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City Council Packet - 04/13/2010 • RI r , City of Tigard Tigard Business Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE: April 13, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting 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. Times 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 call 503 - 639 -4171, ext. 2410 (voice) or 503_ 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA 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 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. _ _ __ TIGARD RD CITY COUNCIL A. ril 13 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 J 503 - 639.4171 I www.tigard- or.gov I Page 1 of4 A n : City of Tigard z Tigard Business Meeting - Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE /TIME: April 13, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION o Discuss Use of Urban Renewal Funds to Subsidize Temporary Use Fees for Downtown Tigard Businesses — Community Development Department Staff o Administrative Items • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(2) (d) and real property negotiations under ORS 192.660(2) (e). 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. 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 2. PROCLAMATION — Mayor Dirksen o Days of Remembrance Week — April 11 -18, 2010 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Taylor Friesen • Tigard Chamber of Commerce Chief. Executive Officer Debi Mollahan • Follow -up to Previous Citizen Communication • Citizen Communications Sign Up Sheet TIGARD CITY COUNCIL— April 13, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I Page 2 of 4 4. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for November 24, December 15 and December 22, 2009 and January 5 and 12, 2010 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Appoint John Storhm to Temporarily Fill the Seat of Library Board Member Scott Hancock, Deployed by the United States Military for Approximately One (1) Year 4.4 Accept the 2009 Solid Waste Report and Retain Existing Solid Waste Rates 4.5 Amend Master Fees and Charges Schedule to Institute Fees for New Downtown Land Use Review Procedures 4.6 Approve a Resolution Approving an Intergovernmental Agreement Between the Cities of Tigard and Beaverton and Washington County for the Highway 217 Interchange Management Study 4.7 Approve Submittal of Application for ODOT Readiness Initiative Grant Funds 4.8 Local Contract. Review Board: a. Approve Change Order No. 2 for Hoodview Sewer Reimbursement District No. 45 • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Councill City Center Development Agency has voted on those items which do not need discussion. 5. RECEIVE TREE CITY USA GROWTH AWARD AND PRESENT TREE S FEWARDSHIP AWARDS • Community Development Department 6. UPDATE ON PROPOSED TRIMET SERVICE CUTS • Community Development Department 7. LEGISLATIVE PUBLIC HEARING — CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2010- 00001) a. Open Public Hearing b. Summation by Community Development Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. .Council Consideration: Ordinance No. 10- TIGARD CITY COUNCIL- April 13, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 3 of4 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT 1.\ADM \CATHY\CCA \2010\ 100413.doc TIGARD CITY COUNCIL- April 13, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or:gov I Page 4 of4 "- & ; a. City ofTigard ':;,/.. _. _, ®: : Study Session - Agenda r �D TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: April 13, 2010/6:30 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 Use of Urban Renewal Funds to Subsidize Temporary Use Fees for Downtown Tigard Businesses — Community Development Department Staff o Administrative Items ✓ Check date with City Council members: Monday, July 12, 2010 for a joint meeting with Lake Oswego City Council. Tigard will host. ✓ Tea Party Protest scheduled for Tigard on Thursday, April 15 ✓ Agenda Item No. 7 — Consider Development Code Amendment (DCA2010- 00001) to Extend Land Use Approvals will also be discussed at April 20 Workshop and the Public Hearing will be continued to April 27. • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(2) (d). 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: April 20* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 27* Tuesday Council Business Meeting — 6:30 pm, Town Hall May 3 Monday Budget Committee Meeting— 6:30 pm, Public Works Auditorium 10 Monday Budget Committee Meeting— 6:30 pm, Public Works Auditorium 11* Tuesday Council Business Meeting — 6:30 pm, Town Hall 17 Monday - Budget Committee Meeting— 6:30 pm, Public Works Auditorium 18* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 27* Tuesday Council Business Meeting — 6:30 pm, Town Hall 31 Monday Memorial Day Holiday — City Offices Closed TIGARD CITY COUNCIL STUDY SESSION AGENDA — April 13, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I 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 closed to 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) (f) - Exempt public records — to consider records that are "exempt by law 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) (j) - 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) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. I: \ADM \CATHY\CCA SS - PINK SHEET\20I0 \100126.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA - April 13, 2010 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503 -639 -4171 ( www.tigard- or.gov Agenda Item # (�C1�9 .557 an Meeting Date April 13, 2010 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Discuss the Use of Urban Renewal Funds to Subsidize Temporary Use Fees for Downtown Businesses Sean F arrell Dept Head Approval: City Mgr Approval: // ✓ ca Prepared By: y P PP s� PP _ �'� ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Should urban renewal funds be used to subsidize temporary use fees for festivals and public events organized by Downtown businesses? STAFF RECOMMENDATION Discuss with staff and provide direction. KEY FACTS AND INFORMATION SUMMARY This issue arose when the owner of Max's Fanno Creek Brew Club expressed concern about the cost of obtaining multiple $304 temporary use permits for recurring special events, such as its summer and winter "Nano Brew Fests and Oktoberfest" (Attachment 1). Events such as these, while benefiting private businesses, also attract new visitors to the Downtown and can play a role in marketing Main Street. Temporary Use review is required for seasonal or special events. Applications are reviewed for consistency with the zoning district, parking, and visual clearance issues. Of the 16 Temporary Use permits that were issued Citywide in 2009, only 3 were issued for existing businesses holding a temporary event: 2 to Max's and 1 to a mattress store on Pacific Highway. The rest of the temporary use permits were for Christmas tree lots (5), fireworks stands (4), temporary real estate sales offices (2), berry stand (1), and a traveling exhibition at Washington Square (1). Max's was the only business that applied for two temporary use permits within the same calendar year. The current system of temporary use fees may have the effect of discouraging events like brew fests, sidewalk sales, or other business sponsored holiday celebrations. One potential solution is to use Downtown Urban Renewal funds to provide a fee subsidy for applications by businesses for temporary uses that meet specific criteria. Staff's view is that, within limits, a subsidy for bona fide festival or special event activities is appropriate. For example, to be eligible for temporary use permit subsidy, an event must foster a general awareness of Downtown Tigard by bringing large numbers of people Downtown. Another possible criterion would be for event publicity to promote or create an awareness of Downtown. Also, it is important to establish limits on the amount of Urban Renewal funds that could be expended for this purpose. Staff discussion has on focused establishing a cap. For example, $1,520 annually would be available. This amount would pay for 5 temporary use. permits. There are a variety of ways in which the program could be structured, but a simple approach of paying for half the cost of temporary permits that meet City criteria would be most expedient. • OTHER ALTERNATIVES CONSIDERED Develop a special rate structure for temporary uses Downtown (or Citywide); for example, the 1" temporary use permit in a calendar year is full price, applications for additional temporary uses that are substantially similar could have a reduced fee. CITY COUNCIL GOALS Goal 2: Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: Email from Marvin Bowen Attachment 2: March 11, 2010 letter from Ron Bunch to Marvin Bowen FISCAL NOTES The Temporary Use Permit Fee is _currently $304 on the 09/10 Fee Schedule. The fiscal impact on the CCDA budget would depend on the level of subsidy (if any) and the number of qualifying temporary uses applying in the fiscal year. The 2009 -10 and 2010 -11 CCDA .budgets have line items for marketing to which any fee subsidy could be attributed. I: \1,RP1.N \Council Materials \2010 \4 -13 -10 AIS U12 Temp Use subsidy.docx Attachment 1 From: Connie Bowen[SMTP :FANNOCREEKBREWPUB @GMAIL.COM] Sent: Saturday, February 06, 2010 8:36:02 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Request for Temporary Use Type 1 Fee Reduction Auto forwarded by a Rule Good morning: Fanno Creek Brew Pub is planning our first winter beer fest to be held the last 3 days of February. We will be applying for a Temporary Use Type 1, which we have done for several events, each time we have rented tents for outside events. The reason for the application is for authority to close the exit driveway along Fanno Creek. Each application is the same issue, except date of event and location of the tent. The cost is $304 each time. This fee by the City is approximately 20% of the cost to rent the tent, tables, chairs, sidewalls for the tents, water barrels for anchors, including installation and tear down of the above by the rental company. We have to sell 70+ hamburgers or almost 1 keg of beer to pay for the city permit. I believe we are doing as much as possible to make the Pub a destination for many people and help Main Street to come alive. It has not been easy to date. It is amazing how many people have not been to Main Street until they visit Fanno Creek Brew Pub. It would be appreciated if a substantial fee reduction would be available for Main Street businesses for recurring Temporary Type 1 Use permits. Also, consideration would be appreciated if Main Street businesses were allowed to have approved temporary signs at a, nominal fee and for longer than a few weeks. I would hope the City appreciates the difficulty for new businesses on Main Street to attract customers. Thank you. Fanno Creek Brew Pub 12562 SW Main Street Tigard, OR 3 • Attachment 2 City of Tigard, Oregon o 13125 SW Hall Blvd. ® Tigard, OR 97223;, • Gtv'f 4 x$ y. March 11, 2010 , �� r Marvin Bowen Fanno Creek Brew Pub 12562 SW Main Street Tigard, OR 97223 Dear Marvin: I wanted to follow up regarding our conversation in February about reducing the City's temporary use fee for Tigard Main Street businesses that engage in events, festivals, or other activities that attract people to the Downtown. In your case, the Fanno Creek Brew Pub was recently charged $304 for its winter brew festival. The festival was one of a succession of similar events for which you were charged this amount. I relayed that we would get back to you when this matter was scheduled for Council. We will ask Council at its April 13, 2010 study session if it wishes to reduce or subsidize temporary festival or community event land uses. As we discussed, staff will also raise the issue of whether or not you should be eligible for a retroactive fee subsidy associated with the recent brew festival. Council's study session will be held in the Red Rock Conference Room in City Hall at 6:30 pm on April 13, 2010. You may attend if you wish. I apologize that we were not able to more quickly respond to your inquiry. The Tigard Municipal Code does not make available fee reductions for individual applicants. We need Council approval to do this. The City of Tigard wishes to encourage the positive community spirit and business climate that often result from public gatherings. The Fanno Creek Brew Pub offers a great product and atmosphere for entrepreneurial events and we wish to be supportive where we can. If you have any questions, please feel free to call me at 503 - 718 -2443 or email (ron @tigard- or.gov). You may also call Sean Farrelly, Urban Renewal Manager, at 503 - 718 -2420 or email him (sean @tigard- or.gov_). Sincerely, O 4.! Ron Bunch Community Development Director Copy: Craig Prosser, City Manager Sean Farrelly, Urban Renewal Manager Susan Hartnett, Assistant Community Development Director File: marvin bowen March 10 letter re temp uses Phone: 503.639.4171 e Fax: 503.684.7297 ® www.tigard- or.gov 0 TTY Relay: 503.684.2772 AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE: April 13, 2010 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Prin CONTACTED Name: 1( /1 t / 7 4f4 - 77 -- , Also, please spell your name as it sounds, if it will /- l )keF help the presiding officer pronounce: 6 Le-AA L4-147\ Address /TOT t' v G y City (5' r M� r State Zip 97 31 Phone No. ‘5 M 4 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 • ---'--------------I-----------------T-T-T1 . • `"Wry Christian Haaning c Education Program Coordinator z Cascade Educa ' Corps 503 -431 -5476 c h g@ d kl2 • aantn n r Tigard - Tualatin wres School or Dis trict 23J } Y r Tigard High School : J Tigard, Oregon 97224 Road IL Fax 503 -431 -5442 .... . _ . . . .. . .. • ... . . . .. ._ .. . . . : , .. . ' _ . . . , . : • ...... " , . ._ . • .. . . , . „ ,. . v ,. 4:4,..1/ eet5e4_,60.,(,,,,,y,- .. .. : :!., .. ... ,..,..,„... . „ 1 P rd P •1 U J c Tigard High Leadership 9000 SW Durham Rd. • Tigard • Oregon • 97224�� (503) 431 -5518 Tigard City Council: April 13, 2010 Student Envoy: Taylor Friesen I. Academics a. Thursday, April 15 is the last day of the third quarter. b. There will be no school on Friday, April 16 II. Athletics a. Girls Softball is playing Forest Grove at home tomorrow starting at 5PM for Varsity and JV. b. Boys Baseball is playing Tualatin at Tualatin tomorrow night starting at 5PM for Varsity and JV. Freshmen will be at home starting at 5. III. Arts a. Tigard High is putting on an art contest for a mental health resource poster! Prizes are awarded to first, second and third place winners, with projects due by this Thursday, April 15! For more information, please pick up a flyer from either the School Based Health Center or the Reception Office. b. "Tigard's Got Talent" school talent competition is this Thursday from 7 to 9PM in the big gym. Admission is free, but donations are gladly accepted. IV. Activities a. The Grad Night Spring Fling Fundraiser is this Friday from 7 to 9:30 PM in the commons. Enjoy a fun night of friends, desserts, raffles, shopping and more! Tickets are only $5 and can be purchased in the main office. b. Class elections took place today at lunch and will finish tomorrow. Winners will be announced in the following days. c. A special presentation, "Be All You Can Be," presented by renowned speaker and youth advocate Consuelo Castillo Kickbusch is this Saturday, April 17, at 10:00 a.m. in our Auditorium. It's free, and breakfast and lunch will be served. Come in to Reception for more information. Parents invited to attend as well! Agenda Item No. V, < . q For Agenda of April 13, 2010 • • . N MEMORANDUM T I GARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DA'Z'E: April 13, 2010 Regularly scheduled Council meetings are marked with an asterisk ( *). April 13* Tuesday Council Business Meeting — 6:30 pm, Town Hall 20* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 27* Tuesday Council Business Meeting — 6:30 pm, Town Hall May 3 Monday Budget Committee Meeting — 6:30 pm, Public Works Auditorium 10 Monday Budget Committee Meeting — 6:30 pm, Public Works Auditorium 11* Tuesday Council Business Meeting — 6:30 pm, Town Hall 17 Monday Budget Committee Meeting — 6:30 pm, Public Works Auditorium (if needed) 18* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 25* Tuesday Council Business Meeting — 6:30 pm, Town Hall 31 Monday Memorial Day Holiday, City Hall closed June 8* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 22* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for c mtg 100413.doc Tigard City Council Tentative Agenda 2010 Agenda Item No. �� - Meeting of /479(1 /,acY• Meeting Date: April 13, 2010 Meeting Date: April 20, 2010 Meeting Date: April 27, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due March 2, 2010 Request to Sched. Due March 9, 2010 Request to Sched. Due March 16, 2010 Materials Due @ 5: March 30, 2010 Materials Due @ 5: April 6, 2010 Materials Due @ 5: April 13, 2010 Mayor Dirksen Absent Study Session - Time Sched. 45 min. - 0 Avail. Workshop Study Session - Time Sched. 25 min. - 20 Avail. Exec. Session - Labor Negotiations- Sandy -2Q min. Briefing on Regional Transportation Plan - Discuss Revs. to Citywide Personnel Policies- Sandy -10 1 i !.i ( 1 Subsidize Judith 15 min. Discuss Upcoming UGB Expansion Methodology and Temp: tem prissfeerir messes - on -10 Update on Street Maintenance Fee True -up - Local Government Input - John - 15 min. &lie. *�. NegOttations - X15 min. Dennis - 30 min. Consent Agenda Tigard Town Center Designation -Ron - 30 min. Approve Leave of Absence for Library Board Member Discuss Alternative Approaches for the Consent Agenda and Appoint Alternate to Fill Vacant Position - Proposed Development Code Amendment Approve Application to Dept. of Justice for a Margaret - RES to Extend the Approval Process for Specified Strategic Enhancement Mentoring Program Grant - Amend Master Fees Schedule to apply Fees to new Land Use Decisions - Cheryl - 30 min. Chief Orr Downtown Code Review Procedures - Sean - RES Update on Pacific Highway /Hall /Greenburg /Main Annual Solid Waste Financial Report - Dennis -SI Construction and ARRA funded Pavement Approve Change Order for Hoodview Drive Sewer Overlay Construction - Dennis & Mike Mc. - 15 min. Reimbursement Dist. - Ted Business Meeting Approve IGA for Hwy 217 Interchange Mgmt. Study -Gus Proclamations (2) - Stand Against Racism and Approve Submittal of 2010 ODOT Project Readiness Be Kind to Animals - Joanne B. Notice of Intent for Fanno Ck. Bridge & Trail - Duane Council Goal Update - Liz N. - SI - 15 min. Business Meeting Informational PH - Finalize SS Reimbursement Dist. THS Student Envoy &Chamber of Commerce Rep. No. 45 ( Hoodview) - PPT - RES - Dennis - 15 min. Proclamation - Days of Remembrance Informational PH - Finalize SS Reimbursement Dist. - Joanne B. No. 46 ( Baylor, 72nd) - PPT - RES - Dennis - 15 min. Arbor Day Update and Tree Stewardship Awards - (Tentative) Leigs. PH Continuance from April 13, 2010 Marissa/Todd - 35 min. to Consider and Adopt a Development Code Update on TriMet Proposed Svc Cuts - Judith - 20 Amendment to Extend the Approval Period for PH -Adopt Development Code Amendment to Extend Specified Land Use Decisions - Cheryl - 45 min. Approval Period for Specified Land Use Decisions in Recognition of the Economy's Impact on Develop- ment Activities - Cheryl C. - 30 min. - ORD Time Avail: 110 min. - Time Scheduled: 85 min. Time Avail: 180 min. - Time Scheduled: 120 min. Time Avail: 110 min. - Time Scheduled: 90 min. Time Left: 25 min. Time Left: 60 min. Time Left: 25 min. Page 1 of 7 Color Key: Admin -Green CD - Red HR - Magenta Finance /IT - Orange Library - Aqua Police - Blue Risk - Purple PW - Brown 4/5/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: May 3, 2010 Meeting Date: May 10, 2010 Meeting Date: May 11, 2010 Meeting Type/Time: Budget Com. /6:30 p.m. Meeting Type/Time: Budget Com. /6:30 Meeting Type/Time: Business /6:30 p.m. Location: PWA Location: PWA Location: City Hall Request to Sched. Due Request to Sched. Due Request to Sched. Due March 30, 2010 Materials Due @ 5: Materials Due @ 5: Materials Due @ 5: April 27, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Consent Agenda Appoint Members to the Urban Forestry Code Revisions Citizen Advisory Comm. - Marissa - RES Budget Committee Meeting Budget Committee Meeting Award Contract for Consultant Water Rate Methodology Study - Dennis LCRB -Award Street Sweeping Svcs. Cont. - Dennis LCRB -Award Contract for Repair of the Fanno Creek House - Dennis Business Meeting THS Student Envoy Chamber of Commerce Rep. Proclamation - EMS Week - Joanne B. Tigard Youth Advisory Council Update -Sheryl H. & Connie Ramaekers - PPT - 15 min. Burnham &CIP Project Reports - Ted /Kim - PPT - 15 min. Citywide Sewer Extension Program Review - Ted - 20 min. Presentation of Pacific Highway Vision Document by the University of Oregon Portland Urban Architecture Laboratory - Ron /Sean - 45 min. -PPT Time Avail: 110 min. - Time Scheduled: 95 min. Time Left: 15 min. Page 2 of 7 4/5/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: May 17, 2010 Meeting Date: May 18, 2010 Meeting Date: May 25, 2010 Meeting Type/Time: Budget Com. /6:30 Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: PWA Location: City Hall Location: City Hall Request to Sched. Due Request to Sched. Due April 6, 2010 Request to Sched. Due April 13, 2010 Materials Due @ 5: Materials Due @ 5: May 4, 2010 Materials Due @ 5: May 11, 2010 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Meeting with Judge - Nadine - SI - 30 min. Joint Meeting with Library Board - Margaret - 30 min Briefing on Regulatory Reform: A Longer Term Approach to Improving the Development Code - Susan - 40 min. Budget Committee Meeting Consent Agenda Approve IGA with Washington County accepting Grant Funds to finance The Knoll at Tigard Sidewalk and Improvements - Duane - MO Approve MOU with CPAH for pass through of CDBG Funds - Duane - MO Business Meeting Info PH - Approve Formation of the Sanitary Sewer Reimbursement District No. 48 (Lower Cherry Dr.) Ted - PPT - 10 min. - PPT Info PH - Approve Formation of the Sanitary Sewer Reimbursement District No. 42 (100th Ave.) Ted - PPT - 25 min. - PPT NLC Trip Report - Cathy - 20 min. Time Avail: 180 min. - Time Scheduled: 100 Time Avail: 110 min. - Time Scheduled: 55 min. Time Left: 80 min. Time Left: 65 min. Page 3 of 7 4/5/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: June 8, 2010 Meeting Date: June 15, 2010 Meeting Date: June 22, 2010 Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due April 27, 2010 Request to Sched. Due May 4, 2010 Request to Sched. Due May 11, 2010 Materials Due @ 5: May 25, 2010 Materials Due @ 5: June 1, 2010 Materials Due @ 5: June 8, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Study Session - Time Sched. 