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CCDA Minutes - 01/26/2010 Agenda Item No. / Meeting of City of Tigard Tigard Business Meeting - Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY(CODA) MEETING DATE/TIME: January 26, 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 Mayor Dirksen called the meeting to order at 6:30 p.m. Present: Mayor Dirksen, Council President Wilson, Councilor Buchner, Councilor Henderson, and Councilor Webb. Staff Present: City Manager Prosser, Assistant City Manager Newton, Public Works Director Koellerrmeier, City Attorney Ramis, and City Recorder Wheatley. • STUDS'SESSION ❑ Discuss Proposed Mayor and Council Budget for 2010-11 Assistant City Manager Newton reviewed the proposed City Council budget for 2010-11,which is on file in the City Recorder's office. Proposed expenditures are not significantly different from last year. City Manager Prosser advised that departments are putting together budget requests. If the proposed City Council budget is acceptable to the City Council members, then this will become the proposed budget request that will be reviewed by Finance and the City Manager before being transmitted to the Budget Committee, City Recorder Wheatley introduced the possibility of using e-readers for City Council packets. Some cities are beginn ng to use these devices and reporting good results. After brief discussion, City Council decided to table the idea this year to see how the market develops;i.e.,less cost and improved technology. City Manager Prosser advised that as budget requests are prepared by depararients, staff have been instructed to hold die line. Requests for new positions have been discouraged. The Finance Department is reviewing the budgets as requested by the departments at this time,which will be followed by a review with Finance and Information Services Department Director LaFrance and Cigr Manager Prosser. In response to a question from Mayor Dirksen, City Manager Prosser advised a Budget Comirdttee meeting is scheduled in March during a City Council meeting. More information will be available at this meeting regarding process for the upcorning budget hearings. o Administrative Iterns ■ Mayor/Council "Coffee" is scheduled for Saturday, February 6. ■ March 9 and 16 meetings are cancelled. A City Council Workshop meeting is on March 30, 2010. TIGAR.D CITY COUNCIL—January 26, 2010 City of Tigard 1 13125 SW Hall Blvd,,Tigard,OR 97223 1 503-639-4171 1 .v vw.dgard-or.gov I Page 1 of 14 • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:45 p.m. to discuss real property transaction negotiations under ORS 192.660(2) (e). Executive Session concluded at 7:25 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council&Local Contract Review Board Meeting to order at 7:34:13 PM 1.2 Roll Call: Mayor Dirksen, Council President Wilson, Councilor Buchner, Councilor Henderson, and Councilor Webb. 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 7:34:54 PM Councilor Buehner reported that she is serving on the League of Oregon Cities (LOC) finance and Taxation Committee. Mayor Dirksen said he has been appointed to two LOC policy committees; one for Community Development and the other for Transportation. 1.5 Call to Council and Staff for Non-Agenda Items-- None 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Follow-up to Previous Citizen Communication: None • Citizen Coni nunications Sign Up Sheet 7:35:58 PINI - Mr. Richard L. Koenig submitted a document titled "Before Tigard's City Council January 26, 2010." A copy of this docuunent is on file in the City Recorder's office. Mr. Koenig's communication to the City Council is suirrnarized below: • He said he asked for an appointment lvidr Police Chief Orr for his authority to stop, detain, and write tickets, traffic tickets, trafficking tickets to members of the general public. ■ During a telephone conversation, Police Chief Orr advised Mr. Koenig that he had the authority referenced above. Mi. Koenig asked Police Chief Orr to prove it. ■ Mr. Koenig recounted his recollection of three telephone conversations with Police Chief Orr, during which Mr. Koenig recited the Miranda Warning to Police Chief Orr and asked Police Chief Orr not to bother hire. ■ Because Police Chief Orr called Mr. Koenig after the warning, Nit. Koenig alleged this phone call was official misconduct and telephone harassment. ■ Mr. Koenig submitted a compact disc containing the recording of a telephone conversation with Police Chief Orr. This disc is on file in the City Recorder's office. There were no questions from die City Council for Mr. Koenig. Mayor Dirksen thanked Mr. Koenig for his comments. TIGARD