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City Council Packet - 08/26/2008 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 e , TIGARD CITY COUNCIL MEETING August 26, 2008 COUNCIL MEETING WILL BE TELEVISED I:\0fs\Donna's\Ccpkt3 Phone: 503.639.4171 . Fax: 503.684.7297 , . www.tigard-or.gov . TTY Relay: 503.684.2772 City 0 Tigard (Revised 8/20/08 to add Executive Session topic: Pending Litigation) (Revised 8/22/08 to add Amendment to Resolution No. 08-06, the Resolution of r Necessity for Burnham Street and Ash Avenue Improvements, Item No. 4) ' Tigard Business Meeting - Agenda i --.-v.^. ^""".~'""..5.:.:,~..:T.~".....a ~1°t.«;,:~`".' _ r »-,.-..•-c..c_;4..,...-,-~u:V..»s~.~.~.,. 4-.n.«: ........'^x ,:x:~""+FT~"M TIGARD CITY COUNCIL, & LOCAL CONTRACT REVIEW BOARD (LCRB. . MEETING DATE: August 26, 2008 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Tunes noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. 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 call503-639-4171, 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). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m Sunday 11:45 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB- August 26, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 5 City of Tigard Tigard Business Meeting - Agenda f~.:...._ _ _ ,._~_..E'~ c..`.S.s .sue,. s~.,a~'.._:a s'4:w..-» ~`^.s._'~'3[:x?`."•?"sTFS:"`v.:~kL.t'is:._ rtz;`..e,."5.:.:..""`.;. _s........>.>~'?::.;-::Z...-_..._,._.... ~:a,~. TIGARD CITY COUNCIL, LOCAL CONTRACT' REVIEW BOARD (LCRB) MEE TINGDATE /TIME: August 26, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION • Discuss Whether to Participate in the Oregon 150 Celebration • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) and (h) to discuss real property transaction negotiations and for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 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 7:35 PM 2. CITIZEN COMMUMCATION (Two Minutes or Less, Please) • Gtizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication 7:40 PM 3. CONSENT AGENDA (Tigvd Qty Camel, L oral Carrtract Red-ewBcanl & City Carer Dere! nvr Age xq These item are cansi kmi to be rot&m aril mry le emoted in ors mxiorc wAm separate disaussion A nyom nuy nq uest that an item be mwzai by mxron for discussion and separate action Main ta 3.1 Approve City Council Minutes for June 17 and 24, 2008 3.2 Approve Intergovernmental Agreement Between the Gty of Tigard and the State of Oregon Department of Transportation for Installation of a Signalized Crosswalk on Hall Boulevard TIGARD CITY COUNCIL/LCRB- August 26, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 2 of S 3.3 Approve Intergovernmental Agreement with Clean Water Services to Develop a Private Water Quality Facility Management Plan 3.4 Name the Tigard Library Park Shelter as the "Muhammad.Saili Memorial Shelter" and Planting a Tree in the General Vicinity of the Shelter in Honor of Drs. H. Achmad Amins, Mayor of Samarinda, Indonesia 3.5 Local Contract Review Board: a. Award Contract to Murray, Smith & Associates, Inc. for the Design and Construction Management of. the 10-Million Gallon Reservoir Site Improvements Including a Pump Station and Reservoir Seismic Evaluation/Upgrades b. Award Contract to Water Truck Service, Inc. for Street Sweeping Services and Authorize the City Manager to Execute the Contract • Concern A la - Item Reumed far S01rate Discussion These item aye cnnsidexel to le mtaar and mry le eructed in one notion uithacrt separate discussion A nyrr nny myuest dw an item be nywzed by nawnz for c uawien ayrl separate anion 7:45 PM 4. AMENDMENT TO RESOLUTION NO. 08-06, THE RESOLUTION OF NECESSITY FOR BURNHAM STREET AND ASH AVENUE IMPROVEMENTS a. Staff Report: Community Development Department b. Council Discussion C. Council Consideration: Resolution No. 08- 7:55 PM 5. QUASI-JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT (CPA) 2008- 00004/ZONE CHANGE (ZON) 2008-00001- JIVANJEE ZONE CHANGE REQUEST: The applicant is requesting approval for a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for two lots totaling 1.18 acres from Medium-Density Residential (R 12) to General-Commercial (CG). LOCATION: 11580 and 11600 SW Hall Boulevard; Washington County Tax Assessor's Map 1S135DD, Tax Lots 100 and 1600. The site is bounded by SW Hall Blvd. on the west, Hwy. 217 on the east, property zoned CG on the south, and property zoned GP on the north. CURRENT ZONING: R 12: Medium-Density Residential District. The R 12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. Amide range of civic and institutional uses are also permitted conditionally. CURRENT COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. PROPOSED ZONING: CG: General Commercial District. The CG zoning district is designed to accommodate a full range of retail, office and civic uses with a City--wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. TIGARD CITY COUNCIL/LCRB- August 26, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of S PROPOSED COMPREHENSIVE PLAN DESIGNATION: General Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals # 8 (Transportation) and # 12 (Locational Criteria); and any applicable Statewide Planning Goals and Guidelines, and any Federal, State, or Metro statues or regulations. a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Applicant - Proponents - Opponents - Rebuttal f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 08- 8:10 PM 6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003 - TIGARD C)C)MPREHENSIVE PLAN UPDATE PERTAINING TO STATEWIDE PLANNING GOAL 5: NATURAL RESOURCES AND HISTORIC AREAS REQUEST: To amend the current Comprehensive Plan to include goals, policies and recommended action measures to reflect current community conditions and values relating to Tigard's Natural Resources and Historical Areas. 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 Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7 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 TIGARD CITY COUNCIL/LCRB- August 26, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of S f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 08- 9:10 PM 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION. The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) to discuss real property transaction negotiations. 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 maybe held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 925 PM 10. ADJOURNMENT I:\ADM\Cathy\CCA\2008\080826 business.doc TIGARD CITY COUNCIL/LCRB- August 26, 2008 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov u Page S of S ti < J City of Tigard, Oregon Affidavit of Posting TIGARD In the Matter of the Proposed Ordinance(s) /'D STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, , 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) QC~J which were adopted at the City Council meeting of aQ d a , with a copy(s) of said Ordinance(s) being hereto attached and by re erence made a art hereof, on the day of -320 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 CD Signature of Person who Performed Posting Subscrbed and sworn ed) before me this c:P/ day of 20$. a~ . OFFICIAL SEAL Signature of N y P lic for Oregon JILL M BYARS r'•., , ' NOTARY PUBLIC • ORE" COMMISSION NQ 427990 MY COMt,AISSION EXPIRES JUNE 14, 2012 I:tedmtcethyVorms%posl ordinance 2000.doc i CITY OF TIGARD, OREGON ` TIGARD CITY COUNCIL ORDINANCE NO. 08-Q, AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT, CPA 2008-00004, AND ZONE CHANGE, ZON 2008-00001, TO CHANGE THE COMPREHENSIVE PLAN DESIGNATIONS AND ZONING MAP CLASSIFICATIONS FOR TWO LOTS TOTALING 1.18 ACRES FROM MEDIUM DENSITY RESIDENTIAL (R-12) TO GENERAL COMMERCIAL (C-G) SUBJECT TO A CONDITION OF APPROVAL LIMITING THE TRIP GENERATION RATE TO THAT ALLOWED OUTRIGHT UNDER THE EXISTING R-12 ZONING. WHEREAS, Section 18.380.030 of the City of Tigard Community Development Code requires quasi-judicial zoning map amendments to be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.05,0, using standards of approval contained in Subsection 18.380.030.B; and WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires the Commission to make a recommendation to the Council on a zone change application which also involves a concurrent application for a Comprehensive Plan Map Amendment; and WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires the Council shall decide the applications on the record as provided by Section 18.390; and WHEREAS, Section 18.380.030. B.1 of the City of Tigard Community Development Code, requires demonstration of compliance with all applicable Comprehensive Plan policies and map designations; and WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and WHEREAS, Section 18.380.030.B.3 of the City of Tigard Community Development Code requires evidence of change in the neighborhood or community, or a mistake or inconsistency in the Comprehensive Plan or Zoning Map as it relates to the property which is the subject of the development application; and WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a recommendation by the Commission, and a decision by the Council, shall be based on consideration of Statewide Planning Goals and Guidelines adopted under Oregon Revised Statues; any federal or state statutes or regulations found applicable; any applicable METRO regulations; and WHEREAS, the Tigard Planning Commission held a public hearing on July 21, 2008, and recommended approval of CPA2008-00004, ZON2008-00001 by motion with a unanimous vote in favor; and WHEREAS, the Tigard City Council held a public hearing on August 26, 2008, to consider the request for a quasi-judicial Comprehensive Plan Amendment and Zone Change and determined that the amendments will not adversely affect the health, safety and welfare of the City and meets all applicable review criteria. ORDINANCE No. 081.2, Page 1 t NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment, CPA2008-00004, and Zone Change, ZON2008-00001, are hereby approved by the City Council. SECTION 2: The attached findings are hereby adopted in explanation of the Council's decision. SECTION 3: The Comprehensive Plan map and Zoning Map shall be amended to represent the approved changes. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: ByU/1QI1 mou.5 vote of all Council members present after being read by number and title only, thisa2L1k(''day of - - - -J-_, 2008. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this.26 '-day 8. Craig irksen, Mayor Approved as to form: ity Attorn y o Date ORDINANCE No. 08- Page 2 ' ATTACHMENT 2 Agenda Item: 5.1 Hearing Date: July 21, 2008 Time: 7:00 PM S,'7 AFF REPORT TO THE PLANNING COMMISSION . FOR .THE CITY OF TIGARD OREGON 120 DAYS = NA SECTION I. APPLICATION SUMMARY FILE NAME: JIVANJEE COMPREHENSIVE PLAN AND ZONE MAP AMENDMENT FILE NOS.: Comprehensive Plan Amendment CPA 2008-00004 Zone Change ZON2008-00001 PROPOSAL: The applicant has requested a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for two lots totaling 1.18 acres from Medium Density Residential (R- 12) to General Commercial (C-G). The lots are bounded by SW Hall Blvd. on the west, Hwy. 217 on the east, property zoned C-G on the south and property zoned C- P on the north. APPLICANT Jivanjee Circosta Architecture OWNER: Henry Louie 9055 SW Beaverton-Hillsdale Hwy 13665 SW 130th Place Portland, OR 97225 Tigard, OR 97223 OWNER: Gerald C. Cach Credit Shelter Trust Lisa Cach Heideger 6003 4th Ave. NE Seattle, WA 98115 LOCATION: The site is bounded by SW Hall Blvd on the west and Hwy 217 on the east at 11580 and 11600 SW Hall Blvd.; Washington Count Tax Map 1S135DD, Tax Lots 100 and 1600. CURRENT ZONE/ COMP PLAN DESIGNATION: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. STAFF REPORT TO TIE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JIVANJEE COMPREHENSPVM PLAN AMENDMENT ZON2008-00001 /JNANJEE ZONE CHANGE PAGE 1 OF 11 PROPOSED ZONE/ COMP PLAN DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 8, 9, 10 and 12; applicable Statewide Planning Goals and Administrative Rules, and applicable Metro statues or regulations. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL' to" City Council of the proposed compreliensive,plan amendment and.26&.."charige;su, ject" to;proposed conditions of.approvaL SECTION III. BACKGROUND INFORMATION Site History Staff reviewed the zoning history of the subject property utilizing old zoning maps and City records. The 1977 Existing Land Use Map shows Tax Lot 100 as vacant and Tax Lot 1600 developed with multi-famil71 dwellings. The 1983 Comprehensive Plan and Zoning Map shows the subject lots designated "MED,' medium density residential. All subsequent versions of the City's Comprehensive Plan Map and Zoning Classification show the subject lots designated R-12. Tax Lot 100 was developed in 1960 with a small single-family dwelling. Tax Lot 1600 was developed in 1963 with the ten-unit Silver Creek apartment building. In 2004 the City approved a Lot Line Adjustment (MIS2004-00017) between the two lots. Vicinity Information The subject site is bordered by Hall Blvd on the west and Hwy 217 on the east. The 1.18 acre site is part of an approximately 7-acre, 15-lot triangle area north of Hwy 99 zoned C-G on the south (11 lots), R-12 (subject 2 lots), and C-P (2 lots) to the north. The subject lots are separated from adjacent R-12 lots by Hall Blvd on the west. Other R-12 zoned lots are located to the north across Hwy 217. The. subject jots are bordered by apartments to the north and single-family residences and a storage unit complex under construction on the south. Site Information and Proposal Descri tion Tax Lot 100 takes access from SW H Blvd. and is primarily covered in lawn with some trees. clustered around the single-family dwelling. Tax Lot 1600 also takes access from SW Hall Blvd. and contains the apartment building, parking lot, and landscaping. The density of the apartments at 10 units/.44 acres exceeds the 12 units /acre allowed in the existing R-12 zone. C-G zoning allows new multi-family dwellings with the planned development review process and standards. The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for two lots totaling 1.18 acres from Medium Density Residential (R-12) to General Commercial (C-G). STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JIVANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001 /JIVANJEE ZONE CHANGE PAGE 2 OF 11 SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS TIGARD DEVELOPMENT CODE CHAPTER 18.380: 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection B below. A. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject lots from R-12 to C-G also involves a comprehensive plan map amendment. Therefore, the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 18.380.030. B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations; COMPREHENRI« PLAN POLICIES CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on February 28, 2008 in accordance with the City of Tigard's neighborhood meeting notification process. According to the minutes of the neighborhood meeting, 10 people attended. Discussion related to transportation issues on Highway 99 and Hall Blvd., future development of the lots, and the zone change process. In addition, the City has mailed notice of the Planning Commission hearing to property owners within 500 feet of the subject site, interested citizens, and agencies, published notice of the heating and posted the site pursuant to TDC 18.390.050 for Type III Procedures. With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JrVANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001/JNANJEE ZONE CHANGE PAGE 3 OF 11 GENERAL POLICIES Policy 1.1].a: The city shall ensure that 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; The City has an acknowledged Comprehensive Plan consistent with the statewide planning goals. The applicable Comprehensive Plan goals and policies are addressed in this section of the staff report. The Transportation Planning Rule R) OAR 660-012-0060 is a state statute applicable to this application and is addressed under the Transportation goal, below. Two state and Metro requirements help determine housing capacities on buildable land within the Portland Metropolitan Area - the state Metropolitan Housing Rule and Tide 1 of Metro's Urban Growth Management Functional Plan (Functional Plan). These requirements are applicable to this application and are addressed under the Housing goal, below. TRANSPORTATION SYETEM The 2001 Tigard Transportation System Plan (TSP) updates the comprehensive plan and policies. However, it does not fully replace all elements of the comprehensive plan adopted prior to the 20D1 TSP. Goal #4, Policy #1 of the Tigard TSP correlates to the following comprehensive plan policy: Policy 8.1.4: Set and maintain transportation performance measures that set a minimum intersection level of service standard for the city of Tigard and requires all public facilities to be designed to meet this standard. The Oregon Department of Transportation (ODOT) submitted the following comment letter to the file for the proposed comprehensive plan amendment and zone change: \ For zone changes and comprehensive plan amendments local governments must make findings that the proposed amendment complies with the Transportation Planning Rule (TPR) OAR 660-012-0060. There must be substantial evidence in the record to either make the finding of "no significant effect" on the transportation system, or if there is a si cant effect assurance that the allowed land uses are consistent with the identified ction, capacity, and performance standard of the transportation facility within the plan horizon of the local Transportation System Plan or 15 years whichever is greater. OAR 660-012-0060 1) Where an amendment to a functional pplan, an acknowledged comprehensive plan, or a land use negulation would significantly affect an exzstzn orplanned transportation facility, the local government shall put in place measures as pmvz ed in section ) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ration, etc.) of the facility. A plan or land use regulation amendment significantly a ects a trapsporlation facility if it would: (c) As measured at the end of the planning period identid in the adopted transportatron system plan: (C) Worsen the performance of an exzstzn orplanned transportation facilittyy that is otherwise projected to perform below the minimum acceptable permance standard identified in the 7SP or comprehensive plan. STAFF REPORT TO TI-IE PLANNING COMMISSION JULY 21, 2008 PUBLIC DARING CPA2008-00004/JNANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001 /JNANJEE ZONE CHANGE PAGE 4 OF 11 } According to the 1999 Oregon Highway Plan (OHP), Hall Blvd is classified a District Urban highway and. OR 99W is classified as a Statewide Highway. OHP Table 7: Maximum Volume to Capacity Ratios Within Portland Metropolitan Region identifies OR 99W from I-5 to Tualatin Road as an "Area of Special Concern" with a maximum volume to capacity ration of 0.95. According to the traffic impact analysis prepared by Robert Morast ofCTS and dated A r9w 172008 for the 2025 analysis for existing and proposed zoning the intersection of OR and Hall Blvd is projected to perform below the .95 v/c ratio mobility standard. Therefore, for purposes of evaluating land use regulations subject to OAR 660-12-060 the performance standard is to avoid further degradation (OHP Action 117.6). OHP Action 1F.6 states: For purposes of evaluating amendments to transportation system plans, acknowledged comprehensive plans and land use regulations subject to OAR 660-12-060, in situations where the volume to capacity ratio for a highway segment, intersection or interchange is above the standards in Table 6 or Table 7, or those otherwise approved byy the Commission, and transportation improvements are not planned within the planning horizon to bring performance to standard, the performance standard is to avoid further degradation. IF an amendment to a transportation system plan, acknowledged comprehensive plan or land use regulation increases the volume to capacity ratio further, it will significantly affect the facility. Doug Baumggaarrtner, ODOT Traffic Analyst has reviewed the traffic impact study prepared by Robert Morast of CTS and dated April 17, 2008. The study prepared two versions of the 2025 analysis comparing the "worst case" traffic generation under the existing zoning to the "worst case" traffic generation under the proposed zoning. Tables 6a and 7a are based on projecting raw traffic that have not been seasonally adjusted as required by ODOT's adopted methodology. According to adopted methodology, all traffic volumes must be seasonally adjusted to represent 30th Higghest Hour Volumes (30HV). The 30HV adjustment was correctly applied to the PM peak hour for the 99W/SW Hall Blvd intersection in Tables 6b and 7b. Tlhuis data was used by ODOT for determining whether or not the proposed zone change would have a "significant effect" on State highway facilities. The "worst case" traffic generation for the PM peak hour for the 99W/SW Hall Blvd intersection 2025 Full Buildout Zoning scenarios shows an increase in the v/c (volume to capacity) ratio from 1.01 with the existing R12 zoning to 1.02 with the pro osed C-G Zoning (Table 6b and 7b, CTS). Therefore, the zone change will worsen the performance of a facill (OR 99W) that is projected to perform below the acceptable performance standard and will have a significant effect on the facility (OHP Action 1F.6). In order to make a finding of "no significant effect" for addressing OAR 660-012-0060, ODOT recommends that the City condition the zone change such that a trip cap be placed on the site equivalent to the land use with the highest trip generation rate allowed outright under the existinzR 12 zoning or 153 daily trips as idendfied in the CTS study. This cap will allow uses under the proposed zoning while preventing a significant effect to the highway. ODOT and the applicant have discussed the potential trip cap and the applicant is amenable to the idea and expressed their support for the proposed cap. It is important that any proposal to allow more trips be addressed in the Plan Amendment process and will trigger a new evaluation of TPR compatibility at that time to determine whether the limit can be revised or removed. As recommended in the ODOT comment letter, limiting trip generation to that allowed under the existing R-12 zone (153 daily trips) would avoid a significant effect finding. Therefore, to approve the proposed comprehensive plan amendment and zone change, staff recommends the Planning Commission condition the approval to apply the trip cap at the time of site development review for any proposed development on the subject site. STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JrVANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001/JTVANJEE ZONE CHANGE PAGE 5 OF 11 ECONOMY Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The applicant proposes a change in the zoning of the subject site to allow commercial development. The standards in TDC 18.830 provide for amendments to the comprehensive plan and zoning map. Provided the standards for a map amendment can be met, and the required infrastructure is available as indicated in the transportation findings above, the commercial use may be accommodated, thereby promoting the anticipated commercial development allowed by the comprehensive plan and zoning map amendment. HOUSING Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square) and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. Two state and Metro requirements help determine housing capacities on buildable land within the Portland Metropolitan Area - the state Metropolitan Housing Rule and Title 1 of Metro's Urban Growth Management Functional Plan (Functional Plan). Both focus on increasing jurisdictions' housing capacity in order to use land within the UGB efficiently. The Metropolitan Housing Rule (OAR 660-007/Division 7) established regional residential density and mix standards for communities within the Metro UGB. It set minimum residential density standards for new construction by jurisdiction. Tigard must pprovide for an overall density opportunity of 10 or more dwelling units per net buildable acre, as as designate sufficient buildable land to provide the opportunity for at least 50% of new residential units to be attached housing (either single-family or multiple-family.) Metro implements Goal 10 through Title 1. To meet Title 1, each jurisdiction was required to determine its housing capacity and adopt minimum density requirements. Tiggaarrd adopted an 80% of minimum density requirement for development in 1998, which means that a develpopment must build 80% of the maximum units allowed by the zoning designation. The City has a committed to providing the development opportunity for an additional 6,308 dwelling units between 1998 - 2017. This number shows Tigard's zoned capacity for additional dwelling units. It is an estimate based on the minimum number of dwelling units allowed in each residential zoning district, assuming minimum density requirements. ' The City of Tigard maintains an up-to-date buildable lands inventory, a permit tracking system for development, as well as complying with Metro's Functional Plan. The City is responsible for monitoring residential development. All of these tools aid the City in monitoring its progress toward the above goals, and determining i the opportunity remains for current and future residents to have diverse housing choices. STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JIVANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001/JNANJEE ZONE CHANGE PAGE 6 OF 11 The applicant's Impact Statement discusses the loss of 1.18 acres of residential land as a consequence of the proposed rezone- and concludes that there would be no negative effect on the City's progress towards meeting the Metro Functional Plan, Title 1 goal. Using residential development information provided by the City, the applicant calculates that with 370 acres of residentially-zoned buildable lands (2008) within the City limits, and a progress to capacity 6,308) of 56.5%, the additional 2,743 units required can be accommodated with an average density of 7.4 units/acre. The applicant observes that since the average density of projects constructed since 2000 is 8.26, and has been increasing over time, it is reasonable to assume the City can meet its Title 1 obligation without the subject 1.18 R-12-zoned acres. The City's Long Range Planning department maintains annual buildable lands inventory data. According to this data, 1% (.44 acres/44.18 acres) of buildable lands zoned R-12 (2008) is contained on the subject site. At 12 units/acre, the proposed rezone would reduce residential capacity by 5 units. The City's buildable lands inventory analysis found the City can expect additional capacity of 3456 to 3925 new dwellingg units. A reduction of 5 units would leave the Ci with a minimum capacity of 3451 new dwelling units. As of Jan 1, 2007, the City had met 53.58% (33$0 units) of its target capacity number of 6308. Therefore, the proposed zone change would not adversely affect the City's capacity to meet its housing density obligation under Tide 1. Additionally, the City anticipates increased housing capacity with the Downtown Improvement Plan recently accepred by Council. Currently, the CBD zone allows for, but does not reqquire, single-family housing at 12 units/acre and multifamily housing at 32 units/acre. In 2005, only 10% of downtown acreage was used for housing (Downtown Improvement Plan, September 2005). It is likely that the plan will result in greater residential density estimated at 40 unit/acre on a greater percent of downtown acreage (up to 80%) estimated to yield approximately 1,200 units. Furthermore, pre-application conferences with developers have shown interest in rezoning industrial lands to medium and high density residential uses. Although these changes are not yet assured, they represent a general trend toward increased residential use and density in Tigard. Goal 10.2 Maintain a high level of residential livability. Policy 8: The City shall require measures to mitigate the adverse impacts from differing or more intense land uses on residential living environments, such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation, natural resources and provision of open space areas; and C. installation of landscaping and effective buffering and screening. The provisions of this policy bear on the possibility that there is an inconsistency in the comprehensive plan or zoning map as it relates to the subject property. The policy requires measures to mitigate adverse impacts from more intense land uses on residential living environments. In this case the R-12 residential zone is a wedge between two commercial zones, C-P on the north and C-G on the south. Other areas zoned C-P to the east and west of the subject site are adjacent to C-G zoned lands. This arrangement is consistent with the description of the C-P zone in TDC 18.520.020.1) which states that "development in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas." As the applicant's narrative points out, the current zoning arrangement makes it "very difficult to protect residential development from loss of privacy, noise, lights and glare. It also places an extra burden [buffering and screening] on surrounding commercial property that would not be necessary if the subject parcels were zoned C-G." In addition, as shown in the findings below, the subject lots meet the Locational Criteria for general commercial areas. STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JIVANJEE COMPREHENSIVE PLAN AMENDMENT Z.ON2008-00001/JIVANJEE ZONE CHANGE PAGE 7 OF 11 LOCATIONAL CRITERIA: 12.2 COMMERCIAL Policy 12.2.1: The City shall: a. Provide for commercial development based on the type of use, its size and required trade area. b. Apply all applicable plan policies. c. Apply the appropriate locational criteria applicable to the scale of the-project. 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale LTrade Area. Varies. Site Size. Depends on development. Gross Leasable Area. Varies. B. cational Criteria (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and pro ected traffic volumes, the speed limit, number of turning movements and the tralc generating characteristics of the various types of uses. b) The site shall have. direct access from a major collector or arterial street. 9 Public transportaon shall be available to the site or general area. (3) ite Characteristics (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (4) Impact Assessment (a) The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non- residential uses. The existing R-12 zone reflects the Medium Density Residential locational determinants contained in Policy 12.1.1, including areas which 1) are not committed to low density development, 2) have direct access from a collector or arterial street, 3) are not subject to development limitation, 4) where the existin facilities have capacity for additional development, 5) are within '/2 mile of public transportation, and 6~ which can be buffered from low density residential areas. However, as indicated in the locational criteria for the General Commercial areas, above, the proposed zone change and comp pplan amendment is also consistent with the general commercial criteria: the subject area is not surrounded by residential districts on more than two sides, would not create traffic congestion based on the proposed ODOT trip cap, has direct access to either Hall Blvd or Hwy 99 (via Warner Avenue), is of a size to accommodate the projected (storage facility) use, is highly visible from Hwy 217 and Hall Blvd., could be compatible with surrounding commercial uses, could maintain the privacy of STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JIVANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001 /JIVANJEE ZONE CHANGE PAGE 8 OF I1 adjacent residential uses through application of the buffering and screening standards, could incorporate unique site features in the site design and development plan, and could mitigate associated light, noise and activities from adjoining non-residential uses. FINDING: As demonstrated above, the proposed comprehensive plan amendment and zone change comply, or can be conditioned to comply with the applicable Comprehensive Plan policies. The applicant proposes a change to the comprehensive plan and zoning map designation from R-12 to C G Therefore, compliance with the map designation is not applicable in this case. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and For the purposes of the proposed comprehensive plan amendment and zone charge, the applicant has satisfactorily addressed the applicable Sections of Chapter 18.380, Zoning Map and Text Amendments, of the Tigard Development Code. The standards of Chapter 18.390.050 for Type III-PC procedures is applicable to this proposal, as identified in18.380.030. The applicant has submitted an Impact Statement as required under 1$.390.050.B.e. Potential impacts to the transportation system have been addressed under the Transportation goal, above. The proposed comprehensive plan amendment and zone change do not include a specific development proposal However, the applicant has indicated that he would propose a storage facility similar to the one currently under construction on the adjacent property to the south off of Warner Avenue. Any proposed development will be required to meet all of the current applicable Tigard Development Code standards. FINDING: The proposal is consistent with the applicable standards of Tigard Development Code. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. The applicant's narrative states that the existing R-12 designation is an inconsistency in the comprehensive plan as it sandwiches 1.18 acres of R-12 zoning between two large commercial zoned areas. As shown above in the findings for the Housing and Locational Criteria goals, staff supports the applicant's contention that the subject R-12 zone is inconsistent with the comprehensive plan policies and would be appropriately rezoned as C-G with a Comprehensive Plan designation of general commercial. FINDING: The proposal demonstrates that there may be an inconsistency in the comprehensive plan and zoning map as it relates to the subject property. C. Conditions of approval. A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050. A legislative decision may be approved or denied. FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does not apply generally across the City. Therefore, the Planning Commission recommendation to Council may be for denial, approval, or approval with conditions. STAFF REPORT TO TIC PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JIVANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001/JIVANJEE ZONE CHANGE PAGE 9 OF 11 SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of T~'gard's Long Range Planning Department reviewed the roposal and provided information, which is included in findings for the Housing Goal section of the stafFreport. The City of Tigard Arborist reviewed the proposal and has no objection to it. Tualatin Valley Fire & Rescue reviewed the proposal and had no comment. Clean Water Services reviewed the proposal and recommended that all of the relevant provisions of the IGA between the City and CWS be followed and that a site certification will be required prior to development of the subject parcels. SECTION VI STAFF ANALYSIS, CONCLUSION, AND RECOMMENDATION ANALYSIS: The applicant's proposal to change the zone on 1.18 acres from R-12 to C-G could result in additional trips to Hwy 99, a state facility that is already not meeting service levels. ODOT has commented that with a trip cap, this issue could satisfactorily be addressed to meet the provisions of the state TPR. The proposal would reduce the City's capacity for residential density required under Metro' Title 1 and the City's Hfousing goals and policies. However, the 1% reduction in buildable lands would not be significant because the City's existing capacity, based on its buildable lands inventory, is substantially in excess of the minimum requirement. The proposal may affect existing residential development in the vicinity. However, the locational criteria for commercial areas is met and is arguably more suitable for the subject lots than the existing residential ` zone. Other areas zoned C-P to the east and west of the subject site are adjacent to C-G zoned.lands without residential zoned lands between, as is the case with the subject lots. The proposed zone change would be consistent with the description of the C-P zone in TDC 18.520.020.1) which states that "developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas." In addition, the density of the existing apartments at 10 units/.44 acres exceeds the 12 units /acre allowed.in the existing R-12 zone. C-G zoning allows new multi- family dwellings with the planned development review process and standards which does not include a m1a mum lot size or density requirement. CONCLUSION: Based on the foregoing findings and analysis, staff finds that the proposed Comprehensive Plan and Zoning Map Amendment is consistent with applicable provisions of the Tigard comprehensive plan, statewide planning goals and rules, Metro Regional Functional Plan, Tigard Development code, and provides evidence of inconsistency in the comprehensive plan and zoning map as it relates to the property which is the subject of the development application. RECOMMENDATION: Staff recommends that the Planning Commission recommend to City Council approval of the proposed comprehensive plan amendment and zone change with the following condition of approval: Condition of Approval A trip cap shall be placed on the site equivalent to the land use with the highest trip generation rate allowed outright under the existine R-12 zoning or 153 daily trips, as identified in the applicant's CTS study. The trip cap shall be implemented as a condition of approval on subsequent land use permits for proposed development and will be listed as a condition of approval in the ordinance adopting the zone change, if approved by the City Council. STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC HEARING CPA2008-00004/JIVANJEE COMPREHENSIVE PLAN AMENDMENT ZON2008-00001 /JIVANJEE ZONE CHANGE PAGE 10 OF 11 ~uly 14.2008 PREPARED BY: Gary Pagenstecher DATE Associate Planner July 14, 2008 APPROVED BY: Dick Bewersdorff DATE Planning Manager is\curpln\gary\CPA\)ivanjee Zone Change (ZON2008-00004)\ZON2008-00004 staff report STAFF REPORT TO THE PLANNING COMMISSION JULY 21, 2008 PUBLIC f-IEARING CPA2008-00004/JNANJEE COMPREHENSIVE PLAN AMENDMENT 7-ON2008-00001/JNANJEE ZONE CHANGE PAGE 11 OF 11 ATTACHMENT 3 DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes July 21, 2008 1. CALL TO ORDER President Inman called the meeting to order at 7:03 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, Fishel, Hasman, Muldoon, Vermilyea, and Walsh Commissioners Absent: Commissioners Caffall and Doherty Staff Present: Ron Bunch, Assistant Community Development Director; Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner; Darren Wyss, Senior Planner; Marissa Daniels, Assistant Planner; Jerree Lewis, Executive Assistant 3. COMMUNICATIONS None 4. APPROVE MEETING MINUTES There was a motion by Commissioner Muldoon, seconded by Commissioner Walsh, to approve the June 16, 2008 meeting minutes as submitted. The motion carried as follows: AYES: Anderson, Inman, Muldoon, Walsh NAYS: None ABSTENTIONS: Fishel, Hasman, Vermilyea EXCUSED: Caffall, Doherty PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT - JIVANJEE ZONE CHANGE (CPA) 2008-00004/ZONE CHANGE (ZON) 2008-00001 REQUEST: The applicant is requesting approval for a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan PLANNING COMMISSION MEETING MINUTES -July 21, 2008 - Page 1 1ACUR11LN\G.ry\C.mp Pl-.'..-dment\CPA2tXlglk1040ivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docxi Designations and Zoning Map Classifications for two lots totaling 1.18 acres from Medium-Density Residential (R-12) to General-Commercial (C-G). LOCATION: 11580 and 11600 SW Hall Boulevard; Washington County Tax Assessor's Map 1S135DD, Tax Lots 100 and 1600. The site is bounded by SW Hall Blvd. on the west, Hwy. 217 on the east, property zoned C-G on the south, and property zoned C-P on the north. CURRENT ZONING: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. CURRENT COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential. PROPOSED ZONING: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. PROPOSED COMPREHENSIVE PLAN DESIGNATION: General Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals #8 (Transportation) and #12 (Locational Criteria); and any applicable Statewide Planning Goals and Guidelines, and any Federal, State, or Metro statues or regulations. Commissioners Muldoon and Anderson reported site visits. STAFF REPORT Associate Planner Gary Pagenstecher presented the staff report on behalf of the City. He advised that the applicant is currently developing property to the south as a self storage project. The applicant is thinking about applying this same kind of development to the subject site. That use is not allowed in the R-12 zone, but would be allowed in the CG (General Commercial) zone as a conditional use. Staff believes the CG zone is appropriate for the site and supports the zone change Comprehensive Plan amendment. Pagenstecher noted that Warner Avenue, which connects to Hwy. 99W, would be the sole access to the property; the Hall Blvd. access would be closed. Currently, there is an apartment house abutting this property. APPLICANT'S PRESENTATION Saj Jivanjee, Jivanjee Circosta Architecture, 9055 SW Beaverton-Hillsdale Hwy., Portland, OR 97225, spoke about dealing with the inconsistencies in the Comprehensive Plan, the PLANNING COMMISSION MEETING MINUTES -July 21, 2008 - Page 2 [ACU"LN\Gary\CompP1=n -d-t\CPA2CM.00*XV4 Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docxi r process for dealing with it, and the cost implications. for the applicant. The applicant has to pay the mitigation costs for something that was planned by the City. He thinks there should be a 2 tier system and wonders how many inconsistencies there are in the Comprehensive Plan. Should it be the responsibility of the City to pay for mitigation costs or should the applicant have to pay? With regard to connecting to Warner Road, Jivanjee said that there is an existing entrance there and the implication is that there won't be a shortcut through Warner Road to Hall Blvd. to miss the traffic control system on 99W. He said he might have to have some kind of emergency access to Hall Blvd. Even though there is no traffic impact, there are still issues about keeping the through road as a private road and if they can have access to Hall Blvd. It was advised that Hall Blvd. is under ODOT's control. President Inman noted that staff has recommended a condition of approval for limiting trips. Jivanjee said this is a non-issue. The only problem he may have would be denial of access to Hall Blvd. if he needs an emergency access. He said this issue will addressed as part of the planning process for the conditional use of the property. PUBLIC TESTIMONY Henry Louie, 13665 SW 130th Place, Tigard, OR 97223, signed up to speak, but chose not to testify. PUBLIC HEARING CLOSED Commissioner Muldoon said the area isn't well-suited for residential development and doesn't have any community connectivity aspects. He supports the zone change. President Inman agrees and also supports the addition of the traffic trip generation limitation. Commissioner Anderson also supports the application. Motion by Commissioner Vermilyea, seconded by Commissioner Muldoon, to recommend approval to City Council of the proposed Comprehensive Plan Amendment, CPA 2008- 00004, and Zone Change, ZON 2008-00001, subject to proposed conditions of approval as laid out in the staff report. The motion passed unanimously. AYES: Anderson, Fishel, Hasman, Inman, Muldoon, Vermilyea, Walsh NAYS: None ABSTENTIONS: None EXCUSED: Caffall, Doherty PLANNING COMMISSION MEETING MINUTES -July 21, 2008 - Page 3 1ACURPLN\Gary\Comp Plan Ammdmem\CPA21h18--(0104Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docxi 5.2 WORKSHOP - GOAL 14: URBANIZATION POLICY INTEREST TEAM Senior Planner Darren Wyss advised that the objective of the meeting was to garner input on the issues of Goal 14, Urbanization and how to customize the language to fit Tigard's needs. The draft language is broken into 3 goals: providing quality services to City residents; the City's approach to annexation; and promoting Tigard's interests in urban growth management decisions. Wyss noted that Commissioner Dougherty provided earlier comments regarding the commentary and had a few issues with the policy language. Her comments are reflected in the draft language. Lisa Hamilton-Treick, Bull Mountain resident, participated in the discussion. She asked how the interests of-unincorporated Bull Mountain and Metzger are taken into consideration; has there been representation by those people? Wyss noted that this is Commission's first look at the language. The community is welcome to discuss the language, but this is the City of Tigard's Comprehensive Plan, so it must represent the interests of the City residents. Hamilton-Treick said this is a big issue with the Urbanization Forum. She's an appointed member of the West Bull Mountain stakeholder's work group and she's a founder of the Friends of Bull Mountain. She would like to see those affected included in a balanced, unbiased discussion about this. President Inman advised that there has been an outreach effort for this and one of the reasons this discussion has been delayed was to gather more information. Hamilton-Treick noticed that the staff report refers to the Tigard Urban Services Agreement as being updated in July, 2006. Her understanding was that this agreement was terminated. Staff advised that the intergovernmental agreement was terminated; the Tigard Urban Services Agreement (TUSA) is still in effect. She asked if Areas 63 and 64 have been formally included in the TUSA. Staff advised that both areas are outside the of the urban service area boundaries. She believes that if this process was handled in an unbiased way, it could help the City's goal to bring unincorporated Bull Mountain into the City. There should be a thorough, unbiased, verifiable assessment as to where subsidies are occurring and to what degree. Commissioner Vermilyea had a different opinion. He asked, subsidies or not, to what extent the City has an obligation to serve people who don't live inside the City limits. He doesn't believe the City should be providing services to properties outside the City limits. Hamilton- Treick agreed that the City does not have an obligation to go beyond its borders without being compensated. The question is, is the City being compensated to the extent that the services are being used by the people outside the City limits. For example, City residents pay more for the library, but it was only City residents who voted for the bond to build the library. PLANNING COMMISSION MEETING MINUTES -July 21, 2008 - Page 4 1:\CURPLN\Gory\Comp P1. Amendment\CPA2lh18.OMl4 Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docxi Commissioner Vermilyea said it sounds like there's not much disagreement. The City is currently making determinations, less on the issues surrounding Bull Mountain and more on how the County as a whole is going to be able to support 187,000 people living outside of the City limits. They all need services; will it fall on the City to provide them? His perception is that the City is going to focus on what's best for its citizens and will not be providing services beyond our own borders. Tigard needs to figure out how best to manage growth within our own City and focus our resources on services that benefit our citizens. Hamilton-Treick encouraged language to be put into the Comp Plan that addresses the need to respect the interests of people who live in unincorporated areas and make a concerted effort to build a relationship with the people Tigard wants to govern. She's hearing the City advocating for strong legislation to force these people into the City's boundary. Ron Bunch advised that Council has affirmed that it's time for the City to move on and to consider the interests of its own citizens and develop policies for urbanization. He said that Council's current policy is to do only voluntary annexations. He agreed that a cost incidence study is something that should probably be done on a Countywide basis, as well as a fiscal sustainability study to determine how long the County can continue to provide services. Hamilton-Treick wonders if it might be better to look at other options for getting urbanized unincorporated Bull Mountain and West Bull Mountain into a city and maybe it doesn't have to be Tigard. Commissioner Vermilyea said this is beyond the scope of what the Commission is trying to do with the Comp Plan amendment, which is to look at what's the best way to address the urbanization issue within the context of planning within the City limits of Tigard. He thinks there are some big picture policy questions that need to be addressed - fiscal issues, who is the best service provider, Areas 63 and 64 - but, for now, Tigard will continue with voluntary annexations, and for those already in the City limits, providing services according to this Comp Plan amendment. Hamilton-Treick noted that parks and planning are the 2 biggest issues in unincorporated Bull Mountain; cost is not the biggest factor. She said that another big issue is the way that the Bull Mountain Community Plan has been replaced with Tigard's Comp Plan as these piecemeal annexations have happened. Tigard has never included Bull Mountain in its comprehensive planning process; however, they are peeling off the Bull Mountain Community Plan and applying a plan that applies to a much different topography. She hopes that Tigard will address this as it moves forward with piecemeal annexations. Hamilton-Treick advised that she is a strong supporter of service districts. Why would the City oppose a service district if people are paying for the services they receive? Bull Mountain is park deficient. If expanding a service district into that area did away with the argument of folks having to come into Tigard to get more parks, then what is the motivation for not supporting expansion of service districts? PLANNING COMMISSION MEETING MINUTES - July 21, 2008 - Page 5 L\CURPLN\Gury\Comp Plan Amendment\CPA2008.00004 Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docx[ President Inman said the code language is more aimed at opposing formation of service districts outside of the City and holding the view that cities are the best provider of services. For instance, if a service district was proposed for parks on West Bull Mountain, the City would oppose it because it's perpetuating the County providing those services instead of a city. Hamilton-Treick questioned, if it's going to be years or decades before that area comes into Tigard, what is better - let that area pay for parks if the people are willing or continue to point the finger and say they're using our parks and not paying for them when you're preventing them from having a vehicle to pay for them. Commissioner Vermilyea said it's less about the money and more about governance and planning for urban services in that area. If special districts come into play and overlay that area, it could create more conflict. Given that Tigard has a mandate to be the service provider in that area, it necessarily wants to oppose special districts that would conflict with that mandate. Hamilton-Treick questioned if that's a responsible land use, thing to do. Darren Wyss remarked that, in his view of the language, if Tualatin Hills Park and Recreation District (THPRD), Washington County, and the City got together and decided that the unincorporated area would be better served by THPRD, the policy language is flexible enough to allow us to re-sign the Urban Services Agreement to let THPRD have it. Ron Bunch reminded the Commission that Areas 63 and 64 are outside of the Urban Services Area, so if THPRD wants to continue its policy of bringing in lands into their district, the City would not oppose that for those areas. However, in accordance with the TUSA, we have agreed to provide services for areas inside the Urban Services Area. Hamilton-Treick noted that there's such an emphasis on Bull Mountain and she wonders about the Metzger area. She suggests adding language about this to avoid the appearance of "cherry-picking." Commissioner Vermilyea believes the reason Bull Mountain is mentioned more often is because expanding westward is the only way the City can grow - that's where the land is. With regard to the language, Vermilyea thinks the language should remain neutral. Hamilton-Treick does not like the fact that the Bull Mountain Community Plan has been ignored as areas have been annexed into the City. She doesn't see anything that prevents that from continuing to occur. She advised that the Bull Mountain Community Plan is their Comprehensive Plan that was adopted in 1983 and it's the only Comprehensive Plan for unincorporated Bull Mountain as a part of the County structure. She noted that the County's policy is not to update any of the County Community Plans at this time. There was a unanimous request by the stakeholders workgroup for Areas 63 and 64 that the planning for that area include a sister process that would update the Bull Mountain Community Plan to create more of a complete community concept for the whole area. The Board of Commissioners denied the request. PLANNING COMMISSION MEETING MINUTES - July 21, 2008 - Page 6 1ACURPLN\Gory\Comp Plop Amendment\CPA2008-00014 Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docxi t Staff advised that as areas are annexed into the City, the City's development code standards and Comp Plan goals and policies apply. This update to the City's Comprehensive Plan will be much more sensitive to these kinds of issues. Hamilton-Treick said that one thing that could help this process is to recognize the need people have for their community to not lose their identity, e.g., the Pearl District, the Hawthorne District, and Sellwood. Those are all areas of Portland where concerted effort was made to allow them to be identified as part of a larger city. It's an affordable thing to offer people to encourage them to want to be a part of a bigger government. The Commissioners reviewed the draft language and made the following changes: Goal 14.1- Change the residents to citizens Policy 1. - The City shall riet 2aly approve the extension of City services exeep (rest of policy does not change) Policy 2. - Change r-eeeO5~es to recognize Policy 3. - No changes Policy 4. - New wording: The City shall protect the existing and future delivery of City services and oppose formation of any new district or expansion of existing districts within the Tigard Urban Services Area. Policy 5. - No changes Action Measures - No changes Goal 14.2 - New wording: The City shall take all reasonable and necessary steps to implement the Tigard Urban Services Agreement, including annexation of unincorporated properties as appropriate. Policy 1. - No changes Policy 2. - No changes Policy 3. - No changes Policy 4. - Staff advised that this policy currently is being reviewed by the City Attorney. The Commissioners will review the draft language for this policy at a later date. PLANNING COMMISSION MEETING MINUTES -July 21, 2008 - Page 7 1ACURPUAGay\comp P1= n~n,ament\CfnA2 a-niau Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docxi .r Policy 5. - New wording: The City shall periodically update and/or amend its develop,- eaOrdinate, and iffipleffient aft adopted Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the City Limits. Action Measures: ii. - Utilize and communicate incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iii. - Since this measure is related to Policy #4, the language will be reviewed at a later date. The Commissioners decided to postpone review of the rest of the language until the next meeting. 