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CPA 14-84
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. COMPREHENSIVE PLAN CPA 14 -84 AMENDMENTS t. b A *r M r... a.m 8 q,,,e► LO LA A a, rd g 4 A I '+!& ''4,t I-. IA P.O. BOX 370 PHONE (503) 5 360 BEAVERTON, OREGON 97075 Legal Notice Advertising (� TJarsheet Notice 0 Duplicate Affidavit City of tigard P.O. Box 23397 Tigard, Oregon 972'3 Legal Notice 76180 iciteivED /qua 1 8 1983 CITY T1GAPD AFFIDAVIT OF PUBLIC PUBLIC RE.AING'NOTICE • The following will be considered .11 the Tigard Planning Commission on STATE OF OREGON, )c,„ August ;23, 1983 at 7 :30 P.M. at.the Tigard ;aol District Board Room, 13137 COUNTY OF WASHINGTON, ) frSW om the Him y, Tigard,Orego , Furthrt°''itafornoation may be obtained! k 1 ey from �t, Oregon, 223. or b ncngall and I)evelopnrent at ' 12755 SW AsAb Avenue, 1 Susan Pi:n 8 a being first duly sworn, depose and say tl' r l 9 , y calling fi8,9- -�Y71. y p 51 COMPREHENSIVE PLAN AMENDMENT DENT " °'�;' x, • aakota Oreein • Con- Director, or his principal clerk, of the doriniiums NPO:#7: ` Plan Amendment ".f ozm°Medi • , Dens p1 and 193.020• published at Tigard, as d� y to High Density .and nsi "re a newspaper of general circulation ` cil to alz,.vv.# a l P ..�. � Orr► �t n pttt.far a C� zelae 9 remand fz`ozi�•City °Coon qr, � � #7�i said county and state; that the Change fro A -12 to' A -20 aforesaid HEARING NOTICE located at104 SW North Dakota .F Mash. y Rem xiet�tiaY); an 6.58 acz'cs` Lot 0). 1S134DA Taac Lot 160). a printed copy of which is hereto annexe 3 O DYE t' ' ' "A ' 'ME T Map ZONE CHANGE 2C,$. ! VISLO s 7-83 Gallo ,inyar,d /Herb MoWt ette Builders .NPO #7 Qn entire issue of said newspaps4r for cA remand from City Councll to ow foz NPO # 7 "in .tit for a COmpreherzive consecutive in the fellow. issues; Plan Amendment ;troth Low Density to Medium ])ezisity Residential tiArt,zond Change from R -7 , (Single. Family Residential) to. P.5 .(Single Family Residem' tiEil). Also apptovat of a.22 lot Single. Family T,Residerttial Subdivi'don for 5,000, August 11 , :1983 ; •„ `a �1 gard Avenue, 5�� � #�, ` ots� On 3.38 oz's ° ooated : � Pi; 'Ti l �i'ea;.t and SW 1 Y3tla (�i'ash. Co Tax Map, ISY• 341�C Tax t 2900 ) 5.3 COMPRE HENSIvE PLAN AMEN DM ' , t t o't�. tirtNP #S 4.requestto amend p bli � ',11.4.2`Y �.4,2�d T1.4.2b xe,gardiag the 1P0 # 4 ° area In ',~ln n ,, dCllC d, $ m'P l entation Strategies document 5:4 ZONE CH� Z10$� R erg /Chapelle /SorensonlLarson/ Sollara/Zimmmerznan/Patecky NPO' #7 A request. for' a zone change from R -20 to R -10 °the: property is *designated LAW'' Subscribed and sworn, • be • re ' e this—Density located at 10570,10660,10600, 10630. 10750,10770 anci,10800 SW North - '280& 2900, 3000 31'30 .,200 Z °411 tTi ;I,ot3 2K'tIQ, 24 ®0,�.25Q0, 2604x .�700;i Daii�ota (Mash, Co, Tax Mao A,, 1\5.5�COMPRERE.:NSr PLAN AM`NDMEN Y , 3ZfiEA CIIAN6; Ew2C; 11-85 RaCiard Shrg#a 14130 � #t - + I 24 j A requests .a.:. Coraprehe!dsive 'Plan , Amendment from. Medllx n` "i ensity to ,High Den and a Zone Change front from A42 to A-40 Mild-Family residential .ioc;arhd at 1335 SW-Hall Blvd. Mash., Co: T I► a 2rfi1" i � ;;ot 1 �, 5.6 �qu .RE WN SIVE ` PLAN AMENDME �° A with City of Tigard to dpdatelheAComprehenslve Plan to comply, with L PC State de Pl ng l #5 considering an analysis of`Econo__.i" , Social �„ � Ys zno, Social .zi roranental kiid �Encrgy E) factors. Copies of the EESE Report are available for; revue' at ithe.. Tigard Public Library, 12!1568 SW Maic;, Street, Tigard, Oregon, \ " 5.7 ?iANNED 3EVEtPMENT `,CPD b Brtt� iy"wqusre - Vir� 7 A request y dint 21 Detclopineili a.vii . , ei a 66at ;dli:avi' .approved planned planned,developmetit in order to allow five 40-foot yard setbacks on all lots. Property Is located east of 135th Menus between.,S holis Ferrt:I(Oad and Walnut Street (Wash. co. Tax Map 1S1 33p, tax Lot 360 and Tax Map-181 33DC, Ta� � 1QQ, 300, 0 0, 40 0, and 500). 5.8 COMPREHENSIVE P IAN REVIEW OF'`' • PLdED 1rELtPMENr q a Meadows -PRO #7 *request by R Etiterprlses, rfc; for an° extension of time for approval of reliminary atiid General Plan Review of n planned development. The prop- erty ls,'located • i'ortheast of Vitt black Diaz'ntind Way (Wash. 'Co. Tax Map 1S1 4AD, Tax Lot 1600), '' rltten comments are encouitaged. ,Please submit written docunienits to All Director of Planning° & Development at the above address in advance of the, public hearing date, TT6180 —. Publish August 1983 e!.' Azzi....0. My Commission expires; Feb. AFFIDAVIT CITY OF TIGARD, OREGON ORDINANCE NO 84-tic AN ORDINANCE AMENDING VOLUME 1, RESOURCE DOCUMENT AND CHAPTER 18.84 OF VOLUME 3, THE DEVELOPMENT CODE ,�5,....C. GINALLY ADOPTED BY ORDINANCE 83 -52 AND DECLARING AN EMERGENCY -4 WHEREAS, the City of Tigard adopted a Comprehensive Plan for tame City by. Ordinance 83 -52 on November 9, 1983; and WHEREAS, Volume 1 -- Resource Document, Volume 2 Implementation Strategies, Volume 3 _M Community Floodplain and Wetlands Map were adopted as part of WHEREAS, the Comprehensive Plan was submitted to Development Commission (LCDC) on November 18, 1983; WHEREAS, the Land Conservation and Development Commiss{on ,acknowledgement on Goal ? 5 with In Order to Comply Statements; aid WHEREAS, public ubl.ic hearing was held before the Planning commission oU June 1984. . to consider the In Order to Comply Statements and a recommendation was made to the City Council; and WHERE AS , a P' ublic 'heating vas held before the City Council on June 25, 1984, �.. for Council consideration of the Planning Commission's recommendations; and Wh�,REAS , Ordinance rdnance No. 84 -36 was adopted by the City Council on July 25, 1984; - Findings, Policies and Development Code and the the Comprehensive Plan; avad the Land Conservation and and held an and WHEREAS, on June 25, 1984, 'the City Council directed staff to initiate ,a Com p reunsive Plan Amendment to consider the inclusion of the Ravine at 108 /113th as. a significant wetlands area; and R .A.S a public g g on July 10, � l:tc hear;n .was. held. before the Planning Commission 198 to consider including the Ravine at 108 /113th as a significant wetlands area, and to consider an etceptions proceso for development near he ravines; and '��ERE .��� -�- AS, a pu c hearing vas held before the City for Council consideration of planning Commission's recommendations of the Planning Commission's recommendations . gE CITY OF T/CARD ORDAINS AS FOLLOWS "Vr�I�.trl�o 1 - Ordinance 83-52 is am ded, to revive page 1-42 of R eso ter .'c�# e Documert of the Comprehensive Plan to include a list Council on July 23, 1 84, Section 1: wj designated as significant vet,lands to be r " �, �; added in �.nder�.in� =�11 . c as to �e of those a . �1 a �� Specistl belotr and viii be inserted at the begittn..ng of C Are40�'��. tot cted and preserved. Language to ...�...., U ,DIVAN &' T "Protect the areas designated as significant wetlands on the Floodp..ain and Wetlands map and prohibit conflicting use;" on those sites. The sites designated as significant = ;etlands are Summer Creek Floodplain and Riparian Forest Krueger Creek Summer Creek Floodplain and Riparian Forest at the east end of SW 135th Fauna Creek north of North Dakota Ravine at SW 108/113 north of Tualatin River, below_ 150' in elevation... Section Z: Chapter 18.84 of the Community Development Code shall be Sec. . Language to be added amended by adding a Section 18.84.045. Y underlined below and will be ins' ed after section 18.84.040 D 4. "18.84.045 = lm 0t ,212 e tiols cr Dev�ope nt in t h,ir�l. l3th Ravine S gn fican Wetlands Areas. A. Under the Senstive Lands Pe process,' the Hearings Officer may allow r2ns of the Ravine at 108th and 113th design at a significant wetlands area to provided that all of the followin, criteria are met. All of the land within' the rav ine) being considered for 1. de a m is at less than 25% slope. 2. There are no unstable soil conditions on the land being considered for de velopment. w �„ shall be 3. The provisions: of chapter 18150 TREE REMOV ..net." Section 3. ordinance to become effectiv. with ht the other sammendmentsthrelatin to Goal 5, an e r is y , and. this ordinance shall effective �iarg��n�,y hereby declared to exis t become effective tive on July 25, 1984 • r at,- members present after PASSED: EY 1,J 1 ;� vote of all Council by number - and title only, this day of % o eir�g ''� read y 1984. APPROVED'', t Th1s APP OVER A S TO £o a City Attorney ORDINANCE NC. 84- 2 In I 411!1 0010r.aa° 'Deputy City Recorder - City of Tigard 1984. City o f Tigard Polity 6.3.1, which states the City shall direct its land use ,action toward the maintairtence and the improvement of the established residential areas. 4 Policy 6,3.3, which 'e states that all phases of the development approval process in a residential established area, primary consideration of the City shall be to preserve and enchance the character of the adjacent established areas. Motion carried three to two Commissioners Moen, Peterson and Fyre voting yes, Commissioners Bergmann and Leverett voting no (Commissioner Owens abstained as she was not present for the entire hearing.) 5.4 COAL # 5 SICNIFICA+NT WEITLAND8 AREAS CPA 14 -84 Associate Planner Newton made staff's recn ,.:liendation to amend Chapter 18.84 of the Community Development Code to include' a new Section 18.84.045 Exceptions for Development in the 108th/113th " Ravine significant Wetlands Area. PUBLIC TESTIMONY o Elton Phillips, /6565 SW 108th, opposed staff''u recommendation stating that the maps fov ,t area were incorrect. PUBLIC HEARING CLOSED PLANNING COMMIS°TON DISCUSSION AND ACTION o Discussion followed regarding how floodplain is determined and how would impact Mr. Phillip's property • o Discussio n regarding criteria number three. and add Bergmann seconded to Peterson m, to 8 �ved anti Commissioner Ber ann seco o word Commissioner elation to City Council t add the followin section: P ment in the 1ta�.,th% li3th Ravine. 18.84.045 �c D45- Exceptions for Develop significant Wetlands Area. Sensitive Lands Permit process, the A. Hearings h Officer may allow portions of the Ravine at 108th and 113th designated as a significant we.tieinds areas to development provided that all of the following criteria are met 14 All of the land (vi thin the ravine: ) being considered for de',el,opmen.t is at less than 25% s 1op le There are no unstable soil conditions on the land being considered for development. nixing Co as on Minutes ally >;10, 1984 ge. Li 3. Must comply with the tree cutting ordinance section. Motion carried unanimously by Commissioners present. 5.5 'GOAL 11 1.6 MgDIDMHIGt,bENSITY RESIDENTIAL TONING DISTRICT CPA 14 --84 o Associate Planner Newton made staff's recommendation to take testimony on increasing the number of units permitted in the medium density zone from 20 to 25 and to forward a favorable recommendation to City Council. PUBLIC TESTIMONY o No one, appeared to speak. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND A TION o Commissioner Owens moved and Commissioner Pyre seconded to forward CPA 14 -84 to the City Council with a recomm:- ndation to increase the Medium High Density from 20 to 25 units per acs'. Motion carried unanimously by Commissioners present. 5.6 CPA 18 -84 POLICY 6 3.2 a Associate Planner Newton made the staff recommendation to amend Policy 6.3.2 b and the compatibility matrix to enable staff to administer this policy effectively' PUBLIC TESTIMONY o No one appeared sple.ak. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Commissioner Owens movd g to foward Commissioner Bergmann seconded t a recommendation of approval to amend ,Policy 6.3,2 b and the compat'Iblity matrix per Staff's recommendation. Motion carried unanimously by Commissioners present. 5,7 ZOA CHANCES TO THE COMMUNITY DEVELOPMENT CODE. 5.8 SUBDIVISION S 8 -84 an VARIANCE 11-84 SANDLEWOOD PARK NPO 1/ P avain Commas . r n Minutes ' July ,0, x, 984 .Page 10 TO: FROM SUBJECT:. Planning Commission Planning Staff coal #5 . , MEMORANDUM CITY OF TIGARRD Agenda Item 5.4 July 10, 1984 On June 12, 1984, the Planning Commission voted to submit staff's recommendation to City Council on Goal #5 issues with a modification. (See minutes attached). On June 25, 1984, the City Council held a public hearing on Goal #5 Issues. Mr. Elton Phillips spoke at the hearing regarding the ravine at 108th and 113th in the Tualatin River Floodplain. Mr. Phillips is concerned that althour,h the ravine is worth protectiug , the 150 foot elevation g SEE document (copy attached) may be excessive. mark designated in he E � � e Mr` Phillips contends t.kat land below the 150 foot elevation mark on his property is buildable. Th't City Council, after some discussion, adopted an ordinance (copy attached) which omitted the ravine as a significant area and directed staff to take the issue back to the Planning Comi.tission for discussion. Staff feels that the ravine protected, however, perhaps an Sensitive Lands Section' of the only under certain circumstances areas of less than 257 slope, vegetation. ar e ea. Ice • below the 150 foot ele,ration should be tallow s rovision should be included in the e dvelopmeiat in the ravit a area The exception should only be granted to with stable soils and based on natural STAFF RECOMMENDATION The purpose of this protecting . the ravine at 108th and 113th was to protect the wetland area which is characterized by steep slopes and m,r;trshey areas, Allowing exceptions for land below the 150 feet elevation uhia,' . are not steep charactized by unstable soils would not be contrary to the interest of protecting tie resource. Staff recommends that an exception process be allowed for land within the ravine area which meets cerLat.n criteria. The E,SEE document would be arneuded as shown on attached Exhibit "A'' In addition,, Chapter 18.84 of the Community Development Code should ',fie to include a new Section 18.84.045 as follows' 8.84.045 E ce t ors for De p /113th µ..W �_.a... Ravine ..ant, �,� �ne��t �,��r the ..�:1�8�1� :�a;r� one s��. t�.� � �, etlands Arena ' ., ,..AIM � .,..,..,. �_ _:. ....., ................. '.. A. Under' the Sensitive Lands Permit process, the Hearings Officer may allow portions of the Ravine at 108th and 113th designated as a '. significant oetlands area to develop provided ' that all of the following criteria are met. • All of the land (within the ravine) being +:onsi.derpd for development is at less than 25% slope. . There are no unstable (soil conditions on the land being considered for development • There are no trees on the lance being considered for development which are over 20" in caliper ,measured at 4 feet above ground level. Agenda Item 5.5 File: CPA 14 -84 Planning Commission Mtg. July 10, 1984 MEMORANDUM' CITY OF TIGARD, OREGON TO: Planning Commission FROM Planning Staff SUBJECT: Medium High Density Residential Zoning District July 6, 1984 At the June 12, 1984, Planning Commission meeting, the Planning, Commission voted to recommend staff's alternative # 2 on meeting the 10 units per acre to Cit y council (minutes attached) Staff's alternative number two increasing the number of units allowed in the Medium High Residential Zone from 20 to 25 units per acre,. In addition, the zoning d st•ri .t would be redesignated from R -20 to R•-25• At the June 25, 1984, City Council meeting the City Council passed a resolution (copy attached) directing staff to initiate the Comprehensive Plan Amendment process to consider increasing the number of units allowed in the R -20 zoning district designat;:'n fro 20 to 25 units per acre. Council further directed that a public hearing; be held on July 10, 1984, before the Planning commission to consider, public testimony on the issue. It should, be noted that at the June 25, 1984, City Council meeting, the Homebuilders Association of Metropolitan Portland proposed an additional alternative. Their alternative was to increase the number of units perm. tt;ed in the medium density residential zone from 20 to 24 units per are and reduce the minimum in size in, the R 4,5 zone from 7,500 square feet to 7,000 square feet. Pour of the Council members did not favor this alternative, however, as they felt the reduction in lot sizes from, 7,500 to 7,000 square feet impacted rn. too man, establi��a hed neighborhoods. Councilor Edin and the Planning Director stated at the Council meeting that they could support the liomebuilders proposal n 5 q 41 feet would ro ,sal. and that the difference between 7, 00 and 7,000 s u <.,re probably not be perceived by existing testdents M STAFF RECOMMENDATION: Staff recommends' that the Planning Commission take testimony on number of units permitted in the medium density one from 20 to! a favorable recommendation to the City Council, a . cr 0 0. U) !A esdaay, • Ju y`,10, 19 Room, 1080 SW1Walii troatitte l# 44.'11 OR 9722$, or by r ltr gar 0' a ti 4, at 7 :30 'P.M, V'P t, Tigard, Oregon; FL anliii t nd ev`e .lApt. 5394171, fi, , r <, ,e, :PUBLIC H AR '.AaEN EN,L: rreliepstve lPla + iiuig , a.,, b d ral.aiii t.0;,, Zones iYge;4 { -3.5 es— Identla1 9 omJai. :enera1). Located: x0500, .13370, 13450, catkins Aik . lgard, tPO.:# 3. ( 'i 2Slt DAI 4700, tir.'4. WCTM Si 3Miof `200). » T4 . r 1r,% . , ' i s • ta i .t. ,. "8f Tl !"dutd're lew.Gori ;#,°.5 WOrder.10` comp' ... Oriiiiiiihi iiiidvet*AdsuattitatItr.-004s Ide„ntitietiUn t `e ai it ie iibr the orniii'mb sl Olifig' '" i r ..; fi .c) Iv 4 1P1 P4.." a. WAME lEN TrAi1 /41.4 -841GOAT..'4* 10 ,,,,, -,4 l', ofi.T,llgard to ,toorea Lt ie." tai *.ix m uinn'af►tinibr` Of wilts 0 IiiithetotitnitAisttiet tesfgngtOO# ieVieti` ili.. High enity;l1eId4atia1 Plitif desigation torn 1.3 - i i R-20 o.• 1-25: 4,4214:.,,,4 ,1„:, *r,S 6 ;lilt ,t,,3 4,k..:: Y to ' CI) W CCDD, 0) CO a) 0 CO U C0 CO 0 V 0 0 Puy 5 (D 0. A 0 0 0 0- 0 cD 0 w a) k CD 9- U cr V gin' 0 a. _. • CD n c0 dbo 0 ca C) IV,10 -' p, 0 0 m D o 5 < 1/44 . . f!9 E• -0 CD Clomp.' 0 0 -5"P 14 c7) SG 0. n p'C r, -m0 7C ca • CD 0) ▪ P3▪ 1-11`.+7 p p A.R- 3 o Na) = cc) co o W m Ii CD o ©-1 zFT� 0 0 `h 0 co 0 o 0 z cn m 0 -o W. C) 0 z aer 1ntormatlo>a may be obtained Alt 177555 aA Arte� 'l t`CI, Q W Bp!5}N 9W3! trt z r 0 0 sy 0 W Oti laort the heed for act 'e in n min 131 opter 13144. 1Ew' .pPLr'tATto trS, .FO ►1ti'1'MEgT 1003 0 u l�itbiXl ll un fig, ttiraOP E w �n w L; to i1iflunTty l[ ,e� 1 pme t Cod amend. ' s I stop a� 'In r� 13 00 050 L t X130" ' C ondlt otto ist to bents+ i!tb ar it eote� :l1'� to -SIt+e +e etcip tae its a ie , Ctr't'18.120) to eflth ,late W' pilaw ng 'ond tonal e ' p royal; azt t ► tab - to x it li` rUetn Wthat ro4 �''evle t under 28,1034 94, at 7:30 P. Tigard, Otego iti,t140,10e141 in 639-0741 N:11:iia!UBLICl/gAli p, C) CD C CD Fir CD 0 CO toCD (1) • co - C co 0 CD ▪ 0. CD • V CD - CD • * CD 0 —1 P CD a) C•) 0 V =a) CD x CD 0. CD V Fr" CD a CD go co 0 cr 0 r) to zi cl EP, cn it 0 'I:I frd m 0 P. 1-C rn > 0 1-1 CD 2. 0 z Cl) a. tCD CD a 5' 0 cm -71 0 r 0 0 5431,ng,C(Iattilitit* -;r 41116)01104 " ilted ormatton may be ' 9 %W UZ55SW Ash Ayel 114,4;tli W.614i; CITY OF TICARD P 0 BOX 23397 O 0 40 d'8 ; rntrb 77, *'D0Ait Loodiat 100k.'13370k,13450i .ittkvgardNpo #3 (WanCtitItnAltag'iltik, viCryi S1. 3tOlot 200),i-43 041mgtocpx14,g4 '-aluvtg 5 ;14'e. tirP, "tigtiblY16.4ttifelkladarist 5L Order Itethiroft ltdAd4et104041attikallartitikAiWidelitillollAft,A ,thettoroohlieitveztio, ,yz.idat : NDMENTtR \4-84,00iitt416., 4,dAdilltottaieft4ktrtatitirnti-illititbet Ottiilitg • s'Alty.tAsidoUtd Plan designation from la-, Aln#41isttlor dettill4titivi1 001itietturn. I !. 441 P PO• -0; ixoatotit- tigtoPictijd.- 1:417,„1, - rntattaity Development code Arnold- 14,10.0501; to .toinedittitiAtief P.,4610 'f-SitAbe$1oD.rnh'itOte.iofe*"(thA8:120Yt'ait'hiiksia' 0'0,tcollOOlig.cd,O41AAtittlettipbrAvAh,Antl rtd,ettab.. for ,acessory struttus..,,.thAft.Attlitie,YO,"it* Aftddt... 'OR RECOMMENDATION TO Ctri,COUNC4,,,VOlt iflcIttderq' the 11,0,redialnyjOint um Chapter )314t liSti t a1d r. 'a 1,44. UVIEWppLIkTJO APPO Treoo 09 C.10. INITIATING THE COMPREHENSIVE PLAN AMENDMENT PROCESS TO CONSIDER INCREASING THE NUMBER OF UNITS ALLOWED IN THE R -20 ZONE FROH 20 TO 25 UNITS PER ACRE. WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by,, Ordinance 83 -52 on November 9, 1983; and WHEREAS, the Comprehensive Plan Baas submitted to the Land Conservation and Development Commission (LCDC) on November 18, 1983; and WHEREAS, the 'Land Conservation and Development: Commission held an acknowledgement ,hearing of Tigard's 'Comprehensive Plata on April 26, 1984, and t 98i' LCDC �,c ring, the Commission voted to continue WHEREAS, at the April. 26, ,. , acknowledgement on Goal #10 ',using, because the City of Tigard does not meet the Metropolitan Housing Rule requiring 10 units per acre; and WHEREAS, a public hearing was held before the Planning Commission on June 12,•'' x,984, to consider the In Order to Comply Statements and a recorunettdatibn was made to the City Council and p held before the City Council on June 25, 1984, WHEREAS, � public hearing was het for Count: Ll cocas ideratio 'i of the Planning Commission's recommendation. NOW, THEREFORE, tE IT RESOLVED, by the city of *Tigard, as follows 1. The Tigard City Council directs the staff to initiate the . Comprehensive Plan Amendment Process to consider increasing the number of units allowed in the R -20 zoning district desigc'tation from 20 to 25 units per ;acre 2 A Public hearing shall be held on July 10, 1984, before the City of Tigard ptannLr Commission, The public c hearing 'd hall under the Provisions set forth in Cha pter 1$ 30 of the ComiLunity Develb P men t Code,, PASSED: By the City Council on the ATT T ty Citi" Recorde c - Cii RE SO UT ION N0, 4- Goal Is 10 In Order to Comply Statement 11'10 EXHIBIT L CITY OF TIGARD, OREGON JRDINANCE NO C ANI EXEMPTIONS FOR AN ORDINANCE AMENDING CHAPTER i.