has been satisfied and no further changes are recommended. In Section 2: Water Supply and Distribution, Key Findings, it states that "The Water Demand Forecast Report (2006) projects population growth from 12,053 to 17,725 persons in the Tigard Water Service Area. Is this consistent with the coordinated population forecast for the City for planning purposes? Findings: The referenced population projection addresses the Tigard Water Service Area, which is not coincidental with Tigard city limits. The projection is not consistent with a coordinated population forecast for land use planning purposes and for the sake of eliminating confusion; staff recommends the removal of the projections from the Key Findings. The removal would not affect the policy direction of the proposed amendment. ■ The Water Demand Forecast Report (2006) projects persons future annual water demand could range from 2.732 to 3,229 million gallons in the Tigard Water Service Area. Futttre annual water demand eetild range ffatn 2,732 to 3,229 mifiian gaRe In the Recommended Action Measures for Goal 11.4, the City recommends "Review and revise the Community Development Code to limit or remove barriers to constructing new schools and fire stations. Does the current Development Code prevent schools or fire stations? Shouldn't these facilities have the same development standards as other development? Fps: The current Development Code does not prevent schools or fire stations. They are either permitted outright or conditionally permitted in some, but not all, zoning districts. These facilities should have the same development standards and the intention of the language was to remove locational barriers and not all development standards. Facility location is an important attribute for public safety providers to consider when striving to meet response-time targets. Staff recommends the following change to the language: ii.i. Review and revise the Community Development Code to identify locational liinit or remove barriers to constructing new schools and fire stations. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 18 OF 19 Clean Water Services (see Exhibit C) had an opportunity to review this proposal and offered the following comments: We recommend following the relevant provisions of the current Intergovernmental Agreement (IGA) between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. Fps: Although the proposed amendment does not directly reference the documents, Policy 2 and 3 under Goal 11.3 and Policies 2 and 3 under Goal 11.1 state the City's commitment to requiring compliance with the Design and Construction Standards. Additionally, the policies state +1 the City's commitment to collaborating in the management of stormwater and wastewater systems and programs, which are outlined in the IGA. References to the Design and Construction are more appropriate in the Community Development Code and have been adopted into the Code. Therefore, staff recommends no changes to the policy language at this time. CONCLUSION: Based on the analysis above, staff finds that the comments and subsequent edits to the proposed amendment are in the best interest of the City and recommends inclusion of the changes in the language of this proposal. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT COMMENTS EXHIBIT C: CLEAN WATER SERVICES COMMENTS October 29, 2007 PREPARED BY: Darren Wyss DATE Associate Planner October 29, 2007 APPROVED BY: Ron Bunch DATE Planning Manager STr1FF ItI PORT T'O T1 IE PLANNING COMMISSION CPA 2007-00004 STATEWIDE PLANNING GOAL 11 PAGE 19 OF 19 Exhibit C CITY OF TIGARD PLANNING COMMISSION Meeting Minutes November 5, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, and Walsh Commissioners Absent: Commissioners Muldoon and Vermilyea Staff Present: Darren Wyss, Associate Planner; Jerree Lewis, Planning Commission Secretary; Doreen Laughlin, Administrative Specialist 11 3. COMMUNICATIONS The next meeting will be held November 191b. There is a public hearing and a workshop on the Citizen Involvement section of the Comp Plan scheduled for that night. Commissioner Caffall reported that the Committee for Citizen Involvement would be meeting with the Planning Commission in the near future. Commissioner Walsh advised that the Tree Board received a lot of feedback on their packet and they will be meeting Wednesday night. They're pushing to complete their project and come back to the Planning Commission. 