6. OTHER BUSINESS Staff advised that the urban forest section of the Comp Plan was approved by Council and that there has been an intent to appeal filed by the Home Builders Association. The Commission requested that they be notified earlier in the process when things like this happen. Also, they would like to know ahead of time about significant new development coming into the City (e.g., the new Target Store in the Triangle). c Commissioners Inman, Muldoon, and Walsh will not be at the August 4th meeting. Commissioner Vermilyea will chair the meeting that night. Staff advised that the Transportation Chapter of the Comp Plan will be updated alongside the Transportation System Plan update that is just now being started. It will come to the Planning Commission sometime next year. In the meantime, Commissioner Vermilyea requested a primer on transportation issues in the Triangle. He believes transportation will be the main issue in the Target application. Commissioner Muldoon asked about Council's idea that planning could look at the highest best use for the Tigard Triangle and then leave the burden for meeting the requirements of that best use on regional groups such as ODOT or Metro. Staff said this is a regional issue that needs to be worked out with other jurisdictions because of ODOT's application of its mobility standards to the freeway system. Ron Bunch advised that staff will be working on the Transportation System Plan and that the Tigard Triangle will be looked at specifically. 7. ADJOURNMENT President Inman adjourned the meeting at 9:47 p.m. PLANNING COMMISSION MEETING MINUTES -July 21, 2008 - Page 8 1:VC RPLN\Gnry\Comp PIM Amendment\CPAa)08-000.14 Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docx[ r Jerree Lewis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - July 21, 2008 - Page 9 [ACORPLN\Gary\C=p Pier Ammd=nACPA7AbB-«u Qivanjee)\Planning Commission minutes 7-21-08 (2) DRAFT.docx, - - ATTACHMENT 4 1 " ► F. u 5 1 It E r~. t Existing Conditions o ; r z✓ - y City of Tigard Oregon 5' Z- sa. CPA2008-00007 w 1- 3<1 'S 477 r„ - , -10 AITA- , V4 • , IN It ' ' 'A4/~ ` « ` Feel iii ~ t~ - • 1 ~ s , i,~ .t. ' ~ .•L} e' .-_..1 11 41W t MM ~ t„i>rrr NMtgllft! 01A j," + n ATTACHMENT 5 _ 'LL I A u f Proposed 777 Amendment k" J ` ~e Conditions ro <<>, ' J J ° City of Tigard Oregon f U CPA2008-00007 -77 IRS yy O ~ T 1 Iti.~ _.IL` rl i'''cy lit is, ~r w ibe in6matim apeemd m Ihi. m•p i, cm,mt n d 'i - w • ` '/,rq ~ ~ • nup,n t•. moa. x~am,.,..;o x wm., oe,. ase;m, .a 1, ~ ' 7 •.~N1' ,r~1s r o I* .i Fttt i~ s 1 is 1 I fs t ~M° ~ CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.08- 1 3 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00003 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO NATURAL RESOURCES AND HISTORIC AREAS, STATEWIDE PLANNING GOAL ••q 5 ,_iirofhrD~O. WHEREAS, there exist substantially changed conditions and circumstances in the context of Natural Resource and Historic Areas management and protection since adoption of the existing Tigard Comprehensive Plan in 1983; and WHEREAS, the Tigard City Council directed staff to complete "a fall 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 Topics 3 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 5; and WHEREAS, the Tigard Planning Commission held two public hearings, which were noticed in accordance with City standards, on June 2, 2008, and June 16, 2008, and recommended approval of the proposed CPA 2008-00003 by motion and with unanimous vote; and WHEREAS, on August 26, 2008, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2008- 00003; and WHEREAS, on August 26, 2008, the Tigard City Council adopted CPA 2008-00003 by motion, as amended, pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2008-00003 is based on the findings and conclusions found in the City of Tigard staff report dated August 13, 2008, and the associated record, which are incorporated herein by reference and are contained in land-use file CPA 2008-00001. 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: 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. 08- 13 Page 1 of 2 PASSED: By Ljnc"rr ows vote of all Co cil members present after being read by number and title only, this QU'``day of _ 12008. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this .2~"aay of , 2008. zcz Craig ksen, Mayor Approved as to form: V Attorney ORDINANCE No. 08- 1 3 Page 2 of 2 EXHIBIT A JA, °l to ~ .4 4~C ,...v...~`a'..f+; N~'~' . s:r ~;;,snr .n . r.:, cAt. ~ 4+!.aH ',t ~ c ;.r,'.- • Natural Resources and Historic Areas 'To protect natural resources and conserve scenic and historic areas and open spacer. " m O D e • NATURAL RESOURCES AND HISTORIC AREAS ADOPTED AMENDMENTS DATE CPA# CHANGES 08-26-08 2008-00003 Entire chapter updated by Ordinance 08-13 SECTION COVER PHOTO: CITY STAFF Tualatin River. 1 City of Tigard Comprehensive Plan 0 e NATURAL RESOURCES AND HISTORIC AREAS ach community possesses certain natural and historic resources that "The help to establish its identity. Tigard is fortunate to contain a variety of these community's resources that contribute to its high quality natural of life. From the riparian corridors along the Tualatin River and its tributaries, to the City's resources are wetlands, to the upland habitat resources, the community's natural resources are a visual a visual and and ecological asset. The historic and cultural resources of the community represent a part ecological of the community that provides a living history i of the area. Protecting and conserving these resources are vital components to a successful land use planning program. "To protect natural resources and conserve scenic and historic areas and open spaces." As awareness of the importance of natural and historic resources and their relationship to the quality of life has increased, so has concern for protecting these resources. Protecting the City's valuable natural and historic resources is thus one of Tigard's primary goals. In addition, the City must comply with federal, state, and regional laws protecting the resources, including sensitive, threatened, and endangered species and their habitats. The following resources are addressed in this chapter: ■ Fish and Wildlife Habitat ■ Wetlands ■ Streams ■ Groundwater ■ Historic and Cultural Resources As Tigard's population continues to grow, so does the potential for conflict between the desire to preserve resources and the need to provide adequate land for growth. As development patterns change to accommodate growth, more pressure is placed on the resources that are present. The tension between the built and natural environments results from the competition for land resources. The steady trend of growth and development further necessitates the impor- tance of finding a suitable balance in the future, both locally and regionally. Comprehensive Plan City of Tigard 5-1 0 NATURAL RESOURCES AND HISTORIC AREAS Fish and Wildlife Habitat Despite growing urbanization, Tigard and the surrounding area remain home to an impressive diversity of birds, mammals, fish, amphibians and reptiles. Fish and wildlife species depend on a complex array of habitat conditions for their food, water, mobility, security, and reproductive needs. Wildlife habitat within the City of Tigard is heavily concentrated adjacent to water bodies, such as Summer and Fanno Creeks, Summer Lake, and the wetlands in Cook Park. However, there are patches of upland habitat in drier, higher elevations across the City, such as the forested ravines of Bull Mountain. This upland vegetation not only contributes in providing protective cover for wildlife, but also contrib- utes to the aesthetic quality of the community and serves as an essential element in controlling runoff and soil erosion, moderating temperatures, and reducing air pollution. A number of agencies are involved in the effort to address the management and protection of fish and wildlife habitat. In 2000, Metro began work on a regional inventory of significant fish and wildlife habitat, focusing on riparian corridor and wildlife habitat resources. Shortly after completion of the inven- tory in 2002, the Tualatin Basin Partners for Natural Places, an alliance between Washington County and local cities (including Tigard) working with Metro, Tualatin Hills Parks and Recreation District and Clean Water Services, was formed to meet relevant federal, state, and regional requirements. Metro entered into an intergovernmental agreement (IGA) with the Tualatin Basin Partners for Natural Places to develop a basin-specific approach to protect Goal 5 (riparian and wildlife habitat) resources in compliance with Metro's Urban Growth Management Functional Plan, Title 3 (Water Quality and Flood Management) and Title 13 (Nature in Neighborhoods). The result of the IGA was the City adopting the Significant Habitat Areas Map and voluntary habitat friendly development provisions in December 2006 that seek to protect the wildlife habitat identified within the community. The provisions include an opportunity for low impact development practices that can reduce impacts to the identified resources. The Tualatin Basin Partners for Natural Places used the regional habitat inven- tory as the basis for conducting a general analysis of the Economic, Social, Environmental, and Energy (ESEE) consequences of allowing, limiting, or prohibiting uses that would negatively impact inventoried resources. The site- specific component of the ESEE analysis provided a more localized analysis and an opportunity to refine the Basin-wide "limit" decision where necessary. 5-2 City of Tigard Comprehensive Plan 0 NATURAL RESOURCES AND HISTORIC AREAS The analysis results show that the City of Tigard has 588 acres of habitat desig- nated as "highest" value (i.e. Metro inventoried Class I and 11 riparian resources within the Clean Water Services Vegetated Corridor). An estimated 370 acres of Class I and II riparian habitat situated outside the Clean Water Services' vegetated corridor are designated as "moderate" value. In addition, 422 acres of non-Class I and II riparian resources within the City are designated as "lowest" value, including both upland and lower-value riparian habitat areas. Wetlands Wetlands, including swamps, bogs, fens, marshes, also offer and estuaries, play a crucial role in a healthy rinze sites ecosystem by providing essential habitat for p waterfowl, fish, amphibians and many other for people animal and plant species. The state defines a wetland as an area that is inundated or saturated to witness by surface water or groundwater at a frequency and duration sufficient to support, and that under the wonders normal circumstances does support, a prevalence of vegetation typically adapted for life in satu- of a unique rated soil conditions (Oregon Administrative Rule natural (OAR) 660-023-0100). These areas also serve several natural hydrologic functions, including absorbing flood waters, sustaining summer stream flows, replenishing groundwater, and filtering out harmful pollutants from waterways. Wetlands also offer prime sites for people to witness the wonders of a unique natural setting where fish, wildlife, plants, and water converge. These beneficial functions of wetlands, however, may be adversely affected by human activities such as encroachment through develop- ment, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. As outlined under OAR 141-086 for Wetland Conservation Planning, Tigard's locally significant wetlands were designated according to the criteria and proce- dures for identification of significant wetlands adopted by DSL. Inventoried wetlands were deemed significant if they received the highest rating on at least two of the four primary wetland functions, namely wildlife habitat, fish habitat, water quality, and hydrological control. Of the wetlands (within the City limits) identified in Tigard's Local Wetlands Inventory, roughly 98% are classified as significant wetlands. Comprehensive Plan City of Tigard 5-3 (z0 e NATURAL RESOURCES AND HISTORIC AREAS In 1997, the City of Tigard Local Wetlands Inventory (LWI) and Wetlands Assessment were approved by DSL. Approval by DSL means that the wetlands inventory meets state LWI standards, and therefore becomes part of the State Wetlands Inventory and must be used in lieu of the National Wetlands Inventory. Since the approval of the LWI, several new wetland delineations have occurred within the city limits. These new delineations were performed by wetland profes- sionals and concurred by DSL. The newly delineated wetlands become part of the LWI, although a function assessment was not performed. Without the assessment, significance cannot be determined. However, the majority of the newly delineated wetlands is currently under protection from the City's sensi- tive lands review process because of their location in a stream corridor, 100- year floodplain, or within the CWS vegetated corridor. The remaining wetlands, although not covered by the City's sensitive lands review process, are subject to the state Removal-Fill Law and must secure permits as required by the law. Streams Roughly 30 miles of stream corridors cross through the City and nearly all the streams in Tigard drain into Fanno Creek, which then flows into the Tualatin River. These stream corridors provide a complex ecosystem linking water, land, plants, and animals. They perform several ecological functions, including storing and conveying surface water, modulating flows, removing pollutants, and providing vital habitat for aquatic organisms. The City collaborates with Clean Water Services (CWS), the surface water management and sanitary sewer system utility for urban Washington County, to protect local water resources. Through CWS Design and Construction Standards, local governments in the Tualatin Basin (including Tigard) developed a unified program to address water quality and flood management requirements for Title 3 of Metro's Urban Growth Management Functional Plan. In 2002, the City of Tigard adopted regulations restricting development within, and adjacent to, sensitive water resource areas, including streams, through standards in the CWS Design and Construction Standards. The CWS standards provide for vegetated corridor buffers, ranging from 15 to 200 feet wide, and mandate restoration of corridors in marginal or degraded condition. In addition, land-use applicants proposing development near streams and wetlands are required to prepare a site assessment and obtain approval from CWS prior to submitting a land use application to the City. 5-4 City of Tigard Comprehensive Plan 0 0 NATURAL RESOURCES AND HISTORIC AREAS Additionally, the Tigard Community Development Code (18.775) contains a chapter devoted to the protection of sensitive lands, including natural drainage- ways, wetlands, and the 100-year floodplain, by requiring applicants proposing development within a sensitive area to obtain a permit for certain activities depending on their nature and intensity. The City of Tigard also collaborates in implementing Clean Water Services' Healthy Streams Plan dune 2005). The goal of this plan is to improve watershed and stream health for community benefit by recommending a number of policy and program refinements, as well as outlining a capital projects program. The capital projects focus on stream preservation and enhancement, flow restoration, community tree planting, stormwater outfall and culvert replacement. Groundwater The importance of groundwater to the community is twofold. First, it serves the function of naturally replenishing surface waters such as wetlands, streams, and lakes. This helps provide vital habitat for aquatic organisms and wildlife. Secondly, it is a source of clean water to help meet human water needs for drinking, household use, commercial/industrial use, and irrigation. The western portion of the City of Tigard is located above the Cooper Mountain/Bull Mountain Critical Groundwater Area. The Critical Groundwater Area was declared in 1973 in response to heavy pumping and the slow rate of recharge. This is significant because the City owns water rights to withdraw groundwater from the aquifer and it was once an important source of drinking water. Currently, the City of Tigard Water Division has one groundwater well in operation that is available to supplement the drinking water supply in times of high demand. The Water Division has also developed Aquifer Storage Recovery wells that allow potable water to be injected into the aquifer during the winter to supplement the summer high demands. Historic and Cultural Resources In 1984, the City adopted a Cultural Resource Overlay District to manage signif- icant historic resources. Section 18.740 of the Community Development Code governs the application and removal of the district overlay, the primary purpose of which is to facilitate the protection, enhancement, and conservation of land- marks and historic and cultural sites and areas. Under state law (ORS 197.772) enacted in 1995, a local government is required to allow a property owner to Comprehensive Plan City of Tigard 5-5 (0 NATURAL RESOURCES AND HISTORIC AREAS remove a historic property designation that was imposed by the local govern- ment; in addition, the property owner may refuse to consent to the designation at any time in the process, thus removing the property from consideration for all but the National Register of Historic Places. The'implication of the statute and rule for Tigard's current historic code provisions is that if the property desig- nation does not have owner consent, the provisions are no longer relevant or enforceable. Local conservation efforts can be combined with the National Register of Historic Places (the National Register), a list of cultural resources of national, regional, state, or local significance that is kept by the Department of the Interior's POI) National Park Service (NPS). Being listed on the Register does not protect a property from demolition, but it does document and evaluate the property's historic significance based on National Register criteria and makes the property eligible for federal grants when available, including rehabilitation tax credits. Many of the cultural resources associated with the original development of the Tigard area have not survived the City's growth during the last forty years. Improvements to Hwy 99W also contributed to the demise of the City's resource base. Those resources that survived include a mix of residential, educa- tional, and commercial buildings. Currently, nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register. The only property from which the overlay has been removed was the Tigard Feed and Garden Store when the owner initiated the removal request. Chapter 18.740 of the Community Development Code requires that if an overlay property receives approval for demolition, a condition of approval will require submittal of a graphic and pictorial history and artifacts to the Washington County Museum. KEY FINDINGS: • 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. 5-6 Cityof Tigard Comprehensive Plan a e NATURAL RESOURCES AND HISTORIC AREAS ■ Clean Water Services' Design and Construction Standards establish a vege- tated corridor buffer adjacent to the City's streams to protect water quality; the City adopted these standards in 2002. ■ In addition to contributing to the general aesthetic quality of the area, streams and "Roughly 98% the adjacent riparian areas perform several ecological functions. of the City's wetlands are ■ Roughly 98% of the City's wetlands are classified as "locally significant wetlands," classified per procedures outlined under OAR 141-086. as "'locally ■ The Tigard Community Development significant Code requires Sensitive Lands Review for wetlands. any development which would impact significant wetlands or the vegetated corridor buffer to wetlands. ■ Wetlands may be adversely affected by human activities such as encroach- ment through development, alterations to natural drainage patterns, pollu- tion, and the introduction of nuisance plant species. ■ Based on the Economic, Social, Environmental and Energy (ESEE) analysis conducted by the Tualatin Basin Partners for Natural Places, 588 acres of the inventoried regionally significant habitat was designated as "Highest" value," 370 acres was designated as "moderate value," and 422 acres was designated as "lowest value." ■ In December 2006, the City of Tigard adopted the Significant Habitat Areas Map and voluntary Habitat Friendly Development Provisions (Ordinance 06-20) that encourages the protection of habitat with the use of low impact development practices. ■ The Critical Groundwater Area on Cooper Mountain and Bull Mountain was declared by the State of Oregon in 1973 and restricts the withdrawal of groundwater on the western half of the City. ■ Groundwater wells currently in operation are limited to one traditional well and two aquifer storage recovery (ASR) wells. Comprehensive Plan City of Tigard 5-7 e NATURAL RESOURCES AND HISTORIC AREAS ■ In 1984, the City adopted a Historic Overlay District to manage significant historic resources. ■ In 1995, ORS 197.772 required local governments to allow a property owner to remove a historic property designation that was imposed by the local government. The implication for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. ■ Nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register; only the Tigard house has the Historic District overlay. ■ The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. ■ The citizens of Tigard are concerned about the impact of growth on the community's natural resources. GOAL: 5.1 Protect natural resources and the environmental and ecological func- tions they provide and, to the extent feasible, restore natural resources to create naturally functioning systems and high levels of biodiversity. POLICIES- 1 . The City shall protect and, to the extent feasible, restore natural resources in a variety of methods to: A. contribute to the City's scenic quality and its unique sense of place; B. provide educational opportunities, recreational amenities, and buff- ering between differential land uses; C. maximize natural resource functions and services including fish and wildlife habitat and water quality; and D. result in healthy and naturally functioning systems containing a high level of biodiversity. 2. The City shall demonstrate leadership in natural resource protection through the use of sustainable building practices and low impact devel- opment strategies, to the extent feasible, on all City projects. 5-8 City of Tigard Comprehensive Plan . e NATURAL RESOURCES AND HISTORIC AREAS 3. The City shall provide options to conventional construction and site planning techniques, and incorporate sustainable and low-impact building and site planning technologies into City codes and standards as they become available. 4. The City shall actively coordinate and consult with landowners, local stakeholders, and governmental jurisdictions and agencies regarding the inventory, protection, and restoration of natural resources. 5. The City shall utilize periodic assessments of the effectiveness of the City's programs and regulatory structures to guide future decisions regarding natural resource protection, management, and restoration. 6. The City shall utilize incentives or disincentives, to the extent feasible, to discourage property owners from removing or degrading natural resources prior to application for development or annexation. 7. The City shall protect and restore riparian and upland habitats to the maximum extent feasible on public and private lands. 8. The City shall protect and, to the extent feasible, restore the diverse ecological and non-ecological functions and services of streams, wetlands, and associated riparian corridors. 9. The City shall implement measures to protect groundwater. 10. The City shall complete a baseline inventory of significant natural resources and update or improve it as necessary, such as at the time of Comprehensive Plan Periodic Review, changes to Metro or State programs, or to reflect changed conditions, circumstances, and commu- nity values. 11. The City shall assist landowners in the protection of natural resources through diverse methods including, but not limited to: education, incen- tives, planned development standards and regulations, and conservation easements. 12. The City shall develop and implement standards and procedures that mitigate the loss of natural resource functions and services, with priority given to protection over mitigation. Comprehensive Plan City of Tigard 5-9 Y u a NATURAL RESOURCES AND HISTORIC AREAS 13. The City shall identify, preserve, and create linkages between wildlife habitat areas, to the extent feasible, as a key component of parks, open space, and surface water management plans. RECOMMENDED ACTION MEASURES: i. Identify and inventory locally significant natural resources not included in the Nature in Neighborhoods and Tualatin Basin Natural Resources Coordinating Committee studies. ii. Utilize an adaptive management approach that seeks to improve natural resource standards and programs by establishing a measur- able baseline condition and desired end goals, periodically measuring the success of existing city actions against those goals, and making corrections as necessary to improve success. iii. Inventory and preserve small perennial streams as natural resources for their contributions to fish and wildlife habitat. iv. Periodically identify and take steps to improve the effectiveness of existing natural resource protections with the Development code. v Continue membership and active involvement with nonprofit and government agencies such as the Tualatin Basin Natural Resources Coordinating Committee. vi. Incorporate bioregional and watershed based conservation strate- gies, such as those identified in the Oregon Conservation Strategy and Clean Water Service's Healthy Streams Plan into regulations and restoration programs. vii. Utilize indicators of biodiversity as a measure of the quality and health of natural resource systems, and as a measure of success of City actions and strategies. viii. Implement a program to assist the state in identifying and canceling unused water rights within Tigard for the purpose of stabilizing or reducing surface and groundwater diversion and extraction. 5-10 Cityof Tigard Comprehensive Plan 0 NATURAL RESOURCES AND HISTORIC AREAS ix. Protect and restore natural resources through a variety of methods including, but not limited to, the use of land management regula- tions and incentives that encourage habitat friendly development and provide flexibility in meeting state and regional land use goals. x. Implement outreach and regulatory programs to identify and remove invasive species that threaten habitat areas. xi. Identify and implement measures to protect riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat. xii. Identify and implement measures to maintain and, where possible, restore hydrologic systems and regimes that support fish and wildlife, provide flood control, and enable natural recharge of groundwater and other ecological and community benefits. xiii. Work with regional and state agencies to identify and address poten- tial sources of contamination. xiv. Identify and implement measures to reduce the amount of imper- vious surface area covering the City that prevents the natural recharge of groundwater aquifers. xv. Develop and utilize incentives to foster private investment in green building techniques and technologies. GOAL: 5.2 Promote the preservation and protection of historically and culturally significant resources. POLICIES: 1. The City shall actively promote the protection and preservation of historic and cultural resources and consider the development and imple- mentation of new culturally significant resources, and cooperate with organizations involved in their protection. Comprehensive Plan City of Tigard 5-11 e a NATURAL RESOURCES AND HISTORIC AREAS RECOMMENDED ACTION MEASURES: i. Promote and publicize historic resources in the City. ii. Support volunteer programs to preserve historic resources. iii. Encourage rehabilitation and reuse of historic buildings to the extent feasible. iv. Consider holding City functions in historic buildings, where appropriate. v Support efforts to obtain historic designation at the city, county, state, and national levels for public and private historic sites. vi. Facilitate the development of appropriate economic options and alternatives for historic and cultural resources and organizations involved in their protection, when requested. 5-12 City of Tigard Comprehensive Plan DCAI CDAGE 7 AIATI IDAIr~rrc CCATI 8965 AAII1 nvl c ~"r cr't-~~r~lco~~v Thisihap F8 d4ange-6f t9piss~li-I'•1aY nq4 -d9-lAF4h4he-RatWFa 4aSGWFres :igaFd-WFbawmiFig-A a. 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Eeil4ype=peFFneabi%y-, vegetagGsand-dratRageall Olay Fn oF-Feles-in aRdare-a#ested-by develepRaeRt-l=lkewise, the effects of lnappFepgate-develop lFNtie4WG-dpWn aFeas seald Mve adveF6e-e#est6 -sn-pr9gei#Ies=beth qp-and-d4WA -stFea epi#ent-slle. he-social;-cultural-and eseR9iais values of sash. resource-Iaads-seuld-be Fedused. by The Ilmitations of the various environments shoul"a GoRSids evieWIn new-develspRaent wilhin~h"laRRiRg area: The-FesegRitlen-ef. 4 a natuFal-eRVIFeRrRent iR-the-plaRning-area-and4he .deve{epmeRt-6f-6 Rgs-and-policies whi9haddress-the skiara6teF MIN.-ef the eRViF9RFRent-are-extFeRaely lFRpeF#a4-elements=iR-the-GempmheRslve Raft-the-puFpese-0f4Wr. 6hapteF l6 -to define -the-p8FamateFs. ef-the-vaFieu-S-RatuF2l-eAYOGRRaeRts=lR-th8 plaRRIRQ-2Fe.a aRd4G4d6RAFfy the IlFnllali9RFi 2R~ epp6FtHRill66lAh@rBRt-iFF#ti96e envIFBRRiBRtsr Additlanal-inferRial{on-en-thus tepiG available-in-the- 49mpmhensive Ian-RepeFti Natural-Features-arid GpBR~paGesr _rl ANDS R9L-I~ LOP PIT IM AREAS HAVING Tuc enl 1 n\enAlr 3.4 1.4 C CITY SH/166 NOT-- l 9RM€NT-NMITATl9NS-€XQ€RT-;R HSR.€ 111E nc\/cl 0DCV G)SMONSTIRATES THAT GEM-ER-AI 1 V AGCgPTCn CAIr1A1CCDIA1 NIn11GC RELATED Tn A CPCrIRG CITC PI AAI iV~RC ~1 G 1 C V O O 1 C 1 O l (II 1 KAA, LAC THE AREA CI IITAOI C CnRTHS, DDn17n CLl~I~CiYC-ccIC-R~ BAIT /_AIOTG THIS PO' ICY .4113 INETI.ANDS-MA42+.i. .a ARCETA~C~ ACCTI Air TI.IC DEFINITION OF IALET1_ANDS UMDER nuADTCD 48.26 nC THE CNN- GOnCi mrwvc . 85 i QFd. 84 36i QFd. 07 2Q) 0o-2 Fl_QGDnl ^MS 3.2.1 TLIC nITY CIJAYI DDn41101T-nC\/CI no MEA1T 1AlITLI1 Al ADCAC DESIGNATED AC CIGNICIn ANT \n(CTI enln nA1 Ti lc cY (l9BIaI~11N AN6?-WETi~1NB~ M/1R Aln ncucl GPME IT euel 1 rnrrl uz TTC'1"I~TRV C IT ON PROPRRTY .-MIT WgT-64108 ON THE m Tt,~A/,CAI~T\/ CI\/C /75\ CCCT GF THE n95l!_AIAT91] SWAI I CC Al I MAMD I IND R TUC DI AAINED DEVEI f1D1 NT- CCrmoAl o TLIC r`Af1C 3.3 NA AGES 4=iRdiRgs '-vvr:cHt}j leF@ -aFe exteFISFVe-F9dk ARd qfavel-e)dFaG#Gn-afea&4eGated to tie-n6ri i mAd west 6fg2Fd!6 RR(Rg-2 within FteR-and Wdst}{FIQteR Gotonly. T`1e'e is ene-aGt4Ye-fAjReF3t 9F-aQgfe B Qard Planning AFea, known p3Na "gteR GeuRty. QHFti3fR te; Wkt~6 Ifi-6peFated4p ~ ~ H.A.1-1- S-'-fRPG-RT THE €PcnDTC nc 1nlecW'NIQTnnl GgWl rrv DCAva VERTr~ 1 ITA AI CCD1/Il~C IIICTDInT TO CAICI R&T-L1G VAII AO ITV OF ~D~t CAITATI/1AI CTDATC/^_V 1: The GUY shall -eRGGUFage-t#ese-jufisdlstteas-Fegutatiag-Fesk-e*tFaOOQA te-siesely FneRiteF-t;94elatioAS p beiweea-tlie~e ufGe-aR he afaet4p4=GParad-plaRnpd far rmsl~ dad gFavel-e astieR sRd pFeF3essmg-. 24 ~J e~,T, Iol~o n 1 oar n~o piRding6 •-heFe 8F8 a YaNety of plants, anifFlals-and-WeteF few! -W1tti1R-tiie~IgaFd-p12RRIRg-aFea-Whidh add-Qfeatly to the gaalit" ii#eAw## "e se► aity -caeb-spesieG F9gUiFes-a-Gemp ex aR it+~set-et seRdMe feed, Wat9Fand-wgetative-GeV@F6f-9th RatuFal feakwes ReperraFy feF esbope BRiI PFAd16tleF6 --Tr;;e=sigF►itl£ant plaRt-seFRR~{fRi#ies-and-aRimaPhabitat-aFeas-afe-ttie-fipafiaR Yegetation-adjosent to the WateF F e 6 G U F G e G 4 n 4 h e - 6 e f n f i u R " , Ad-VaflekfssWnft of tlFnbeF.an Fk 613 -l~@Veiepment-adjacent-t9-existing Wildlife-aFeas-sa ese aFeas=and-in senseIAStaRees ran eeded-Wild ' •Veoetatien-GentftaNtes-te FeaesthetisG-QuMlI}rof-the -semmunIty. VegetatieR-seRtFels-eFesisR, aaseFbs kJStieR-6# seuRd-and-modefates-teFnpeFatN Ra~-FR , Fed alFpell-tien-and-glaFe, and-seft@RS-ttle IRipaGt of-tti f- •--Statewide-geal-g-FegdiF~s-local-jafisdi -t rs-te-!NeRtefy-the-lasati , quaRtily, lity-of-Fese ee sites4esated'rith!R-t#eiqudsdlstiens: ThgGjt~ pas-seFFa salisn-and-qupRtity of tkFe-Weil and sites within 'ta AGOve 18nRi ess net-%R ge-e€ far~stieas-and-values sf WetlaRd4ME1.6,3s-F6OdIF8d by -heal 5 il;V AtGPp4tefidar*s V en-adequate4pfo fnatfen-is-Rot-avablale- en a-feseUFSe- site, OAR 660 46 ON -6 QHir$s, 9 Iesal geveF FneAt-te adept-a. pla"lisy-expFessiag-its-lgtgnt-"ddmss-Goal-5-FegaiFSFnBnts-Felative-te-t#e s4e4R4he-pest aGkfteWledgFneFit-peded. F~AE .1 GI€~S _ Q 4 off L PESIG . A cr= 14n~ T1 THE rnl i n1n'nnlr_ nC 2.414 THE ^I A. R E. A. R- c-) p. ENVIRG CHIT IC~yi4CL RN-. I i ~ v a rnuclrnnlT\nrcTIA n106i b. ARE )UGATIONA6 RESEARC~j4ALUE, SUCH AS-GEQl=QGIGAL6Y AND B6;-AAl9 a AOCAC \IAI I ICn FOR THEIR FRAGILE rL1Ap'A rTCD AC 6IARIZA'i'C FOR PLANTS, ANIMAL- GR AQU TTIG LIPS, GR HAVING €N6~J1N6€f~€B PLANT GR ANIMAL GR€GIES OR cocrlrlr NATURAL FEATURES, VALUED FOR THE NEED TG 3,4 R TuR IT" sHA1 1 ra °;iTEGT FISH-/1PJB WI6B61 € HAPRITAT ALONG STREAM GOR.RIn p-Q Jay i RIPARIAN HA13IT-AT AND G.O.NT-RO66ING EROSION, AND BY REQUIRING THAT AREAS C39 9 TREES AND NATUP.Al ~rGr_~rnTlnr;1 A 9 cC AND \~n~iATEoIeinvc B nn^INTAI ED TO T 44E ^A~~~Y~,Is,A Ate A CYTCAIT DnCC1R1 G CC pCnl IIpC TL.IAT. nC\/CI nDMCnIT PROPOSALS IAI nCClf!n1ATn ~ P RCDGn 0!3,T eRCAC RC DG\/IG1AICn TI-Ip/'111(!~ TIJCDI AnI AICn nC\/CI nD11ACnIT DDnr CQ To AAA~A~ 17C TUC All IAARCD' nC TDCCC DCMn\/Cni AND €Qk E CAbI:IST€R PPE DEV911= PM€NT IN AREAS HAVING 0111 nl ICC HABITAT \/eLl IC AS n€61NEATED ON -THE "FISH AN n 1^!11 nl ICC 4J ABITAT rLr-s-r- ~ wrs-wTr,cv c„ c r n sv, , r c , MAW ON CIIcC' GITV vr.~c-i.rs AT -r•r, T-H9 cv, , r. cl Annp CCC rnAl R DI II C REQI IIDCMCnITC DCDTAInllnlr TO T4.IC Dp CCIsA \LATInnL4 1AfC 01PQ N THE I nr^TION, nl l^I ITV' Anln rn TLIIC /L`nAl G DC\/ICIAr \Ar11 I INN I IDE NTITY OF IA 9RAND. ICHIM&TI AND SIT-96 ARE IGA l V ANID CrICAITICIre I I V ~IGPIIF-ICANT. CI-T-I 161 v- iAII=L D^DTIGIDATC Ip,J_AA nr. kOMMENDA44Gi.,`a' rydR r~ THE DDnT roc-btrwwlnEwea~~ Iti+r €STJ9N AND PR€R€RVl4TION 9r--,~ T,HORR o IA=-.I An1n epcec n€R-IGNAT€B -AS SIGNIFIGANT. T149 r1TV SH 1 rnnaRI ER MC rert3Al= 5 RF=V'Inr ns \nrcl I nnin nRCnc RcRnRF= THE r1T40a n.rxT orolnror RE-VICW BUT nln I ATCD T14A^I DEGEMRCD 93400[: (Rev. QFd. 85 13i GFd. ~pl C^ACAITATInAI CTDnTCr_ICC 4. Ue-SJty-shall -seRsider the isous+@R-ef-afl ,ad@gaate-aFneaRt-sf land-adjaseRt~-tsa-fleadpJaJR-eF draJRageway-far-deftatfGPAG-the-GitVRatuFa4r- way systwn,w#ish--allls sdppeJt e~dstlRQ-gaf~Jtats I T;e-City-shall-eRSeufage, threagh the-PaRRed-BevelepmeRt-Rrasess,-the-reteRtfen Af large=vag habitat-mar. an pAvate and-pkiblIG laRdS JFlel"P,94wenteded-plant4nd-aRJFRaJ GeFA ~FRitf@S 3. The-Glty-shaN-FeWew-all. develepFnent pFepesals-ad)aseRt-te-wildlife-habllat-mas-te ,easUFe that ad~refs@ IRaparts -eR-aRy-w Idlife-habRatareas arm-FRJRJR~i~ed-and, if Reed-be Fe ral~ skate-aad leeal-ageneles-Fe lew4he develepFneFt4fGpesater 4. ;eFe there ex sWaFge-er-uAgwe-stands -ef-t#eesaFa}ajeF-vegetatieaaFeas-within-tla914aRRJF -aFea-eR ~Rdeveleped-land, t#e-City -sh eRsupe. #Fat- deveJepmeRt-prapesals-da-net-sdbstantlaally alteF the g" ehaFa@teF o€-the-vegetd#eJ. "Bas -thFebgh-t#e-WanRed-BevekWment nd the "T-Fee GU seden-eftha cer 1RiWR!ty'Dev8{epmeRW~ede, 3.7 kl I=JRdings L-t lJsteFis-feataFes .pFevlde-a BRIE-u~lt# the past ago-addnhaFasteF-an eslgR- ~1R#eFttlRate, uGh of :AgaFd's heFitageaas-akeady-been-4estte-URFnaRaged-develeprF♦en wlt#~-eRlya few-dlstlnst MFUM RH FefRal#JR%. i e4eslp of-develepmeRts within the a MMURIty raa-~e-fe f1ft4tf'le-design of stFUStUFer. as .tai ey Felate le site an d-#tjPGoen-4a , s6FFei+RdiaQ-aFea4se aaity design}--Bethaspests,ate of egaat-impe#aase. • -~eedafsbitest+~Fai design -Ismssssswy te-pr$vide-~ .saatvadety-and=allGW foFifld+viddai-ideRt+ty -At-tbe same-ti n geed-amm-Rity-desigR-pFevidean-sense -efuRity will; etheir-develepmeRt-while -elWnating eeRf Gong-appeaFaR6es: R9L-~G1~ TAG. CITY RHAl I QUITICVt ANID GD!'1 iAf1TC THE PRESERVATIQN AND PROTECTION OF WSTIQ ;oA6i=a' 5f1 . IoIP'Idi A6LY SIG B RATE995 T8 pFesep.19 the RuR!ly's histwyafi4dex of histeae sites shall de-avaitaale to t#~e4eReFa4Ublib.. A-pFegFan! shall be-developed- to acg . Fe-a-numbeF et_-bistbft stRuetaFes-identi#i a ityabealdaeRSide F ihe-FeRevatieR=e€ a i . FIG,stfastaFe-asaR bisleFie-FRaseum OF-salt4al-senter~nd-meeting-bats-adslt as-BaFhO Sstaeet e-Std-WAdmitt-and -jo :PgaFd-Home Agenda Item No. o Q Council Meeting of 1p /a%/ul City of Tigard Tigard Business Meeting Minutes TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: August 26, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION Track 1 Mayor Dirksen called the meeting to order at 6:30 p.m. • Discuss Whether to Participate in the Oregon 150 Giebrat on Assistant City-Manager Newton reviewed the information distributed to-the City Council regarding the plans to celebrate Oregon's 150`h year of being a state. At a minimum Assistant City Manager Newton suggested that the regular events the City conducts would adopt this as a theme during the months of April and May, i.e., the SOLV event. City Council members agreed with Mayor Dirksen that this is a good idea, but at this time participation will be minimal. Track 2 • Council Agenda Scheduling Assistant City Manager Newton reviewed the Council Service Task Force recommendation regarding shortening City Council meetings. Council members received information regarding types of meetings with outside agencies and program/department reports. The Council will meet with Metro, the School District, and TnMet since the City Council goals are directly related to these agencies. For other agencies, the City Council will no longer schedule agenda sessions for them to give updates; rather, the City Council would like to receive a written report or suggested these agencies be encouraged to record a video presentation and air it on the government channels. The City Council will no longer meet with the Senior Center Board. TIGARD CITY COUNCIL/LCRB MINUTES -August 26, 2008 Qty of Tigard X13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 13 City Council will continue to receive the short updates during the citizen communications; periodically, TVF&R will give updates on the Tigard stations. Program/Department Reports: When there is a special presentation to be made by the City Council for people who have worked on a program, then the Council would like a short report on the program. Boards and Comrnittees: City Council will continue to meet with these groups regularly. Mayor Dirksen asked if there was some activity planned to kick-off the Neighborhood Program Assistant CityManager Newton reported that in the next Cit)scape the Steering Committee would be unveiled. Only one neighborhood does not have a webpage. Annual meetings will start this fall. In January or February, the City will host an open house so neighborhoods can display what they are doing. This open house will occur every year.. In response to a question from Councilor Buehner, Assistant City Manager Newton agreed that the City Council members' presence at this event would be good. Track 3 • City Council agreed to cancel the November 11, 2008, City Council meeting; this is Veterans Day, a City holiday. • City Council received written testimony for Agenda Item No. 6 - Legislative Public Hearing - CPA 2008-0003 - Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 5: Natural Resources and Historic Areas. Associate Planner Floyd will include reference to this testimony during his staff report. • City Council reviewed the schedule for upcoming Council meetings. • EXECUTIVE SESSION. The Tigard City Council went into Executive Session under ORS 192.660(2) (e) and (h) to discuss real property transaction negotiations and for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. City Council reconvened the Study Session. • Councilor Buehner distributed a map showing the urban reserves draft study area; a copy is on file in the City Recorder's office. The Reserves Steering Committee has reviewed this configuration, which shows the area often referred to as the "donut." The Committee is to vote on whether this is the appropriate study area for the urban reserves to go forward. Councilor Buehner asked for Council direction. She said her only concern was with the adjustment to add a small part of Multnomah Countywhere it would have been more TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 13 logical to use either Germantown Road or 185`h as a boundary. Councilor Buehner said she has not received an answer as to why the proposed boundary was selected, which is irregular because it follows along a creek that meanders in and out of the county. Mayor Dirksen said he thought Councilor Buehner should pursue this boundary question. In response to a notation by Councilor Wilson, City Attorney Ramis reported that the urban reserves area does not go into Marion County near Wilsonville. Marion County declined when asked if they would be willing to participate in the urban reserves through an Intergovernmental Agreement. Yamhill County also declined. 1. BLJSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:32:12 PM 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Sherwood ✓ Councilor Buehner ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 7:32:51 PM 1.5 Call to Council and Staff for Non-Agenda Items: None 7:33:01 PM 2. CITIZEN COMMUI\IICATION • Tigard Area Chamber of Commerce Update: President Lisa Watts introduced the new Tigard Chamber CEO, Chris Zoucha. Mr. Zoucha will be serving the Chamber full-time beginning next week. A new office manager will be hired. He reviewed the September schedule, which will include the Governmental Affairs Meeting on September 9 to discuss upcoming ballot measures. The annual golf tournament will be September 11. President Watts advised that Leadership classes would start in January 2009. • Citizen Communication 7:36:00 PM Brad Johnson, 8000 SW Bond Street, Tigard, OR 97224 spoke about safety concerns in his neighborhood. During the past year, the residents of SW Bond Street located TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 _1 www.tigard-or.gov Page 3 of 13 between SW 7V' Avenue and SW 81" Avenue have grown increasinglyconcerned about the high-rate of speed of vehicle traffic. He referred to a recent street connection that occurred with the development of Gage Forest; the volume and speed of traffic on SW Bond Street has increased dramatically. He reported that there are 19 children who live on a two-block stretch on Bond Street between 79 h Avenue and 815` Avenue. During the past year, several parents have witnessed near-accidents on Bond Street. Residents have contacted Tigard City police to see what could be done to address the problem The police have been sympathetic and more attentive to the area; however, thus far it has little effect on mitigating what the residents feel are unsafe speeds. He reported an incident from the night before, where a motorist used the street as a "drag strip" and left a 145-foot long skid mark just before the stop sign at 79`'' Avenue. Mr. Johnson advised that neighbors are in the process of drafting a petition and following the process to place speed humps on Bond Street to mitigate excessive speeding. He referred to a similar situation resulting in speed humps on Ashford Street. Mr. Johnson said his communication tonight should be considered the beginning of an ongoing entreat to the City Council requesting significant meaningful action be taken to reduce traffic speeds along Bond Street. In response to a question from Councilor Woodruff about what the cost would be for speed humps, Mr. Johnson understood it would be $1000 to $1500. He said he would be willing to pay much more because it is such a safety concern. In response to a question from Council President Sherwood, Mr. Johnson confirmed he had talked to City staff about speed humps; however, while sympathetic it is still early in the process. The neighbors were concerned that this would be an issue when the development was proposed and it is now time to get something done. Councilor Buehner said the "children at play" signs have helped in her neighborhood. Mr. Johnson said there is a sign like this on Bond Street. Mayor Dirksen commended Mr. Johnson for the proactive actions. Mayor Dirksen said he did not think there would be a problem with getting speed bumps on this street unless there would be some engineering issue regarding the street. Usually, the only delay is because of the expense, but if Mr. Johnson and his neighbors are willing to cover the cost, this should expedite the process. Mayor Dirksen added there are other options rather than only speed humps for traffic canning devices that might be better for the neighborhood. 7:45:14 PM Dean Kirkpatrick, 8050 SW Bond Street, Tigard, OR noted there was a "Child at Play" sign around the corner that was run over. TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of B 7:45:48 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA (Tiganl City Cbtax Load CorrhactReziewBa d and City Center Dezel nvrt AWxy) 3.1 Approve City Council Minutes for June 17 and 24, 2008 3.2 Approve Intergovernmental Agreement between the City of Tigard and the State of Oregon Department of Transportation for Installation of a Signalized Crosswalk on Hall Boulevard 3.3 Approve Intergovernmental Agreement with Clean Water Services to Develop a Private Water Quality Facility Management Plan - Resolution No. 08-49 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH CLEAN WATER SERVICES TO DEVELOP A PRIVATE WATER QUALITY FACILITIES MANAGEMENT PLAN 3.4 Name the Tigard Library Park Shelter as the "Muhammad Saili Memorial Shelter" and Planting a Tree in the General Vicinity of the Shelter in Honor of Drs. H. Achmad Amins, Mayor of Samarinda, Indonesia - Resolution No. 08- 50 A RESOLUTION NAMING THE TIGARD LIBRARY PARK SHELTER AS THE "MUHAMMAD SAILI MEMORIAL SHELTER" AND PLANTING A TREE IN THE GENERAL VICINITY OF THE SHELTER IN HONOR OF DRS. H. AC FMAD AMNS, MAYOR OF SAMARINDA, INDONESIA 3.5 Local Contract Review Board: a. Award Contract to Murray, Smith & Associates, Inc. for the Design and Construction Management of the 10-Million Gallon Reservoir Site Improvements Including a Pump Station and Reservoir Seismic Evaluation/Upgrades b. Award Contract to Water Truck Service, Inc. for Street Sweeping Services and Authorize the CityManager to Execute the Contract Motion by Councilor Wilson, seconded by Councilor Woodruff, to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 Gty of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page S of 13 7:47:47 PM 4. AMENDMENT TO RESOLUTION NO. 08-06, THE RESOLUTION OF NECESSITY FOR BURNHAM STREET AND ASH AVENUE IMPROVEMENTS a. City Engineer Duenas presented the staff report regarding proceeding with acquisition with all properties needed for the construction of improvements to Burnham Street and Ash Avenue. Before the Council was a proposed resolution amending the original Resolution of Necessity, which would authorize the GtyManager to negotiate and enter into agreements on this project, including those valued at $75,000 and higher. b. Council consideration: Motion by Council President Sherwood, seconded by Councilor Wilson, to approve Resolution No. 08-51. A RESOLUTION OF THE CITY COUNCIL AMENDING RESOLUTION NO. 08- 06 TO AUTHORIZE THE CITY MANAGER TO PROCEED WITH ACQUISITION OF ALL PROPERTIES, INCLUDING THOSE VALUED AT $75,000 AND HIGHER, FOR CONSTRUCTION OF IMPROVEMENTS TO BURNHAM STREET AND ASH AVENUE The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 7:50:11 PM 5. QUASI-JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00004/ZONE CHANGE (ZOM 2008-00001- JIVANJEE ZONE CHANGE REQUEST: The applicant is requesting approval for a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for two lots totaling 1.18 acres from Medium- Density Residential (R-12) to General-Commercial (GG). LOCATION: 11580 and 11600 SW Hall Boulevard; Washington County Tax Assessor's Map 1S 135DD, Tax Lots 100 and 1600. The site is bounded by SW Hall Blvd. on the west, Hwy. 217 on the east, property zoned GG on the south, and property zoned GP on the north. TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 6 of 13 CURRENT ZONING: R 12: Medium Density Residential District. The R 12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. Wide ranges of civic and institutional uses are also permitted conditionally. CURRENT COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. PROPOSED ZONING: CG: General Commercial District. The CG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences, which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. PROPOSED COMPREHENSIVE PLAN DESIGNATION General Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals # 8 (Transportation) and # 12 (Locational Criteria); and any applicable Statewide Planning Goals and Guidelines, and any Federal, State, or Metro statues or regulations. 7:51:13 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the rules of procedure for the hearing. C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Council President Sherwood noted she frequently drives by this location. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? There were no challenges. d. Associate Planner Pagenstecher presented the staff report identifying the location of the property, the standards of approval, and the plans by the applicant to develop a storage facility, which is not allowed in the current zone. Staff finds that the applicant has met the standards of approval. The Planning Commission recommended that the City Council approve the proposal. TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 Crty of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 7 of 13 Councilor Buehner asked how it happened that there was an island of residential land in the middle of general commercial zoning. Associate Planner Pagenstecher advised staff looked into this question, but found no legislative information as to why this occurred. He said it might have been possible that there was residential development on the site that was being accommodated with the residential zoning. Density requirements are met with either commercial or residential zoning designation for this property. In response to a question from Mayor Dirksen, Associate Planner Pagenstecher advised the applicant has applied for a pre-application conference, which is scheduled for next week. Associate Planner Pagenstecher said the applicants have indicated they would like to access the property off Warner Avenue and retaining an emergency access on Hall Boulevard. Access remains to be determined in the conditional use permit review. 8:00:14 PM e. Public Testimony - Applicant Saj Jivanjee, 9055 SW Beaverton-Hillsdale Highway, Portland Oregon noted his agreement with the staff presentation. He noted they plan to add an additional storage to the one they have already completed. He described what the proposed storage facility would look like; the new building would have more windows and would be aesthetically pleasing. f. Associate Planner Pagenstecher recommended that City Council approve the Comprehensive Plan and Zoning Map amendments by adopting proposed ordinance. 8:00:56 PM g. Mayor Dirksen closed the public hearing. h. Council Discussion and Consideration: Ordinance No. 08-12 In response to a question from Councilor Woodruff, Council President Sherwood noted there was an existing older apartment building and housing in this area located on a bluff overlooking Highway 217. Associate Planner Pagenstecher advised the existing dwellings would be a non-conforming use. TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of 13 8:02:05 PM Motion by Council President Sherwood, seconded by Councilor Buehner, to adopt Ordinance No. 08-12. AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT, CPA 2008-00004, AND ZONE CHANGE ZON 2008-00001, TO CHANGE THE COMPREHENSIVE PLAN DESIGNATIONS AND ZONING MAP CLASSIFICATIONS FOR TWO LOTS TOTALING 1.18 ACRES FROM MEDIUM DENSITY RESIDENTIAL (R 12) TO GENERAL COMMERCIAL (GG) SUBJECT TO A CONDITION OF APPROVAL LIMITING THE TRIP GENERATION RATE TO THAT ALLOWED OUTRIGHT UNDER THE EXISTING R-12 ZONING 8:02:5.5 PM Mayor Dirksen commented that when the City Council considers changes such as this, Council considers traffic impacts and changes in the residential capacity that we have in the City. This piece of property is small; therefore, the impact is slight. 