$.1: °d0 CdNUi1I0NAL, USE, TO CEI MANUFACTURED HOME SUBDIVISIONS AND MANUFACTURED' HOME "PARKS 70 THE 1- ROVISIONS, OF SECTICN 18.130.040 OF THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY. (CPA 14-84) WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by Ordinance 83-52 on November 9, 1983; and WHEREAS, the Community Development Code was adopted as e part of the Comprehensive Plan and WHEREAS, the Comprehensive Plan was submitted to the Land Conservation and Development Commission (LCDC) on November 18, 1983 and WHEREAS, the Land Conservation and Development Commission held an acknowledgement hearing on Tigardrs Comprehensive Plan on April 26, 1984; and WHFR AS at the April 26, 1984, LCDC Hearing, the Commission voted to continue acknowledgement on Goal #10 with In Order to Comply Statements; and WHEREAS,, a public hearing was held before the Planning Commission n 12, on June p y recommendation was 19$4„ to cons�.der. the In Order to Comply Statements and, a reco made'' to the City Council; and WHEREAS, a public hearing was held before the City Council on June 25, 1984, for Council consideration of the Planning Commission''" recommendations. NOW, THEREFORE, THE CITY OP TIGARD ORDAINS AS FOLLOWS Section 1. Section 18.130.040 A.1 of the Community Development Code shall be amended to delete subsection b. as set forth belour. Language to be deleted is shown in [brackets 1. The site size and dimensions provide • [Al adequate area for the needs of the proposed use,[ ;l q des.gn treatment to 'Ade uate area for aesthetic mitigate possible adverse effect from t'he u.se on surruun.ding properties and u:es. 1 iection 2w Section 18.130`040 hall be amended, to. add, Section D.,, as sets' forth be aw. L nguage tit be added is •un .0.0.0d W anu act`ured. rme : „end h1a at e u home ubd rti s:iort ate e. reri pt`..,. from t'he..`. ptov�s on o[ 18 130.040(C) abov, Hanulacte r.ed ..,,Nome Subd vis ions, ate subec_,, ..to apppr+a1 unde the► s.pns of • h a p r • 60. CSUSi ION.anuacut €Me Gub.jet to �a,pprov. 8 12+ C S 1T1 DEVELOP • tANt 14" 8�+ Pa 1 under tote; EWi 1 sari Section 3:, In order that the Community Development Code may comply with LCDC regulations, to improve the operation and implementation of the Code and to protect the public health, safety and welfare, an emergency is hereby declared to exist and this ordinance shall become effective upon a.ts. passage by the Council and approved Y roved b the M4. or. PASSED: By h ei.r, i woo r..L5 vote of all Council members present after being read by number and title only this 1hday of "�,, �, -� 1984• //'Lcputy Recorder itV of Tigard Tigard t, l I Y Oh 1 1 C AR U, o k E C,O, , Goal 10 In Order to Comply Statement /t5 ORDINANCE NO 84 ,'")'.1g. EXHIBIT I AN GRD1NANCE AMENDING POLICY 6.1.2, SUBSIDIZED HOUSING DISPERSAL IN SINGLE FAMMY ZONES, AND - POLICY 12:1.1,; RESIDENTIAL LOCA'rIUNAL CRITERIA, AND DECLARING AN EMERGENCY. (CPA 14 -84) WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by Ordinance 83-52 on November 9, 1983; and WHEREAS, Volume 2 ~ Findings, Policies and Implementation Strategies was adopted s p,rt of the Comprehensive Plan; and WHEREAS, the Comprehensive Plan was submitted t.o the Lend Conservation and elo ment Commission (LCDC) on'' November 18, 1.98 3; and Dev i p WHEREAS, the Land Conservation and Development Commission held an acknowledgement hearing on Tigard's Comprehensive Plan on April 26, 1984; and WHEREAS, at the April 26, 1984, LCDC Hearing, the Commission voted to Continue acknowledgement on Goal #5 with In Order to Comply S`atements; and WHEREAS, Policy 6.1.2 was amended by Ordinance No. 84-29 on May 14, 1984; and WHEREAS, a public hearing was held, before the Planning Cammi ssion on June 12, 1984 to consider the In Order to Comply Statements and a recommendat ion was made to the City Council ;, and WHEREAS, a pubi.i.c hearing was held before the City' Council on June 25, 1984, zoo Counr. L1 consideration of the Planning Commission's recommendations. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS Section It Policy 6.1.2 shall be amended as set forth below. Language to be added is underlined. Language to be del ted is in [brackets 1 . 'i6.1.2 [SUBSIDIZED HOUSING UNITS SHALL CONFORM TO ALL APPLICABLE DEVELOPMENT STANDARD'S, TO PREVENT ' THE GEOGRAPHIC' CONCENTRATION OF PUBLIC ROUSING AND INSURE A BALANCE iN THE DISTRIBUTION OF SUCH HOUSING, THE MINIMUM DISTANCE BETWEEN, SUBSIDIZED HOUSING UNITS' LOCATED' WITHIN ANY FAMILY ZONING, DISTRICT SHALL HE FIVE TIME T HE I M LOT WIDTH ON r�r ,. ONS Off` ANY STREET IN THE DEVELOPMENT. } TO. A OID, CONC;ENTRATI SUlSIDIZ,ED HOUSING: IN SINGLE FAMILY ZONED. .DISTRIC:TS, THE O CRITERIA IN SECTION 4. . . LC�CATtC���AL, TICS OF POLICY l2 1.,1 SHALL, BE APP IED .. tH N. S I #G SUBSIDIZED HOUSING kOJECTS.. N:.�.. iNr � � DISTRICTS. _ THE L AN ANY HOUSING DEVE 1tAt"tarLY , EC�NING DH�SING" SHALL �E POSES OF THIS 'POL DEVELOPED OR t "EEi.M SUi�.S.IDI�E O �. 'INANCIAL ASSISTANCE OF THE U.S. DEPARTMENT �C:ONSIkUCIE1�� W1T�kl 1 OF HOUSING AND [OR] URBAN DEVELOPMENT AND THE. STATE OF ORECON OWNED AND MAINTAINED B A NON::.P'RO'I'f *;. 1'..., [ PRIVATE]: �, � U.AS1 �UBL' " `"RN EN`1 At1ENCY. �. Olt CaC1�E M tk11�lNC:E r.(.1 8r.,, a Section 1 ` Policy 12.1.. shall be amended to ado a Section . as set forth below. Language to be added is underlined. it Subsidized; Housing in Single Family Zoning Districts "A. The following tactors will be the determinants for locati .subsidized housin as defined in Policy 6.1.2, in single family zoning districts.; units '(1) _...nits should be located within one mile of an elementary school. .� " (2) All units ` possible, should, if be within 1/4 mile of a route of public transit. "(3) Additional subsidized units should be encoua aged i.n areas which exhibit a lower- than - average level of subsidy and medium-to-low level of_povert ' "(4) No more tsr1an 30 percent of the units in a development of 10 units or more shall be subsidized. "(5) No more than two subsidized housing units shall, ad joi.n., Section 3: In order that the Community Development Code may comply with g improve the operation and implementation LCDC regulations, ions , t�� improve public , Y of the Code and to protect the ublic health, t safety this and welfare, an emergency is hereby declared to eist shall become effective upon its passage by the Council and approved by :.he Mayor: PASSED: By present of all Council members resent after being read by number .and title only this day of 1984, Deputy - g ut� Recorder Cit y of Tigard APPROVED: This ray of 1984. 0476p) hayor City of Tigard NANCE Ni' 84. Page I Goal #10 In Order to Comply Statement #12 EXHIBIT' Ir1 CITY (JIB TIGARD, OREGON ORDINANCE NO 84 -r AN ORDINANCE AMENDING CHAPTER 180120 SITE DEVELOPMENT REVIEW TO ALLOW EXCEPTIONS TO THE PRIVATE OUTDOOR AREA AND SHARED .CIUTDOOP RECREATION AREAS REQUIREMENTS, AND DECLARING AN EMERGENCY. (CPA 14-84) WHEREAS, the, City of Tigard adopted a Comprehensive Plan for the City by Ordinance 83 -52 on November 9, 1983; and WHEREAS, the Communtty Development Code was adop ted as a part of the Comprehensive' Plan; and `WHEREAS the Comprehensive Plan was submitted to the Land Conservation and Development Commission (LCDC) on November 18, 1983; and WHEREAS, the Land Conservation and ' Development Commission held an acknowledgement hearing on Tigdrd's' Comprehensive Plan on April 26, 1984; and 'WHEREAS, April 26, 1984, LCDC Hearing, the ■Commission voted to continue ,. HE' at the g Comply Statements; and acknowledgement on Goal.. #10 with In Order to Com WHEREAS, a 'public nearing was hLLd before the Planning Commission on Junky 12, 1984, to consider the In Order to Comply StatPrents and a recommendation was made to the City Council; and WHEREAS, a public hearing was held before the City Council on June 25, 1984, ' for Council consideration of the Planning Commission's recommendations.. NOW, THERIFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS Section 1. Section 18.120• 170 of the Community Development Code shall be amended to add a new Section C as set forth below. Languages to be added is underlined. Language to be deleted is tbracketed J The Director , may grant . an exception or deduction to the Private Outdoor Ares and Shared Outdoor Recreation Areas Requirements Provided th aj;plication is. for, __a use designed. p 'purpose . ' P� "pent in for a set.�.fic ur ose kahic�h is intenrle�� to esmrl nature (for edam le senior citizens h � u�:tg) andrNw h � rh can demonstrate, a reduced cemard for Private Outdoor Rtc rea i. Area based on an yone or more of the There is direct access by a pedestrian path, _ not exceeding on -ar a r ear mile) ,te frOrtiosed deve l ment to Public o pen ee _ or recreation areas which which may be used by residents of the development. ., �tent pr o c e motor vehicle which : is Thy develo �,ii p , rates wh available on a E l i = e bas it t trans or>w residents o f w > p : t..t ; Public p . P :. e�n s ace or recreation Ole de�relo men1,. to u�l�.c o area's. ORDINnNCE, NO. 84 , ' page U 7. The required square footage of either the Private Outdoor Area or the Shared Outdoor Recreation Area ma. be reduced if together the two areas e ual or exceed the combined standard for both. " C.) D. The Director shall grant an exception to the landscaping requirements of this code, Section 18.120.150, upon finding that the overall landscape plan provides for a least 20 percent of the gross site to be landscaped. "[D.] E. The Dir c "or`s derision may be - spealed as provided by 18.32.310(A). No notice of the Director's decision need be given." Section 2: Tnasmuch as it is necessary for the peace, health, and safety c,€ the people of the City of Tigard that this amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage by the Council and approval by the Mayor. PASSED: By vote of all Council members present after afte r being read by number ,and t itle only this 577 1-day of L s1`84. APPROVED: This S `T� day (04768) bepu:y Recorder -. City of Tigard Lk ORDINANCE. NCB.; 84 pa; 1984. or _ City of Tigard' i1, ULULL; LO k,OMJLY JLdLeatteuLS EXHIBIT E CITY OF TIGARD, OREGON ORDINANCE NO. 84 AN ORDINANCE AMENDING AND REVISING THE FLOODPLAIN AND WETLANDS MAP AND AMENDING VOLUMES 1, 2 AND 3 OF THE COMPREHENSIVE PLAN ,AS 'ORIGINALLY ADOPTED BY � EFFECTIVE DATE. (CPA 14-84) ORDINANCE 83-52 AND SETTING AN WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by Ordinance 8:; -52 on November 9, 1983; and WHEREAS, Volume 1 Resource Document, Volume 2 - Findings, Policies and Implementation Strategies, Volume 3 Community Development Code and the Floodplain and Wetlands Map were adopted as part of the Comprehensive Plan; and WHEREAS, the Comprehensive Plan was suh.`iitted to the Land Conservation and Development Commission (LCDC) on November 18, 1983; and WHEREAS, the Land Conservation and Development Commission held an acknowledgement hearing on Tigard's Comprehensive Plan on April 26, , 1984; and WHEREAS, at the April 26, 1984, LCDC Hearing, the Commission voted to con+:inue acknowledgement on Goal #5 with I n Order to Comply Statements; ts; and WHEREAS, a public hearing was. held before the Planning Commission on June 12, 1984 to consider the In Order to Comply Statements and a recommendation was made co the City Council; and. WHEREAS, a pubii.c hearing w City o June 25, 1984, g asc held before the t,�.t Council on Planning Commission's recommendations. for Council consa�.deratx.on of 'the. Plan�h�. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS I iLLOWS Section 1: Ordinance 84 -28 as it amended Ordinance 83-52 is hereby amended ' Ordinance 84-28 is hereby amended by revising the Floodplain and Wetlands Map as setforth in attached Exhibit . . areas as significant "��u to designate five specific g r.�sa�urces ., the Creek Floodplain and P Riparian Forest Krueger Creek, the Summer Creek Floodplain Those .areas are: thw Summer r east. en and Riparian Forest at the end of SW 135th, Fanno Creek t_. north o! North Dako and the 108/113 Tualatin Floodplain Ravine. Ravine.' t - revise page 1- 42 of Volume l -, Section 2i - � . Ordinance 8 '3 =52 �.s amended to Resource Document of the Comprehensive Plan to include a �g Mg � is to be of those a yeas to be designated as s� ih�I.cant wetlands t. protected and preserved. Language to be added is underlined nedu p nd reserved below and will be inserted at the beginning of '�C.7 gpecial :Areas", DRDLNANCE NO 84 : ' Page I, "Protect the areas designated as signit cant wetlands on the Fioodplain and Wetlands map and prohibit conflicting uses on those sites. The sites designated as significant wetlands are Summer Creek Floodpaain and Ri arian Forest KruegerCreekkFloo Summer lai.n and Riparian Forest at the SW 135th end rfL east en v Fanno Creek north of North Dakota "Recognize the areas identified in Appendix 1 of the document si nficant wetlands,. drainageways and creeks. Allow conflicting uses as idenl:if i ed i Ap n, pendix I with limitations Require as part of the Site Development Review process a showing of Goal #5 compliance: by_that development which would have a sing ificant impact on the protected areas as listed 1)04',0w: Tigard /Tualatin Fanno Creek Marsh and F1ood./ain Tualatin River Flood lain west of Cook Park Fanno Creek Park /Main Street Fanno Creek, Hall/ Bonita Bonita Durham" on 3: Policy 3.5.3 in Volume 2 - Findings, policies and Section Implementation Strategies shall be amended as setforth b4lew. Items to he added are underlined, items to be deleted are shown in (brackets] "3,,5.3 THE CITY (SHALL DESIGNATE] HAS DESIGNATED THE 100--YEAR FLOODPLAIN OF 1°ANNO CREEK, IT'S TRIBUTARIES, AND THE TUALATIN RIVER AS GREENWAY, WHICH WILL BE THE BACKBONE OF THE OPEN-SPACE SYSTEM." Section :: Section 18.8.010 of the Community Development Code shall be C. Subsequent sect.i ms shall amended by adding a new Section C Subsequ be renumbered. Items to be added are underlined items to be deleted 4cre .shown in (brackets]. :-- Development it prohibited within all areas designated as s igni,cicant wetlands on the F1oodla:in and Wetlands Ma . nevc10 went on , :o,ert ad'acent to si:nificant 'Wetlands shall be done under the planned development section of the Community Peve1,0 mutt Code. In addition, .._ no p�o �ertY . ,. ad � y acent • g d. evel moment s. hag1 occur on to a eas nated as si nificant wetlands an the FLood lal.n and Wet lands with in 25 faet of t e designated wetlands area: ' C.) Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited tin sensitive land areas. CD. . established p p this Code,, which A use es .shed r:�or to the adoption of t prohibited y Chapter which would be subject G tou the b limitations and controls imposed wlt� by this Chapter shall be considered a nonconforming use. No conforming; uses shall be subject to the provisions of Chapter 18.132 of this Ce4 " O tDINANC NO. $4 Page ti Section 5: Policy 3.1.1 in Volume 2 Implementation Strategies shall be amended as setforth below Items to be added are underlined HAVING THE FOLLOWING 013.1.1 THE CITY SHALL NOT ALLOW IN AREAS ING CAN BE SHOWN DEVELOPMENT' LIMITATIONS EXCEPT WHERE THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQQUUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE SUITABLE FOR THE PROPOSED DEVELOPMENT[:) (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED SIGN tC WETLANDS ON THE FLOODPiAIN AND WETLANDS MAP. ) Findings, Policies and Section 6: Section Subs ections "a1" through Amend Volume 2 " will remain unchanged. Findings, Policies and Implementation Strategies Document adding _ a Policy 3.2.4 as setforth below. Language to be added is underlined. THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS WETLANDS ON THE FLOODPLAON 'JE�SIGNATED AS SIGNIFICANT ,SET .��.�.. -- SEiALL AND WETLANDS MAP. NO DIEVELOPMENT iR TY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FL0�7DPLA� DESIGNATED WETLANDS T1 ENTY FIVE (25) FEET 'Jr THE DES IGN O S IGNIFI. WETLANDS ON PROPERTY AD.�ACENT .� ._._, AREA. DEVELOPMENT -. UNDER THE 'PLANNED WETLANDS SHALL BE ALLOWED DEVELOPMENT SECTION TR CODE." d:° ance shall be effective' on and after the 30th. day This Ordinance � approval by the Mayor after its enactment by the Council and !! OPER [N AND WETLANDS MAP WITHIN PASSED: $ / rv(C' LL5> vote of all Council members present after PA5 Y , 1984. y number and title only this ` � Y '" being a o u ng re „�d b .numb APPROVED: This (0476P) ORD NANG-4. t4O. 8 Deputy Recorder - city of Tigard day of �1 �-� E' , 1984• 3 t,y of TLgard . Commissioner Fyre had some concern, that the primary use is residential. He felt, maybe, this matter should be taken to LUBA. He was of the opinion that ^ the Home Occupation ' Permit should be denied. President Moen was concerned about the square footage being within the 25%, however, he had recalculated and it was . within in the 25%. He then reviewed each of the criteria and felt the applicant had met all of them; Commissioner ''Butler moved and Commissioner Peterson seconded to deny the appeal to deny the Home Occupation Permit HOP 4-84. Discussion followed regarding _ the findings. Frank Josslson objected to the proceedings of the hearings. Further Discussion: Motion, approved by majority of 'Commissioners present, Commissioner Fyre voting no. Further Discussion regarding written findings Commissioner Fyre moved and President Moen seconded to reconsider the approved motion. Motion carried unanimously. Commissioner Peterson moved and Commissioner Butler seconded for tentative denial of the appeal of HOP 4 -84 until written findings could be furnished by City staff. Motion, carried by majority vote of Commissioners present with Commissioner Fyre voting no " GOAL # 5. OPEN SPACES, SCENIC AND HISTORIC AREAS, AND EAATtfl AL 5 ..l. RESOURCES Associate Planner Newton reviewed the Coal 5 In Order to Comply statements and how the City might amend the plan to bring it into compliance NPQ /CCI COMMENTS PUBLIC TESTIMONY, No one appeared to 'speak J E Bishop, 10505 SW liarbur Blvd. Suite 303, objected to, adding paragraph number two without having. additional public input from the NPOs and CCz. On Item # 4 he was confused where the conclusion above was Discussion with staff fc1owed, PUBLIC HEAbINC CLOSED COMMISSION DISCUSSION AND ACTION President Moen l`elt thi ith the additions,, an nd he had no problem PI' t ttt i t��l; "t r�t�r�.� r s i tt M4 nu t t,'s June 1 2 19 d�� l a;�; 4 Consensus of the Commission was to require development under the Planned Development process only Commissioner Butler moved to submit staff's recommendation to City Council, with the modification of deleting "and require additional setbacks" under Exhibit "A ", second paragraph, with recommendation of approval. Commissioner Commissioners Fyre Seconded, present Motion carried unanimously by the 5.3 b Private Outdoor Area and Shared Outdoor Recreation areas requirements P y p (Chapter i8.120) - Community Development C ode Associate Planner Newton reviewed the option chosen by staff for the Private Outdoor Area and Shared Outdoor Recreation Areas Requirements. (Exhibit A) questioned if an one o President Moen ques y of the finding or all of the findings ' would have to be met to grant the exception. Staff stated that any one or more of them. NPO /CCI COMMENTS - No one appeared to speak. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Commissioner Butler suggested adding the words "any one or more of the following findings" after the words "based on ". He favored having private or shared outdoor areas. o Commissioner Fyre and Peterson agreed. o President Moen moved for the following language: y grant p C.. The Director ma rat an exce t ion or deduction to the Private Outdoor Area And Shared Outdoor Recreation Areas Requirements . provided the application is for a use designed for a specific . purpose which is intended to be permanent in naturE (for example senior' citizen housing) and which can demonstrate a reduced demand fur Private Outdoor Recreational Area based on any one at more of the tallowing findings: 1. There is direct access by a pedestrian path from the proposed development td public open space or recreation areas which may be used by residents of the develnpment, pia; 1 x itg & tU ts on :Mtnutes, dot e 1 1984 PPag Commissioner Butler moved to recommend approval of 53 c to the City Council with the change of no more than two subsidized housing units shall adjoin. Commissioner Pyre seconded. Motion carried unanimously by the Commissioners present. 5.3 d Density - 10 units per acre. Director of Planning and Development Mortahat reviewed the present density j ' act-. additional and how LCDC had rejected staff's approach to take credit for units within redeveloping areas of the rhe Central Business District and the CP areas of NPO # 4, which left 9i built :able units per ac3.e. Staff then reviewed the four alternatives they had investigated. CCI /NPO COMMENTS Staff presented the CCI minutes which supported alternative number two as being . the mo8t desirable, number one being poor but possible, the third being poor and destroys the character of the plan, and four being preferable to option one, because it leaves the best vacant major change land for commercial, but unrealistic as it involves a g e of the Comprehensive Plan; PUBLIC TESTIMONY o Jim Miller, 12910 SW 63rd Place, Portland, Or 97219, opposed changing the property in NPO # 4 from Commercial Professional to Rsidential 40 units per are o Bob. Bledsoe, 11800 SW Walnut, opposed alternative number three, considered number 2 as being possible- He suggeste d g high density' to 50 units per acre. (Staff commented that we can only get credit for 40 unit :e per acre) PUBLIC REARING CLOSED Commissioners Butler, Peterson and Pyre favored as being the best and easiest way to goy o President Moen, felt the Council has two options. , If they choose not fight icn is alternative number two. The to ft. ht LCD( � then the only opt + . w to be C tltenn��e� would problem being that LCDC wont allow residential p g l zone. If we were to fight LCD. redevelG Ln. Cr,�mmerc�.a o gg e a special ton residential /commercia.l' e called _.. � at we creat � - followed suggest that professional and do something on that order, Discussion foll regarding readdressing the redeveloping issue. y Peterson to approve 5,3 d alterna�" .- o 4 o Commiss�.on�r Peterson moved City Council, t�.