0 min. - 45 Avail. Water Treatment Process Selection - Joint Meeting with the IWB- Dennis -45 min. Water Rate Methodology Study Project Overview - Dennis - 30 min. - PPT Consent Agenda Consent Agenda Approve Senior Center Lease Renewal 2010 -2015 - Loreen - MO Business Meeting Business Meeting Burnham &CIP Project Reports - Ted /Kim - PPT - 15 min. Certify City provides Svcs. for Shared Revs.- Toby- 5 min. - RES Declare Election to Receive State Revenues - Toby - PH -5 min. - RES Approve 2010 -2015 CIP - PH - Toby - 10 min. Adopt Citywide Master Fees & Charges - Toby -10 min. -RES Adopt FY 2010 -11 Budget - PH - RES- Toby- 25 min CCDA Budget Adoption - PH - Toby- 5 min. A dopt the Citywide Master Fees and Charges Sched. Carissa - 10 min.- RES Time Avail: 110 min. - Time Scheduled: 85 min. Time Avail: 180 min. - Time Scheduled: 135 Time Avail: 110 min. - Time Scheduled: 0 min. Time Left: 25 min. Time Left: 45 min. Time Left: 110 min. Page 4 of 7 4/5/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: July 13, 2010 Meeting Date: July 20, 2010 Meeting Date: July 27, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due June 1, 2010 Request to Sched. Due June 8, 2010 Request to Sched. Due June 15, 2010 Materials Due @ 5: June 29, 2010 Materials Due @ 5: July 6, 2010 Materials Due @ 5: July 13, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Study Session - Time Sched. 0 min. - 45 Avail. Council Groundrules - Cathy -20 min. Joint Meeting with the Budget Committee Si - Toby - =30 min. Water Rate Consultant Presentation on Water Rate Study Findings - Dennis -50 met, PPT Consent Agenda Water Rate Consultant Presentation on Consent Agenda System Development Charge (SDC) Findings - Dennis - 20 min - PPT First Workshop to Review and Discuss Planning Commission recommended _ Tigard 2035 Transportation System Plan Business Meeting Judith - 60 mins Business Meeting Chamber of Commerce Council Goal Update - Admin - SI - 15 min. Burnham &CIP Project Reports - Ted /Kim -PPT - PPT - 15 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 180 min. - Time Scheduled: 180 Time Avail: 110 min. - Time Scheduled: 15 min. Time Left: 95 min. Time Left 0 min. Time Left: 95 min. Page 5 of 7 4/5/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: August 10, 2010 Meeting Date: August 17, 2010 Meeting Date: August 24, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /CCDA/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due June 29, 2010 Request to Sched. Due July 6, 2010 Request to Sched. Due July 13, 2010 Materials Due @ 5: July 27, 2010 Materials Due @ 5: August 3, 2010 Materials Due @ 5: August 10, 2010 Study Session - Time Sched. 20 min. - 25 Avail. Workshop Study Session - Time Sched. 0 min. - 45 Avail. City Manager Review - Admin - SI - 20 min. Second Workshop to Review and Discuss Planning Commission recommended Tigard 2035 Transportation System Plan - Judith - 60 mins Consent Agenda Consent Agenda Business Meeting Business Meeting Chamber of Commerce Burnham &CIP Project Reports - Ted /Kim - PPT - 15 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 180 min. - Time Scheduled: 60 Time Avail: 110 min. - Time Scheduled: 0 min. Time Left: 95 min. Time Left: 120 min. Time Left: 110 min. Page 6 of 7 4/5/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: September 14, 2010 Meeting Date: September 21, 2010 Meeting Date: September 28, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /CCDA/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due August 3, 2010 Request to Sched. Due August 10, 2010 Request to Sched. Due August 17, 2010 Materials Due @ 5: August 31, 2010 Materials Due @ 5: September 7, 2010 Materials Due @ 5: September 14, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Study Session - Time Sched. 0 min. - 45 Avail. Park & Recreation Advisory Board Annual Joint Meeting - SI - PW - 30 min. Water Rate Consultant Presentation on Final Recommendations on System Dev. Charge (SDC) Update - Dennis 30 min.- PPT Consent Agenda Water Rate Consultant Presentation on Consent Agenda Final Recommendations on Water Rate Study - Dennis - 60 min. - PPT Business Meeting Business Meeting Chamber of Commerce THS Student Envoy Burnham &CIP Project Reports - Ted /Kim PPT - 15 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 180 min. - Time Scheduled: 120 Time Avail: 110 min. - Time Scheduled: 0 min. Time Left: 95 min. Time Left: 60 min. Time Left: 110 min. Page 7 of 7 4/5/2010 Agenda Item # Y. -g Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Appoint John Storhm to Temporarily Fill the Seat of Library Board Member Scott Hancock, Deployed by the Unites States Military for Approximately One (1) Year / Prepared By: Alison Grimes Dept Head Approval: // City Mgr Approval: tiff C pr ISSUE BEFORE THE COUNCIL Approve appointment of John Storhm from Alternate to Board Member, temporarily assuming the vacant seat of Scott Hancock, who was deployed for military service March 13, 2010 and returning March 2011. STAFF RECOMMENDATION Approve appointment of John Storhm. KEY FACTS AND INFORMATION SUMMARY Appoint John Storhm, currently an Alternate on the Library Board, to temporarily fill the seat on the Library Board vacated by Scott Hancock due to a military deployment beginning March 13, 2010 until March 2011, effective immediately. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution. FISCAL NOTES None. Ralph Scott Hancock 12340 SW Anton Drive Tigard, OR 97223 • • March 11, 2010 • Dear Margaret Barnes: I would like to request a military leave of absence from the Tigard Library Board. As you know, I was • • appointed by the Tigard Mayor to serve a four year term on the board. I would like to resume my duties on the Library Board upon my return and complete the remainder of my appointment. I will be leaving on Title 10 Mobilization Orders for the United States Naval Reserve starting March 13, 2010. These orders are for 365 days and allow the United States Navy the right to extend them another 365 days. However, at this time I am planning on a March 2011 return. I would like to thank the Library Board, The Mayor, and you for the opportunity of already serving the Tigard Library and look forward to returning and continuing with my term on the Library Board. Sincerely, • Ralph "Scott" Hancock • • • • • • • • • • • • • • • • • • • • • Agenda Item # W` / Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Accept the 2009 Annual Solid Waste Report an." tain Existing Solid Waste Rates Prepared By: Dennis Koellermeier Dept Head Approval: J City Mgr Approval: , . ce ISSUE BEFORE THE COUNCIL Shall the Council accept the 2009 Annual Solid Waste Report? STAFF RECOMMENDATION Accept the 2009 Annual Solid Waste Report. KEY FACTS AND INFORMATION SUMMARY • The City of Tigard has two franchised solid waste haulers, Pride Disposal Company and Waste Management Incorporated. • Every March these haulers provide the City with financial reports for the preceding year as required by Tigard Municipal Code Chapter 11.04.090. • Staff has reviewed the reports in accordance with the Annual Haulers' Financial Report Review Procedure found in Resolution No. 01 -54 -A. This Resolution: o Sets an aggregate target profit rate of 10 percent annually for the solid waste haulers. o States the City Council shall consider rate adjustments when the annual aggregate target falls below 8 percent or exceeds 12 percent. • Staff prepared the aggregate financial report for 2009 which shows a profit rate of 6.78 percent. Because this profit rate falls below 8 percent, the Council will be asked to consider whether a rate adjustment is warranted. • Staff is currently opening rate discussions with the haulers. OTHER ALTERNATIVES CONSIDERED Council could provide direction to staff regarding new solid waste rates for 2010. The Tigard Municipal Code specifies new rates should take effect on June 1. CITY COUNCIL GOALS None ATTACHMENT LIST 1. Aggregate Franchised Solid Waste Hauler Financial Report for year ending December 31, 2009 2. Resolution No. 01 -54 -A FISCAL NOTES The City expects to receive approximately $400,000 in solid waste franchise fees for FY '09 —`10. Although rates are regulated by the City, residential and commercial customers pay for the solid waste services they receive. Solid waste rates have little impact on City finances. Attachment 1 • City of Tigard Franchised Solid Waste Haulers Financial Reports For Year ended December 31, 2009 (Aggregate Report) Direct Calendar Labor Year 2008 Hours Indirect Total Indirect Costs ------------------------------ - - - - -- $1,284,297 Drop Boxes Operating Revenue 52,037,935 • Operating Costs $2,061,781 7,784 $256,897 Net Income (S23,846) -1.17% Can /Cart Services Operating Revenue Residential $3,246,073 Multi - Family $11,133 Commercial, $141,853 Operating. Costs $1,753,181 7,747 S249,373 Net Income $1,645,878 48.42% Container Services Operating Revenue Residential $26,824 Multi - Family $700,041 Commercial $2,543,525 Operating Costs $2,021,765 7,281 $237,508 Net Income $1,248,625 38.18% Recycling Services Operating Revenue Residential $3,227 Multi - Family $49 Commercial $491 Bin /Cart Recycling $798 Container Recycling $6,982 Operating Costs $1,919,027 13,591 $440,909 NeCIncome (1.907,480) - 24517.74% Yard Debris Operating Revenue $25,564 Operating Costs $408,651 3,084 $99,610 Net Income (5383,087) -1499% Medical Waste. Operating Revenue $1,431 Operating Costs $0 Net Income $1,431 100% Consolidated Net Income $581,521 Other Revenue 8,594 Other Costs 0 • ' Adjustment, to Allowable Costs 3,208 Grand Total Net Income $593,323 Total Revenues $8,754,520 39,487 $1,284,297 Profit Percentage 6.78% • • Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO. 01-54 A- . A RESOLUTION OF THE TIGARD CITY COUNCIL FORMALIZING COUNCIL POLICIES AFFECTING SOLID WASTE RATE ACTIONS AND RESCINDING, RESOLUTION NO. 96-03 WHEREAS, the Tigard City Council desires to manage solid waste rates in a manner which is consistent with the Solid Waste Management Ordinance (TMC 1 1.01); and • WHEREAS, the Solid Waste Industry and recycling programs and markets continue to rapidly change: and WHEREAS the Solid Waste Industry is being forced to change by multiple court challenges region -wide which question continuing the past rate practice of commercial rates subsidizing the residential service rates; and WHEREAS, the Tigard City Council wishes to update its established policies for solid waste management to insure rates that are just, fair, reasonable and adequate to provide ongoing necessary service to the public; and WHEREAS, the Tigard City Council desires to rescind Resolution No. 96 -03 and adopt updated policies to net the challenges faced in providing solid waste services for the citizens of Tigard. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby rescinds Resolution No. 96 -03 in its entirety. SECTION 2: The Tigard City Council will use the following policy when it reviews any changes to the solid waste rates in an effort to reduce the commercial subsidy of residential service rates and move w rates that are based on cost of service over a period of time: SERVICE-TYPE RATE SUBSIDY POLICY It is the desire of the Tigard City Council to eventually have solid waste rates be profitable by each service type (i.e., cart, container, drop box). Since there currently exists a commercial (container) subsidy of the residential (cart) rates and drop box rates, a phased -in reduction of the subsidy is anticipated within the next seven years. The subsidy will be reduced at increments acceptable to the City Council. SECTION 3: The Finance Director, or designee, will use the following policy when computing the solid waste haulers' rate of return: OPERATING MARGIN/RATE OF RETURN POLICY The Operating Margin, or rate of return, will be calculated on the before tax net profit as a percentage of gross revenue. The "profit rate" review will be based on the aggregate pre -tax net income as a percentage of the aggregate gross revenues of the franchised haulers. The City Council shall consider an adjustment during rate review proceedings to provide a ten percent (10 %) margin in the aggregate. RESOLUTION NO. 01-.5 /— Page 1 Loru:n11:1Cr1Y\IDL-VUS1 _MMGrlSolid Wnste \Council Action ltems\Council Solid WaSte Policies Res-Aloe • SECTION 4: ANNUAL HAULERS' FINANCIAL REPORT REVIEW PROCEDURE The Finance Directur, ur designee, will review the solid waste haulers' annual financial reports and gather any clarifications deemed necessary from the haulers or their designated representatives each year. After being satisfied that the reports are complete and properly filled out in accordance with the instructions provided, the Finance Director, or designee, will determine the "profit rate" by the aggregate pre -tax net income of the haulers as a percentage of aggregate gross revenues. The Finance Director, or designee, will then report the results to the City Manager, the Mayor and City Council. If the aggregate profit rate falls below eight percent (8 %) the City Council shall consider an adjustment to provide a ten percent (10%) margin. If the aggregate profit rate exceeds twelve percent (12 %), the City Council shall consider an adjustment downward to provide a ten percent (10%) margin. EFFECTIVE DATE: This resolution will be effective on and after October I, 200] . PASSED: This day oftptarrJatL 2001. (4 °j ff Lj ♦,d M yor - (City o T � A' 1 I "EST: City Recorder - City of Tiga'd • • RESOLUTION NO. 01- J 4 - Page 2 Lorccn\I: \Cr1YWIOL•Vt1Sti MG11Solid Waste \Council Action Items \Council Solid Waste Policies Res.doc Agenda Item # Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Amend Master Fees and Charges Schedule to Institute Fees for New Downtown Land Use Review Procedures r r � P repared By: • Sean . Fancily Dept Head Approval: ' City Mgr Approval: / t V ISSUE BEFORE THE COUNCIL Shall the City Council. approve 'a resolution to amend the Master Fees and Charges Schedule to institute fees for new Downtown land use review procedures? STAFF RECOMMENDATION Staff recommends that Council approve the resolution to amend the Master Fees and Charges Schedule. KEY FACTS AND INFORMATION SUMMARY In January, 2010 Development Code Amendments were approved.by Council (Ordinance 10 -02) to enact new Tigard Development Code (TDC) regulations applicable to land development actions in the Downtown. Specifically, TDC Chapter 18.390, Decision - Making Procedures, was amended to include the following new land use procedures: 1) Design Review Compliance Letter (Type I); 2) Downtown Design Administrative Review (Type II); and 3) Downtown Design Review (Type III).. Downtown Design Review would be conducted by a Design Review Board. New land use and application fees are proposed for the new procedures because they differ in scope and complexity from the TDC Site Development Review procedures applicable outside the Downtown District. Staff is proposing the following fees with a mind toward balancing the need to recoup City costs for land use review, but also not making the fees so expensive as to discourage development. The following provides further detail: • The proposed $579 application processing fee for a Downtown Design Review Compliance Letter (Type I) is the same as a Site Development Review (SDR) Minor Modification. The reason is that the new process requires a level of review for design related actions that is estimated to require the same effort as processing a SDR Minor Modification application. • The Downtown Design Administrative Review (Type II) encompasses both renovations of existing buildings and new buildings. This is a much more complex process than the Design Review Compliance Letter. The fee is proposed to be based on sliding scale related to project valuation. The reason for using the "sliding scale" is • that project cost is a good indicator of project complexity and hence the amount of time required to review and process the land use application. However, the fee is designed to decrease as a percentage of total project cost. For instance, the fee is scaled so that review and processing fees for a $50,000 project would be about $1,400 (about 2.8% of total cost), whereas the fee for $750,000 project would be $4,200 (about .56% of total cost). A1.RPI,ti \Council ,11azeri;ds \2010 \4 -13 -I0 AIS 171' Is rnn review.don concept of a sliding scale land use review fee is widely used. Locally, Hillsboro, Oregon City, and Portland use the methodology. • Downtown Design Review, undertaken by a Design Review Board, is very similar to a quasi - judicial process (Type 'HI) because it involves the application of discretion, requires detailed staff reports, a public hearing, and very specific findings and conclusions. Therefore, this procedure is proposed to be the cost of a Type III Sensitive Lands Use Review fee (currently $2,613), plus the applicable Type II review fee. The proposed fees are listed on-page 2 in Attachment 1, "City of Tigard Fees and Charges Schedule." OTHER ALTERNATIVES CONSIDERED Staff considered proposing fees that were similar to the existing fee schedule for Site Development Review, but determined the nature of future land use applications in the Downtown will likely require a different level of staff work and approach to land use review. CITY COUNCIL GOALS Goal 2: Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: Resolution amending the Master Fees and Charges Schedule to adopt fees for new Downtown Review procedures, including Exhibit A. FISCAL NOTES Staff will monitor the time and resources required to process Downtown land use review fees and determine if there is a need for