8:03:25 PM The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 8:03:46 PM 6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003 - TIGARD COMPREHENSIVE PLAN UPDATE PERTAINING TO STATEWIDE PLANNING GOAL 5: NATURAL RESOURCES AND HISTORIC AREAS REQUEST: To amend the current Comprehensive Plan to include goals, policies and recommended action measures to reflect current community conditions and values relating to Tigard's Natural Resources and Historical Areas. 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 Zoning Districts. TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 9 of 13 APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7 and 11. 8:03:57 PM a. City Attorney Ramis reviewed the rules of procedure for the hearing. b. There were no declarations or challenges. 8:06:53 PM C. Mayor Dirksen opened the public hearing. d. Associate Planner Floyd presented the staff report; detailed speaking notes prepared by Mr. Floyd are on file in the City Recorder's office. 8:21:18 PM Councilor Buehner recalled that there were two workshops before the Planning Commission and the Commission received public testimony at the workshops as well as at the public hearing. Councilor Buehner added that the City Council also held a workshop and took public testimony also. In response to a question from Mayor Dirksen, Associate Planner Floyd advised there were about six to nine members who served on the Policy Interest Team for this section of the Comprehensive Plan update. Councilor Woodruff asked about Page 5-2, Paragraph 1. He noted appreciation for the addition of some unique features but wondered why Summer Creek was not added. After brief discussion, Associate Planner Floyd said staff would add Summer Creek to this section. e. Public Testimony 8:23:54 PM Warren Aney, 9403 SW 74`h Avenue, Tigard OR 97223 submitted a letter for the record; a copy is on file in the City Recorder's office. As a professional wildlife biologist, he advised he supports the plan, but noted his concern about the phrase "to the extent feasible." He would like for this wording to be strengthened and offered several alternatives. Councilor Buehner thanked him for the time he gave to the City for this effort. Mayor Dirksen commented on the word "feasible" and said he, too, spent time thinking about alternative language. He concluded that this word will work because it allows us to consider individual circumstances and factors when determining whether TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 City d Tigard ' 13125 SW Hall B1vd., nTTud, OR 97223 \ ~ "-;o-37-3 9-4171 www.tigard-or.gov Page 10 of 13 criteria have been met. Eventually, the City Council would make the final determination on whether "feasible" was adequately addressed for each circumstance. Mr. Aney concurred with Councilor Woodruff's observation that he would prefer wording that would indicate "as much as possible" and agreed this was subjective. Councilor Wilson said he would agree with Mr. Aney if this was Development Code language; however, this is for the Comprehensive Plan, which is a guide for writing the Development Code. City Council will be the ultimate arbitrators of what is feasible. Resources and Development Code language still need to be identified and this language would be much more specific. The Comprehensive Plan represents "aspirational" language. He said he hoped that Mr. Aney would be involved when the Development Code language is prepared. Councilor Wilson responded to a question from Mr. Aney advising he thought the aspirational language is needed because the City Council is in a position of balancing the budget and competing interests; the language gives the City Council some flexibility. Mayor Dirksen added if this flexibility was not allowed, it could potentiallycon nit the City to actions, which might not even be legally defensible. f. Staff Recommendation: Associate Planner Floyd advised that staff found that 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. Therefore, staff recommends adopting language forwarded by the Planning Commission found in Exhibit A of Attachment 1, as amended by the recommended changes in Attachment 2. 8:33:13 PM g. Mayor Dirksen closed the public hearing. h. Council Consideration: Councilor Woodruff advised, while nothing will please everyone, he is satisfied with the work and adjustments made during the numerous meetings, which included citizen involvement. Councilor Buehner thanked the Planning Commission and staff for all of their work referring to the numerous hours spent on this matter. The Mayor acknowledged the work of the Policy Interest Team. This will be a good guide for this City Council and future City Council members to deal with issues with trying to balance human habitat and natural resources preservation within the confines of the urban growth boundary - this has been a challenge and this goes a long way toward moving forward. TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 11 of 13 8:35:53 PM Councilor Wilson said staff did a good job of responding to City Council's August 5 comments. A policy still needs to be made on Policy No. 7 referring to the three alternatives presented. He said he thought any of the alternatives could be included. While he thought Alternative 2 could be adopted, the Council would probably implement something that would be closer to Alternative 3 in terms of eventual Development Code language. 8:37:14 PM Councilor Buehner concurred with Councilor Wilson and leans toward Alternative No. 3. Councilor Woodruff agreed. Mayor Dirksen noted his concern with No. 3 is that it implies that the City is a bystander during these actions. He suggested combining the wording for No. 2 and 3. Mayor Dirksen noted his preference for Alternative No. 2. There was consensus by the City Council for Alternative No. 2. 8:39:58 PM Motion by Councilor Wilson to approve the staff recommendation with the insertion of Alternative No. 2. Mayor Dirksen suggested including Summer Creek in the list of resources and Councilor Wilson agreed to this suggestion. There was brief discussion. Councilor Wilson rephrased the motion: "I move that we adopt Ordinance 08-13 according to the staff recommendation with the following changes: The insertion of Summer Creek before Fanno Creek in the list of resources and among the three alternatives in Policy 7, that we include Alternative No. 2." Councilor Woodruff seconded the motion. ORDINANCE NO. 08-13 - AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00003 TO UPDATE THE GOALS, POLICIES AND RECOMMENDED ACIION MEASURES PERTAINING TO NATURAL RESOURCES AND HISTORIC AREAS, STATEWIDE PLANNING GOAL 5, AS AMENDED. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 12 of 13 8:43:05 PM 7. COUNCIL LIAISON REPORTS Councilor Buehner announced her stepson is participating in the Olympics for the US 8-man rowing team The team took the bronze medal. 8. NON AGENDA ITEMS: None. 9. EXECUTIVE SESSION: Not held 8:43:32 PM 10. ADJOURNMENT Motion by Councilor Woodruff seconded by Council President Sherwood, to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes t erine Wheatley, City Recorder Attest: r ty of Tigard Date: / 0- D 1 V U I:\ADM\Cathy\ CCIv1\2008\080826f inal.doc TIGARD CITY COUNCIL/LCRB MINUTES - August 26, 2008 Crty of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 13 of 13 AGENDA ITEM NO.2 - CITIZEN CON MUNICATION DATE: August 26, 2008 (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 of persons 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: 0 a k-r,-. S-0 0%, Also, please spell your name as it sounds, if it will help 3c~ °f h the presiding officer pronounce:..,, o r Address -7q d- ~Isf ~ty State -CA Zip f77 Phone No. 66o 3 ~e - 6852 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 7:38:42 PM 2. CITIZEN COMMUNICATION • Citizen Communication Andrew Spiak, 9825 SW OWIara, Tigard, OR 97223 asked about the house that the City of Tigard purchased "next door." He said he called the City and was not able to find out how much this cost. This was formerly the "Schaltz" house. He asked when did the City buy it, what the process is for buying property, the cost, and what the City will be using it for. City Manager Prosser said he did not have the details with him and he would need to follow up with Mr. Spiak He gave a general response: The property was purchased within the last six to eight months. Staff learned it was coming on the market and came to the City Council. The City Council gave staff the go ahead to talk to the property owners. An appraisal was done on the property and the City paid the price named in the appraisal. He told Mr. Spiak that he can't remember the price and will need to look it up. Mr. Spiak referred to a price of $846,000. Several Council members responded that this figure was not the price. Mayor Dirksen said it was more like $535,000. Mr. Spiak asked if this was for both properties. Qty Manager Prosser responded that the City purchased the "white house" property first and then staff learned the "back house" was available. An appraisal was also done for this home and it was purchased. This purchase was completed in late spring or early summer. The City now owns both properties. In response to a question from Mr. Spiak regarding the intended use, City Manager Prosser said the property will add to the Fanno Creek Park, so it's part of the park system now. The back house will probably come down to expand the grounds. The front house will likely be kept as some sort of public resource; i.e., meetings, wedding receptions, etc. This would go through a master planning process. Mayor Dirksen advised the City has held a couple of events there. There was a Council goal session (team building) and a reception to celebrate signing the Tigard/Lake Oswego water partnership agreement. Mayor Dirksen said the City saw these purchases as a great opportunity to gain control and bring the creek bank on that side of Fanno Creek, opposite to where we already had park land, into public ownership where it could be improved and the riparian corridor restored. Mr. Spiak asked if the public hears about these things before they happen? Mayor Dirksen said the City Council acted quickly on these purchases because it came on the market and we needed to react in a "market way." City Manager Prosser added the process on these purchases was that staff heard that it was going to be listed for sale, we brought it to Council in Executive Session because potential property acquisitions are discussed in Executive Session. Once the deal was put together, the Council discussed it in open session and gave the authorization to move ahead. Mayor Dirksen advised that another component of public process occurred. The City of Tigard had a park and recreation board. About a year ago, Council asked this Board to do an inventory of properties available in the City of Tigard. The City is aggressively attempting to find open space and properties that can be added to the parks inventory. Neither of these properties were on the inventory as part of the Park Board process because they were not recognized as being available. At the time when we were looking at exploring purchasing them, we alerted the park and recreation board to this opportunity and asked them whether they thought this was appropriate and in line with their goals. The Board was enthusiastic that we should move forward with the purchases. The Council felt confident that the purchases were in keeping with the overall goals the City has to expand our parks properties. Mr. Spiak said he is frustrated because of spending three-quarters of a million dollars to buy these two houses and referred to the economy. He asked how the City gets that kind of money and then added that it comes "from the people." Councilor Sherwood advised these purchases were funded by SDC money (system development charges) for parks. Mr. Spiak asked if we are "going into the wedding business." Mayor Dirksen said that's not the goal. It's a possible use for it, but that's not the goal. The goal is to preserve the property, restore the creek side and make it part of Fanno Creek Park so it will be available for public use. Mayor Dirksen noted that Rene Nelson signed up to speak; however, her topic is the Brentwood Annexation, which will be the subject of a public hearing later in the meeting. Lisa Hamilton-Treik, 13565 SW Beef Bend Road, Tigard OR 97224 and Kathy Palmer 14260 SW Idigh Tor Drive, Tigard OR 97224 addressed the Council as representatives of Citizens Participation Organization (CPO) 4B. Ms. Hamilton-Treik advised she is a resident of unincorporated Bull Mountain. She advised she was before the City Council at the request of the CPO-4B Steering Committee. She referred to the area of coverage by CPO-4B and 4M. She said in May the residents of the Tigard area along Barrows Road learned of the proposed closure of Barrows Road and those residents brought this to the attention of the CPO. The CPO placed that isle as their main topic of discussion at the June meeting. This drew a number of people who were concerned about the road being closed. Many people did not understand what was going on with the bridge and the long-range transportation plan. What came out of that meeting was a resolution requesting that an effort be made to find a way to keep that road open until the Davies extension happens. A second meeting of CPO-4B was held in July on this matter and it was also well attended. At both CPO meetings representatives were present from the City of Tigard and Washington County. In July, staff from Beaverton also attended. Ms. Hamilton- Treick thanked the City of Tigard for sending those staff persons to the CPO to speak on this issue. Ms. Hamilton-Treick said that members of the CPO learned before their meeting in July adjourned, that it looked like the City of Tigard, Washington County, and the City of Beaverton had all come together in a cooperative effort to find a way to affordably keep that bridge open. She referred to a CPO resolution urging the Washington County Board of Commissioners and the Washington County Department of Land Use and Transportation to authorize repair of the bridge on Barrows Road and to keep Barrows Road open. She said she was before the City Council to thank the members and to commend them on the collaborative effort to find a solution to that problem. She presented the City Council with a copy of the resolution. (CPO-4B Resolution No. 08-01). Kathy Palmer, said she lived in unincorporated Washington County, her address is cited above. On September 11, 7-9 p.m., the CPO has invited the Tigard Historical Association and the Washington County Historical Society to talk about the history of the area and how it relates to the rowth in the County, i.e., the development of Tigard and Bull Mountain. On the 2" the CPO meeting will be devoted to introducing candidates running for public office. All of the public is invited to their meetings. From the success of the Barrows Road resolution, it can presumed that the CPO-4B is actively aware of what their area residents are concerned about. She congratulated the people who came together to make that work. Lisa Hamilton-Treick said she saw a notice that Tigard staff was successful in getting the Metro 30-year I-nigh Impact Traffic Open House held in Tigard. She said that was commendable for them to have noticed that it was overlooked and taken the initiative to get that corrected. Ms. Hamilton-Treick said that her family has a lot of history with the house on Hall Boulevard that the City recently acquired. Mayor Dirksen said he recalled that Ms. Hamilton Treik used to live in that house. She said they have many happy memories about that house. It is a "magical" place and she said she could not be more pleased that it is coming into public use. She offered to bring photographs from the 1980's that the City might want to archive. She congratulated the City on this acquisition and she hoped that as people come to understand the value of this home, they will come to make peace with the cost. Councilor Woodruff commented that there were a number of people attending the water agreement signing who were curious about the history of the property and house. He welcomed any information that Ms. Hamilton-Treick that might shed light on the history. Councilor Buehner thanked Ms. Hamilton-Treick for letting the City Council know what is happening at the CPO. Councilor Buehner referred to the New Seasons store to be built on Barrows Road and asked about its status as she thought construction was going to start this summer. Ms. Hamilton-Treick advised that Gramor Development has done a fabulous job with staying in touch with the CPO. Gramor did a presentation in the spring and her recollection that construction was delayed until 2009. t:\nDM\Cathy\C 2v4\2008\Excerpts\080812 Citizen Gmununication.doc Agenda Item # Meeting Date August 26, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approval of an Intergovernmental Agreement between the City of Tigard and the State of Oregon Department of Transportation for installation of a signalized crosswalk on Hall Blvd Prepared By: Vannie Nguyen Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should Council approve and authorize the City Manager to execute an Intergovernmental Agreement with the State of Oregon Department of Transportation (ODOT) for installation of a signalized crosswalk on Hall Blvd? STAFF RECOMMENDATION Staff recommends that Council, by motion, approve and authorize the City Manager to execute an Intergovernmental Agreement with ODOT for installation of a signalized crosswalk on Hall Blvd. KEY FACTS AND INFORMATION SUMMARY • A Pedestrian Crosswalk project on Hall Blvd to provide a safe crossing for users of the Fanno Creek trail is funded in the amount of $80,000 in the FY 2008-09 Capital Improvement Program. • The project would install a signalized crosswalk to connect the Fanno Creek trail west of Hall Blvd to the continuing trail on the east side of the street, to be constructed following the crosswalk. • An IGA is required by ODOT prior to ODOT's issuance of a permit for installation of the crosswalk signal. • The main provisions in the IGA specify City installation of a pedestrian activated signal and ODOT assumption of the ownership and maintenance of the equipment. In addition to paying the construction estimated cost of $80,000, the City is required to pay approximately $5,000 yearly for electrical power and necessary maintenance of the signal, to be provided by ODOT. • The IGA was prepared in close coordination between ODOT and City staff and has been reviewed by the City's attorney for legal sufficiency. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Project location map FISCAL NOTES Execution of the IGA does not require any allocation of funding. However, after the execution, staff expects that a crossing permit will be issued by ODOT for installation of a crosswalk signal. The signal project is funded in the amount of $80,000 in the FY 2008-09 CIP. iAeng\2008-2009 fy clpNall blvd crosswalk (at fanno creek pathway)tcouncil - igat8.28.08 hall blvd crosswalk iga ais new.doc PROPOSED CROSWALK LOCATION N Proposed crosswalk Fonno Creek Trail - Segment 7A To be constructed in conjunction with crosswalk - - I - - -FANNO I OVA RA ST m \/i L I C~ J&t/C r p , J ` r -&,`ARY 01 I ti / CO WALL REGINA LN CoNDOMPN~UMS LL, 1f1 Misc. Contracts and Agreements ,No. 24,745 COOPERATIVE IMPROVEMENT AGREEMENT Hall Boulevard Pedestrian Signal at Fanno Creek Trail MP 5.70 Beaverton-Tualatin Hwy THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred, to as "ODOT"; and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "CITY," collectively hereinafter referred to as the "Parties." RECITALS 1. Beaverton-Tualatin Highway (Hall Boulevard) is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Fanno Creek Trail is under the jurisdiction and control of the CITY. 2. By the authority granted in ORS 190.110, 366.572 and 366.576, ODOT may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. By the authority granted in ORS 810.210, ODOT is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon state highways at places where ODOT deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than ODOT, except with its written approval. Traffic signal work on this Project will conform to the current ODOT standards and specifications. 4. By the authority granted in ORS 366.425, ODOT may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the ODOT. When said money or a letter of credit is deposited, ODOT shall proceed with the Project. Money so deposited shall be disbursed for the purpose for which it was deposited. 5. Fanno Creek Trail is a 15-mile multi-use paved trail for walkers, runners and bicyclists under the jurisdiction of the City of Tigard at its intersection with Hall Boulevard. Trail users must cross Hall Boulevard, a busy highway, to access the continuing Trail on the other side of the highway without the safety benefit of signal or marked cross-walk. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: Agreement No. 24,745 City of Tigard TERMS OF AGREEMENT 1. Pursuant to the authority referred to in the Recitals, ODOT and CITY agree to the CITY'S installation of a pedestrian activated signal, illumination, signage, marked crosswalk and sidewalk ramps or paved connections leading to the crosswalk at milepoint 5.70 of Hall Boulevard, hereinafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of $80,000 in funds available to the CITY. The estimate for the total Project cost is subject to change. CITY shall be responsible for any Project costs beyond the estimate. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project. The useful life is defined as twenty (20) calendar years. The Project shall be completed within two (2) calendar years following the date of final execution of this Agreement by both Parties. CITY OBLIGATIONS 1. This Agreement is conditioned upon the CITY obtaining a permit to "Permit to Occupy or Perform Operations upon a State Highway" from the assigned ODOT District 2A Project Manager. CITY agrees to comply with all provisions of said permit, and shall require its developers, contractors, subcontractors, or consultants performing such work to comply with said permit. 2. CITY, or its consultants, shall conduct the necessary field surveys, environmental studies, traffic investigations; identify and obtain required permits; arrange for relocation or reconstruction of any conflicting utility facilities, and perform all preliminary engineering and design work required to produce plans, specifications, and cost estimates. 3. CITY shall, prior to its advertisement for construction bid proposals, provide the Project preliminary and final plans and specifications to ODOT's District 2A Project Manager for review and written concurrence. The plans must be approved by ODOT Office of the State Traffic Engineer. ODOT District 2A Project Manager shall coordinate all such reviews. 4. CITY shall, upon ODOT's written review and concurrence of final plans, prepare the contract and bidding documents, advertise for construction bid proposals, award all contracts, pay all contractor costs, and furnish all construction engineering, field testing of materials, technical inspection, and Project manager services for administration of the Project. 2 Agreement No. 24,745 City of Tigard 5. CITY shall cause the Project to be designed and constructed in accordance with ODOT standards and shall upon completion of the Project, CITY shall release ownership of all Project traffic signal equipment to ODOT. 6. CITY, or its consultant's, electrical inspectors shall possess a current State Certified Traffic Signal Inspector certificate, in order to inspect electrical installations on state highways. The State District Permitting Office shall verify compliance with this requirement prior to construction. 7. CITY shall lay out and paint the necessary lane lines and erect the required directional and traffic control signage for the Project. 8. CITY shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from ODOT District 2A Maintenance Office, forward to ODOT an advance deposit in the amount of $10,000.00 for the Project, said amount being equal to the estimated total cost of the work performed by ODOT as identified in "ODOT Obligations." CITY agrees to make additional deposits as needed upon request from ODOT. 9. Upon completion of the Project and receipt from ODOT of an itemized statement of the actual total cost of ODOT's participation for the Project, CITY shall pay the amount which, when added to CITY's advance deposits, will equal 100 percent of actual total ODOT costs for the Project. Any portion of said advance deposits which are in excess of ODOT's total costs for the Project will be refunded or released to CITY. 10. CITY certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of Project. 11. CITY certifies that no right of way acquisition is required for this Project. 12. CITY shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation, its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this Project. 13. Notwithstanding the foregoing defense obligations under the paragraph above, neither CITY nor any attorney engaged by CITY shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that CITY is prohibited from defending the State of Oregon, or that CITY is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against CITY if the State of Oregon elects to assume its own defense. 3 Agreement No. 24,745 City of Tigard 14. All employers, including CITY, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. CITY shall contractually bind each of its subcontractors-to comply with these requirements. 15. CITY acknowledges and agrees that ODOT, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of CITY which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after completion of Project. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by ODOT. 16. CITY shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 27913.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, CITY expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 17. CITY shall construct the Project in accordance with the requirements of ORS 276.071 including the public contracting laws with ORS Chapters 279A, 279B and 279C, as applicable to this Agreement. 18. If CITY chooses to assign its contracting responsibilities to a consultant or contractor, CITY shall inform the consultant or contractor of the requirements of ORS 276.071, and shall bind said Contractor(s) to comply with the public contracting laws within ORS Chapters 279A, 279B and 279C. 19. CITY shall be responsible for and pay to the power company 100 percent of the power costs for the Project traffic signal equipment. The power company shall send power bills directly to CITY. 20. CITY shall, upon signal turn-on, be responsible for 100 percent of the necessary maintenance costs for the Project traffic signal equipment during the life of the Project. ODOT shall bill CITY for all of maintenance costs for the Project traffic signal equipment monthly. The estimated annual cost for the necessary maintenance and electrical power is $5,000. 21. The Special Provisions for the construction contract work for this Project shall include the following stipulations: 4 Agreement No. 24,745 City of Tigard a. Contractor shall indemnify ODOT and CITY and name ODOT and CITY as a third party beneficiaries of the resulting contract, and to obtain and keep in effect during the term of the contract Comprehensive or Commercial General Liability Insurance covering bodily injury and property damage. This insurance shall include personal injury coverage, contractual liability coverage for the indemnity provided under this Agreement and products/completed operations liability. b. Contractor shall indemnify, defend and hold harmless CITY, ODOT and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, sub-contractors, or agents under this Contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to ODOT and CITY. This insurance shall include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage shall be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence shall not be less than $ 1,000,000 for each job site or location. Each annual aggregate limit shall not be less than $ 2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial Business Automobile Liability Insurance covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence shall not be less than $1,000,000. e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the Contract shall include ODOT and CITY and its divisions, officers and employees as Additional Insured but only with respect to the Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. f. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurer(s) to ODOT and CITY . Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract. 22. If during the course of the CITY's work on the Project any survey monuments and/or 5 Agreement No. 24,745 City of Tigard milepoints are damaged, removed, or otherwise interefered with as a result thereof, the CITY shall be responsible to provide that all such survey monuments recorded with a county and within or adjacent to the highway right-of-way shall be preserved in accordance with ORS 209.140 and 209.150. Any such damage, removal, or interference shall be the responsibility of the CITY as provided for and in compliance with ORS Chapter 209 stipulations, the ODOT Right of Way Monumentation Policy, and at CITY's own expense. CITY is also responsible, at its own expense, for replacement of any additional ODOT survey marks or other monumentation not recorded with a county that are damaged or removed during the course of the Project. In the event of such replacement, CITY shall contact ODOT's Geometronics Unit for replacement procedures. 23. CITY shall, upon successful completion and acceptance of each portion of Project by ODOT, relinquish all physical improvements made as part of Project within ODOT jurisdiction to ODOT. Any and all design drawings, manufacturer or contractor's warranties, guarantees, operation manuals or similar items necessary to operate or maintain the physical improvements will be provided to ODOT at the time of relinquishment. Upon request, the City shall receive copies of said items referenced above as needed during the life of the Proj ect. 24. Upon completion of the Project, CITY shall submit three (3) sets of "As Constructed" drawings to Sam Hunaidi at ODOT District 2A Maintenance Office . One set shall be half size 11 "x 17" mylars, the remaining sets shall be half size (11 "x 17") prints. 25. CITY certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of CITY, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind CITY. 26. CITY's Project Manager for this Project is Vannie Nguyen, P.E., 13125 SW Hall Blvd, Tigard, OR 97223, phone: 503-639-4171, or assigned designee upon that individual's absence. 27. CITY, or its consultant's, electrical inspectors shall possess a current State Certified Traffic Signal Inspector certificate, in order to inspect electrical installations on state highways. The State District Permitting Office shall verify compliance with this requirement prior to construction. The permit fee should also cover the CITY electrician's supplemental inspection. ODOT OBLIGATIONS 1. ODOT hereby grants CITY, and/or contractors, the right to enter onto and occupy ODOT right of way upon issuance of ODOT required permits, for the performance of necessary preliminary engineering, construction, and maintenance of the Project. 6 Agreement No. 24,745 City of Tigard 2. ODOT 2A District Manager or designee shall, at Project expense, issue the required permits and review and provide written concurrence of the Project plans and specifications prior to Project construction. 3. ODOT shall, at Project expense, conduct plan review, Project approval/concurrence, conduct signal inspections, illumination testing inspections, signal turn-on and any additional technical expertise required to complete the Project. 4. Upon execution of the Agreement, ODOT shall forward a letter of request to CITY for an advance deposit in the amount of $10,000 for ODOT services described herein. Requests for additional monetary deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. All deposits shall be applied to any balances due as part of this Agreement and shall be accounted for as payment toward project costs and as provided for under CITY OBLIGATIONS, paragraph 8. 5. Upon completion of the Project, ODOT shall either send to CITY a statement for the amount which, when added to CITY's advance deposit(s), will equal 100 percent of the total ODOT costs for Project or ODOT will refund to CITY any portion of said advance deposit which is in excess of the total ODOT costs for Project. 6. ODOT shall compile accurate cost accounting records. CITY may request a statement of costs to date at any time by submitting a written request. 7. ODOT shall, upon signal turn-on, perform 100 percent of the necessary maintenance of Project traffic signal equipment. ODOT shall bill CITY for all of maintenance costs for the Project traffic signal equipment. ODOT shall only be responsible for the cost of maintenance for Project's roadway improvements crosswalk striping and signage. City is responsible for all power costs. 8. ODOT shall retain all utility and access permit-issuing authority along the state highway. 9. Upon completion of the Project, ODOT shall assume ownership of Project traffic signal equipment and roadway improvements within ODOT right of way. 10. ODOT's Project Manager for this Project is Sam Hunaidi, ODOT District 2A, Assistant District Manager, 6000 SW Raab Road, Portland, OR 97221; Phone: 503-229-5002, or an assigned designee upon that individual's absence. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both Parties. 2. ODOT may terminate this Agreement effective upon delivery of written notice to CITY, or at such later date as may be established by ODOT, under any of the following conditions: 7 Agreement No. 24,745 City of Tigard a. If CITY fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If CITY fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from MOT fails to correct such failures within ten (21) days or such longer period as MOT may authorize. c. If CITY fails to provide payment of its share of the cost of the Project. 3. Either Party may terminate this Agreement upon delivery of written notice to the other under the following conditions. a. If either Party fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow such Party, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. b. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or either Party is prohibited from paying for such work from the planned funding source. 4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 5. If CITY fails to maintain facilities in accordance with the terms of this Agreement, ODOT, at its option, may maintain the facility and bill CITY, seek an injunction to enforce the duties and obligations of this Agreement or take any other action allowed by law. 6. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 7. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver by such party of that or any other provision. 8 Agreement No. 24,745 City of Tigard THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations. Day- to-day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission such as the Oregon Traffic Safety Performance Plan, or in a line item in the biennial budget approved by the Director. SIGNATURE PAGE TO FOLLOW 9 Agreement No. 24,745 City of Tigard CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By By City Manager Deputy Director, Highways Date Date APPROVED AS TO LEGAL SUFFICIENCY APPROVAL RECOMMENDED By By City Attorney Region 1 Manager Date Date By District 2A Manager Date By Technical Services Manager/Chief Engineer Date APPROVED AS TO LEGAL SUFFICIENCY By ODOT Legal Counsel Date 10 m ~ as+HUF+sr WMY 3T IAkDST .Pr tacwx^" sr PEDESTRIAN CROSSING LOCATION ' A Beaverton-Tualatin Hwy/ b Hall Boulevard./Hwy #141 Milepoint = 5.74 FM Sr p o'MIm ~ OND~VISO AND y (Hall Blvd) FIGURE , Beaverton-Tualatin Hw ~ Q125 $W HAU et M, 77GARD• ORfCON 97223 Pedestrian Crossing MCE, 50,3-639-4171 FILE NO 1 r _ i FAX_- 500-574-0752 WWW7WAMD-OR.Cov Location 0542 Agenda Item # Meeting Date 8-26-08 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Intergovernmental Agreement with Clean Water Services to develop a Private Water Quality FaciliMana ement Plan Prepared By: Carissa Collins Dept Head Approval: C- City Mgr Approval: ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Should Council approve a resolution to enter into an Intergovernmental Agreement (IGA) with Clean Water Services (CWS) to develop a plan that will create standard protocols regarding the inspection and assessment of private water quality facilities within the City of Tigard? STAFF RECOMMENDATION Staff recommends that Council approve the resolution for an IGA with CWS to develop a plan that will create standard protocols regarding the inspection and assessment of private water quality facilities within the City of Tigard. KEY FACTS AND INFORMATION SUMMARY In March 2001, CWS completed a water quality facility management plan that provided an inventory and inspection of all public water quality facilities in the District's service area including Tigard. Currently, this plan requires updating in order to include the private water quality facilities that have been constructed since 2001. The cities of Tigard, Tualatin,' and Forest Grove, along with those in the unincorporated areas of CWS's service district, would like to create a private water quality facility management plan. In joint agreement with the cities, CWS has selected a consultant to complete this task that includes inspection of all 615 sites in the member cities, of which 192 are located in Tigard. In addition, this plan will initiate the foll owing: development of standard protocols; identification of any facilities needing immediate improvement; recommendation of strategies for on-going inspections and enforcement procedures; and development of public education and outreach strategies and materials. It is a CWS mandate that the City develop a private water quality facility management plan that fulfills all of the requirements mentioned above. OTHER ALTERNATIVES CONSIDERED 1. Direct staff to develop the plan in-house. 2. Hire an outside consultant to develop the plan. CITY COUNCIL GOALS N/A l:\LRPLN\Council Materials\2008\8-26-08 AIS-IGA with CWS.doc ATTACHMENT LIST Attachment 1: Resolution entering into an IGA between Clean Water Services and the City of Tigard to develop a Private Water Quality Facilities Management Plan. Exhibit A: Intergovernmental Agreement between CWS and the City of Tigard. FISCAL NOTES The City of Tigard's cost for consultant services is $42,658. This amount will be allocated by budget amendment from the Water Quality/Quantity Fund. 1:\I.,RI'I.N\Council Materials\2008\8-2G-08 AIS-IGA with CWS.doc Agenda Item # 3 L/ Meeting Date August 26, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Resolution Naming the Tigard Library Park Shelter as the "Muhammad Saili Memorial Shelter" and Planting a Tree in the General Vicinity of the Shelter in Honor of Drs. H. Achmad Amins. Mayor of Samarinda Indonesia Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the Council adopt the resolution naming the Tigard library park shelter as the "Muhammad Saili Memorial Shelter" and Planting a Tree in the General Vicinity of the Shelter in Honor of Drs. H. Achmad Amins, Mayor of Samarinda, Indonesia? STAFF RECOMMENDATION Staff recommends the Council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY ■ Between 2001 and 2005, the City of Tigard participated in the International City/County Management Association's (ICMA's) Resource Cities Program. ■ City of Tigard representatives were paired with representatives from Samarinda and Bahkpapan, Indonesia. ■ The representatives visited each other's cities several times throughout the partnership to share technical knowledge and forge relationships with their foreign counterparts. ■ Muhammad Saili, the Secretary, or chief administrative officer for the City of Samarinda, participated in the Resource Cities Program. Mr. Saili died last year at a relatively young age. ■ Tigard citizen and former City Manager Bill Monahan was also one of the participants in the Resource Cities Program. Attached is a letter from Mr. Monahan requesting the Tigard library shelter be named after Mr. Saili and the ICMA partnership. ■ In accordance with Indonesian protocol, it is customary to also recognize Drs. H. Achmad Amins, the Mayor of Samarinda when acknowledging Mr. Saili. Therefore, a tree will be planted in the vicinity of the shelter in Mr. Amins' honor. ■ In accordance with Resolution No. 99-37, the Council has the authority to name City facilities. ■ A dedication ceremony is planned for September 13, 2008, as part of the Family Fest activities. OTHER ALTERNATIVES CONSIDERED The Council could chose not to name the shelter after Mr. Saili and not to plant a tree in honor of Drs. Amins. CITY COUNCIL GOALS None ATTACHMENT LIST 1. Resolution Exhibit A - July 12, 2008 Letter from Mr. Monahan 2. Resolution No. 99-37 Exhibit A - Tigard Memorial Policy for Naming City Park Facilities, Distinct Elements within City-Owned Properties, and City Buildings FISCAL NOTES The plaques, tree, and landscaping materials will cost an estimated $800. There is $110,000 in the FY '08209 Parks Repair and Grounds Maintenance Fund. Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO.99=3?_ - A RESOLUTION ESTABLISHING A POLICY Or THE CITY COUNCIL ON PLACING MEMORIALS IN CITY PARKS. WHEREAS, the Tigard City Council desires to have a policy for designating memorials within City park facilities, City-owned properties and with the naming of building and park properties; and WHEREAS, the City Council recognizes that over the past several years, various park lands have been acquired by the City of Tigard and various facilities have been built at City parks and properties which could appropriately be named in memory of individuals who have provided service to the community; and WHEREAS, in the past the City has named properties or facilities in memory of individuals without the benefit of an established City policy; and WHEREAS, the Council wishes to have a formal policy to apply for ofcial naming of City parks, facilities and features within parks. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby adopts the Memorial Policy described in Exhibit "A' attached hereto. PASSED: This O day of AAnJ 1999. or -City of Tigard ATTEST: jA2 City Recorder -City of Tigard i_1admkathy1counct1\rcso1ution memorial policy.dot RESOLUTION NO.99-,3 7 Page 1 EXHIBIT "A" TIGARD MEMORIAL POLICY FOR NAMING CITY PARK FACILITIES; DISTINCT ELEMENTS WITHIN CITY-OWNED. PROPERTIES, AND CITY BUILDINGS PURPOSE: To outline the policy, criteria and process for designating memorials within City park facilities, distinct elements within City-owned properties and naming of buildings and park properties. BACKGROUND: As the City adds parks, open spaces and public facilities by acquisition and donation, the City has found that there is a need for a process to honor individuals or groups by naming City parks, distinct elements within City-owned properties or City buildings and to place memorials to advise the public of the recognition. In addition, the City has been the recipient of bequests which have required that the. City recognize the financial contributions by memorializing the gift in some way. Finally, in the past, the City has accepted as a term of purchase of park land a requirement that' the City acquired property be developed into a park with a specified park name. In order that the City Council and staff have guidelines to. follow when considering requests that memorials be placed within City park facilities or that City parks or buildings be named after individuals, a policy should be in place. POLICY: Land, facilities and features within property owned by the City of Tigard will be named through an administrative. process in accordance with established criteria that emphasize community. identity and service to the community. Criteria for naming City park facilities, distinct elements within City-owned properties, and City buildings: 1. Memorials within City park facilities - Memorials included within this category are memorials which would be placed on or near basic park amenities; such as benches, picnic tables, trees, shrubs and plaques. If the memorial meets park standards for construction and materials, the Parks Division will. assume maintenance responsibility for the useful life of the memorial. Replacement.of the memorial shall be at the discretion of the Parks Division staff. Interested parties must submit a written request to the Parks Division regarding the type of memorial, proposal occasion and significance of the memorial. Parties interested in placing memorials shall be financially responsible for the purchase of the memorial. An extensive review process is not necessary for . these types of memorials. These requests shall be. handled administratively by the Parks Division to ensure that City standards are met. The Parks Division has the right to adjust the location of the proposed memorial. The Parks Division shall notify the City Council of any actions taken to accept and place new memorials within City parks. The standards that the Parks Division will-follow in regard to park*memoriais are: a) Benches - benches must be made of wood, contoured or flat-styled pedestal, outdoor benches unless an altemative material is approved by the Parks Division upon a finding that there are circumstances that exist that make it appropriate to use the alternative material. Any bench to be contributed as a memorial and to be placed within City park facilities shall be purchased through a Parks Division approved manufacturer. A brass plaque may be attached to the bench but shall be no larger than 2'Y2. x 6 inches in size. Prior to purchasing any bench for display in City parks, an interested party must contact City staff and review the example of approved benches maintained.by the City staff. b). Trees - trees planted at City facilities as memorials must be at least 2 inches caliper, native to the area and fit into the existing landscape scheme of the park area or fit into the adopted plan for tree planting in that area. c) Plaques - plaques may be placed in conjunction with a sfirub or tree which are donated to the City as a memorial. Plaques shall not be placed as stand alone features. Plaques must be made of bronze and be no larger than 8 %Z x 11 inches in size. Plaques must be set.in concrete, aggregate rock, or a boulder. City staff shall review the design of plaque and setting. Examples of the type of plaques approved by the City shall be made available by Parks staff. ..2. Distinct elements within City-owned parks - Memorials can be placed at distinct elements. of City-owned properties, such as shelters, sports fields, gardens, wetlands., tennis courts, rooms, fountains, ponds, paths, art, etc. Individuals interested in having a.distinct element named in honor of an individual are required to submit a written request to the Tigard City Council regarding the particular type of amenity in which they are interested in sponsoring. Applications shall be made through the Parks Division. Requests for such amenities may be made to honor an individual who has passed away or as an honorarium for someone who is living and has made a contribution to the City, either financially or through civic duty. Review of such requests shall be made by the City Council. Council approval is needed. Guidelines regarding signage shall be adopted by Council based on recommendations made by the Parks Division. The standards that the Parks Division will follow in regard to signage will be kept on record at the Public Works office. Examples of suitable signage will be available for public viewing. 3. Naming of buildings and park properties - City buildings and park properties may be named to honor individuals or groups. Interested parties shall submit a written request to the Tigard City Council regarding ttie property or building which they are interested in having Council name in honor of an individual or group. In addition, the City Council on its own.motion, may consider naming a building or park. This type of memorial requires extensive review and Council approval in the form of a resolution. City staff will deal with guidelines for Council consideration. The standards that the Parks Division will follow in regard to signage will be kept on record at the Public Works'office. Examples of suitable signage will be available for public viewing.. JAadmlmemorial policy.doc Agenda Item # Meeting Date August 26, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award a Contract for the Design and Construction Management of the 10-Million-Gallon Reservoir Site Im rovements Including a Pum Station and Reservoir Seismic Evaluation U des Prepared By: Dennis Koellermeier Dept Head Approval: AV - City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the LCRB award the design and construction management contract for the 10-million-gallon reservoir site improvements, including a pump station and reservoir seismic evaluation/upgrades to Murray, Smith & Associates, Inc.(MSA) and authorize the City Manager to execute the contract? STAFF RECOMMENDATION Staff recommends awarding the contract to MSA. KEY FACTS AND INFORMATION SUMMARY The City is contemplating several tasks associated with the 10-million-gallon reservoir project. Along with other site improvements, these tasks include building a new pump station, conducting a seismic evaluation of the reservoir, and possible seismic upgrades. Pump Station Replacement ■ The City's Water Distribution System Hydraulic Study recommends the replacement of the existing pump station at the 10-million-gallon reservoir. ■ The existing pump station in undersized and has been in continual operation for 18 years. Reservoir Seismic Evaluation/Upgrade ■ The 10-million-gallon reservoir is the City's largest reservoir. It is over 30 years old. ■ Seismic design standards have changed dramatically since the reservoir was constructed in 1976. ■ A seismic evaluation will determine if seismic reinforcement of the reservoir is merited. ■ There would likely be some cost savings and efficiencies in performing any seismic upgrades in conjunction with the pump station replacement and other site improvements. Request for Proposals ■ Three consulting firths submitted proposals. A selection committee reviewed the proposals based upon each firm's qualifications and experience, project understanding and approach, and overall cost. ■ The bids are as follows: Bidder Bid Amount Carollo Engineers $987,405 CH2M Hill, Inc. $996,776 Murray, Smith & Associates, Inc. $541,256 ■ The bid from MSA was about $450,000 less than the other two bids. Staff confirmed that they submitted a responsive bid. MSA is a smaller, local firm that has recently underbid other firms on similar projects such as the City's recent 550-Foot Reservoir No. 2. MSA's work on Reservoir No.2 has been satisfactory and their bid appears to have been realistic. Given this information, staff is not concerned about the difference between MSA's bid and the bids of the other two firms. OTHER ALTERNATIVES CONSIDERED The LCRB could chose not to award this contract to MSA and could provide staff with direction on how to proceed with the site improvements, pump station, and reservoir seismic evaluation/upgrades. CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES The cost of design and construction management is $541,256. A total of $4,387,000 is budgeted for the entire project (design, construction management, construction, computer control system, etc.), with $3.5 million allocated in FY '08209. There are adequate funds to cover the proposed design and construction management services. Once design is complete, the City will issue an Invitation to Bid for the construction of this project. This contract will come before the LCRB at a future meeting. Agenda Item # 3.S b Meeting Date August 26, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City. Of Tigard, Oregon Issue/Agenda Title Award a Contract for Street Swee in Services Prepared By: Dennis Koellertneier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the LCRB award the street sweeping services contract to Water Truck Service, Inc. and authorize the City Manager to execute the contract? STAFF RECOMMENDATION Staff recommends awarding the contract to Water Truck Service, Inc. KEY FACTS AND INFORMATION SUMMARY ■ The City is responsible for street sweeping, street flushing, and removal of debris from approximately 140 miles, or 280 curb miles, of Tigard roadways. ■ Staff has determined outsourcing this work continues to be the most efficient and economical way to accomplish the City's street sweeping tasks. ■ The contract with the City's current street sweeping provider ends on September 7, 2008. ■ An Invitation to Bid was issued for street sweeping services, and two bids were received: Bidder Bid Amount Water Truck Service, Inc. $134,978 Great Western Sweeping Inc. $176,830 OTHER ALTERNATIVES CONSIDERED The LCRB could chose not to award this contract to Water Truck Service, Inc. and could provide staff with direction on how to proceed with street sweeping services. CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES The cost of street sweeping services for the first year of the contract will be $134,978; $218,000 has been approved for these services in the FY '08209 budget. The contract will be for an initial term of one year and may be extended for four additional one-year terms. The total expense of the contract, if all five years are exercised, is estimated to be $674,890. Agenda Item # Meeting Date August 26, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Amendment to Resolution No. 08-06, the Resolution of Necessity for Burnham Street and Ash Avenue Improvements Prepared By: A.P. Duenas Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL Should Council approve an amendment to Resolution No. 08-06 to authorize the City Manager to proceed with acquisition of all properties needed for the construction of improvements to Burnham Street and Ash Avenue? STAFF RECOMMENDATION That Council pass the proposed amendment to Resolution No. 08-06. KEY FACTS AND INFORMATION SUMMARY • Tigard City Council approved Resolution No. 08-06 declaring the need to acquire property for the construction of improvements to Burnham Street and Ash Avenue in the City of Tigard. • Section 3 of Resolution No. 08-06 authorized the Tigard City Manager and the City's attorneys to negotiate and enter into agreements for purchase of those properties, but limited that authorization to properties valued under $75,000. • City Council has subsequently reviewed and concurred with the appraised values for properties valued at $75,000 and higher and is interested in seeing the property acquisition proceed expeditiously so that that construction of the improvements can be scheduled. • A proposed resolution amending the original Resolution of Necessity is submitted for Council consideration to authorize the City Manager to negotiate and enter into agreements for purchase of all properties needed for the Burnham Street and Ash Avenue improvements. The final step in the execution of purchase agreements $75,000 and higher is formal Council approval at a Council business meeting, which is typically required on purchase agreements exceeding the City Manager's signature authority. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS The improvements to Burnham Street and Ash Avenue strongly support and advance the City Council goal of "Implement the Tigard Downtown Urban Renewal Plan." ATTACHMENT LIST Proposed resolution amending Resolution No. 08-06. FISCAL NOTES The properties to be acquired for the two projects vary in size and in value. Just compensation for the properties will be based on the appraisals performed on them. A total amount of $1,900,000 is budgeted in Fiscal Year 2007- 08 to complete the project design, land acquisition, and begin construction on Burnham Street. For the Ash Avenue Extension Project, $378,920 has been set aside for the design and land acquisition on that project. 1:\ENG\G US\Council Agenda Summaries\8-26-08 Amendment to Resolution of Necessity for Burnham Street and Ash Avenue Improvements AIS.doc AGENDA ITEM No. 5 Date: August 26, 2008 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN- UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00004/ZONE CHANGE (ZCA) 2008-00001 JIVANJEE ZONE CHANGE Due to Time Constraints City Council May Impose A Time Limit on Testimony I/AD W Cathy/CCSignup/QJPH0080826 AGENDA ITEM No. 5 Date: August 26, 2008 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. V M COMMUNITY PUBLIC HEARING ITEM: %MWS The following will be considered by the Tigard City Council on 6605 SE Lake Road, Portland, OR 97222 Tuesday August 26 2008 at 7:30 PM at the Tigard Civic Center PO Box 22109, Portland, OR 67269 - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Phone: 503-684-0360 Fax: 503-620-3433 Public oral or written testimony is invited. The public bearing on this matter will be held under Title 18 and rules of Email: procedure adopted by the Council and available at City Hall ' legaladvertising@commnewspapers.com or the rules of procedure set forth in Section 18.390.060.E. The Council will hold a public hearing on the request prior to making a decision. AFFIDAVIT OF PUBLICATION Further information may be obtained from the City State of Oregon, County of Washington, SS of Tigard Planning Division (Staffcontact: Gary 1, Charlotte Allsop, being the first duly sworn, Pagenstecher) at 13125 SW Hall Blvd., Tigard, depose and say that I am the Accounting Oregon 97223 or by calling 503-6394171. Manager of The Times (serving PUBLIC HEARING ITEM: Tigard, Tualatin & Sherwood), a newspaper of COMPREHENSIVE PLAN AMENDMENT (CPA) 2008- general circulation, published at Beaverton, 00004/ZONE CHANGE (ZON) 2008-00001 in the aforesaid county and state, as defined - JIVANJEE ZONE CHANGE - by ORS 193.010 and 193.020, that REQUEST: The applicant is requesting approval for a Compre- hensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map City of Tigard - Current Planning Classifications for two lots totaling 1.18 acres from Medium-Den-' Notice of Public Hearing - Jivanjee Zone sity Residential (R-12) to General-Commercial (C-G). LOCA- Change TION: 11580 and 11600 SW Hall Boulevard; Washington County TT11185 Tax Assessor's Map 1S135DD, Tax Lots 100 and 1600. The site is bounded by SW Hall Blvd. on the west, Hwy. 217 on the east,s A copy of which is hereto annexed, was property zoned C-G on the south, and property zoned C-P on the published in the entire issue of said north. CURRENT ZONING: R-12: Medium-Density Residential for District. The R-12 zoning district is designed to accommodate a newspaper full range of housing types at a minimum lot size of 3,050 square 1 feet. A wide range of civic and institutional uses are also permit- successive and consecutive week(s) in the ted conditionally. CURRENT COMPREHENSIVE PLAN DES- following issue(s): IGNATION: Medium-Density Residential. PROPOSED ZON- August 7, 2008 ING: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family resi- ~-c dences which are located on the same site as a permitted use. A Charlotte Allsop (Accounting M pager) wide range of uses, including but not limited to adult entertain- ment, automotive equipment repair and storage, mini-warehouses, Subscribed and sworn to before me this utilities, heliports, medical centers, major event entertainment, and Au ust 7, 2008 gasoline stations, are permitted conditionally. PROPOSED COM- 9 PREHENSIVE PLAN DESIGNATION: General Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals #8 NOTARY PUBLIC FOR OREGON (Transportation) and #12 (Locational Criteria); and any applicable My commission expires` Statewide Planning Goals and Guidelines, and any Federal, State, _ , l ov I a I or Metro statues or regulations. Acct #10093001 Patty Lunsford diciNIn,M P City of Tigard - Current Planning Sl --PA^_008 ()a ~Ti 13125 SW Hall Blvd. NOTA, 0001 Tigard, OR 97223 CON! KF~ I t~Eg ZO -E MY COMMISSION Ell f Size 2 ° Amount Due $192.05 LEGa (remit to address above) ® ISrrHJECT _ A P„hl;ch 217/7MR TT1 1 1 RS Jivanjee - CPA 2008-00004 and ZON 2008-00001 Agenda Item #5 - August 26, 2008 Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website, and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the application standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member will not participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A. Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the parties requesting annexation and those in favor of the proposal testify. Next witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the proponents can respond to them. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the proponents can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You may testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. You should to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. The point is, come to the microphone to get your comments on the tape, otherwise, they won't be preserved for appeal. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. I:\ADM\Cathy\CCA\quasi judicial rules of procedure\Rules of Procedure -City Attorney QJ statement 45 -jivarjee -CPA 2008-00004 - ZON 2008-00001.doc Agenda Item # Meeting Date August 26, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Jivanjee Comprehensive Plan Amendment and Zone Change - Public Hearing Quasi- Judicial (PHQ.J) Prepared By: Gary Pagenstecher Dept Head Approval: G 110 City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve the attached Ordinance approving a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for two lots totaling 1.18 acres from Medium Density Residential (R-12) to General Commercial (C-G)? STAFF RECOMMENDATION Staff recommends the City Council approve of the Comprehensive Plan Map Amendment and Zoning Map Amendment by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY The applicant's proposed Comprehensive Plan Amendment and Zone change do not include a specific development proposal. However, the applicant has indicated that he would propose a storage facility similar to the one currently under construction on the adjacent property to the south off of Warner Avenue. That use is currently not allowed in the R-12 zone, hence the amendment request. The applicant's proposal to change the zone on 1.18 acres from R-12 to C-G could result in additional trips to Hwy 99W, a state facility that is already not meeting service levels. ODOT has commented that with a trip cap, this issue could satisfactorily be addressed to meet the provisions of the state Transportation Planning Rule. The proposal would reduce the City's capacity for residential density required under Metro' Title 1 and the City's Housing goals and policies. However, the 1% reduction in buildable lands would not be significant because the City's existing capacity, based on its buildable lands inventory, is substantially in excess of the minimum requirement. The proposal may affect existing residential development in the vicinity. However, the locational criteria for commercial areas is met and is arguably more suitable for the subject lots than the existing residential zone. Other areas zoned C-P to the east and west of the subject site are adjacent to C-G zoned lands without residential zoned lands between, as is the case with the subject lots. The proposed zone change would be consistent with the description of the C-P zone in TDC 18.520.020.D which states that "developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas." Staff finds that the proposed Comprehensive Plan and Zoning Map Amendment is consistent with applicable provisions of the Tigard Comprehensive Plan, statewide planning goals and rules, Metro Regional Functional Plan, and Tigard Development code. It provides evidence of inconsistency in the Comprehensive Plan and Zoning Map as it relates to the property which is the subject of the development application. The Planning Commission unanimously recommended approval to City Council of the proposed Comprehensive Plan Amendment, CPA 2008-00004, and Zone Change, ZON 2008-00001, subject to proposed conditions of approval as laid out in the staff report. No public comment was received on the proposal. OTHER ALTERNATIVES CONSIDERED Denial of the proposed Comp Plan Amendment and Zone Change. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Ordinance Attachment 2: Staff Report to the Planning Commission Attachment 3: Planninng Commission Minutes Attachment 4: Existing Conditions Comp Plan/Zoning Map Attachment 5: Amended Comp Plan/Zoning Map. FISCAL NOTES There are no fiscal impacts with the proposed Comp Plan Amendment and Zone Change City of Tigard Study Session -Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: August 26, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION o Discuss Whether to Participate in the Ortgon 150 Celebration o Administrative: ➢ League of Oregon Cities Conference ➢ Council Agenda Process and direction to staff regarding scheduling of agenda items. (Please see attached) ➢ Cancel the November 11, 2008, City Council business meeting? November 11, 2008, is Veterans Day. ➢ Attached is written testimony received today for Agenda Item No. 6 - Legislative Public Hearing - CPA 2008-0003 - Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 5: Natural Resources and HEstoric Areas. Associate Planner Floyd will include reference to this testimony during his staff report. ➢ EXECUTIVE SESSION. The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) and (h) to discuss real property transaction negotiations and for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Council Calendar. September 9* Tuesday Council Business Meeting - 6:30 pm Red Rock Creek Conference Room and Town Hall 16" Tuesday Council Study Session Meeting - 6:30 pm, Town Hall 23'1 Tuesday Council Business Meeting - 6:30 pm Red Rock Creek Conference Room and Town Hall TIGARD CITY COUNCIL STUDY _SESSION _AGENDA - JULY 8, 2008 City of Tigard - 1 13125 SW Hall Blvd., Tigard, OR 97223 _ 503-639-4171 www.tigard-or.gov Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is dasadto certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (fJ - Exempt public records - to consider records that are "exempt bylaw from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (l)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. IA ADM\ Cathy\ CCA SS - Pink Sheet\ 2008\ 080826.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA - JULY 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Agenda Item No. Meeting of 4 ~f v-2 D® Commemorating the Sesquicentennial of Oregon's Statehood in 2009 •I 1211 SW Fifth Ave. Suite L17 Portland, OR 97204 Phone: 503.445.7120 Fax: 503.445.9429 W W W.O AEG ON 150.0 RG fIECEIVED Jim Fairchild, Mayor JUL - 2 2008 City of Dallas City 187 SE Court Street of Tigard Administr Dallas, Or 97338 Administration Office of the Mayor Mayor Craig Dirksen I IN c S\- r r1..1! ■1r Isla: Bali 0. U Tigard 97223 Dear Mayor Dirksen, As you know, on February 14, 2009, the State of Oregon celebrates 150 years of being a state. Because this is such a special event, Governor Kulongoski created Oregon 150, a non-profit organization led by citizen volunteers from across the state, to promote, plan, and coordinate sesquicentennial activities, which will occur throughout Oregon from February 14, 2009 through September 2009. It has been my and Mayor Norris' honor to represent your city and the other 240 cities of Oregon on the Oregon 150 Board of Directors. Over the past year and a half, Oregon 150 has developed six signature events that highlight Oregon's unique culture and history as well as trying to identify her aspirations for the future. However, the real backbone of Oregon's sesquicentennial celebration will be local ownership and participation. The real Oregon is the people who make up our communities. SO, WE NEED YOUR HELP! First, we need you and your Council to identify local activities such as festivals and celebrations that happen each year in your community and for 2009, adjust them to fit into the theme of "Sustaining the Spirit" of 150 years of Oregon and to sign up with Oregon 150 as a partner with these: a.ctiv ities. Second, we need you to identify the person or persons (and it may be you) in your community that "make things happen" so we can contact that individual about becoming the coordinator and contact person for your community. Please return the enclosed card so we can assist and coordinate as your city joins the other cities and counties as well as many public and private organizations as Oregon puts on the biggest birthday party ever. Third, during May 2009, with a special emphasis on the weekend of May 16 and 17, "Take Care of Oregon" events will be occurring. As Chair of the "Take Care of Oregon Days" project committee, I challenge your city and every other city in Oregon to join this effort to make our cities and state a better place in which to live. These projects can range from small clean' up projects to major construction projects such as parks and trails, or painting and rehabilitating public use structures. It's up to each community to decide what needs to be done. As a way of assisting each community, Oregon 150 has contracted with SOLV, Oregon Volunteers and Rural Pk Commemorating the Sesquicentennial of Oregon's Statehood in 2009 •I 1211 SW Fifth Ave. Suite L17 I Portland, OR 97204 Phone: 503.445.7120 1 Fax: 503.445.9429 W W W.OR EGON 150.0 RG Development Initiative in developing and coordinating the projects. Throughout the next month as your contact cards are received, a representative from one of these organizations will be contacting you or your identified local contact about how your city can become a part of the "Take Care of Oregon" event. If you have any question please contact Aili at Oregon 150 (503-445-7120) or me (503-831- 3511). Let's get 100% participation from Oregon's cities. Respectfully, Mayor Jim Fairchild Dallas, Oregon s P I ` 1, ~ ~ ~ ' . . ``_•y~ yam, ~.~{.Mrl .~t0~ _ .F _ P,: t Ja _ _ M, - LT. .w- r • tom. - ~ ar ~ ~ , o hAu ® p a e s TAKE CARE v OF OREGON DAYS , ~a T a from: ° CITY IN OREGON: MAYOR: to., SESQUICENTENNIAL CONTACT NAME: TAKE CARE OF OREGON DAYS PROJECT COORDINATOR l TITLE: SOLV } 5193 NE ELAM YOUNG PKWY MAILING ADDRESS: SUITE B HILLSBORO, OR 97124 PHONE: EMAIL: WEBSITE (IF APPLICABLE): C Liz Newton From: Craig Dirksen [craigd@tigard-or.gov] Sent: Wednesday, August 13, 2008 5:36 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Dartmouth Townhomes, LLC Meeting From: Jack Kearney[SMTP:JKEARNEY(cDREALTYNETWORK.NET] Sent: Wednesday, August 13, 2008 5:35:00 PM To: Craig Dirksen Cc: Gretchen Buehner Subject: Dartmouth Townhomes, LLC Meeting Auto forwarded by a Rule Dear Mayor Dirksen, I apologize for the informal nature of this message, but I am writing to request a meeting with you and/or members of the Tigard City Council to discuss the Specht Local Improvement District and eminent domain issues as they relate to our property (situated on Dartmouth Street between SW 691n and SW 70th Avenues). In late January 2008, City Council adopted Ordinance No. 08-03, enabling the Specht LID. The proposed assessment on our property was approximately $130,000. At the emergency meeting on January 22, 2008, you and Councilor Behner noted that our property should receive special consideration. Your comment was that our property was strictly residential in nature. Councilor Behner commented on the inequity of us purchasing a finished property only to dedicate a portion to the City and be asked to re-finish the property. This Spring, I attended a City Council meeting and mentioned due process issues under the LID, particularly by City Engineer, Gus Duenas. Within a few days, I received a letter from Mr. Duenas requesting that I sign the enclosed form conveying of a strip of our property on Dartmouth Street to the City. Later that week, I spoke with him on the phone. He was particularly pleasant and somewhat conciliatory until I told him that we would not sign the conveyance until we went for final occupancy. I was simply following the guidelines of the City-drafted Site Development Review. I also told Mr. Duenas that we were having trouble financing our project with a $130,000 assessment looming. That was when the eminent domain discussions began. In June, I called LID Manager, Gregg Barry, to determine where we were in the eminent domain process. He informed me that the valuation was zero. I asked him to set up a meeting with someone who could make a decision on the LID and eminent domain issues and not simply mire us in red tape. I renewed that request twice in early July. Since my first request, nearly two months have passed with no results. According to Mr. Barry, the ball is now in Mr. Duenas's court, as Mr. Barry passed the request on to Mr. Duenas. Regarding the eminent domain issues, those matters are proceeding fairly quickly. A few weeks ago, we were offered $350 for the 2,392 square foot strip of property on Dartmouth Street. That works out to $0.14 per square foot. We purchased the property for close to $13.00 per square foot. The appraiser determined that the land was worthless, but had to offer the ODOT-mandated minimum. We refused that "offer" through the appraiser and have not heard from anyone at the City. I called Mr. Barry today for an update. I asked him again to request a meeting and he informed me that he would have to go through the proper channels. The proper channels are not working in the City. My company has been dealing with this issue since December and would like some answers. We have also been making monthly payments on a property that cannot be financed with an open-ended assessment looming. Rather than wait for Mr. Barry, I decided to send you an e-mail. I again apologize for any informality, but wanted to expedite the process. If it would be convenient for you, I could visit City Hall for a Council meeting next week or arrange to meet there with my partners at another time. All the best, 1 +r . John M. (Jack) Kearney Cell (503) 806-1496; Fax (503) 595-5291 Office (503) 248-4663 2 z. ..i„ i Ar'"nz i's no sa: all 1 u Co m t: Please note on the cl}a.p any changes you ihinK S?iouid be rn«de to the study area and piovide an uXrzonaton. it you have o ?G'!'1C +7;1J1','lle.EiiClil e"i tilv+ll em area "hat il`t=.": `r he :i eii,ii iG iilE art£"tiSfS2S { j.. an area of bedrock of a see es of springs4 please cifcle that area and pd'owde inkfr ation belorp~ the rp.a . 66qq~~ e ° 1 4 { t f j } 1 ` k S \ ~ i i f 1.-f } it _ .....f tl4~N~~1^.~,..,.^"^'~--•,^-„ ~f' n'f f f' I fl i a L 4 j I - - - - - - 1 t k' J L_.{ j a L-W - i 1 d f l i. Council Agenda Scheduling Council Reception on the first meeting in January Outside Agency Groups Examples: Metro Washington County Response to Senate Bill 111 Report from DEQ - Health Effects of Wood Smoke Update from the Tigard-Tualatin Resource Center Friends of the Wildlife Refuge TriMet Senior Center Board School District/Tualatin, Durham, King City Short Updates - Scheduled Regularly During Citizen Communications Examples: Tigard High School Student Envoy Tigard Chamber of Commerce TVF&R Quarterly Report Program or Department Reports Examples: Police Dept. Annual Report (TMC says a public report must be given annually; could be a written report on the Consent Agenda. Note: This is also when the Council inspects the jail facilities) Police Department Strategic Plan Annual Emergency Management Update Recognition of Volunteers and Staff Completing CERT Program Police Department Report on Youth Involvement Programs and Activities Annual Emergency Management Program Update View "Water for Tomorrow Video" and Recognize Volunteer Director and Scripwriter Annual Volunteer Program Update Meeting with Municipal Judge Annual Solid Waste Financial Report (Franchise Discussion might be required; if not, then this is scheduled on the Consent Agenda as a Receive & File Item, which is what is usually the case Boards & Committees Youth Advisory Commission Library Board Budget Committee Planning Commission Park and Recreation Advisory Board City Center Advisory Commission Committee for Citizen Involvement (Neighborhood Program) I:\ADM\Cathy\PROJECTS\Council Agenda Scheduhng.docx Carol Krager From: Warren W. Aney [aney@coho.net] Sent: Tuesday, August 26, 2008 10:44 AM To: Cathy Wheatley Cc: Carol Krager; John Floyd Subject: CPA 2008-00003 pertaining to Natural Resources and Historic Areas Mayor Craig Dirksen and members of the Tigard City Council: As a wildlife professional with many years experience in species and habitat management, policy making and planning, I wish to compliment the City of Tigard staff and planning commission for developing an excellent and comprehensive set of goals and policies for protecting and restoring the City's natural resource values. However, these goals and policies have been seriously weakened by interjection of the phrase "to the extent feasible" in a number of key statements. I understand the need to provide flexibility, but this appears to have gone beyond flexibility to the point of almost negating these statements by making it possible for a property manager or decision maker to say, in effect, "we don't have to do this unless we think it is feasible." The inclusion of this phrase dilutes the City's commitment to protect our natural (and historic) heritage. There does not appear to be any definition of what is meant by the phrase, or who would apply or interpret this phrase. Would it be the prerogative of the property owner or manager to decide what is feasible, or would this be determined by City staff or the City Council? There are a number of similar phrases that have somewhat greater strength and commitment while still providing. flexibility, e.g. as much as possible as much as practicable as much as feasible whenever feasible The phrase "to the extent feasible" is weaker and more subject to a minimum action interpretation than any of these examples. So I strongly urge you to remove this phrase from all these statements. If you do include such a phrase, make it clear what it means and who would ultimately decide if it applies. Warren W. Aney Senior Wildlife Ecologist 9403 SW 74th Ave Tigard, OR 97223 (503) 246-8613 phone (503) 539-1009 mobile (503) 246-2605 fax aney(@coho.net i Agenda Item # Meeting Date August 26, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Agenda Title: Public Hearing for Comprehensive Plan Amendment (CPA) 2008-00003 Natural Resources and Historic ea Prepared By: -John Floyd Dept Head Approval: /V City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission recommendation of June 16, 2008 to adopt the Comprehensive Plan Amendment (CPA2008-00003) to update the goals, policies, and recommended action measures pertaining to Natural Resources and Historic Areas (Statewide Planning Goal 5)? STAFF RECOMMENDATION Approve the Planning Commission's Recommendation and adopt the proposed Comprehensive Plan Amendment to update goals, policies, and recommended action measures pertaining to Natural Resources and Historic Areas (Statewide Planning Goal 5). KEY FACTS AND INFORMATION SUMMARY The proposed Natural Resource and Historic Areas Comprehensive Plan Amendment (Statewide Planning Goal 5) is a result of Council's direction to complete a full update of,the Tigard Comprehensive Plan. As part of the background research, 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 stressed the importance of garnering citizen input. Staff has done this through Policy Interest Teams (PITs) that met several times for each chapter. Following these meetings, the Planning Commission held two public workshops on May 5 and May 19, 2008 and two public hearings on June 2 and 16, 2008 during which additional public comment was received. On June 16 the Commission unanimously recommended the Council adopt the updated chapter (Attachment 1) included in CPA2008-00003. This meeting begins the Public Hearing process through which Council must consider the Planning Commission's recommendation and its associated record. Please note that staff has prepared a revised Staff Report (Attachment 2) with updated recommendations, findings and conclusions. Staff finds an updated Staff Report necessary due to the considerable language changes and deliberations that occurred during the Planning Commission hearings in June, and feedback received from Council at the August 5, 2008 Council workshop. Please note that the original staff report is also included in Attachment 4 as Exhibit "A", should the Council wish to review the original. 1:\LRPI.,N\Council Materials\2008\8-2G-08 AIS CC Public Hearing CPA 2008-00003.docx 1 OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission recommendation and adopt CPA2008-00003. 2. Modify the Planning Commission recommendation and adopt CPA2008-00003. 3. Remand to the Planning Commission to hold additional Hearings and deliberations for future consideration at City Council. CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Ordinance Approving Comprehensive Plan Amendment 2008-00003 Exhibit A: Tigard Comprehensive Plan Amendment (Statewide Planning Goal 5) Attachment 2: Staff Report to Council Exhibit A: Letter from Oregon Department of Fish and Wildlife Exhibit B: Letter from Oregon Department of Environmental Quality Exhibit C: Letter from Tualatin Valley Fire and Rescue Exhibit D: Letter from Clean Water Services Attachment 3: Memorandum to the Planning Commission - June 9, 2008 Attachment 4: Planning Commission Meeting Minutes -June 2, 2008 Attachment 5: Planning Commission Meeting Minutes -June 16, 2008 Attachment 6: Memo to Council dated June 18, 2008 FISCAL NOTES N/A I:\LRPLN\Council Materials\2008\8-2G-08 AIS CC Public Hearing CPA 2008-00003.docx 2 AGENDA ITEM No. 6 Date: August 26, 2008 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 CPA 2008-00003 - Tigard Comprehensive Plan, Update Pertaining to Statewide Planning Goal 5: Natural Resources and Historic Areas 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 become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I/Adm/Cathy/Mignup/Leg. PH Comp Plan Amendment AGENDA ITEM No. 6 August 26, 2008 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. WarreA Aviey 9403 5 w Ave TV9arJ,02 9~2Z.3 C5cr-0 2-46 -Q(o t 3 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. >S~~, j WARREN W. ANEY ~la~o~UF~ CERTIFIED WILDLIFE BIOLOGIST, THE WILDLIFE SOCIETY CERTIFIED SENIOR ECOLOGIST, THE ECOLOGICAL SOCIETY OF AMERICA 26 August 2008 Mayor Craig Dirksen and Members of the Tigard City Council 13125 SW Hall Blvd Tigard, OR 97223 RE: CPA 2008-00003 PERTAINING TO NATURAL RESOURCES AND HISTORIC AREAS As a wildlife professional with many years experience in species and habitat management as well as policy making and planning, I wish to compliment the City of Tigard staff and planning commission for developing an excellent and comprehensive set of goals and policies for protecting and restoring the City's natural resource values. However, these goals and policies have been seriously weakened by interjection of the phrase "to the extent feasible" in a number of key statements. I understand the need to provide flexibility, but this appears to have gone beyond flexibility to the point of almost negating these statements by making it possible for a property manager or decision maker. to say, in effect, "we don't have to do this unless we think it is feasible." The inclusion of this phrase dilutes the City's commitment to protecting our natural (and historic) heritage. There does not appear to be any definition of what is meant by the phrase, or who would apply or interpret this phrase. Would it be the prerogative of the property owner or manager to decide what is feasible, or would this be determined by City staff or the City Council? There are a number of similar phrases that imply greater commitment while still providing flexibility, e.g. as much as possible as much as practicable as much as feasible whenever [or wherever] feasible The phrase "to the extent feasible" is weaker and more subject to a minimum action interpretation than any of these examples. So I strongly urge you to remove this phrase from all these statements. If you feel it necessary to include such a phrase then use one that entails greater commitment, define what it means, and make it clear who would ultimately decide if it applies. 4 Bards, Warren W. Aney 9403 SW 74TH AVENUE • TIGARD, OREGON • 97223 PHONE: 503-246-8613 • FAX: 503-246-2605 • E-MAIL: aney@coho.net August 26, 2008 Additional written testimony attached for: 6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003 - TIGARD COMPREHENSIVE PLAN UPDATE PERTAINING TO STATEWIDE PLANNING GOAL 5: NATURAL RESOURCES AND HISTORIC AREAS Cathy Wheatley From: Warren W. Aney [aney@coho.net] Sent: Tuesday, August 26, 2008 10:44 AM To: Cathy Wheatley Cc: Carol Krager; John Floyd Subject: CPA 2008-00003 pertaining to Natural Resources and Historic Areas Mayor Craig Dirksen and members of the Tigard City Council: As a wildlife professional with many years experience in species and habitat management, policy making and planning, I wish to compliment the City of Tigard staff and planning commission for developing an excellent and comprehensive set of goals. and policies for protecting and restoring the City's natural resource values. However, these goals and policies have been seriously weakened by interjection of the phrase "to the extent feasible" in a number of key statements. I understand the need to provide flexibility, but this appears to have gone beyond flexibility to the point of almost negating these statements by making it possible for a property manager or decision maker to say, in effect, "we don't have to do this unless we think it is feasible." The inclusion of this phrase dilutes the City's commitment to protect our natural (and historic) heritage. There does not appear to be any definition of what is meant by the phrase, or who would apply or interpret this phrase. Would it be the prerogative of the property owner or manager to decide what is feasible, or would this be determined by City staff or the City Council? There are a number of similar phrases that have somewhat greater strength and commitment while still providing flexibility, e.g. as much as possible as much as practicable as much as feasible whenever feasible The phrase "to the extent feasible" is weaker and more subject to a minimum action interpretation than any of these examples. So I strongly urge you to remove this phrase from all these statements. If you do include such a phrase, make it clear what it means and who would ultimately decide if it applies. Warren W. Aney Senior Wildlife Ecologist 9403 SW 74th Ave Tigard, OR 97223 (503) 246-8613 phone (503) 539-1009 mobile (503) 246-2605 fax aney(@coho.net i Cathy Wheatley From: John Floyd Sent: Tuesday, August 26, 2008 1:12 PM To: Cathy Wheatley Cc: Tom Coffee; Ron Bunch Subject: FW: Comments on tonights Hearing on Natural Resources Attachments: Tigard Goal 5 Letter.doc From: Mischa Connine [mai Ito: M ischa.A. Con nine@state.or. us] 'Sent: Tuesday, August 26, 2008 12:30 PM To: Sue Beilke; Darren Wyss; John Floyd Cc: John Frewing; Brian Wegener Subject: RE: Comments on tonights Hearing on Natural Resources Hello Alll, I would like to re-submit my comments for tonight's hearing. Please see attached. Thanks much. Mischa Mischa Connine Habitat Biologist Oregon Department of Fish and Wildlife North Willamette District 18330 NW Sauvie Island Road Portland, OR 97231 (503) 621-3488 ext 228 mischa.a.connine(@state.or.us From: Sue Beilke [ mai Ito: sbeil ke@europa.com] Sent: Tuesday, August 26, 2008 12:04 PM To: Darren Wyss; John Floyd Cc: John Frewing; Mischa Connine; Brian Wegener Subject: Comments on tonights Hearing on Natural Resources Darren, I am sending my comments/recommendations for tonight's hearing. Please forward these to the Council. Thank you, Sue May 28, 2008 John Floyd City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Mr. Floyd, The Oregon Department of Fish and Wildlife (ODFW) has reviewed the City of Tigard's draft Goal 5 of the Comprehensive Plan and would like to offer the following comments and recommendations. The City provides one goal, followed by a series of "Policies" which are followed by a series of "Recommended Action Items". The format of this layout is difficult to follow. It is recommended that for each Goal, the Policies and Recommended Action Items are grouped together. Following is an example of the recommended format. Goal 5 Policy 5.1 Recommended Action Item A Recommended Action Item B Recommended Action Item C The City identifies the following resources that are addressed in Goal 5: fish and wildlife habitat, wetlands, streams, groundwater, and historic and cultural resources. It is strongly recommended that fish and wildlife species are also identified as a resource. It is also recommended that the fish and wildlife habitat is separated into wetland and upland habitats. The goal of the City is to "protect natural resources and the environmental and ecological functions they provide; and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity." It is recommended that each of the City's identified resources should be addressed by a policy specific to that resource. For example, there should be a separate policy addressing wildlife upland habitat, fish and wildlife stream and wetland habitat, fish and wildlife species and groundwater. For example: Policy 5.1: Wildlife Upland Habitat Protect, conserve and restore upland habitats related to wildlife, aesthetics, slope protection and groundwater recharge. Encourage increased vegetation, additional wildlife habitat areas, and expansion and enhancement of undeveloped spaces. Upland habitats include all habitats that are not categorized as wetland or waterway. Examples include mixed conifer forest, oak woodland, oak savannah, grasslands, prairie, etc. Recommended Action Item A: Protect, conserve and restore upland habitats and Oregon Conservation Strategy habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Conduct a baseline inventory of all upland habitat types within the City. Policy 5.2: Fish and Wildlife Stream and Wetland Habitat Protect, conserve and restore streams, riparian corridors and wetland habitat which have significant functions and values related to flood protection, sediment and erosion control, water quality, groundwater recharge and discharge, education, vegetation, and fish and wildlife habitat. Recommended Action Item A: Conserve riparian, wetland, and water body natural resources through the designation and protection of transition areas between the resource and other urban development and activities. Restrict non-water dependent or non-water related development within the riparian area. The recommended riparian buffer size is 200 feet for fish-bearing streams and 100 feet for non fish-bearing streams. Recommended Action Item B: Conduct a baseline inventory of all wetland and waterway habitats within the City. Policy 5.3: Fish and Wildlife Species Protect, conserve and restore fish and wildlife populations that contain ESA threatened and endangered, Oregon state sensitive, rare and Oregon Conservation Strategy species through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item A: Protect, conserve and restore stream, wetland and upland habitat that contain ESA threatened and endangered, Oregon state sensitive or Oregon Conservation Strategy species habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Establish a high level of biodiversity within the stream, wetland and upland habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item C: Conduct a baseline inventory of all fish and wildlife species. These examples are not meant to be a comprehensive list of all Policies and Recommended Action Items, but to provide a recommended example of how to adequately protect, conserve and restore the City's natural resources. The Oregon Department of Fish and Wildlife recommends that the City of Tigard includes their Natural Resource Committee to develop a comprehensive list of Policies and Recommended Action Items that will protect, conserve and restore the City's natural resources. The Oregon Department of Fish and Wildlife would like to thank the City of Tigard for the opportunity to provide comments. If you have any questions or would like to discuss the comments and recommendation of this letter, please feel free to contact me. Sincerely, Mischa Connine Habitat Biologist 18330 NW Sauvie Island Road Portland, OR 97231 (503) 621-3488 ext 228 mischa.a.connine@state.or.us August 26, 2008 TO: Tigard City Council RE: Comprehensive Plan Amendment (CPA) 2008-00003 - Natural Resources Dear Mayor Dirksen and Council Members: We are writing in regard to the adoption of the revisions to the city's Comprehensitve Plan (CP) on Natural Resources, Statewide Planning Goal 5. As Councilor Nick Wilson said at the workshop on August 5`h, the current revisions are so general they could apply to any city. We request that you will consider our comments and recommendations so that we can change the revisions so that they don't just fit any city, but rather, are uniquely "Tigard", and reflect the need to strongly protect and restore those many unusual, rare and special natural resources that are part of Tigard and which for many people increase the quality of life here in our city. We ask you to consider the following: • There were only two citizen member meetings held for this section of the CP. We had requested more meetings but this never occurred. We feel the "process" has not been adequate in fully addressing this important section of the CP and we therefore request that based on the lack of input you consider the following: • Originally, at the first citizen meeting, the city planner came with 5 goals and related objectives for each section, such as wetlands, upland forests, wildlife, etc. This was acceptable to citizens and we felt, was an adequate way in which to address the related conservation and restoration aspects for each resource area. Then at the 2nd meeting, all the goals had been combined into one by the planner without citizen input prior to this action. This was not acceptable, but because of the manner in which the meeting was held and the inordinate amount of time spent on discussing several items, including one citizen dwelling on "trees" for a great part of the meeting, nothing changed. Despite our requests throughout this process, staff has decided that one goal is adequate to cover the vast array of natural resources in Tigard. This is insufficient in protecting our natural resources and the one goal is so broad as to be virtually untenable. Rather we request that: • We go back to the original 5 goals to cover each resource area as mentioned above and take out any words such as "where feasible or where possible". The latter verbage seriously weakens any efforts to "protect and restore" and in most cases would allow an "out" for anyone. This "out" then takes away any real and meaningful efforts to restore and protect our natural resources and thus makes the intent of Goal 5 meaningless. As a result, we argue here that the current proposal would not meet the intent of Goal 5 and thus we request the Council to go back and make changes that strengthen the goals and policies of this section of the CP as we have recommended. • We need to include objectives and action items for wildlife that specifically addresses the rare, unique species in Tigard that need additional, special protection such as Oak prairies, red-legged frogs, and western painted and pond turtles. Many of these species are also on state and federal lists which indicate their high priority for protection, restoration, etc. • We make it a priority here in Tigard to preserve, protect and restore these unique and rare species by providing adequate funding for land acquisition, restoration, etc. • We ensure that wildlife and plant surveys are conducted within the next two years in order to capture current conditions and to address species and their conservation needs. I am attaching an email I sent to John Floyd earlier regarding some recommendations I had and I request this be addressed in addition to our above recommendations. In this email we have specific goals, etc. that more adequately address natural resources, etc. and which we recommend be inserted back into the CPA revisions BEFORE it is adopted. In conclusion, we request that Council NOT adopt the CPA as proposed, but rather, go back, work with citizens such as myself and others to strengthen the CPA to ensure that our natural resources are adequately conserved and protected now and in the future. Thank you for your time and consideration regarding Tigard's natural resources. Sincerely, Susan Beilke Board Member, Fans of Fanno Creek; Vice President, Friends of Summer Creek; Director, The Turtle Conservancy 'r ~4-a5c> Ala y~s log Good Evening Mr. Mayor and Councilors. My name is John Floyd, Associate Planner with Long Range Planning. Tonight I am presenting Comprehensive Plan Amendment 2008-00003, which will update and supplement existing policies relating to Statewide Planning Goal 5: Natural Resources and Historic Areas. The recommended language represents the work of two separate Policy Interest Teams and 4 Planning Commission meetings. Like all other sections of the comprehensive plan, the proposed language is a product of public debate and compromise, and received a unanimous recommendation from the Planning Commission after substantial deliberation and wordsmithing to achieve a consensus based document. As you are aware, Council held a workshop on August 5 to discuss the language recommended by the Planning Commission. In response to questions and concerns expressed by Council at that meeting, staff recommends a series of text amendments to the Planning Commission's recommended language. The suggested amendments, and a discussion of each, are found on Pages 3-5 of Attachment 2, otherwise known as Pages 114-116 of the PDF document. Broadly speaking, these changes do the following: • Make the introductory language more "local" by including more specific references to natural resources • Address issues of consistency between the proposed text and the Adopted Significant Habitat Areas Map • Presents Council with a variety of Options for Policy 7 in response to concerns about the strength of the proposed language • Clarifies the intent of Policy 10 1 y • Amends or removes seven Recommended Action Measures to address issues of specificity, conflict with existing practices, or overlaps with other sections of the Comprehensive Plan This morning, staff received three communications regarding tonight's decision. The commenting parties include Mischa Connine, Habitat Biologist with ODFW (Oregon Department of Fish and Wildlife); and two members of the Natural Resources Policy Interest Team, Warren Aney and Sue Beilke. None of these issues are "new" as the Planning Commission addressed each during its deliberations, though Council may wish to deliberate upon these matters further. ODFW ODFW resubmitted their comments of May 28, which express concern with three issues: (1) the overall formatting of the document, (2) the inclusion of fish and wildlife species as an identified resource, and (3) the combining of 5 separate resource categories into one goal rather than 5 separate goals. Staff has already responded to these comments in the staff report included in your packet as Attachment 2 (page 128 of the PDF packet). That said, staff wishes to add the following comments: 1. Overall formatting of the document is consistent with rest of the Comprehensive Plan, as such staff recommends against ODFW's recommended formatting. 2. The draft definition for natural resources, currently under consideration by the Planning Commission under CPA2008-00009, identifies "rare and endangered fish and wildlife" as a natural resource. Staff recommends against the inclusion of just any and all fish and wildlife as a resource meriting protection. 2 3. The umbrella goal and associated policies were made to prevent unnecessary duplication, and staff does not see any advantage or regulatory difference in separate goals and policies for each resource. Warren Anev Warren Aney, a member of the Natural Resources Policy Interest Team, submitted a letter expressing concern over the insertion of the word "feasible" into Goal 5.1 and associated Policies 5.1.1, 6, 7, 8 and 13. He feels that (1) it weakens the overall document, and (2) creates confusion as to who will determine what is "feasible." This is an understandable concern and was the topic of much debate and deliberation at the Planning Commission. Staff recommends retention of the existing language for the following reasons: 1. With one exception, the phrase "to the extent feasible" is used only in reference to restoration, or the use of incentives and disincentives, not resource protection. This was a deliberate decision by the Planning Commission that didn't want to overburden property owners by requiring them to undertake restoration work that may not be possible without a substantial amount of time, money, and loss of usable land, and/or would only provide a marginal increase in resource value or function. In other words, the commission wanted to leave that provision flexible to ensure that any required restoration was reasonable given the circumstances at hand. 2. The sole exception is Policy 5.1.13 which speaks to the preservation or creation of wildlife corridors in parks, open space, and surface water management plans. Such plans are often constrained by the availability of land and funding, and as such feasibility is an appropriate qualifier for this policy. 3. City Council will be the ultimate decider as to what is feasible and how that will be determined. The Council will have an opportunity 3 to apply this discretion through legislative actions such as future amendments to the development code. 4. To further ensure clarity, the word "feasible" has been entered into the draft glossary and reads as follows: "reasonably capable of being done, executed, or effected with the means at hand and the circumstances as they are; practicable." Draft definitions are also included in Attachment 6, or page 225 of your PDF. Beilke Comments were also received from Sue Beilke, another member of the Natural Resources Policy Interest Team. Letter of August 26 1. "Current revisions are so general they could apply to any City" a. Staff has already suggested language amendments to specifically address this concern by Councilor Wilson and others. Staff would also like to remind Council that this document must be timeless and inclusive enough to accommodate new and emerging resource needs of the City. Overly specific policies run the risk of overlooking or excluding natural resources not yet identified. As such, staff recommends against additional revisions based on this comment. 2. "There were only two [Policy Interest Team] meetings held ...we had requested more but this never occurred." a. Staff made a considerable effort to schedule a third meeting and accommodate a diverse array of personal schedules. Unfortunately, when the third meeting was held no one attended. As a result a decision was made to move forward into the Planning Commission phase. 4 r b. Also, the PIT meetings were not the only venue for public comment The Planning Commission held four meetings on the topic, 2 workshops and 2 hearings, in order to accommodate and deliberate upon the extensive public comment submitted by Ms. Beilke and others who received substantially more time than is typically allotted. 3. "at the 2nd meeting all the goals had been combined into one by the planner without citizen input on this action ...we [should] go back to the original 5 goals to cover each resource area..." a. This change was performed under consultation with members of the Policy Interest Team, though it's also possible there was a miscommunication between myself and the PIT members. Ms. Beilke raised this concern at the Planning Commission who deliberated on her request, but in the end decided to maintain the existing umbrella goal as presented tonight. 4. "Take out any words such as "where feasible or where possible". a. Staff s response to Warren Aney's comments have already addressed this matter. 5. "We need to include objectives and action items for wildlife that specifically addresses the rare, unique species in Tigard that need additional, special protection." a. This is a comprehensive plan and to provide directives for individual species would be overly specific. Such specificity is better addressed through tools such as development regulations and species specific management programs. b. Also, Policy 5.1.10 and RAM 5.1.i direct the city to periodically inventory local resources. Management issues would be better addressed after one of these periodic updates, which is also consistent with Policy 5.1.5 and RAM 5.1.v which call for periodic updates and improvements to the code. 5 1 6. "We need to make it a priority here in Tigard to preserve, protect, and restore these unique and rare species by providing adequate funding for land acquisition, restoration, etc." a. As you are aware, funding of land acquisition and restoration is subject to Council's budgetary discretion which must balance the competing demands of the city as it changes over time. b. If Council wishes to include this item, Staff recommends the inclusion of an Action Measures that would call for the city to "Identify and utilize funding mechanisms to support natural resource protection and restoration." 7. "We ensure that wildlife and plant surveys are conducted within the next two years in order to capture current conditions and to address species and their conservation needs." a. Policy 5.1.10 and RAM 5.1.i already call for the city to update and expand its baseline inventory. Staff recommends against the inclusion of a specific timeframe as the implementation of such a survey will require a considerable amount of planning, coordination, and resources which may or may not be feasible or desirable by 2010. Email of May 13, 2008. This portion of her comment letter is substantially out of date and as such many of her comments are no longer relevant to the document under consideration. Also, it repeats concerns expressed in her main letter submitted today. Staff recommends the Council review and consider the comments in light of the substantial changes that occurred during the 3 Planning Commission meetings subsequent to this email. With that staff concludes its presentation. 