�� t'umber ' tw and forward the recommendation to C� y Co ,missi.oner Pyre seconded the motion. The motion ca.rtied unanimously by Commissioners present{ 0,3 e Conditional Use Standards for Manufactured Housing, Units- Planning Commissio Minutes June 12 1984 TIMES PUBLISHING COMPANY Legal P.O. B ' `70 PHONE (503) 684 -0360 Notice d AVERTON, OREGON 97075 !Legal Notice Adverti& g Ci T'earsheet Notice AFFIDAVIT OF PUBLICATION STATE OF OREGON COUNTY OF WASHINGTON, jss' Susan PInkley being first duly sworn dencse and oay that .am the vertising Director, or his principal clerk, of the.) �lg8I _ limes a newspaper cf general circulation as defined in ORS 193,010 and 193.020; published at r -in the aforesaid founty and state; that the Pith .7 _C.Rearing,B a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for successive and consecutive in the following issues. Subscribed and "bulb before me thi Notary Public for Oregon. My Commissions Expire ,` 3,11.6j87 AIFEIDAVIT CPA 14 -84 AGENDA ITEM # 5.4 May 8, 1984 TIGARD PLANNING COMMISSION MEMORANDUM CITY OF TIGARD, OREGON TO Planning Commission FROM Planning Staff SUBJECT: Comprehensive Plan Document Amendments On March 20, 1984, the Planning Staff mailed to each one of the Planning Commissioners a packet of letters from various reviewing agencies commenting on the City's Comprehensive Plan. On April 5, 1984, Bill Monahan, Liz Newton and Adrianne Brockman met with the LCDC Staff to review their staff report on Tigardts request for acknowledgement. The issues raised by the various reviewing agencies were all considered by LCDC Staff in preparation of the staff report. Some of the nb,jections raised by reviewing agencies were substantiated by LCDC Staff, some were not. On April 26th, Bill Monahan, Liz Newton and Tim Ramis went to the LCDC acknowledgement heari t: in Salem. The Commission adopted the LCDC Staff recommendation to continue acknowledgement of Tigard'tL, Comprehensive Plan t July 1, 1984• The City's Planning Staff has prepared a 5 page response sheet which addresses; each order to comply by goal. Please pay particular attention to the items marked with an asterisk ( *) on pages 2, 3 & 4. Background material for the items marked with and marked with the Goal and Item # to w '* is attached correspond with t the response sheet. Staff would like the Commission to address the Goal #5 concerns at the May 8th hearing. The Goal ' #10 issues will be discuss g p y y direction, w y �'* � x on and theft will be brought before the, Planning Commission on June 5, 1984. discussed at the Ma 14, 1984 C1t Council Meeting for ol�.c n.�.ectx �, g Also attached to this memo is a list of streets organized by classification. 4 p g s M � ntly omitted These. 'st.xeets and corresponding classifications Mere �.nadve�te from page a 1-226 of the Resource Document. Staff would like the Planning Commission to forward a recommendation to the City Council, incorporating these streets and classifications into the Resource ?document Hon page ',226 to conform: to, the City's adopted Transportation Ma;p. ,dA STAFF RECOMMENDATION: Staff recommends that the Planning Commission forward recommendations to the City Council on the others to comply issues yet to be resolved to City Council. In addition, staff recommends that the Planning Commission also forward a recommendation to the City Council incorporating the list of streets and classifications into the Resource Document. • Discrepencies between Transportation, Comprehensive Plan Report and Transportation Map. MINOR COLLECTORS Tigard St. from Main to 115th 115th Avenue from North Dakota St. to Tigard St. v iveL -wood; Lane (Picks Landing) 98th Avenue from Greenburg Rd. to Commercial St. Morning Hill Drive Falcon Rice Drive 130th from Scholls Ferry Rd to Morning Hill Tech, Center Dr. MAJOR COLLECTORS S.W. 69th Avenue from Pacific Highway to Atlanta ■ rL COAL 2 LAND USE PLANNING • The City and Washington County must adopt, plan designations for all unplanned areas within: the planning area The three areas specifically identified by the LCDC staff report are the Krueger Triangle, a triangular piece of lanai consisting of 5 lots in the Walnut Island area and the newly annexed area on 78th north of Pfaffle. The Krueger Triangle and the 78th annexation area have been designated and zoned LCDC ha., a new map which reflects those actions. The five lots in the Walnut Island, area will be considered at the Council's April ' 30th hearing. E. For unincorporated area, Washington County must adopt zoning consistent with the plan designations. Washington County has indicated to the City and. LCDC that once LCDC staff recommends acknowledgement of the City's Plan, the County will adopt zoning for the unincorporated areas consistent with the City's plan designations: • Correct all plan and zone conflicts as identified under Plan /Zone Conflicts. There are several areas listed in the staff report under this item: A. Land located west of 85th avenue and north of the Tua latin city " . The area however, is panned Light limits has no zoning. , , P' g Industry, Open Space, and Low Density residential. This has been corrected on the zoning map. b. Two small parcels located south of Bonita Road along 78th Street are planned and zoned in the following manner. 1. The eastern parcel, is planned Low Density Residential and zoned R-7, a Medium Density Residential zone. . The western parcel is planned, Medium Density Residential an+ zoned R-4.5, a Low Density Residential zone. These have been corrected on the plan map. • A small parcel located south of Durham Road and east of 100th Street is plannea Low Density Residential and zoned R -12 (PD), a medium .. . intended developed as a planned development. residential pane intended to be d The city staff does not find a plat map conflict in this area. • Another small parcel loco e " Highway and west of located east of the Pacific Garrett Street ltd planned,. Low Density Residential and zoned 1'. -12,; a Medium De,asity Residential zone. This has been corrected on the Land Use 'Map. A parcel located south of Gaarde Street and west of Pacific Highway is planned i Medium Density Residential and zoned C-G, Commercial General. City staff does not find a plan map, conflict in this area OPEN ti , RESOURCES GOAT. 5 ` CPEN SPACES, SCENIC' AND k;i1bT0RIG AREAS, AND NATURAL RESUUR Amend the plan to determine which wetlands, drainageways, and creeks identified in the city's resource inventory are significant resources. City staff believes that this can be resolved at the May 8, 1984, Planning Commission meeting and the May 21, 1984, City Council meeting. Ident ..fy conflicting uses and analyze the ESEE con, 'rquences of these uses upon significant resources identified in "1tl above. This will be addressqd as a result of the resolution of # 1 above. ,..',K::.3 Based upon the analysis in "2" , provide plan policies and above rovide lan o11c�: implementing measures (i.'s , sections) as outlined in ` the sensitive lands sect ` This -ma require the Goal 5 Administrative Rule (OAR 6611.16). Note may Q_ revision of policy 3.1.1. This too wil..L. be addressed during discussion of one and two above. p (i.e., 25 ft ) ` 4. Amend the Development Code to include setback standards (. and wildlife to important open space, and water areas and fish an habitats. The Planning Commission and City Council should consider k:dding this special setback provision to the Community Development, Code at their May, hearings -..1.1K°,/.1/ 5. Assign the Overlay District to the five remaining important . historic structy es as identified the plan. The Planning Commission recommended the designation of the sites with the Historic Distric Overlay at thei *, April 17, 1984 meeting. This issue i.s on the City Council's April, 30, 1984, agenda., GOAL 10t HOUSING 1. Coordinate with Washington County, for the application of appropriate plan designations and zoning for the unincorporated portion of Tigard's Urban Growth Boundary consistent with Tigard's Comprehensive Plan and the Metropolitan Housing Rule. This item will be complied with whan the ounty adopts the City3s plan' designations for 4,,tai,ncorporated areas., • Amend the plan to include an assessment of additional manufactured homes, a needed housing type, that are , projected for the planning period. The city staff will include an assessment of manufactured homes when LCDC provides the City with a methodology for doing an assessments . Delete the 20 acres of Low Density Residential land from the buildable lands inventory that is adjacent to Cook Park and within the Tualatin River floodpl;ain. The 20 acre parcel mentioned here was nevi• included in the buildable lands` inventory. , No action is necessary.' 4. Comply with the Metropolitan Housing Rule by providing an overall average density of ten units per acre net residenti.al buildable acre (OAR 660- 07- -035) or take an exception in the plat, to the Housing Rule Calculations of overall density shall include consideration of density reductions due to transition from established to developing areas. This is a policy issue which will be decided at the Council level. City staff is working on some alternatives to the density issue which will be presented at the May 14, City Council meeting. There does not seem to : be any reduction in density due to the established /developing area transition. 5. Delete Policy 6.1.2 dealing with disp ,..;,,rsal of subsidized housing, or, provide an analysis in the plan why tiers polity will not unnecessarily add to the cost of needed assisted housing and more clearly dsfine the term "subsidized housing ". This is a policy issue which should be discussed at the May 14, 1984, City Council meeting, City staff will present possible alternatives to this policy at that meeting. 6. Delete Policy 6.3.2. B regarding compatibility tests from the plan or amend that portion of the Policy so that all requirements for developments abutting existing neighborhoods are spelled out in clear and objective terms. An amendment to this policy was considered by the Planning Commission. The Planning Commission has recommended that the amendment be forwarded to City Council for consideration at the April 30, 1984, hearing. (a) Delete the Implementation Strategy 5 under the plan's 6.3 policies; and delete the reference under the purpose subs,iction of Established Area portion, of the Development code . to the periodic classification of "established" and "developing" areas (18.138.olo.B) y or the "established Strategy periodic . updating .of (b) Amend- Impl � irate '� to indicate that " ablished area' boundary will not have the impact of reducing the residential density below the re q uired t en units per acre average. City staff could support (a) above, i considered by the Planning Co mission and at tI,�e upcoming City � pp , however this issue should be City �ourtcxl p g meetings. • f 8. Modify or correct the definition of Developing Areas in the Development Code (Sec. 18.138.020.13.1) by deleting the reference to Subsection 18.137 -015 or cite the correct subsection. This correction' has been made,, 9. Correct erroneous or contradictory citations in subsections 18.,80.120.A.3.e(1) and (b) 18 .80.120. A. 3.g(1) and (2) of the Planned Development` section of the Code. These corrections have been made. 10. Amend the R -3.5 and R -4.5' zones to allow manufactured housing as an outright use or amend the Conditional Use approval standards 18.130.040.A ,.1 b. and 18.130.040.0 to be clear and objective, or add anew manufactured housing zoning district of sufficient size and density to meet identified manufactued housing needs. This is a policy issue which shall be addressed by the Planning Commis3;on` and City Council. Staff will suggest `alternatives at the upcoming hearings. 11. Amend the Landscaping and Screening section of the Development Code, to include a buffer matrix` cited under Subsection 18.10 0.130. The buffer matrix' has been inserted into the code. They had been inadvertently left out of some copies. 12: Amend the Site Review section of the Development Code to add an additional category under 18:120.170, Etceptions to Standards, for granting an exception to the Private Outdoor Area and Shared Outdoor ;Recreation Areas requirements for senior multifamily housing or other needed housing developments that can demonstrate a reduced demand for private and shared outdoor recreation area; or demonstrate that the additional costs for the required Private Outdoor Area and Shared Outdoor Recreation Area will not add unnecessarily to the cost of affordable housing or have the effect discouraging needed housing City staff can support th „d first option and will propose standards to the Planning Commission and City Council at upcomitig hearings. GOAL 12 TRANSPORTATION Coordinate with Metro and Washington County an the development o'f consistent transportation plansw This item has been resolved with the adoption of an Urban Plarn ng Area' g� between the City and Was'hington County. Agreement (UPAA) 0 GOAL 14: URBANIZATION 1. Amend the 1980 Urban Planning Area Agreement or develop a new agreement that Includes policies and standards to insure that the conversion of urbanizable lands to urban uses shall occur in an orderly and efficient canner. Interim development below urban density or development must be controlled through application of appropriate holding zones to assure full, urban development can occur consistent with the plan; and Includes a map which clearly shows the approvei Metropolitan Regional Urban Growth Boundary and the Tigard Urban Planning Area Boundary The City and County have negotiated a revised Urban Planning Area agreement which: addresses the issues raised rabole.' The Tigard City Council approved a resolution for the revised UPAA meeting on April 23, 1984. 0395P dmj 5:4 icPA 14 -84 COMPREHENSIVI6 PLAN DOCUMENT AMENDMENTS. Associate Planner Newton reviewed items of concerns which needed to be addressed for LCDC Goal. # 5 and Goal # 10. (items which had asterisk next to them) . Discussion followed mainly on item # 7, policy 6.3.2 B. nonaenss of the Commission was for alternative (b). Item # 10, consensus of Commission was for 2nd alternative. Item # 12, staff recommended maintaining. Item # 4, staff reviewed alternative which they had suggested to City Council to resolve the 10 units per acre requirement. Lengthy, discussion followed. Consensus was to change g Commissioner Butler suggested adding Nordin to ,meet intent. of Goal 10. Commz:ss�.one g policy 3.1.2 to protect the wetlands. PUBLIC TESTIMONY Mrs. Ball submitted copy of a report she had made to LCDC. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION • No action was taken. 5.5 CPA 15-84 Setbacks in the CG and CP %ones Associate Planner Newton explained problems which have resulted because of the setback requirements in the Commercial General and Commercial Professional Zone. Staff recommends forward a recommendation to City g mdeleting front yar and Council amending the Community Development Code e corner lot setbacks in the CP, CG and CBD zones. The, Visual Clearance Areas section of the code should be referenced where no setbacks are required. PUBLIC TESTIMONY • No one appeared to speak. PUBLIC HEARING G CLOSED COMMISSION DISCUSSION AND ACTION Vice President Moen felt there ghould be 10 ft. setbacks _ on all sides. Discussion followed amo;ig staff and Commissioners rega 'ding thy,': effect of elimi.nati.ng the setback requirements and how thin landscaping the seap�ng reil�txrMent would still have to be met as well as t visual clearance requirements, Commisaxoner Vatidert ood ` moved to forward a recommendation td CxtY Council to amend the CommunitY Development ,Code d eleting front yard and corner lot setbacks except to comply with visual clearance in the C`P C -G and. CBD tones. Commissioner Leverett second Motion carried by m ►jori.t vote} Commissioners Moen and utler voting not PLANTING COI. i TSSIC N MINUTES Ma y S., 1 84 %age 5 T;LGA3i) PLANNING COMMISSION MAY 8, 1984 ITFIA 5.4 CPA 14 -84 Comprehensive Plan Document Amendments My name is Geraldine Bast and. I am representing DJBs, Inc. and myself personally at this Public Hearing on CPA 14.84 Comprehensive Plan Document .Amendments. I would jafgt like to submit a copy of the report that I made to LCDC on April. 26, 1984 and would ilsk that it was be made part of this Public Hearing and the City of riF gird record. Thank you. COMPREHENSIVE PLAN AMENDMENT /CPA 16-84 /AMENDMENT DECISION PROCESS A recommendation by the City of Tig ard Planning s i n regarding Chapter 18.32 to allow the Planning Director to amend a decision after findings have been prepared in response to issues that are raised prior to the appeal deadline. COMPREHE NS IV 8 PLAN AMENDMENT /CPA ,11,x-84/DV S ITY TRANSITION F7 A 1 ' A recommendation by the City of Tigard P aiming, Commission regarding the Density Transition section of Ch; code, section 18.40.040, and conditions when application of this4provision may not be required. a. Planning Director reported genda i 1 tems 2.10 through 2.14 were not heard at the Planning Commission meeting and recommended Council op en the p ublic hearin g and continue to May 14th. b. public Hearing Opened for agenda items through 2.14. ems 2.10 khrau, h c. Cit y Administrator noted Mrs. Clinton, 9865 S.W. View Ct., Tigard, and Geraldine L. Ball representing D3B, Ind;., 11515 S.W. 91st, Tigard, had signed up to speak on agenda item. 2.10 and 2.11. d. Motion by Councilor Cook, seconded by Councilor Scott to continue agenda items 2.10 through 2.14 to May. 14, 1984 Council meeting. Motion approved by unanimous vote of Council. 04'1;41 n aw 's'1.,MR�fi 13. L. C. D. C. STATUS REi?OR'f a. Planning Director reported on presentation to L.C.D.C. stated 4 major policy issues remain to be resolved: Coal 2, Land Use p Y Planning, and Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources have been dealt with. Goal 10, Housing, Item 1 " manufactured homes, care of. Item #2 additional has been taken It am 4, Housing Density, Item Subsidized Housing are issues that need Staff reported they had direction how to handle the need assessment, and this would not affect the Comprehensive Plan. b . Counc i l and staff ... discussed the requirement regarding density of 10 units per acre, and how to achieve that goal. Staff must, have a way to increase the density from 9.1 to 10 units per acre. Staff sv ested the following alternatives gg g 1. Up -zone some areas. 2. Argue with L. C. D. C. 3. Zone some areas in downtown and triangle, first floor commercial and the rest, overhead, be used for residential. 4. All undeveloped land zoned medium high density; no zoned 15.20 units per acre, be toned 13-25 units per acre. l ,ts would equal 10, unit8 per acre and solve the densi y issue: Co incil discussed strategie, , opinions and options available. y. Mayor pro tern Scheckla suggested staff work with Washington County to give us some ideas. Planning staff noted item will have to be Page ' - COUNCIL MINUTES AP xL , .984. submitted to L.C.D.C. by 7/1/84. Consensus was to keep the plan . as consistent as possible without going back through the NPOs, and still satisfy L.C.D.C. Consensus of Council, staff to do some research and come back with preliminary information before going to the Planning Commission. Item 5 Subsidized i, ing; Staff noted they will clean language up and - suggested the fo...ioqing options. (1) draft another policy, or (2) consider dropping policy. The original purpose was to limit the number of subsidized housing in an area. Consensus of Council was to more clearly define the terms. Item 10. Manufactured housing. Staff recommended adding conditional use standards. Council discussed older mobile homes going into new development mobile parks. " Councilor Scott requested City Attorney researc h issue of State a a law prohibiting the moving of older homes into new developments( Staff to come back with recommended language. 9 :50 P.M. RECESS - COUNCIL RECONVENED 10.10 P.M. 14. APPOINT CIVIC CENTER PROJECT ADVISORY COMMITTEE . He noted list o City Administrator consider a o of interested applicants. members to a`vrriid Cir A a`. intin at least 4 me rs suggested Council coproject s PP , g �� � discussed $rppontm�f::nts delay, and get the going. Council dis by y decision of Council present. ConsE.nsus b Mayor with City Recorder dec�.sa. Councilors who had. was Deputy Cit i Y. should so indicate. "Results of vote was as followrn Recorder would call na,:�es and Cou objections shou Robert Carn Engineer - no objections Dennis Derby, Contractor 2 objections James Nicoli, Engineer - 1 objection Phil Hirt, Engineer 2 objections Godowski - 1 objection Les Library Board - 1, b j ec tioi4� Walter Munhall Civic Center � Walter Roffman,; Budget Committee - 1 objection Dick Bendixsen, Space Needs II & Library Board 1 objection Amo DeBernardis, Project Mgmt. 6 Economic Developer -- 1 objection Valerie Johnson, Tigard Leadership Seminar - no objections Betty Allen, Library Planning - i. objection Carolyn Eadon, NPO no ob jectiorts Sid Reese, Lamb - Weston Building - 1 objection Edward Duffield) NPO - 1 objection Craig Hopkins, NPO 1 objection Patrick McCusker -y not enough information P g Council members emphasized objections were n4t personal, but rather a concern as to the composition of the Committee and lack g 4 opinion of enough �,nfo:rmatior�. about some candidates t,t.� form. an ' interview Process, .Ma � r Pro tem eckla . without going through �ntervt. p y � Sch reiterated he would not make an appointment unless It was a unanimous vote for candidate. Council discussion followed concerning cacd�iate� aa d attempting to rO4ch a compromis e and appoint a 4-member Committee' Tho se candi 4tes who received only one objection would be interviewed bY the Council interview committee. COUNCIL MINUTES - L M1, 1984 CITY OF TIGGARD ACKNOWLEDGE ..I.�1T ITEM 7.1 ,w (LGDt TrisArJTI1G April 26, 1984 Mr. Chairman and Members of the Commissions My name is Geraldine Ball, 11515 S. W. 91st Avenue, Tigard, and I am representing DJB, Inc. and myself, G. L. Ball Fii,st, I want to commend Mr. Monahan and his staff for all their hard work fforts. attended every Planning meeting p z of their e xi.n and Council meetan so I a p:r ec�.ate all o It is a `good Plan and I hope you will acknowledge We do feel that some of the maps that have been furnished to you are not accurate and so we wish to object to the followings TRANSPORTATION M-1-..‘..P dated May, 183 - arrow on property not acquired b Oregon Dept. of Transportation 1V Tigard-S. Tigard Interchange. 