adjustment. It is proposed to implement the new fees now as opposed to waiting for the FY 10 -11 budget adoption, because there may development applications that would require processing between now and then. I:AI.RPLNVCouncil Materials \2010 \4 -13 -10 AIS D'I' Is ron revicw.docx Agenda Item # Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title A Resolution Approving an Intergovernmental Agreement Between the Cities of Tigard and Beaverton and Washington County for the Highway 217 Interchange Management Study Prepared By: A. nuenas Dept Head Approval: '�/ City Mgr Approval: Z. ISSUE BEFORE THE COUNCIL Council is requested to adopt a resolution approving an Intergovernmental Agreement (IGA) with Washington County and the City of Beaverton for participation in the Highway 217 Interchange Management Study. STAFF RECOMMENDATION That Council adopt the attached resolution approving the IGA and authorizing the City Manager to execute the agreement documents. KEY FACTS AND INFORMATION SUMMARY • The Highway 217 long -term plan is to widen the freeway to 6 lanes with interchange improvements at a cost approaching $1.0 billion dollars. Funding the entire project is not feasible. The Highway 217 Interchange Management Study, funded through congressional earmarks supplemented by other federal funding, is intended to seek projects within the long -term plan that can realistically be funded for design and construction in the next few years. The projects need to provide benefits to the freeway without unduly affecting the adjacent street systems. • The Oregon Department of Transportation (ODOT) is conducting the study via cooperative agreement with Washington County. The study has proceeded through Phase 1 to identify projects that may be realistically be funded in the near term, can demonstrate benefits to Highway 217 without adversely affecting adjacent streets, and fit into the long -term plan for the highway. • Phase 2 more closely examines potential projects identified in Phase 1, is nearing completion, and may result in further study leading to selection and design of specific projects for construction. • The cities of Tigard and Beaverton have participated in the study since its inception by providing representatives to serve on the study's technical advisory committee (TAC). There is now an opportunity to receive partial reimbursement of up to $7,500 for costs incurred in that participation. This requires that an IGA be executed to formally continue to participate and be reimbursed for that effort. • OTHER ALTERNATIVES CONSIDERED None • CITY COUNCI'L'GOALS Council Goal; 'Continue pursuing opportunities to reduce traffic congestion (Long -Term Council Goal) ATTACHMENT LIST Proposed resolution with IGA attached as Exhibit A. FISCAL NOTES As the Highway 217 Interchange Management Study continues to progress, this IGA formally authorizes participation by the cities of Tigard and Beaverton and provides for reimbursement of expenses to each City in an amount not to exceed $7,500. is \eng \gus \council agenda sutnrtrgies\200'7 \2010\413 -10 intergovernmental agreement between cities of tigard, he s erton end sys hington county regarding highway 217 interchange study ain.duc Agenda Item # Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title ODOT Readiness Initiative Prepared By: D. Roberts Dept Head Approval: City Mgr Approval: 4 ( A, U v ci ISSUE BEFORE THE COUNCIL Should Council approve the submittal of an application for ODOT Readiness Initiative grant funds? STAFF RECOMMENDATION Council approve the resolution authorizing the submittal of a grant application. KEY FACTS AND INFORMATION SUMMARY In 2009 Congress made money available to fund transportation projects that create and sustain jobs and stimulate economic health for communities. According to the Oregon Transportation Commission (OTC), in 2010 additional federal funds may be forthcoming to improve transportation and stimulate job growth. In order to ensure Oregon communities have ready -to -go projects that can compete for these potentially available federal funds, the OTC created a $2 million competitive grant program designed to help Oregon communities and transit agencies to bring non-highway capital projects to "construction ready" status. The goal is to provide "readiness" assistance to projects that can be made construction ready by January 2010, and be completed within five years, with or without the award of economic stimulus funds for construction. The Readiness Initiative project timeline included only one week between announcement and application deadline. This was an insufficient amount of time for staff to follow the regular grant application authorization process. In order . to take advantage of this potential funding opportunity, staff quickly put together and submitted a project proposal for design of the Metro -owned "Brown" segment of the Fanno Creek Trail. Staff now is seeking retroactive approval of this submittal. The attached resolution supports the application for design of a Fanno Creek Trail project across the "Brown" property and connecting to the far end of Bonita Park, where the trail continues on -street and on- sidewalk. OTHER ALTERNATIVES CONSIDERED Not approve the resolution authorizing submittal of the application and withdraw the proposal from consideration. I:\ 1,RPI. \ \Crnmcil NLI renals \2010 \4- 13- 10_AIS 01301 Readiness Iniriarlvc.doc 1 CITY COUNCIL GOALS Goal 1: Implement Comprehensive Plan. The project implements the Alternative Transportation Element of the Tigard Transportation System Plan. ATTACHMENT LIST Attachment #1: ODOT Readiness Initiative — Vicinity Map Attachment #2: ODOT Readiness Initiative — Site Map Attachment #3: A Resolution of the Tigard City Council supporting an application for federal assistance for design of a pedestrian bridge and Fanno Creek Trail segment Attachment #4: 4 -13 -10 ODOT Readiness Initiative Announcement Attachment #5: Notice of Intent FISCAL NOTES The City has requested $85,000 in Readiness funds to finance the design for future construction of a pedestrian bridge over Fanno Creek, and 2,000 feet of Fanno Creek Trail. No City funds are involved. The City match will include in -kind grant administration and project management only. If awarded, the grant funds would be used to hire an engineering consultant to design the bridge and trail. • Readiness assistance is intended to make projects ready for funding if new federal stimulus funds are announced. If new federal funds are not made available, .or awarded to, a Readiness- supported project, the project sponsor is expected to provide alternative funding to finance project construction or completion within five years. In Tigard's case, the Public Works Department anticipates having local funding available for 2012/13 construction. This funding is proposed to include $127,000 from Metro Local Share, $120,000 in Parks System Development Funds, "and $233,000 from General Funds or grants. • I: \LRPI N \Council illatcrials \2010 \d -I3 -I0 AIS °DOT Readiness Initiatice.doc 2 1 ril — ATTACHMENT I II 1111 Proposal p t. • ■ '� �� Brown Property '. `� , , \ ■ i ,,/ 111PaT111101111.11 T \ T rail Pro it.„,.. � `� \ \ Ai ill yi , p au . . pi Vicinity Map 0 A, \ / , / i I 7 ./ V ■■■ \ ( i \ qiiiikaftSi ' p 1 1 ' N 1 City of T in ' \ , \ //// /I / vim ii 1 Oregon • rk A , V \ g I 7\ a \ /� D og r - rk \ I \ \ � �� \ 1 I Existing Trail • � \ Po =� \ \ • .. — Proposed Trail "� \, .r / ►� , Tigard Brown Property 0114 l $Creek ill H �% N� �� \,, ` Park/Open Space III � 40 = P ark `. \ ` / ' III E 111111111111'= \ Water 4 0 } in � •ard \ \ H • I j \ \ i Taxlot Boundary � �i •-r' � . : nlor i 1 . � - t � II 41, dm i : gym- v \ It L 1111111110 \ IIII` N ` \ ► 1 iii \ III dill WitI MIN1111 I "li ' 4 i i. \ I \ 1 I i •1 l Mir. ■ .. 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Park/Open Space • ♦ � �••. \ Water \ Taxlot Boundary iCANN a ` s \ c. 1: / / .tit H �� 1 COLONY CREEK CT — = l i x — _ _1 01 >- � j L i ._.l ... j g rr r _ N. I _ _ ; ` 1 I LL �e --- -, F � 1 E_. _17 „:''.4°4' 1, ' z r � � Z , f F-# 7 +� B onita „L _____ f — 1 ),,, ,,, r_____ ,,,..„ ,,, „ i< „, .,.,.. r -.i 5 j 4 P 'SIkY LN F:ka T icAR M fA!JNCI CREEK C7' , `°�I7 ' Q I I E N CAF.E�G 1 3 1 d. re Hall Blvd ' — ,,/ \ \\ 7lgnrd. Oregon 97223 1 503.639 417 qq WEAVER WAY I 1 u. \KO 1 f �r j - i \ www. t,gard- or.go I �kLINE LN ATTACHMENT 4 K y � , ;r_ l , Department of Transportation ( .. ) reoo n Public Transit Division Theodore R. Kulongoski, Governor Mill Creek Office Building 555 13th Street NE, Suite 3 Salem, OR 97301 -4179 Telephone (503) 986 -3300 Transit, Bicycle, and Pedestrian Modal Colleagues • FAX (503) 986 -4189 Subject: Immediate Attention; 2010 ODOT Readiness initiative In 2009 Congress made funds available through FTA? FHWA to fund transportation projects that create and sustain jobs an stimulate economic health for communities. In 2010 therema_ y be more funds made available to improve transportation and stimulate ob im growth. p P Jhg may. A .�, The Oregon Transportation C is c to helping Oregon's non - highway systems be ready for this potential supplemental funding. They has 1 set aside $2 million in funds for -non- highway projects to help Oregon have high quality modal improvement p ro j ects r eady �t o • i m p le me n t qu and successfully if new federal stimulus funds becon available. To accomplish N this, ODOT needs to, quickly dentify dal (transit, bicycle, pedestrian, rideshare) program �participants that need, financial assistance to bring a non highway capital projeto construction ready" status. The OTC hopes to approve thecan�d dates or Readiness ass at its April 2010 meeting in Flore * A The goal i provide Readines as sistance to projects that can be made construction re dy by January, 2010, and be completed within a 5 year period. Readiness assistance will make these projects ready for funding if new federal stimulus funds are announced. If new federal funds are not made available, Readinessa ssrstance work will still be fruitful, as the projects that received Readiness assistance will still be completed. ODOT is particularly interested in assisting projects that will have multi - modal benefits. It is hoped that this assistance will improve system wide access by emphasizing added pedestrian /bicycle features, energy conservation, sustainability improvements, and opportunities for modal connections or access improvements. Readiness elements. ODOT will provide funds for project activities that can include, but are not limited to, scoping, pre- engineering and final design, site work, environmental assessment and approvals, permitting, preparation of 2010 ODOT Multi Modal Readiness Initiative Page 1 bids and contracts, jurisdiction agreements, or other pre- construction readiness in order to be ready for construction funding. Eligible projects are: • Non- highway capital projects currently eligible to receive federal transportation funds for modal transportation programs. • Projects that can be made ready to begin construction contracting by January 2011. a • Selection. ODOT is announcing this Readiness assistance to local governments and transit providers. Staff is also e xamining recent project submissions for potential eligible projects. Until new stimulus funds are assured, the�highest priority for Readiness assistance will be for projects that have construction funding already committed when Readiness is complete`Second highest will =,be projects that are most likely to have construction funds available to complete their projects. A Joint multimodal committeeof Transportaco Enhancement (TE) program staff, 2 TE committee representatives, Public Transit Division staff and 2 Public Transportation Advisory C mmitt (PTAC representatives will meet March 26 to review and prioritize the projects The OTC is scheduled to take final action at theirApril;2010 meeting. Priority for Project Readiness Funding: ODOT staff and representatives of the TE and PTAC advisory committeesll use the following factors to select projects to be onsidered� for Readiness assistance. A Readiness proposal will be selected baseddon 1. Potential for completion funding. The project's ability to have funding available for construction or completion within 5 years. 2. Readiness. Effort and time needed for project scoping, programming, consultant selection and other readiness work needed before authorizing and expending STP=Afunds. 3. Status of real property involved in the project. Extent of acquisition, easements or jurisdictional agreements necessary to complete, maintain and or secure the property for the project. 4. Complexity. The variety and complexity of project design and other readiness work that must be accomplished within the established timeframes. 5. Leverage of modes. Project's potential to improve a multimodal transportation system (by serving more than one mode or making connections between modes). 2010 ODOT Multi Modal Readiness Initiative Page 2 6. Project Outcomes. The project's potential to create jobs, meet transportation goals, solve transportation problems, and support existing ODOT programs and partnerships. The factors will be evaluated based on the information in applications, supporting material and discussion with applicants. Because of the limited time to collect information there will be a heavy dependence on the modal staff and reviewers experience and expertise to assess the factors. Each factor will have a value assigned. Project Timeline: March 15 Staff announces initiative March 22 Deadline for submitting candidate projects March 22 to 26 Staff identifiesanddscreen potential projects. March 26 Joint MultimodaCommittee review l� -and prioritize April 20 -21 (Florence) OTC presentation grid approval Selection Process: • Transportation Enhancemenyt. (TE) an Publicgransit Advisory (PTAC) Committees willprovide inputto prioritization factors and process • ODOT Staffwill identify potentialp 'Applications must be submitted bytMarch 22 • Repre enttatives of thisaJoirit Multirno l Committee (PTD staff, TE staff, 2members PTAC 2 members TE).willi meet to create a prioritized. Vec ommendati®n,listA Ny • OTinakes funding \decisionat April 2010 meeting. To apply for'Readiness assistance. Return the Readiness "Notice of In tent" form by:March 2 to: Transit /TDM4irojects: Dinah .vanderhyde@odot.state.or.us ...questions....503 986.3885 Bicycle /Pedestrian /Other: Patricia. r. Fisher(odot.state.or.us ... questions...503.986.3528 Contact ODOT staff immediately with any questions. 2010 ODOT Multi Modal Readiness Initiative Page 3 NOTICE OF INTENT Non- Highway (Transit, Bike, Ped, Other) Project Readiness Funds — March 2010 FAX this completed Notice to: Bicycle /Pedestrian projects (503) 986 -3290 or email PDF copy to: patricia.r.fisher a(�,odot.state.or.us Transit/TDM, projects (503.986.4189) or email PDF copy to: Dinah .vanderhyde @odot.state.or.us INSTRUCTIONS: 1. Enter PROJECT INFORMATION in the boxes below. Keep all entries on one page. 2. Complete the NARRATIVE page to briefly explain the project scope, readiness and benefits according to the priority factors identified in the application announcement. You may expand or reduce the boxes for each section but do not exceed one page overall. 3. Attach a vicinity map and SITE MAP or other appropriate graphics -1 or 2 pages. APPLICANT Agency City of Tigard Contact Steve Martin Address 13125 SW Hall Blvd Title Parks and Facilities Manager Tigard, OR 97223 Telephone 503- 718 -2583 Email steve@tigard - or.us CO- APPLICANT (if any) Name Contact Address Title Telephone Email PROJECT (name, location, and one -line description) Brown Property Fanno Creek Trail Segment COST SUMMARY RIGHT -OF -WAY NEEDS 1 —Total Project Cost Need to acquire property or easements? including construction $480,000 [ ] yes [ x ] no [ ] don't know yet 2 —PE /Readiness Cost $85,000 included above 3 —Local Match or $395 000 (includes Need permits or agreements from other agencies? Non - Eligible Costs $39 000 in Metro cash) [x ] yes [ ] no [ ] don't know yet 4 —Funds Requested $85,000 ( #2 minus #3) COORDINATION ISSUES (mark all that apply) [ x ] Project located in MPO jurisdiction [ ] Project on railroad property (metropolitan area with population >50,000) [ ] Project at or near a railroad crossing [ ] Project within state highway right -of -way [x ] Contribution from other than applicant [ x ] Use of land owned by another agency [ ] Maintenance by other than applicant 4-13-10 ATTACH 5 ODOT Readiness Initiative, Notice of Intent March 2010 ATTACHMENT 5 NOTICE OF INTENT Non - Highway (Transit, Bike, Ped, Other) Project Readiness Funds — March 2010 FAX this completed Notice to: Bicycle /Pedestrian projects (503) 986 -3290 or email PDF copy to: patricia .r.fisher(odot.state.or.us Transit/TDM projects (503.986.4189) or email PDF copy to: Dinah .vanderhyde @odot.state.or.us INSTRUCTIONS: 1. Enter PROJECT INFORMATION in the boxes below. Keep all entries on one page. 2. Complete the NARRATIVE page to briefly explain the project scope, readiness and benefits according to the priority factors identified in the application announcement. You may expand or reduce the boxes for each section but do not exceed one page overall. 3. Attach a vicinity map and SITE MAP or other appropriate graphics -1 or 2 pages. APPLICANT Agency City of Tigard Contact Steve Martin Address 13125 SW Hall Blvd Title Parks and Facilities Manager Tigard, OR 97223 Telephone 503- 718 -2583 Email steve(atigard -or.us CO- APPLICANT (if any) Name Contact Address Title Telephone Email PROJECT (name, location, and one -line description) Brown Property Fanno Creek Trail Segment COST SUMMARY RIGHT -OF -WAY NEEDS 1 —Total Project Cost Need to acquire property or easements? including construction $480,000 [ ] yes [ x ] no [ ] don't know yet 2 —PE /Readiness Cost $85,000 included above 3 —Local Match or $395,000 (includes Need permits or agreements from other agencies? Non - Eligible Costs $127, 000 in Metro cash) [x ] yes [ ] no [ ] don t know yet 4 —Funds Requested $85,000 ( #2 minus #3) COORDINATION ISSUES (mark all that apply) [ x ] Project located in MPO jurisdiction [ ] Project on railroad property (metropolitan area with population >50,000) [ ] Project at or near a railroad crossing [ ] Project within state highway right -of -way [x ] Contribution from other than applicant [ x ] Use of land owned by another agency [ ] Maintenance by other than applicant STP- Readiness -NOI mm edits March 2010 STP Readiness 2010 — Narrative Project Description and Need: Design for future construction of a ped bridge over Fanno Creek and 2,000 -foot of 10 -foot wide trail. The project closes a major gap in the Fanno Creek Trail, which serves the west side of the Portland metropolitan area. It would cross property purchased with Metro Greenspaces Bond Measure funds for the purpose of building a trail. It will connect the existing Fanno Creek trail to Bonita Park, built as a Community Development Block Grant project serving a low- income, ethnically diverse neighborhood. This segment would connect southeastern Tigard, the 72n Ave employers, and western Lake Oswego with Downtown Tigard, the commuter and future light rail station, library, parks, markets, and interconnect. with trails extending several miles north through Beaverton. Tigard, Metro, and other cities have been working on the Fanno Creek Trail for years. It will be a 16 -mile connection from. Southwest Portland, through. Beaverton, the Washington Square Regional Center, the heart of Tigard and across the ODOT- funded Ki -a -Kuts bridge over the Tualatin River into, the center of Tualatin, with connections to Durham and Lake Oswego. Approximately 65% of the Tigard portion has been constructed so far. This project would leverage the value of the trail sections it connects to on both ends and help people get to the nearby Tigard transit station and thus enhance the value of the $166 million:invested in WES Commuter Rail. This project is part of a broader strategy to promote healthier lifestyles and more sustainable community by encouraging walking and cycling as alternatives to travel in cars. This project is especially important because the alternate route is along a road so busy that most people will not walk it. Completion