6 RECOMMENDATION: Staff has found that 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. Therefore, staff recommends adopting language forwarded by the Planning Commission and found in Exhibit A of Attachment 1, as amended by the recommended changes found in Attachment 2. ATTACHMENT 2 Agenda Item: Hearing Date: August 26, 2008 Time: 6:30 PM STAFF REPORT TO THE CITY COUNCIL :h 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 5: NATURAL RESOURCES AND HISTORIC AREAS FILE NO.: Comprehensive Plan Amendment (CPA) CPA2008-00003 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 3: Natural Features and Open Spaces 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 Chapters Citizen Involvement, Environmental Quality, Hazards, Parks and Open space, and Public Facilities and Services; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7 and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the City Council find this request to meet the necessary approval criteria and amend the Tigard Comprehensive Plan as determined through the public hearing process. STAFF REPORT' 1'O THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 1 OF 19 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 eight 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 46,715 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 Council tonight is Natural Resource and Historic Areas Planning (Goal 5), as unanimously recommended by the Planning Commission on June 16, 2008. The Planning Commission hosted two workshops on May 5th and May 19th, and two public hearings on June 2nd and 161h, of this year to discuss the draft introduction, goals, policies, and recommended action measures that were formulated. At the Council workshop of August 5, staff received input from Councilours that has led to the following changes and alternatives to the June 16th recommendation for the Council's consideration: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 2 OF 19 Fish and Wildlife Habitat 11t Paragraph, Page 5-2 Wildlife habitat within the City of Tigard is heavily concentrated adjacent to water bodies, such as Fanno Creek, Summer Lake, and the streatns and wetlands in Cook Park. However, there are patches of upland habitat in drier, higher elevations across the City, such as the forested ravines of Bull Mountain. This upland vegetation not only contributes in providing protective cover for wildlife, but also contributes to the aesthetic quality of the community and serves as an essential element in controlling runoff and soil erosion, moderating temperatures, and reducing air pollution. Staff CommenLM: Staff recommends the inclusion of this language in re pone to Council's concerns that the narrative was insufficiently specific to Tigard. 2nd Paragraph, Page 5-2 The result of the IGA was the City adopting the Significant Habitat Areas Map and voluntary habitat friendly development provisions in December 2006 that seek to protect the wildlife habitat identified within the community. Staff CommentLq,• Staff recommends the inclusion of this language to more clearly articulate the regulatory history, and to respond to a public request by Mr. Fren4ng to reference specific maps. 4ch Paragraph, Pages 5-2 and 5-3 The analysis results show that the City of Tigard has 588 acres of habitat designated as "highest" value " " hi:rAt (i.e. Metro inventoried Class I and II riparian resources within the Clean Water Services Vegetated Corridor). An estimated 370 acres of Class I and II riparian habitat situated outside the Clean Water Services' vegetated corridor are designated as "moderate" value "moderately" hirA . In addition, 422 acres of non-Class I and II riparian resources within the City are designated as "lowest" value including both upland and lower-value riparian habitat areas. Staff Commentary Staff recommends the inclusion of this language in response to Council's concerns that the proposed language was not consistent urith the adopted Significant Habitat Areas Map, in addition to concern over the word "limit" unthin this context. Key Findings 6,h Finding, Page 5-7 Based on the Economic, Social, Environmental and Energy (ESEE) analysis conducted by the Tualatin Basin Partners for Natural Places, 588 acres of the inventoried regionally significant habitat was designated as "Highest" value "striedy 370 acres was designated as "moderate" value " i " and 422 acres was designated as "lowest" value "ligh Staff Commentar• Staff recommends the inclusion of this language in response to Council's concerns that the proposed language was not consistent with the adopted Significant Habitat Areas Map, in addition to concern over the word "limit" within this context. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 3 OF 19 7,h Finding, Page 5-7 In December 2006, the City of Tigard adopted the Significant Habitat Areas Map and voluntary Habitat Friendly Development Provisions (Ordinance 06-20) that encourages the protection of habitat with the use of low impact development practices. Sta Commentary: Staff recommend the inclusion of this language to more clearly articulate the regulatory hi tort', and to re pond to a public request by Mr. Frewing to reference specific maps. Policies 7. Alternative 1: The City shall protect riparian and upland habits, to the - possible, and restore them; to the extent feasible, restore them on beth public and private lands. Alternative 2: The City shall protect and restore riparian and upland habits to the maximum extent possible feasible, an te9tare the" ,`o the extent feasible-, on both public and private lands. Alternative 3: The City shall encourage protection of riparian and upland habits, and to the Ktent possible extent feasible, aad restore them, to the extent feagi le, on bath public and private lands. Sta, ff Commentary: In response to concern expressed by Council at the August S workshop, staff has prepared three alternatives to Policy 5.1.7. During deliberations, the Policy Interest Team and Planning Commission expressed a desire to see both riparian and upland habitats equally protected; this is not presently the case. In addition, they wanted these protections to be strong and required, not optional. The three alternatives above allows the Council to choose from a range of policy approaches, while strill honoring the original desires of previously involved citi.Zens and decision makers. 10: and, eoneuri!eftt with the Periedie Review of the Gafnprehensive Plan, Me"a > or ag > update and 4npreve 49 baseline itwentary of ftattbral . The City shall complete a baseline inventory of significant natural resources and update or improve it as necessary, such as at the time of Comprehensive Plan Periodic Review, changes to Metro or State programs, or to reflect changed conditions, circumstances, and community values. Sta CommentgM:: Staff recommends this amendment for the purpose of clarifying the intent and timing of the Policy. Recommended Action Measures i. Identify and inventory locally significant habitats and plant eormnullitieg natural resources not included in the Nature in Neighborhoods and Tualatin Gbasin Natural Resources Coordinating Committee studies. Sta,Commentar Staff recommends this change in language after receiving comments from Council that the existing language was overly specific. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 4 OF 19 habitat. Stag CommenLM: Staff recommends the removal of this Recommended Action Measure as it overlaps with, and duplicates, language in the Urban Forest subchapter of the Comprehensive Plan. vii. Incorporate bioregional and watershed based conservation strategies, such as those identified in the Oregon Conservation Strategy and Clean Water Service's Healthy Streams Plan, into regulations and restoration programs. Staff Commentary., Staff recommends the inclusion of this langauge to better clarify the intent of this Action Measure, which is the use of conservation strategies that recognize and work with natural resource systems that overlap and are not exclusively within the political boundaries of Tigard. X. Protect and restore natural resources through a variety of methods including, but not limited to, the use of development and land management regulations and incentives that encourage habitat friendly development and provid flexibility in meeting state and regional land use goals, , and eexternal par-I elements thftt qatisf~ the food, water, shelter, ffiabgity, and reproduetive needs of fish wildlife Staff Commenta : Staff recommends amendments to Action Measures x, and deletion of Action Measure xi, in response to feedback received by Council at the August 5, 2008 workshop. Word additions to Action Measure x are in response to comments by Council. Deletion of Action Measure xi is recommended in light of council comments and the significant overlap between the action measures. Supplement or repiftee gretmdwater extraetion with alternative gettrees of water dittiln'11.9, periads of high dernand. areas. Staff CommeL61M..~ Staff recommends the deletion of these action measures due to their unnecessary specificity (action measure xviii), or their contradiction with existing ASR water storage facilities and management strategies (xvii), as pointed out by Council at the August 5 workshop. 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 Goal 5 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 5 OF 19 City's natural resources and historic areas planning program. 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. 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 TI E PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 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 Newly Adopted Chapters 1, 6, 7, 8, and 11 o Old Topics 1 • Applicable Metro Standards o Title 3 and 13 • Statewide Planning Goals o Goals 1, 2, 5, 6, 7, and 11. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Mau 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 Findings: 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 2008-00001 STATEWIDE PLANNING GOAL 2 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: Newly Adopted Comprehensive Plan Chapters Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findin,s: 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 two Planning Commission workshops. 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 May 15, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notices invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 8 OF 19 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. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listserv and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings. 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. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings- Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending two Planning Commission workshops and two Planning Commission Public Hearings. 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. Chapter 6: Environmental Quality Goal 6.1 Reduce air pollution and improve air quality in the community and region. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STA'T'EWIDE PLANNING GOAL 2 PAGE 9 OF 19 Policy 1: The City shall require that all development complies with or exceeds regional, state, and federal standards for air quality. Fps. This policy is satisfied by the proposed amendment through Goal 5.1 and implementing Policies 1, 3, 4, 5, 8, and 12. This Goal and its supporting policies require the City to protect and restore natural resource functions and services. The protected and restored plant communities that form natural resource systems can protect air quality by filtering pollutants, preventing windborne erosion, and performing other air quality functions Policy 2. The City shall support regional and state plans and programs to attain regional, state, and federal standards for air quality. Fps: This policy is satisfied by the proposed amendment through Goal 5.1, and more specifically implementing Policy 4 that requires the City to actively coordinate and consult with other governmental agencies and jurisdictions regarding the protection and restoration of natural resources which can protect air quality by filtering pollutants, preventing windborne erosion, and other air quality functions. Policy 6. The City shall encourage the maintenance and improvement of open spaces, natural resources, and the City's tree canopy to sustain their positive contribution to air quality. Fin_ This policy is satisfied by Goal 5.1 and related Policies 1 through 13. More specifically, Goal 5.1 focuses on the protection and restoration of natural resources consistent with State Planning Goal 5, and is implemented through the thirteen previously mentioned policies which contribute to the protection, enhancement, or mitigation of natural resource elements such as plants that contribute to air quality. Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policy 1. The City shall require that all development complies with or exceeds regional, state, and federal standards for water quality. Findings: This policy is satisfied by the proposed amendment through Goal 5.1 and specifically Policies 1, 3, 4, 5 7, 8, and 12. This Goal and its supporting policies require the City to protect and restore natural resource functions and services, of which the maintenance and improvement of water quality is but one function of natural resources like wetlands and riparian vegetation. Policy 2. The City shall continue cooperation with federal, state, and regional agencies in the management of Tigard's water resources and the implementation of plans and programs. Findings- This policy is satisfied by the proposed amendment through Goal 5.1, and more specifically implementing Policy 4 that requires the City to actively coordinate and consult with other governmental agencies and jurisdictions regarding the protection and restoration of natural resources including wetlands, streams, and groundwater. Policy 3. The City shall encourage the use of low impact development practices that reduce stormwater impacts from new and existing development. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 10 OF 19 FindinPgs: This policy is satisfied by the proposed amendment through Goal 5.1 and implementing Policies 2 and 3 that requires and encourages public and private development to uses sustainable building technologies and low impact development techniques for the purpose of protecting natural resource quality and functions. Policy 4. The City shall protect, restore, and enhance, to the extent practical, the natural functions of stream corridors, trees, and water resources for their positive contributions to water quality. F_ This policy is satisfied by the proposed amendment through Goal 5.1, and implementing Policies 1 through 12. More specifically, these policies require or encourage the protection, restoration, or creation (i.e. mitigation) of existing, degraded, and potential natural resource systems whose natural functions and services include water quality. Policy 6. The City shall continue to collaborate on informing the public of techniques and practices private individuals can employ to help correct water quality issues. Fps: The proposed amendment is consistent with the existing Policy through Goal 5.1 and Policies 1, 3, 4, and 11. Policy 1 requires the City to protect natural resources and restore natural resources through a variety of methods, of which education can be one part. Policy 3 encourages the use of sustainable building technologies and low impact development techniques which will protect or improve water quality. Policies 4 and 11 require consultation and education of local landowners regarding the protection and restoration of natural systems including streams and wetlands which are key components of water quality. Chapter 7: Hazards Goal 7.1 Protect people and property from flood, landslide, earthquake, wildfire, and severe weather hazards. Policy 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and, where possible, find ways to restore and enhance these areas. Findings: This policy is satisfied by the proposed amendment through Goal 5.1 and implementing Policy 4 that requires the city to actively coordinate with other governmental jurisdictions and agencies regarding the protection and restoration of natural resources such as streams and wetlands. Chapter 8: Parks, Recreation, Trails, and Open Space Goal 9.1 Provide a wide variety of high quality park and open spaces for all residents, including both: a. developed areas with facilities for active recreations; and b. undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policy 2. The City shall preserve and, where appropriate, acquire and improve natural areas located within a half mile of every Tigard resident to provide passive recreational opportunities. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 11 OF 19 Policy 6. The City shall acquire and manage some open spaces to solely provide protection of natural resources and other open spaces to additionally provide nature-oriented outdoor recreation and trail-related activities. Findings: The two policies above are satisfied by the proposed amendment through Goal 5.1 and Policy 1. More specifically, Policy 1 directs the City to protect and restore natural resources through a variety of methods to provide educational opportunities, recreational amenities, and other services. Policy 9. The City shall integrate green concepts into park and open space design, maintenance, and operations. Policy 17. The City shall maintain and manage its parks and open space resources in ways that preserve, protect, and restore Tigard's natural resources, including rare, or state and. federally listed species, and provide "Nature in the City" opportunities. Findings: These two policies are satisfied by the proposed amendment through Goal 5.1, and implementing Policies 1, 2, 7, 8 and 13. Policies 1, 7, and 8 require the city to protect and restore natural resources on both public and private lands. Policy 2 requires public projects to use sustainable building technologies and low impact development techniques to the extent feasible, both of which are applicable to the design, maintenance and operation of parks, open space, and their appurtenant facilities. Similarly, Policy 13 requires the City to, where feasible, integrate wildlife corridors into parks and open space planning. As a result, these two existing policies are supported by the proposed amendment. Policy 22. City-owned property may be used for private wetlands mitigation considered on a case-by-case basis. Findings. This policy is satisfied by proposed Goal 5.1 and Policies 7 and 12. More specifically, Policy 12 requires the City to develop and implement standards and procedures for the mitigation of lost natural resources, including wetlands. Similarly, Policy 7 requires the City to restor riparian and upland habitats, which include wetlands, to the extent feasible on public lands. As a result, the use of public land is enabled and encouraged by this policy. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 6. The City shall maintain streams and wetlands in their natural state, to the extent necessary, to protect their stormwater conveyance and treatment functions. Findings- This policy is satisfied by the proposed amendment through Goal 5.1, and Policies 1, 2, 3, 6, 7, 8, 11, and 12. These eight implementing policies direct the city to protect and restore natural resource functions such as stormwater conveyance and treatment. Policy 7: The City shall encourage low impact development practices and other measures that reduce the amount of, and/or treat, stormwater runoff at the source. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 12 OF 19 Fes- This policy is satisfied by the proposed amendment through Goal 5.1, and Policies 3, 4, and 11. Policies 2 and 3 require and encourage the use of sustainable building technologies and low impact development techniques which will protect or improve water quality. Policies 4 and 11 require consultation and education of local landowners regarding the protection and restoration of natural systems including streams and wetlands which are key components of water quality. Old Comprehensive Plan Topics Topic 1: General Policies Policy 1.1.1 THE CITY SHALL ENSURE THAT: a. THIS COMPREHENSIVE PLAN AND ALL FUTURE LEGISLATIVE CHANGES ARE CONSISTENT WITH THE STATEWIDE PLANNING GOALS ADOPTED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, THE REGIONAL PLAN ADOPTED BY THE METROPOLITAN SERVICE DISTRICT; b. ANY NEIGHBORHOOD PLANNING ORGANIZATION PLANS AND IMPLEMENTATION MEASURES ADOPTED BY THE CITY OF TIGARD AFTER THE EFFECTIVE DATE OF THIS COMPREHENSIVE PLAN ARE DESIGNED TO BE CONSISTENT WITH THIS PLAN; AND C. THE TIGARD COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE ARE KEPT CURRENT WITH THE NEEDS OF THE COMMUNITY. IN ORDER TO DO THIS: 1. THIS PLAN SHALL BE REVIEWED AND UPDATED AT LEAST EVERY FIVE YEARS. Policy 1.1.2 THE COMPREHENSIVE PLAN AND EACH OF ITS ELEMENTS SHALL BE OPENED FOR AMENDMENTS THAT CONSIDER COMPLIANCE WITH THE PLANS OF THE METROPOLITAN SERVICE DISTRICT (MSD) OR ITS SUCCESSOR ON AN ANNUAL BASIS, AND MAY BE SO AMENDED OR REVISED IF DEEMED NECESSARY BY THE CITY COUNCIL. ANNUAL AMENDMENT AND REVISION FOR COMPLIANCE WITH THE ABOVE REGIONAL GOALS, OBJECTIVES AND PLANS SHALL BE CONSISTENT WITH ANY SCHEDULE FOR RE-OPENING OF LOCAL PLANS APPROVED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION (LCDC). THIS PROVISION IS NOT TO BE CONSTRUED AS WAIVING ANY LEGAL RIGHTS WHICH THE CITY MAY HAVE TO CHALLENGE THE LEGALITY OF A REGIONAL GOAL, OBJECTIVE, OR PLAN PROVISION. Finding,s. 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 5 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 two workshops on May 5 and May 19, 2008, and two public hearings on June 2 and 16, 2008. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 13 OF 19 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. 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 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 will continue to ensure compliance with Title 3 requirements and standards. Policy 4 provides clear direction that the City of Tigard feels that coordinating with regional partners to comply with wetlands and stream regulations is very important to the community. Additionally, Policies 1 through 8, 11, and 12 further signify the City's commitment to protecting the resources that are critical to improving water quality, flood management, and fish/wildlife habitat and conservation. 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. FindiW,s. 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 will continue to ensure compliance with Title 3 requirements and standards. Policy 4 provides clear direction that the City of Tigard feels that coordinating with regional partners is very important to the community. Additionally, Policies 1 through 8, 11, and 12 further signify the City's commitment to protecting the resources to comply with water quality STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 14 OF 19 regulations, protect fish and wildlife habitat, and preserve the floodplain that are critical to the community's well-being. 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. Fps: 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 March 20, 2008 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. Fps: 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 15 OF 19 Statewide Planning Goal 9 - Natural Resources This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. Fin _ The proposed amendment is consistent with this statewide planning goal as the proposed din changes direct the City to protect and restore natural resources, and to protect and promote historic areas and culturally significant resources. This policy direction is an enhancement to existing Goal 5 policies and action measures already in place in the community. This enhancement is occurring because significant change has occurred in the relevant conditions and circumstances since 1983. State and Federal regulations have evolved and expanded, new information is known about natural resources and historic areas, and community expectations and values are substantially different than they were 25 years ago. Proposed Goals 5.1 and 5.2 and their associated policies (see Exhibit A), provide clear direction that natural and historic resources are an important component of the community and the City will continue in partnership with other jurisdictions to ensure regulations and standards are being met and programs being implemented. The proposed policies also aim to minimize development's impact upon the resources by protecting them thru the City's land use program, and in compliance with regional, state, and federal regulations and programs. 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. Fes- The proposed amendment is consistent with this goal as the proposed changes direct the City to manage development to protect natural resources and their functions in improving the quality of the community's environment. Proposed Goal 5.1 and its associated policies provide clear direction that environmental quality is an important component of the community and the City will continue in partnership with other jurisdictions to ensure standards are being met and programs being implemented. These policies aim to minimize impacts from development, and to encourage the restoration of degraded resources. 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 the proposed changes direct the City to protect, enhance, and when necessary mitigate public services provided by Tigard's natural resource systems. These services include stormwater control, air/water quality maintenance, and recreational areas. Proposed Goal 5.1 and its associated policies provide clear direction that public services are an important function of natural resources and the City will continue in partnership with other jurisdictions to ensure standards are being met and regional/national programs being implemented. These policies also aim to minimize impacts from development, and to encourage the restoration of degraded resources. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 16 OF 19 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: 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 Land Conservation and Development Oregon Department of Transportation The following agencies/jurisdictions had an opportunity to review this proposal and had the following comments: Oregon Department of Fish and Wildlife: This agency submitted a letter attached as Exhibit "A" to this Staff Report. This letter contained the following three comments: 1. "The format of [the] layout is difficult to follow. It is recommended that for each Goal, the Policies and Recommended Action [Measures] are grouped together." Findings: The format of the chapter is consistent with formatting chosen for the whole of the Tigard Comprehensive Plan. The chosen format is advantageous as it reduces unnecessary duplication of language; Recommended Action Measures may implement several Policies, and one Policy may apply to multiple natural resources. Examples of this include draft Policies 5.1.5, 5.1.8, and Recommended Action Measure 5.1.ii. Staff acknowledges the comment, but recommends the Council adopt the existing format as the regulatory effect is the same while reducing unnecessary duplication of language. 2. "The City identifies the following resources that are addressed in Goal 5: fish and wildlife habitat, wetlands, streams, groundwater, and historic and cultural resources. It is strongly recommended that fish and wildlife species are also identified as a resource. It is also recommended that the fish and wildlife habitat is separated into wetland and upland habitats." STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 17 OF 19 Findings: The proposed language satisfies the minimum requirements of Goal 5, and regional programs implemented through METRO and the Tualatin Basin Partners for Natural Places, regarding the protection of natural resources. The proposed language contains broad protections for fish and wildlife through the protection and restoration of both riparian and upland habitats including Goal 5.1 and Policies 5.1.1, 2, 3, 4, 6, 7, 9, 11, 12, and 13. Policy 5.2.7 would require the City to protect "riparian and upland habitats". The specificiation of both acknowledges the distinction between the habitat types, and the glossary will contain definitions of both to further draw distinctions. Furthermore, the proposed language would not prohibit the City from implementing species specific protection and recovery plans at a future date, should that become necessary. Staff acknowledges the comment, but recommends that the Council not adopt it their suggestion. 3. "It is recommended that each of the City's identified resources should be addressed by a policy specific to that resource." Findings. The existing language carries the same regulatory effect and standing as individual policies specific to a resource. The decision to write umbrella policies (including but not limited to Policies 5.1.1,5.1.4, and 5.1.8) was made to prevent the unnecessary duplication of language in the document. Resource specific policies are already proposed including, but not limited to 7, 8 and 9. Staff acknowledges the comment, but recommends that the Planning Commission not adopt it. Oregon Department of Environmental Quality: This agency submitted a letter attached as Exhibit "B" to this Staff Report. This letter contained the following comment: "DEQ likes the emphasis on protecting ecological function in the language of your amendment... Urban streams are most vulnerable to the impacts caused by increasing the area of impermeable surfaces. Policy 3 that encourages low impact development and Policy 9b have language that can directly affect this impact. We encourage you to maintain this language in the adopted amendment, and to support Action Measure viii as strongly as you are able." Fin_ This comment letter supports existing language within the proposed amendment (Exhibit "A"). While the Planning Commission removed subsection b of Policy 9 (as originally proposed), the affect of this change is negligible as impermeable surface reduction is addressed through Policy 3 that calls for Low Impact Development, policies 7 and 8 that require the protection of riparian systems and habitats, and a broadly inclusive Policy 9. Oregon Department of Geology and Mineral Industries: Declined to comment. Tualatin Valley Fire & Rescue: Requested language be added to encourage the use of fire sprinklers as a mechanism for reducing water runoff, and potential contaminants therein, during firefighter operations. Findings: Staff recommends against the inclusion of such language within the comprehensive plan as it is overly specific for this document. The comment will be reconsidered during future code updates. The full text of this comment letter is contained in Exhibit "C" to this staff report. Tualatin Valley Water District: Declined to comment. Beaverton School District #48: Had no objections. Clean Water Services: Submitted a comment letter attached as Exhibit "D" to this staff report. In that letter they recommended the inclusion of any and all relevant provisions of the current STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 18 OF 19 intergovernmental agreement (IGA) between the City of Tigard and Clean Water Services, and the relevant provisions of the current Design and Construction Standards. Fps: Existing and proposed policies will support the existing IGA and design standards, though inclusion of specific provisions is unncessarily specific for a Comprehensive Plan. The proposed amendment supports the existing IGA and Design and Construction Standards through Policy 5.1.4 which directs the city to actively coordinate and consult with other government agencies regarding natural resource protection and management. Additionally, recently adopted Policy 11.1.2 requires the City to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. Similarly, Policy 11.1.3 requires the City to comply with regional regulations and programs, such as the Design and Construction standards. CONCLUSION: Staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. 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: LETTER FROM OREGON DEPARTMENT OF FISH AND WILDLIFE EXHIBIT B: LETTER FROM OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY EXHIBIT C: LETTER FROM TUALATIN VALLEY FIRE AND RESCUE EXHIBIT D: LETTER FROM CLEAN WATER SERVICES August 13. 2008 P 5~~ED BY: Jo oyd DATE Associate Planner 1~~awzZ~ " I--, - Au st 13, 2008 P ROVED BY.- Ron Bunc DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 19 OF 19 EXHIBIT A Department of Fish and Wildlife m z Uregon Sauvie Island Wildlife Area Theodore R. Kulongoski, Governor North Willamette Wildlife District 7859 18330 NW Sauvie Island Road Portland, OR 97231 503-621-3488 FAX 503-621-3025 May 28, 2008 OREGON Fish & Wiltllife John Floyd City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Mr. Floyd, The Oregon Department of Fish and Wildlife (ODFW) has reviewed the City of Tigard's draft Goal 5 of the Comprehensive Plan and would like to offer the following comments and recommendations. The City provides one goal, followed by a series of "Policies" which are followed by a series of "Recommended Action Items". The format of this layout is difficult to follow. It is recommended that for each Goal, the Policies and Recommended Action Items are grouped together. Following is an example of the recommended format. Goal 5 Policy 5.1 Recommended Action Item A Recommended Action Item B Recommended Action Item C The City identifies the following resources that are addressed in Goal 5: fish and wildlife habitat, wetlands, streams, groundwater, and historic and cultural resources. It is strongly recommended that fish and wildlife species are also identified as a resource. It is also recommended that the fish and wildlife habitat is separated into wetland and upland habitats. The goal of the City is to "protect natural resources and the environmental and ecological functions they provide; and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity." It is recommended that each of the City's identified resources should be addressed by a policy specific to that resource. For example, there should be a separate policy addressing wildlife upland habitat, fish and wildlife stream and wetland habitat, fish and wildlife species and groundwater. For example: Policy 5.1: Wildlife Upland Habitat Protect, conserve and restore upland habitats related to wildlife, aesthetics, slope protection and groundwater recharge. Encourage increased vegetation, additional wildlife habitat areas, and expansion and enhancement of undeveloped spaces. Upland habitats include all habitats that are not categorized as wetland or waterway. Examples include mixed conifer forest, oak woodland, oak savannah, grasslands, prairie, etc. Recommended Action Item A: Protect, conserve and restore upland habitats and Oregon Conservation Strategy habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Conduct a baseline inventory of all upland habitat types within the City. Policy 5.2: Fish and Wildlife Stream and Wetland Habitat Protect, conserve and restore streams, riparian corridors and wetland habitat which have significant functions and values related to flood protection, sediment and erosion control, water quality, groundwater recharge and discharge, education, vegetation, and fish and wildlife habitat. Recommended Action Item A: Conserve riparian, wetland, and water body natural resources through the designation and protection of transition areas between the resource and other urban development and activities. Restrict non-water dependent or non-water related development within the riparian area. The recommended riparian buffer size is 200 feet for fish-bearing streams and 100 feet for non fish-bearing streams. Recommended Action Item B: Conduct a baseline inventory of all wetland and waterway habitats within the City. Policy 5.3: Fish and Wildlife Species Protect, conserve and restore fish and wildlife populations that contain ESA threatened and endangered, Oregon state sensitive, rare and Oregon Conservation Strategy species through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item A: Protect, conserve and restore stream, wetland and upland habitat that contain ESA threatened and endangered, Oregon state sensitive or Oregon Conservation Strategy species habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Establish a high level of biodiversity within the stream, wetland and upland habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item C: Conduct a baseline inventory of all fish and wildlife species. These examples are not meant to be a comprehensive list of all Policies and Recommended Action Items, but to provide a recommended example of how to adequately protect, conserve and restore the City's natural resources. The Oregon Department of Fish and Wildlife recommends that the City of Tigard includes their Natural Resource Committee to develop a comprehensive list of Policies and Recommended Action Items that will protect, conserve and restore the City's natural resources. The Oregon Department of Fish and Wildlife would like to thank the City of Tigard for the opportunity to provide comments. If you have any questions or would like to discuss the comments and recommendation of this letter, please feel free to contact me. Sincerely, 4~~t Mischa Connine Habitat Biologist 18330 NW Sauvie Island Road Portland, OR 97231 (503) 621-3488 ext 228 mischa.a.connine@state.or.us EXHIBIT B John Floyd From: NEWELL Avis [NEWELL.Avis@deq.state. or.us] Sent: Thursday, May 15, 2008 10:07 AM To: John Floyd Subject: FW: Comp Plan Amendment comments Seems I misspelled the email address the first time around. Hopefully this will work. -----Original Message----- From: NEWELL Avis Sent: Thursday, May 15, 2008 10:04 AM To: 'johnf@tigard-or.gov' Subject: Comp Plan Amendment comments Good Morning John, I am the Tualatin Basin Coordinator in the water quality section of DEQ's Northwest Regional Office. I have reviewed the proposed amendments for Tigard's Goal Five of the Statewide Planning requirements. You have requested comments by May 16, so I am providing them here by email. My comments reflect an interest in and expertise in water quality; I am sure you will receive comments pertaining to other natural resources from other parties. I hope that my comments do not conflict with those, and if they do, I would be happy to discuss any questions that arise. DEQ likes the emphasis on protecting ecological function in the language of your amendment. You do this in particular in Policy items 1c and 1d, 3, 7, 8 and 9, and to a lesser extent in the remaining policy items. Urban streams are most vulnerable to the impacts caused by increasing the area of impermeable surfaces. Policy 3 that encourages low impact development, and Policy 9b have language that can directly affect this impact. We encourage you to maintain this language in the adopted amendment, and to support Action Measure viii as strongly as you are able. .ill - Thank you for the opportunity to review this proposal, and please feel free to contact me if you have any questions. Avis Newell Tualatin Basin Coordinator Oregon Department of Environmental Quality (503)229-6018 . 1 EXHIBIT C John Floyd From: Dalby, John K. [John.Dalby@tvfr.com] Sent: Wednesday, May 07, 2008 3:54 PM To: John Floyd Subject: (CPA) 2008-00003 Goal 5: Natural Resources and Historic Areas Good afternoon Mr. Floyd, Our comment regarding this update involves the city's endorsement of the fire district's desire to promote automatic sprinkler protection in all buildings hereinafter constructed. Fires occurring in residential and commercial buildings not protected with automatic sprinklers require a significant amount of water to control and extinguish. Buildings with automatic sprinkler protection do not require such large amounts of water for extinguishment when fire occurs. ' The runoff from fighting structure fires contaminates adjacent wetlands and waterways. .The."runoff from fires in buildings protected with automatic sprinkler systems is comparatively insignificant. How you wordsmith it to fit within the document sent for our review is up to you. We w6uld be happy to provide additional input should you so desire. Thanks, John K. Dalby, Deputy Fire Marshal 11 Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4723 1 EXHIBIT D CleanWat r~ Services Our commitment is clear. MEMORANDUM DATE: May 2, 2008 FROM: David Schweitzer, Clean Water Services TO: John Floyd, Associate Planner City of Tigard Planning Division SUBJECT: Review Comments - Planning Goals 5 Natural Resources and Historic Areas, 2008-00003 CPA GENERAL COMMENTS ■ We recommend following any and all 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, available on line at: http://cleanwaterservices.org/PennitCenter/DesignandConstruction/Update/default.aspx ) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681-3600 • Fax: (503) 681-3603 • www.CleanWaterServices.org City of Tigard ATTACHMENT 3 . , Memorandum To: Jodie Inman, President; and members of the Planning Commission From: John Floyd, Associate Planner Re. Continued Public Hearing for CPA 2008-00003 (Natural Resources) Date: June 9, 2008 On June 2, 2008 the Tigard Planning Commission opened a Public Hearing for CPA 2008- 00003 to update Goals, Policies, and Recommended Action measures pertaining to Statewide Planning Goal 5 (Natural Resources and Historic Areas). Following the receipt of public testimony and subsequent deliberation, the hearing was continued to allow staff time to respond to eleven points of discussion by the Commission. This memorandum outlines Staff's response and supplements materials distributed for and at the June 2, 2007 hearing (attached). 1. Requested Language Changes Staff concurs with the Commission's request to amend the following draft Goal and Policy: Goal 5.1 - Protect Natural Resources and the environmental and ecological functions they provide; and, to the extent feasible, restore natural resources to create naturally functioning systems and high levels of biodiversity. Policy 5.1.10 - The City shall complete and periodically update and improve its baseline inventory of natural resources through surveys and monitoring." In addition, staff recommends additional draft language amendments in discussion sections 5, 6, 8, and 9 below. 2. Appropriateness of the phrase "to the extent feasible" This language appears in draft. Goal 5.1 and associated Policies 1, 6, 7, 8, and 13. Discussion of the appropriateness of this qualifying phrase is provided below. Before proceeding, staff wishes to remind the commission of the draft definition of "feasible" as currently proposed: 1 Feasible - reasonably capable of being done, executed, or effected with the means at hand and the circumstances as they are; practicable. In every instance except two (draft Policies 6 and 13), this qualifying language only applies to restoration, not the protection of natural resources. This qualifying phrase was added following extensive discussion at Commission workshops regarding the potential burdens and costs associated with restoration, and that any future implementing action should be proportional and reasonably capable of being accomplished after taking into consideration cost, existing technology, and logistics in light of the overall project and probable impact on ecological functions. Staff continues to find the use of this language appropriate, and recommends its retention to ensure any future implementing action is reasonable and proportional. This phrase is used in draft Policy 6 in regards to the use of incentives/ disincentives to discourage the degradation of natural resources prior to an application for development or annexation. Staff finds the use of this language appropriate given its applicability to landowners outside of Tigard's jurisdiction, and the limited powers held by the City in relationship to external actors. In draft Policy 13, this phrase is used in relation to the identification, preservation, and creation of linkages between wildlife habitats as a component of parks, open space, and surface. water management plans. Staff finds the phrase appropriate for this policy, as each of the identified plans will have to balance a range of public interests, and will occur under unforeseen circumstances including the fiscal health of the City and the availability of land for acquisition. 3. Glossary Definitions In response to comments received at the June 2 hearing, staff proposes the following definitions for consideration. As a reminder, these definitions are for discussion only as the Comprehensive Plan Glossary will be considered and adopted at a future date. Natural Resource - lnrventtefie Resources and gal resource systems identified in Statewide Planning Goal 5 including fish and wildlife habitats; wetlands; streams and associated riparian corridors; groundwater; and rare and endangered fish and wildlife, plants, and plant communities. Riparian Corridor - water areas, fish and wildlife habitat, wetlands, and adjacent riparian areas that consist of the zone of transition from an aquatic ecosystem to a terrestrial ecosystem. Riparian Habitat - Habitat areas located within, and dependant upon the unique habitat elements provided within, a Riparian Corridor 2 Upland Habitat - All habitats beyond a riparian corridor. 4. Relevance of Existing Policies On June 2 the Commission requested more information as to how the existing policies compare to draft policies proposed in this amendment. Staff maintains its original position that the existing policies are outdated, insufficient, and that better natural resource protection will occur through the proposed language. On June 16, staff will present and discuss the existing policies and how they compare to the new language. 5. Applicability to Upland Habitat Questions were raised regarding the applicability of the draft language to upland habitats and plant communities. Much of this concern stems from present upland habitat regulations that were adopted shortly after Measure 37 and crafted in a climate of fiscal and regulatory uncertainty. Recent passage of Measure 49 has resolved many of these concerns, and will allow the City to move forward with more certainty. As presented, the draft language applies to both upland and natural resource habitats and Staff finds sufficient legislative grounds that both enable and require the City to protect upland resources. Draft Goal 5.1 addresses all natural resources and the functions and services they provide, of which uplands is included. Associated draft policies directly or indirectly applicable to upland resources include the following: 1, 3, 4, 5, 6, 7, 10, 11, 12, and 13. The only goal or policy to that specifically addresses upland habitats is draft Policy 5.1.7 which requires the City to "protect, and to the extent feasible, restore riparian and upland habitats for fish and wildlife to the maximum extend possible on public and private lands." This draft policy directs the City to take an aggressive stance, and protect both riparian and upland to the maximum extent possible. Because this policy has been edited on several occasions, the language has grown awkward. As a result staff recommends the following reorganization of the policy language: Policy 5.1.7 - The City shall protect to the maximum extent possible, and te-th tent fea§i le, restore riparian and upland habits for fish and wildlife- to th turn extent pessible to the extent feasible, on public and private lands. 6. Directing Implementation Through Policy On June 2 staff received direction from the Commission to explore language that could strengthen Policy 5.1.3 which encourages the use of sustainable building technologies and low impact development techniques. Mandating the implementation of these policies is complicated by three prime obstacles: (1) increased cost of construction; (2) the emergent nature of many of these technologies; and (3) the pre-emptive regulations 3 and authority of external jurisdictions and agencies such as Tualatin Fire and Rescue, Clean Water Services, METRO, and the State Building Codes Division. As a result staff recommends the policy be split into two separate policies, one for private construction and another for City projects. The proposed revisions to draft Policy 5.1.3 are as follows: / fu aft of Policy 5.1.2 - The City shall demonstrate leadership in natural resource protection through the use of sustainable building practices and low impact development strategies, to the extent feasible, on all City projects. Policy 5.1.3 - The City shall provide options to conventional construction and site planning techniques, and incorporate sustainable and low-impact building and site planning technologies into City codes and standards as they become available. 7. Engaging a Broader Audience Staff is redoubling its efforts to broaden the participation of Tigard citizens and stakeholders in the consideration of this Comprehensive Plan Amendment. 8. Implementing a Baseline Inventory Policy 5.1.10 presently requires the City to periodically update its baseline inventory. On June 2 the Commission asked staff to strengthen language regarding the implementation and periodic update of this Policy. As a result staff proposes the following revisions: Policy 5.1.10 - The City shall complete, and concurrent with the periodic review of the Comprehensive Plan, Metro Nature in Neighborhoods Program, or other applicable program update and improve its baseline inventory of natural resources to reflect changing conditions, standards, and community dew sires. 9. Engaging Volunteers in the Baseline Inventory Public participation will be an essential component of the baseline inventory completion and update as local residents have an intimate familiarity with their local landscape. That said, to achieve a high quality and legally defensible inventory will require the use of qualified professionals and a work plan approved by a number of external agencies. As a result staff cannot provide a definitive answer as to the exact role citizens will plan, but 4 can point to existing policies within the Citizen Involvement Chapter that require the City to allow and plan for meaningful citizen input. 10. Channel Migration Comments were received from John Frewing encouraging the City to acknowledge and incorporate the concept of Channel Migration into the City's resource inventory and protection regime. Given the obligation of the City to coordinate any new natural resource regulation with Metro and the Tualatin Basin Partnership, and presence of broad policies that enable this level of protection, staff recommends against the inclusion of this concept in a new or existing policy. 11. Overlay Zones Comments were received from John Frewing requesting language be inserted that mandates the use of Natural resource Overlay Zones, as is done in other jurisdictions, to protect Natural Resources. As presently written, natural resource zones are enable and consistent with the Comprehensive Plan. However, given the obligation of the City to coordinate any new natural resource regulation with Metro and the Tualatin Basin Partnership, and presence of broad policies that enable this level of protection, staff recommends against the inclusion of this concept in a new or existing policy. Attachments: A. Staff Report to the Planning Commission for the June 2, 2008 Public Hearing for CPA2008-00003 B. Memorandum to the Planning Commission regarding "Comments received from Oregon Department of Fish and Wildlife (ODFW) and Sue Bielke regarding CPA2008-00003" dated June 2, 2008 C. Memorandum to the Planning Commission regarding "Additional language proposed for deletion in CPA2008-00003" dated June 2, 2008 5 ATTACHMENT A Agenda Item: 6.1 Hearing Date: June 2, 2008 Time: 7.00 PM i7 Ti xeJk Z i t' sty g'L`~ t.^ u3ft E+~,R 4TY~~TO~yWV - ~4PJ iVFry'~~. ~'C.,...s~}t-Fe* Y- { C r{ PS }~..:drj ~F' .i~.,.- tr.. !V''.= Rrr'~S Y~ v tc TIN r I' N=I#N COM'11IIS IV'1,1 FO Z T iE CITY F "I II Rf 5 r O A~ , QRE;GON 7~. . - ,A r_ 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 5: NATURAL RESOURCE J, AND HISTORIC AREAS FILE NO.: Comprehensive Plan Amendment (CPA) CPA2008-00003 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 3: Natural Features and Open Spaces by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 131/5S'`w iiah 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 Chapters Citizen Involvement, Environmental Quality, Hazards, Parks and Open space, and Public Facilities and Services; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7 and 11. SECTION II. STAFF RECOMMENDATION Staff recom ncnds;hat'hh` Planning t 7,7 , e Comrrus ibn finds tl.request o m-ef the necessary aip'rodal cntena Therefore, s`taffrecotrimendsathatthe Plarninga~omrrsson RECQ1Ii~iEIDSti~ the Iigarcl. City Council that it amends t1~e:Tigard Comprnslve. Plan as determined through fhe public earin _ process.' h STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 7 OF 20 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 46,715 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 Natural Resource and Historic Areas Planning (Goal 5). The Planning Commission hosted two Policy Interest Team meetings before holding workshops on May 5th and May 19tJ1 of this year to discuss the draft goals, policies, and recommended action measures that were formulated. At the Planning Commission workshop, staff received input from Commissioners that has led to the following changes and alternatives for the Commission's consideration (also found in Exhibit A with deleted text as strilfeeuts and added text underlined): STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 2 OF 20 Goal 5.1 , and the envirenmental and eealegieal gerviees they provide, through fta"*Uy fianetianiftg systems that Protect natural resources and the environmental and ecological functions they provide; and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity. ALTERNATIVE: Protect natural resources and the functions and services they provide, and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity. Policies 1. The City shall protect and, to the extent feasible, restore natural resources in a mannef- that a variety of methods to: a. Contribute to the City's scenic quality-.4-Tigard and iui unique sense of place; b. Provide euu.cationa? q;p rtunities, recreational amenities, and buffering between differential land uses; c. Maximize natural resource functions and vales services including fish and wildlife habitat and water quality; and d. Result in healthy and naturally functioning systems containing a high level of biodiversity. use of development and land management regulations, aeqtusitiEffi Of iftfid ate: 3. The City shall encourage public and private development to use sustainable building technologies and low impact development techniques, and include measures to protect and improve natural resource qualitylfunctions as part of site and building design. 