1+ y g :, P November, ag showed it correctly. The Transportation 1.1aFy - datca maf.'rom Jack�Sollis part of the record. Please make attached letter and map � is not a Wetland although • WETLAND MAP - Tax Lot 6600, Map 1 S 1 36 DD, g of Contractors has the Oregon Dept. of Transportation with the help been attempting to make it that way. The drainageway from the East Side of I-5 runs to the north of Tax Lot 6600 on pr i property owned by Mr. Pollock. When t checked with the Corps of Engineers n June of 1962 they said 'where was no way tku.s could be a Wetland because of the approximate 300" elevation...and the slope of the 'land. TOPOGRAPHY Y MAP because as of this date it is not true. Attached is a 3' Topography map from your LCDC file. We ask that you copy of the 1977 Topogr, py p compare this with the map obtained from the City of .Tigard on April 25, 1964. Also for part' of the record we are attaching a 1960 Geological Sure map with updated modifications. This will prove all of' the changes have been man made. 4 STREI T ADDRESS MAP 11200 snould be 12000 67th as There is no such address as 44',95 this y'a Vacated Street per Wasraangton County R 6 0 67 -376x Letters to Robert Jean, City Administrator in this regard attached aid we ask that they too be made part of the record. also attaching maps showing where water is being' directed or xxi trying W e ate a1 � to be directed onto our property. We ask that they too be made par of this Public Dearing record.; ort of hydrologist,, Paul fughes, as presented to We call.. attention + Commission. You have a copy in Your files. the Planning Comm. ax to take your time to go into all the details as to how there i. s an We did not � it time is too valuable - so ��e make our prol�ert�r a Wetland - your record are aattaohi g a" separate report and ask that it be made part of the recor this hearing. ho died in to get the original incorporation t�+� 19 i9. hard � g A original ,,, My', Gu+ - #�. w died * � worked �V'ery husband through even to putting ads in the .newspaper at his own exxpense. so lovet mY put and I hope you will ackn_owl edge 'une Plan which_ they have e t ,. a e . `� until "i o together. If you should ,,,`e�1de to aont�nue the Acknr�ut'l. w_d�i.eri unt�:l„ July, 9 riietropoiitdn Service District .has requested, I would like to reserve the ri ht t y , efore oU. Please make this ''and all attachments part of the DLC k'': a,gaan aP��� be �" 7.1) Public Rearing (item 7.1) on Acknowledgment of Compliance, Request of the CitIr of Tigard Thank you. DLCDC MEETING April 26, 1984. CITY OF TIGAR.D ACFLNOWLFDaMENT` Rather than take the valuable time of the Commission to read this into the record we ask that it be made part of the DLCD record on the Public Hearing (Item 7.1) on Acknowledgment of Compliance Request of the City of Tigard. 1. TRANSPORTATION MAP Please refer to letter fr,m Jack Sollis, Asst. Attorney General to which he attached a map showing where the Interchange is to be constructed. 2. WETLAND MAP - The Wetland map shows our Tax Lot 6600, =Map 1 'S 1 56 DD, as being a Wetland. This ' not true. The drainageway which Imes from the E. Side of 1 -5 is on the property owned by Mr. Pollock and is to the north of ray T. L. 6600. The original famm house for the area was located on T. L. 6600 for 75 years and was in that location when the Wetland map was first submitted to LCDC in 1977. The Oregon Dept. of Transportation had the fire dept. burn the house down imxXxxxrimxTxxikx in 1982. There has been an attempt by the Oregon Dept. of Transportation to make T. L. 6600 a Wetland by dumping water from other parts of the Interchange onto my property. Only last Friday, April, 20, 1983 I arrived at the right time and caught them putting the water on my property. Vic Walston came running to meet me to explain the man with the back-hoe made a mistake. This is not the first time this has happened. The first time the man from Drake Construction went to get Vic Walston to stop the flow in exactly the same location. Also in another area near the 100 year old oak tree water is being directed . under the culvert in the area where there is to be a catch basin. At the present time no water is going in the culvert but all underneath. I know if this water is allowed to continue it will kill my 100 year old oak. Also I want to state tnat when I had a man till the property last year, which by e Dept. ad the Fire had. been filled b the Ore--on De t of after.. they h Dept. burn down the house because ten inches of the house was in the desired Right of Way, we discovered culverts had been p ut on the property. We removed portions and I still have there in my possession. Also hard clay dirt had been put in some areas to prevent drainage. I am continually picking up rocks and glass that is being put on the property. To the soutn. of T. L. 6600 is T. L. 6500 which is a wedge left after we sold the balance to the Oregon Dept. of Transportation. At the street level in front of this Tax Lot Vic. Walston of ODOT supervised the drilling of deep holes which were filled with gravel. If water is directed underground in this area, it could eventually damage my rental house which is located on T. L. 6300 to the West. The dra.nageway which originates on the E. Side of I_5 does come across the N. W. corner of T. L. 6300 before contInuing across S. W. 69th. TOPOGRAPHY MAP If the water from the East side of 1-5 and the S. W. Clinton. r its . . `Wate��a District large oriti�:naes to find �t way via the Metzger and 67th Hill c � � the pro. er nleased to out Ford and the property to pipe with, the smal l 7 water pipe that are extreme on _ p tyt` the West. There is presently water from the f alItysseptic on k of Landmark Landmark Ford (since Ford. and other water from � o finding its way onto our property and. some of it is West via the 'Metzger Water Pips that was put in when thry trespassed on our property. The agreement between attorneys was that Metzger was to remove the pipe and restore the property to its original condition but this was, not done. I have pictures showing how dry the ditch was at that time except for the area south of the fence (which has since been relocated) where water' from Pord was coming. Also the pictures show ere ` tch was that some cif the rocks that are there now w there at the time the � tot he 4, DLCDC ME:STS;NC, ` April 26, 1984. open.. On T. L. 5700, Map 1 8 1 36 DD after the Oregon Dept. of Transportation had the Fire p they needed a small area under the N. W. corner ODOt fined Dept. turn the house down because th nee the a.:ea. Later they put slabs of concrete so as to cause a drainage problem. 1 had a man remove all the slabs he could reach with his small back shoo er ' two peeks later �. n another area`s arra.v�erd jus as clay dirt and most o f them were back in again. Then �. a boulder had been delivered and so I went down to a neighbor's house and called the police and the policeman talked to Vic Walston and the Drake construction man and also told them not to put the concrete 'sack in. From t"en on they have only put small rocks and fill sand on the property - and, of coarse, hard cLair. If they can't get the water to the areas they want it in bring in a tank truck and put the water rher∎1 they want it have thousands of ictureg showing the entire operation since the project started and I p pictures prior to that time Also our attorney, Fred Anderson, has aerial photos that he took. We have spent thousands of dollars having our attorney, Fred Anderson, write to Mr. Harwood of the Highway ion of ODOT and on two occasions we have been on. the hwa 13zw•ia. ' Harwood and eo l�. the been good about re lyng...�but cooperate property with Mr. p p from the Highway Division We have tried t by telling them. our concerns and, Mr, Harwood has be go p E the plans he sent us for taking care of the water have not been carried out JUST Y STEPDAY ASKED THE HEAD MAN FROM DRAKE CONSTRUCTION ON THE PROJECT IF THE HIGHWAY DIVISION HAD ADVISES HIM OF OUR CONCERNS AND HE SAID "NO". If this is the case, then all the money and time we have spent trying to cooperate is of no value. Page 2 CITY OF TIGARD ACKNOWLEDGMENT ITEM 1 naturally they . s Part , g (Item Acknowledgment p ' ance Please make this art of the DLCJ�:P�b�.ic H.ear�.n Item 701 on of Com li Reru.est of the City of Tigard. • Public Hearing Opened • Motion by Councilor Cook, seconded by Councilor Bran to continue to April 30, 1984- Approved by unanimous vote of Council pr. nt. 23. COMPREHENSIVE PLAN AMENDMENT/CPA 14_84/COM?REHENSIVE PLAN D0CUMENI A recommendation by the City of Tigard Planning Commission regarding ardin g various sections of Volumes I, II, and III of the comprehensive plan in response to issues raised in correspondence from Washington County, the Home Builders Association of Metropolitan Portland, Oregon Legal. Services Corporation, The Department of Environmental Quality, The Oregon State Housing Division, 1,000 Friends of Oregon, Metro and the p , nt Commission Staff. Land Conservation and D +evelo me a. Public Hearing Opened b. Motion by Councilor Cook, seconded by to April 30, 1984. Approved by unanimous vote of Council present. 24 COMPREHENSIVE PLAN AMENDMENT /CPA. 15-84 /SETBACKS IN THE CG AND CP ZONES Coo ancilor Brian to continue A recommendation by the City of Tigard. Planning Commission regarding the required setbacks in the General. Commercial (CG) and Commercial Professional (CP) zones. Public Hearing Opened Motion by Councilor Cook, seconded by Councilor Brian to continue to April 30, 1984 Approved by unanimous vote of Council present. NS. T - and DENT Commission N yROCESS 25. COMPREHENSIVE PLAN AMENDMENT/CPA /CPA 16 $4 /AMEN�D:�NT DECISION � regarding A recommendation by the City of Tigard Chapter 18.32 to allow the Planning Director to almend a decision after findings have been prepared in response to issues that are raised prior to the appeal deadline. a • Public Hearing Opened M y by Brian to continue b • notion by Councilor Cook, seconded b to April 30. 1984. � Councilor Approved bY unanimous vote of Council present.. 26. COMPREHENSIVE PLAN AMENDMENT /CPA 1/-84/DENSITY TRANSITION Sri re ard n the Ti,; and Planning Commission g g landa't�:on Eby the ity of � � 8 w � . Density Transition section of the code, section 18.40 040, and conditions, when application of this provision may not be required. a. Public Wearing Opened Pa COU CIL MI NOTES APRIL 2 ', 19'84 X3 H 0 consecutive in the following issues: a a CD a a. Co N 0 0 Ca ° f CD f V) C7 C co a 0 a a CD J x a w a- C C. CD p v j N• a a. Pp� a3 0 o ci g p.' co tn CS, - a < 5 c+ c n a o _ a' n� a • 4 7 "tJ k C D w• ,D H. Z•ni or l r1 O � o ©� p, ;> 0 m a 1-4, r rri o w >a 0 w W P. \O Oti Z� \O w 0 0 -.1 1-1 N w 0 w .. co M 0 CI OF TIGARD OREGON raniss 10865 1,1 • be consisitxd by, the Tigard Planning The , 1984, at ;3 at Fowler Junior High School Lecture +. 1 65 tipri117,15$i, at 7.30 P.M. SW Walnut, Tigard,' Oregon.. �• 'her inf ination may. be ,obtained, from the Director' of Planning and D7elOPr'nent at42755 SW Ash Ave.-Tigard, Ot. 9722.3, or by calling 639- 4171:. z ' R 'P C �R2 CE �� 1 " " 4 'W.I.: & aria S r/ NE ,. AR NPO # 5 AsetiestIOr*liminarY.pbciiviiion plat approWl,for ",a,20 lot lotaevelop. Meat on a 2.37 acre parcel zoned R -12' (Residenti.l,.12 units /acre) locat- ed otrthe northw'St corner Duitath.Road and 8W Avenue (Wash. Tax. Map 2S1 12CC, Tax Lots -1B00 and. 1302). . 2 l?ra T ��yj�y��y�'.�IS O N �g 8 / j r CE V 7484 ' Century SV� /L�7�W�.i�`' S741Y"4:p ` _�i'. ,1• M ! .,. �ifl y a P .R x' # 1 ,... ,; " " of a 67 lot develop 0 Sat app A tequest for preliminary �� . �` p eats of ,� •, e R -12 (Residential, ivisi tat andxa,"vnrlance,� tb�eu'd requirements " ' ' ikrw 5 foot" aide. The" 15 loch rear yard .��� � "iinitslai ��� ,t•:� ,��' "�' r�an� ���ny is Y . kites Xh an -.0 Ma (wash., t...o; 'a :.flop 251 2D11 Tax lots t�a UL : '"'.PA. 13414 BE1ii.D124G:. MGM iTAT1ONS, CE '€ONS, " A request by the ty t f Tigard to reviera ` eetioh 18. m 5 of the Community relopment Cade ' , COMPREHENSIVE jPLA - :i NT CPA 1'�4 TD`M'a Pt�N D�CiCtill`e4l:IJT A$l�'E �.'�'v "'�r�ri+�ti+i sections �.r# �tolumes 1,; M «. . ars redo A ,►esL,b�Fikhe City hf!Ti: � tat to is�u�� r�isnd ,n ®.County Home Build n a�aod.'• �� trnmmp p �vashio r this es reh ' spa" . n e St�rvices rte, tion, The De, of l�ietropo�.ltam Portland, +�' �'�► TbelClre$o�, �� I�ou•�,� .vivision, 1 000 'Friend.' of Oregon arnti rtrc�ent of �.n nrnen ... � 'VC1T "C.PA 15-84; ��'�,_.. �. COMPREHEN E,.Z t .). o. AND CP ZONES SIVL P to vie* the requited ,fie c Dn the by _rcia� C��d .. C, eral Comma , ( and Co erdai PrOre 1Ot (CP) Wines. COhiPRtE Sl 'P AND ' ° CPA 10'-84 ANI114bNittrt. DECII NROC A, rettuot by the „City of Tigard tr amend Chapter 10.32 to 616* the 'landing Director to amend deccisian a ter findings,'.have been pit:pitted treised "prlot to the apps deadline... in Ce,��ri:'. to des that a� ... . OMP�gNSIVE PLAN At 'END S CPA 17-84 iENSII`Y`'1 {R SITION A regui t by. the City ot,Tigard fora rektieW of the, Density Transition ttt 6 wtti P40,44 ;ithw«i, ii,ttOttef7tAritt if N co XI St; C' WI 0 n °0 m `� .a w4WC 0 CJ c 0 it 7 -4 N m •- c a o 't7.' a Q A � rni z .("'i� O A 1°C1 0 t� 1_ a z w Department of Land Conservation and Development 1175 COURT STREET N.E "., .IALEM, OREGON 97310-0590 PHONE (503) 3784926 April 5 , 1984 The Honorable Wilbur Bishop Mayor, City of Tigard PO bog 23397 Tigard, OR 97223 niggigllrilri)) APR 91984 CITY OF TIGARD PLANNING OEM Dear Mayor Bishop: Enclosed is the Department's report on the City of Tig and s request for Acknowledgment of Compliance with the Statewide Planning Goals. The Department's °s reommendation to the Commission is that your request be continued to July 1, 1984 to complete necessary revisions to your plan and land use regulations for Goals 2, 5, 10, 12 and 14. The Commission will consider your acknowledgment request on April 26, 1984, at are welcome to attend this n 5tI1 em. and officials al s l�n�d citizens Hearing Room F, State Capitol i meeting You and other »' ` g and in the Commi s.� i ran s review of your acknowledgment request. You have 10 calendar days from the 1. to the attached report was mailed to file written exceptions to the report with the Commission at the Salem office (OAR 660-- 03 -02_( g you 660-03-025(2)). We would urge ou to send copies of any exceptions to commentors or objectors affected by exceptions. Please contact your Field Representative, Jim Sitzman at 2 x-068 '� if you have any questions and for the time when your item will appear on the agenda. Si nce Pely, a tes F. Ross actor JFR :TMC:tmc /82768/68 (G1 0145(1)) cc: Washington County Board of Commissioners city planning Director Jim Si tzman, Field Representative Robin Harrower, Lead Reviewer File Mike Byers, Reviewer Jim Knight, Supervisor DLCD Library(2) Portland Office Coordinator Objctors, and Commentor ■A LAND CONSERVATION AND DEVELOPMENT COMMISSION ACKNOWLEDGMENT OF COMPLIANCE Tigard DATE RECEIVED: DATE OF COMMISSION ACTION: November 18, 1983 April 26 -27, 1984 I. REQUEST Acknowledgment of Compliance with the Statewide Planning Goals for the comprehensive plan and implementing measures. II. SUMMARY OF RECOMMENDATIONS Staff Recommends the Commission continue the City of Ti gard' s acknowledgment request to July 1, 1984, to correct def it i enc i es identified in the plan and implementing measures under Goals 2, 5, 10, 12, and 14. Loci ordination Drody Recommends continuance (see attachment) . FIELD REPRESENTATIVE: Jim Sitzman Phone. 229 -6068 LEAD REVIEWER: Robin Harrower (Goals 1, 2-6, 8 9, and 12) Mike Byers (Goals 7, 10, 11, 13 and 14) Phone: 378 2976/378-4096 COORDINATOR: Kevin Martin Phone. 648 -8717 Date of Report: April 4, 1984 i City of Tigard Oa OM April =1,, 1984 III. BACKGROUND INFORMATION Geograp�h Tigard i s located in the southeastern portion of Washington County. The City is adjacent to the cities of Beaverton, Portland, Lake Oswego, Durham, and Tualatin. Tigard also lies within the Tualatin River Basin. Governing Body Mayor and four council members. TalOation 2000 - 33,400 (City projection) 1980 14,286 1970 - 6,300 Plan and Irn l emeriti n Measures Date of Adoption 1 Tigard Co mprehensive Plan iolumes I, II, November 9, 1 983, and III, including plan and zone maps, and Devel opener. Code, Ordinance No 83-52.) 2. Washington County/Tigard Urban Planning March 4, 1980 Area Ag recment. Compliance Status The City received $95,670 in planning assistance grants from 1975 to 1981. IV. FINDINGS General Overview " evolved community to a major suburban community Tigard has � rural �;vn1��,, from a run +" primarily a residential area, in the last 15 years. Although cial and City industrial activit it also nas significant c��mne s y• The p lan provides extensive background information on the natural " . However, other ihventories' i.e., resources found in the - Tigard area. needs) "deficient. The plan contains some very ;food residential are ; and Innovative Policies an g measures (i.e. Density Transfer, -five implementing Sensitive Lands, etc.) . Primar deficiencies in the plan include lack coordination and l fans and policies' � . � n " �, deficiencies of coon al and regional Plans licies (i.e., c ons�tency with nand rMetro iaiencies include lack of ' n County Metro). � def Washington, gi.© y y UGB and the plan of affordable: housing, clear identification of the p consistent with the Met o Housing Rule. The Department recommends that the City's acknowledgment continued to correct deficiencies in the following Goals: request b 2 Lack of adequate City plan designations and County zoning plan to zone conflicts. Goal 5: Inadequate identification and Goal 5 analysis of important Creeks, drainageways, and wetlands, inadequate application of implementing measures for important open space and fish and wildlife resources, and historic structures. Goal 10 Lack of appropriate County residential designations and zoning for unincorporated portions of the urban growth area; lack of projection for manufactured housing needs; failure to relate projected buildable land to projected population; failure to comply with Housing Rule requirement for ten dwelling units per acre; policies which unnecessarily add to the cost of housing or reduce al yowable densities; contradictory oP missing Development Code sections that relate to housing site requirements. Goal 12 Lack of a transportation plan that is coordinated with Metro and Washington County. Goal 14: Insufficient standards for the conversion of land to urban, levels of development. Applicable Goalss GOAL 1: CITIZEN INVOLVEMENT Factual Base. � Involvement (CCI) and Citizen Involvement Committee for Citizen Invol April 23, Tigard's r LCDC Program (CIP) were established i n 1975 and approved by LC DC on Apr? 1976. The City adopted a CIP that incorporated the six elements of i • communication, etc.). Seven Neighborhood Goal l (citizen involv�.��nent crammunic i and 1979 to Planning Organizations fNP0s) were established between 1975 and 19. . s � committees ' . membership act as citizen advi.,or�� cotrini� tees (CACs). The Tigard CCI membe i PO the City Council, consists of the chairperson of each NPO, one memeber of a the Planning Commission Chairperson, and the Park Board Chairperson. ig ' t.. Since the. Commission l$ adoption of Tigard's s CCI and CIP in 19'76 the City, d ng the auth., sties, _ irtised and updated the CIS regarding The revisions responsibilities and membership structure of the NPOs. occurred in 1979, 1980, and 1982. The City, however, did not submit the adopted revisions for CIAC review until March , 1984. Tigard's revisions to its CIP are now scheduled to be reviewed ba CIAC on, April 130 1984. City of Tigard _4� April 4, 1984 Department review of the ordinances revising Tigard's NPOs indicates that the City's CIP responsibilities, in compliance with Goal 1. The revisions clarify NPO membership p onsibilities, length of membership term (four years), boundaries, funding, and participation in plan development, etc. The plan includes the following policies on citizen involvement: 1. The City shall maintain an ongoing citizen involvement program and shall a. an assure that citizens will be provide oPportunity to be involved in all phases of the planning process (p. II -9) • 1. The opportunities for citizen involvement of provided ided by ning' City shall be appropriate to the scale o P effort and shall involve a broad cross - section of the community: a. The Committee for Citizen Involvement shpli be responsible for evaluating the Citizen Involvement Program ram and for working with the Neighborhood Planning Organizations in recommending changes in the program (p. Ii -1Q) b. The Neighborhood Planning Organizations , shall be the primary means for carrying out the program; c. Where appropriate, other i nvo i ef;ent techniques will be used. Conclusion The City of Tigard complies with Goal 1. H Both the CCI The City" has a CCI ,and CIP that have been approved by CCDC. consistent with and the CIP ensure wide -range citizen involvement. that it si s ei tns to the six elements of Goal 1.. Although the City has adopted the CIP regarding the responsibilities of the MPOs, the revisions are not g contrary _ to the requirements of Goal CIP revisions enhance and. 1 l The l�TP revs Y the responsibilities Based upon this information, clarify the ponsib� 1 �t1es of the NPOs has the Department recommends the Commission acknowledge the City's plan to be in comp `, i ante with Goal 1 GOAL 2: LAND USE PLANNING Goal 2 requires " idetti f i cati on of issues and problems, inventories and applicable Goal." other factual information for each apPl i cable Statewide Planning courses r: specific n nd r� ur of action � , of alternative co The Goan, gal sr� requires "evaluation as the basis for . ultimate p aic� . .. be made , g o� cy chokes to imlementatiron measures...consis4ent with and adequate to carry out the P p1an.