4. APPROVE MEETING MINUTES Motion by Commissioner Doherty, seconded by Commissioner Caffall, to approve the October 15, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Walsh NAYS: None ABSTENTIONS: None EXCUSED: Muldoon, Vermilyea 5. PUBLIC HEARING PLANNING COMMISSION MEETING MINUTES- November 5, 2007 - Page 1 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00004 - TIGARD COMPREHENSIVE PLAN UPDATE OF STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES REQUEST: Amendments to the current Comprehensive Plan Topics 7: Public Facilities and Services by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://Nvww.tigard-or.gov/code- amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380,18.390; Comprehensive Plan Policies 1, 2, 3, 4, 7, & 10; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 11 and 14. STAFF REPORT Darren Wyss presented the staff report on behalf of the City. He advised that the Commission would be recommending the goals, policies, and recommended action measures pertaining to Statewide Land Use Planning Goal 11: Public Facilities and Services to City Council. The language included in the amendment complies with the applicable state land use goals, the City's Municipal Code and Comprehensive Plan policies, as well as federal, state, and regional plans and regulations. The Commission held a workshop on October 1, 2007 to review draft language. A very thorough analysis resulted in the request for a few changes to be made before bringing the CPA back for the public hearing. These changes included: Section 1: Stormwater Management Combine recommended Action Measures i. and ii. and remove the word "mandatory." Section 2: Water Supply and Distribution Add "prioritize" to Policy 1. Add a recommended Action Measure to ask the community's attitude about fluoridated water. Section 3: Wastewater Management No changes requested. Section 4: Community Facilities No changes requested. Section 5: Franchise Utilities Add two policies to address siting of wireless towers to minimize visual impact and to monitor emerging technologies to be prepared to plan for and manage franchise utilities in the future. Also, add a recommended Action Measure to research the feasibility and survey the community about a City-owned wireless internet cloud. PLANNING COMMISSION MEETING MINUTES -November 5, 2007 - Page 2 Staff recommends a few minor word changes based on another CPA that has gone before the City Council. Council feedback indicated their preference for the word "require" over "ensure," "inform" over "educate," and to not single out green concepts, but keep the wording as other measures. These changes are found in the staff report. Staff recommends that the Planning Commission forward a recommendation of approval of the proposed language to Council for their review and approval. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Motion by Commissioner Doherty, seconded by Commissioner Hasman, to forward a recommendation of approval to City Council of application CPA 2007-00004 and adoption of the findings contained in the staff report, based on the testimony received which was heard earlier. The motion was approved as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Walsh NAYS: None ABSTENTIONS: None EXCUSED: Muldoon, Vermilyea 6. OTHER BUSINESS Doreen Laughlin was introduced to the Commission. She will be assuming the duties of the Planning Commission Secretary. 7. ADJOURNMENT The meeting adjourned at 7:15 p.m. Jerree Lewis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - November 5, 2007 - Page 3 Exhibit D MEMORANDUM TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Workshop - CPA2007-00004 DATE: November 6, 2007 At the November 20th City Council meeting, staff will present the proposed goals, policies, and recommended action measures (see the end of this memo for definitions and obligations) for the Public Facilities and Services (Statewide Planning Goal 11) chapter for the updated Comprehensive Plan. The proposed language was approved and recommended by the Planning Commission at a November 5th public hearing. Staff will discuss the proposed language; answer questions, and provide any requested information that will help assist Council in making its decision at the December public hearing. Throughout the process of working with citizens, city departments, and the Planning Commission, staff has stressed that proposed Comprehensive Plan language must be capable of being implemented and in the interests of the whole community. Staff has worked closely with citizen stakeholders to explain the implications of certain policy recommendations. Most of the time, the process has achieved a consensus outcome. In staffs role as facilitators, we presented the best professional advice possible to all involved. Sometimes this professional advice was contrary to the wishes of the citizens, but staff has not unilaterally changed or removed citizen recommendations. Rather, whether or not to amend citizen recommendations is the role of the Planning Commission to recommend and the City Council to decide upon. The Planning Commission, at a worksession, requested a few minor changes be made before Exhibit D CPA2007-00004 Memo to Council 1 Nov 6, 2007 bringing the amendment back for public