4. The City shall actively coordinate and consult with landowners, local stakeholders, and governmental jurisdictions and agencies mi re arding the inventory, protection, and restoration of natural resources ager~tes. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 3 OF 20 5. The City shall utilize periodic assessments of the effectiveness of the City's programs and regulatory structures to infat guide future decisions regarding natural resource protection, management, and restoration. 6. The City shall utilize incentives or disincentives 9:9 appraptiate to the extent feasible, to prevent discourage property owners from removing or degrading natural resources prior to application for development_ or annexation. 7. The City shall presence protect and, the extent feasible, restore riparian and upland habitats for fish and wildlife to the maximum..extent possible on public and private lands throttgb!. a.band use. f-egulatiefis and standards that pteteet and testare essential h*bita-elements that tyre-food, -&ftter, shel`- , ---L:,: -Y - a b.J:-,aftd use-Tege66en-s- and standards that ffti~ate the less of habitm y111l.111, y J ~ - - - a-ed - ti0.L[Vl V aCes between wildlife habitftt J V 7 management plans; and reme that thf eaten habitat areas. 8. The City shall preserve, rp otect and, to the extent feasible, restore the diverse ecological and non-ecological functions and vales services of streams, wetlands, and associated riparian corridors. ~Eraegies a. Gempliaftee with Federal, State and Regional -e-M-6--ions ft~ - ey apply to- streams, Wedands, and asseei%ted Yarlan-eartidots; a result of 6. ovet , quahty, and fish and wildlife habitatc,, an ri f L a i _ _ 4'~. of Lr.,-]..,.1,. that ouy{.~v z and and other eealegieal ftnd 9. The City shall eantintie implement measures to protect groundwater 1':. 2t. Gen6nuiflg to work with regional and state ageneteg to. identify an prevents the nit"al reehatge of groundwater aquifers; a 10. The City shall neriodicafly update and improve its baseline inventory of natural resources through surveys and monitoring. 11. The City shall assist landowners in the protection of natural resources through diverse methods including, but not limited to: education, STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 4 OF 20 incentives, planned development standards and regulations, and conservation easements. 12. The City shall develop and implement standards and procedures that mitigate the loss of natural resource functions and services, with priority given to protection over mitigation. 13. The City shall identify, 12-reserve and create linkages between wildlife habitat areas, to the extent feasible, as a key component of parks, open space, and surface water management plans. Recommended Action Measures i. Identify and inventory locally significant habitats and plant communities not included in the Nature in Neighborhoods and Tualatin Basin Natural Resources Coordinating Committee studies. ll. Establish baseline measures and periedieftRy evaluate natural regatir-ee Utilize an active management approach that seeks to improve natural resource standards and programs by establishing a measurable baseline condition and desired end goals, periodically measuring the success of existing city actions against those goals, and making corrections as necessary to improve success. iii. Inventory and preserve small perennial streams as natural resource for their contributions to fish and wildlife habitat. iv. Inventory and preserve locally significant tree groves not considered regionally significant habitat. V1. Periodically evaluate identify and make steps to improve the effectiveness of existing natural resource protections with the Development code . vii. Continue membership and active involvement with nonprofit and government agencies such as the Tualatin Basin Natural Resources Coordinating Committee. Vill. Identify epperta~nities far, and eneettrage the tige of-, habitat friendly ix. Incorporate bioregional conservation strategies, such as those identified in the Oregon Conservation Strategy and Clean Water Service's Healthy Streams Plan into regulations and restoration programs. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 5 OF 20 X. Utilize indicators of biodiversity as a measure of the quality and health of natural resource systems, and as a measure of success of City actions and strategies. X-1. extraetion ` ' ' ' tiq Implement a program to assist the state in identifying and canceling unused water rights within Tigard for the purpose of stabilizing or reducing surface and groundwater diversion and extraction. xii. Protect and restore natural resources through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisition of land and conservation easements, educational outreach, and external partnerships. xiii. Implement Land use regulations and standards that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility, and reproductive needs of fish and wildlife xiv. Implement outreach and regulatory programs to identify and remove invasive species that threaten habitat areas. xv. Identify and implement measures to protect riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat. xvi. Identify and implemement measures to maintain and, where possible, restore hydrologic systems and regimes that support fish and wildlife, Provide flood control, enable natural recharge of groundwater, and other ecological and community hct,eu►s. xvii. Work with regional and state agencies to identify and address potential sources of contamination. xviii. Identify and implement measures to reduce the amount of impervious surface area covering the City that prevents the natural recharge of groundwater aquifers. xix. Supplement or replace groundwater extraction with alternative sources of water during periods of high demand xx. Encourage the use of automatic sprinkler protection systems in all buildings to reduce water consumption during fire-fighting operations and reduce runoff into adjacent natural resource areas Goal STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 6 OF 20 5.2 Promote the preservation and protection of historically and culturally significant resources. Policies 1. The City shall actively promote the protection and preservation of historic and cultural resources and consider the development and implementation of new culturally significant resources and cooperate with organizations involved in their protection. Recommended Action Measures i. Promote and publicize historic resources in the City. ii. Support volunteer programs to preserve historic resources. iii. Encourage rental rehabilitation and reuse of historic buildings.where iv. Consider holding City functions in historic buildings, V. Support efforts to obtain historic designation at the city, county, state, and national levels for public and private historic sites. V1. Facilitate the development of appropriate economic options and alternatives for historic and cultural resources and organizations involved in their protection, when requested. 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 Goal 5 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's natural resources and historic areas planning program. 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: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 7 OF 20 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. SECTION IV. SUMMARY OF REPORT Applicable criter7a, findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Newly Adopted Chapters 1, 6, 7, 8, and 11 o Old Topics 1 • Applicable Metro Standards o Title 3 and 13 • Statewide Planning Goals .o Goals 1, 2, 5, 6, 7, and 11. City Department and outside agency comments STAFF REPOR'T' TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 8 OF 20 SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legtslative 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 Findings: 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 18.390.0606. 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: Newly Adopted Comprehensive Plan Chapters Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 9 OF 20 Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use 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 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 two Planning Commission workshops. 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 May 15, 2008 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 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to 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. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 10 OF 20 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. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: 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. Policy S. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Fps: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written commt.,ts via the wcv;i+e and attending the Planning Commission workshop. Adfitioualty. 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. Chapter 6: Environmental Quality Goal 6.1 Reduce air pollution and improve air quality in the community and region. Policy 1: The City shall require that all development complies with or exceeds regional, state, and federal standards for air quality. Fins: This policy is satisfied by the proposed amendment through Goal 5.1 and implementing Policies 1, 3, and 8. This Goal and three supporting policies require the City to protect and restore natural resource functions and services. The protected and restored plant communities that form natural resource systems can protect air quality by filtering pollutants, preventing windborne erosion, and performing other air quality functions Policy 2. The City shall support regional and state plans and programs to attain regional, state, and federal standards for air quality. Fps: This policy is satisfied by the proposed amendment through Goal 5.1, and more specifically implementing Policy 4 that requires the City to actively coordinate and consult with other governmental agencies and jurisdictions regarding the protection and restoration of natural STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 11 OF 20 resources which can protect air quality by filtering pollutants, preventing windborne erosion, and other air quality functions. Policy 6. The City shall encourage the maintenance and improvement of open spaces, natural resources, and the City's tree canopy to sustain their positive contribution to air quality. Fins. This policy is satisfied by Goal 5.1 and related Policies 1 through 13. More specifically, Goal 5.1 focuses on the protection and restoration of natural resources consistent with State Planning Goal 5, and is implemented through the thirteen previously mentioned policies which contribute to the protection, enhancement, or mitigation of natural resource elements such as plants that contribute to air quality. Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policy 1. The City shall require that all development complies with or exceeds regional, state, and federal standards for water quality. Fps: This policy is satisfied by the proposed amendment through Goal 5.1 and specifically Policies 1, 3, 7, and 8. This Goal and four supporting policies require the City to protect and restore natural resource functions and services, of which the maintenance and improvement of water quality is but one function of natural resources like wetlands and riparian vegetation. Policy 2. The City shall continue, cooperation with federal, state, and regional agencies in the management of Tigard's water resources and the implementation of plans and programs. Fps. This policy is satisfied by the proposed amendment through Goal 5.1, and more specifically implementing Policy 4 that requires the City to actively coordinate and consult with other governmental agencies and jurisdictions regarding the protection and restoration of natural resources including wetlands, streams, and groundwater. Policy 3. The City shall encourage the use of low impact development practices that reduce siormwater impacts from new and existing development. Findings. This policy is satisfied by the proposed amendment through Goal 5.1, and more specifically implementing Policy 3 that encourages public and private development to uses sustainable building technologies and low impact development techniques for the purpose of protecting natural resource quality and functions. Policy 4. The City shall protect, restore, and enhance, to the extent practical, the natural functions of stream corridors, trees, and water resources for their positive contributions to water quality. Findings. This policy is satisfied by the proposed amendment through Goal 5.1, and Policies 1, 3, 7, 8, 11, and 12. More specifically, these require or encourage the protection, restoration, or creation (i.e. mitigation) of existing, degraded, and potential natural resource systems whose natural functions and services include water quality. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 12 OF 20 Policy 6. The City shall continue to collaborate on informing the public of techniques and practices private individuals can employ to help correct water quality issues. Fps: This policy is satisfied by the proposed amendment through Goal 5.1, and Policies 3, 4, and 11. Policy 3 encourages the use of sustainable building technologies and low impact development techniques which will protect or improve water quality. Policies 4 and 11 require consultation and education of local landowners regarding the protection and restoration of natural systems including streams and wetlands which are key components of water quality. Chapter 7: Hazards Goal 7.1 Protect people and property from flood, landslide, earthquake, wildfire, and severe weather hazards. Policy 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and, where possible, find ways to restore and enhance these areas. Findings: This policy is satisfied by the proposed amendment through Goal 5.1, and Policy 4 that requires the city to actively coordinate with other governmental jurisdictions and agencies regarding the protection and restoration of natural resources such as.streams and wetlands. ,Chapter 8: Parks, Recreation, Trails, and Open Space Goal 9.1 Provide a wide variety of high quality park and open spaces for all residents, including both: a. developed areas with facilities for active recreations; and b. undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policy 2. The City shall preserve and, where appropriate, acquire and improve natural areas located within a half mile of every Tigard resident to provide passive recreational opportunities. Policy 6. hic Ciiy shall acquire and ma: age some open spaces to solely provide. protection of natural resources and other open spaces to additionally provide nature-oriented outdoor recreation and trail-related activities. Fps: These two policies are satisfied by the proposed amendment through Goal 5.1 and Policy 1. More specifically, Policy 1 requires the City to protect and restore natural resources through a variety of methods to provide educational opportunities, recreational amenities, and other services. This both enables and encourages the City to acquire and improve areas with potential for passive recreation such as trails. Policy 9. The City shall integrate green concepts into park and open space design, maintenance, and operations. Policy 17. The City shall maintain and manage its parks and open space resources in ways that preserve, protect, and restore Tigard's natural resources, including rare, or state and federally listed species, and provide "Nature in the City" opportunities. . STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 13 OF 20 Findings: These two policies are satisfied by the proposed amendment through Goal 5.1, and Policies 1, 3, 7, 8 and 13. Policies 1, 7, and 8 require the city to protect and restore natural resources on both public and private lands. Policy 3 encourages public projects to use sustainable building technologies and low impact development techniques, both of which are applicable to the design, maintenance and operation of parks, open space, and their appurtenant facilities. Similarly, Policy 13 requires the City to, where feasible, integrate wildlife corridors into parks and open space planning. As a result these two existing policies are supported by the proposed amendment. Policy 22. City-owned property may be used for private wetlands mitigation considered on a case-by-case basis. Findings: This policy is satisfied by proposed Goal 5.1 and Policy 12. More specifically, Policy 12 requires the City to develop and implement standards and procedures for the mitigation of lost natural resources, including wetlands. Standards and procedures for the use of public land is enabled and encouraged by this policy. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 6. The City shall maintain streams and wetlands in their natural state, to the extent necessary, to protect their stormwater conveyance and treatment functions. Findings: This policy is satisfied by the proposed amendment through Goal 5.1, and Policies 1, 3, 8, 11, and 12. The five proposed policies direct the city to protect and restore natural resource functions such as stormwater conveyance and treatment. Policy 7: The City shall encourage low impact development practices and other measures that reduce the amount of, and/or treat, stormwater runoff at the source. Findings. This policy is satisfied by the proposed amendment through Goal 5.1, and Policies 3, 4, and 11. Policy 3 encourages the use of sustainable building technologies and low -'impact development techniques which will protect or improve water quality. Policies 4 and 11 require consultation and education of local landowners regarding the protection and restoration of natural systems including streams and wetlands which are key components of water quality. Old Comprehensive Plan Topics Topic 1: General Policies Policy 1.1.1 THE CITY SHALL ENSURE THAT: a. THIS COMPREHENSIVE PLAN AND ALL FUTURE LEGISLATIVE CHANGES ARE CONSISTENT WITH THE STATEWIDE PLANNING GOALS ADOPTED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, THE REGIONAL PLAN ADOPTED BY THE METROPOLITAN SERVICE DISTRICT; b. ANY NEIGHBORHOOD PLANNING ORGANIZATION PLANS AND IMPLEMENTATION MEASURES ADOPTED BY THE CITY OF TIGARD AFTER THE EFFECTIVE DATE OF THIS STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 14 OF 20 COMPREHENSIVE PLAN ARE DESIGNED TO BE CONSISTENT WITH THIS PLAN; AND C. THE TIGARD COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE ARE KEPT CURRENT WITH THE NEEDS OF THE COMMUNITY. IN ORDER TO DO THIS: 1. THIS PLAN SHALL BE REVIEWED AND UPDATED AT LEAST EVERY FIVE YEARS. Policy 1.1.2 THE COMPREHENSIVE PLAN AND EACH OF ITS ELEMENTS SHALL BE OPENED FOR AMENDMENTS THAT CONSIDER COMPLIANCE WITH THE PLANS OF THE METROPOLITAN SERVICE DISTRICT (MSD) OR ITS SUCCESSOR ON AN ANNUAL BASIS, AND MAY BE SO AMENDED OR REVISED IF DEEMED NECESSARY BY THE CITY COUNCIL. ANNUAL AMENDMENT AND REVISION FOR COMPLIANCE WITH THE ABOVE REGIONAL GOALS, OBJECTIVES AND PLANS SHALL BE CONSISTENT WITH ANY SCHEDULE FOR RE-OPENING OF LOCAL PLANS APPROVED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION (LCDC). THIS PROVISION IS NOT TO BE CONSTRUED AS WAIVING ANY LEGAL RIGHTS WHICH THE CITY MAY HAVE TO CHALLENGE THE LEGALITY OF A REGIONAL GOAL, OBJECTIVE, OR' PLAN PROVISION. Findings: 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 5 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 two workshops on May 5 and May 19, 2008. 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. 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 15 OF 20 In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and Recreation District, pattnered 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 will continue to ensure compliance with Title 3 requirements and standards. Policy 4 provides clear direction that the City of Tigard feels that coordinating with regional partners to comply with wetlands and stream regulations is very important to the community. Additionally, Policies 1, 3, 5, 6, 7, 8, 11, and 12 further signify the City's commitment to protecting the resources that are critical to improving water quality, flood management, and fish/wildlife habitat and conservation. 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 rivets, streams and creeks) within the Tualatin Basin. The proposed amendment will continue to ensure compliance with Title 3 requirements and standards. Policy 4 provides clear direction that the City of Tigard feels that coordinating with regional partners is very important to the community. Additionally, Policies 1, 3, 5, 6, 7, 8, 11, and 12 further signify the City's commitment to protecting the resources to comply with water quality regulations, protect fish and wildlife. habitat, and preserve the floodplain that are critical to the community's well-being. 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. Fps: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in Match 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 16 OF 20 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 March 20, 2008 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. Fins: 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 - Mattiral Resources This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. Fins. The proposed amendment is consistent with this goal as the proposed changes direct the City to protect and restore natural resources, and to protect and promote historic areas and culturally significant resources. This policy direction is an enhancement to Goal 5 protections already in place in the community. Proposed Goals 5.1 and 5.2 and its associated policies (see Exhibit A), provide clear direction that natural and historic resources are an important component of the community and the City will continue in partnership with other jurisdictions to ensure regulations and standards are being met and programs being implemented. These policies also aim to minimize development's impact upon the resources.by protecting them thru the City's land use program. 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 17 OF 20 Findings: The proposed amendment is consistent with this goal as the proposed changes direct the city to manage development to protect natural resources and their functions. in improving the . quality of the community's environment. Proposed Goal 5.1 and its associated policies (see Exhibit A), provide clear direction that environmental quality is an important component of the community and the City will continue in partnership with other jurisdictions to ensure standards are being met and programs being implemented. These policies aim to minimize impacts from development, and to encourage the restoration of degraded resources. 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 the proposed changes direct the City to protect, enhance, and when necessary mitigate public services provided by Tigard'ss natural resource systems. These services include stormwater control, air/water quality maintenance, and recreational areas. Proposed Goal 5.1 and its associated policies (see Exhibit A), provide clear direction that public services are an important function of natural resources and the City will continue in partnership with other jurisdictions to ensure standards are being met and regional/national programs being implemented. These policies also aim to minimize impacts from development, and to encourage the restoration of degraded resources. 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: 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 STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 18 OF 20 Oregon Department of Land Conservation and Development Oregon Department of Transportation The following agencies /Jurisdictions had an opportunity to review this proposal and had the following comments: Oregon Department of Environmental Quality: This agency submitted a letter attached as Exhibit "B". This letter contained the following: "DEQ likes the emphasis on protecting ecological function in the language of your amendment. You do this in particular in Policy items 1 c and 1d, 3, 7, 8, and 9, and to a lesser extent in the remaining policy items ...Urban streams are most . vulnerable to the impacts caused by increasing the area of impermeable surfaces. Policy 3 that encourages low impact development and Policy 9b have language that can directly affect this impact. We encourage you to maintain this language in the adopted amendment, and to support Action Measure viii as strongly as you are able." Finding This comment letter supports existing language within the proposed amendment (Exhibit "A"). Proposed modifications remove subsection b of Policy 9, and Recommended Action Measure viii. The affect of, these changes are negligible as impermeable surface reduction is addressed through Policy 3 that calls for Low Impact Development, policies 7 and 8 that require the protection of riparian systems and habitats, and a broadly inclusive Policy 9. Oregon Department of Geology and Mineral Industries: Declined to comment. Tualatin Valley Fire & Rescue: Requested language be added to encourage the use of fire sprinklers as a mechanism for reducing water runoff, and potential contaminants therein, during firefighter operations. Findings: In response to this comment, staff recommends the addition of Recommended Action Measure "xx", as contained in Exhibit "A". The full text of this comment letter is contained in Exhibit "C". Tualatin Valley Water District: Declined to comment. Beaverton School District #48: Had no objections. Clean Water Services: Recommended the inclusion of any and all relevant provisions of the current intergovernmental agreement between the City of Tigard and Clean Water Services, and the relevant provisions of the current Design and Construction Standards. Findings: The proposed amendment does not reference issues relating to development, natural resources, historic areas, or enhancements thereof. These issues, and specifically the Design and Construction Standards are discussed in the Public Facilities (Goal 11) chapter. CONCLUSION: Staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 19 OF 20 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: LETTER FROM OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY EXHIBIT C: LETTER FROM TUALATIN VALLEY FIRE AND RESCUE ATTACHMENT 1: MEMORANDUM REGARDING DRAFT DEFINITIONS May 22, 2008 PREPARED BY: John Floyd DATE Associate Planner Mn 22, 2008 APPROVED BY: Ron Bunch DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 20 OF 20 Exhibit "A" Natural Resources and Historic Areas Each community possesses certain natural and historic resources that help to establish its identity. Tigard is fortunate to contain a variety of these resources that contribute to its high quality of life. From the riparian corridors along the Tualatin River and its tributaries, to the City's wetlands, to the upland habitat resources, the community's natural resources are a visual and ecological asset. The historic and cultural resources of the community represent a part of the community that provides a living history of the area. Protecting and conserving these resources are vital components to a successful land use planning program. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces "To protect natural resources and conserve scenic and historic areas and open spaces. " As awareness of the importance of natural and historic resources and their relationship to the quality of life has increased, so has concern for protecting these resources. Protecting the City's valuable natural and historic resources is thus one of Tigard's primary goals. In addition, the City must comply with federal, state, and regional laws protecting the resources, including sensitive, threatened, and endangered species and their habitats. The following resources are addressed in this chapter: • Fish and Wildlife Habitat • Wetlands • Streams • Groundwater • Historic and Cultural Resources As Tigard's population continues to grow, so does the potential for conflict between the desire to preserve resources and the need co provide adequate land for growth. As development patteri,s ch?nbe to accommodate growth, more pressure is placed on the resources that are present. The tension between the built and natural environments results from the competition for land resources. The steady trend of growth and development further necessitates the importance of finding a suitable balance in the future, both locally and regionally. Fish and Wildlife Habitat Despite growing urbanization, Tigard and the surrounding area remain home to an impressive diversity of birds, mammals, fish, amphibians and reptiles. Fish and wildlife species depend on a complex array of habitat conditions for their food, water, mobility, security, and reproductive needs. Wildlife habitat within the City of Tigard is heavily concentrated adjacent to water bodies, such as streams and wetlands. However, there are patches of upland habitat in drier, higher elevations across the City. This upland vegetation not only contributes in providing protective cover for wildlife, but also contributes to the aesthetic quality of the community and CPA2008-00003 l Goal 5 City of Tigard Exhibit "A" serves as an essential element in controlling runoff and soil erosion, moderating temperatures, and reducing air pollution. A number of agencies are involved in the effort to address the management and protection of fish and wildlife habitat. In 2000, Metro began work on a regional inventory of significant fish and wildlife habitat, focusing on riparian corridor and wildlife habitat resources. Shortly after completion of the inventory in 2002, the Tualatin Basin Partners for Natural Places, an alliance between Washington County and local cities (including Tigard) working with Metro, Tualatin Hills Parks and Recreation District and Clean Water Services, was formed to meet relevant federal, state, and regional requirements. Metro entered into an intergovernmental agreement (IGA) with the Tualatin Basin Partners for Natural Places to develop a basin-specific approach to protect Goal 5 (riparian and wildlife habitat) resources in compliance with the Metro's Urban Growth Management Functional Plan, Title 3 (Water Quality and Flood Management) and Title 13 (Nature in Neighborhoods). The result of the.IGA was the City adopting voluntary habitat friendly development provisions in December 2006 that seek to protect the wildlife habitat identified within the community. The provisions include an opportunity for low impact development practices that can reduce impacts to the identified resources. The Tualatin Basin Partners for Natural Places used the regional habitat inventory as the basis for conducting a general analysis of the Economic, Social, Environmental, and Energy (ESEE) consequences of allowing, limiting or prohibiting uses that would negatively impact inventoried resources. The site-specific component of the ESEE analysis provided a more localized analysis and an opportunity to refine the Basin-wide "limit" decision where necessary. The analvsi- 4iow that the City of Tigard Lab 505 acres of habitat designated as "strictly" limit (i.e. Metro inventoried Class I and II riparian resources within the Clean Water Services Vegetated Corridor). An estimated 370 acres of Class I and II riparian habitat situated outside the Clean Water Services' vegetated corridor are designated as "moderately" limit. In addition, 422 acres of non-Class I and II riparian resources within the City are designated as "lightly" limit, including both upland and lower-value riparian habitat areas. Wetlands Wetlands, including swamps, bogs, fens, marshes, and estuaries, play a crucial role in a healthy ecosystem by providing essential habitat for waterfowl, fish, amphibians and many other animal and plant species. The state defines a wedand as an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Oregon Administrative Rule (OAR) 660-023-0100). These areas also serve several natural hydrologic functions, including absorbing flood waters, sustaining summer stream flows, replenishing groundwater, and filtering out harmful pollutants from waterways. Wetlands also offer prime sites for people to witness the wonders of a unique natural setting where. fish, wildlife, plants, and water converge. These CPA2008-00003 2 Goal 5 City of Tigard Exhibit "A" beneficial functions of wetlands, however, may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. As outlined under OAR 141-086 for Wetland Conservation Planning, Tigard's locally significant wetlands were designated according to the criteria and procedures for identification of significant wetlands adopted by DSL. Inventoried wetlands were deemed significant if they received the highest rating on at least two of the four primary wetland functions, namely wildlife habitat, fish habitat, water quality, and hydrological control. Of the wetlands (within the City limits) identified in Tigard's Local Wetlands Inventory, roughly 98% are classified as significant wetlands. In 1997, the City of Tigard Local Wetlands Inventory (LWI) and Wetlands Assessment were approved by DSL. Approval by DSL means that the wetlands inventory meets state LWI standards, and therefore becomes part of the State Wetlands Inventory and must be used in lieu of the National Wetlands Inventory. Since the approval of the LWI, several new wetland delineations have occurred within the city limits. These new delineations were performed by wetland professionals and concurred by DSL. The newly delineated wetlands become part of the LWI, although a function assessment was not performed. Without the assessment, significance cannot be determined. However, the majority of the newly delineated wetlands is currently under protection from the City's sensitive lands review process because of their location in a stream corridor, 100-year floodplain, or within the CWS vegetated corridor. The remaining wetlands, although not covered by the City's sensitive lands review process, are subject to the state Removal-Fill Law and must secure permits as required by the law. Streams Roughly 30 miles of stream corridors cross through the City and nearly all the streams in Tigard drain into Fanno Creek, which then flows into the Tualatin River. These stream corridors provide a complex ecosystem linking water, land, plants, and animals and perform several ecological functions, including storing and conveying surface water, modulating flows, removing pollutants and providing vital habitat for aquatic organisms. The City collaborates with Clean Water Services (CWS), the surface water management and sanitary sewer system utility for urban Washington County, to protect local water resources. Through CWS De ign and Construction Standards, local governments in the Tualatin Basin (including Tigard) developed a unified program to address water quality and flood management requirements for Title 3 of Metro's Urban Growth Management Functional Plan. In 2002, the City of Tigard adopted regulations restricting development within and adjacent to sensitive water resource areas, including streams, through standards in the CWS Design and Construction Standards. The CWS standards provide for vegetated corridor buffers, ranging from 15 to 200 feet wide, and mandate restoration of CPA2008-00003 3 Goal 5 City of Tigard Exhibit "A" corridors in marginal or degraded condition. In addition, land-use applicants proposing development near streams and wetlands are required to prepare a site assessment and obtain approval from CWS prior to submitting a land use application to the City. Additionally, the Tigard Community Development Code (18.775) contains a chapter devoted to the protection of sensitive lands, including natural drainageways, wetlands, and the 100-year floodplain, by requiring applicants proposing development within a sensitive area to obtain a permit for certain activities depending on their nature and intensity. The City of Tigard also collaborates in implementing Clean Water Services' Healthy Streams Plan (June 2005). The goal of this plan is to improve watershed and stream health for' community benefit by recommending a number of policy and program refinements, as well as outlining a capital projects program. The capital projects focus on stream preservation and enhancement, flow restoration; community tree planting, stormwater outfall and culvert replacement. Groundwater The importance of groundwater to the community is twofold. First, it serves the function of naturally replenishing surface waters such as wetlands, streams, and lakes. This helps provide vital habitat for aquatic organisms and wildlife. Secondly, it is a source of clean water to help meet human water needs for drinking, household use, commercial/industrial use, and irrigation. The western portion of the City of Tigard is located above the Cooper Mountain/Bull Mountain Critical Groundwater Area. The Critical Groundwater Area was declared in 1973 in response to heavy pumping and the slow rate of recharge. This is significant because the City owns water rights to withdraw groundwater from the aquifer and it was once an important source of drinking water. Currently, the City of Tigard Water Division has one groundwater well in operation that is available to supplement the drinking water supply in times of high demand. The Water Division has also developed Aquifer Storage Recovery wells that allow potable water to be injected into the aquifer during the winter to supplement the summer high demands. Historic and Cultural Resources In 1984, the City adopted a Cultural Resource Overlay District to manage significant historic resources. Section 18.740 of the Community Development Code governs the application and removal of the district overlay, the primary purpose of which is to facilitate the protection, enhancement, and conservation of landmarks and historic and cultural sites and areas. Under state law (ORS 197.772) enacted in 1995, a local government is required to allow a property owner to remove a historic property designation that was imposed by the local government; in addition, the property owner may refuse to consent to the designation at any time in the process, thus removing the property from consideration for all but the National Register of CPr12008-00003 4 Goal 5 City of Tigard Exhibit "A" Historic Places. The implication of the statute and rule for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. Local conservation efforts can be combined with the National Register of Historic Places (the National Register), a list of cultural resources of national, regional, state, or local significance that is kept by the Department of the Interior's POI) National Park Service (NPS). Being listed on the Register does not protect a property from demolition, but it does document and evaluate the property's historic significance based on National Register criteria and makes the property eligible for federal grants when available, including rehabilitation tax credits. Many of the cultural resources associated with the original development of the Tigard area have not survived the City's growth during the last forty years. Improvements to Hwy 99W also contributed to the demise of the City's resource base. Those resources that survived include a mix of residential, educational, and commercial buildings. Currently, nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register. The only property from which the overlay has been removed was the Tigard Feed and Garden Store when the owner initiated the removal request. Chapter 18.740 of the Community Development Code requires that if an overlay property receives approval for demolition, a condition of approval will require submittal of a graphic and pictorial history and artifacts to the Washington County Museum. Key Findings • Clean Water Services' De ign and Construction Standards establish a vegetated corridor buffer adjacent to the City's streams to protect water quality; the City adopted these standards in 2002, ■ In addition to contributing to the general aesthetic quality of the area, streams and the adjacent riparian areas perform several ecological functions. ■ Roughly 98% of the City's wetlands are classified as "locally significant wetlands," per procedures outlined under OAR 141-086. • The Tigard Community Development Code requires Sensitive Lands Review for any development which would impact significant wetlands or the vegetated corridor buffer to wetlands. • Wetlands may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. • Based on the Economic, Social, Environmental and Energy (ESEE) analysis conducted by the Tualatin Basin Partners for Natural Places, 588 acres of the inventoried regionally significant habitat was designated as "strictly limit", 370 acres was designated as "moderately limit" and 422 acres was designated as "lightly limit." CPA2008-00003 5 Goal 5 City of Tigard Exhibit "A" • In December 2006, the City of Tigard adopted voluntary Habitat Friendly Development Provisions (Ordinance 06-20) that encourages the protection of habitat with the use of low impact development practices. • The Critical Groundwater Area on Cooper Mountain and Bull Mountain was declared by the State of Oregon in 1973 and restricts the withdrawal of groundwater on the western half of the City. • Groundwater wells currently in operation are limited to one traditional well and two aquifer storage recovery (ASR) wells. ■ In 1984, the City adopted a Historic Overlay District to manage significant historic resources. ■ In 1995, ORS 197.772 required local governments to allow a property owner to remove a historic property designation that was imposed by the local government. The implication for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. • Nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register; only the Tigard house has the Historic District overlay. ■ The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. Goal 5.1 Prateet and , and the restete resourees, environmenta bitty. Protect natural resources and the environmental and ecological functions they provide; and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity. ALTERNATIVE: Protect natural resources and the functions and services they provide, and, where possible restore natural resources to create naturally functioning systems and high levels of biodiversity. CPA2008-00003 6 Goal 5 City of Tigard Exhibit "A" Policies 1. The City shall protect and, to the extent feasible, restore natural resources in - et that w a varied of methods to. a. Contribute to the City's scenic quality of Tigard and its unique sense of place; b. Provide educational opportunities, recreational amenities, and buffering between differential land uses; c. Maximize natural resource functions and valties services including fish and wildlife habitat and water quality; and d. Result in healthy and naturally functioning systems containing a high level of biodiversity. include, but not be hfrAted to, the use of d el land Management reP6 isition of land a7ft e ervatioo eagementg, tenal-euttea' and xter" 3. resamee--`tirre-tions--and--va es- ate - the pe -and i4rastmettire designs of development ptojeets-- The City shall encourage public and private development to use sustainable building technologies and low impact development techniques and include measures to protect and improve natural resource quality /functions as part of site and building deli 4. The City shall actively coordinate and consult with landowners, local stakeholders, and governmental jurisdictions and agencies fill regarding the inventory, protection, and restoration of natural resources with and ageneies. 5. The City shall utilize periodic assessments of the effectiveness of the City's programs and regulatory structures to in€er guide future decisions regarding natural resource protection, management, and restoration. 6. The City shall utilize incentives or disincentives as- be to the extent feasible, to pre-fe discourage property owners from removing or degrading natural resources prior to apmlication for development or annexation. CPA2008-00003 7 Goal 5 City of Tigard Exhibit "A" 7. The City shall preserve protect and, to the extent feasible, restore riparian and upland habitats for fish and wildlife to the maximum extent possible on public and private lands eggential habitat elements that satisfy the food, water, , ; with Priefity given to Prateetten ever "tigatten; parks, , an' areas- 8. The City shall rotect and, to the extent feasible, restore the diverse ecological and non-ecological functions and values services of streams, wetlands, and associated riparian corridors. Strategies shall , but not be liHnited te: and vaitteg a9 a tegult of development, with priority 61-- and wildlife habitat; and suppatt fish and wil"fe, provide flood enable , natural teeharge E)f groundwater, and other eeolagieal an eanimunity enemas 9.1 The City shall ean-6fttte imIlement measures to protect groundwater lr. groundwater aquifers; and e-gtippleme -g--ldwater -extraetion with alternativ_e seurees. 10. The City shall maintain and ti"ze a periodically update and improve its baseline inventory of natural resources through surveys and monitoring. CPA2008-00003 8 Goal S City of Tigard Exhibit "A" 11. The City shall assist landowners in the protection of natural resources through diverse methods including, but not limited to: education, incentives, planned development standards and regulations, and conservation easements. 12. The City shall develop and implement standards and procedures that mitigate the loss of natural resource functions and services, with priority given to protection over mitigation. 13. The City shall identify, preserve and create linkages between wildlife habitat areas to the extent feasible as a key component of parks, open space, and surface water management plans. Recommended Action Measures i. Identify and inventory locally significant habitats and plant communities not included in the Nature in Neighborhoods and Tualatin Basin Natural Resources Coordinating Committee studies. ll. measerable goals. Utilize an active management approach that seeks to improve natural resource standards and programs by establishing a measurable baseline condition and desired end goals, periodically measuring the success of existing city actions against those goals, and making corrections as necessary to improve success. iii. Inventory and preserve small perennial streams as natural resource for their contributions to fish and wildlife habitat. IV. Inventory and preserve locally significant tree groves not considered regionally significant habitat. quality, vi. Periodically eva1t±ate identify and make steps to improve the effectiveness of existing natural resource protections with the Development code, identify g*ps, , CPA2008-00003 9 Goal 5 City of Tigard Exhibit "A" vii. Continue membership and active involvement with nonprofit and government agencies such as the Tualatin Basin Natural Resources Coordinating Committee. 'viii Men ix. Incorporate bioregional conservation strategies, such as those identified in the Oregon Biedivetsity -ej Conservation Strategy and Clean Water Service's Healthy Streams Plan into regulations and restoration programs. X. Utilize indicators of biodiversity as a measure of the quality and health of natural resource systems, and as a measure of success of City actions and strategies. X1. C2 or regidentia.-Mid earnrnereial uses. Implement a.prog-ram to assist the state in identifying and canceling unused water rights within Tigard for the purpose of stabilizing or reducing surface and groundwater diversion and extraction. xii Protect and restore natural resources through -a variety of methods including but not limited to: the use of development and land management regulations and incentives acquisition of land and conservation easements, educational outreach, and external partnerships. xiii Implement Land use regulations and standards that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility, and reproductive needs of fish and wildlife. xiv. Implement outreach and regulatory programs to identify and remove invasive species that threaten habitat areas. xv Identify and implement measures to protect riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat. xvi Identify and implemement measures to maintain and, where possible, restore hydrologic systems and regimes that support fish and wildlife, provide flood control. CPA2008-00003 10 Goal 5 City of Tigard Exhibit "A" enable natural recharge of - groundwater, and other ecological and community benefits. xvii Work with regional and state agencies to identify and address potential sources of contamination. xviii Identify and implement measures to reduce the amount of impervious surface area covering the City that prevents the natural recharge of groundwater aquifers. xix Supplement or replace groundwater extraction with alternative sources of water during periods of high demand. xx Encourage the use of automatic sprinkler protection systems in all buildings to reduce water consumption during fire-fighting operations and reduce runoff into adjacent natural resource areas. Goal 5.2 Promote ti:e ^reservauon and protection of historically and culturally significant resources. Policies I . The City shall actively promote the protection and preservation of historic and cultural resources and consider the development and implementation of new culturally significant resources and cooperate with organizations involved in their protection. Recommended Action Measures i. Promote and publicize historic resources in the City. ii. Support volunteer programs to preserve historic resources. iii. Encourage rent rehabilitation and reuse of historic buildings to the extent feasible, where appropriftt . iv. Consider holding City functions in historic buildings, where appropriate. CPA2008-00003 11 Goal 5 City of Tigard Exhibit "A" V. Support efforts to obtain historic designation at the city, county, state, and national levels for public and private historic sites. vi. Facilitate the development of appropriate economic options and alternatives for historic and cultural resources and organizations involved in their protection, when requested. 2 nIATI IRA' GGATI Ipcc AND QPF=N coeCG Ior;;tPd m4thin the Tigard Urban Planning Area This r- healthy urban deve!GpFAent. ThG6e enviFenment6, when viewed a6 a 6erle6 Of 6Y6teM6 rathe whiGh to live, work and play. Poedplain gFeenwaY6, far exarnple, Gan provide the GOMMUn4y tr, within the planning area. peFFneability, vegetation aRd drainage all play R;ajor Feles h.A -;;Pd- -are effeGted by developrnent. have adVeF6e effeGt6 OR pFopeFtie6 both up aRd down 6tFearn freF:n the developFnent 64e. The DPI IGY 3. 1. 11 THE CITY SHAW- nlnT 14.1-1-CAN DED/€69RM€NT IN AREAS H4VWG- T, 1 F111 I !1\A/IAI(_ D1C\/CI QPhACAIT 1 1MITAT'ON CXGr=PT \A/LCRE THE nwEi QPF=R DEMONS: pATCC THAT GENF_DAI_I Y ACCEPTED ENGINEERING TEGHN1101 IRS RELATED T-0 A So9CIFI~ ~SITE PLAN WI66 AAAKFE TH€ 4REA 2111TARI c FOR CPA2008-00003 12 Goal 5 City of Tigard Exhibit "A" MAP+ 1. 9.26 OF :THF= C00041 INITY DEN IEI OPMENT GOD (Rey, M R5 13- QFrJ. 84 36i QFd 07-2-0) THE CITY SHAILL RI,QW-IA-'T- DEDIR OPMENT WITHIN AREAS DESIGNATED AS S-14;WIFICANT WETI 4NDS. ON THE F1 QODP Al AND WE41- ANDS MAP, NO D-161"Fel-OPMENT S4141-1- OCCUR ON PROPERTY ADJACENT 1:0 4R DF=SIGNATED AS SIGNIPGANT ON THE POODPIAIN AN' TY FIVE (25) FEET OF-T441-7i DRSIGNAT RC\/ l OPMENT CG!`T1QN OF THE GOD (Rev. M. 05 ij QFd. 98 19i Ord. 90 ZLI-Ord 85 12- QKI-.-84 36i C)Fd07-2-04 (Rev. )rd. 01 .07 1MD1 F=ME 1TA=QN CTRATG -GY yoNch add gFeatly to the quality of life YAWR the Gemmunity e6G CPA2008-00003 13 Goal 5 City of Tigard Exhibit "A" vegetation. to the ae6thefiG quality of the Gommunity. VegetatieR Gentre!6 stafldard- s- POI ICIFR 2 4 T HR SH 6 DESIGNATE, aA~lIGGO~ne. ^ro;=WITUrH w>A 5, THE 2 SIGNIFICANT WETI e"Inc• b. AREAS HAVING €BUCATI^ :IAI RESEARCH VALUE, S ICU AS G. AREAS VALUED F=00 ~~€IR FR FILE CHARACTER AR HABITATS FOR PI A.NITR-A.IiMAL OR AQUATIG LIFE, OR `HNo ENDANGERED -~PLANT --OR ANIMAL SPECIES, OR SPECIFIC NATURAL I=E-ATI IR€S, VALUED FAIR THI=NE€D T9-PRO Tr•€GT NATURAL AREAS. 2 THF= CITY RH41 1 ' a. PRE1T€ST-FISH AND 0111 D' IF-I= HABITAT ALONG STREAM CORRIDORS 13Y MANAGING THE RIPARIAN HAPITAT AN17) AND BY REQUIRING THAT AREAS OF S-TANDINiG TREES AND NATURAL ~.