° City of Tigard OW MO April 4, -1984 The Tigard plan consists of three parts: the Resource Document (Volume I), the Findings, ^ Policies and Implementation Strategies Document (Volume II), and the Community Development Code (Volume III) Volume T, contains background findings for each Goal topic, including issues, problems and courses of action. The plan was derived through an analysis of planning issues that were all subject to review and input from several Neighborhood Planning Organizations (NPO' s) and the City's Committee for Citizen Involvement (CCI). Some of the information i n the Resource Document was extrapolated from various other City documents that were not included in the City's submittal (i.e., storm water management plan, etc.). Volume II includes findings, policies and implementation ategies. The Plan states the findings were derived from the factual material in Volume I. Policies generally reflect the background information. The implementation measures "are recommmendations and set forth the means fur implementing the plan" (p. II- -12),, Popul au ti on The Plan states that the City has experienced a population increase of 173.7 percent since 1970. In 1970, Ti gard' s population was 6,300 (p. I-140). The 1980 population was 14,855 and the year 2000 projection is 33,400 (pp' 1-140 and 1-186) . The plan states that Metro's year 2000 population projection, for Tigard is 31,550 (p. 1 -186). According to the plan, Tigard Urban Planning Area (TUPA) includes n, acres (p. 1-283). the However, it is not known how much of this land 4,893.5 r . is8located within the city imits and the unincorporated portion of the UGB (see Goal 14 for further discussion). Coord ►n�t ion: The City and Washington County adopted an Urban Planning Area Agreement (UPAA) on March 4, 1980. The March 1980 UPAA established a "site - specific urban planning area... `thin which both the County and City may formally review and comment on potential land use actions of mutual interest." A map showing the location of the urban planning area is provided under Exhibit A of the agreement. According to the 1980 UPAA, the County's plan a nd implementing measures govern land use actions iny in the unincorporated portion of the urban planning area. The UPAA states that at the time Of the agreement, the city and the County d` inconsistencies between their respective discovered certain plans. The UPAA does not identify the nature of the inconsistencies. However, the UPAA states that the County's plan for the unincorporated area is not adequate and that "the County shall consider a legislative amendment to the County Development l oPdesignations the Urban Planning Area Area to reflect the C y Comprehensive Plan and to include ,j Such amendment However, ws t the City's supportive data and fin �ngs Ho.,ever County to be County Ordinance 219 Jul 1980). a y adopted as past, of Coup ,� (July, Ordinance 219 i s not , the City's submittal and the revised ned does 19 whether the C unt--.: Plan of Development was to incorporate indicate w "� � According ` to the County not ind7c i ncorporate the City plan, as stated ar'aoVammunc��t�on wit 1�ev�n M�rttiny Ordinance 219 was never adopted (personal c Washington County Coordinator March 30, 1'984, City of Tigard -6- April 4, 1984 The 1080 UPAA also requires that the City and the County provide each other opportunities to review their respective land use actions in the urban planning area Procedures are alf,o include' regarding the annexation of land within the UPAA to the City. Amendments to the UPAA may occur through the mutual wria4 ,.n concurrence of both parties. In addition, five years from March, 1980, the UPAA is to be reviewed by both the City and the County "to evaluate the effectiveness of the administration of the processes set forth herein and to make any necessary amendments." Polices �' , adopted in the 1980 UPAA. require that: Anne);ati ohs to the City within the, urban planning area will not be oppoi�ed by Washington County; _ Annexations outside the urban planning area will not be supported by the City or the County, Panning for urban f p the City _ Planning facilities will entail the. coo eratior;E of and the County; Land u;5e proposals in the urban planning area will not be approved by Co��nt. if the City "presents evidece to show that the proposal the. t would rot facilitate an urban level of development in the future upon annexation to the City," and c` approval be required to allow the Unified Sewerag,a Agency (USA) - city api q urban planning area t �o provl'de facilities to developments in the ur In June of 1983, the City and County adopted another UPAA to supersede r Y 1980 The purpose of the second UPAA was to the agreement of March, resolve some issues that had not been addressed in the 1980 agreement; The 1983 UPAA was adopted by both the City and ua the Washington County a a gr 4. Since January, temporary ar ti eement�, it expired On January 1, .198 1980 UPAA has been reinstated, Policies: The plan inclr .:b $ the following policies regarding Coal issues:' 1.1 .1 The City shall ensure that a. This comprehensive plan and all future legislative changes are consistent with the Statewide Planning Goals adapted by the Land. Co nservation and Development Commission, the regional plan adop ted by the Metropolitan Service District; b. Any neighborhood p1 anni ng organization pl ans and implementation measures adopted by the City of Tigard after the effective date of this comprehe sive, plan ar'e designed to be consistent with this plan; iiind, City ty of Tigard -7- April 4, `1984 C. The Tigard Comprehensive Plan and Community' Development Code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years (p. II --6). 1.1.2. The comprehensive plan and each of its elements shall be opened for amendments that consider compliance with the plans of the Metropolitan Service District (MSD) or its successor on an annuals basis, and may be so amended or revised if deemed necessary by the city council. Annual amendment and revision for compliance with the above regional goals, objectives and plans shall be consistent with any schedule. for re- opening of local plans approved by the Land Conservation and Development Commission (LCDC p. II -1)• Implernentin Measures : The plan is implemented;. by the Community Development Code Vo *time III): The Code includes both the zoning and subdivision ordinance requirements,. The zoning districts within the Development Code include Low Density Residential (R -1, R -2, R -6.5 and R -4.5), Medium Density Residential (R-7 and R -12), Medium -Nigh Density Residential (R -20), High Density Residential (R -40), Neighborhood Commercial (CN), General Commercial (CG), Professional Commercial (CP), Central Business District (CB D), Industrial rial Parr (IP) , Light Industrial (I-L) and' 'Heat/ c lndustrial (I -H). Development includes two overlay districts: Planned Unit Development (PUD) an d Historic District (HD), The Development Code also includes subdivision requirements governing the approval of subdivisions and partitions. Plan/Zone Conflicts: Several plan and zone conflict exist in Tigard. The confTts i nc ode the following , 1. Land located west of 85th Avenue and north of the Tualatin city limits has no zoning. The area, however, is planned Light Industry, Open Space, and Low Density Residential. 2. Two small ' parcels located south of Bonita Road along 78th Street are planned aid zoned in the following manner. a The eastern parcel is planned Low Density Residential and zoned R -7 a medium density residential zone. b. The western parcel is planned, Medium Density c w and zoned R -4.5, a low density residential zone. is 1p���, south D. .. 100th Street A srr�al, parcel located Durham Road and east of i s planned L w Density Residential and coned R -12 (PD), a ;oedium residential zone intended to be dev,elopeo' aA a plannd development* te " City of Tigard g: April 4, 1984 An''ther small caw Density the Pacific Highway and ��� 11 parcel located east of t ilia rrett Street is planned, L • y Residential and zoned medium density residential zone. west of R-12, a S A. parcel located south of Gaarde Street and west of Pacific Highway is planned, Medium Density Res i 7!i,nti al and Zoned CG, Commercial' General. Plan Desi 'nations and Ma s: The City does not identify the location of the p aiming area ooun ary and the regional urban growth boundary in the plan, UPAA ' and /or the zone maps (self Goal 14) According to the Plan reap, the City has included some County land within the urban pl anni ni area The City's plan map shows these areas are designated for primari1y low density residential uses. Other City plan designations assigned to these areas include medium, medium -high and high density residential. County plan and zone designations for the unincorporated portion of the urban growth planning area were As not d the C i ..j County's . +• or the County s submittal incluued in either to result, it is not possible plans ,are �• � oss�bie to determine .:whether the two consistent and if the conversion process is adequate (see also Goal 14 . The City has annexed a large area of land (along the northwestern portion of the City) that is not included on the plan map. No city plan designations are assigned including the area although several. City zone designations are applied, ncluding R -20 (r euium High Density), R-12 (Medium Density) and f i t' (Neighborhood Commercial). The land area is not known. The City's plan map includes a number of designations that are, �defireed in Volume II (the Policy documer!t pp. 11-7 and 11-8, and 11 -/7 through 11 -93). However, as noted under the Goal 5 section of this report, the plan is not clear as to how areas designated as Open Space (OS) will be prctec'ed Objections " e acknowledgment e Tigard The following parties have objected to the acknowled meat �,�f th plan, on the. Y basis of deficiencies in Goals 2. and 10: Metpolitan Service District, the Home Builders Association of Metropolitan Portland' and the Oregon Housing Division. The Washington county Land Use and Transportation Department objects on the basis ' `� in the Transportation' �. of dericienc�es �n Tigard Plan � regarding Goals 2 and 12. The objections deal wi h.. issues that primarily affect compliance requirements for Goals result, each o\y the objections is addressed under either Goal 10 or 12' and will riot be discussed here Conclusion The City of Tigard does not comply with Goal a:. The Cat Of Tigard has adopted a plan that addresses a wide range of y Y: �� concerning �. city � good , '' of ti docume�lt. issues the deal work has been accomplished and enerally speaking, the Tigard plan is a good working • ,Ln City of Tigard an& OW As noted above, the City has not coordinated nated with Washington County and Metro on several issues, including the location of the urban growth boundary, the transportation network (see also Goal 12), and an urban growth planning area agreement (UPAA, Washington County only) The current UPAA is inadequate both in terms of the location of the boundary and the provisions that address the responsibilities of the City and the County in administering development in the unincorporated area (refer to Goal 14). Finally, several plan to zone conflicts have been identified that must be. resolved. In order to comply with Goal 2 1. The City and Washington County must adopt plan designations for all unplanned areas within the planning area . For unincorporated areas, Washington County must adopt zoning consistent with the plan designations. 3. Correct all plan and zone conflicts as identified under Plan/Zone Conflicts, above. GOAL 3: AGRICULTURAL, LANDS Not applicable, GOAL 4: FOREST LANDS According to OAR 660-06-020, forested areas within urban growth boundaries gnerally satisfy the Goal 4 requirements through compliance with Goals. 5 -8. No commercial forest lands are found in the Tigard urban planning area Refer to Goal 5 for further discussion of forested areas in Tigard. GOAL 5•: OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES 5 Administrative ` R 660 -16 tQOus�tthrough in The ,government 660-16-025, deal i dealing procedures that a local 9 g its y phrases ctions of with its Goal 5 r sources. The. hrase:� listed sted bel�ri refer to se that administrative : officially " Rule, as The Administrative printed by the Secretary of a�iaite s Office, contains, different citations by f used the various ous sects d i n this report are those adopted by LCDC in June 1981, they have the following `ens of the Rule. those pw, y �' lawii1g rrreanir►,gs: "Inventory ���, -,-,Gather information on the location, quality, and quant ty ofros ource sites , and determine which of the three inventory categories in the rule- -(1A), (lg), or (1C), -is' appropriate, City of Tigard -10- April 4 1984 . "Identify conflicting uses " - -For all resource sites found to be "significant or important" (per the 1C) category), describe conflicting uses in accordance. with OAR 660 -16 -000, ▪ "Preserve the resource site " - -If no c,onflictir►g uses are found to exist, preserve the resource site in accordance with Section (2A) or OAR 6660 -1' 6.000. resource 4. "Evaluate ESEE consequences " -- Evaluate the economic, social, environmental, and energy consequence of conflicts between the resource site and identified conf1ictIng uses in accordance with Section (2 B) of OAR 660 -16 -000. 5. "Develop a program to achieve the Goal' -If no conflicting uses are determined to exist, adopt appropriate mandatory policies and implementing measures to protect the resource (peg* Section (2A) of OAR 660 - 16=000). If conflicting uses are found to exist, evaluate the ESEE consequences and develop a program to achieve the Goal (per Section ('B) and (3) of OR 660 -16- 000. Tigard's plan and implementing measures had not been submitted for acknowledgment review ''prior to adrpti,on of the Goal 5 Rule by the Commission. Therefore, the City falls into Category 1 under Section 660-16-000 of the Goal 5 Administrative Rule. Compliance with OAR 660 -16 -000 is required prior to granting acknowledgment of compliance to Category 1 jurisdictions Factual Base The Tigard Plan's Resource Document (Volume I)' and Finding Document (Volume II) provide a good Meal of background information on open areas, mineral and aggregate resources, energy sources, fish and wildlife habitats, natural areas, scenic views and sites, water areas, and historic sites and structures '(pp`. I -24 thor ►ugh 1 -109, and II -17 through II -21). According to information provided in the plan, the following Goal 5 resource categories do not apply to Tigard: energy sources, potential approved g Oregon ation trails, and potential and approved federal wild and cerlic recreation and state scenic waterways. For ° considered provides an to be important, the plan p i e,'ttensise Goal resources ve discussion including factual base and locational information, analysis of conflicts, and environmental, social, energy, and economic (ESE) consequences, po1ic es,- and 'implementing measures. Open Space Areas Background Information: The plan identifies the following important open spa ce areas in Tar"a 1. Summer Creek Floodpl ai n and RiPari an Forest (p. I -9/ . Krueger Creek (pp. 1-97 and 98) or City of Tigard -11- April 4, 1984 Tualatin River Floodplain (west of Cook Park; P. 1-99). (this Creek this includes three specific sites inside the City ;, PP. 1-99 through 1 -102). Tualatin Floodplain (referred to as Ravine 108/113; p. I -102)p The plan .provides site - specific information (mapping), including a resource listed description of the characteristics of each open space reso. above. Because the open space resources listed above are also valued are important water areas or fish and wildlife ahabitats, and Fire discussed in further detail under the subheading and Wildlife Areas and Habitats, f ineral and gg.:regate Resource Back ..round Information: The plan states that two aggregate deposits 'e ound in the igararea (p. 1-73). However, only one aggregate site, the Durham Pits„ is located within the Tigard UGB (personal communication with Elizabeth Newton, Associate Planner for Tigard, March 9, ) site south of Durham Road and owned aggregate site is located on 85th.Avenue, s designated Light. by . The site is actively mined and desi b Washington County. No conflicts are known for the Durham Pits (p. 1-73). Fish and Wildlife Areas and Habitats round Information: The plan states that many types of wildlife are still found in d including deer (in the wooded area aif Little Bull still f 9 � 1, beaver, raccoon, great Mountain), fox (in open fields), gelds) mink, weasel, herons, belted kingfisher (all generally found in riparian areas; P , i 1-40). Fish species are less dverse (p. I -40). The plan states that fish and • and • supported a greater number habitat areas an most of the riverine areas once suppo crawfish (p 1-40)• However, urbanization has reduced Both the water quality of many creeks and rivers i n Tigard (P. I-40). Creek and Tualatin River support warmwater game fish such as bass, Far' ►�o �` � � Chinook Hoak and Coho salmon, crappie, catfish, 1 -40). if�tsh and bullhead (p. � • . PP�ee �.a � the Tualatin River Cutthroat and steelheard trout migrate through includes a map of the impf Lant fish and wildlife (p , � �40) plan i . The an y areas (p, 1-109). Background information, conflicts, and an ESEE analysis of identified conflicts are provided below for the important fish and wilt;ilife resources identified in the plan. Su mme r Creek Fl o od and': R i ar i an c rest : City of Tigard -12 Summer Creek is the only major, tributary basin of Fanno Creek which has not been substantially urbanized. Wetlands such as this will serve an even more important function in purifying water as the basin is developed (p. I -97). Both portions of Summer Creak are designated Medium -High Density Residential (13 -20 du /acre). Conflicts identified include habit :it loss and lower water quality if residential development is permitted, (p. I -97).* If no development is allowed, more open space will be available, however, loss of buildable land will result which may increase housing costs (1 -97). As a result, the City has decided to allow residential development in the area, excluding "the floodplain and immediately adjacent riparian upland" which are to be "preserved in their natural condition" (p. 1 -97). sity transfer is permitted up to 25 Percent of the density allowed A density buildable land (excluding floodplains p. 1 -97). Refer to Implementing Measures ahead for further information. Krueger Creek Located south of Summer Creek, this creek flows into Summer Creek and is considered to be "a significant Goal 5 resource as a wa .:er Hia y Krueger "small-scale" open space /recreation site" (p. 1 -97. wildlife habitat, and ege Creek provides small scale natural features for wildlife habitat and as a water retention area (p. I -97) According to the plan, this creek area is also resignated Medium-High Density Residential (13 -20 du /acre). The plan states that conflicts from residential development may include. loss of habitat, lower water qual ity , and "additional costs of development and maintenance for structural drainage u 1-97). Prohibiting development would result in loss of bs ldable land, fewer dwelling units, additional development costs, but increase the amount of open .:space in the community (p.. I-97). Based on this information, the City has decided to er he waterway and immediately adjacent riparian upland ( a minimum 25 feet on each side), including the topography and vegetation plan . , , density � transfer will be permitted and (p. I -98) The states that a densit tr e p r� Y+ parcels containing any portion of ths site will be required to develop op under the provis7ons of the. Planned Development section of the Development Code (p. I -98 refer to Implementing Measures, ahead). Ti ard/T i' edeman F anno Creek Marsh and Flood ' lain: This site is located near igar g ar . treet �e c.man venue intersec ion (p. 1-98). The marsh he re a � includes approximately nine acres and was determined by a state field biologist to be a significant wetland area and fish and wildlife habitat �p 8 ' ) development has occurred within the Marsh. pacent land uses include single amily and duplex housing, a junior high school, and three activity fields (p: I-98) The plan states that the marsh is a valuable educational resource due to the. location of a fish and wildlife habitat near a school (p. 1 -99) The plan shows this area is designated Medium Density Residential (6-12 du/acre; P. 1 -99) . The, plan states the area is almost all within the 1; 00-year floodplain of Farina Creek (P. '4-99). The City has ,a- determined to preserve the resource in its natural state (excluding the area that is intended for a pedestrian /bikepath; I-99) The plan further states that any proposed development for the marsh or the floodplain "would reviewed in accordance with the standards of the would be required to be rev Sensitive Lands chapter" of the Development Code (p. 1-99). Scenic and Natural Areas Bae k round' Information: The plan lists the following scenic e 1gar U p. _3) 1. The summit of Little Bull Mountain. 2. The summ c and eastern slope of Bull Mounta ►n (only partially inside the Tigard BGB) . 3. The view of the Tigard area from Little Bull Mountain' and Bull Mountain, which includes views of Mt. Hood. 4. The view of Mt. Hood from the Hi l lview ay'ea. 5. The view of Tigard from the Tigard Triangle (looking west). 0•� _ the five scenic resources listed above, the City considers only the � first two as important Goal 5 resources (personal communication with Elizabeth h Newton, March 13, 1984). The plan lists six "special areas" that constitute major natural' areas in eAll except the following two natural areas are discussed under . gard. either the Fish and Wildlife Areas and Habitats or Water Areas in this Goal 5 section (pp. I -96 through 1-101) I. Forested Northeast slopes of P,uil Mountain. The heavily- wooded steep slopes contain some large Douglas Fir which are up to 100 feet tall and three feet in diameter. The site connects with other similar sites, outside the plan area. It, was recommended for preservation by the Nature, Conservancy Biologist. 2. Summit of Little Bull Mountain. This area is heavily - wooded with undergrowth providing cover for a variety of animals ' including deer, raccoon, & pheasant (p. 1 -42). The plan combines its discussion of important scenic and natural areas, including inventory inforrr'ation, conflict identification, and ESEE y .1 -96 1 -97, i -I03,, 1 -106), Bused i information in the anal sis (ppi a on i of plan, the following sceni and natural areas are dente fi e'4 as important Little Buil Natural • Forest - -This forested area, located in the western portion n n of the Gi t , includes udes 25 acres and provides for some wildlife habitat (p. I-96). The plan states this area is the largest stand of mature coniferous trees in the Tigard UGB (p. I -96) within City of Tigard -14- April 4, 1984 The plan designates this area Low Density Residential (I-5 do /ac.) with a Planned Development Overlay Zone required for any type of residential development (p. 1-96). Conflicts identified for this resource include residential development which could result in a less of the vegetation (p. 1-96). The plan states that such conflicts will be 1, imi ted as proposed single family housing must be reviewed through the Planned Development IPD) requirements of the Development Code. Community recreation development in this area is also to be reviewed through the City's conditional use process. The plan states that both the PD and the conditional use standards require a review of vegetation removal Finally, the City's Tree Removal requirements of the Development Code "protects major vegetudon on undeveloped land (p. 1-97; see Implementing Measures) Summer Creek/Woodward School Fir Grove; Located in the northwest portion of the Tigard UG6, this oreste area includes minor wildlife habitat and some riparian areas (pp. 1 -103 and I-104) The plan states that this area is ''one of a few undisturbed fir stands" in Tigard (p. I -104). The forest is considered a good educational resource tp. I- 104). The forested area is designated Low Density Residential (1 -5 du /acre). Conflicts include residential development which could result in "a loss of a significant visual, natural, and educational resource within the " -104). H wever, prohibiting residential northwest area of Tigard" (p. I o prohibiting development would also create a loss of development potential in the City (p. I.104). Based on Forested information, the City decided to limit conflicting uses for this area to trails and educational uses. The site is to remain in its natural condition (p. I -104). Ka i l stromFir Grove: Located near downtown Tigard, this grove was planted by the original ' landowners and represents both a natural and' visual area for the City (p. 1 -106). A plaque has been located along SW 100th Street as a marker for the grove. The plan states the area is designated Low Density Residential (1-5 du/acre). The plan notes that the grove could be destroyed due to development and subsequent tree removal l (p. I -106). As a result, the City has decider to preserve the grove (p. I-106). Water Areas, Wetlands, Watersheds, and Groundwater Resources round Information. The Tigard planning area has 16 ponds and lakes abra U lists the location Fite of the lakes and ponds �P� the tyon ai1d from the ,largest (4.76 acres) to the smallest (.11 acre) . The plan also provides a l st` (including the location) of 16 rivers and creeks that traverse the Tigard planning area, ext' utd i ng the Fanno Creek and Tualatin River. The four largest waterwa y s include: � u e- Summer creek, Ash Creek, Bal l Creek, and Redroc k Creek (p . 