hearing. These requested changes are found below. No further changes were made to the Public Facilities and Services chapter at the public hearing and the language was approved as presented. Section 1: Stormwater Managment The Planning Commission inquired about the intent of Recommended Action Measures i and ii and requested that the mandatory language be removed. The Commission also felt that combining the two statements would make it more useful. i. Adopt mandatary natural resource and habitat friendly development standards that utilize incentives for developers to incorporate green concepts into their design. ii. Provide ineentiveg fail develepers to ineoTorate green eaneepts into their- design. Section 2: Water Supply and Distribution The Planning Commission felt that Policy 1 needed to show a sense of immediacy without including a timeline. The agreed upon solution was to change the Policy to read: 1. The City shall prioritize securing-an interest in a high quality, long-term water supply, which is financially feasible and reliable, to serve the Tigard Water Service Area. The Planning Commission inquired about a fluoridated water supply and requested that a Recommended Action Measure be added to assess the community's attitude on a fluoridated supply. x. Survey the community to gauge their attitude regarding a fluoridated water supply. Section 3: Wastewater Management No changes were requested by the Planning Commission. Section 4: Community Facilities No changes were requested by the Planning Commission. Section 5: Franchise Utilities The Planning Commission discussed the feasibility of a City funded wireless internet system, the need to limit visual impacts of wireless communication towers, and the need to stay F-xhibit D CPA2007-00004 Memo to Council 2 Nov G, 2007 informed of emerging technologies to ensure the City is positioned to effectively manage franchise utilities into the future. The Commission asked for the following Policies to be added: 5. The City shall manage the siting of wireless communication towers to minimize visual impacts on the community. 6. The Cite shall monitor emerging technologies to effectively manage franchise agreements into the future. -a And the following Recommended Action Measure: iv. Research the feasibility of and survey the community support for a City-owned wireless internet cloud. By adopting the language in the amendment, the City will take a step towards achieving the community's vision for a future where essential public facilities and services are readily available to serve the needs of the community; recognizing the importance of not only planning for and funding the facilities, but ensuring their continued maintenance; requiring new development to pay their fair share for the facilities and services; the public library, senior center, public safety, and public schools are especially considered vital components of a high quality, livable community; and expected population growth in the region will place increased pressure on existing public facilities and services. Exhibit D CPA2007-00004 Memo to Council 3 Nov G, 2007 Definitions and Obligations of Goals, Policies, and Recommended Action Measures Tigard Comprehensive Plan Comprehensive plan goals, policies, and recommended action measures have different definitions and impart different obligations to decision makers. They also relate differently to one another. The following describes goals, policies, and recommended action measures in greater detail. Goals, policies and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard which, if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. l xhibit D CPA2007-00004 Memo to Council 4 Nov 6, 2007 These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. Exhibit D CPA2007-00004 Memo to Council 5 Nov 6, 2007 1 EXHIBIT Darren Wyss l~ From: Darren Wyss Sent: Tuesday, December 04, 2007 11:31 AM To: 'Gretchen Buehner'; Councilmail Councilmail Cc: Ron Bunch; Craig Prosser; Cathy Wheatley Subject: 'RE: comp plan - public facilities Attachments: 12-4-07 CC Hearing CPA2007-00002 Exhibit A.pdf This message is in response to a couple of questions from Councilor Buehner. Councilor Buehner, Sorry for the delayed response to your questions. I was out of the office yesterday. Below is the information that you requested: 1. The Planning Commission was discussing mandatory habitat-friendly development standards language that was contained in a Recommended Action Measure. The Commissioners were uncomfortable with the word mandatory and this is when the issue of pervious pavement and CWS credits came up. The Policy Interest Team had written the word mandatory into the language as we currently have voluntary standards that were adopted in December 2006 as a result of the Goal 5 work completed by the Tualatin Basin Partners for Natural Places and the PIT