~F_=C_;FETATION ALONG NATURAL DRAINAG EM CQI IRSES: AND WATERWAYS BE MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE; b. R€Q1~IR€ THAT -B€V€611R~VI€Na PROPOSALS IN' -DESIGNATED TIMB€R€bl OR TREE AREAS BE REVIEWED THROUGH THE VCI noM€NT PROCESS TQ-MINIMIZE= THEM 111 AA -vc~cc...rr PLANNED OF TrnGGe pFMnNiGnj AND G. REQUIRE Q-1-12-TER TYPF= DRNIM OPM€NT 4N AREAS u -,~,°VING IMPORTANT WI6DNF€ HABITAT- e eT~~n€6IPt€AT€B ^n"~I~T-HF= "FISH ANB WILDLIF€ H/IBITAT MAP" ON r11 c eT Tuc CITY d nnBR€sS GOAL 5 RULE R€^DIIIR€M€NITS PERTAINING TO THE PRESERVATION OF W€T6ANB€ QNG€ ADF=QIJATF= INFORMATION ON THE LOCATION, AND QUANTITY OF VVETIAND SITES IQ OBTAINED. THIS GOAL S pFPAF_= / WILL INN I IOC DETERMINING WH!GCU WETLAND 91T€S ARE €COLOGIGA"Y AND SCIENTIFICA1 1 Y SIGNIFICANT CITIZENS WILL PAR I° IN MAKING PGLIGY REG QMM6N DATION Ss FOR THE PROTECTION AND v wr cc PRESERVATION OF THQIS€ W€TLANB-AR€AS DRS IATED AS SIGN! FICA NT THE CITY SHALL COMP6€T€ ITS GOAL 5 REVIEW OF WET' AND rAREAR 2r=rOR€ TH€ CITY'S NEXT- PER n1 REVIEW, RI IT NO 1 XER THAN F nC CAARFR 731096 (Rev. Ord. 95 13i QFd. 93 30) IMPLEMENTATION STR_A.T-EGIES CPA2008-00003 ] 4 Goal S City of Tigard Exhibit ;and ider the 1, If 4& GO Gf all dAV !11 ;:j -theF fed ity pot s FAFM theF to a Goal 5 15 CPA2008-00003 City of Tigard John Floyd From: NEWELL Avis [NEWELL.Avis@deq.state. or.us] Sent: Thursday, May 15, 2008 10:07 AM To: John Floyd Subject: FW: Comp Plan Amendment comments Seems I misspelled the email address the first time around. Hopefully this will work. -----Original Message----- From: NEWELL Avis Sent: Thursday, May 15, 2008 10:04 AM To: 'johnr@tigard-or.gov' Subject: Comp Plan Amendment comments Good Morning John, I am the Tualatin Basin Coordinator in the water quality section of DEQ's Northwest Regional Office. I have reviewed the proposed amendments for Tigard's Goal Five of the Statewide Planning requirements. You have requested comments by May 16, so I am providing them here by email. My comments reflect an interest in and expertise in water quality; I am sure you will receive comments pertaining to other natural resources from other parties. I hope that my comments do not conflict with those, and if they do, I would be happy to discuss any questions that arise. DEQ likes the emphasis on protecting ecological function in the language of your amendment. You do this in particular in Policy items 1c and 1d, 3, 7, 8 and 9, and to a lesser extent in the remaining policy items. Urban streams are most ,u;n2rCt!e to the impacts caused by increasing the area of impermeable surfaces. Policy 3 that encourages love impact development, and Policy 9b navc ! ^ J,^_,oP that can directly affect this imoact. We encourage you to maintain this language in the adopted amendment, and to support Action Measure viii as strongly as you are ate Thank you for the opportunity to review this proposal, and please feel free to contact me if you have any questions. Avis Newell Tualatin Basin Coordinator Oregon Department of Environmental Quality (503)229-6018 1 -John Floyd From: Dalby, John K. [John.Dalby@tvfr.com] 'S'ent: Wednesday, May 07, 2008 3:54 PM To: John Floyd Subject: (CPA) 2008-00003 Goal 5: Natural Resources and Historic Areas Good afternoon Mr. Floyd, .Our comment regarding this update involves the city's endorsement of the fire district's desire to promote automatic sprinkler protection in all buildings hereinafter constructed. Fires occurring in residential and commercial buildings not protected with automatic sprinklers require a significant amount of water to control and extinguish. Buildings with automatic sprinkler protection do not require such large amounts of water for extinguishment when fire occurs. The runoff from fighting structure fires contaminates adjacent wetlands and waterways. The runoff from fires in buildings protected with automatic sprinkler systems is comparatively insignificant. How you wordsmith it to fit within the document sent for our review is up to you. We would be happy to provide additional input should you so desire. Thanks, John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4723 i Attachment "1" City of Tigard Memorandum To: Jodie Inman, President; and members of the Planning Commission From: John Floyd Re: Draft Definitions related to CPA2008-00003 Date: May 23, 2008 The Following is a list of Draft Definitions for use by the Planning Commission when making decisions regarding CPA2008-00003 (Natural Resources and Historic Areas). While these draft definitions are not part of the proposed comp plan amendment currently under consideration, scheduled to return with the full glossary at a future date, they are relevant to the June 2 public hearing. Related Definitions to Natural Resource Areas Biodiversity - The full range and variety and variability within and among organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species d1,:?rsity, and genetic diversity. Clean Water Services (CWS) - A public utility committed to proit:cw ig vv,:.±er rC3 JI.,.._ in the Tualatin River Watershed through innovative wastewater and stormwater services, flood management projects, water quality and stream enhancement projects, fish habitat protection, and more. Encourage - support, advocate, or take affirmative action to achieve a particular community objective. Feasible - reasonably capable of being done, executed, or effected with the means at hand and circumstances as they are; practicable. Functions and Services - This definition is limited to natural resource functions and services. Functions refers variously to the physical, chemical, and biological processes or attributes that contribute to the self-maintenance of a natural system. Some examples of ecosystem functions are provision of wildlife habitat, carbon cycling, or the trapping of nutrients. Services represent the benefits human populations derive, directly or indirectly, from ecosystem functions. Some examples of ecosystem services are Attachment "1" support of the food chain, harvesting of animals or plants, and the provision of clean water or scenic views. Functions and services do not necessarily demonstrate a one- for-one correspondence due to the interrelated nature of many functions and services. Goal - A general statement indicating a desired end or the direction the City will follow to achieve that end. Habitat - An area upon which fish and/or wildlife depends in order to meet their requirements for food, water, mobility, security, and reproduction. Healthy Streams Plan - Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowledge and innovation to improve watershed and stream health for community benefit. Historic and Cultural Resources - Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of the Nation, Oregon, and/or Tigard. Impervious Surface - A solid surface, such as streets, parking lots, and roofs that prevents rain from being absorbed into the soil, thereby increasing the amount of water runoff that typically reaches a receiving stream. Low Impact Development (LID) Practices - An approach to land development that uses various land use planning and design practices and technologies to simultaneously conserve and protect natural resource systems ^-1 redure - infrastructure costs. LID still allows land tc ~je developed, but in a cost-effective manner that helps mitigate potential on--d onmental impacts. Natural Resources - Inventoried resources and natural resource systems including fish and wildlife habitats; wetlands; streams and associated riparian corridors; groundwater; and rare and endangered fish and wildlife, plants, and plant communities. Natural Systems - interactive, interrelated, and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Nature in Neighborhoods Program - A Metro region conservation initiative that brings people and government together to ensure a healthy urban ecosystem. The initiative will align the region's conservation programs behind a strategic effort to protect clean water and healthy natural areas for fish, wildlife and people. It will add more hands-on capacity for conservation education and habitat restoration. Policy - 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. Attachment "1" Promote - support, advocate, or take affirmative action to achieve a particular community objective. Recommended Action Measure - 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. Regionally Significant Habitat - Areas containing significant fish and wildlife habitat as identified and periodically updated though the Metro Nature in Neighborhoods Program. Riparian Corridor - See Stream Corridor Sensitive Lands -As defined in Chapter 18.775.010.G of the City of Tigard Community Development Code. Stream Corridor - Area adjacent to a perennial or intermittent creek or river that protects the water quality, functions of the stream as well as fish and wildlife habitat. Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. Sustainability requires simultaneously meeting environmental, economic and community needs. Wetland - An area that is inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. . ATTACHMENT B City of Tigard Memorandum To: Jodie Inman, President; and members of the Planning Commission From: John Floyd Re: Comments received from Oregon Department of Fish and Wildlife (ODFW) and Sue Bielke regarding CPA2008-00003 Date: June 2, 2008 The purpose of this memo is to convey recent correspondence regarding the Natural Resources Comprehensive Plan Amendment (CPA2008-00003). Subsequent to distribution of the packet for June 2, 2008, staff received one letter and one email regarding CPA2008-00004. Both are attached for your review and include the following: o- Letter from Mischa Connine, Oregon Department of Fish and Wildlife. May 28, 2008 ➢ Email from Sue Bielkie, June 2, 2008 including one attachment Oregon Department of Fish and Wildlife The letter from ODFW of May 28, 2008 contained four comments.' None of these comments challenged the legitimacy of the document (i.e. its compliance with applicable regulations), each being a suggestion on how the document might be strengthened from their perspective. A summary and staff response is below: 1. "The format of [the] layout is difficult to follow. It is recommended that for each Goal, the Policies and Recommended Action [Measures] are grouped together." Staff Response: The format of this chapter is consistent with formatting cho en for the whole of the Comprehensive Plan. Additionally, a Recommended Action Measure may satisfy several Policies and as a result the suggested format would create unnecessary repetition within the document. Staff acknowledges the comment, but recommends that the Planning Commission not adopt it. 2. "It is strongly recommended that fish and wildlife species are also identified as a resource." Staff Response: This recommendation exceeds the minimum requirements of Goal S, and regional programs implemented through METRO and the Tualatin Basin Partnership, regarding the protection of natural resources insofar that speafc fish and wildlife would be regulated in addition to habitat. The proposed language contains protections for fish and wildlife through the protection and restoration of both riparian and upland habitats including Goal 5.1 and Policies 1, 6, 7, 8, 11, 12, and 13. Furthermore, the proposed language would not prohibit the City from implementing species specific protection and recovery plans at a future date, should that become necessary. Staff acknowledges the comment, but recommends that the Planning Commission not adopt it. 3. "It is also recommended that the fish and wildlife habitat is separated into wetland and upland habitats." Staff Response: This recommendation would split Policy 5.1.7 into two policies, one addressing riparian habitat and another addressing upland habitat. In subsequent conversation, ODFW expressed a concern that it would be d fficult for the City to develop specific policies and action items to address conversation, protection, and restoration of both types of habitat. Staff f nds that a unified habitat policy has the safe regulatory effect and standing as two separate policies, and sees no reason to separate them. Staff acknowledges the comment, but recommends that the Planning Commission not adopt it. 4. "It is recommended that each of the City's identified resources should be addressed by a policy specific to that resource." Staff Response: The existing language carries the same regulatory effect and standing as individualpolicies. The decision to write umbrella policies (including but not limited to Policies 1, and 4) was made to prevent the unnecessary duplication of language in the document. Resource specific policies are already proposed including, but not limited to 7, 8 and 9. Staff acknowledges the comment, but recommends that the Planning Commission not adopt it. Sue Bielke On June 2, 2008 an email was received from Sue Bielke containing comments she wished to present to the Planning Commission for its consideration. The email also contained one attachment, a previous email of May 13, 2008. Both are attached for the Commission's review. The main points of her email broadly include a request for more time, a reorganization of the document to include resource specific goals, and more explicit language regarding listed species and native American artifacts. Staff acknowledges her comments, but finds the existing language legally adequate and providing the necessary legislative basis for future protection and restoration programs called for in her electronic correspondance. 1 e regon Department of Fish and Wildlife N r 7 Sauvie Island Wildlife Area Theodore R. Kulongoski, Governor North Willamette Wildlife District s e 18330 NW Sauvie Island Road Portland, OR 97231 503-621-3488 FAX 503-621-3025 May 28, 2008 OREGON Fish 8 Wiltllile John Floyd City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Mr. Floyd, The Oregon Department of Fish and Wildlife (ODFW) has reviewed the City of Tigard's draft Goal 5 of the Comprehensive Plan and would like to offer the following comments and recommendations. The City provides one goal, followed by a series of "Policies" which are followed by a series of "Recommended Action Items". The format of this layout is difficult to follow. It is recommended that for each Goal, the Policies and Recommended Action Items are grouped together. Following is an example of the recommended format. Goal 5 Policy 5.1 Recommended Action Item A Recommended Action Item B Recommended Action Item C The City identifies the following resources that are addressed in Goal 5: fish and wildlife habitat, wetlands, streams, groundwater, and historic and cultural resources. It is strongly recommended that fish and wildlife species are also identified as a resource. It is also recommended that the fish and wildlife habitat is separated into wetland and upland habitats. The goal of the City is to "protect natural resources and the environmental and ecological functions they provide; and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity." It is recommended that each of the City's identified resources should be addressed by a policy specific to that resource. For example, there should be a separate policy addressing wildlife upland habitat, fish and wildlife stream and wetland habitat, fish and wildlife species and groundwater. For example: Policy 5.1: Wildlife Upland Habitat Protect, conserve and restore upland habitats related to wildlife, aesthetics, slope protection and groundwater recharge. Encourage increased vegetation, additional wildlife habitat areas, and expansion and enhancement of undeveloped spaces. Upland habitats include all habitats that are not categorized as wetland or waterway. Examples include mixed conifer forest, oak woodland, oak savannah, grasslands, prairie, etc. Recommended Action Item A: Protect, conserve and restore upland habitats and Oregon Conservation Strategy habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Conduct a baseline inventory of all upland habitat types within the City. Policy 5.2: Fish and Wildlife Stream and Wetland Habitat Protect, conserve and restore streams, riparian corridors and wetland habitat which have significant functions and values related to flood protection, sediment and erosion control, water quality, groundwater recharge and discharge, education, vegetation, and fish and wildlife habitat. Recommended Action Item A: Conserve riparian, wetland, and water body natural resources through the designation and protection of transition areas between the resource and other urban development and activities. Restrict non-water dependent or non-water related development within the riparian area. The recommended riparian buffer size is 200 feet for fish-bearing streams and 100 feet for non fish-bearing streams. Recommended Action Item B: Conduct a baseline inventory of all wetland and waterway habitats within the City. Policy 5.3: Fish and Wildlife Species Protect, conserve and restore fish and wildlife populations that contain ESA threatened and endangered, Oregon state sensitive, rare and Oregon Conservation Strategy species through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item A: Protect, conserve and restore stream, wetland and upland habitat that contain ESA threatened and endangered, Oregon state sensitive or Oregon Conservation Strategy species habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Establish a high level of biodiversity within the stream, wetland and upland habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item C: Conduct a baseline inventory of all fish and wildlife species. These examples are not meant to be a comprehensive list of all Policies and Recommended Action Items, but to provide a recommended example of how to adequately protect, conserve and restore the City's natural resources. The Oregon Department of Fish and Wildlife recommends that the City of Tigard includes their Natural Resource Committee to develop a comprehensive list of Policies and Recommended Action Items that will protect, conserve and restore the City's natural resources. The Oregon Department of Fish and Wildlife would like to thank the City of Tigard for the opportunity to provide comments. If you have any questions or would like to discuss the comments and recommendation of this letter, please feel free to contact me. Sincerely, Pi"; A Mischa Connine Habitat Biologist 18330 NW Sauvie Island Road Portland, OR 97231 (503) 621-3488 ext 228 mischa.a.connine@state.or.us John Floyd From: Sue Beilke [sbeilke@europa.com] Sent: Monday, June 02, 2008 9:19 AM To: John Floyd Cc: John Frewing; Jay Watson; drescher@teleport.com; jblowers@ix.netcom.com; el.lindstrom@comcast.net; 'Brian Wegener' Subject: natural resources section of comprehensive plan Attachments: Fw_ Meeting_ Friday at 1 pm.eml John, Please forward the below comments to the Planning Commission for tonight's Hearing on Goal 5, Natural Resources and Historic Areas. Planning Commission City of Tigard Below are my comments regarding the Natural Resources and Cultural Resources sections for the Comprehensive Plan and the Planning Commission Hearing tonght: 1. 1 am currently a citizen serving on the Natural Resources Committe of Tigard, and to date we have had two meetings for this subject. As I have stated in the past numerous times, two meetings were insufficient in writing goals and policies that would adequately address the conservation and protection of our natural resources in Tigard. 1 am therefore requesting, again, that the Planning Commission delay adopting language for Natural Resoure Section of the Comprehensive Plan, and allow our citizen committee more time, at least two more meetings, to adequately come up with goals and policites that address the Statewide Planning Goal 5 and its requirements. What started out as 5 goals with associated policies at the first meeeting, dwindled down to only 1 goal and policy by the second meeting. This reduction was done by city staff and not citizens. The current document is totally inadequate in protecting and conserving the many natural resources that exist in the city of Tigard. 2. The current Goal has language that is weak and will not be adequate in protecting, conserving and restoring all of the natural resources in Tigard. This one goal needs to be broken down into at least 5 -goals, each goal would then address various areas of natural resources, such as "Wetlands", "Upland Forests", "Fish and Wildlife", etc. Then, each of the 5 goals would have associated policies that could specifically address the needs of that resource, for example, for Fish and Wildlife, an example of a policy would be: "The city shall restore fish and wildlife populations in order to achieve a high level of biological diversity". 3. We strongly recommend taking out the verbage that the PC inserted in the first workshop; where our committe had "Protect and restore", the PC changed to "Protect and then "restore where feasible". This so weakens the document as to make it virtually unenforceable. Why would anyone NOT want to restore natural resources, especially in light of the massive influx of invasive species invading Oregon, including plants and wildlife. It is our duty to be good stewards of our natural resources and to do Everything we can to protect and restore what we have inherited. Therefore, I recommend taking out "where possible" or "where appropriate" from all of the document and replacing it with "Protect, conserve and restore" for all of the goals. Language such as "where appropriate" only serves to weaken this document and make unuseable. 4. Our Natural Resources Committee did not get to the stage for developing a Definitions Section (it was done by staff), hence the following comments on that: - "Natural Resources" - in this definition, the city starts with "inventoried". This word needs to be removed, as natural resources should refer to ALL of the natural resources not just those inventoried, since much of the city has not been inventoried. We still need to inventory many areas of the city, but regardless of what has or has not been inventoried, we need to protect ALL of our natural resources. 1 "Rare" - We wanted to make sure this is part of this section and should be defined as "Plants, fish, wildlife or .habitats considered to be unique, uncommon, unusual or of high value due to declines in local population numbers compared to historical levels or considered to be a cultural resource by Native American tribes". Examples of local "rare" species would be camas, pond turtles, painted turtles, any salmonid fish species; examples of rare habitats would be oak prairie habitat; examples of Native American cultural resources would be camas, western red cedar trees, and anything determined to be "a usual and accustomed place". - "Sensitive Habitat" - This would be defined as "Sensitive Habitats are those area containing rare and/or any plant, fish or wildlife or habitat type on any state or federal lists as defined below." "Uplands" - A definition for uplands was also left out of this section. Upland could be defined as "all habitats beyond the riparian zone of an ecosystem" which includes for example, mixed conifer forests, oak prairies, and meadows. "Species on State or Federal Lists" - We also need a definition for this, which can read "All species that are on any state or federal lists, including threatened, endangered, sensitive, critical or species of concern." Example of species on these lists include both native turtles and red-legged frogs. - "Sustainable" - This definition should include verbage that also addresses the sustainability of the resource, can the resource be sustainable with any level of development? Who ever proves they can do this? The current definition is totally backwards and should read: "Any development or use of any resource by people must ensure that they will not in any manner reduce the fish and wildlife populations or reduce the amount of habitat or the functionality of that habitat(s) in question." 5. ,We need to have a policy that addresses protection of sensitive habitats, including those which contain rare or listed species, in order to protect and restore these species. Examples include: Policy: The city shall make it a high priority to protect and restore sensitive habitats which will include not allowing development of any kind into these areas no trails, etc.).. The city is already doing this but it needs to be in writing and part of the Comp. Plan. Policy: The city shall make it a high priority to actively pursure funding to restore sensitive habitats." 6. The city needs to have a goal and related policies that addresses biological diversity and its importance in relation to natural resources. Example: Goal: Protect, conserve and restore the biological diversity of all habitats within the cites Example of associated Policy: The city shall actively work with local conservation groups and citizens to restore the highest level of biological diversity to all wetlands in the city of Tigard. 7. Goal 5.2 - Regarding protection and preservation of historic and cultural resources, I saw NO mention of Native American artifacts that have been found in Tigard, including those found on the library site, on the Ash Creek Natural Area or anywhere else. This needs to be documented in an attached inventory and then needs associated policies in order to protect and preserve these important cultural resources. In addition, there are areas in Tigard that are considered "usual and accustomed places" by Native American tribes and this also needs to be addressed in an inventory and with associated policies, such as "The city shall protect, conserve and restore areas considered "usual and accustomed places" by any Native American tribe." Attached are additional comments and recommendations I submitted to the city on May 9 after the first PC workshop. Again, we still have much work to do before this section of the Comprehensive Plan is adequate and able to be adopted as part of the Goal 5 statewide planning process. I therefore an requesting that the Planning Commission NOT adopt the current language for the Natural Resource or Cultural Resource sections of the Comprehensive PLan, but rather, work with local citizens and conservation groups, such as Fans of Fanno Creek and The Biodiversity Project of Tigard, to make this a more complete and worthy document that will guide natural resource protection, conservation and restoration for the next 20 years in Tigard. Thank you for your consideration in this matter. Sue Beilke, Director,The Biodiversity Project of Tigard Board Member, Fans of Fanno Creek Vice President, Friends of Summer Creek Director, The Turtle Conservancy 2 John Floyd From: Sue Beilke [sbeilke@europa.comj Sent: Tuesday, May 13, 2008 9:03 AM To: John Floyd Subject: Fw: Meeting: Friday at fpm Here it is. Original Message h x, From To: John Floyd ; 'John Frewing' Cc: Marissa Daniels Sent: Friday, May 09, 2008 8:56 AM Subject: Re: Meeting: Friday at l pm John, Here are some of the recommendations/comments/language changes I proposed at the PC workshop for Natural Resources. - Use "Protect, conserve and restore" where we now have "protect and restore" - omit "where appropriate" from the entire document - keep in "values" but make sure it is defined in the Definitions section, and include some examples - For the Goal; we now only have one goal, I think that is "lame" considering the extent of the diversity of natural resources we are addressing. Originally we had at least 5 as I recall. I recommend splitting 5.1 into 3 goals. 5.1: Protect, conserve and restore natural resources and the environmental and ecological services they provide. 52 Protect, conserve and restore natural resources in order to reach a high level of biodiversity. 5.3 Protect, conserve and restore plants, plant communities and fish and wildlife populations considered rare, or on any state and federal species lists as a high priority. - I do not recommend deleting Policy 2. Somewhere in the PC meeting, the chairwoman, said something to the effect that "low impact development does not include incorporating natural resources"? I need to have that clarified and then that needs to be addressed at the next meeting, as she is very wrong on that one if that is what she said. - Policy 3- this needs more work and we really need to define "sustainable" in regard to natural resources. For example, if you put in several houses near a stream and only have a 50' buffer, this will not overtime "sustain" the wildlife that live there. That size buffer is too small to "sustain" the birds, mammals and other species that have inhabitated it for thousands of years. - I recommend adding several new policies; - Policy - The City shall create a distinct zone for open space, greenways, etc. in order to protect permanently all natural resources. - Policy - The City shall place a high priority on the protection, conservation, and restoration of rare plants and habitats (e.g., oak prairie) and rare and state and federal fish and wildlife species listed as "Species of Concern, Sensitive, Threatened, or Endangered (e.g., Northern red-legged frog, native turtles). Make sure we define "hydrologic regimes". - Policy 10: 1 would have several policies covering inventories, etc. 1. The City shall conduct surveys of All natural resources in order to establish a baseline inventory. 1 2. The City shall periodically maintain and update the Natural Resources inventory through surveys and monitoring efforts. 3. The City shall utilize the natural resources inventory to assist with setting goals and objectives for restoration „ activities. Then under these 2 Policies I would add these Action Measures: a. Conduct surveys and monitoring of all natural resources to establish a baseline inventory. . b. Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts. c. Engage citizens and volunteers to assist with surveys and monitoring. d. Identify opportunities for funding and apply for grants to assist with restoration efforts. We also need to make sure that "uplands" are addressed, such as in Policy 8. I`recommend adopting Metro's Title 13 as John recommended at the workshop, again so that uplands are protected, etc. - We need to look at the CWS standards that. the city has adopted in order to see if they are adequate in protecting our natural resources, since CWS standards and regs. are set up to only address "water quality". I think it would then be in order to establish several goals and policies that address buffers, etc. in order to further protection for habitats and fish and wildlife. See you at 1 PM. Sue Original Message -----adc. .w&,~'. •,A-A,'_....s.._..~?. t.'r":..a ..~.c._.. . To: 'sbeilke(a~europa.com' ; 'John Frewing' Cc: Marissa Daniels ; Ron Bunch Sent: Tuesday, May 06, 2008 3:03 PM Subject: Meeting: Friday at fpm Hello Sue and John, .Friday at fpm seems to work for all of use. I'll go ahead and reserve a room, just come to the front counter and ask for me. If you could , please forward me (and each other if you haven't already) any comments you have ahead of time. If you don't mind, Marissa Daniels would like to attend the meeting as well. Thanks, John John F4oyd City afTgard . Assodate Planner 1N Cornmuriity Dev6opment -2429 3olanfl~;tiga~.d~i..•5jov ~3i25;S1+~:Hail;$I.ucJ; . Tuprd~ OFt97223 2 ATTACHMENT C City of Tigard Memorandum To: Jodie Inman, President; and members of the Planning Commission From: John Floyd Re: Additional Language proposed for deletion in CPA2008-00003 Date: June 2, 2008 The purpose of this email is to supplement the packet distributed for the June 2, 2008 meeting of the Planning Commission regarding CPA2008-00003. Staff inadvertently left out two existing policies proposed for removal (listed and struekthratigh below), should the Comprehensive Plan Amendment be approved. EXISTING POLICIES DEVELOPMENT LIMITATIONS EXCEPT-3AIM11FEREE 11T. 6.4,4 BE' SHOWN, THAT ESTABLISHED AND PROVEN ENGINEERING , TECHNIQUES RELATED TO A SPECIGIr SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOT€: THIS Ent Irv DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.); AREAS MEETING THE DEFINITION OF WETI AN05 UNDER CHAPTER 18.265 OF THE (Rey, QFd. 85 13i Ord, 84-36) 1-= W 17= T14E GIP( SHALL PROHIBIT ANY LAND FROM ALTERATION'S OR DENIED QPh4 NITS IN T 100 YEAR FLOODPLAIN WHICH WGULD-R.-ES-1-11-T, ANY RISE IN' ELEVATION OF T14F- ATTACHMENT 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 2, 2008 1. CALL TO ORDER President Inman called the meeting to order at 7:03 PM. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. i 2. ROLL CALL ! i Commissioners Present: President Inman, Commissioners: Anderson, Doherty, Hasman, Muldoon, and Vermilyea QQmmiisgionerrg Absent: Caffall, Fishel, Walsh Staff Present: Ron Bunch, Assistant Community Development Director; Greg Berry, Project Engineer; John Floyd, Associate Planner; Darren Wyss, Associate Planner; Doreen Laughlin, i Administrative Specialist II 3. COMMUNICATIONS None. 4. APPROVE MEETING MINUTES i There was a motion by Commissioner Vermilyea, seconded by Commissioner Hasman, to approve the May 19, 2008 meeting minutes as submitted. The motion carried as follows: AYES: Anderson, Doherty, Inman, Muldoon, Vemulyea, Walsh NAYS: None f' ABSTENTIONS: Hasman l EXCUSED: Caffall, Fishel 5. RECOMMENDATION - Renaming of SW Alpine View E The following commissioners reported site visits: Commissioners Vermilyea and Hasman. i Greg Berry, Project Engineer, presented the staff report on the City's behalf. He reported that r this was a request to the Planning Commission to recommend that City Council approve or disapprove the proposed name change of SW Alpine View to SW Alpine View Drive. He went on to explain what was written in the staff report (Exhibit A). PLANNING COMMISSION MEETING MINUTES June 2, 2006 - Page I IARPLN0Qfa9AW0 0I'Mots(of 2006113.02.06 Pub!]CF40fin0 and MOOMenda onMpe 6.2-06MIfwlacdoo fTbIwoalhry• In 6s omualy. Is ovalla01o an CO. and r4tolned of C6y of Ingerd Publo Ramos. 1 r After the presentation, there was a motion by Commissioner Vermilyea as follows: j "I move we recommend to approve the name change as proposed by the City." Commissioner Hasman seconded the motion. The motion carried as follows: i AYES: Anderson, Doherty, Hasman, Inman, Muldoon, Vermilyea NAYS: None ABSTENTIONS: Fishel EXCUSED: Caffall, Walsh j 6. PUBLIC HEARING 6.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003 Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 5: f Natural Resources and Historic Areas REQUEST: To amend the current Comprehensive Plan to include goals, policies and recommended action measures to reflect j current community conditions and values relating to Tigard's Natural Resources and I Historical Areas. The complete text of the proposed Amendment can be viewed on the City's website at http://www.dgard-or.gov/code- amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community ! Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural ` Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7 and 11. President Inman opened the Public Hearing portion of the meeting. Associate Planner, John Floyd, presented the staff report on behalf of the City. Floyd advised the commission that they are entering the public hearing phase of the Natural Resources and Historic Areas i Comprehensive Plan Amendment (CPA2008-00003). He said staff is seeking approval of j changes to Section 3 of the existing Comprehensive Plan pertaining to Statewide Planning Goal 5. Two memorandums had been distributed for their review. He noted that one of them (Exhibit B) includes additional language to be removed because of this amendment, and corrects an oversight in the original packet. The second (Exhibit C) contains two pieces of correspondence received by staff subsequent to distribution of the packet. He reminded those present that this hearing follows multiple Policy Interest Team (PIT) meetings and two j Planning Commission Workshops on the contents therein. He said staff has responded to feedback received at the workshops, with changes noted in Attachment "A" of the packet. Floyd reported that staff recommends that the Planning Commission finds this request to meet the necessary approval criteria. And further, staff recommends that the Planning Commission make a recommendation to Tigard City Council that it amend the Tigard j Comprehensive Plan as determined through the public hearing process. j PLANNING COMMISSION MEETING MINUTES - June 2, 2008 - Page 2 I:KRPLMDorsanrPCIPO Packets for 200a14o248PubGe H.ariny andgtoon nendal(anvpaes.oa Mlnuw.doa I (TNa rnea0nd, In Its entirely, Is available on CD. and retained at Cby d 7toaro Puboa Henolda.( f I • I I i I I At this point President Inman opened up the meeting to questions from the commissioners. The following questions were asked - answers are in italics. • One of the commissioners referred to Sue Beilke's email (Exhibit Q and questioned whether the policy shouldn't be broken down into separate sections as suggested. It's more a matter of formatting. I believe there's equal rc8ulatory weight and power in both formals. It's just that during the process a lot of the language seemed to be very repetih've. i • Why isn't the term "uplands" mentioned? We should make sure it gets included in the definition so it is understood. Verygood point, thankyou. } • Is there a problem using the verbiage protect, preserve and restore? The language in f Attachment A speaks to "pmtect and restore. " We did a survey of many documents and the phrase ' '~rotect and restore "and '~mtect, preserve and restore "are interchangeable in the documents we looked at It was chosen for the sake of simplicity. It means the same thing. f • Are there fiscal restraints with restoring? Yes - it mould be dependent on the .situation, i i • So, in other words, if you've got a policy to "restore" and you don't have the £undg to E restore, then, is it enforceable at all? I think the phrasing "to the extent feasible" is in this document and, in the `Definitions" section, we done the word 'Yeasibk. " Feasible is defined as "reasonably capable of being done, executed, or effected with the means at hand and circumstances as they are; practicable. " • Do you know whether the City has budgeted money for stream restoration? The City has some funds for stream restoration and some of the monies we get through partnerships with Clean Water Services. There are some physical restraints for restoration, for example, if a developer worked on a site that had remnants of a very high valued wetland that had been previously graded, it all depends on howyou interpret restore. Implementation of "restore" is highly dependent on the ability to actuallyget it done. Taken to the extreme, it could be extremely expensive and very di acult to do and could pose a burden on both the City and the developers. So there is, indeed, a feasibility component of restoration. • 1 At this point, the commissioners turned their attention to Sue Beilke's email regarding { adding definitions. i One of the commissioners recommended taking out the word "inventoried" in the E definition and staff agreed that it could be taken out. There was more discussion regarding the other definitions that had been raised by Ms. Beilke. PLANNING COMMISSION MEETING MINUTES - June 2, 2008 - Page 3 1:11 RPlMDorea4M%PC PauDla IOr MUNS-07.08 Pupb RDOMB and roanmendellonYpa 8.7-08 Mlnutea.dOC rrNa moannp, In 14 Waely.11 ".11able on CD, and fWelned N City of Tigard PuDBC Rawrda.) PUBLIC TESTIMONY PROPONANTS: John Frewing - 7110 SW Lola Lane, Tigard, drew a picture on the whiteboard for later reference. He said he agrees with Ms. Beilke in several regards and that he had several key j comments to make. 1 Comment 1 - Frewing talked about the generality of the policies. He said there should be t more specificity and clear policies. Comment 2 - Frewing spoke about riparian areas. He believes the area of interest needs to be broadened to include the "channel migration zone." He referred to the drawing on the board (Exhibit D) saying it was a rough drawing of such a zone, He said the stream was in the dip in the center and the broad flat area near the stream is the channel migration zone ! where the stream will change from year to year or decade to decade. He thinks this should be included in the new Comp Plan and added to the sensitive areas to be protected - from not only flooding, but also landslides. Comment 3 - He suggested that the Planning Commission direct staff to reference the current maps, tables, charts, whatever, that provide inventories and, if staff wants to update those things, great. However, let us name the documents that are to be created so we can see what we are.going to have to make decisions on. Comment 4 - In a previous workshop I asked that the Comp Plan mandate the creation of overlay zones in the City for natural resource protection - whether wetlands, timbered areas, whatever and I've not seen that implemented. I would testify that I think that's a good idea and I think other cities do it. It's feasible, if you will. Comment 5 - There should be provision regarding natural resources for citizen enforcement action. Citizens can have a role in enforcement. This should be in the Comp Plan. Comment 6 - In the sustainable sites document used by Metro it doesn't use the word "people". Sustainable means sustainable to everything - not just sustainable to people. I think when you use the word sustainable, it should be broadened to include more than people. Comment 7 - There should be some sort of citizen enforcement. There are a variety of legal f things in our country where citizens can have a role in enforcement and I think Tigard is r limited in its capability of enforcement and should have some provision for this in the Comp Plan. With regard to Natural Resources, the 1972 Federal Water Quality Act includes specific provisions for citizen enforcement - reporting violations, discharges, and so forth. Those ! kinds of things should be specifically included in this Comp Plan. At this point President Inman opened it up to questions of Mr. Frewing. Following are the questions by the Commissioners (italics are answers by Frewing.) ' What more specific policies would you have us put into what we already have? I'd be glad to provideyou with a recommended list. I would askyou to commit to do something more than (reference Goal 5.1 policy 4 -bottom of page 3 of 20) "actively coordinate and consult with landowners, etc. " PLANNING COMMISSION MEETING MINUTES -June 2, 2008 Page 4 I:LLRPLNQoieenlPCWO Parlebfor 200e10.02.09PuNio NaaMp end reoommandaf mpoed•Oe Mtfwiaa.doo (TNa meeting, in ge erdoely, Is araiaola on CD, and ralafned at Or of Tigard PuCOe ROOMS.) , ! i 1 - What does "coordinate and consult" mean? No idea, Tell me what you're going to do. Be more speaf:c. And Goal S.1 Policy 13 - create linkages? I think you should say, you'll place a prdority on properties, on .rites, that enate linkages, It's so general it's not useful to me. I believe it needs more work before going to Council. Please explain what you mean by citizen enforcement. Its citizens initiating actions that have to be F acted on by authorities. OPPONENTS: Erie Lindstrom, 6801 SW Canyon Crest Drive, Portland, OR, regarding Policies 1 & 3, Mr. Lindstrom read a letter he'd written verbatim for the record (Exhibit E). f Following are questions from the commissioners - italics indicate Lindstrom's answers: With respect to policy 3 when you refer to "Using a hammer when necessary" - what would I you suggest we do that is more than "strongly encouraging"? I assume you understand that the City is somewhat circumscribed in its ability to force technology on developers, but I'm open to suggestions in terms of what we can do that is more than strongly encouraging using those kinds of technologies, without getting into mandating a particular type of building I technology, for example. Look for new language be creative and sensitive aryou move forward. Set a leadership tone - not a minimum. It needs personality. It shouldn't be "empty" so that it's "safe. " Be specific whmyou CAN be spec fc. I don't believe public documents have to be empy just so they can be "safe. "A lot of whatgot fh*ken from the original document probaby shouldn't have been struck - it should simply be updated. Sue Beilke,11755 SW 11411 Place, Tigard, OR, referred to her email dated June 2, 2008 (Last page of Exhibit C). She said she'd submitted several comments both in writing and at previous workshops. She said she would not go over those again but would summarize some things and answer a question that one of the commissioners had asked about earlier. She noted that at the original Natural Resource Committee meeting, they had at least 5 goals and associated policies. At the second meeting, it was reduced to one goal and associated policies - lumped all together, She said the committee was not responsible for that - staff was - and that she and the rest of the committee did not agree with that, nor like it. She said she was very unhappy with that - which is why she was speaking once again as an opponent She referred to an inventory that is not complete. She said much of it is what Metro did. She said there are many areas that no one's walked thru and need to be on an inventory. She spoke about sensitive habitats, noting that on the current Comp Plan it reads "The City shall designate areas of value for their fragile character" - in other words, "sensitive habitats." She j wants this to be addressed in the new Comp Plan. She spoke about the wording "where feasible - where appropriate" and doesn't believe those words are necessary. Beilke addressed the question of whether the word "rare" is in the Comp Plan and said that, yes, it is there - in the Parks section. She expressed concern that the "definitions" section PLANNING COMMISSION MEE-TING MINUTES -June 2, 2008 - Page 5 tV_RPLNWolseMPCIPC Peeksls lot 'M560&00 PubM HesA~p entl ieoommeMN erNPC 0•2•Oe Mlaules.tloe rfNs moolino, In Ns enUroly, is &VIZO is on CD, end ,eleined el CAy of TOM PuhPe ReoorN i i had not been worked on or looked at by the public yet. ["Introduction & Definitions" is on the schedule for a workshop and will have a public heating in the near future as well.] Beilke also would like the word "Services" taken out and the word "values" put back in. Following are questions from the commissioners - answers are in italics: How many meetings were there on Natural Resources? Floyd answered: There were three meetings scheduled -people attended two of them. Sue, are you suggesting we table this section until all the resources are inventoried? That's how I would do it; however, I think you could deal with this issue by making sure you have very specific policies that address this issue. You couldget this done within oneyear. No one will disagree that getting an inventory is important but I don't see a timeline such as you suggest as feasible, remember, this is a 20 year document. You could hire an undergraduate to do it as their senior thesis - get someone good they could work with City staff. Since this was written we've lost most of our urban forest. Beilke asked, If this is not the place for a time£rame, what is the appropriate place?" One of the commissioners asked. What are action measures for? Do they have to be complied with? Ron Bunch, Assistant Community Development Director, answered - They setfortb the work plan by whichyou implement the Comprehensive Plan. Along that line, we have several responses to the question of inventory. At some time, we'd like to talk about the whole process of inventorying and what's , required and also emphasis it's as much a budget issue as stafs willingness to do this. " Beilke said in conclusion, "Some of this is good, but what we have would not meet goal 5 requirements." 9:03pm - PUBLIC HEARING CLOSED DELIBERATIONS: After much discussion, President Inman summed up the deliberations to that point by saying j there appear to be three main issues 1) Time; 2) Formatting and specificity; and 3) Use of the language "extent. feasible" She noted that those are the "big" issues - from there we get into things that could be more easily "fixed" to reach a conclusion. She wondered whether the Planning Commission is at a point where they should postpone this and backtrack. "Not that I want to derail getting the Comp Plan done, but do we feel ready to progress on this tonight or are we actually at the point where we would want to postpone this, do more f workshops, and maybe backtrack this?" Commissioner Vermilyea said there's a bigger I picture of what we're trying to accomplish. I don't believe I'm ready to vote on this. If I were to vote, I'd vote no, if, for no other reason, than to force us to work on it some more. President Inman polled the cotrunissioners as to whether they should move this forward. ` The general consensus was to take a couple more weeks working on this section. PLANNING COMMISSION MELTING MINUTES -June 2, 2008 - Page G 1XRPLM0Orten1PCW C Packela 10, 40061602.06 MIX Wadn0 and remmmendaUOnUPo 6.2-06 Minulea.doo fTMt mNIInO. In 116 enOray. 91 av66eble on CO. aM relalmd al C61. of TOaid Pu6Yc RtmNs.j Ron Bunch said it's very important that other interested parties be engaged in this as well. He said, "If we take more time on this, what I'd like to do is broaden this discussion. Rather than just have two or three people here, we need to get more people for example, homebuildexs, the real estate industry, and other development interests need to come into this particular process. There are also other groups in the community including the Tualatin River Basin Partners, and others that need to be engaged in this as well. Commissioner Doherty said she didn't think there were a whole lot of major changes. She summed up what she'd heard to be just a couple of issues: 1. There was good stuff in the old Comprehensive Plan - ones not included in this and it was "meatier"; and 2. There's a need to add an "uplands" policy. She said the rest appears to simply be on somebody's "wish list." It would be nice if we j could spend lots and lots of money on restoration and that kind of thing but I think what ! we're looking at is a policy that we can actually go through and deal with, So what I heard j were those things. I'd like to look at the old policy and see what can be kept and then also deal with uplands, i Commissioner Vermilyea said he 'is concerned about the process. He said the citizens are not happy with this... this is a disconnect. - He said he thinks they need at least one more work I session on this. Commissioner Hasman said if there's another session there should be a vote. President Inman agreed saying she wasn't sure another work session would be productive towards leading towards compromise as much as it's going to be an opportunity to reiterate again their opinions as to why it's not working. She said she'd rather see something that is driven towards something that works versus a continued affirmation that it just doesn't. She said we need to get to an answer. If we have to vote we'll be more motivated to get to a point of making something work. Ron Bunch said staff had taken detailed notes and will deal with existing policies, talk about how to integrate those, and things in that general direction. So general themes will be dealt with and brought back to the commission. John Floyd concurred with what Bunch had said and added the uplands issue and the concept of the language "to the extent feasible." He said they could. come back and talk about that in depth. Also, the language to provide security that something will actually happen - that this isn't a repeat of what happened in 1983. Lastly, to bring to the discussion a broader group of interest groups who do business here or have an interest in Tigard for whatever reason. Floyd asked whether there was something he'd missed. One of the commissioners said he suggests the language "to the extent feasible" be stricken from all of the policies in the document - he said that it weakens the document. He would also like them to make policy 3 stronger in terms of directive and see if they can come up with a stronger verb than "encourage" - recognizing that we only have a limited ability (or none at all) to mandate the things that are talked about in that but he empathizes with the testimony given with respect to that word and he would like to see what could be done about that, In policy 10, he'd like to see the words "complete and" inserted between "shall" and "periodically" - making it very clear that it is the policy of the PLANNING COMMISSION MEI3TINGMINUTBS =June 2, 2008 - Page 7 I:V.RPLN0ofaenlPCwC Packets lot 10060.02.00 Puck Haennp and ren:ammen0adomtpo02.08 Mh Aos.doo t7M. mottling. In oa w&.ly, Is avaOable on CO, and ratalned of My o174aed PuNk Raw,de.J f I • I City that we will have a complete baseline done. He said we could deal with the issue of timing as appropriate. There was also some discussion about overlay. r At 10:00pm it was decided to continue the Public Hearing on CPA2008-00003 to the June 16 Planning Commission meeting. ' • r DELIBERATIONS CLOSED 7. OTHER BUSINESS Darren Wyss, Associate Planner, presented his May 23 memo (Exhibit F) and explained the matrix that was attached. There was discussion about whether or not to move the July Th Planning Commission meeting as it follows the July 2 Joint meeting with Council so closely. They decided to table that discussion to the June 16 meeting. I 8. ADJOURNMENT President Inman adjourned the meeting at 10:15 pm, ! { I Doreen Laughlin, nistrati Specialist II i ATTEST: President Jodie Inman i E f i PLANNING COMMISSION MEETING MINUTES -June 2, 2008 - Page 8 E."I'LMOaasnUICIPC Pataals fa 200316.02.08 1`900e Hoeft and newmnand&Uon%w M2.OB Mlnulas.doo (This moo ft, In as antmly, h available on CO. and relalned at CBy of TICArd Pubdt 110owds.1 City of Tigard EXHIBIT B Memorandum To: Jodie Inman, President; and members of the Planning Commission From: John Floyd Re: Additional Language proposed for deletion in CPA2008-00003 Date: June 2, 2008 The purpose of this email is to supplement the packet distributed for the June 2, 2008 meeting of the Planning Commission regarding CPA2008-00003. Staff inadvertently left out two existing policies proposed for removal (listed and stmekthrough below), should the Comprehensive Plan Amendment be approved. EXISTING POLICIES all T-Hri CITY SHALL NOT A6LOW DEVELOPMENT IN AREAS HAVING THE F066GWIPIG • D EVEl f1R11AENT LIMITATIONS EXCEPT WHERE IT CAN RE SHOWN THAT ESTARI JSIdED AND PROVE ENGINEERING TECHNIQUES RELATED TO A SPEGIFIC SITE PLAN 1 L6 11AAKETIDE AREA SUITABLE FOR THE PROPOS91D-DEVELOPM€NT. (NOT~THI~LIGT rm~rc~.