1-57 and 168) . All four creeks are tributaries , tributaries is "a. large tributary of the " r � es o� Farina Creek Farm() Cree Tualatin River. The remaining tributaries are actually small drainageways. Some remain in their natural state (e.g., Willowbrook), while others are experiencing urbanization (e.g., Pathfinde Creek). Back `City of Tigard -15- April 4, 1984 Of the four largest tributaries of Fanno Creek, the plan states that Ash Creek (which includes the Portland, Metzger, and Garden Home area) is largely urbanized (7. I-58). The water quality within the i,sh Creek basin is poor and flooding is common (p. I -5B). Mummer Creek (the largest tributary of Fanno Creek), drains the slopes of Bull Mountain and the surrounding area (p. 1 -57). The drainage basin is five square miles, largely undeveloped (consisting of farms and woody and), '• and has the best water quality of the four creeks (p. 1-57). Redrock and Ball Creeks drain the northwest and southwest slopes of Mt. Sylvania (they Portland area) , respectively (p. 1-58). The plan states that very little hydrologic data is available for both of these c~•eeks (p. 1 -58). Wetlands: Much of the Tigard planning at a is poorly drained, resulting in wetland areas (p. I -24). The plan states that within the Tigard UGB, su y is with a eeasonal water table between the surface and 18 inches into the soil were defined as wetlands (p. 1 -24). The plan discusses the importance of wetlands for storm drainage, flood protection and groundwater recharge areas (p. I -24) . Important wetlands are located on the. City's Floodplain and Wetland map. Watersheds: The Tigard planning area lies entirely within the Tualatin River watershed (p. 1 -54). Fenno Creek is a major tributary of the Tualatin River and includes the most rapidly urbanizing portion of the Portland metropolitan area (p. 1 -54). According to the plan, 82 percent of g ' planning Fanno Creek basin (p. 1 -54). Fanno Creek Drainage gof rthel� annw�th�r the Fa� ge basin is described in general plan text (p. 1-54). The plan states that the City has adopted a Strom water management plan. However, it was not included as part of the City's ... The plan notes b n� a the G� ,� s submittal. that because Tigard is situated in th lower portion of the Fanno Creek watershed, that ur fan °z tion�' poses a P serious threat to flood control. As a result, the City is very intereted in maintaining the floodways, fl oodpl ai ns, and wetlands within the watershed for storm water management (refer also to Goals 7 and 11). Groundwater Resources! Rs e soouc cais. According to the plan, the water table in the Gig arar a about ��e below Mountain otaa from there descends toward streams, su h as Summer Creek, on valley floor (p. 1-74). g • deposits that are located in iq the Tiard areaeaid considered to be water rbear bearing strata (p. 1 -14). The Tigard ant geological deposit /groundwater resource is the Columbia most ver Basalt (p. I -•74' The, plan states that wells in the Columbia River Basalt deposit "yield enough for large-scale use (10-1,08g gallons per minute; P. I-75). In 1973, the State Water Resources Division declared Cooper Mountain and Bull Mountain as Critical GeDundwater A. -eas (p. I .75). According to the plan, approximateir 50 percent of the Tigard planning area is within the Critical Groundwater Area (p. 1 45). The plan states (p 1-75). City of Tigard -16- April 4, 1984 Between 1' 960 and 1970, water levels declined 70 to 80 feet in the Tigard ',ell field. In the latter year no new applications for grouse water permits were accepted by the state engineer within the proposed critical area. Between 1970 and 1973, it is estimated that ground wader withdrawals averaged about 6,000 acre feet per year, of wili ch about one - fourth was from the four Tigard Water District we'► l s. Preliminary estimates show that recharge is only 2,900 acre feet, or 48% of this figure. The difference -- 3,100 acre fee t --was the amount removed from storage and therefore responsible for the falling water levels. A continuing decline in water levels in the basalt aquifers might cause saline water in the deeper marine formations to migrate into wells. The following water resources are discussed in detail according to the Goal 5 requirements: Tualatin River Flood lain (west of Cook Park) -- Located in the southern t tf e City, this site is c n % ere to be an 1�., orta t water Portion o y�. area and open space /recreation area i;p. 1-99). The site contains 33 acres of woodlands and open spaces. '+ pedestrian /bikepath is planned and expected to connect with the path in Cook Park (p. 1-99). The plan designation for this area is Low (1-5 du /acre) and Medium (6 -12 du/acre) Density Residential (p. 1-99). Conflicting uses would . include he plan states that residential development. However, the 3.2.2 and 3.2.3 prohibit residential development in the floodplain, eliminatin g conflicts (p. 1-99). The City has decided to preserve this `water resource and will permit only park and pedestrian /bike pathways - related uses (p. 1-99). The plan states that the Sensitive Lands Chapter of the Development Code will provide review standards for park - related developrent in this area. Fanno Creek /Main Street- -This water resource is located in Tigard's 7entra Business i str ct and is considered an�2important water and open sace resource (p. 1 -99 . The site contains acres (p. I -99). The. p (p ) plan states that the City has adopted park plans for this. site (p. I -100). The park plan, however, was not included ,As part of the City's submittal. According to the plan, g p this resource is designated Central Business District (CBD), which allows parks as outright uses (p. I.100). Conflicts identified for this resource include loss of a valuabke flood control device if ydeveloment occurs (p. - However, according to "retard owev Y i � � of the plan, prohibiting development would retard the ecc omic viability downtown core" (p T�i�0). As a result, the City has decided to allow conflicting uses !gob as parks and commercial development "in accordance with City Council plans" (p. I- -100). Panno Creek (north of North Dakota) --This significant water area Inc 7hg we nd and open space is located in the northernmost portion of the City The site includes 36 acres and serik es as a buffer 1 ..1 �_ April 4, 1984 City of Tigard between residential and industrial land uses in the area (p, I -100). The plan designation for the western portion of this resource is Medium Density Residential (6-12 du /acre; p, I-100). The eastern portion is designated Light Industrial. Conflicting uses for this resource include both residential and industrial development. The plan states " that residential development will be prohibited in the floodplain, but that some industrial development will be permitted. The plan states that Policies 3.2.2 and 3.2.3 prohibit residential development in the. floodplain'. of Fanno Creek (p. I-100). Industrial development may occur in the floodplain as long as the requirements of the Sensitive Lands section of the Developmer °,t Code are met (p. I- 100). According to the Plan, ' the City has decided to: 1) limit conflicting arses on the industrial side of the creek, 2) provide any pedest,ri an /bike pathway that may be required with this section of the f l oodpl ai n/ ireenway area, 3) perform any necessary channel work for Fenno Creek to alleviate existing and potential increased flooding along Fanno Creek (p. I-101) Fanno Creek (. nay , -- Located in the eastern ,�.�" 1l Bonita, and�sDcor�s de end an important ..water- area. and portion of tae City, this site . open space: resource (p. I -101). The site includes a forested area and provides a buffer between residential and industrial uses nearby (P. I.101)Q ' Residential � ' The site is designated Medium Density Res.den�ial (6 -12 du /acre) on the west and Light Industrial on the west. Conflicting uses include residential and industrial developmtlnt (p. 1 -101) . Loss of the resources at this site amount of the City's open, space as well as site would effect the am the natural buffer between residential and industrial uses. However, Prohibiting development would negatively effect the City's industrial and needs. In this particular area, railroad tracks and collector and arterial streets are easily accessed (p. I -101). The plan also notes that industrial development �. ion of the • � thin site. may require alteration - elnpm�nt on �. ons, the City decided floodplain (p. 1 101). Based on these considerations, to prohibit residential development in the floodplain and limit such development elsewhere on the site (pp. I -101 and I -102). Industrial activities will be allowed subject to plan Policies 3.2. 2 and 3.2.3 and the requirements of the Sensitive Land section of the Development (p. I- 102). 3 Located i n the flood lain � and ravine 108/`11) - -� Tualatin River i P southwestern portion this site is identified as an important • o�th���ty, r water area, watershed, and wetland area, and open space resource 1 102 Thet Plan wa 1 an states the site is 35 acres of marsh and deciduous trees (P,, I -102) The plan designates this area for primarily Low Density Residential (1- du /acre), the remaining portion contains an existing mobile home park, designated y 1 102 d I�ediurin aensit Residential (6-12 du/acre; P. �- )r Conflicting uses for this resource, site includes residential development, ,t, which could result in a loss of wildlife habitat, and lower a water ,ru City of Tigard -18 quality of the Tualatin River (p. I -102). However, prohibiting residential development would result in lless buildable land and fewer dwelling units (p. I -102). As a result; the City decided to preserve the floodplain and the ravine in its entirety below the 150 foot elevation mark (p. I -102). The plan states that density transfer will be allowed � � of this resource site, 2)' In' up 25 percent of the density allowed on the site (p. 110 addition, parcels containing any portion o1 , 'will be required to develop under an approved Sensitive Lands peirmit as provided in the City's Development Code (p. I -102). Historic Areas, Sites, and Structures Background Information: The plan identifies the following historic structures within the Tigard UGB (pp. 1 -102 through I -108) 1. Durham Elementary School 2.. John F. Tigard House 3. Windmill (121st and Katherine) 4. Joy Theatre 5. Upshaw Housing/Seven Gables 6. Tigard Grange 7. Farmhouse and Windmill (on Tigard Street) 8. Tigard Feed and Seed The John F. Tigard House is listed on the National Register of Historic g Structures. its Durham Elementary School is not; however, the City is continuing efforts to have the school placed on the register. The Windmill has been dedicated to the City. Of the eight historic structures listed above, only the first three are identified as important historic resources. According to the plan, the remaining sites art to be included as part of the City's resource inventory. However, Goal 5 process is to be delayed Qrfor the five the g information c be obtained . historic structures until further in�ormat7a rema�n� n. h� stor (pp. 1-105 through I -108). Although the City has not fully determined any of these five historic sites to be important (according to the Goal 5 rule) and to require protective measures, the plan states that the City intends to preserve the architectural character of the Upshaw House /Seven Tigard Grange, Tigard Street Farmhouse the and the Gables, armhou5e and Windmi1l an Ti and Feed and Seed, through standards of e i toric. thee. review sta�nda Overlay Chapter of the City's Development Code (pp. 105 through I -108). Based on the ' nformation above, it appears that the City considers at least four more of these historic structures to be important enough to warrant protective measures,Conflicts for all of the historic. City of Tigard -19- April 4 1984 structures above include major em.eri off- alterations and demolitions and are addressed under the City's Historeic Overlay (Section 18.82 of the Development Code). Policies The plan's policy document includes the following policies, among others, regarding important Goal _5 resources: 3.5.3 The City shall designate G" g ate the 100-year f l aodpl Gi n of Fanno Creek, its tributaries, and the Tualatin River as greenway, which will be the backbone of the open-space system (p.. II -18)y 3.5.1 The City shall encourage private enterprise and intergovernmental agreements which will provide for open space, recreation lands, facilities, and preserve national, scenic, and histori7. areas in a manner con!sistent with the availability of resources (p. 11-18). 3.3.1 The City of Tigard shall support the efforts of Wa s,Ei ngton County, Beaverton � d a metropolitan service trict to ensure the availability of the rock mineral resources (p. II -16). 3.4.2 The City sh`z11 a. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and controlling erosion, and by requiring that areas of standigig trees and natural vegetation along natural drainage , courses maintained to the and waterways be ma�ntaine maximum extent possible; Require that development proposals in designated timbered or tree areas be reviewed through the planned development process to minimize the number of trees removed and Require ,luster type development in areas having important wildlife habitat value as delineated on the "Fish Map" file at the City Eish and Wildlife Habitat Ma on fi (p. I1 -17). 3.4.1 The City shall designate the following as areas of significant environmental concern: Significant wetlands;_ Areas having educational research value, a�uch as geologically and scientifically significant lands; and • n 'City ofTigard -20- April 4, 1984 c. Areas valued for their fragile character as habitats for plants, animal or aquatic life, or having endangered plant or animal species„ or specific naturals features, valued for the need to protect natural areas (pp. II -16 and II 17). 3.1.1 The City shall not allow development in areas having the . , p � techniques be following d,elo ment limitations except where it can -shown that established and proven engineering ues related to a specific site plan will make the area suitable; for the proposed development: a. Areas having a high seasonal water table within 0 -24 inches of the surface for three or more weeks of the Year (P. II -12). 3.7.1 The City shall identify and promote the preservation and protection of historic&lly and culturally significant structure, site, objects, and districts within Tigard (p II -21) Two additional policies (number43 3.2.2 and 3.2.3, pp. 1I -14 and ti-1F) !orohib i t land from alterations and development in the floodway %and floodpl ain on all creeks and rivers within the Uu s,, with the fOl lowing e options Land form alterations Which "preserve or enhance" the normal functioning of the floodway will be allowed (Policy 3.2.2, p. II-14). sand form alter ations and deve! o p meat will be allowed where one side de of the f l oodp l ain i s designated for commercial and /or i ndustr i al uses ' (subject to additional requirements in Policy 3.2 03 below; Policy 3.2.2, P. II-15). The development must e shown to, be reasonable and necessary to better the economic use of the • II -15) i` site (Policy 3.2.24 (b), R Where development or land alterations are permitted in f l oodp l ai n areas, the following conditions rust be met (Policy 3.2.3, pe II -15). The streamflow capacity of the floodway must be maintained. Documetation must be provided to show that no detrimental upstream or downstream changes in the f l oodpl ai n area exist and that the criteria within the Sensitive. Lands Chapter of the !'reve1opme Code will be met. g i .. .. on the commercial i i t An evergreen buffer must be established commerc � al or industrial land abutting residential land as a visual and audio screen. 'City of Tigard - Some of the f l oodp l a i n must be dedicated for open spare at a "suitable elevation for the construction of a pedestrian /bicycle pathway... in acco -dance with the adopted pedestrian bicycle pathway Man. The plan document includes the following site- specific policy: The City shall preserve the Kallstrom Fir Grove on N.W. 100th Avenue: a. Any development on or adjacent to the site on which the trees are located shall incorporate the fir grove into the development Plans- . A density transfer shall be permitted in lieu of destroying the trees '(p. I- ',107). Imalementing, Measures Implementing measures adopted by the City to protect the Goal 5 resources listed above include the following: Denit _'fransfer According to Section 18.92 of the Tigard Development Code, serfs i ve land areas (including 100 -year f l oodp l ai ns, slopes of 25 percent or greater and drainageways), and land dedicated for public parks are to be protected from development through the use `of a density transfer. The density transfer is intended for areas planned and zoned for residential . ,� number of e�a�derit,�al development. Criteria used to determine the numbe units that may be transferred are provided in Section 18.92.030(A) and (B). (), Planned De vel(opment Section on 18.80 7' t es ` 80 of the City's Development ent Code states t�s1at a an, d Developr�vent (PD) is intended to create flexibi city of s►` e development, which incorporates open space, aping and eff i`.i en � landscaping, use of land. Criteria governing the development of a site in relation to • situ are found in the natural and. physical resources of the Sections 18.80.120(3), 18.80.130(A), and 18.80.1i0(A) and (B). and 18.80.200(A). Sensit� ve Lands: Section 18. of the Development Code identifies "( s K "lands otenti al ly unsuitable for development because . ss n '�i t ve lands as, '� p lain, a natural tia� :� ,�agewa of their location within a 100 -year f l oodp t .. g which on a steep slopes, or on unstable g ound." Criteria goveirni�,i',1 ; ; h are perrit;ted, prohibited, or considered to be nonconfcrcv k5r 0,1A eutlined in Section 181,84.015(A) through (D) . Uses permitted out mr', lawns, gardens, agriculture (excluding buildings) , pedestriantoitYcle pathways, conservation : weeds, darks floodways � � nn�ti p a� public and private cons on areas, removal of u,.., we h' ce of rl000ways (except+ rechannelization) and fences, Proposed maintenance hang, p 100-year floodpl a in and on slopes alterations to, or development within a l of 25 percent or greater, must satisfy the criteria listed under Approval p of the Standards, Section 18.84.040 of the Development Code Some include: -21- Apri 1 4, 1984 City of Tigard -22- April 4, 1984 - Preserving or enhancing the f loodpl ai n storage function; - Developing a pedestrian /bicycle pathway; - Prohibiting development within floodplains (except in areas designated for commercial and /or industrial); - Preventing erosion, other hazards; stream sedimentation, ground instability, or Ensuring structural stability and proper drainage; Replanting vegetation that was removed to allow for development; and Ensuring that the water flow capacity of the drainageway is not decreased A site analysis is 'lso required that includes the location of roads, drainageway, natural hazards resource areas (i.e., wildlife habitat, wetlands, rock outcroppings, trees) and exisitng structures (Section 18.84.070). A development proposal in areas designated as Sensitive Lands is also required to include a site plan, grading plan, and landscaping plan (Sections 18.84.080, 18.84.090, and 18.,84.100). According to the provisions of the City's Development Code, a developer must go through a pre- application conference with the City (Sections 18.32.040 and 18.84.020) During the pre - application conference, the City will identify any sensitive lands that may exist on land proposed for development and indicate the type of information required of the developer. Accordin to g the City , »sensitive lands in T gard include all of the important sites listed ed i n the plan (pp . 1-94 th7, ouq n I-108) and land along all of the creeks and the rivers in the Tigard UGB (personal communiation with Liz Newton) As noted in the plan, in areas of sensitive s residential conflicts will be allowed. Although conflicts from commercial and industrial development will be allowed, such development must also allow some of its land for use as a pedestrian /bicycle path (Section 18.84.080(A)4d ). In addition, a vegetative screen must be planted between residential areas and commercial and industrial development. Tree Removal Section 18.150 of the Tigard Cevelopment Code provides standards governing tree removal within the Cit Section 18.150 applies to all undeveloped land, and developed commercial and industrial and excludes developed residential property and land registered as a West . tree i't,rm (and used for commercial al logging or the of Coast tr Section trees). The normal care o4 trees is not prohibited y Ghr� s�.mas tr ec ion 18.150. Criteria are included outlining the circumstance whereby' tree removal '! would be permitted (Section 18.150.030). Some of the criteria include removal of trees " that (1) are diseased or pose a safety hazard:, and interfere with property development or improvemer t (Sec;. 