CITY COUNCIL—January 26, 2010 Cityof Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 w%vw.tigard-or.gov I Page 2 of M Mr. Patrick Dinan, P O Box 1031, Sherwood, Oregon 97140 testified and submitted the following material,which is on file in the City Recorder's office: o "In d-ie matter of State of Oregon versus Patrick Dinan, Case number 151204,in the Tigard Municipal Court—Request for Written Findings, ORCP 62" (one page) o A December 28 memorandum to Michael O'Brien, Muni Court "Judge" for City of Tigard From Patrick Dinan,member of the general public under ORS 801.305. (four pages) o A January 61k', 2010 inemo to Tigard Municipal Clerk From Patrick Dinan, member of the general public Linder ORS 801.305 (1 page) Copies of die above documents are on file in die City Recorder's office. Suminazy of Mr. Dinan's testimony: o A Tigard resident for 15 years. o Went through the municipal courts twice. o On December 17,a judge told him he had to buy privileges before he could have rights. o Advised he submitted a request to Judge O'Brien and also talked to Mr. BIake. o Advised that the City Attorney told hire he was not involved with the proceedings for which Mr. Dinan was requesting information. o Asked die City Council who would be tie parr he should ask for this information. o Asked to be provided the laws under which he is being prosecuted. o Referred to a letter he provided to the judge. o Was advised by staff that tie judge would not respond tiwidi written findings per his request. o Asking for assistance of die elected officials and offered a dollar to anyone who could give him an answer. Mayor Dirksen advised Mr. Dinan there was no need for die dollar. He asked City Council if there were any questions; there were none. Mayor Dirksen said that as Mr. Dinan was advised before, if he is dissatisfied with the decision of the court, then he has t►e opportunity to appeal dhrough die appeals process. In response to additional comments from Mr. Dinan, Mayor Dirksen advised that the City Council understands his request. The Mayor ti-,inked Mr. Dinan for his comments and asked him to give his documents to die City Recorder. Mr. Dinan asked when he would have an answer. Mayor Dirksen responded that, "I don't know that there's an answer that we can give you. I think you need to address it to die County, because that's where tie appeals court is." Mr. Dinan said, "I'm dealing with die judge here. He's under your supervision. Yo1-U City Attorney doesn't want anything to do wid-i it; the City Prosecutor says dlat's not his problern. So, I'm Corning to you..." Mayor Dirksen said, "...the advice that 1 can give you is that you need to—go through the appeals process if you're dissatisfied with.a municipal court decision." ML. Dinan, said "...it's tie action of your employee and that's what I'm saying if the employee hasn't been instructed." Mayor Dirksen thanked Mt. Divan. Mr. Dinan said,"I look forward to answer." TIGARD CITY COUNCIL—January 26, 2010 Cityof Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Prage 3 of M 7,44:57 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve Council Minutes from October 27,2009 3.2 Amend a Portion of Resolution No. 09.44--Master Fees and Charges Schedule pertaining to the Park System Development Charge (SDC) and Sanitary Sewer Connection Fee—Resolution No, 10-05 RESOLUTION NO. 10-05 — A RESOLUTION AMENDING A PORTION OF RESOLUTION NO. 09-44 — THE MASTER FEES AND CHARGES SCHEDULE PERTAINING TO PARK SYSTEM DEVELOPMENT CHARGE (SDC)AND SANITARY SEWER CONNECTION FEE 3.3 Deactivate the Transportation Financing Strategies Task Force, Thanking the Members for Their Service,and Commending Them for a Job Well Done—Resolution No. 10-06 RESOLUTION NO. 10-06 — A RESOLUTION DEACTIVATING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE, ACKNOWLEDGING ITS ACCOMPLISHMENTS, THANKING THE TASK FORCE MEMBERS FOR THEIR SERVICE, AND COMMENDING THEM FOR A JOB WELL DONE 3.4 Consider a Resolution Appointing Holly Polivka and Hong Dao as Members, and Charlotte Corelle as an Alternate Member to the Park and Recreation Advisory Board—Resolution No. 10-07 RESOLUTION NO. 10-07 —A RESOLUTION APPOINTING HOLLY POLIVKA AND HONG DAO AS MEMBERS, AND APPOINTING CHARLOTTE CORELLE AS AN ALTERNATE MEMBER TO THE PARK AND RECREATION ADVISORY BOARD 3.5 Consider a Resolution Authorizing the Withdrawal Agreement with the Joint Water Commission — Resolution No. 10-08 RESOLUTION NO. 10-08 — A RESOLUTION WITHDRAWING THE CITY OF TIGARD FROM THE JOINT WATER COMMISSION GWC) 3.6 Consider an Addendum to Intergovernmental Agreement with Tualatin Valley Fire & Rescue Relating to the Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park Recognizing the Reduction in Cost 3.7 Authorize the Mayor to Sign an Intergoverninental Agreement with the Oregon Department of Transportation Regarding the City of Tigard Maintaining Landscaping Along Pacific Highway/99W from Gaarde Street to Canterbury Lane Councilor Henderson said that he appreciated that some of the fees went down. Motion by Councilor Webb, seconded by Council President Wilson, to approve die Consent Agenda. The Motion was approved by a unanimous vote of Council present. TIG_A.R_D CITY COUNCIL—January 26, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-1171 1 www.tigard-or.gov I�Puge 4 of 14 — Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 7:47:53 PM 4. LEGISLATIVE PUBLIC HEARING — CONSIDER ORDINANCE FOR DOWNTOWN CODE AMENDMENTS AND DESIGN STANDARDS (COMPREHENSIVE PLAN AMENDMENT CPA2009- 00003, DEVELOPMENT CODE AMENDMENT DCA2009-00005, AND ZONING MAP AMENDMENT ZON2009-00001) a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the procedures for the hearing. C. There were no declarations or challenges relating to the City Council members' jurisdiction or suitability to heating this matter. d. Summation by Community Development Department 7:52:05 PM Redevelopment Project Manager Farrelly presented the staff report. The proposal is to change the Comprehensive Plan designation, zoning map designation and associated Development Code amendments in the Downtown Urban Renewal District. The changes twill implement the Tigard Downtown Improvement Plan and Comprehensive Plan chapter for Downtown. The bull~of the area in question is zoned Central Business District (CBD) with small areas of Commercial General (C-G), Commercial Professional (C-P),and R-12 Planned Development,R 4.5, and MUR-1. The proposed Development Code amendments would add a new chapter to address downtown development design standards. There are also amendments to address definitions, decision-making procedures, corninercial zoning district,hundscaping/screening, off-street parking/loading,and signs. The proposal has one zone, die Mixed-Use Commercial Business District Zone. There will be four sub areas with different development standards,varied height limits and setbacks. Staff proposed new building and site design standards. Redevelopment Project Manager Farrelly explained how the standards are organized and the items addressed including what types of development procedures are encouraged and flexibility tlirough a discretionary review process. The review procedures are similar to what is now in the Development Code. Redevelopment Project Manager Farrelly briefly reviewed the procedures. Redevelopment Project Manager Farrelly said the City applied for and received a Code assistance grant from the TGM state program to review the work. He introduced Cathy Corliss,a principal at Angelo Planning and Marcy Mcinelly a principal at SERA Architects (one of her specialties is farm-based codes). Ms. Corliss referred to the Peet Review of the draft document prepared by Redevelopment Project Manager Farrelly and the City Center Advisory Committee. SERA Architects prepared Code illustrations to support die draft design standards. The standards were tested by dunning some development examples. Sites were identified and SERA Architects applied die standards to the sites and tested them. As a result amendments were recommended. TIGARD CITY COUNCIL—January 26, 2010 CityofTigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 xvww.tigard-or.gov I Page 5 of 14 IVIS. Corliss said the Smart Development assistance program advocates some of the things Tigard is trying to accomplish in its downtown. They evaluated the proposed amendments to determine if they were consistent with the Smart Development Principles. Ms. Mcinelly referred to elements of a form-based code. This type of code focuses on the fortm of the ' building and not its use. This leaves a lot of flexibility for the property owner and developer. A form- based code is very specific as to how a building faces a street in coordination with the streets and open space. The concept is about designing the public reahm similar to how you would design a room in that the streets and the building work together. For Tigard, development standards were drafted that vatied by sub area;each district has a unique set of development standards. This creates a more consistent and distinct public reahn within that sub area. The proposed form-based code has a specific approach to site design,where the focus is on the location of parking,parking screening,and the building frontage. The idea is to place the emphasis in the Code where it will make the