~rrc-►r~cr~rrr a AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHARTER 18.26 Orin THE GOMMUNIT-YIDUVELOPMENT CODE; (Rev. Ord. 85 13i 0Fd. 84 36) 3.2A THE GIP~ SHALL PROHIBIT ANY LAND FROM ALTERAXIONS OR DEVELOPMENTS IN THU 100 YEAR R-0-0-DRI-AIN' 16NI41GH WOULD RESUL-T IN ANY RISK, IN EL-OVAT-10-N OF THS (Rev. Ord. 06 01 ; Ord. 98 1 9j QFd. 90 22; GFd. 85 13i OFd. 84 36) EXHIBIT C City of Tigard Memorandum To: Jodie Inman, President; and members of the Planning Commission I From: John Floyd Re: Comments received from Oregon Department of Fish and Wildlife (ODFW) and Sue Bielke regarding CPA2008-00003 Date: June 2, 2008 i The purpose of this memo is to convey recent correspondence regarding the Natural Resources Comprehensive Plan Amendment (CPA2008-00003). Subsequent to distribution of the packet for June 2, 2008; staff received one letter and one email regarding CPA2008-00004. Both are attached for your review and include the following: ➢ Letter from Mischa Connine, Oregon Department of Fish and Wildlife. May 28, 2008 Email from Sue Bielkie, June 2, 2008 including one attachment I Oregon Department of Fish and Wildlife I The letter from ODFW of May 28, 2008 contained four comments. None of these comments challenged the legitimacy o£' the document (i.e. its compliance with applicable regulations), each being a suggestion on how the document might be strengthened from their perspective. A summary and staff response is below: 1. "The format of [the] layout is difficult to follow. It is recommended that for each Goal, the Policies and Recommended Action [Measures] are grouped together." Staff Response: The format of this chapter is consistent with formatting chosen for the whole of the Comprehensive Plan. Additionally, a Recommendod Action Measure may sari j several Policies and as a result the suggested format would create unnecessary repetition within the document. Staff aclenowledges the comment, but recommends that the Planning Commission not adopt it. 4 2. "It is strongly recommended that fish and wildlife species are also identified as a resource." Staff Response: This recommendation exceeds the minimum requirements of Goal 5, and regional programs implemented through METRO and the Tualatin Basin Partnership, regarding the protection of natural resources insofar that specific fish and wildlife would be re gulated in addition to habitat. The proposed language contains protections for fish and wildlife through the protection and restoration of both riparian and upland habitats f i including Goal 5.1 and Policies 1, 6, 7, 8, 11, 12, and 13. Furthermore, the proposed language would not prohibit the City from implementing species specific protection and recovery plans at a future date, should that become necessary. Stafacknowledges the comment, but recommends that the Planning Commission not adopt it. 3. "It is also recommended that the. fish and wildlife habitat is separated into wetland and upland habitats." Staff Response: This recommendation would split Policy 5.1.7 into two policies, one addressing riparian habitat and another addressing upland habitat. In subsequent conversation, 0D.FW1 expressed a concern that it would be difficult for the City to develop specific policies and action items to address conversation, protection, and restoration of both types of habitat. Staf finds that a unified habitat policy has the safe regulatory effect and standing as two separatepolicies, and sees no reason to separate them. Staff acknowledges the comment, but recommends that the Planning Commission not adopt it. 4. "It is recommended that each of the City's identified resources should be addressed by a policy specific to that resource." Staff Response. The existing language carries the same regulatory effect and standing as individual policies. The decision to write umbrella policies (including but not limited to Policies 1 and 4) was made to prevent the unnecessary duplication of language in the document. Resource specific policies are already proposed including, but not limited to 7, 8 and 9. Staff acknowledges the comment, but recommences that the Planning Commission not adopt it. Sue Biellce On June 2, 2008 an email was received from Sue Bielke containing comments she wished to present to the Planning Commission for its consideration. The email also contained one attachment, a previous email of May 13, 2008. Both are attached for the Commission's review. The main points of her email broadly include a request for more time, a reorganization of the document to include resource specific goals, and more explicit language regarding listed species and native American artifacts. Staff acknowledges her comments, but finds the existing language legally adequate and providing the necessary legislative basis for future protection and restoration programs called for in her electronic correspondance. re on Department of Fish and Wildlife ° O 1 1 Sauvie Isand Wildlife Area z Theodore R. Kulongoski, Governor North Willamette Wildlife District 18330 NW Sauvie Island Road Portland, OR 97231 503-621-3488 FAX 503-621-3025 May 28, 2008 ORBdON l} I I ,n uauie ~ John Floyd City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 } t Mr. Floyd, The Oregon Department of Fish and Wildlife (ODFW) has reviewed the City of Tigard's draft Goal 5 of the Comprehensive Plan and would like to offer the following comments I and recommendations. The City provides one goal, followed by a series of "Policies" which are followed by a series of "Recommended Action Items". The format of this layout is difficult to follow. It is recommended that for each Goal, the Policies and Recommended Action Items are j grouped together. Following is an example of the recommended format. Goal 5 Policy 5.1 Recommended Action Item A Recommended Action Item B Recommended Action Item C j ! The City identifies the following resources that are addressed in Goal 5: fish and wildlife f habitat, wetlands, streams, groundwater, and historic and cultural resources. It is strongly I recommended that fish and wildlife species are also identified as a resource. It is also recommended that the fish and wildlife habitat is separated into wetland and upland habitats. j I The goal of the City is to "protect natural resources and the environmental and ecological functions they provide; and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity." It is recommended that each of the City's identified resources should be addressed by a policy specific to that resource. For } example, there should be a separate policy addressing wildlife upland habitat, fish and wildlife stream and wetland habitat, fish and wildlife species and groundwater. For example: t i Policy 5.1: Wildlife Upland Habitat Protect, conserve and restore upland habitats related to wildlife, aesthetics, slope protection and groundwater recharge. Encourage increased vegetation, additional wildlife habitat areas, and expansion and enhancement of undeveloped spaces. Upland habitats include all habitats that are not categorized as wetland or waterway. Examples include mixed conifer forest, oak woodland, oak savannah, grasslands, prairie, etc. Recommended Action Item A: Protect, conserve and restore upland habitats and Oregon Conservation Strategy habitats through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Conduct a baseline inventory of all upland habitat types within the City. Policy 5.2: Fish and Wildlife Stream and Wetland Habitat Protect, conserve and restore streams, riparian corridors and wetland habitat which have significant functions and values related to flood protection, sediment and erosion control, water quality, groundwater recharge and discharge, education, vegetation, and fish and wildlife habitat. Recommended Action Item A: Conserve riparian, wetland, and water body natural resources through the designation and protection of transition areas between the resource and other urban development and activities. Restrict non-water dependent or non-water related development within the riparian area. The recommended riparian buffer size is 200 feet for fish-bearing streams and 100 feet for non fish-bearing streams. Recommended Action Item B: Conduct a baseline inventory of all wetland and waterway habitats within the City. i Policy 5.3: Fish and Wildlife Species I Protect, conserve and restore fish and wildlife populations that contain ESA threatened i and endangered, Oregon state sensitive, rare and Oregon Conservation Strategy species ! through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item A: Protect, conserve and restore stream, wetland and upland habitat that contain ESA 1 threatened and endangered, Oregon state sensitive or Oregon Conservation Strategy species habitats through a variety of methods including, but not limited to: the use of j development and land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item B: Establish a high level of biodiversity within the stream, wetland and upland habitats through a variety of methods including, but not limited to: the use of development and y land management regulations and incentives, acquisitions of land and conversation easements, educational outreach, and external partnerships. Recommended Action Item C: Conduct a baseline inventory of all fish and wildlife species. These examples are not meant to be a comprehensive list of all Policies and Reconunended Action Items, but to provide a recommended example of how to adequately protect, conserve and restore the City's natural resources. The Oregon i Department of Fish and Wildlife recommends that the City of Tigard includes their Natural Resource Committee to develop a comprehensive list of Policies and Recommended Action Items that will protect, conserve and restore the City's natural I resources. The Oregon Department of Fish and Wildlife would like to thank the City of Tigard for the opportunity to provide comments. If you have any questions or would like to discuss the eorrunents and recommendation of this letter, please feel free to contact me. Sincerely, I Mischa Connine i Habitat Biologist 18330 NW Sauvie Island Road Portland, OR 97231 (503) 621-3488 ext 228 mischa.a.connine@state.or.us J i f i f; I 1 i I John Floyd From: Sue Beilke isbeiike@europa.comj Sent: Monday, June 02, 2008 8:18 AM To, John Floyd Cc: John Frewing; Jay Watson; drescher@teleport.com; jblowers@lx,netcom.com; el. lindstrom@comcast.net; 'Brian Wegener' Subject: natural resources section of comprehensive plan Attachments: Fw_ Meeting_ Friday at 1pm.eml John, Please forward the below comments to the Planning Commission for tonight's Hearing on Goal 5, Natural Resources and Historic Areas. Planning Commission City of Tigard Below are my comments regarding the Natural Resources and Cultural Resources sections for the Comprehensive Plan and the Planning Commission Hearing tonght: 1. 1 am currently a citizen serving on the Natural Resources Committe of Tigard, and to date we have had two meetings for this subject. As I have stated in the past numerous times, two meetings were insuffic en in writing goals and policies that would adequately address the conservatlon and protection of our natural resources in Tigard. I am therefore requesting, again, that the Planning Commission delay adopting language for Natural Resoure Section of the Comprehensive Plan, and allow our citizen committee more time, at least two more meetings, to adequately come up with goals and policites that address the Statewide Planning Goal 5 and its requirements. What started out as 5 goals with associated policies at the first meeeting, dwindled down to only 1 goal and policy by the second meeting. This reduction was done by city staff and not citizens. The current document is totally inadequate in protecting and conserving the many. natural resources that exist in the city of Tigard. I Z.-: The current Goal has language that is weak and will not be adequate in protecting, conserving and restoring all of the ' natural resources in Tlgard. This one goal needs to be broken down Into at least 5 goals, each goal would then address various areas of natural resources, such as "Wetlangs". "Upland Forests". "Fish and WIdlife". etc. Then, each of the 5 goals would have associated policies that could specifically address the needs of that resource, for example, for Fish and Wildlife, an example of a policy would be: "The city shall restore fish and wildlife populations In order to achieve a high level of biological diversity". 3. We strongly recommend taking out the verbage that the PC inserted in the first workshop; where our commltte had "Protect and restore", the PC changed to "Protect and then "restore where feasible". This so weakens the document as to make It virtually unenforceable. Why would anyone NOT want to restore natural resources, especially in Ilght of the massive influx of invasive species invading Oregon, including plants and wildlife. It is our duty to be good stewards of our natural resources and to do Fvgry4 we can to protect and restore whatwg_hayg inherited. Therefore, I recommend taking out "where possible" or "where appropriate" from all of the document and replacing it with "Protect, conserve and restore" for all of the goals. Language such as "where appropriate" only serves to weaken this document and make unuseable. i 4: Our Natural Resources Committee did not get to the stage for developing a Definitions Section (it was done by staff), hence the following comments on that: "Natural Resources" - In this definition, the city starts with "Inventoried". This word needs to be removed, as natural resources should refer to ALL of the natural resources not just those inventoried, since much of the city has not been Inventoried, Wg still need to Inventory many areas of the city, but regardless of what has or has not been Inventoried, we need to protect ALL of our natural resources. I 1 -"Rare" -We wanted to make sure this is part of this section and should be defined as "Plants, fish, wildlife or 'habitats considered to be unique, uncommon, unusual or of high value due to declines In local population riqmbers compared to historical levels or considered to be a cultural resource by Native American tribes". Examples of local "rare" species would be camas, pond turtles, painted turtles, any salmonid fish species; examples of ;rbre habitats would be oak prairie habitat; examples of Native American cultural resources would be camas, western red :cedar trees, and anything determined to be "a usual and accustomed place". ' "Sensitive Habitat" - This would be defined as "Sensitive Habitats are those area containing rare and/or any plant fish or wildlife or habitat type on any state or federal lists as defined below " ",Uplands" - A definition for uplands was also left out of this section, Upland could be defined as "all habitats beyond ..the riparian zone of an ecosystem" which Includes for example, mixed conifer forests, oak prairies, and meadows. "Species on State pr Federal Lists" - We also need a definition for this, which can read "All species that are on any state or federal lists, including threatened endangered sensitive critical or species of concern "Example of species on these lists include both native turtles and red-legged frogs. "Sustainable" - This definition should include verbage that also addresses the sustainabllity of the resource, can the "resource be sustainable with any level of development? Who ever proves they can do this? The current definition is totally backwards and should read: "Any development or use of any resource by people must ensure that they will not in any manner reduce the fish and wildlife populations or reduce the amount of habitat or the functionality of that habitat(s) in question." 5. We need to have a policy that addresses protection of sensitive habitats, Including those which contain rare or listed species, In order to protect and restore these species. Examples include: Policy: The city shall make It a high priority to 'Protect and restore sensitive habitats which will Include not allowing development of any kind Into these areas 0.g., no trails, etc.). The city is already doing this but It needs to be in writing and part of the Comp. Plan. Policy: The 'OtV shall make it a blah priority to actively PursUree fundlncLto restore sensitive habitats." 6. The city needs to have a goal and related policies that addresses biological diversity and its Importance in relation to natural resources. Example: Goal: rotect. conserve and restore the biological diversity of all habitats within the clty_' Example of associated Policy: The city shall actively work with local conservation -groups and citizens to restore the highest level of biological diversity to all wetlands in the city of Tigard 7. Goal 5.2 - Regarding protection and preservation of historic and cultural resources, I saw NO mention of Native American artifacts that have been found in Tigard, including those found on the library site, on the Ash Creek Natural Area or anywhere else. This needs to be documented in an attached inventory and then needs associated policies In order to protect and preserve these Important cultural resources. In addition, there are areas in Tigard that are considered "usual and accustomed places" by Native American tribes and this also needs to be addressed in an inventory and with associated policies, such as "The city shall protect, conserve and restore areas considered "usual and accustomed places" by any Native American tribe." Attached are additional comments and recommendations I submitted to the city on May 9 after the first PC workshop. Again, we still have much work to do before this section of the Comprehensive Plan is adequate and able to be adopted as part of the Goal 5 statewide planning process. I therefore an requesting that the Planning Commission NOT adopt the current language for the Natural Resource or Cultural Resource sections of the Comprehensive Plan, but rather, work .with local citizens and conservation groups, such as Fans of Fanno Creek and The Blodiversity Project of Tigard, to make this a more complete and worthy document that will guide natural resource protection, conservation and restoration for the next 20 years In Tigard. Thank you for your consideration in this matter. Sue Beilke, Director,The Blodiversity Project of Tigard Board Member, Fans of Fanno Creek Vice President, Friends of Summer Creek 'Director, The Turtle Conservancy i Z j 1 I John Floyd From: Sue Bellke (sbeilke@europa.com) Sent: Tuesday, May 13, 2008 9:03 AM To: John Floyd Subject: Fw; Meeting: Friday at l pm Here it is. j Original Message I From: Sue Bellke j To: John Floyd ;'John Frewing' Cc: Marlssa Daniels Sent: Friday, May 09, 2008 8:56 AM Subject: Re: Meeting: Friday at 1 pm John, Here are some of the recommendations/comments/language changes I proposed at the PC workshop for Natural Resources. - Use "Protect, conserve and restore" where we now have "protect and restore" - omit "where appropriate" from the entire document - keep in "values" but make sure it is defined In the Definitions section, and include some examples For the Goal; we now only have one goal, I think that is "lame" considering the extent of the diversity of natural resources we are addressing. Originally we had at least 5 as I recall. I recommend splitting 5.1 into 3 goals. 6.9: Protect, conserve and restore natural resources and the environmental and ecological services they provide. 5.2: Protect, conserve and restore natural resources in order to reach a high level of blodiversity. i 5.3 Protect, conserve and restore plants, plant communities and fish and wildlife populations considered rare, or on any state and federal species lists as a high priority. f - t do not recommend deleting Policy 2. Somewhere In the PC meeting, the chairwoman, said something to the effect that "low impact development does not Include incorporating natural resources"? I need to have that clarified and then that needs to be addressed at the next meeting, as she Is very wrong on that one If that is what she said. - Policy 3- this needs more work and we really need to define "sustainable" In regard to natural resources. For example, if you.put in several houses near a stream and only have a 50' buffer, this will not overtime "sustain" the wildlife that live there. That size buffer Is too small to "sustain" the birds, mammals and other species that have Inhabitated It for thousands of years. 1 - I.recommend adding several new policies; - Policy - The City shall create a distinct zone for open space, greenways, etc. in order to protect permanently all natural j resources. Policy - The City shall place a high priority on the protection, conservation, and restoration of rare plants and habitats (e:g., oak prairie) and rare and state and federal fish and wildlife species listed as "Species of Concern, Sensitive, Threatened, or Endangered (e.g., Northern red-legged frog, native turtles). - Make sure we define "hydrologic regimes". Policy 10: 1 would have several policies covering Inventories, etc. 1. The City shall conduct surveys of All natural resources In order to establish a baseline inventory. • 1 2. The City shall periodically maintain and update the Natural Resources inventory through surveys and monitoring efforts. 3. The City shall utilize the natural resources inventory to assist with setting goals and objectives for restoration activities. Then under these 2 Policies I would add these Action Measures: a. Conduct surveys and monitoring of all natural resources to establish a baseline Inventory. b. Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts. c. Engage citizens and volunteers to assist with surveys and monitoring. d. Identify opportunities for funding and apply for grants to assist with restoration efforts. s We also need to make sure that "uplands" are addressed, such as in Policy 8. ' 1 :recommend adopting Metro's Title 13 as John recommended at the workshop, again so that uplands are protected, etc. - We need to look at the CWS standards that the city has adopted in order to see if they are adequate in protecting our natural resources, since CWS standards and regs. are set up to only address "water quality". I think it would then be In order to establish several goals and policies that address buffers, etc, in order to further protection for habitats and fish and wildlife. See you at 1 PM. ;Sue Original Message From: John Flovd To: ',beilkq@eu_ropa com' ;''John Frewin4' :Cc: Marissa Daniels ; Rot} Bunch ' Sent: Tuesday, May 06, 2008 3:03 PM Subject: Meeting: Friday at fpm Hello Sue and John, 'Friday at fpm seems to work for all of use. I'll go ahead and reserve a room, just come to the front counter and ask for me. If you could, please forward me (and each other If you haven't already) any comments you have ahead of time. If you don't mind, Marlssa Daniels would like to attend the meeting as well. Thanks, John - John Myd City of-ngard Assodate Planner 1 Community Development Ci (503) 718-2429 Johnflotigard-or,gov 13125 SW Hag Blvd. Tigard, OR 97223 2 AlTaNENT 5 CITY OF TIGARD - - PLANNING COMMISSION Meeting Minutes June 16, 2008 1. CALL TO ORDER President Inman called the meeting to order at 7:00 PM. 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, Doherty, Muldoon, and Walsh Commissioners Absent: Caffall, Fishel, Hasman, Vermilyea Staff Present: Ron Bunch, Assistant Community Development Director; John Floyd, Associate Planner; Darren Wyss, Associate Planner; Doreen Laughlin,.Administrative Specialist II 3. COMMUNICATIONS - None. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon, to approve the June 2, 2008 meeting minutes as submitted. The motion carried as follows: AYES: Anderson, Doherty; Inman, Muldoon NAYS: None ABSTENTIONS: Walsh EXCUSED: Caffall, Fishel, Hasman, Vermilyea PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003 Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 5: Natural Resources and Historic Areas REQUEST: To amend the current Comprehensive Plan to include goals, policies and recommended action measures to reflect current community conditions and values relating to Tigard's Natural Resources and Historical Areas. The complete text of the proposed Amendment can be viewed on the City's website at http://www.dgard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. PLANNING COMMISSION MEETING MINUTES -June 16, 2008 - Page I 1ALRPIN\Do \Pr PC P.eket. for 2008\616-08 PaWk Ile.dti4 Workdwp%" ri mms 6-16-08 dwi 7h11 mefin8.ln in mfirtty, is .r.il.Wc on CO, mW retdned or Gty of7Tg.nl Pubic NecoWL) APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural PUBLIC HEARING CLOSED Public Hearing closed temporarily due to minor technical difficulties [PowerPoint & copier glitches]. PUBLIC HEARING REOPENED - 7:20pm John Floyd, Associate Planner, presented the staff report on behalf of the City. He went over a PowerPoint presentation (Exhibit A) and gave an overview. He indicated some of the homebuilders representatives were not able to attend this public hearing, but had indicated an interest in it and will most likely be attending the Council meeting regarding this topic. He explained that he would be going over his June 16 memo (Exhibit B) which would summarize the changes made in the memo dated June 9 in the commissioner's packets. He then gave an overview of the policies and the suggestions made by commissioners at the first Public Hearing on this chapter. Some of those topics were the use of the words "To the extent feasible," baseline inventory, engaging volunteers, public comment from John Frewing, engaging a broader audience, glossary definitions, new definitions, existing policies, and applicability to upland habitats. (Detail is in Exhibit A - PowerPoint presentation). There was a brief question and answer period. One of the commissioners spoke to what he sees as a need for a natural resources coordinator - perhaps on a volunteer basis. Ron Bunch, Assistant Community Development Director, gave his thoughts on this. He said, in his experience from other cities, volunteer natural resource coordinators had several requirements in order for them to have good information. For one, they needed paid consulting expertise. There was also a need for GIS mapping, on the ground evaluation, and specific boundary delineation of the resource that required them to be there. It was helpful for staff to identify the specific resources using aerial photography and ground checking and there was a need for staff to be on site clearing brush and making public contact for them so they could actually get on the property when necessary. The question was asked, "What percentage of the paid consultant dollars was leveraged by the volunteer coordinator?" Bunch answered, "About 30%." DELIBERATIONS: One of the commissioners commented that he would like to make another push for the pragmatic language rather than the aspirational language with regard to the verbiage "To the extent feasible." He believes that needs to be in restoration language because once this is done, the distinction between aspirational and direction to implement will be lost. He thinks people will come back and say, "It's tight there... it says you were going to restore the stream." He thinks that creates division where it doesn't need to be. At this point, President Inman asked for a "sound off' of the commissioners present concerning the "to the extent feasible" language. The outcome of that sound off was to "leave the language in as explained in context tonight." PLANNING COMMISSION MEETING MINUTES -June 16, 2008 - Page 2 t:Wtvw Wowo\PC\PC PKkM to. 2008\66.oa INWk Hn"& & Wohshop\gX mtoata d-tSQBAocj This-dng,to Its tMeery,Is oslikko. CD,snd 2W.Mu City drpd Puhk Re ,&j The commissioners went over the policies as follows: [Exhibit A] Policy 5.1:3 - As to strengthening policy 5.1.3 by breaking it up into two separate policies - 5.1.2 & 5.1.3 - the commissioners agreed with staff, and were in favor of making them two separate policies. They also agreed to recommend adding an action measure proposed by staff - Action Measure xxi. - which would read: "The City shall develop and utilize incentives to foster private investment in green building techniques and technologies." Policy 5.1,7 - they agreed that the alternative proposed is clearer and they would like to go with that. Policy 5.1.10 - add "as necessary" to replace "other applicable program so it would read: "The City shall complete and, concurrent with periodic review of the Comprehensive Plan, Metro Programs, or as necessary, update and improve its baseline inventory of natural resources to reflect changing conditions, standards, and community desires." The following motion was made by Commissioner Doherty: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2008-00003, Natural Resources, and adoption of the findings that have been brought forth at this hearing as presented in the memo dated June 16 2008 and as amended by Planning Commission discussion. Commissioner Muldoon seconded the motion and it carried as follows: AYES: Anderson, Doherty, Inman, Muldoon, Walsh NAYS: None ABSTENTIONS: None EXCUSED: Caffall, Fishel, Hasman, Vertu lyea The date for the Council Public Hearing on this topic will be August 5, 2008. DELIBERATIONS CLOSED 5.2 WORKSHOP - GOAL 14: URBANIZATION - Prepare for Joint Meeting with Council Darren Wyss, Associate Planner, reminded the commissioners they had requested background information related to the cause and consequences of unincorporated development, and potential remedies. The Commission had wanted this information to better understand reasons for proposed Urbanization goals and policies, and to have sufficient background for a meaningful discussion with Council at the July 1 Urbanization Joint Workshop. Commissioners had provided staff with a number of issues/questions. Documentation to address those questions was attached to Wyss' memo dated June 9, 2008, and had been sent a week earlier in the Planning Commissioner's packets. Before going over the information in the packets, Wyss said they would talk about the following: • Set up of the joint meeting; • Take any questions about the materials sent in their packets; and • Finalize a few topics of discussion. PLANNING COMMISSION MEETING MINUTES -June 16, 2008 - Page 3 1:\IRPIN\M-\PC\PC P.1,10 fo12W&\6-1608 Public fleaAngh Wo.Wbop\ipc minutia 6•1o-Mdocl 7T1+ niee6ng.In in en6ieq, is aeailable on CD, wl .ecained al Gly of 71gaM Pubic Reconla.) Wyss advised the commissioners there would be no regular Planning Commission meeting on July 7. He said they would come back with the Policy Interest Team on July 21, after the July 1 joint meeting with Council. There was discussion regarding the upcoming joint meeting regarding urbanization. One of the commissioners asked, "What is the City actually asking the county to do?" Bunch answered: "We're asking for five things, really: 1. Acknowledge a problem (long-term financial problem); 2. Stop the "bleeding" (no unincorporated development). Make sure new urban areas come into cities; 3. Get a neutral person or agency to determine who pays for what. What kind of financial needs are there - what is the level of subsidization; 4. Recognize the urban problem cannot be solved "overnight" - it has taken 50 years to create it and it will probably take 100 years to remedy it; and 5. Make this an ongoing effort. It's basically those five things we'll be asking for at the Urbanization Forum." There was discussion as to how the joint meeting would be conducted. The commissioners said their goal was to absorb what the Council is feeling about things. What is the vision of resolution of this issue? One of the commissioners noted the "tone" of the language should . be toned down. Some, but not all, of the commissioners agreed with this. 6. OTHER BUSINESS None. 7. ADJOURNMENT President Inman adjourned the meeting at 9:00 pm. Doreen Laughlin, Administrative Specialist II ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - June 16, 2008 - Page 4 C\IRPW\V--\PC\PCP.1,. 6, 2=\616,6 PWi, Neata6h\V.A,hp.\"OWO t. 6t66&du 1 Tluama6pp in in-d",n ndWdr-CD,ud Md dvt C4,OfTigad PODFC RC0011.1 EXHIBIT A Changes from June 2 Natural Resources and Proposed changes are outlined in Memos Historic Areas dated June 9 (packet) & June 16 (distributed Comprehensive Plan Amendment today) 2008-00003 Language Changes directed by PC June 16, 2008 1. Goal 5.1 made uniform with the phrase "to the extent feasible" John Floyd, Associate Planner 2. Policy 5.1.10 directs the City to complete the baseline inventory "To the Extent Feasible" Glossary Definitions Definition: Reasonably capable of being done, Word "inventoried" removed from Natural executed, or effected with the means at hand and Resources the circumstances as they are; practicable Appears in Goal 5.1 & Policies 1, 6, 7, 8,13 New definitions for Riparian Corridor, Riparian Habitat, and Upland Habitat Only applies to restoration and not protection except: Outside of City limits (Policy 6); or wildlife corridors in the context of park, open space, and surface water master plans (Policy 13) New Definitions Applicability to Upland Habitats Riparian Corridor - water areas, fish and wildlife Questions regarding protection of upland habitat habitat, wetlands, and adjacent riparian areas that consist of the zone of transition from an aquatic ecosystem to a terrestrial ecosystem. Protected by Goal 5.1 and implementing policies 1, Riparian Habitat - Habitat areas located within, 3,4, 5,6, 7, 10, 11, 12 and 13 and dependant upon the unique habitat elements provided within, a Riparian Corridor Alternative Policy 5.1.7 - The City shall protect riparian and upland habitats to the maximu03 Upland Habitat- All habitats beyond a riparian eg@pt ggssible, and restore them to he extent corridor. feasible, on both public and private lands. 1 Strengthening Policy 5.1.3 Engaging a Broader Audience Staff recommends splitting the policy to strengthen where • Reminders were sent out to all interested possible: parties -Policy 6.1.2 - The City shall demonstrate leadership in natural resource protection through the use of sustainable building practices and low impact development strategies, • The MBA has expressed an interest in to the extent feasible, on all City projects. participating, particularly in regards to how -Policy 6.1.3 - The City shall provide options to this will Impact tree regulations, but was conventional construction and site planning techniques, and incorporate sustainable and low-impact budding and unable to attend tonight site planning technoiogies into City codes and standards as they become available. Baseline Inventory Engaging Volunteers PC directed staff to strengthen the language of Public Participation will be an essential Policy 5.1.10. A draft revision is as follows: component "The City shall complete, and concurrent with the Citizen Involvement Chapter requires periodic review of the Comprehensive Plan, Metro meaningful input Nature in Neighborhoods Program, or other applicable program, update and improve its baseline inventory of natural resources to reflect Cannot determine extent or manner without changing conditions, standards, and community desires." an approved work plan developed in coordination with qualified professionals Frewing Comments Existing Policy 3.1.1 (Wetlands) Channel Mi ratlon/Overly zones are too THE CITY SHALL NOT ALLOW DEVELOPMENT IN g Y AREAS HAVING THE FOLLOWING DEVELOPMENT specific at this level LIMITATIONS EXCEPT WHERE THE DEVELOPER DEMONSTRATES THAT GENERALLY ACCEPTED ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA Best addressed at implementation and in SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS concert with affected stakeholders including DESIGNATED AS SIGNIFICANT WETLANDS ON THE Tualatin Basin Partnership, property owners, FLOODPLAIN AND WETLANDS MAP,): and others. a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; 2 Existing Policy 3.2.1 (Floodplains) Existing Policy 3.3.1 (Nat. Resources) THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS THE CITY OF TIGARD SHALL SUPPORT ON THE FLOODPLAIN AND WETLANDS MAP. NO THE EFFORTS OF WASHINGTON DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS COUNTY, BEAVERTON AND THE SIGNIFICANT WETLANDS ON THE FLOODPLAIN METROPOLITAN SERVICE DISTRICT AND WETLANDS MAP WITHIN TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. TO ENSURE THE AVAILABILITY OF THE DEVELOPMENT ON PROPERTY ADJACENT TO ROCK MINERAL RESOURCES. SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. Existing Policy 3.4.1 (Nat. Areas) Existing Policy 3.4.2 (Nat Areas) THE CITY SHALL: THE CITY SHALL DESIGNATE IN ACCORDANCE 0: PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM CORRIDORS BY WITH GOAL 5, THE FOLLOWI~JG AS AREAS OF BY THE RIPARIAN AT AREASAp`FIS7AND]GDNGTREES AND NA USI~OL ,AND SIGNIFICANT ENVIRONMENTAL CONCERN. VE TE NTTAUGAL N THE MAXIMUM INAXTENT~POUSRSSI~S O WATERWAYS a. SIGNIFICANT WETLANDS; h. RFppLI!RE THAT DEVELOPMENT PROPOSALS IN DESIGNATED TIMBERED b. AREAS HAVING EDUCATIONAL RESEARCH ORTRE AREAS BE REVIEWED THROUGH THE PLANNED DEVELOPMENT VALUE SUCH AS GEOLOGICALLY AND PROpCUESS TO MINIMIZE THE NUMBER OF TREES REMOVED; AND SCIF.NtIF[CAI.I_Y SIGNIFICANT SANDS; P.iJD ` wiL L 6 HABIT T AWE APSE ELLIN ATED ON THE E"FISH AND WiiouFE C. AREAS VALUED FOR THEIR FRAGILE HABITAT MAP" ON FILE AT THE CITY. CHARACTER AS HABITATS FOR PLANTS, d. ADDRESS GOAL 5 RULE REQUIREMENTS PERTAINING TO THE ANIMAL OR AQUATIC LIFE, OR HAVING PRESERVATION OF WETLANDS ONCE ADEp~ATE INFORMATION ON THE r Lp~q T70N, pUAUTY ANO ppUUANTIIY OF WETLAND SITES IS OBTAINED. ENDANGERED PLANT OR ANIMAL SPECIES THI°~s 0ALSREVIEVG WI, SUCLUDE DETERMINING WHICH WETLAND OR SPECIFIC NATURAL FEATURES, -VALUED FdR SITES ARE ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT. CITIZENS THE NEED TO PROTECT NATUIKAL AREAS. WILL PARTICIPATE IN MAKING POLICY RECOMMENDATIONS FOR THE DESIGNATED AAND S SIGNIFICANT PRESERVATHOE TION SHALL COMPLETE ITS GOAL 5 REVIEW OF WETLAND AREAS BEFORE THE CITY'S NEXT PERIODIC REVIEW, BUT NO LATER THAN DECEMBER 23, 1996. Existing Policy 37.1 (Historical- Cultural Resources) THE CITY SHALL IDENTIFY AND PROMOTE THE PRESERVATION AND Questions? PROTECTION OF HISTORICALLY AND -CULTURALLY SIGNIFICANT STRUCTURE, SITE, OBJECTS AND DISTRICTS WITHIN TIGARD. 3 ATTACHMENT 6 MEMORANDUM TIGARD TO: Mayor Craig Dirksen and Members of City Council FROM: John Floyd, Associate Planner RE: Council Workshop - CPA2008-00003 DATE: June 18, 2008 At the July 1 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 Natural Resources and Historic Areas section of the updated Comprehensive Plan (State Planning Goal 5). The proposed language was approved and recommended by the Planning Commission at the June 16 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 June 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 also worked to explain the implications of certain policy recommendations and, 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 and did not unilaterally change language, but continually expressed 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 requested changes at two work sessions in May and two public hearings on June 2 and 16, which are included in the Commission's recommendation to Council. In general, these changes were made to streamline the language (it was found to be overly specific in many instances), clarify its meaning and applicability, and ensure the City CPA2008-00003 Attachment 2 City of Tigard 1 Natural Resources and Historic Areas retains enough flexibility to deal with the broad and ever-changing challenges that will be faced by the City in coming years. A list of the changes is below with staff commentary following. Goal 5.1 , and the enviranmental and eeolagieftl a high level of biedivergity. Protect natural resources and the environmental and ecological functions they provide; and, to the extent feasible, restore natural resources to create naturally functioning systems and high levels of biodiversity. Staff Comment: This goal was amended to provide moreflexibility at implementation, and to acknowledge the fact that any discussion regarding the restoration of natural resources needs to acknowledge the very real obstacles of money, likelihood of successgiven thegoals at hand, logistics, and available technology. Policies 1. The City shall protect and, to the extent feasible, restore natural resources in a mannet! that will a variety of methods to: a. Contribute to the City's scenic quality and its unique sense of place; b. Provide educational opportunities, recreational amenities, and buffering between differential land uses; c. Maximize natural resource functions and va6es services including fish and wildlife habitat and water quality; and d. Result in healthy and naturally functioning systems containing a high level of biodiversity. Staff Comment: This goal was amended to provide more flexibility at implementation, and to acknowledge the fact that any discussion re garding the restoration of natural resources needs to acknowledge the very real obstacles of money, likelihood of success given the goals at hand, logistics, and available technology. > bet nat be hffiited > the tige all CPA2008-00003 Attachment 2 City of Tigard 2 Natural Resources and Historic Areas Staff Comment: This policy was amended as part of a larger reorganisation of the document that removed a lot of unnecessary specificity out of the policy realm and into the list of recommended action measures. 3. Policy 5.1.2 - The City shall demonstrate leadership in natural resource protection through the use of sustainable building practices and low impact development strategies, to the extent feasible, on all City _projects. Policy 5.1.3 - The City shall provide options to conventional construction and site planning techniques, and incorporate sustainable and low-impact building and site planning technologies into City codes and standards as they become available. Staff Comment. This policy was amended and split into two sections out of an acknowledgement that the City is not in a position to require private development to utilise sustainable and green technologies in all situations, particularly as a result of jurzsdictions maintaining pre-emptive regulations on development (i.e. Clean Water Services, Tualatin Valley Fire and Rescue, and the State Building Codes Division. 4. The City shall actively coordinate and consult with landowners, local stakeholders, and governmental jurisdictions and agencies ift regarding the inventory, protection, and restoration of natural resources with • Staff Comment: This policy was amended forpurposes of legibility. 5. The City shall utilize periodic assessments of the effectiveness of the City's programs and regulatory structures to 4tfartn guide future decisions regarding natural resource protection, management, and restoration. Staff Comment: This policy was amended forpurposes of legibility and clarity of meaning. CPA2008-00003 Attachment 2 City of Tigard 3 Natural Resources and Historic Areas 6. The City shall utilize incentives or disincentives to the extent feasible, to preven discourage property owners from removing or degrading natural resources prior to application for development or annexation. Staff Comment: Thi policy was amended to improve clarity of meaning and application. 7. The City shall preserve protect riparian and upland habitats, to the maximum extent possible, and to the extent feasible, restore them . I '6an and upland habits for- fish and wildlife to the maxiffitiffi exten passible to the extent feasible, on both public and private lands. thcrough!. needs of fish and wildhffi_e'- b.band use regulations and standar-ds that ffii~ate the lass of habitat elemen management plans-, and Staff Comment: This policy was amended to improve clarity of meaning and application. In addition, overly specific and repetitive language was removed and transferred into the list of recommended action measures. 8. The City shall iitaffi, protect and, to the extent feasible, restore the diverse ecological and non-ecological functions and vrk}es services of streams, wetlands, and associated riparian corridors. 8"Fttegies shall , but not be hinited to! a. Gamplianee with Fedei-A, State and Regional regtAftdans ag they apply -to i!estAt of development, with priority eetten ever "agatfan'. quality, and fish and wildhfe habitat-, *ftd CPA2008-00003 Attachment 2 City of Tigard 4 Natural Resources and Historic Areas other eealogieft! and eenitnufiity benefits. Staff Comment: This policy was amended to improve clarity of meaning and application. In moved and transferred into the list of addition, overly specific and repetitive language was re recommended action measures. 9. The City shall eantinue implement measures to protect groundwater by-.. ft. Gantintu*ftg to we-r-k with regional and st to identif~ b. Nfiftintiziftg-the affieunt of itnpervietts stirfftee C. the City that prevents the natural reeharge E)f groondwftter aquifers; an Staff Comment: This policy was amended for purposes of legibility and clarity of meaning and application. In addition, overly specific and repetitive language was removed andlor transferred into the list of recommended action measures. 10. The City shall complete and, concurrent with the periodic review of the Comprehensive Plan, Metro Programs, or as necessary, update and improve its baseline inventory of natural resources to reflect changing conditions, standards, and community desires. Staff Comment. This policy was amended for purposes of legibility and to strengthen the City's obligation to establish and update a baseline inventory. 11. The City shall assist landowners in the protection of natural resources through diverse methods including, but not limited to: education, incentives, planned development standards and regulations, and conservation easements. Staff Comment: This policy was amended to improve clarity of meaning and application. 12. The City shall develop and implement standards and procedures that mitigate the loss of natural resource functions and services, with priority _given to protection over mitigation. CPA2008-00003 Attachment 2 City of Tigard 5 Natural Resources and Historic Areas Staff Comment: This policy was created to establish a legislative requirement for mitigation, and the City's strong preference for protection over mitigation. 13. The City shall identify, preserve and create linkages between wildlife habitat areas, to the extent feasible, as a key component of parks, open space, and surface water management plans. Staff Comment: This policy was created to establish a legislative requirement for the City to incorporate habitat planning into broader city actions wherefeasible. Recommended Action Measures ll. Utilize an adaptive management approach that seeks to improve natural resource standards and programs by establishing a measurable baseline condition and desired end goals, periodically measuring the success of existing city actions against those goals, and making corrections as necessary to improve success. Vi. Periodically evaluate identify and make steps to improve the effectiveness of existing natural resource protections with the Development code • ix. Incorporate bioregional conservation strategies, such as those identified in the Oregon Biedivergity -ajeet Conservation Strategy and Clean Water Service's Health- Streams Plan into regulations and restoration programs. xi. for gident and a Implement a program to extraetieft assist the state in identifying and canceling unused water rights within Tigard for the purpose of stabilizing or reducing surface and groundwater diversion and extraction. CPA2008-00003 Attachment 2 City of Tigard 6 Natural Resources and Historic Areas xii. Protect and restore natural resources through a varied of methods including, but not limited to: the use of development and land management regulations and incentives, acquisition of land and conservation easements, educational outreach, and external partnerships. xiii. Implement Land use regulations and standards that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility, and reproductive needs of fish and wildlife. xiv. Implement outreach and regulatory programs to identify and remove invasive species that threaten habitat areas. xv. Identify and implement measures to protect riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat. xvi. Identify and implemement measures to maintain and, where possible, restore hydrologic systems and regimes that support fish and wildlife, provide flood control, enable natural recharge of groundwater, and other ecological and community benefits. xvii. Work with regional and state agencies to identify and address potential sources of contamination. xviii. Identify and implement measures to reduce the amount of impervious surface area covering the City that prevents the natural recharge of groundwater aquifers. xix. Supplement or replace groundwater extraction with alternative sources of water during periods of high demand. xx. Encourage the use of automatic sprinkler protection systems in all buildings to reduce water consumption during fire fighting operations and reduce runoff into adjacent natural resource areas. CPA2008-00003 Attachment 2 City of Tigard 7 Natural Resources and Historic Areas xxi. Develop and Utilize Incentives to fostor private investment in green building techniques and technologies. Historic Area Policies 5.2.1 The City shall actively promote the protection and preservation of historic and cultural resources and consider the development and implementation of new culturally significant resources and cooperate with organizations involved in their protection. Staff Comment: This policy was amended following deliberation by the Planning Commission on the importance of recognising new cultural institutions and landmarks that may not be 'historic "just yet. Recommended Action Measures iii. Encourage rents rehabilitation and reuse of historic buildings to the extent feasible, . Vi. Facilitate the development of appropriate economic options and alternatives for historic and cultural resources and organizations involved in their protection, when requested. Draft Comprehensive Plan Definitions The following are draft definitions associated with this chapter of the Comprehensive Plan. While not proposed for adoption as part of this legislative amendment, they are relevant to the amendment and as such staff wishes to include them for discussion. Biodiversity - The full range and variety and variability within and among organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species diversity, and genetic diversity. Clean Water Services (CWS) - A public utility committed to protecting water resources in the Tualatin River Watershed through innovative wastewater and stormwater services, flood management projects, water quality and stream enhancement projects, fish habitat protection, and more. CPA2008-00003 Attachment 2 City of Tigard 8 Natural Resources and Historic Areas Encourage - support, advocate, or take affirmative action to achieve a particular community objective. Feasible - reasonably capable of being done, executed, or effected with the means at hand and circumstances as they are; practicable. Functions and Services - This definition is limited to natural resource functions and services. Functions refers variously to the physical, chemical, and biological processes or attributes that contribute to the self-maintenance of a natural system. Some examples of ecosystem functions are provision of wildlife habitat, carbon cycling, or the trapping of nutrients. Services represent the benefits human populations derive, directly or indirectly, from ecosystem functions. Some examples of ecosystem services are support of the food chain, harvesting of animals or plants, and the provision of clean water or scenic views. Functions and services do not necessarily demonstrate a one-for-one correspondence due to the interrelated nature of many functions and services. Goal - A general statement indicating a desired end or the direction the City will follow to achieve that end. Habitat - An area upon which fish and/or wildlife depends in order to meet their requirements for food, water, mobility, security, and reproduction. Healthy Streams Plan - Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowledge and innovation to improve watershed and stream health for community benefit. Historic and Cultural Resources - Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of the Nation, Oregon, and/or Tigard. Impervious Surface - A solid surface, such as streets, parking lots, and roofs that prevents rain from being absorbed into the soil, thereby increasing the amount of water runoff that typically reaches a receiving stream. Low Impact Development (LID) Practices - An approach to land development that uses CPA2008-00003 Attachment 2 City of Tigard 9 Natural Resources and Historic Areas various land use planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential environmental impacts. Natural Resources - Resources and natural resource systems identified in Statewide Planning Goal 5 including fish and wildlife habitats; wetlands; streams and associated riparian corridors; groundwater; and rare and endangered fish and wildlife, plants, and plant communities. Natural Systems - interactive, interrelated, and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Nature in Neighborhoods Program - A Metro region conservation initiative that brings people and government together to ensure a healthy urban ecosystem. The initiative will align the region's conservation programs behind a strategic effort to protect clean water and healthy natural areas for fish, wildlife and people. It will add more hands-on capacity for conservation education and habitat restoration. Policy - 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. Promote - support, advocate, or take affirmative action to achieve a particular community objective. Recommended Action Measure - 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. Regionally Significant Habitat - Areas containing significant fish and wildlife habitat as CPA2008-00003 Attachment 2 City of Tigard 10 Natural Resources and Historic Areas identified and periodically updated though the Metro Nature in Neighborhoods Program. Riparian Corridor - Water areas, fish and wildlife habitat, wetlands, and adjacent riparian areas that consist of the zone of transition from an aquatic ecosystem to a terrestrial ecosystem; see also stream corridor. Riparian Habitat - Habitat areas located within, and dependant upon the unique habitat elements provided within, a Riparian Corridor. Upland Habitat - All habitats beyond a riparian corridor. Sensitive Lands - As defined in Chapter 18.775.010.G of the City of Tigard Community Development Code. Stream Corridor - Area adjacent to a perennial or intermittent creek or river that protects the water quality functions of the stream as well as fish and wildlife habitat. Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. Sustainability requires simultaneously meeting environmental, economic and community needs. Wetland - An area that is inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 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 CPA2008-00003 Attachment 2 City of Tigard 11 Natural Resources and Historic Areas 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. 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. CPA2008-00003 Attachment 2 City of Tigard 12 Natural Resources and Historic Areas 1 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. CPA2008-00003 Attachment 2 City of Tigard 13 Natural Resources and Historic Areas