was interested in going beyond voluntary. The word mandatory was eventually removed by the Planning Commission. Again, this language is contained in a Recommended Action Measure, whereas Policy 7 under Goal 11.1 says the City will encourage these practices. None of the language identifies which standards or what, if any, incentives would be looked at or used, thus Staff is comfortable with the language and recommends it remain. Staff advised the Planning Commission that the issue of pervious pavement and CWS credits would need to be one of the issues re-visited before any changes to the City standards were adopted or incentives provided. This would be the next step after the adoption of updated Comp Plan language and would include a thorough review with CWS and the community, as well as direction from the Planning Commission and City Council. 2. One of the Commissioners asked the City's position on fluoridating the water supply. This question was based on a dentist being able to tell that this Commissioner grew up with fluoridated water based on the Commissioner's age and exceptional health of the teeth. Staff responded that the City currently receives a small portion of fluoridated water from the Joint Water Commission through a joint connection with Beaverton during periods of high water demand. This was the only information that Staff, could, provide on the issue. The Planning Commission decided that it would be interesting to see what the community's attitude would be on the issue and added a Recommended Action Measure to survey the community. There are many variablesthat would need to be taken into consideration before any action on fluoridation ever took place, but Staff has no issue with simply asking the question and recommends leaving the language. Regarding the Hazards chapter, the language has not been revised since the workshop as the Council must take action during a public hearing. The updated chapter and the language to be deleted are attached. Hope this adequately answers your questions. See you this evening. Darren Wyss Associate Planner/GIS Long Range Planning Division City of Tigard 503-718-2442 1 -----Original Message----- From: Gretchen Buehner [mailto:gebuehner@yahoo.com) Sent: Saturday, December 01, 2007 3:28 PM To: Darren Wyss Subject: comp plan - public facilities Darren: While reviewing the minutes from the Planning Commission workshop on Oct.1, I noted two issues not addressed in the draft previously provided to Council 1. (top page 6 of minutes) question if city require use pervious asphalt CWS not give credit; should there be a deduction to keep costs the same. Staff said would review. Could you please advise on this issue for Council? 2. (3rd bullet from bottom on page 6) Fluoridation issue. Please advise. Thanks for your assistance in preparing for this chapter. Also re hazards chapter: will we get a revised document before Tuesday night for review? Thanks for your outstanding work on the comp plan. Gretchen Buehner Never miss a thing. Make Yahoo your home page. http://www.vahoo.com/r/hs AGRICULTURAL LANDS 0 regon Statewide Planning Goal 3: Agricultural Lands, requires local governments to "preserve and maintain agricultural lands." Goal 3 states that only land that lies outside Urban Growth Boundaries can be classified as agricultural. This directs counties to identify, preserve, and maintain lands for farm use, consistent with existing and future needs for agricultural products, forest and open space and with the state's agricultural land use policy expressed in the Oregon Revised Statues. The City of Tigard, which is located entirely within an Urban Growth Boundary, therefore contains no agricultural land according to the definition of Statewide Planning Goal 3. However, the City of Tigard supports the efficient use of urban land within its city limits to help preserve designated farm lands in rural areas. By encouraging compact growth within the city, Tigard can help to slow urban expansion into rural areas. Chapter 14, Urbanization, discusses appropriate and timely urban expansion. 3-1 City of Tigard Comprehensive Plan FOREST LANDS 0 regon Statewide Planning Goal 4: Forest Lands, requires local governments to "to conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture." Land is considered forest land only if it was acknowledged as such when Goal 4 was adopted. The City of Tigard has not identified any forest lands within its city limits, therefore contains no commercial forestry land. For this reason, the City of Tigard has not adopted any goals or policies related to commer- cial forestry. However, the City of Tigard recognizes the importance of the management and preservation of urban trees and has adopted goals and policies pertaining to trees (see Chapter 2: Land Use and Chapter 5: Natural Resources). 4-1 City of Tigard Comprehensive Plan