most difference while avoiding micro-management of other elements such as the building use. There is emphasis on the ground floor, street-facing fagade. Ms. Mcinelly referred to the work done to test the code using three-dimensional illustrations and calculations,known as the development examples. Tris was an exercise to test the financial feasibility of the development standards as well as die construction-type feasibility to determine if these are buildings that could be built during a typical economic climate. As a result of the testing, some adjustments were made to the proposed code. Additional information reviewed by Ms. Mcinelly is summarized in a PowerPoint presentation,which is on file in the City Recorder's office. 8:05:42 PM Redevelopment Project Manager Farrelly noted that a metmorandrum summarizing the findings is contained in Exhibit 2A in the staff report. Redevelopment Project Manager Farrelly reviewed the citizen engagement used to develop the code language. The blueprint for the proposed code amendments was the Tigard.Downtown Improvement Plan. One of the recommendations was to revise the land use code for the downtown area. Tlie joint subcommittee of the Planning Commission and the City Center Advisory Corntnission worked on the draft code with Redevelopment Project Manager Farrelly. Open houses were held in July 2008 and 2009. The Code was discussed at several community events. The City Center Advisory Commission, after the consultants reviewed the code amendments, spent several meetings discussing and making some slight changes. The CCAC then endorsed the proposal. Property owners were notified of the proposed land use rules. Planning Commission workshops and public hearings were held as well as three City Council workshops. Redevelopment Project Manager Farrelly said die proposed amendments meet all of Tigard's code requirements: Community Development Code Chapters 18.380 and 18.390;and all of the goals found in the Comprehensive Plan chapters,particularly Goal 15, Special Plannuig Areas Downtown. Staff has found the proposal meets the Metro and State requirements including the Transportation Planning Rule. At the December 7 Planning Commission hearing, the Planning Commission recommended approval to the City Council of the proposed amendments. Redevelopment Project Manager Farrelly said that at last week's City Council workshop,the Council asked for additional infon-nation and different ways of looking at two issues. He referred to a page entitled Dowitomi Code Optims distributed to the City Council. Another page entitled CRA 2009-00003, DCA 2009-00005, ZON 209-00001, Doivrltoim Code E9Tata was also distributed to the City Council. TIGARD CITY COUNCIL--January 26, 2_010 _ City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wv.,w.6gard-or.gov I Page 6 of 1 8:08:41 PM Redevelopment Project Manager Farrelly said the Downtown Code Options were prepared in response to last week's City Council workshop. The issue was raised that there was a lath:of language that would permit higher-scale buildings in the]'Tall and 99W area that was envisioned in the Tigard Downtown ' Improvement Plan. Redevelopment Project Manager Farrelly advised that Oregon Department of Transportation (ODOT) had expressed concern about how the City would address the Transportation Planning Rule and,after some preliminary review of numbers,staff did find there would have been a significant number of trips to Hall and 99W. Compromises were reached. ODOT indicated they were satisfied with the increased density,but they proposed keeping the heights at the existing maximums in the Hall and 99W area. ODOT did not require the City to do a traffic impact analysis. The upcoming high-capacity transit land use plan would afford us the opportunity to look at higher-scale development at this intersection as it is likely to become a station area. 5:10:42 PM Redevelopment Project Manager Farrelly reviewed Option A of the Downtown Code Options. This option would be to adopt the proposed Code,which would include the compromise worked out with ODOT with the understanding we would have another chance to review and make changes with the high-capacity transit land use plan. Option B would be to adopt the proposed Code and direct staff to develop Code language that would allow higher-scale development in this area by instituting a trip cap or other methods. The City would need to coordinate with its regional partners and we would likely be required to do a traffic impact study. The goal would be to bring back language to the City Council in six to eight months. There is a possibility this would also need to be reviewed by