of the Fanno Creek Trail will help meet the demands for a continuous north -south bike /ped route and improved bike /ped transit station access. Potential for Completion: Completion of the trail is a top City parks and transportation priority. A corresponding Metro Council goal is to "complete a continuous greenway trail from the Tualatin River to a highly urbanized 'walker- challenged' area of Portland." Metro saw this need, bought the property necessary, and will provide $127,000 in local share bond measure funds to help build this project. City Parks System Development Charge and the City General Fund are available. No fatal flaws to implementation of the project have been identified. Readiness: City Public Works and planning staff will devote the effort and time to scope and program the project, select consultants, and complete the permit process. Altogether, some $15,000 in staff time will be devoted to achieving project readiness. Status of Real Property: The trail crosses a 13 -acre property purchased in 2000 using voter- approved Greenspaces bond measure funds. The property, which includes some 1,000 feet of creek frontage, soon will be officially transferred to City of Tigard management. The Metro Council- approved management plan for the property includes the trail segment. Complexity: A major infrastructure element will be a pedestrian bridge, which will be quite feasible; location and span would be determined in this design work. The trail crosses mostly level ground, and does not involve undue complexity. Several bridge and trail design options exist to avoid wetlands and vegetated corridors along Fanno Creek. The City has successfully completed several recent trail construction projects within similar areas. Leverage of Modes: The completed trail would provide access to the Tigard transit center, which is served by six bus lines and WES commuter rail, leveraging the $166 million invested in WES Commuter Rail construction. The proposed segment would provide a new pedestrian /bicycle link to the City Library, downtown business district and transit center, and 72 Ave industrial area. It also would leverage Metro's investment to purchase this property. Outcome Value: Completion of the Fanno Creek Trail is a top priority of the City of Tigard and Metro, is supported by others, and is a Bicycle Transportation Alliance Top Ten Project. The segment helps fulfill a Metro objective to cooperate with Tigard to build the Fanno Creek Trail. This segment provides a new transportation link to the City Library,, downtown business district and transit center, and 72 Ave industrial area. The segment itself will provide a mix of views of the stream and the enjoyment of the park -like setting in a stand of fir trees. It will encourage more trips by walking and cycling, thus reducing traffic congestion and improving air quality, which are both ODOT and City goals. In addition to travel opportunities within the Tigard community, construction of the trail will create approximately seven jobs and provide ways disadvantaged people can walk to jobs and transit. 4 -13 -10 ATTACH 5 ODOT Readiness Initiative, Notice of Intent March 2010 • Agenda Item # L1• .Z Meeting Date April 13, 2010 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide: Approve Change Order 2 for H odview D • e Sewer Reimbursement District No. 45 Prepared By: Ted Kyle Dept Head Approval: City Mgr Approval: g FA/ ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board authorize the City Engineer to execute the change order for construction of the Hoodview Drive Sewer Reimbursement District No. 45? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board authorize the City Engineer to execute change order 2 to Canby Excavating, Inc. in the amount of $92,547.29. KEY FACTS AND INFORMATION SUMMARY • On August 11, 2009, Council approved the formation of Hoodview Drive Sewer Reimbursement District No. 45. • The project result in approximately 1,800 lineal feet of 8 -inch sanitary sewer main and 600 lineal feet of service laterals to provide sewer service to 25 lots on Hoodview Drive and Kable St. • On June 30, 2009 the cost estimate were sent to all property owners with construction costs estimate of $570,840.00. • • The contract was awarded to Canby Excavating, Inc. in the amount of $298,490.00. • On December 14, 2009. staff approved change order 1 in the amount of $4,340.58. • • . In addition to change order 1, staff has approved an increase in the quantities for unit price pay items for unexpected rock excavation in the amount of $34,100.50. • Field changes were required to meet the property owners request to serve their property on the uphill side, which caused deepening the sanitary sewer main line to accommodate lower building levels on several structures. The total change order amount is $92,547.29. • Staff has reviewed Canby Excavation change order and has determined that the additional charges for the construction items are appropriate and complete. • The total amount for construction the project is therefore $429,478.37, which is 75% of the estimate sent to property owners. OTHER ALTERNATIVES 'CONSIDERED The LCRB could choose root to award the change order to Canby Excavating and could provide staff with direction on how to proceed with the Hoodview Drive Sewer Reimbursement District construction. • • • • CITY COUNCIL GOALS 1. Implement the Comprehensive Plan - by providing. the area currently on septic systems with sewer service as required by the Plan. ATTACHMENT' LIST • '1., Change Order 2 FISCAL NOTES The Sanitary Sewer Extension projects are funded in the amount of $1,300,000 in the FY 2009 -10 Capital Improvement Program. Appropriated funds are sufficient to meet the original contract award of $298,490.00 and to provide contingencies in the amount of $4,340.58 for change order 1, $34,100.50 for rock excavation and $92,547.29 for change order 2. The total project costs $429,478.37 which is 75% of the engineer's estimate originally shared with the property owners . • is \eng\2009 -2010 fy cip \hoodview san sew dist 45 - file # 0635 - ifas 93045 \councih4.13. 10 hoodview san sewer change order ais.dons • • • • . .i b CITY OF T'IGARD X 61; ® CHANGE ORDER`NO. 2 10,GA Project /: Contract No. CIP 2009 -00029 Contractor Name & Address: Work Location: Hoodview Dr Sanitary Sewer Canby Excavating Inc. Contractor is hereby authorized by the City of Tigard to perform the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply to all additional work. Description of the Work (include specification if non standard items): Lower the sanitary sewer at 2 locations: —1 section on Kable St. from Manhole 2 to Manhole 3; and 1 section on Hoodview Dr. from Manhole 5 to Manhole 7. Extend the contract time 41 days for this change & for paving weather. Description of AdditionalWork Unit Quantity Unit $ Total $ Total cost to lower sanitary sewer Lump Sum 1 92,547.29 Change order 1 $4,340.58 Unit Price. Adjustment for Rock Excavation $34,100.50 Total Change Order 2 $92,547.29 Previous Contract Amount $336,931.08 New Contract Amount $429,478.37 • CITY OF TIGARD CONTRACTOR Signature: Signature: Name: Reem Khaki, Project Engineer Date Name: Approved: Title: Name: Ted Kyle, City Engineer Date Date: Agenda Item # S Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Arbor Day: Receive Tree City USA Growth Award and Present Tree Stewardship Awards , / � G Prepared By: Marissa Daniels /Todd Prager Dept Head Approval: City Mgr r�pprovala/ �/( ISSUE BEFORE THE COUNCIL Receive Tree City USA Awards from an Oregon Department of Forestry Representative and present Tree Stewardship Award to Carla Staedter. STAFF RECOMMENDATION N/A • KEY FACTS AND INFORMATION SUMMARY J. Sterling Morton first proposed a tree planting holiday, Arbor Day, which was celebrated on April 10, 1872, in Nebraska. Today, many communities across the nation celebrate trees on Arbor Day. The State of Oregon declares an entire week as Arbor Week, instead of a single day. Here in Tigard, there are many ways for residents and business owners to get involved and help the City celebrate Arbor Day. Events are planned all month long. Highlights include: • Tree Care Workshop - Introduction to Ornamental Tree Pruning Wednesday, April 7 at 1:30, Library Community Room Arborist Phil Hickey, with over 15 years of experience, will cover the basics of pruning ornamental trees, the different types of pruning techniques, how to make a proper pruning cut, and knowing how to prune select branches for good canopy structure and form. o SOLV - IT EVENT: Maly Woodward Elementary Ivy Pull (12325 SW Katherine Street, Tigard) Saturday, April 17, 2010, 9 a.m. to 1 p.m. (Meet in the parking lot at the school) Help us pull English Ivy from a new stream restoration site. For more information contact Carla Staedter at 503 -718 -2788 or carla@tigard-or.gov. • OMSI presents Forest Wonders at the Tigard Public Library Tuesday, April 27, 6:00 and 7:30 p.m. (2 performances) Library Community Room Free! The program is open to children grades K -5. Registration is required and limited to 30 students per class. Contact Marissa Daniels at 503- 718 -2428 or marissa @tigard- or.gov to secure your spot. A list of additional activities and ways to celebrate Arbor Day are available at www.tigard- or.gov /trees. Mayor Dirksen will celebrate Arbor Day on April 8, 2010, planting trees with the second grade class at Mary Woodward Elementary School. The students are preparing a special presentation to share with the Mayor during the celebration. All Council members, the Tree Board, and School Board members are invited to attend. Brian Wegener of Oregon Community Trees (and Tualatin Riverkeepers) will present the 2009 Tree City USA Award and Tree City USA Growth Award at the. City Council meeting this year instead of during the Arbor Day Celebration. Tigard is the recipient of its'ninth consecutive Tree City USA Award and its second Tree City USA Growth Award. These forms of national recognition honor Tigard's commitment to urban forestry. The Tree City USA program is sponsored by the Arbor Day Foundation in cooperation with the National Association of State Foresters and the USDA Forest Service. This year, the City planted 13,732 trees in the City's parks, schools, and along streams and streets. To celebrate Arbor Day and earning the Growth Award, the City and the Tigard- Tualatin School District (TTSD) will join forces to plant 100 trees on the Mary Woodward Elementary School campus (Attachment 2). Mary Woodward Elementary is an especially perfect place for the expanded planting efforts, as "Known to most Tigard residents as the 'Arbor Day Lady,' Mary A. Woodward spent the major part of the 25 years she lived in Tigard promoting conservation and the beautification of the community," said Susan Stark Haydon, Tigard - Tualatin School District. "Each year at Templeton Elementary School, Mrs. Woodward collected a penny apiece from every first grade student and then put the money toward the purchase of a tree which was planted on the school grounds in the spring. She was also instrumental in obtaining landscape materials for City parks - -- including 1,000 fir trees planted at Cook Park." To further celebrate urban forestry accomplishments in Tigard during 2009, the following partnership has been selected for a Tigard Tree Stewardship Award: ➢ City of Tigard /Carla Staedter: Carla was instrumental in the creation of the Cascade Education Corps Adopt -A- Stream site on Dairy Dell near Fowler Middle School. This site functions not only as an ongoing stewardship site for the students but also as an outdoor classroom. Carla works hard to create a "volunteer experience" for everyone who volunteers on one of her many projects. This means addressing the human needs of the volunteers while instilling a sense of ownership in their communities through service. Carla has been a great mentor to the Cascade Education Corps students. She relates extremely well to the students and has made it a point to remember and acknowledge returning student volunteers. Carla's ability to build partnerships, for example with Cascade Education Corps, Clean Water Services, SOLD, Friends of Trees, etc., is recognized as exceptional. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Arbor Day PowerPoint Presentation Attachment 2: Mary Woodward Elementary Planting Plan Attachment 3: Tree Stewardship Nomination Form for Carla Staedter FISCAL NOTES N/A I: \L,RYI,N \Arbor Day 2010 \AIS Council Mccting.doc • i z ,b 2. PLANT MATERIALS LISTING: _ I j u 1.. 12470 125TH CT. TDRUKE WMTER E 1339D ' II39fiU SOB TREES STY. SIZE COND ITION' COMMON NAME NAME REMARKS 0 0 BOTANICAL 12372 12354 12318 ,x<, a ' T DR U JM \ – R WIUT DR R . OR KE • O aw ro�Naw:Lr Cal�.nru+dnvA' z cN aba a c,,_ Z ,aH Cr 1.1.... `^I � '+" f `_�. � - 140 ��. - mkt - � � �. c a a o�.�" s ma w...� b e ye �o w� _ r R n P. W 1 ,s.N9.M x- W.=,.mR.dD.d.∎ ,pw,,. w R ��, .w wir four •�• �� 8 W R �I c�M,r Dom., er . ®: h W.,,� R. ��9w, W. D., d.'.,.r,, V I ._ K�P as �, ®�� 125TH s RUSTING VEGETATIVE EDGE ® 70. ca 1 �,,... s.,,,,a.:r = aG a,a all ar �S F¢' sao , A..va Pa. W vm nTHGT 2 .� .'► P�e„ as e. q TROT A.,E,R, y ,1732 ,1732 sEm., a rR!= O ae�, n.p crr<.,e�w. 1z 0 Cat 79.. REGO `V €6 11/ -- �/ � /� ,�� sore9o. o.b 411114 c w O �O lit AR C' s �4_ , a.a 30.. 1,eoi \ \ Portable grAllt'\ . l � Crabapple a 9 „9". o.x n,5.,,, LT. . ...... /,• j C lassroom/ .411 _ �� / S . R p o� ae.w.w. T 6-7 eba way O �/ / M\ / E `e = 12511 CT. C PLAYGROUND AREA &) j///' t ill 410 ''7 ` c.r vom ,!— v � r ,0 rr+i 000 23. 1 /,' /74',..; g �� @ � � ♦ ', OC .= ❑ , �'% Paved Play A / �� C, exaTM TREEaTDREMAMUNLESS D CA ERW�ENDTED z 5 V 4. — aRa,.,.dA,, \ .� �. ;, y. ';''''');7'./ j � / .j j ' ►J 410 � w z o V Pa Lot lip i IR � oP N o% 9 M i. cc W 0.0. Ce.r Ali _ �m / 44P XL, . e� 3 ! 2-.9.90.0 a 3-s...., v... z.n , . - MARY WOOOWARD I1 / cl n 5, �. I WYE", / ELEMENTARY SCHOOL O O O O 4 = 10,0 ///. T o T 4 10 [Mo I >- Nor . .. . � %.' � � ce Ilk 'NIP 125TH 0 34.40 • : REVISIONS I. � O .M..N / O ,�/ — �YV 0 V — �• — -- lie I 0 r t. aRN SCALE: 1" = 40' -0" L 1 �. — 0 20 40 a 0 SO 00 3 3/29/2010 ATTACHMENT ii & Help Us Celebrate! Here in Tigard there are many ways to help celebrate Arbor 1 Day! A complete list of events is available at wwcutigard- ocgov /trees or in the April edition of Cityscape Newsletter. • Mee Workshop - introduction m OmmW Mee Proms. _ u,dc�, Apd ] at kte bb�u�➢Cmunuuty Room Arboc..Nd Hek.R tl�oe.15ywre ofe�yenence,.JI cover de hum F pm,sg ,munrnW— $ ,f r e—, rype. Ep e Jneque ;Mv w nuke (temper pavane me dk ne bow m mene .. O nrh. 6. •mod a u.d • SOLV.rr EVENT: May Waned Elementary Ivy Pan (12125 SW Kuthenne Saw. Tqud( ` PLEASE JOIN The CITA or TIGARD IN CFl EBIS.,TING Smudag 1], 201U, 9 era to 1 pm. (Mat r the padvgbt at he.ch.:� �•�E.�t�, A R T1 �L ( \ /� /�R DAY V Hdp pub l eteh 1 Emm (true strcan� rcnorenon xa P"'''''' ' °" mnun C"° Srssdw n -z— l 11 \ D �/ 1 \ J__/ / 1 1. w1 -z. nre.de tio..d.or.gmv. • OM Pt••ontr Fa.m Wmdm u We " I�¢ud Wbtie Lhvy Tuetdq, Apd 2t, 6:l uN ]:JO p.m. (2 � uee ama [ibnrp t � ty Rmum i Fml ao p.apun �. anam R des. -,= =. -, m ri •ndemn perdee.. eo„ Man ...nie.t 5oi�ls "u2e ar >,�v .n .ana yoa..po� Tree City USA Growth Award 40:44. • We met the four • Tigard is the recipient of a I Tree City USA growth award requirements to become for expanded urban forestry �r ��-- a Tree City USA the efforts including: If 1 9th consecutive Master Plan et Urban Forestry S F .. h — Received external funding to complete an urban forestry • We planted over 13,000 �. t survey trees last year i n t p V' N — Created or p public property Arks, system fr,rpubfic ProP�Y ,is City's pros, schools, and — Incorporated tree preservation into all City projects along streams and streets. i .I ,_ Z . _ __ — Hosted a tree care workshop Arbor Day Celebration Celebration Planting 4// .. • "Known to most Tigard • To celebrate Arbor Day and '4 - ' residents as the 'Arbor Da y _ ' earning the Growth Award, 4 "4"'''' ` Lady,' Mary A. Woodward '' s+.e. the City and the Tigard- spent the major part of 25 Tualatin School Distract p i p 1 _ N ? , (ITSD) joined forces to plant years she lived in Tigard over 100 trees on the Mary promoting conservation and "' Woodward Elementary t. 1. -4 the beautification of the School campus. a community," said Susan Stark Haydon, Tigard-Tualatin 1 • Mayor Diisen and students �. s . sT School t planted the last six trees . t': e` ...1P. • Thank you to the Mary dur np the Arbor Day Woodward 2"d grade class! Celebration 1 3/29/2010 Tree Stewardship City of Tigard /Cascade N Education Corps 4 41, To further celebrate urban forestry -_ ,.1 "I nominate Carla accomplishments in Tigard during based upon her 2009, we would like to recognize the � habi tan and nad na u turl al a hard work of Carla Staedter. r r, habitat area restoration f ; throughout the City I of Tigard." - - - - - G6weau Havmg, Cucade Edundon Goipa 2 ATTACHMENT 3 • 2010 Tigard Tree Stewardship Awards . .„ -!,,,lominationforlity . ..„,„.-,-,•.,, ,7_ k_' ": .„. ,-, ., 'n ''_. : .x' '1:1 ; )• , Name of Person, Organization, Business, or Program being nominated: 40-1— I do I 4.11 tile CA ;I/ 4111k i r i Project Coordinator or Contact: Address: ----, •"'''' r 'I?: V t '>, 3 '' U Phone: 50.-3 - / - 27; • Email: 0,0J-4, ‘6 C i Website: Name of Nominator: -it Ai 9 I ) (2 e71 >. 0" Address: .7g"692, fe.r. j).4.441„,4/4-4-4" p-J, 17 , , 5 C17 .:1 Phone: i Email: e/ il 4 1 ,7 re4,01 l e': ri- 07'. G44— Please provide a description . ;AWL 41 4,64 : ',4 - —.4.4.4 . .._ -.4. / -.......,..-...:,Aca I of the contributions, 4' accomplishments, and impacts of l'1 4e...60.4.-- de,4_,,e51/4144- 210 the Project/Program/Person being .....i .'" I i nominated. Additional pages, . ' .- ' ,.'' t? .4'.....' f.......1 _ 2 ..! . - .0 4 ,..:-. ._44,c,t..... photos, and supporting material are especially encouraged. igha....44,.... ..--.4f. _...:-.. .., 4fr.... 44c.... :A._ 'Vt#LA-e4e4 /at) 4 - - 1 2P - ---/— 4V1 .4, , . 4 -- AI". ..." - / A" O ; ..# Ard.,,r_ii0"' // ._ A: At' — It i _...,,......... _•"* -- - , Z. ., r .4 / ..r., ,-.../ ..-......., i ..) All nominations must be City of Tigard, Community Development received by 5p.m. on Todd Prager, Assoc. Planner/Arborist Friday, February 19, 2010: 13125 SW Hall Boulevard Nomination forms may be submitted Tigard, OR 97223 in person at City Hall, or sent to the following mail or email addresses: todd@tigard-or.gov eit-- ( w - 1/2;b1/4) b---(.3 --(2/16t2--e-1-4*-64-7,--ex- "74-1(---e._ A 1 t - 11/tAia 14.41-44(-- 114,6"--C."--- per34 ri6A1,4e_ ri , , li t,A,44,-,--AAA740-1/f4-6A-3 __,C4.4A-790. 1 A , / 1.et„, bi--12-- 0,--"C'''"Rp- .ec -77 IF' Agenda Item # Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Update on Proposed TriMet Service Cuts Prepared B : Judith Gray Dept Head Approval: Ci 1 A royal: /1141 v v v P Y J Y P PP � t3' PP • ISSUE BEFORE THE COUNCIL In response to significant budget shortfalls, TriMet is proposing service cuts throughout the region, including some routes in Tigard. A TriMet representative will be here to provide an update and answer questions. STAFF RECOMMENDATION This update is intended for informational purposes; however, Council may choose to make a formal statement or request to TriMet during the public comment period, which ends April 23, 2010. KEY FACTS AND INFORMATION SUMMARY Because of the recession, TriMet's 2009 — 2010 payroll tax receipts are estimated to be down $15 million, and passenger revenues have declined $8 million. Furthermore, it is forecasted that TriMet will have a $27 million budget shortfall in fiscal year 2010 -11. 