18.150,030(A)1-6),, City of Tigard -23- Historic Overlay, Di,st� rte: Section 18.82 of the Development Code provides a process f'6- designating historic sites or structures under the Historic Overlay District and criteria for exterior alterations, new construction., and demolitions (Sections 18. 82.040 and 18.82.050). Accordin g to Section 18.82, the City's Hearings Officer must evaluate a Permit for exterior alteration and new construction against certain criteria, including 1. The purpose statement of the Historic Overlay District; 2. The Tigard P1a<<', 3. The general compatibility of the exterior design arrangement Proportion, detail, scale, materials used, etc. The review criteria are not intended to interfere with normal maintenance and repair work. Criteria for demolition also require consideration of the Tigard Plan, hard the purpose statement of Section 18.82, the consideration of individual , and whether issuance of a demolition permit would be contrary to .,h i p the public welfare and/or the intent of the Code. The Hearings Officer may approve, approve with conditions, . or deny applications for major exterior alterations, new construction, and 'mo i criteria ,. the d��� � 'ti on upon review of the above. The decisions of • the according the Hearings appealed to to `leers ngs Officer may be a1 ed t� the City Council. In addition, Planning Director must provide notice to individuals h g 9 r the following Section 18.32.130. Section 18.32.130 requires that • individual's be provided notice of a hearing before the Hearings Officer: 1. The applicant and owners, 2. Property owners within 250 feet of the subject property, 3, Affected agencies and NPOs, 4. The appe ll l ant and any other individual who requrests notice. As discussed above, the City has applied the Historic Overlay District. to • i'storic structures 'listed in the only three Of the eigh identified historic r �� t structures are plan. The plan indicates the remaining fnve. historic stru�.t important but has not stated why the City has chosen to delay assigning ' that the Historic Overlay y ,� needed the City aher indicate District. Discussions with iuh the delay was due, , n.n' pert, to time needed �a� gathering mmunicagtion with on and not�tyang propert�� Ao�rninc��t��nr of the Historic c 0ver1a Elizabeth five . � pP expected • g Newton, April 4, 1984). Zone to the remaining five s.es i s expe to be adopted at the r i ar d Planning Commission meeting of Aril 7, 1984. The City 'Council will move on t6e same issue at the April 23, 1984, ; meeting. 4l City of Tigard -24- April 4, 1984, The Tigard PE,destrian /Bic cle Pathwa Plan: The City adopted a pathway plan for severasareas wit In t e ity. he plan includes mapping of the Pathway. The pathway plan identifies the City's needs, proposes certain routes, and explores funding options: Conclusion The City of Tigard does not comply with Goal 5. The plan includes detailed background information historical resources in the Tigard Planning Area mapping of open space areas, including forested ar^ well as the adopted greenway that follows Fanno Cre River, and historic structures. The plan stresses, the importance of all of the creeks, drai nageways, and wetlands as areas of open space, fish and wildlife habitat, and as valuable flood control resources. Although the plan identifies' crtain areas along Fanno Creek and its tributaries as important resources according to Goal 5), the plan and four of the policies (3.1.1, 3.4.1, 3.42, and 3.53 above) indicate that all of the creeks and wetlands are . important and require some protection. However, Policy 3.1.1 above (p. 11 -12 of the plan) does not protect significant wetlands; rather it requires a developer to prove that engineering techniques will make the wetland suitable for development The City will need to amend its plan to state clearly based upon their Goal 5 ` analysis whether all or part of the ;reeks, drai nageways, and wetlands in the planning area are significant resources and proceed throu-A the remainder of the Goal 5 process as necessary. The plan states that a 25 foot setback will be required along Krueger Creek in addition to the density transfer and planned development requirements (p., 1 -98). However, there is no policy or implementing measure to support this statement in the plan's background inventory. The plan discusses usses in detail the groundwater problems that have developed in Tigard over recent years However, the City no longer relies on groundwater sources for its water supply. All new developments Trust t to y connect the City's pVbl vc facilities iti7es (� ae., water and sewer refer also to Goal 11 for further discussio►n). The City has adopted innovative implementing measures for protecting " novative im important. Goal 5 resources. In p,articula` -', the city is Density Transfer, Development, y q. " provide J� Planned De , and - Sens�t�vE. Lands re u7rements rovlde a variety of methods for protecting itnportrant resources, and at the same time encourage development. However, a few di screpanci Ps exist that will need on the natural and The plan includes eas and marshes, as ek and the , Tualatin to be corrected. As previously mentioned, the plan states that a 25 -foot setback will be required along Krueger Creek in addition to the Density Transfer, and Planned Development requirements. However, the City's Development Code does not contain a setback standard. It is recommended that a 25 foot OSP City of Tigard -25- April 4, 1984 setback standard be incorporated into the Development Code that is consistent with the plan's identification of important floodplains, open space areas, and fish and wildlife habitats along all the creeks in the Tigard planning area The Sensitive Land section of the Development Code states that the purpose of the Sensitive iands include 100 -year floodplains, drainageways, steep slopes, and unstable ground. Wetlands are not included in the definition. Although some wetlands in Tigard are part of the f loodpl ai n areas of the creeks, some are not As a result, it appears that a few important wetlands may not be protected through any of the City's implementing m9asures. Provisions will, need to be included in the City's Development Code to protect important wetlands. For that portion of Farm() Creek that runs through downtown Tigard, the plan states that some conflict Ong uses will be permitted in accordance with City. Council plans. The plan does not include an analysis of conflicting uses or a policy framework, and implementation. As on. a result, it is not possible to determine the adequacy of the City's program to protect F anno Creek in downtown Tigard. Three of the, eight important historic structures as identified in the plan are covered by the Historic Overlay District. The provisions of the Historic District with the requirements of t ate adequate to comply Goal 5. The remaining five important historic structures are not covered under the requirements of the Historic Overlay Zone. Although the City is working to assign the H i stor c Ov rl ay Zone to these five structures, such action has not yet occur;rea in time for this acknowledgment review. As a result, the Department finds the city does not yet comply with Goal 5 for historic structures The City is to be commended for its excellent inventory work and its innovative implementing measures for important Goal 5 resources. As discussed deficiencies exist that, if corrected, under Summa r above, a few deflc cted, will net on _ y result i n c"'m l i ance with Goal 5, but also serve to eliminate problems i n admi ni sterix . the plan and Development Code. In order to comply with Goal 5, the City of Tigard must: 1. Amend the plan to determine which wetlands, drai na , eways and c . g reeks... ieentified in the city's resource inventory are significant (1C) resources Identify conflicting uses and analyze the ESEE consequences of these uses upon :;ignif icant resources identified in "1" above. the in 2 above, provide ,, policies and Based u�ao�► he analyse s tl� " ;,7)l an poi � M (i.e., the sensitive lands section) as outlined implementing measures 1a +n .sect in the Goal 5 Administrative Rule (OAq 660-16). Note. This may requ're revision of policy 3.1.1. ti- 'City of Tigard -26 April 4, 1984 a 4. Amend the Development Code to i ncl t��.e setback standards (i.e., 25 ft.) and apply to important open space and water areas and fish and wildlife habitats (refer to Conclusion above). 5. Assign the Historic Overlay District to the five remaining important historic structures as identified in the plan. GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY Factual Base Air Qualit The Resource Document e. comprehensive plan provides __��!! of t���. co extensive ackground information on air quality within Tigard (pp. 1 -117 through 1 -123). Tigard is within the Portland airshed which is a "designated nonattai nment area (p. I-117). A nonattachment area is , an area that cannot meet EPA air quality standards As a result, special standards (i.e., DEQ vehicle inspections) are established to try and alleviate pollution problems and bring communities closer to EPA standards. The plan recognizes the Metropolitan' Service District (MSD) and the Department of Environmental Quality (DEQ) as, the main agencies responsible for pollution reduction programs (p. 1 -117). The, plan discusses ambient air standards and types of air pollutants (i.e.' total' suspended particul ates - -TSP, sulfur dioxide, hydrocarbons, etc.) Tine plan also briefly discusses the MSD and DEQ strategies to control carbon monoxide and' ozone, pollution (pp. 1 -122' and I -123). The plan identifies 'Y pollution from wood heating as " a significant surce of uncontrolled pollutants" in the. Portland area (p. I -120). Information is provided in the plan to instruct individuals in the efFicient use of wood burners (pp. 1 -120 through I- 123)x, Water Qu al it According to the plan, g • `h Ti and is located w�ti� ►gin the 'rtr at n' i ,r and Fanno Creek drainage basins. The. Tualatin River is5 identified as a Slow, warm water rives that has hi orically suffeed to erasion and. siltation gyp. 11..9, . Th e r R aver p also �experienr as serious algae growth during the summer months (p I -129) I f the 1940' s and 1950' s, F anno Creek, Rock Creek, and Beaverton Creek hail small inadequate sewage treatment, faci l ities that created serious wqter quality problems (p. I -129). The. plan states that new facilities the 1970's improved the water quality within these creeks. However, cont nued population growth and urbanization is reducing the gains made in the '70's (p. 1- 129). The plan notes that wager quality in Fanno Creek, "remains the worst in Washin ion County," because it is tare most highly urbanizeo creek r (p. I-� 29). ihfortunately, the water quality within Farmo Cv'eek ' s not expected t+ improve (p. 1 -13) . 1 City of Tigard -27 April 4, 1984 The plan also discusses the negative effects to water quality from urban storm .water` runoff (p. 1-131). Point and nonpoint pollutant loads are also included (p. I- 131). Land Resources: The plan states that much of Tigard is underlain by unc^ro1id� tea ,oils and volcanic deposits (p. I-25) , In some parts of Tigard, unstable soils may effect and development (refu to the Goal 7 section for further information) • Policies The Tigard Plan includes the following policies on air, water, and land resource quality: 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, state and regional quality � -' mater uality standards (p. 11 25). 4.2.2 The City shall recognize and assume its responsibility for operating, planning, and regulating wastewater designated treatment management syster� ►s as .�.�� � ;.,. Hated i n MSD's waste tr�atme component and 208 CRAG Study (p. 11-25). 4'.1.1 The City shall: a. Maintain and improve the quality of Tigard's air quality and coordinate with other jurisdictions and agencies to reduce air pollutions within the Portland - Vancouver air quality maintenance 4,rec` (AQM )• b. Where applicable, require a statement from the appropriate agency, that all applicable standards- can be met, prior to the approval of a land use proposal. Apply l the measures described in the DEra handbook for c . " nvironmental Quality s of Oregon Element regon Local Com' rehensive Land : Use Plans" to land use decisions µjyy F' having the potential to affect air quality (p. II -24). 4,3.1 The City' shall: . q development proposals located in a noise a Require Bevel u7 congested area or a use which creates noise in excess of the applicable standards to incorporate . the following into the site plan 1. Building placement on the site in an area, where the noise levels, will have a miimal impact: or Landscaping and other techniqu..s to lessen; noise imp. acs to levels compatible with the surrounding land uses. ,% M City of Tigard -28- April 4, 1984 b. Coordinate with DEQ in its noise, regulation Program and apply the DEQ land use compatibility programs c. Where applicable require a statement from the appropriate agency (prior - to the approval of a land use proposal) that all applicable standards can be met (pp. 11-26 and 11-27). Implement r__ __Mea Section l8 90 Environmental Performance. Standards of the Tigard d r°di air , water, and land Development Code, includes provisions regarding resource quality. According to Section 18.94.020, all uses, activities, and operations within the City must comply with the applicable State and. Federal standards pertaining to noise, odor, and discharge of matter into the atmosphere, ground, sewer system, or stream." Prior to the issuance'. of a building permit, the Planning Director may require evidenc,� to show that the proposed development complies with State, Federal, and local environmental regulations. Sections 18 w 90. 030 through 18.90.080 provide criteria that must be followed by developments which may create noise, visible, emissions (steam), vibrations, odors, glare or heat, and pest problems. Conclusion The City of Tigard complies with Goal 6. The Tigard Plan identifies air, water, and land resource quality issues in the City planning area The plan recognizes MSD and DEQ as the agencies primarily responsible for pollution reduction programs 4w. Tigard and the Portland metropolitan area 'Plan policies stagy the City will comply with all State and Federal environmental rules and regulations. The City's Environmental Performance Standards implement the plan's policies. GOAL 7: AREAS SUBJECT TO NATURAL. DISASTERS AND HAZARDS Factual Base The City has identified three types of natural hazards or physical limitai`ions in the Tigard area: (1) fl oodp l ai ns and high water table; (2) earth movement and soil instability; and (3) water runoff and erosion. Floodpla n Urban within River The Tigard br oan Plan Area lies •g ies entire�iy w�th7n the Tualatin .u. Fanno Creek, the last major tri hutary of the Tualatin River, flows north -to -south through Tigard. Major flooding occurs along the g drain n Creek, Tualatin n River at the south edge of the planning area, along Fenno A descri ..tion of'' these into and and along Summer, Ash, Ball, and Redrock Creeks which all r in ...,Fenno Creek (Resource Document, PP. 54-58). p and City of Tigard -29- April 4, 1984 11 other smaller creeks in the area are described in the Resource Document. Information on the acreage in these drainageways, flood levels on the major creeks, and a list of structures in the 100 year floodplain is included in the Resource Document (pp. 56-66). A 1979 Corps of Engineers study that mapped and calculated floodplain and y along the Tualatin River and Resource Document is the basis for floodway levels alon t the federal flood insurance rate maps. The Resource Document notes that c onf i i ct i ng information exists oh flooding along the F arno Creek tri ra :. `:ari es, and the Corps of Engineers is currently conducting a much more deta; ed floodplain survey on Fanno Creek, Sumner Creek, and Ash Cre ;k'° (p. 63). The floodplain discussions also recognize that flood conditions in Tigard will be affected by future metropolitan development and states: Much of Fanno Creek basin (e.g. east side of Cooper Mountain) has not been urbanized, and as it is developed flood elevations will rise. Increased runoff and erosion will mean that areas not now subject to a 100 -year flood will be a risk in the future. Careful watershed management could minimize the increase in flood heights. In the absence of good hydrologic data, future flood levels will be difficult to predict. A joint U.S. Geological Survey - Army Corps of Engineers rainfall- runoff study for the Portland Metropolitan area has been developed to address this issue. Lower Fanno Creek and the Tualatin River will also be affected by proposed flood control works to control damages in Tualatin. Flood levels in Tigard will be substantially determined by the controls exercised over development outside the plan area Urbanization of two areas in particular, the west slope of Mt. Sylvania and the east slope of Cooper Mountain, will have major impact on Summer Creek and Ball Creek, respectively. Portland, Beaverton, Multnomah County, Washington County, Lake Oswego, and Clackamas County all have jurisdiction over portions of the Fanno Creek basin above Tigard (p. 22). Wetlands/Soils WPt lands are def i net" as water courses and drainage swat es outside the 10U -year floodplain and soils with a seasonal water table within 18 i nches of the surface (Resource nt p 24). rayThe � high water l Doc�lme table soils are based on U.S. Soil Conservation z.� , .., and corresponding interpretive data. The discussion indicates that the natural hydrologic functions of flood protection, storm water drainage, and nuisance considerations necessitates land use controls for these wetlands. 1 large map submitted by the City indicates wetlands within the planning area. Earthquakes The Resource Document indicates that Tigard was the epicenter of a 1941 earthquake, and although no direct surface evidf evidence faults e exists n surface geology which shos the possible location of Tigard, well logs suggest that two relatively (p, 6g) • A map of sur � g these two faults is included in the Resource Document. Slopes generally range between 0 percent and 20 percent and hA v lhavar ing characteristics based on soil types and underlying ...tin System based on several factors was developed for Lake Oswego in rating y Tigard Urban Planning 1975 and adapted by Tigard staff for the 9 (Resource Document, pp. 31-36). The Resource Document notes � percent, landslide potential is generally severe for slopes exceeding p ' , and field investigations in the City have identified d soil cro ep mon undisturbed sites exceeding 25 percent .'which typically occur �1!ong shows slopes of 12 -25 percent and 25+ percent Escarpments along Fanno Creek and the Tualatin 'River; Banks and slopes adjacent to watercourses and drainage - Slopes of Bull Mountain and Little Bull Mountain. Runoff /Erosion The discussion in the Resource Document _indic:atPr � ! °sigh water runoff erosion can contribute to siltation, flooding, and water pollution and is f affected by soil types, slope, vegetation cover, and underlying rock teri al �. 26 -26) . The Resource Document also contains a . general ` v �a pp potential discussion app. Zb 2'?) on increasing runoff' and eros�or�� p ` land use controls sucrr as vegetation continued urbanization and lists control, erosion controls, and density limitations, which �„n minimize the effect of water runoff and erosion. swales; Policies Tigard's Comprehensive Plan Land Usk! M°ap designates all lands within the 100-year floodplain as Open Spacer This plan d ig `on corresponds to 9 , y _ � � elands ma P. 100y� p the boundaries on the adopted Floodplain/We p• The three floudplain policies in the Tigard`, Comprehensive Plan are presented below: The City shall prohibit any land from 3 alteration ` or in 100 -dear floodplain which would 1 �� an � the developments in result ` n y rise in elevation of the 100-Year floodplain (p• 14). 3.21 City cf Tigard' -31- April 4, 1984 3.2.2 The City shall: a. Prohibit land form alterations and development in the f 1 oodways: except 1 terati ores may be allowed which preserve or enhance the function and maintenance of the zero -foot rise floodway; and b. Prohibit land form alterations_ or development in the floodplain outside the zero -foot rise floodway except as 'follows: 1. Land form alterations shall be allowed which preserve or enhance the function of 4 the ; zero -foot rise floodway. 2. Land form alterations and development shall be allowed whore both sides of the floodplain are designated a% either industrial or commercial on the comprehensive plan map, and the factors set forth in Policy 3.2.3 can be satisfied. 3. Land form alterations and development shall be allowed where one side of the floodplain is planned for commercial and industrial use subject to the following limitations: (a) The land form alteration or development is on land designated on the comprehensive plan map for commercial or industrial use; (b) The applicant can show that alterations or development into the floodplain is reasonable and necessary to better the economic use of the site (c) The factors set forth in Policy 3.2.3 can be, satisfied (p. 14). 