the Planning Commission. Option C;would be to adopt the current version of the proposed Code,but remove the Hall and 99W area from the Code language and direct staff to develop Code language that would allow higher-scale development. The City would need to coordinate with regional partners and there might be a need for significant staff and consultant time for a traffic impact study. As in Option B, the goals would be to bring back language to the Cite Council in six to eight months. Redevelopment Project Manager Farrelly reviewed Option C.2,which would be to approve a Comprehensive Plan designation of Mixed-Use Central Business District in this sub area while keeping the zoning the same and duetting staff to come up with a way to get the higher-scale development desired. 8:12:47 PM Redevelopment Project Manager Farrelly reviewed the options pertaining to open space. The current Tigard Community Development Code requires multi-family development to provide a minirnuun of 48 square feet of private open space. The development examples that were worked on by the consultants show that to get higher residential densities in the proposed zone,it would make it challenging to develop viable projects that would accommodate 4S square feet of private open space for each unit. Often residential developments do not have large patios off the ground floor and,in some cases, odd lot configurations would not allow this. Other urban residential communities often have much smaller balconies. For flus reason,it was proposed to reduce the private open space minimum to 32 square feet along with a flexible solution requiring only 80% of the units to have the private open space. This would respond to the market demand for lower-cost apartments for those who do not want a balcony. _ TIGARD CITY COUNCIL—January 26, 20 .0 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 Nvww.Cigard-or.gov I Page 7 of M Councilor Buchner asked if landscaping was included in the option for the open space requirement. Redevelopment Project Manager Farrelly said that in addition to private open space there is a shared open space requirement for multi-family,which could take the place of a roof deck,recreation room,or a pool. ' 5:16:37 PM e. Public Testimony • Alexander Craghead, 12205 SW Hall Boulevard,Tigard, OR 97223, said the proposed code amendment is an important keystone to implement redevelopment in downtown Tigard. He said it has been a long process. He said he did not feel he was qualified to advise the City Council on the option to choose regarding 99W/Hall Boulevard. He said it was a disappointment that ODOT would not allow everything the City would like to have,but the important thing was that we would get something done and then we could continue to champion the retraining elements the City wants. He supported choosing those options which best achieve the City's goal. Mr. Craghead said the draft before the City Council is 95 percent of what the City Center Advisory Commission had reviewed and it is in full support of the proposal. The Mayor and City Council members thanked Mr. Craghead and the other members of the City Center Advisory Commission for all of their work on this matter. f. Staff Recommendation Redevelopment Project Manager Farrelly advised: • Staff recommends the first option with respect to 99W and Hall Boulevard. He said he was disappointed with not achieving the envisioned development for that area;however, the City will have a chance to look at this again with the high-capacity transit land use plan. High-capacity transit would definitely change the equation by allowing additional building height. It is staff's understanding if the high-capacity land use plan endorses more dense development around station areas,the would not have to wait until the light rail was operational(i.e., through use of trip caps). In the interest of working with our regional partners (ODOT and.Metro)in this TGM high- capacity land use plan,Redevelopment Project Manager Faitelly recommended going with the original proposal knowing we will have another opportunity and that it is unlikely that any new development will occur at that intersection in the next three years. • With regard to the open space option,both options are both good. Option B presents more flexibility and would offer a way to get lower-cost units. • Staff recommends the City Council adopt proposed Comprehensive Plan arnendrnent, Community Development Code amendment,and Zoning Map amendment as determined through tlhe public hearing process. • Staff recommends City Council,if it approves the proposed amendments, also include the changes as shown in the Downtown Code