'Consequently, the whole Portland Metropolitan region will experience transit service cuts. Both low- and high- demand routes will be affected. Overall, it is anticipated 69 bus routes throughout the TriMet service area will be affected. Service reductions affecting Tigard will , occur on bus routes 12, 43, 44, 45, 56, 62, 92, and 94. No bus routes in Tigard have been entirely discontinued, and no weekend bus service has been eliminated. Also, there are no bus lines in Tigard whose schedules will be adjusted by more than 10 minutes. The following bus routes in Tigard will have frequency changes: • Route 12 weekly frequencies will be reduced by 2 to 3 minutes during non -rush -hour traffic and by 2 to 10 minutes in the evenings; • Routes 43, 44, and 62 weekday frequencies will be reduced 2 — 10 minutes throughout various times during the service day; • Routes 12 and 56 weekday frequencies will be reduced up to six minutes; • Routes 92 and 94 will have select weekday trips eliminated; • Route 45, which is a low ridership line, will have its first and last trips eliminated; and • The low ridership portion of Route 43 will be eliminated. In addition to bus service changes, TriMet is proposing reduced frequency on MAX (from 15 — 17 minutes). TriMet is also considering reduced frequency on WES (30 minutes to 45 minutes) and a possible fare increase of 5 cents. I: \LRPL\ \Council Vaterials \2010 \3 -13-10 r\IS Update on Proposed Tri\let Service Cuts.doc 1 OTHER ALTERNATIVES CONSIDERED N/A • CITY COUNCIL GOALS The proposed cuts are contrary to Council's Long -Term Goal "Continue pursuing opportunities to reduce traffic congestion" because they reduce the overall availability of transit. ATTACHMENT LIST N/A FISCAL NOTES N/A • I: \LRPI N \Council Materials \2010 \4 -13 -10 AIS update on Proposed TriMet Service Cuts.doc 2 • • 1 •0' COMMUNITY . .. - . n _ NEWSPAPER5 . .. 'PUBLIC HEARING ITEM 6605 SE Lake Road, Portland, OR 97222 , . • 7222 • , The following will be . considered' by the PO Box 22109 Portland 01197269-2109 ' .1 Tigard City Council at a on ;' -0 Tuesday,April 13, 201'0 at 7,: PM` at, the,' Phone: 503 - 684 -0360 Fax 503- 620 -3433 ? Tigard Civic Center ;Town. Hall .13125 SW E-mail: legals ®commnewspapers.com 1 Hall B lvd.;, Tigard; Oregon : , .., ` • TL R ;GAD `Public oral or written testimony is 'invited; v • - -- —/` F IDAVIT OF PUBLICATION ' Th publtc,hea ont °matter will beh State of Oregon, County of Washington, SS under Title 18 and rules of; procedure adopted by the C ouncil, I, Charlotte Allsop, being the first duly sworn, and, available at City Hall. or the. rules of procedure set forth in Section 18:390:06011, The Plannin Commission'.s review islor p say that I am the Accounting ' the purp making a recommendation tothe City Council on , ` depose and sa .., Manager of The Times (serving Tigard, the request =. The Council will then hold a'public hearing on the Tualatin & Sherwood), a newspaper of requestp'rior to making a decision... , • general circulation, published at Beaverton, in the aforesaid count and state, as defined Further information may be obtained from the City of Tigard y by ORS 193.010 and 193.020, that Planning,' Division„ (Staff 'contact: Cheryl Caines) at 13125: 'SW ;Hall- Blvd ,Tigard, Oregon '97223 Or by calling 503. =639 - City of Tigard 4:171. DEVELOPMENT ;'COLKAMENDMENT:(DCA) ; Public Hearing /DCA2010 -00001 , `2010 -00001 LAND°.USEAPP.ROVAL EXTENSIONS TT11423 XEQUEST:1 Thee Community Development. Director requests .a development code.. amendment' to amend tiier text of the Site A copy of which is hereto annexed, was Development Review (18 360) Land Partitions (18.424: published in the entire issue of said ' and Subdivision. "(1 Chapters of the Tigard`Commumt'y: newspaper for Development Code (TDC)" extending land use decisions with approval; periods lapsing, Between _July 1 2008 and December; 1 :31, 2011:.. The approval period will...be _extended _.through: . week in the following issue: ;December - 3 - 1..; ,2012' .In: addition; a new „chapter` is proposed March 25, 2010 ' (List of Term 1'8.115)_ that lists: alb defined terms within .the REHENSIVE PLAN J . LOCATION Citywide COMP. -, DESIGNATION Not a :' ppli cable ZONE .Not applicable. ] �, J,, APPLICABLE, : -RE VIEW, :.CRITE1 IA - - Community C/ IN Cl 380 1.8.390 18 420 --I Development Code Chapters 18:360, 18. Charlotte Allsop (Accounting Man ger) ,and 18 430; Comprehensive Plan.Goals 1, Public Involvement, - Goal 2 Land • Use °Plannn'g, Goal_ 9; ,Economic:Development; Subscribed and sworn to before me this _Goal 10 Housing and Statewide Planning Goals: 1, 2, 9,and 10: March 25, 2010. i The proposed amenents are available for review on theCity.'s ` ` 'W lish 03'/ site at h 25/20ttp l /w or gov /city `hall/departments /cd/1 a code ub amendment: 0 asp - TT1';1423 • r : ` Gw MY COMMISSION EXPIRES MAY fti, 26'3 • NOTARY PUBLIC FOR ORE' GA My commission expires Acct #10093001 Attn: Patty Lunsford City of Tigard 13125'SW Hall Blvd Tigard, OR 97223 Size: 2 x 5.75 Amount Due:. $96.03* 'Please remit to address above. • AGENDA ITEM No. 7 Date: April 13, 2010 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2O1O-00001) 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 ofpersons 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 There is a Five - minute Time Limit on Testimony I /Adm /Cathy /CCSignup /Leg. PH /DCA2010 -00001 AGENDA ITEM No. 7 April 13, 2010 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. Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. �o ONJ Li 240`14 (OVtt- thASN IAJCSVF 1.1u)J1 F OR Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 236,00 51,4,L.A.w. otsr-- 9 168 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ( (►M Lawn. (2T Lome 0 S0'e3 94€ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 7 _ Legislative Hearing Statement by City Attorney Any person may offer relevant oral and/or written testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. City staff will identify applicable standards in the staff report at the beginning of the hearing. Members of the City Council will be asked whether they have any potential conflicts. A Council member with a potential conflict may participate after fully describing the potential conflict. An actual conflict exists if the decision would result in financial benefit to the Council member or family member. In cases of actual conflict, the Council member will not participate. After the discussion of conflicts, any person may challenge participation of a Council member based on an actual conflict or failure to disclose a potential conflict. The Council member in question may respond to such a challenge. After the discussion of conflicts and any challenges, City staff will summarize the written staff report and explain the proposed amendments. Then those in favor of the proposed amendments testify. Then those who oppose the amendments or who have questions or concerns testify. Council members may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, the City staff can make a closing statement. After the record is closed, the City Council will deliberate. During deliberations, the City Council may re -open the public portion of the hearing if necessary to receive additional evidence before making a decision. A copy of the rules of procedure for the hearing and copies of agendas for today's hearing are 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 at City Hall. You must 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. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes raising the issue on appeal. 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. Demonstrations from the audience that prolong or interfere with the hearing are prohibited. Please refrain from them. Comments from the audience other than from a recognized speaker should not be offered and will not be part of the record. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, please spell 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. These exhibits will be marked 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 \Legislative Information \City Attorney Legislative Script (2).doc 50014 -36799 City Attorney Legislative Script (2)IMSOffice/2 /22/2010 • r • Agenda Item # 7 Meeting Date April 13, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title- Development Code Amendment to Extend Land Use A. royals C/ Prepared By: Cheryl Caines Dept Head Approval: .AK ity Mgr Approval: 4A4 ISSUE BEFORE THE COUNCIL Shall City Council approve an amendment to the Tigard Community Development Code (TDC) automatically extending land use approvals lapsing between July 1, 2008 and December 31, 2011until December 31, 2012 and creating a new code chapter (18.115) that will list all defined terms found in the TDC? The extension portion of the amendment only applies to chapters 18.360 — Site Development Review, 18.420 — Land Partitions, and 18.430 - Subdivisions. STAFF RECOMMENDATION Staff is forwarding the Planning Commission's recommendation to approve the requested Development Code Amendment. KEY FACTS AND INFORMATION SUMMARY • There are two main components to the proposed amendment. One is to extend land use approvals. This amendment. was initiated by the City due to the economic downturn and requests from applicants whose approvals were expiring and interested parties, such as the Home Builders Association (HBA). ♦ The second component is to create a new chapter (18.115) that lists all defined terms found in the TDC, which will help users find defined terms that are currently spread throughout the code. • The proposed amendment to extend land uses only affects Type II Site Development Reviews, Subdivisions, and Minor Land Partitions. • Currently approvals lapse 18 months after the effective date unless the development is under construction or a plat has been recorded. A one (1) year extension period to the original 18 month approval can be requested. ♦ When the staff report was written, there were approximately 42 cases which would be extended under the amendment. Of those, 14 have already expired. An additional 14 will expire in 2010. The remaining 14 will expire in 2011. An updated list of cases with approvals lapsing within the affected time period has been provided showing the case number /name, location, expiration date, and indication of whether the applicant requested and received an extension to the original approval period (Attachment 4). • Many other jurisdictions in Oregon (Portland, Tualatin, Newberg, Bend, Redmond, and Albany) have approved similar code amendments extending approvals in light of the poor economic conditions. • On March 1, 2010 Planning Commission held a public hearing to discuss the amendment. No one testified in favor or against the amendment. ♦ Planning Commissioners asked questions regarding code changes since the decisions were originally approved and whether further extensions could be granted if conditions did not improve. A motion to recommend approval of the amendment as presented passed 9 -0. • The amendment may facilitate the construction of previously approved commercial and residential development • by, allowing construction to begin as soon as the economy improves. ♦ If the cases lapse, applicants may choose not to develop because seeking new approvals will mean additional fees and time to go back through the land use process. In addition, new code standards that require significant changes to the original plan, may make, the development too costly. ♦ Other communities in the Metro region have adopted similar extensions for land use approval meaning development could begin as the economy improves. No extensions could put Tigard at a competitive disadvantage. One concern with extending older approvals is that development could occur under outdated standards if the code is modified in the future. For example, a future amendment to the tree code could lead to a significant change in the way trees are handled in subdivisions. These changes will likely be more in line with the new Comprehensive Plan goals, may eliminate cumbersome mitigation calculations, and include preservation options not currently found in the code. Staff briefed Council on these concerns at a workshop meeting on March 30, 2010. At the workshop City Council determined that more time was needed to discuss and review the topic, but the upcoming April 13t hearing could not be rescheduled at such a late date. City Council decided to hear the staff presentation and public testimony on the proposed amendment on April 13, 2010 and then follow up with a workshop on April 20 to discuss alternative approaches. A continuance of the public hearing may be scheduled for April 27 to hear public testimony on alternatives and possibly to deliberate /vote on the amendment. OTHER ALTERNATIVES CONSIDERED ♦ No Action — The code would remain unchanged, and extensions for site development review, land partitions, and subdivision approvals would be limited to one (1) year. ♦ Expanded Action — Expand the time limitation to include approvals lapsing before June 30, 2008 or after December 31, 2011. ♦ Alternate Actions — Remove the clause prohibiting further extensions beyond December 31, 2012. CITY COUNCIL GOALS Not applicable to current or long term council goals. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Proposed Code Amendments Attachment 2: Planning Commission Meeting Minutes March 1, 2010 Attachment 3: Staff Report to the Planning Commission dated February 19, 2010 Attachment 4: Spreadsheet showing cases with approvals lapsing between July 1, 2008 and December 31, 2011. FISCAL NOTES By extending existing approvals, there is the potential for loss of fees from new submittals. Al r ACHME SI CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2010- 00001) CHAPTERS 18.360 — SITE DEVELOPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISION, EXTENDING LAND USE APPROVALS LAPSING BETWEEN JULY 1, 2008 AND DECEMBER 31, 2011, UNTIL DECEMBER 31, 2012 AND ADDING A NEW CHAPTER (18.115 — LIST OF TERMS) THAT LISTS ALL DEFINED TERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the 'Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Site Development Reviews, Land Partitions and Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9 -0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 to consider the proposed amendments; and ORDINANCE No. 10- Page 1 WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19, 2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2010. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2010. L.,..„ Cr.ig r ksen, Mayor Approved as to form: City Attorney Date • ORDINANCE No. 10- Page 2 EXHIBIT A DCA2010 -00001 LAND USE APPROVAL EXTENSIONS CODE AMENDMENT Introduction The proposed development code amendment (DCA2010- 00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (WC). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31, 2012. Following please find the proposed code amendments, broken into two categories: I. New code sections — (18.115) II. Amendments to existing sections — (18.360, 18.420, & 18.430) Deletions to existing chapters indicated by striltethretigh. Additions to existing chapters indicated by bold and underlined. No formatting differences for new chapters. Chapter (18.115) List of Terms The following terms are defined in Chapter 18.120, Definitions, unless indicated otherwise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment 18.780, Signs Entertainment - Related Amenity Abut Definitions Americans with Disabilities Abutting Lots Adult Entertainment- Act Accept Related Definitions Annexation Access • Adult Bookstore Antenna See also Chapter Accessory Building • Adult Motion Picture 18.798, Wireless Accessory Dwelling Unit See Theater Communication Facilities Dwelling - Related Definitions • Specified Anatomical Areas Apartment See Dwelling - Accessory Structure • Specified Sexual Activities Related Definitions Acre Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility - Related Theater See Adult Application Definitions Entertainment Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abutting `A' -Frame Sign See Chapter Arcade See Design - Related its 18.780, Signs Definitions Adjoining Lots See Abutting Aisl Archaeological Site Lots Alley Area See Chapter 18.780, Administrative Action Alteration, Structural Signs Alternative Access Argument See Section City Dedication, Fee In Lieu Of 18.390.080, General City Engineer Deed Provisions City of Tigard Demolish Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling- Related Definitions 18.798, Wireless Density Transfer Awning See Design- Related Communication Facilities Design Related Definitions Definitions Column See Design - Related • Arcade Awning Sign ,See Chapter Definitions 18.780, Signs Commercial Forestry See • Awning Balloon See Chapter 18.780, Chapter 18.790, Tree • Band Signs Removal • Bay Band See Design Commission • Belt Course Definitions Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire • Chamfer Signs Complex Base Flood See Flood - Related Comprehensive See •Column Definitions Comprehensive Plan - Related • Cornice Basement Definitions • Eaves Bay See Design - Related Comprehensive Plan- • Entry Definitions Related Definitions • Frieze Belt Course See Design • Comprehensive • Marquee Related Definitions • Generalized • Medallion Bench Sign See Chapter • Land 18.780, Signs • Parapet • Plan Coordination Berm •Pilaster Bike Lane Conditional Use • String Course Bikeway Construct See Chapter • Transom Billboard See Chapter 18.780, 18.780, Signs Signs Contiguous • Turret g Buildable Area Contiguous Lots See • Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot- Related Dwelling- Related Definitions Building, Primary Definitions Development Building Height Corner Side See Yard - Related Development Adjustment See Building Official; See also Definitions Section 18.370.020, Chapter 18.780, Signs Cornice See Design - Related Adjustments Building Permit Definitions Development Review See Business See Chapter 18.780, Council Chapter 18.780, Signs Signs Covered Soil Area See Development Site Caliper Landscaping- Related Definitions Directional Sign See Chapter Canopy See Design Related Cul -de -sac 18.780, Signs Definitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Chapter 18.780, Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Chapter 18.780, Chamfer See Design - Related p 18.780, Signs Signs Drainage Way Definitions Dedication Drive - Through Facility Change of Use Driveway Final Decision See Final Action Guyed Tower See Chapter Duplex See Dwelling- Related Final For Purposes Of Appeal 18.798, Wireless Definitions See Section 18.390.080, Communication Facilities Dwelling See Dwelling- Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling- Related Definitions Findings 18.790, Tree Removal Flag Lot S Lot- Related Home Occu • Accessory Dwelling Unit g . • Apartment Definitions Homeowners Association p Household • Attached Dwelling Flashing Sign See Chapter 18.780, Signs Housing Complex See Chapter • Detached Dwelling Signs 18.780, Si Floodplain See Flood - Related g • Duplex Immediate or Serious Danger Definitions g • Dwelling Flood Related Definitions See Chapter 98.780, Signs • Manufactured Home • Base Flood Impact Analysis • Multiple-Family Dwelling Impervious Surface p y g • Floodplain Implementing Ordinance • Single Family Dwelling • Floodway Easement Improved Lot See Lot- Related • Floodway Fringe Definitions Eaves See Design - Related Floodway S ee Flood Related Definitions y Improvement Definitions Industrial Park See Chapter Effective Date See Section Floodway Fringe See Flood p 18.390.080, General Provisions y g 18.780, Signs E ess Related Definitions Ingress Floor Area Electrical Sign See Chapter Interior Lot See Lot Related Floor Area Ratio Definitions 18.780, Signs Flush Pitched Roof Sign See Land See Comprehensive Plan - Electronic Information Sign Chapter g p ter 18.780, Signs p See Chapter 18.780, Signs Related Definitions Freestanding Sign See Chapter Land Form Alteration Enlargement 18.780, Signs n L i Entry See Design - Related Landscaping Freeway Interchange See n Lands ca i Related Definitions Chapter p ter 18.780, p g Entryway Sign See Chapter Definitions Freeway- Oriented Sign See • Covered Soil Area 18.780, Signs Chapter 18.780, Signs Evidence See Section • Open Soil Frieze See Design - Related 18.390.080, General Provisions • Root Paths Definitions Exception Front See Yard Related • Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chapter Wireless Communication Frontage See also Chapter 18.798, Wireless Facilities Communication Facilities Face 18.780, Si Front Lot Line See Lot- Related Lawn Sign See Chapter 18.780, Face of a Building See Chapter Signs Signs Definitions 18.780, Si g Legal Entity See Chapter FCC See Chapter 18.798, Garage p Generalized See Comprehensive 18.780, Signs, `Business" Wireless Communication Legislative Plan-Related an- Related Definitio Glare Lighting Methods See Chapter Fence, Sight - Obscuring 18.780, Signs Final Action Loading Area See Loading Space Loading Space Marquee See Design- Related • Passive Use Facilities Lot See Lot- Related Definitions Definitions Oregon Administrative Rules Lot Area See Lot- Related Medallion See Design - Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot - Related Minimal Use Facilities See Open Owner Definitions Space Facility- Related Painted Wall Decorations See Lot Coverage See Lot- Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot - Related Mixed Solid Waste See Chapter Chapter 18.780, Signs Definitions 18.755, Mixed Solid Waste Painted Wall Sign See Chapter Lot Line See Lot- Related And Recyclable Storage 18.780, Signs Definitions Mixed -Use Development Parapet See Design- Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot- Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition Lot - Related Definitions 18.798, Wireless Party • Corner Lot Communication Facilities Passive Use Facilities See Open • Flag Lot Moving Sign See Chapter Space Facility- Related g 18.780, Signs Definitions • Front Lot Line Multiple- Family Dwelling See Perimeter • Improved Lot Dwelling-Related Definitions g f Permitted Use • Interior Lot Multi -Unit Residential Person See also Chapter 18.780, • Lot Building See Chapter 1 Sig ns • Lot Area Mixed Solid Waste And Pilaster See Design - Related • Lot Averaging Reyclable Storage Definitions • Lot Coverage Neighborhood Activity Center Plan Coordination See • Lot Depth Noise Comprehensive Plan - Related • Lot Line Nonconforming Sign See Definitions Chapter 18.780, Signs Plat • Lot Line Adjustment Nonconforming Situation Premises See Chapter 18.780, • Lot of Record Non - Residential Building See Signs • Lot Width g Chapter 18.755, Mixed Solid Projecting Sign See Chapter • Rear Lot Line Waste And Recyclable Storage 18.780, Signs • Side Lot Line Non - Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780, Signs 18.780, Signs • Tax Lot Occupancy Permit Provider See Chapter 18.798, • Through Lot Off Site Impact Wireless Communication • Zero Lot Line Off Site Improvement Facilities Lot Width See Lot -Related Open Soil See Landscaping- Pruning See Chapter 18.790, Definitions Related Definitions Tree Removal Maintenance See Chapter Open Space Facility- Related Public Business Day 18.780, Signs Definitions Public Support Facilities Manufactured Home See • Active Use Facilities Quasi Judicial Dwelling - Related Definitions • Minimal Use Facilities • Reader -Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780, Signs Landscaping- Related Definitions Transom See Design - Related Rear See Yard - Related Definitions Source- Separated Recyclable Definitions Rear Lot Line See Lot- Related See Chapter 18.755, Mixed Tree See also Chapter 18.790, Definitions Solid Waste And Recyclable Tree Removal Receipt Storage Turret See Design - Related Recreational Vehicles Special Adjustments, See Section Definitions Remodel 18.370.020, Adjustments Uniform Building Code See • Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780, Signs Tree Removal Adult Entertainment- Related Use Reserve Strip Definitions Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment- Related Design- Related Definitions Responsible Party, See Section Definitions Vision Clearance Area 18.230.030, Penalty Storage Area See Chapter Visual Obstruction Revolving Sign See Chapter 18.755, Mixed Solid Waste Wall Sign See Chapter 18.780, 18.780, Signs And Recyclable Storage Signs Right -of -Way Story Wetlands Road Story, First Will Roof Story, Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street, Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street, Public Wireless Communication Signs String Course See Design- Related Facilities Wireless Communication Root Paths See Landscaping- Definitions Facility, Attached See Related Definitions Structural Alteration See Chapter 18.798, Wireless Rotating Sign See Chapter Chapter 18.780, Signs Communication Facilities 18.780, Signs Structure Wireless Communication Sensitive Lands See Chapter Subdivision Transmissions Towers See 18.790, Tree Removal Substandard Lot See Lot- Related Chapter 18.798, Wireless Setback Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement Yard See Yard - Related Definitions 18.780, Signs Surface Street See Chapter Yard - Related Definitions Shopping Plaza See Chapter 18.780, Signs • Corner Side 18.780, Signs Tax Lot See Lot-Related • Front Side See Yard - Related Definitions Definitions Side Lot Line See Lot-Related • Rear • Temporary Sign See Chapter . Definitions • Side .f 18.780, Signs Sign. See Chapter 18.780, Signs Temporary Use • Yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780, Signs Signs Definitions Single - Family Dwelling See Through Lot See Lot- Related Zoning District Dwelling- Related Definitions Definitions Site Tigard -Based Nonprofit Slope Organization Iif Ex s'tin t'iMae Sections ''' 4 �° - �' #: Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type . I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one - and - one -half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that: 4, a. No changes are made on the original site development review plan as approved by the Director; 2, b. The applicant can show intent of initiating construction on the site within the one -year extension period; and 3, c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but -in.no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09 -13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision - making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1 -1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 4: a. No changes are made on the original plan as approved by the Director; 2 b. The applicant can show intent of recording the approved partition or lot line adjustment within the one -year extension period; and 3: c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1 -1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1 -1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year; provided that: a. No changes are made on the original preliminary plat plan as approved; 2, b. The applicant has expressed written intent of submitting a final plat within the one -year extension period; 3, c. There have been no changes to the applicable ordinance provisions on which the approval was based; and 4. d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09 -13) ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 1, 2010 1. CALL TO ORDER President Walsh called the meeting to order at 7:01 pm. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson, Caffall, Doherty, Fishel, Gaschke, Hasman, Muldoon, Vermilyea, and Walsh; Alternate Commissioner Shavey Absent: Alternate Commissioner Schmidt Staff Present: Ron Bunch, Community Development. Director; Susan Hartnett, Assistant Community Development Director; Cheryl Gaines, Associate Planner; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Jeremy Vermilyea informed the commission that he had been elected to be chair of the Tigard Transportation Advisory Committee (TTAC), which meets the first Wednesday of each month. There will be a meeting the upcoming Wednesday so he anticipates reporting back on that at a later time. 4. CONSIDER MEETING MINUTES 2 -1 -2010 Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the minutes — there being none, Walsh then declared the minutes approved as submitted. At this point Walsh asked the commission to consider a change of order for the evening. This, in light of the fact that Community Development Director, Ron Bunch, wasn't feeling well and, to enable him to leave earlier and get some much needed rest, to take his item at the top of the order. No one objected so the workshop regarding Planning Commission goals and work plan for 2010 began. I: \LRPLN \Planning Commission\ 2010 "PC Packets \3- 1- 10\ tpc minutes 3- 1- 10.doc Page 1 of 7 • 6. WORK SHOP — Goals for PC Work Plan, 2010 Vice President Vermilyea gave a quick run -down of what the Commission had asked of staff regarding their work plan. He said his preference was to be pro- active rather than reactive to what comes down the pike. Ron Bunch, Community Development Director, spoke to the subject, He said he would talk about the 10 or 12 items that the commission had asked him to 'identify that relate specifically to the Planning Commission's goals and work program. He said he also 'related them to what the City Council wishes to accomplish in the next year — both in the short -term and also in the mid -range projects two to five years out. He noted that two of Council's five goals are applicable to Community Development. They are 1) Implement the Comprehensive Plan, and 2) implement Downtown Urban Renewal. He went over his memo and spoke about the action items (objectives) associated with each of the two noted goals that require staff work (Exhibit A). QUESTIONS FROM COMMISSIONERS OF STAFF One of the commissioners said, I count at least 8 major topics and several sub - topics. We won't have the time to get to all of these in any great detail during the course of this year How will we approach this? Will we set two or three priorities and then build a calendar around' attacking those priorities? What's the thought process in terms of how we're going to go forward because I'm feeling a bit adrift in terms of what the next year is really going to look like. I'd like us to think about self-imposed deadlines, etc. What do we do next? Identify the two or three things we want to emphasize and then talk about the calendaring aspect of'it or... how do we want to do this? Walsh said: "Along the same lines, I'd like to see some sort of matrix with what the priorities are. Bunch said he thinks that's important. The chronology on some of these have been set to a degree — the Transportation System Plan is underway, Downtown Circulation Plan is underway." Vermilyea interjected that he has a little deeper knowledge now that he's sitting on the TTAC. The: TSP and the Downtown Circulation Plan's are pretty much "horses out of the barn." There's already been a year and a half, two years of work on each of those. The heavy lifting on those things has pretty much been done. To me those are in a separate category than the ones where we're really going to have to start from scratch: the Triangle, the 99W area — given the timing on the HCT [high capacity transit] issues, to me those two are high priorities and probably the top two. It seems to me we have to figure out of the others, the Community Development Code, the Tree Code, and the Public Facility Plan, particularly what the other thing is — that we are the ones who are going to be driving as opposed to the transportation related ones that are already kind of `down the road'. Bunch responded saying the tree code update is really high on council's agenda. They want that done — they've got the Urban Forestry Master Plan completed; however, they want to take enough time with the Tree Code to make sure we identify any potential problems: That's anywhere from an 8 to 21 month program. There are things we can get done in the interim. The I -5 99W multi -modal corridor refinement plan is about a 15 month project. L \LRPI N \Planning Commission \2010'PC Packets \3- 1- 10 \tpc minutes 3- 1 -1Edoc Page 2 of 7 , We'll, get the technical work, done within the year and then review, and then we'll have some changes coming forward to you Walsh reiterated that he would like a matrix of priorities and some tinting. -- knowing, how long these things are going to take. It would be very helpful to see all of that on one piece of paper. Please, if you could bring that back at a future time or just send it out by email so we can have it to review and then we can pick it up at a future meeting. Bunch thanked him and said he would do that. Commissioner Shavey asked what things the commission could do to help staff on this. Bunch said 99W is significant. I'm thinking of the Planning Commission in terms of playing a different role. In the past there've been a large number of projects and issues come forward. He said, in some respects, the Planning Commission deserves better communication on some of these big projects. We need to keep you in the loop in terms of what's happening, when it's happening, and also bring issues forward to the commission in the form of work sessions. These TGM projects are oftentimes strictly structured with a Technical Advisory Committee, a Citizen's Advisory Committee, and then a steering group that steers the project along a set course. My objective would be to keep the Planning Commission and other stakeholders in the loop on this very important issue. So that would be a big help. Also, we have some real code issues — regulatory issues we need assistance with. We'll be bringing these to you in fairly short order. Having the Planning Commissions' attention on those kinds of things - like the extension of approvals that you'll hear tonight — is going to be very important to us. We're all facing some challenging issues. Lastly, there are things that Council and staff has interest in - sustainability, economic development, etc. As we begin to develop those kinds of issues — working with you in work session would be very helpful. You will not lack for work this next year, I promise you that. So thank you for that question. Commissioner Muldoon said he'd like to see included on the matrix interdependencies and organizational drivers because there may be some things that the Commission can do that might not be the top level priority which have fewer drivers or where we have a greater role. Bunch noted that there are some synergies associated with implementing Urban Renewal decisions made with economic development, for example. TSP Plan, Hwy99W in terms of transportation efficiencies, so the interplay of those elements is important. He stated that he'd identify some of that. "Tree code — to what extent .. is the Tree Board going to be involved in dealing with the Tree code update - or do you see that more at the planning level ?" Susan Hartnett, Assistant Community Development Director, answered briefly. She said they'd had a pretty lengthy conversation with Council about how to approach the Tree Code Project over all. They talked about 2 different optional ways to approach it and they did make a decision. She said she anticipates bringing that back to this group since this group was part of their joint conversation in January. We are also going to be proposing a specific community involvement approach which would include Tree Board, Parks and Recreation Board, and Transportation Advisory Committee members as sort of the core of that and then identifying additional community and industry related representation. We haven't necessarily I: \I RP1.N \Planning Commission \2010 PC Packets \3- 1- 10 \tpc minutes 3- 1- 10.doc Page 3 of 7 made .a clear decision just yet as to whether or not we would invite a member of the Planning Commission to. be the specific liaison. We thought that might be something we would talk to you about. Our notion is that the tree code cross -cuts so many interests that it doesn't make sense to say it's this group or that group. It really needs to be a little of everybody involved. Commissioner Vermilyea summed it up saying "It sounds to me that the way you're describing this is, we're going to have a dedicated group focused solely on tree code for a while and then we will get periodic updates of that and at some point have a work session and go through the final approval process. That's not going to be an integral sort of week by week, month by month project for us like it was when we did the Comp Plan." Hartnett: Yes, that's correct. Walsh reiterated that what the Commissioners are asking of Ron Bunch is a matrix adding priority timelines, drivers or interdependencies; and some summary comment regarding staff and resources required. He said he's anticipating a rather large piece of paper - but as brief as possible - in matrix format He also asked whether there's an overall summary of the Comp Plan. He'd like to see that in the future. Commissioner Doherty added that that would be a very good communication tool: 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2010 -00001 LAND USE APPROVAL EXTENSIONS REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through. December 31, 2012. In addition, a new chapter is proposed (List of Term — 18.115) that lists all defined terms within the TDC. Walsh opened up the public hearing. STAFF REPORT Cheryl Caines, Associate Planner, went over the staff report (staff reports are available one week before each scheduled meeting.) Using a PowerPoint slide (Exhibit B) she went over the affected approval dates, expiration dates, and the new expiration date. She noted that staff is recommending that the Planning Commission find in favor of amending the Site • Development Review, Land Partition, and Sub - division chapters of the Development Code as determined with the alterations that may come about through the public process. I: \LRPLN \Planning Commission \2010 PG Packets \ 3-1-10 \ tpc minutes 3- 1- 10.doc Page 4 of 7 SOME OF THE QUESTIONS FROM COMMISSIONERS OF STAFF You mentioned that. codes have ,changed since some of these_prjects were approved... have they changed so greatly" that'.it s not something that developers when — a year or two down the road — would have to go through the entire the process again or were they code changes that they can incorporate into what they already have? Caines: The only major amendment we've had is the Downtown Code. At this point there was one development from 2008 which has gotten an approval extension for the year and the applicant actually tried to incorporate what we had anticipated to be the design standards for the new Downtown Code into his plan. So he's pretty well set for fitting in with the new Development Code for Downtown. The other is the Knoll project on the corner of Hunziker'and Hall that was just approved — they've already submitted for ; a building permit and have funding so they probably will be beginning their construction in the next 6 months. So the ending approval date would be June 30, 2010. Obviously, I don't anticipate any major code changes between now and June 30, 2010. So it would be really few of these cases that are affected by the code change. I don't foresee that it'd be a problem. If we approve this it will revive already expired approvals? Yes. Do you anticipate any projects that expired and were approved pursuant to Measure 37 claims being impacted by this? No. You raised an issue with respect to the omission of language regarding no additional extensions. If we approve this extension, and leave that language alone, and it turns out that 2012 isn't going to be enough time, we have to come back and re- extend it... Can we then at that lime deal with that language issue? We could, yes. Susan Hartnett interjected "There are many other communities in the Metro areas that have done or are about to do similar extensions on their land use approvals and I frankly think we ought to think about the competitive disadvantage we would place Tigard in when the economy does begin to pick up. Jurisdictions that have a very high bar for entry into that community's development process are likely to see a longer return to normalcy. There is some advantage to us in not being too harsh on that. It's going to be a long, slow, return. Allowing some flexibility for those reviews that have already gone through the queue and got approved is I think in our best interest at this point— the community's best interest." Are the changes proposed consistent with what other communities are doing? Hartnett: Yes, they are. This was prompted by a request from a Tigard developer who has his ear to the ground on the commercial development side. This isn't really the residential side, and the commercial side is actually pacing behind the residential side. They're starting to see some pick -up in residential. Commercial is still going down. I: \LRPLN \Planning Commission \2010 PC Packets \3- 1- 10 \tpc minutes 3- 1- 10.doc Page 5 of 7 PUBLIC TESTIMONY — IN FAVOR: None. PUBLIC TESTIMONY OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS Commissioner Doherty thinks its a great idea. She thinks this is something that can go year by year. It's tough for some of those folks and if codes are not going to be a big issue then I don't see a problem. There was some discussion regarding the economy and the fact that, most likely, they need to be prepared to come back and look at this again. The general consensus was that this is the right move at this. point. MOTION: Commissioner Muldoon made the motion: "I move that we forward a recommendation of approval for application of Development Code Amendment DCA2010 -00001 to amend the text for Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code to extend land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The extension would be advanced to extent through December 31, 2013 [later corrected to 2012] . In addition, approval authorize the addition of a new chapter 18.115 listing defined TDC terms. No amendments to staff recommendations. The motion was seconded by Commissioner Doherty. (Commissioner Fishel corrected the motion to advance the extension to December 31, 2012 — rather than the stated 2013. They all agreed to the correction and then a vote was taken. The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Fishel, Commissioner Caffall, Commissioner Doherty, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (9) I : \LRPLN \Planning Commission \2010 PC Packets \3- 1- 10 \tpc minutes 3- 1- 10.doc Page 6 of 7 i NAYS: None (0) ABSTAINERS: None (0) ABSENT: None (0) President Walsh noted that this would go to Council on April 30th. 7.. OTHER BUSINESS Commissioner Vermilyea noted that he'd forgotten to mention something during his update on the TTAC during the "Communications" portion of the agenda. He said the Tigard Transportation Advisory Committee is in the process of forwarding a bicycle & pedestrian sub- committee to look at bike /ped issues inside of Tigard. He said if anyone is interested in participating in that, they are welcome to do so. The 'I`I`AC meeting is on Wednesday (March 3) at 6 :30pm in the 2nd floor conference room at the library. He suspected they will have additional information on when and where the bike /ped group is going to meet. Walsh went over the upcoming topics on the Planning Commission calendar. He gave a gentle reminder to the commissioners that, especially during public hearings, they need to ask to be recognized and wait to be called on by him before talking. 