Errata distributed to the City Council. Councilor Buchner asked if the City Council could pass the ordinance in a way so that another hearing would not be necessary. Redevelopment Project Manager Farrelly said that if we were going to wait for the high-capacity transit recommendations to come in, then the City Council would want to consider Option A. If the City Council wants to direct staff not to wait, then Option B or C should be TIGAR.D CITY COUNCIL—January 26, 2010 Cjk,of Tigard 13125 SW Ha11131vd.,Tigard,OR 97223- 1 503-639-4171 1 www.dgard-or.gov I Page 8 of 14 considered. Mayor Dirksen pointed out another land use hearing would be required for any changes to development requirements or allowances. f. Council Discussion 5:24:30 P14I Council President Wilson advised he had additional questions. He said he was concerned that after awlhile the six-foot setback might look strange. He also said it might be a factor in whether a development would"pencil out or not." Before such a regulation is imposed,his philosophy is that there needs to be a compelling public interest to do so. Council President Wilson said he tools a photograph of the Dolan property and compared it to what our Codes would allow, It looks as if this building would be allowed, for the most part. He said he would like to have had more discussion on the type of materials used. It appears that the Code would only prohibit the cheapest of building materials,which would not be used regardless. He asked for comment on this. He added he remains concerned about the landscaping regulations,which he does not think had been thought through carefully. Building height on Main Street is of concern,too (not just Hall and 99W). He said it has been a long process and he agrees with 95 percent of the proposal, but he would like to see a couple of things addressed. Council President Wilson asked the staff or consultant to comment on the setback and building materials issues. Redevelopment Project Manager Farrelly commented on the setback concern. The original proposal was for a 10-foot setback. Higher scale buildings can create shadciws and a canyon-like effect. Having the setback would snake it seem less overwhelming for the pedestrian. In the development-example exercise,it was found that you would get the same effect by only being setback six feet and this would cause less concern with the way units are stacked. Also, there is the opportunity for the private,open space to be provided on that setback, so it would benefit the feasibility of development overall. Redevelopment Project Manager Farrelly said the consultants did not look at building materials other than there was no great feeling among the citizens that additional regulation was needed. The worst of the worst was prohibited,but a case could be made for being more strict Redevelopment Project Manager Fatrelly said the landscaping regulations did not have a lot of public input. The extent of the public input was to find a way to bring the green of Fanno Creek Park- throughout arkthroughout the downtown and requiring trees in parking lots was thought to be a good way of achieving this. Since the landscaping requirements are similar to what is being proposed for the rest of the City,it would up to the City Council to determine if the landscaping regulations should be taken through the public process. Redevelopment Project Manager Farrelly addressed the heights on Main Street. The City Center Advisory Commission hada lively discussion on this issue. He said he tried to make the case for going a little higher,but there was a strong feeling among many of the members that a three-story height limit would preserve that Main Street"feel"and what was expressed within the Tigard Downtown Improvement PIan. 5:31:39 PM Councilor Buehner asked if the landscaping portion could be deleted from the City Council's consideration tonight so it could go through die process. Redevelopment Project Manager Farrelly thought it could be deleted as Councilor Buehner suggested. TIGARD CITY COUNCIL-January 2G, 2010 Cite of Tigard 1 13125 SW Hal[Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 14 8:32:16 PM There was lengthy discussion on the proposed alternatives prior to consideration of the motion for City Council action. The meeting was recessed to give staff an opportunity to construct language,which was incorporated in the City Council motion below. 