8. ADJOURNMENT President Walsh adjourned the meeting at 8:04 pm. 4 L- c Lam____ Y _ V'^ . Doreen Laughlin, Planning • mmission Secretary ' AT - • ent David + aish 1: \LRPLN \Planning Commission \2010 PC Packets \ 3-1-10\ tpc minutes 3- 1- 10,doc Page 7 of 7 EXHIBIT A MEMORANDUM TIGARZI • TO: Pres. Walsh, VP Vermilyea, & Planning Commission Members FROM: Ron Bunch, Community Development Director RE: 2010 -- 2011 Planning Work Program . DATE: February 24, 2010. INTRODUCTION Staff appreciates the Planning Commission's interest in the tasks the Community Development (CD) Planning Divisions have before them this next fiscal year and beyond. The following summarizes these tasks. BACKGROUND / DISCUSSION CD's priority is to help Council achieve its 2010 goals. Two of Council's five goals are applicable to CD. They are 1) Implement the Comprehensive Plan, and 2) Implement Downtown Urban Renewal. Following are specific objectives associated with each of the two noted goals that require staff work: a) Complete the Transportation System Plan (TSP); b) Begin Area Plans (Tigard Triangle, 99W Corridor, etc.); c) Continue to Promote and Plan for 99W (Pacific Highway) Light Rail; d) Initiate Developer Outreach and Recruitment for the Downtown; e) Adopt Downtown Circulation Plan; and f) Update the Tree code. 2010 Land Use /Transportation Projects which the Planning Divisions are, or will be, working to implement Council Goals and Objectives include the following: 1) 2035 Transportation System Plan; 2) Downtown Circulation Plan; 3) 99W High Capacity Transit (HCT) Land Use Plan (includes large parts of the Tigard Triangle); 4) Interstate 5 / 99W Corridor Multi -Modal Refinement Plan from (Portland to Tigard); 5) Funding Alternatives for Highway 99W HCT Alternatives Analysis; and 6) Tree Code Update. I: \LRPLN \Plannin Commission \2010PC Packets \3- Id0 \tpc minutes 3.1-10 Rxhibit, .doc 1 In-addition there are three other land use and transportation projects which the CD department has on its work program,as listed below: 7) Tigard Comprehensive Plan Periodic Review (Economic Opportunities Analysis; Public Facility Plan; Transportation System Plan); '8) Tigard Pathways Master Plan; 9) Tigard Community Development Code Updates; and 10) Street Connectivity Plan, I : \LRPLN \PlanningCommission \2010 PC Packets \3. 1.10 \tpc minutes 3-1-10 I+•hibit A.doc 2 LAND USE APPROVAL EXTENSIONS Affected Approval Dates January 1, 2007 — June 30, 2010 As.i% • rte' 4 • k k Approval Expiration Dates July 1, 2008 — December 31, 2011 New Expiration Date December 31, 2012 ,fi wS H� M I-I ATTACHMENT 3 Agenda. Item: 5.1 Hearing. Date: March 1, 2010 Time: 7:00 PM STAFF r{p71 it,�s� 4� STA31 F REPORT 8 O THE ° ` h PLANNING C MMIISSION ; " '• ��3x r � s , �-� s E FO THE CITY S S F TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: LAND USE APPROVAL EXTENSIONS CASE NO.: Development Code Amendment (DCA) DCA20I0 -00001 PROPOSAL: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term — 18.115) that lists all defined terms within the TDC. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Not Applicable. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9 Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Site Development Review, Land Partitions, and Subdivision regulations, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA20 -00001 LAND USE APPROVAL EXTLNSIONS Pr1GF 1 OF 10 3/1 /10 PUBLIC ITARING STAFF REPORT TO PLANNING COMMISSION • SECTION III. PROPOSAL & BACKGROUND INFORMATION The proposal is to amend the Site. Development Review, Land Partitions, and Subdivision code section of the Tigard Community Development Code (TDC) extending land use decisions with approvals lapsing between July 1, 2008 and December 31, 2011. In addition, a new chapter (18.115 — List of Terms, Attachment 1) is proposed :that lists' all defined terms found in the TDC. The application was initiated by the City in response to the national economic downturn and requests made by applicants and interested parties, such as the Home Builder's Association (HBA). Copies of letters received from John Wyland with J.T. Smith Companies and Ernie Platt with the Home Builder's Association are included in the Planning Commission packet (Attachments 2 & 3). Currently the TDC grants an eighteen month approval period for Site Development Review (SDR), Land Partitions (1VILP), and Subdivisions (SUB) that begins on the date an approval becomes final or effective. The TDC allows the Community Development Director to grant a one year extension of the approval upon written request by the applicant, payment of the required fee, and satisfaction of approval criteria. Those criteria include: no changes made to the original plan approved by the Director, intent of initiating construction or recording of plat within the one year extension period, and no changes to the applicable Comprehensive Plan . policies and ordinance provisions on which the approval was based. Subdivision extensions also require that the extension will not preclude the development of abutting properties. Staff has reviewed land use approvals. from 2005 through 2009 and determined that there are a total of 42 cases that will be affected by this amendment. Of the 100 SDR, MLP, and SUB cases approved during this period, many cases are not affected by this amendment since the development was constructed, the applications were withdrawn, the sites were located in the Washington County Urban Service Area, or subdivision /partition plats were recorded. Of the 42 cases affected by the amendment - 12 are SDRs, 15 are MLPs, and 15 are SUBs. As of the date of this report, 12 had already expired. An additional 8 will expire in the next six months. The purpose of the proposed extension is to allow applicants to begin previously approved residential and commercial projects as soon as financial resources are available and the market demands. If there is no extension, applicants will need to re -apply for approval, which will take additional time and financial resources. The proposed amendment only affects SDRs, SUBs, and MLPs, all of which are Type II administrative decisions. Type III decisions are not included because the applications follow a different process and involve public hearings. Since the bulk of incomplete projects expire in 2009 and 2010, the time frame chosen captures the greatest number of cases affected by the economic downturn. By including approvals lapsing on December 31,, 2011, the intent is to automatically extend these cases by the one (1) year allowed by code, but not allow further extensions. Many other jurisdictions in Oregon (Portland, Tualatin, Newberg, Bend, Redmond, and Albany) have approved similar code amendments extending approvals in light of the poor economic conditions. In addition to the extension language, a new chapter of the TDC is proposed (18.115- List of Terms). Many definitions can be found in chapter 18.120 — Definitions, but some are spread throughout the code and may be difficult to find. This user- friendly list indicates which terms are defined and where to find such definitions. ISSUE SUMMARY o This amendment was initiated by the City due to the economic downturn and request from applicants and interested parties. o The amendment only affects Type II Site Development Reviews, Subdivisions, and Minor Land Partitions, with approvals lapsing between July 1, 2008 and December 31, 2011. Currently there are 42 cases which would be extended. DC12010 -00001 I ,AN1) USE APPROVAL I?X"1'1;NSlONS PAGE 2 OF 10 3/1/10 PUBLIC III ARJNG MIT RI?.PORT "1'0 PI ,ANN JNG COMMISSION o Land use approvals expire 18 months after the effective date unless under construction or a plat has been recorded. The existing code allows a one (1) year extension period to the original 18 month approval. The amendment may facilitate the construction of previously approved commercial and residential deve by allowing constr uction to begin as soon as the economy improves. Applicants may choose to act on the approval rather than letting them expire. Denying the amendment would require additional time for applicants to re -apply and 'payment of additional fees. It is also possible that the applicant would be subject to new code requirements adopted after their original approval. SECTION IV. SUMMARY OF APPLICA ; LE CRITERIA APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposal is to amend chapters 18.360, 18.420, and 18.430 of the Tigard Development Code and creation of a new chapter, 18.115. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.E establishes standard decision- making procedures for reviewing Type IV applications. 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 and conclusions are provided below for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. o The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; At least 45 day advance notice must be provided to the Oregon Department of Land Conservation and Development (DLCD). This notice was mailed on January 11, 2010, 48 days prior to the first scheduled public hearing as required. In addition, the Tigard Develo ?went Code (TDC) and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal. Statewide Planning Goal 1— Citizen Involvement This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper (February 11, 2010) prior to the Planning Commission public hearing. A second notice will be published prior to the City Council hearing. In addition a notice of the public hearings was mailed to interested citizens, and a request for comments was sent to affected agencies. Statewide Planning Goal 2 — Land Use Planning This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for, and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for DCA2010 -00001 I,AND USE APPROVAL EXTENSIONS PAGE 3 OF 10 3/1/10 PUBLIC I TEARING S'I'AFFF REPORT TO PLANNING COMMISSION amending the Code consistent with Goal 2. Statewide Planning' Goal 9 — Economic Development This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the ,health,_ welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and Development (DL has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. Statewide Planning Goal 10 — Housing This goal outlines provisions to insure state housing needs are met. This text amendment indirectly affects this goal by allowing more time for previously approved subdivisions and partitions to be completed, creating more sites for single family units. Applicable Comprehensive Plan Policies: Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and - other jurisdictions the opportunity to participate in all phases of the planning process. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. The City has mailed notice of the Planning Commission and City Council hearings to interested citizens. A request for comments was mailed to affected agencies. The City published notice of the Planning Commission hearing in the Tigard- Tualatin. Tunes (February 8, 2010). After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. With these public involvement provisions, the proposed Development Code Amendment is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain, an up -to -date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The current development code allows an applicant to request a one (1) year extension. An additional extension is proposed for land use decisions lapsing between July 1, 2008 and December 31, 2011. The request updates the implementing regulations of the Comprehensive Plan, which is the Tigard Development Code, consistent with the applicable-provisions of the Land Use Planning Goal. 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. Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 1. The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. The proposed amendments are indirectly related to goals 9 (Economic Development) and 10 (Housing) of the DCA2010 -00001 LAM) USE APPROVAL, EXTENSIONS PAGI3 4 OF 10 3/1/10 PU3) IC- II1?AR1NG Sl'AI RI1POR1' 10 PLANNING COMMISSION Comprehensive Plan. The amendment will allow more time for projects to be completed when economic times are better, thus furthering the City goals for maintaining a strong economy and providing a variety of housing types. ® Any applicable provision of the City's implementing ordinances. Code Section 18:380 Zoning Map and Text Amendments: • This Section regulates amendments. It outlines the process for reviewing Development Code Text. Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Code Section 18.390 Decision - Making Procedures: This chapter establishes standard decision - making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. j11 CA2®I®.. OOOO . . LAND USE EX TENSIONS CODE AMENDMENT • • Explanation of Formatting • This text amendment employs the following formatting: [Bold /Underlined] — Text to be added [Stnkcthrough] — Text to be removed New Code Chapter (18.115): (list of defined terms — see Attachment 1) Amended Code Chapters (18.360, 18.420, & 18.430): Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan .or existing development, as defined in. Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. DCA2010- 0000.1 LAND USE .APPROVAL EXTENSIONS PAGE 5 OF 10 3/1/10 PUB] AC HEARING S IAFI REPORT TO PLANNING COMMISSION C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 • years from the date of approval. The, site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one -and- one -half years period; or 2. Construction on.the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that: a. No changes are made on the original site development review plan as approved by the Director; 2 b. The applicant can show intent of initiating construction on the site within.the one -year extension period; and 3- e. There have been no changes to the applicable Comprehensive Plan policies and ordinance • provisions on which the approval was based. • 2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. • 1CA2010 -00001 LAND USI APPRO \'Al, 1?X"l'I?NSIONS PAGE 6 ON 10 . 3/1/10 PUBLIC I II?ARING Sl", \1T RITOR "1"f0 PLANNING COMMISSION 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09 -13) 18.420 LAND PARTITIONS • 18.420.030 Approval Process A. Decision - making process. The Director shall approve, approve with conditions or deny an application - partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1 -1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. • Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1- a. No changes are made on the original plan as approved by the Director; 2 b. The applicant can show intent of recording the approved partition or lot line adjustment within the one -year extension period; and 3- c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. • 18.430 SUBDIVISIONS • 18.430.030 Approval Process • A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. DCA2010 -00001 LAND USE APPROVAL EXTENSIONS PAGE 7 OF 10 3/1/10 PUBLIC I TEARING STAFF F REPORT' TO PLANNING COMMISSION B. Review of final plat. RevieW' of a final plat for subdivision shall be processed by means of a Type I procedure, as governed'by Chapter 18'.