9:00:09 PM f. Mayor Dirksen closed the public hearing. g. Council Consideration: Motion by Councilor Buehner, seconded by Councilor Webb,to adopt Ordinance No. 10-02, selecting 'Option B language in the Hall/99W Subarea, selecting an=amended Option B on the Open Space Option,'including the errata changes (distributed by staff to the City Council),and deleting provisions relating to landscaping. ORDINANCE NO. 10-02—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2009-00003,DEVELOPMENT CODE AMENDMENT DCA 2009-00003, AND ZONING MAP AMENDMENT ZON 2009-00001,TO AMEND THE COMPREHENSIVE PLAN, ZONING MAP,AND DEVELOPMENT CODE LANGUAGE FOR PROPERTIES WITHIN THE TIGARD DOWNTOWN URBAN RENEWAL AREA AND PROPERTIES WITHIN THE CENTRAL BUSINESS DISTRICT COMPREHENSIVE PLAN DESIGNATION AS AMENDED: TO BE MODIFIED WITH 'OPTION B ON THE FIALL/99W SUB-AREA, AND 2OPTION B SO THAT PRIVATE OPEN SPACE PROVIDED TO A UNIT SHALL HAVE A MINIMUM OF 32 SQUARE FEET AND A MINIMUM DEPTH OF 4 FEET;TOTAL PRIVATE OPEN SPACE PROVIDED SHALL BE BASED ON 28 SQUARE FEET PER UNIT IN THE DEVELOPMENT;FURTHER THE ORDINANCE IS AMENDED TO INCLUDE THE CHANGES IN THE'ERRATA SHEET,AND THE"LANDSCAPE LANGUAGE (Section 18.610.020.B.5) IN THE PROPOSED ORDINANCE SHALL BE DELETED. The motion was approved by a unanianous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buelmer Yes Councilor Henderson Yes Councilor Webb Yes 'Option B—Hall 99W/Sub-Area Adopt the proposed code,including the compromise worked out with ODOT, and direct staff to develop code language to allow higher scale development in the 99W/Hall sub-area by instituting a trip cap, or other methods. • The City will coordinate with its regional partners. Staff/consultant time will be needed for a traffic impact study. The goal would be to bring the language back to Council in 6-8 months. Open Space Option B (Language as amended by City Council) 18.610.030.F.2. Mixed Use Buildings with Residential Units and Residential Only Multi-Family Developments TIGARD CITY COUNCIL—January 26, 2010 City of Tigard 13125 SW I-Iall Blvd.,Tigard,©R 97223 1 503-639-4171 1 Nvwx.tigard-or.gov J Page 10 of M a. Private Outdoor Space: For all residential-only buildings and inixed-use buildings with more than four residential units,private open space such as a private porch,a deck a balcony,a patio,an atrium, or other outdoor private area, shall be provided. 1. Total required private open space shall be based on an average of 28 square feet per unit in a development. 2. In order to be counted into the open space average, the private open space provided to a unit shall have a minimum of 32 square feet with a minunum depth of 4 feet 3. The private open space provided shall be contiguous widh the unit. 4. Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit. 5. Balconies may project up to a maxinnuihh of four feet into the public right-of-way. 'Errata Sheet Changes: Downtown Code Errata: p.13, Section C.2 An addition, expansion, enlargement, modification, and/or site improvements associated with such lawfully preexisting uses and structures shall be allowed provided the applieati application for such proposed project moves toward compliance with the applicable development code standards. p. 16, Section 4.b—"For applications using Track 3,variances and adjustments may be only be granted....." p. 22, Figure B.3, should read "Equipment set back nein. 5 feet." p. 27, Figure A.2-4 Residential (only) Building, c. should read "Max 4' balcony/deck projection" and Figure A.2-4 Commercial/mixed Use Building, d. should read "Max 4' balcony/deck projection." p. 35, Number 3—"Intent. Build upon and improve Downtown Tigard's architecture by creating an attractive and unified building facade that encourages ground floor activities, and creates s visually interesting facades and roofs." `LANDSCAPE LANGUAGE', (Section 18.610.020.B.5) IN THE PROPOSED ORDINANCE SI-LU.L BE DELETED S. apply to the semening and htndseaping of pai46ng afid!aiding areas! eel ing shah Be area,-an seape islands s.h,-_11 pi!oyide Ft m4iimtim of 1000 eubie feet of soil volume per ti!ee. 441is may he assumedeavefed soil ateas (see defif�dan) speei* designed to support reat growth. Soil depth win b t be di.ee feet. c.—T-47ee speetes 911--all be 'Iftge stature//braad spi!ea�a�matwity -aid chosen flem the T4ga±-d Street se 5 . e ff:figaah systefn. TIGARD CITY COUNCIL—January 26, 2010 Cit} of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of M 9:16:06 PM Councilor Buehner left the meeting 5. CONSIDER AN ORDINANCE REPEALING AND REPLACING TIGARD MUNICIPAL CODE (TNTC) 7.74, EMERGENCY OPERATIONS,TO ESTABLISH AN EMERGENCY DECLARATION PROCESS,TO ENABLE THE CITY TO ENACT TEMPORARY EMERGENCY MEASURES,AND TO FORMALIZE THE SUCCESSION PLAN a. Staff Report: Public Works Department Emergency Management/Safety Coordinator Lueck presented the staff report. The new Code language formalizes future emergency actions. The City established an.emergency program in the mid- 1980's. The Emergency Operations Plan was adopted in 1996 with an amendment adopted in 2005. Late last year, elected officials received training and during the process of putting the training together, staff discovered the current Tigard Municipal Code Chapter 7.74 was brief and liunited the City Council's emergency powers compared to surrounding jurisdictions. The proposed Code revisions incorporates the current acknowledgements and adds language to establish City emergency declaration processes and will give the Council and the City the authority to enact temporary emergency measures, such as curfews, evacuations, and street closures. The proposed Code amendments formalizes the City's executive succession plan,which was originally outline in the Emergency Plan. The City Council could choose not to adopt the proposed ordinance but without the proposed revised language,the City would continue to have limited ability to declare emergencies and impose temporary emergency measures. b. Council Discussion In response to a question fiom Councilor Webb, Emergency Management/Safety Coordinator Lueck advised this is primarily a housekeeping action to broaden the City Council's authority to enact temporary emergency measures and to formalize the succession plan. Councilor Webb said tis ordinance needs to be in order so we can communicate with other emergency responders. Mayor Dirk-sen commented that events over the Iast decade,both natural and manmade disasters,have identified a need for local governments to tape a more direct approach ith having a plan to deal with those kinds of events. F Ie advised that City of Tigard officials have participated in practice drills with Washington County,which is the primary emergency responder in tie area. The County identified specific problems in our Emergency Acton Plan. Since then,the have been making these types of improvements so the system would be truly functional if we should be faced with a real issue. Councilor Henderson said he just completed his CERT training in Beaverton. We really need to be in communication and practice would happen in the event of an emergency. The ordinance along with the proposed changes would give us leeway to review what needs to be done. He urged people within our conununity to go through the CERT training. TIGARD CITY COUNCIL— January 26, 2010 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wxvw.tigard-or.gov I Page Z2 of M C. Council Consideration Motion by Council President Wilson, seconded by Councilor Webb, to adopt 10-03. ORDINANCE NO. 10-03 —AN ORDINANCE ADOPTING COMPREHENSIVE PLAN ' AMENDMENT CPA2009-00003, DEVELOPMENT CODE AMENDMENT CDA2009-00005, AND ZONING MAP AMENDMENT ZON2009-00001 TO AMEND THE COMPREHENSIVE PLAN, ZONING MAP AND DEVELOPMENT CODE LANGUAGE FOR PROPERTIES WITHIN THE TIGARD DOWNTOWN URBAN RENEWAL AREA AND PROPERTIES WITH THE CENTRAL BUSINESS DISTRICT The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Absent Councilor Henderson Yes Councilor Webb Yes 6. COUNCIL LIAISON REPORTS Councilor Webb announced that Project Homeless Connect for Washington County will start at 9 a.m. tomorrow. This project extends services to those who are homeless. Last year more than 250 people received services and it is anticipated this inunber will be doubled this year. She will be attending and advised there will be about 300 volunteers working on this project. Councilor Henderson reminded everyone of the Tigard Transportation System Plan Update in the Library Community Room at 6:30 p.m. Mayor Dirksen advised that Bike Portland will have its monthly meeting at Max's Brew Pub tomorrow at 6:30 p.m. City Recorder Wheatley announced there will be a "Council Coffee" on February 6, 9 a.m. in the Tigard Public Library Common Area. Mayor Dirksen said this is an opportunity for citizens to informally meet with the Mayor and City Council members to chat or bring up issues or concerns. 7. NON AGENDA ITEMS: None S. - -CUTIVE SESSION; Not held. 9:25:09 PM 9:15 PNI 9. ADJOURNMENT Motion by Councilor Webb, seconded.by Councilor Webb, to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. TIGARD CITY COUNCIL—January 26, 2010 Cie y of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 %;,%v%v.tigard-or.gov J Page 13 of 14 Mayor Dirk-sen Yes Council President Wilson Yes Councilor Buchner Absent Councilor Henderson Yes Councilor Webb Yes o rLj Catherin Wheatley, City Recorder Attest: Ma `ity o Tigard Date: 2-7 /2 1AADMICATHYICCML0101100126 final,dac TIGARD CITY CO_UNCIL_—January 26, 2010 City of Tigard 1 13125 SSU Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 14 of 14