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1- 1 /2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1 -1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year; provided that: a. No changes are made on the original preliminary plat plan as approved; • b: The applicant has expressed written intent of submitting a final plat within the one -year extension period; c. There have been no changes to the applicable ordinance provisions on which the approval was based; and d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between duly .1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. DCA2010 -00001 LAND USII, APPROVAL GX1 CNSIONS PAG1.; 8 OF 10 .3/1/10 PUBLIC [I \RING STAFF RF.PORI"1'O PLANNING COMMISSION 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the, decision may be appealed in the same manner as the preliminary plat. (Ord. 09- 13) SECTION V. STAFF ANALYSIS A s de t he proposed amendment complies with the applicable state planning goa and City Comprehensive Plan Goals. O ne concern of exten previous approvals is th at development w ill be constructed utilizing outdated standards due to amendments to regulations that may have occurred or will occur in the future. As of this date there have been few major amendments to the TDC that will affect the land use decisions lapsing between July 1, 2008 and December 31, 2011. The majority of the affected cases would be designed utilizing the same standards in place today. Staff has reviewed code amendments adopted since May 2008 and found one that that affects one of the 42 cases, the Dolan Commercial Building (SDR2007- 00006). This proposed development is located on Main Street. New design and development standards were recently adopted for Tigard's Downtown. If the applicant had to re- apply, then the proposal would need to meet the new Downtown standards. In this case, the applicant was aware of possible code changes and worked with Staff to design a building incorporating the expected design standards. Other alternatives are listed below in Section VI. Expanding the amendment to include approvals expiring before June of 2008 and after December 31, 2011 does not seem necessary at this point. The majority of the affected cases will expire in 2010 and 2011. The end date of the recession cannot be determined at this time. If the Commission would like the option of additional extensions in the future, then the proposed clause prohibiting future extensions of these cases can be removed. SECTION VI. OTHER ALTERNATIVES No Action — The code would remain unchanged, and extensions for site development review, land partitions, and subdivision approvals would be limited to one (1) year. Expanded Action — Expand the time limitation to include approvals lapsing before June 30, 2008 or after December 31, 2011. • Alternate Actions — To remove the clause prohibiting further extensions. SECTION VII.. ADDITIONAL CITY STAFF, OUTSIDE AGENCY, AND INTERESTED PARTY COMMENTS The City of Tigard, Building Division, Public Works Department, and the Community Development Design Review Engineer were given copies of the proposed code amendment. No comments were received. Assistant Community Development Director, Susan Hartnett, suggested utilizing June 30th instead of July 1st as the beginning date and utilizing a table to show graphically the timeframes covered by the extension. City Arborist, Todd Prager, reviewed the proposal and had no comments or objections. Tualatin Valley Fire and Rescue, Metro, Tualatin Valley Water District, and the Oregon Department of Land Conservation and Development (DLCD) were notified of the proposed amendment. No comments were received. DCA2010 -00001 LAND USE APPROVAL EXTENSIONS PAGE 9 OF 10 3/1/10 PUBLIC IIF,ARING STAFF REPORT TO PLANNING COMMISSION Clean Water Services was sent a copy of the proposed amendment and had no objections to or concerns with the proposal. ATTACHMENTS: Attachment 1 Proposed Chapter 18.115 — List of Terms Attachment 2: Letter from John Wyland, J. T. Smith Companies Attachment 3: Letter from Ernie Platt, Home Builders Association u4_, . ` ~'` February 19, 2010 PREPARED BY: Cheryl Caines DATE Associate Planner • 64- e2 February 19, 2010 APPROVED' :Y ck Bewersdorff DATE Planning Manager • • DCA2010 -00001 LAND USE APPROVAL EXTENSIONS PAGE 10 OF 10 3/1/10 PUBLIC IIIiARING STAFF RIJ,POR•1 "1'O PLANNING COMMISSION • ATTACHMENT 1 CHAPTER 18.115 LIST OF TERMS Sections: 18.115.010 List of Terms 18.115.010 List of Terms The following terms are defined in Chapter 18.120, Definitions, unless indicated otherwise. Abandoned Sign See Chapter Alley Banner See Chapter 18.780, 18.780, Signs Alteration, Structural Signs Abut Alternative Access Base Flood See Flood- Related Abutting Lots Amendment Definitions Accept • Amenity Basement Access Americans with Disabilities Bay See Design- Related Definitions Accessory Building Act Belt Course See Design - Related Accessory Dwelling Unit See Annexation Definitions Dwelling- Related Definitions .Antenna See also Chapter Bench Sign See Chapter 18.780, Accessory Structure 18.798, Wireless Signs Acre Communication Facilities Berm Active Use Facilities See Open Apartment See Dwelling- Related Bike Lane Space Facility- Related Definitions Bikeway Definitions Appeal Billboard See Chapter 18.780, Addition Applicant Signs Adjacent Lots See Abutting Lots Application • Buildable Area Adjoining Lots See Abutting Approval Authority Building Lots Approved Plan Building Envelope Administrative Action Arcade See Design - Related Building, Primary Adult Bookstore See Adult Definitions Building Height Entertainment - Related Archaeological Site Building Official; See also Definitions Area See Chapter 18.780, Signs Chapter 18.780, Signs Adult Entertainment - Related Argument See Section Building Permit Definitions 18.390.080, General Provisions Business See Chapter 18.780, ® Adult Bookstore Assessed Valuation Signs e Adult Motion Picture Attached Dwelling See Caliper Theater Dwelling- Related Definitions Canopy See Design- Related ® Specified Anatomical Areas Awning See Design- Related Definitions m Specified Sexual Activities Definitions Canopy Cover See Chapter Adult Motion Picture Theater Awning Sign See Chapter 18.790, Tree Removal See Adult Entertainment- 18.780, Signs Chamfer See Design - Related Related Definitions Balloon See Chapter 18.780, . Definitions `A' -Frame Sign See Chapter Signs Change of Use 18.780, Signs Band See Design - Related City Aisle Definitions City Engineer • City of Tigard Demolish • Duplex See Dwelling- Related City Recorder Density Definitions Collocation See Chapter .18.798, Density Bonus .Dwelling See Dwelling- Related Wireless Communication Density Transfer Definitions Facilities Design- Related Definitions Dwelling- Related Definitions Column See Design - Related e Arcade o Accessory Dwelling Unit Definitions © Awning e Apartment Commercial Forestry See o Band 0 Attached Dwelling Chapter 18.790, Tree Removal © Bay • ® Detached Dwelling Commission O Belt Course o Duplex Common Wall Complete and Entire ©Canopy ® Dwelling Complex o Chamfer o Manufactured. Home Comprehensive See o Column ® Multiple- Family Dwelling Comprehensive Plan - Related o Cornice ® Single- Family Dwelling Definitions o Eaves Easement Comprehensive. Plan - Related o Entry Eaves See Design - Related Definitions o Frieze Definitions o Comprehensive ® Marquee Effective Date See Section o Generalized 98.390.080, General Provisions O Medallion - o Land Egress ® Parapet Electrical Sign See Chapter • ® Plan Coordination o. Pilaster 18.780, Signs Conditional Use o String ourse Construct See Chapter 18.780, g Electronic Information Sign Signs ® Transom See Chapter 18.780, Signs Contiguous 0 Turret Enlargement Contiguous Lots See Abutting ® Visible Transmittance Entry See Design - Related Lots Detached Dwelling See Definitions Corner Lot See Lot- Related Dwelling - Related Definitions Entryway Sign See Chapter Definitions Development 18.780, Signs Development Adjustment See Evidence See Section Corner Side See Yard - Related 1' J Definitions Section 18.370.020, 18.390.080, General Provisions Adjustments Exception d Cornice See Design-Related A � FAA See Chapter 18.798, Definitions Development Review See Council Chapter 18.780, Signs Wireless Communication ment Site Facilities Development Covered Soil Area See p Landscaping - Related. Definitions Directional Sign See Chapter Face Cul -de -sac 18.780, Signs Face of a Building See Chapter Cultural Institution Auxiliary Director 18.780, Signs Display Surface S ee Chapter Sign See Chapter 9 &:780, Signs P y FCC See Chapter 18.798, p Cutout See Chapter 98.780, 18.780, Signs Wireless Communication Signs Drainage Way Facilities Dedication Drive - Through Facility Fence, Sight- Obscuring Driveway Final Action Dedication, Fee Tn Lieu Of Deed Final Decision See .Final Action Final For Purposes Of Appeal Habitable Floor Area - Lot Area See Lot- Related See Section 18.390.080, Hazardous Tree See Chapter Definitions General Provisions 18.790, The Removal Lot Averaging See Lot- Related Final Order See Final Action Home Occupation Definitions Findings Homeowners Association Lot Coverage See Lot- Related Flag Lot See Lot - Related Household Definitions Definitions Housing Complex See Chapter Lot Depth See Lot- Related Flashing Sign See Chapter 18.780, Signs Definitions 18.780, Signs Immediate or Serious Danger Lot Line See Lot- Related Floodplain See Flood- Related See Chapter 18.780, Signs Definitions . Definitions Impact Analysis Lot Line Adjustment See Lot - Flood- Related Definitions Impervious Surface Related Definitions • e Base Flood Implementing Ordinance Lot of Record See Lot- Related e Floodplain Improved Lot See Lot- Related Definitions ®Floodway Definitions Lot - Related Definitions Improvement e Corner Lot ® Floodway Fringe Industrial Park See Chapter e Flag Lot Floodway See Flood - Related g 18.780, Signs Definitions Front Lot Line • Floodway Fringe See Flood- In e Improved Lot Interior Lot See Lot- Related Related Definitions o Interior Lot Floor Area Definitions Land See Comprehensive Plan- ® Lot Floor Area Ratio ®Lot Area Related Definitions Flush Pitched Roof Sign See . Land Form Alteration ® Averaging Chapter 18.780, Signs Freestanding Sign See Chapter Landscaping a Lot Coverage • Landscaping- Related e Lot Depth 18.780 Signs e P Freeway Interchange See Definitions ®Lot Line Chapter 18.780, Signs o Covered Soil Are e Lot Line Adjustment Freeway- Oriented Sign See 0 Open Soil a Lot of Record Chapter 18.780, Signs 0 Root Paths e Lot Width Frieze See Design - Related o S oil Volume Calculations o Rear Lot Line Definitions Lattice Tower See Chapter ® Side Lot Line Front See Yard - Related 18.798, Wireless 0 Substandard Lot Definitions Communication Facilities ® Tax Lot Frontage See also Chapter Lawn Sign See Chapter 18.780, 18.780, Signs Signs e Through Lot Front Lot Line See Lot- Related Legal Entity See Chapter e Zero Lot Line Definitions 18.780, Signs, `Business" Lot Width See Lot- Related Garage Legislative Definitions Generalized See Comprehensive Lighting Methods 'See Chapter Maintenance See Chapter Plan- Related Definitions 18.780„ Signs 18.780, Signs Glare Loading Area See Loading Space Manufactured Home See Guyed Tower See Chapter Loading Space Dwelling Related Definitions 18.798, lVirelest Lot See Lot- Related Definitions Marquee See Design - Related Communication Facilities Definitions Medallion See Design - Related Oregon Revised Statutes Rear Lot Line See Lot- Related Definitions Outdoor Storage Definitions . Minimal Use Facilities See Open Owner Receipt Space .Facility - Related Painted. Wall Decorations See Recreational Vehicles Definitions Chapter 18.780, Signs Remodel Mitigation Painted Wall Highlights See Removal See Chapter 18.790, Mixed Solid Waste See Chapter Chapter 18.780, Signs Tree Removal 1 "8.755,Mixed.Sodid Waste Painted Wall Sign See Chapter Reserve Strip And Reg clable Storage .18.780, Signs Residence Mixed -Use Development Parapet See Design - Related Residential Trailer Mobile Home Definitions Responsible Party, See Section Mobile Home Park Park 18.230.030, Penalty Mobile Home Subdivision Parking Space Revolving Sign See Chapter Monopole See-Chapter 18.798, Partition 18.780, Signs Wireless Communication Party . Right -of -Way Facilities Passive Use Facilities See Open Road Moving Sign See Chapter Space Facility - Related Roof 18.780, Signs Definitions Roof Line See Chapter 18.780, Multiple- Family Dwelling See Perimeter Signs Dwelling- Related Definitions Permitted Use Roof Sign See Chapter 18.780, Multi -Unit Residential Person See also Chapter 18.780, Signs . Building See Chapter 18.755, Signs Root Paths See Landscaping - Mixed Solid Waste And Pilaster See Design - Related Related Definitions Recyclable Storage ' Definitions Rotating Sign See Chapter Neighborhood Activity Center Plan Coordination See 18.780, Signs Noise Comprehensive Plan - Related Sensitive Lands See Chapter Nonconforming Sign See Definitions 18.790, Tree Removal Chapter 18.780, Signs Plat Setback . Nonconforming Situation Premises See Chapter 18.780, Shopping Center See Chapter Non - Residential Building See Signs 18.780, Signs Chapter 18.755, Mixed Solid Projecting Sign See Chapter Shopping Plaza See Chapter Waste And Recyclable Storage 18.780, Signs 18.780, Signs Non - Structural Trim See Projection See also Chapter Side See Yard - Related Definitions Chapter 18.780, Signs 18.780, Signs Side Lot Line See Lot- Related Occupancy Permit - Provider See Chapter 18.798, Definitions Off -Site Impact Wireless Communication Sign See Chapter 18.780, Signs Off -Site Improvement Facilities Sign Structure See Chapter Open Soil .See Landscaping- Pruning See Chapter 18.790, 18.780, Signs Related Definitions Tree Removal Single - Family Dwelling See Open Space Facility- Related Public Business.Day Dwelling - Related Definitions Definitions Public Support Facilities Site ® Active Use Facilities Quasi Judicial Slope o Minimal Use Facilities Reader -Board Sign See Chapter Soil Volume Calculations See © Passive Use Facilities 18.780, Signs Landscaping - Related Definitions Oregon Administrative Rules Rear See Yard - Related Definitions , Source- , Separated Recyclable Transom See Design- Related See Chapter 18.755, Mixed Definitions Solid Waste And Recytlable Tree See also Chapter 18.790, Storage Tree Removal Special Adjustments, See Turret See Design - Related Section 18.370.020, Definitions Adjustments Uniform Building Code See Specified Anatomical. Areas See Chapter 18.780, Signs Adult Entertainment- Related Use • Definitions Vehicle Parking Space Specified Sexual Activities See Visible Transmittance See Adult Entertainment<Related Design - Related Definitions Definitions Vision Clearance Area Storage Area See Chapter Visual Obstruction 18.755, Mixed Solid Waste Wall.Sign See Chapter 18.780, And Reppclable Storage .Signs Story Wetlands Story, First Will Story, Half Window Street Wireless Communication Street, Private Facility See Chapter 18.798, Street, Public Wireless Communication String Course See Design - Related Facilities Definitions Wireless Communication . Structural Alteration See Facility, Attached See Chapter Chapter 18.780, Signs 18:798, Wireless Structure Communication Facilities Subdivision Wireless Communication Substandard Lot See Lot- Related Transmissions Towers See Definitions Chapter 18.798, Wireless Substantial Improvement Communication Facilities . Surface Street See Chapter Yard S ee .Yard-Related Definitions 18.780, Signs Yard - Related Definitions Tax Lot See Lot- Related ® Corner Side Definitions ® Front • Temporary Sign See Chapter ® Rear 18.780, Signs ®Side Temporary Use ® Yard Tenant Sign See Chapter 18.780, Signs Zero Lot Line See Lot- Related Through Lot See Lot- Related Definitions Definitions Zoning District Tigard -Based Nonprofit Organization Traffic Flow Plan T.� N OrlwIIL VV I Ll1IVU 5u.55 /95b9,3 ATTACHMENT 2 December 18th 2009 City of Tigard n Cheryl Caine 13125 SW Hall Blvd Tigard, OR 97223 Re: City of Tigard proposal to extend timelines for existing Land Use Approvals Ms. Caine; Our company owns approximately 20 acres within the bull mountain area of Tigard_ The property currently has City land use approvals for a residential subdivision known as Sunrise Lane. We have worked on land use approvals and annexation for this property over the last 4 years. Like most of our society, we did not foresee the current economic downturn. We understand that City staff is working toward action to extend existing land use approvals. We are in complete support of City staff extending current land use approvals to help Tigard property owners maintain their investments and property values. We have instilled some very hard work and invested a great deal of money into Sunrise Lane. As I think you would agree, we hope that the economy will turn around within the next three years and an extension would help greatly. Two suggestions I would make are take action swiftly and keep the proposed extension language simple. We have until July 2010 to complete certain improvements on the site, there are some very important lead time items involved to be able to complete those improvements on time. In order for our company to plan ahead, the approval for land use extension must happen early next quarter, ideally for our property, be completed by late February or early March. To do this I would suggest that you notify DLCD to ensure that their required notice period will not obstruct you from getting this action in front of the Council for a vote at the earliest possible hearing. By making the extension language simple, both Planning Commission and City Council are more likely to have fewer questions and may facilitate a quicker decision. Please keep me posted as your work progresses on this matter. Do not hesitate to call me with any questions at 503 - 209 -7555. Sincerely; John Wyland SRL 79 LLC Cc; Nick Wilson;, Via E -mail Guy Pagenstectrer; Via E -mail Susan Hartnett Via E -mail J. JL . S �I JL JL 1 �i; iv ¢ zi { " a fax' f u j n P , v�r 1 , �-�;.,� r a -', $ a. 3 t r- r x� i 2� ' C aPu r D A e ne D � o�� wa 557+ 3�Cc ,yx. l SrTI t g m• r�,v3 -» �f CiS!;.}_Cf_` . _.. : P?k CO: .# t.:� • - fi "a'r -, ATTACHMENT 3 TI op- >t M uR Home Builders Association of Metropolitan Portland • FEB i. 2010 February 10, 2010 O OF 11GARD r f' SNFEilir"h , "; Mr. David Walsh Chair, Tigard Planning Commission Planning Commissioners City Hall 13125 SW Hall Blvd. Tigard, OR 97223 RE: Development Code Amendment 2010 -00001 Dear Chair Walsh and Commissioners: It is on behalf of the 1000+ members of the Home Builders Assn. of Metro Portland that I am sending you these comments. As we know all too well, this region and even the entire country has been experiencing a severe economic downturn, and this is particularly evident in the homebuilding industry. There are countless builders and developers who have submitted applications for partitioning of property or other land use actions, who simply have not had the ability to go forward with their projects. This proposal before you is a very straight forward approach at a code amendment that will allow many applicants to keep their projects `alive', with some hope of going forward with the expectation that these economic times will improve. I urge you to act favorably on this proposed amendment to the Tigard code, and to recommend its approval to the city council. Thank you for the opportunity to provide these comments. Sincerely, Ernie Platt Director of Local Government Affairs 15555 SW Bangy Road 4 Suite 301 4 Lake Oswego, Oregon 97035 Phone: 503.684.1880 4 Fax: 503.684.0588 ® www.homebuildersportland.org Striving for Affordability, Balance and Choice Land Use Cases Lapsing Between. July 1, 2008 and December 31, 2011 (as of 4/6/2010) File Number I Name I Location I Expiration Date I Extension Filed 2006 SUB2006 -00013 Cross Ridge Estates 14175 SW 103rd Ave. I 12/2/2009 yes • MLP2006 -00003 Schenk Partition 9175 SW N. Dakota St. 12/6/2008 no 2007 SUB2007 -00001 Fanno Ranch 14775 SW 76th Ave. 11/17/2008 no SUB2007 -00003 Foster Estates 14259 SW 100th Ave. 3/17/2009 no SUB2007 -00004 Samson Heights 14504 SW Fern St. 2/17/2009 no SUB2007 -00006 Greco Estates 9350 SW Lehman St. 5/17/2010 yes SUB2007 -00007 Nash Garden 10342 SW McDonald St. 6/7/2010 yes SUB2007 -00008 Sunrise Lane 14825 SW Sunrise Ln. 7/11/2010 yes SUB2007 -00009 Hunters Trail 13740 SW Ash Ave. 8/12/2009 no SUB2007 -00010 Aspen Gardens 12030 SW 135th Ave. 4/24/2009 no SUB2007- 00011. Troy Park 12300 SW Bull Mtn. Rd. 6/12/2010 yes 1SUB2007 -00013 Gertz Homes II 8990 SW Edgewood St. I 4/2/20111 yes I MLP2007 -00003 Westview Partition 10800 SW N. Dakota St. 3/23/2009 no MLP2007 -00007 Anderson Partition 12330 SW 121st Ave. 1/10/2010 no MLP2007 -00009 Fisher Partition 9240 SW O'Mara St. 5/6/2010 yes MLP2007 -00012 Maxim Partition 10765 SW N. Dakota St. 5/21/2009 no MLP2007 -00015 Ajami Partition 10660 SW 71st Ave. 9/15/2010 yes MLP2007 -00017 I Gavojdea Partition 12625 SW Grant Ave. 9/26/2009 no ISDR2007 -00003 One Dartmouth (Specht) 6860 SW Clinton St. 4/20/2010 yes SDR2007 -00006 Dolan Commercial Bldg 12500 SW Main St. 7/31/2010 yes SDR2007 -00007 Arnell Office Bldg I11725 68th Ave. 9/11/2010 no SDR2007 -00008 Amber Woods 11930 SW 70th Ave. 1 5/29/20101 yes SDR2007 -00010 RCM Office Building 7050 SW Clinton St. 12/26/2009 no 1 I 2008 SUB2008 -00001 'Rosewood Court 14010 SW Hall Blvd. 7/8/2010 no H SUB2008 -00002 Medallion Meadows 11760 SW Gaarde St. 2/20/2010 no SUB2008 -00003 Highland Hills WACO 9/10/2011 WACO n SUB2008 -00004 Jamestowne Village 122nd and SW James St. 3/24/2010 no 4 T1 H 4, Land Use Cases Lapsing Between July 1, 2008 and December 31, 2011 (as of 4/6/2010) MLP2008 -00002 Fifth Avenue Investments 18876 SW Edgewood St. 11/21/2009 no MLP2008 -00003 Jensen Partition 12660 SW 136th Ct. 10/18/2010 yes MLP2008- 00004 Bean Partition 11400 SW Fonner St. 1/11/2011 yes MLP2008 -00005 Repta Partition 11400 SW 90th Ave. I 2/16/2011 yes MLP2008 -00007 Agnesse Partition 11640 SW Ave. 4/14/2010 no MLP2008 -00008 Gilbert Partition 6816 SW Walnut Terr. 4/7/2011 no SDR2008 -00003 Dartmouth Commons 11930 SW 72nd Ave. 6/24/2010 no f SDR2008 -00007 Lanphere Enterprises 10655 SW Greenburg Rd. 10/30/2010 no SDR2008 -00008 Sylvan Industries 7404 SW Cherry St. 4/8/2011 no 2009 MLP2009 -00003 Sanders Partition 12390 SW 106th Ave. 1/8/2011 no MLP2009 -00002 Cross Partition WACO 8/3/2011 WACO 1SDR2009 -00003 Luke -Dorf 11895 SW Greenburg Rd. 6/2/2011 no SDR2009 -00005 The Knoll at Tigard 112340 SW Hall Blvd. 9/6/2011 no SDR2009 -00006 Dave & Busters 10125 SW Wash Sq. Rd. 9/11/2011 no SDR2009 -00007 AutoZone 13405 SW Pacific Hwy. I TBD 2010 ML P2010 -00001 Sonic Partition 15300 SW Pacific Hwy. TBD SDR2010 -00001 Pittman /Brooks Addition 15255 SW 72nd Ave. TBD I WACO - Cases approved by Washington County and annexed into the City of Tigard. These cases will not be affected. TBD - Cases still in review. Lapsing dates have not been determined.