3.2.3 Where land alterations and development are allowed , f orm alterat�o within the 100 -year floodplain outside the zero -foot rise floodway, the City shall require a._ The streamflow capacity of the zero -foot rise floodway be maintained Engineered dr g showing that ` awi 4 � µ downstream n s .and documentation show there will be no detrimental upstream or downs m changes in the floodplain area, and that the criteria set forth in the sensitive lands sect ;in of the code have been met (see FIS September_ 1971) City, of Tigard -32- April 4, 1984 c. The planting of an evergreen buffer on the commercial or industrial land abutting residential land which screens the development from view by the adjoining residential land, and which is of sufficient width to be noise attenuating and d. The dedication of sufficient open land area for greenway adjoining the floodpain including portions at a suitable elevation for the construction of a pedestrian /bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan (p. 15). The floodplain and floodway are as defined by the 1981 Flood Insurance Study for Tigard. The phrase, "zero -foot rise floodway' means development in the floodplain cannot raise the flodway level. Other natural hazards are addressed in the following policy 3.1.1 The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make toe area suitable for the proposed development: a. Areas having a high seasonal water table within 0 -24 inches of the surface for three or more weeks of the year; b. Areas having a sev - soil erosion potential, c d. e. Areas subject to slumping, earth slides or movement; Areas having slopes in excess of 25%; or Areas having severe weak foundation soils (p. 12). Other policies relating to drainage control are described under Goal 11.. Implementation Measures Development in natural 'hazard areas are regulated under the Sensitive Lands, Planned Development, and Site Review Sections of the Tigard Comprehensive Plan Commua:ity Development Code. The Sensitive Lands portion of the Development Code (Sec. 18.84) regulates land form alteration or development within the 100 -year Percent or 25 floodplain within natural drainageways, on slopes of p greater, and unstable ground. Before issuing a Sensitive Lands permit, the, City's Hearings Officer must find that several criteria for each type of hazard h ave been satisfied ( Code, Sec. 18.84.040). Floodlain � '. isfie� d criteria prohibit development in the floodway and regulate development i n. City of Tigard -33.- April 4, 1984 the floodpltin so that no rise ("zero foot rise") in the floodway results. Criteria under Section 18.84.040 for other identifilad hazards include: 8.2 The proposed land form alteration or developTent will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property. 6.3 The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: Wet/high water table, high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 8.4 Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.100 (Landscaping and Screening). To apply for a Sensitive Lands Permit, the applicant must submit a site analysis drawing and site plan which identify natural hazards such as floodplain areas, steep slopes, high seasonal water table areas, weak foundation soils, unstable areas, and a grading plan approved by a registered engineer, and a landscape plan (Code, 18.84.050-.100). The Site Development Review section of the Code (18.120-) applies to all new multifamily, commercial, and industrial development. This section requires submittal of a site analysis plan, site development plan, grading plan, and landscape plan similar to those required under the Sensitive Lands section. The Planned Development Overlay Zone (Sec. 18.80 -), allows for more flexible and innovative use of 14nd and structures and may be used with any parent zone. Approval of a "Planned Development Conce7it Plan' is based on submittal of site condition plan showing floodplain, slope and soil, natural hazard areas, a grading and drainage plan, and a landscape plan ihich includes erosion controls. Conclusion The Tigard Comprehensive Plan complies with Goal 7 The plan Resource Document identifies floodplains, slopes over 25 percent, wetlands, and high runoff/erosion conditions as natural hazards and provides a very thorough discussion of land use problems relating to these hazards. Hazard areas are described anoior located on maps in the plan or on file at the Ciy planning office. City of Tigard -34 April 4, 1984 Natural hazard policies in the comprehensive plan are mandatory and . provide very clear direction for development in the floodway or f loodpl ai n. ` Another policy dealing with slopes, wetlands, weak foundation sores, and erosion prohibits development in these hazard areas unless "it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable frr the proposed development."' The City's Development Code contains several sections which regulate development in hazard areas. The Sensitive Lands section of the Code (S y and requires submittal (Sec. 18.84) most directly addresses hazard areas of site plans and other evidence to show satisfactory compliance with many specific standards before approval of land form alteration or dti l opment in hazard areas. The Site ' Review section of the Code, and a lesser extent the Pl anne1 Development section of the Code,, provide additional review and approval of development in natural hazard areas. These regulations properly implement the plan policies and provide protection from natural disasters and hazards consistent with the . Goal. GOAL 8: RELREATIONAL NEEDS Factual Base According to the plan, limits the City currently owns 92.72 acres of park land ry within the city lits (p. 1-88). A total' of nine parks are found in the City ranging from .5 acres to 46 acres. The plan states that various other recreational opportunities are available through the use of local school facilities. Approximately 200 acres of floodplain and wetland area are c'assified by Currently, only 38 acres' have been the Csty as Gr�'■�nway (p» 1-BB). .. acquired by the City for greenviay use. The plan states this natural area .. uses "' is suitable for pathways and "non, - intensive recreational ce or ...s �n (P. 1 -88) Combining the amount of land in use as either park p • b r al Recreation and s the City with a ratio of 12.15 ac'teo ► per 1,000.Ti and citizen , approximately 2 acres in excess of the N PP Park Standard of 10 acres per 1,000 population (p 1-88) • Policies The plan includes the following policies regarding park and recreational facilities (p. II -18) 3.5. l' The City shall encourage private enterprise and intergovernmental agreements which will provide for open space} recreation lands, facilities, and preserve natural, a manner tux�l, sc histoPic y� {yh�y!��r 1J ! � iwi a 9 G {d w7 �, n, scenic, and hest consistent with the availability of . resources. 3.6.2 The City shall coordinate with the school districts to develop recreational facilities. 'City of Tigard c -35- April 4, 1984 3.5,3 Tree City shall designate the 100 -year floodplain of Fanno Creek, its tributaries, and the Tualatin River as greenway, which wibi be the backbone of the open -space system. 3.5.4 The City shall provide an interconnected pedestrian /bikepath throughout the City. Additional. plan policies outline the City's priorities for individual park sites (p 11 -20). sa ementi n9 Measures Accord ng to the City's Development Code, recreational facilities and schools are permitted as conditional uses in all residential zones. The Professional Commercial (CP) and the Central Business District (CBD) zones allow outright, sports and recreational facilities. The CBD zone allows ouright community recreation facilities. Section 18.120, Site Development R °° view of the Development Code, includes standards for the provision of private and shared outdoor recreational areas (Section 18.120.180(6) and (7)). As discussed under the Goa►, 5 section of this report, examples of implementing measures av .i l able for use in areas of important Goal 5 resources may also be useful for some park and open space resources. Briefly, such implementing measures include the use of a planned development (P0), the Sensitive, Lands requirements, a nd the D ^nsity Transfer standards. Conclusion The City of Tigard complies with Goal 8. The e plan in cludes an adequate inventory of recreational facilities in Tigard. Plan pol i ci e'r and implementing measures are adequate to satisfy the requirements of Goal 8. GOAL 9: ECONOMY or THE STATE Goal 9 requires that P lans be "based on inventories of acres es suitable uit able for in creased economic g rowt h. " Under Goal 9 , plans must determine future needs for commercial and i ndustri al development, i ncl uding lands needs. Plan policies and implementing ordinances should designate "alternative sites suitable for economic growth" and provide commercial and industrial . uses in accordance with the needs analysis. Background Information The plan provides information . aver ' those development from the Cit 1970 -1983 . 1-137 through n on a 13. ,years, Tigard grew from a rural community to a "suburban community with a strong 'economic City of Tigard -36- Apri i 4, 1984 base" (p. 1-143) . The major factors contributing to such growth include the City's location and accessRbility to transportation (p. 1 -143). According to the plan, in 1981 the City's total buildable commercial and industrial land area included 494.5 acres; 270 acres commercial, and 224.5 acres industrial (pp. 1-143 and I -144) ,► The plan' states the City needs 195 acres for commercial uses and 27745 acres for industrial uses (p. 1-44). • The plan also states the 1980 Washington County Overall Economic Development Plan identifies that adequate vacant 7 -d buildable land is available in Tigard for commercial use for the short Berm (p. 1 -143). The economic element of the plan describes the transportation network (i.e., public:, railroad, air) and public facilities available to the. Tigard area for commercial and industrial development (pp. 1 -146 through 1 -149). The plan identifies some transportation problem areas (ie., congestion on Highway 99W p. I -147). Other public facilities such as sewer and water are expected to meet the City's needs during the plan period (pp. I -147 through 1 -149). The plan also includes a discussion of the City's Action Plan, which is intended to "create an overall economic development strategy for Tigard" and to provide the City an opportunity to participate in a regional strategy for economic development as part of the Regional Task Force on Economic Development (pp. I -149 through -151). The plan states that the City of Tigard will work with Metro, Port of Portland, and other regional groups on matters effecting Tigard's economic development (p. 1 -151) . A Downtown Revitalization Plan was adopted b,y the City in 1981 (p. I -151). The purpose of t;e plan is to focus on economic development in the downtown core area to make it a commercial center (p I -151). Through , the plan, the City hopes to make downtown Tigard l a proper 2mix of retail, professional offices, civic, and residential (p ) According o � the plan approximately g the "urbanization" element of t app 21,350 jobs existed in the Tigard area in 1980 (p. 1 -289). An additional 11,510 jobs are projected during the plan period (p. I -289). The plan indicates that of the 11,510 projected jobs, 6,390 will be office-related, 3,360 will be industrial-related, and 1,760 will be. retail - related (p. 1 -250) Land area prpvded to meet the employment projector above include 494.6 acres (p. 1.290). Out of the total 494. 5 acres, 270 are intended for commercial use and 224.5 acres are intended for industrial use (p I W290)* In the "economic" element of the plan, i t states that the commercial land area (270 acres) is insufficient for the long-term (p. 1-143). City of Tigard _37.- April 4, 1984 policies The plan includes several policies addressing economic concerns including the following. 5.1.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market„, 5.1.2 The City shall work with Washington County and adjacen jurisdictions to develop an economic development incorporating a local economic development plan. 5.1.3 The City shall improve and enhance the portions of the central business district as the focal point for commercial, high density residential, business, civics and professional activity creating a difersified and economically viable core area 5.1.4 The City shall ensure that new commercial and industri ? l development shall not encroach into residential areas that have not been designated for commercial or industrial uses. 5.1.5. The City shall prohibit residential development in commercial and industrial zoning districts except: p •- permitted Complimentary residential development business district, meet. shall be pe above the first floor in the central 1 a1 professional oval and above the second floor - in commercial p districts. (The density of residential development shall be determined in accordance with the R-40 Distri cts p. II-30). Additional policie s require buffering ering between industrial and residential policies +g other external activities of a uses and' proof that lights, hts � noise, and tit development will not interfere with the activities and uses of surrounding pr°opart i es (p. II-66). xmplewenting M�, as t The City's �o ���n i ty Development ment r o de includes t h= following lowin g c ommerci al and industrial zones! g b d Commercial (CN)y General Commercial (CC), Professional Commercial (CP), and Central Business District (CBD), Industrial Park (I -P), Light Industrial (IL), � n d Heavy Industrial (xH)« The CN and CP zones have minimum lot size requirements of skaGO and 6,000 square feet, respectively. The remaining commercial and industrial zones have no minimum lot size requirements and CG zones allow only commercial and civic-related us Civic IF �s� �L" The ��N � n The CP public facilities, libraries, postal services, etc. uses include pub zone allows multifamily units in conjunction with commercial development City of Tigard -38- April 4, 1984 in two areas within the City: the Bull Mountain area and the Tigard Triangle (Section 18.64.030(C), p. III-101). The CBD zone also allows a variety of commercial and civic uses. Single family attached and multifamily units are also permitted. The residential uses in the CBD zone are intended to be part of an R-40 zone standards, except for one area that is intended to allow R-12 zone standards (Section 18.66.03J,C), p III-104). The IP and I -L zones allow several types of commercial and civic land uses in addition to manufacturing, packaging, processing, and wholesale activities. The I -H zone allows basically the same commercial and civic land uses with more industrial-related uses. Conclusion The. City of Tigard complies with Goal 9. The plan projects the number of additional jobs expected during the plan period, and the amount of vacant and buildable commercial and inoustrial land within the City. The City recognizes its limited role in the region regarding industrial and commercial land use The plan notes that in the long-term, the City may not have sufficient industrial land. However, the plan includes a policy stating that it will coordinate with the County and Metro, during the plan period, in ar effort to provide for the City's future needs, particularly for industrial development. GOAL IO: HOUSING Factual Base Overview Under OAR 660-07-000, the City of Tigard must allocate sufficient buildable residential land to provide the opportunity for new residential construction to take place at a minimum of ten dwelling units per net buildable acre in order to meet regional housing objectives for the year 2000. The City must also allow for at least SO percent of the new units to be tingle family attached and/or multifamily housing. Standards governing the approval of needed housing must be clear and objective. Washington County has not adopted plan designations fcr the majority of the Tigard urbanizing area west of the city limits. The County's 8u11 Mountain area land use plan does cover about 100 acres of the City's urban planning area along Lower Scholls Ferry Road, but inconsistencies in the City's maps prevent a determination if the Bull Mountain plan land use designations are consistent with the City's plan (see below for additional comronts on city maps). • 4 ; ° • • City of Tigard -39- Apr"! 4, 1984 Several parties have objected to Tigard's housing analysis and/or policies and implementing measures. Due to the number and variety of Goal 10 o)jections, the specific objections are discussed under appropriate parts of the Goal 10 analysis rather than at the end of the section. Existing Housin Conditions and Hoqing_11.2eds The Comprehensive Plan Resource Document contains detailed information on the number and type of dwelling units, age of dwellings, vacancy rate, ownership patterns, and physical condition of Tigard's housing stock (Resource Document, pp. 154-162). Tigard's dwelling mix for the last two census periods are shown below: gitY.±"-)welit Mix Type 1970 1980. Single Family 1,001 47.9% 3,398 55.6% Multiple Family 50.0% amily 1,040 2,608 42.7% Mobile Home 51 2.1% 106 1.7% Totals 2,092 100% 67117 100% The Resource Document includes figures that indicate that in 1980 50.5 percent of the dwelling units are owner occupied and 43.04 percent are renter occupied (pp. 155 and 157). Tigard's housing stock is relatively new with 79 percent of the housing constructed since 1960 (Resource Document, pp. 155 and 160). The Housing section also contains an evaluation of socio-economic factors relating to housing to help determine its housing demand. According to the 1980 census, Tigard has one of the highest median household income levels in the state at $23,426 (Resource Document, pp. 162 and.166) and Tigard's average household size is 2.49 persons. The average sales price for a single family home was over $76,600 in 1980. The Resource Document includes tables which show estimated cost and incomes necessary to purchase a $76,600 or $55,000 home and conclud,ds, "...only 15 percent of Tigard's resir°3nts can afford an average priced home of $76, 600...[and]over 55 percent of Tigard's residents could not afford a $55,000 single family home" (Resource Document, p. 174). The Housing element also discusses assisted housing and manufactured housing. According to information in the Resource Document, 1,900 households in Tigard, or about 31 percent of the 1980 total, are eligible for assistance,, based on their income levels (p. 167). The discussion on manufactured housing inventories mobile home park space inside the City and in the Tigard Urban Planning Area and estimates average housing costs and required income levels for manufacture housing living. The conclusion to the manufactured housing section is, "Since the average household size for mobile homes is 2.2 persons/unit, it is clear that mobile homes will provide affordable housing for small households, but may not provide adequate relief for large households" (Resource flocument„ p. 184). City of Tigard -40- April 4, 1984 Metropolitan area jurisdictions are not required to independently determine the future need for single family and multifamily housing since the opportunity for a 50 percent detached single family /50 percent multifamily housing mix is established by the Housing Rule. Manufactured housing needs, however, are not set at the metropolitan level and must be determined by the local jurisdiction. Based on a pro 19,114 persons from 1980 to Projected population increase of 2000, the City has planned for an additional 11,769 dwelling units during the 20 year planning period (Resource Document, pp. 185- 189). The City has not provided information in the Resource Document or the supplemental November 1983 Buildabl e Land Inventory report to project how many of the dwelling units will be manufactured homes. Objections g Manufactured Housing Association 1000 Friends of Oregon and the Oregon Manufactu have objected to Tigard's housing need analysis because it lacks a projection for needed manufactured housing. These similar objections are best summarized by the 1000 Friends letter which states: 9 home parks and Tigard's Development Code permits " o. is mobile ho nd mobile home subdivisions as outright uses in the following coning districts: R-7, R -12, R -20 and R -40, However, the City's planning documents do not contain an analysis of the extent to which mobile homes are a needed housing type. Not (sic) do the materials indicate whether mobile home development is likely to occur in districts allowing multiple- family development at densities dies greate every units per acre. ns�. greater than s Furthermore, the plan does not indicate whether the zoned supply of land for mobile home projects acco,nodates any need. Tigard may choose not to rely on manufactured housing to meet its needs (Stout v. Multnomah count11, LCDC 79 -037 (1981); Multnomah n County cknow )edgment Report, 1980) .: + LCDC ( alternative of nonetheless requires communities to consider the alter - ammun� . " �� Salem manufactured housing � n their comprehensive plans Acknowledgment Report, 1980). Communities which choose not to rely on manufactured housing must specifically demonstrate in their plans how need for moderate cost home ownership opportunities can be met in other ways (Beaverton Acknowledgment Report , 1980) . Tigard's plan des not so demonstrate (1000 Friends letter dated February 24. 19844 P. 5) Objection The Washington County Housing Authority objects to the City's Goal 10 the, amount of buildable acreage by element because it fails tw�.� specify s a different densities housing types as sities (OAR 660-08-010). The letter further states: City of 'Tigard -41,- Without such necessary data in the buildable land inventory, the [Land Conservation and Development] Commission is unable to review local plans for Goal 10 compliance.,.. The inventory must demonstrate that a sufficient amount of buildable land is available for each "needed housing type" at planned densities (ORS 197.307). Response to Ob j'ctions' These objections •9 • Tigard has indicated that manufactured b�e�.t�ons are sustained. Ti a • . of n • commensurate with the financial housing can provide a needed housing type comma capabilities of smaller sized households which comprised 62 percent of the Tigard households in 980 (Resource Document, p. 165, Table 1I-4, and p. 184). But, as noted in the discussion above, the Tigard Plan does not indicate how many of the projected dwelling units will be manufactured housing units. Bu luable Land Inventor and Allocation Tigard in 1981, and updated this inventory in 1982 and again d in November 1983 (Resource Document, p. 286) . The City submitted a supplemental Buildable Land Inventory document (summarized in pages 187 -189 f 286 -e87 and 293 of the Resource Document) and a large Buildable Land Inventory _Map which identifies buildable lands by four residential densities. The Buildable Land Inv zitory Map, however, is not consistent with the City's Land Use Map and Devel,:.: ,ment Standards Areas map in that approximately 100 acres of buildable land' East of Lower n in SChol 1 s Ferry Road is beyond the urban of arzn ,rg area boundary shown on the Land Use and Development Standards map. In addition, the Buildable Land Inventory Map shows 20 acres of Low [Density Residential Land adjacent to Cook Park which is within the f l oodpl ai n and therefore not considered buildable land. In accordance with the. Metro Housing Rule, Tigard excluded public lands,', Goal 6 resource areas, land in the one percent floodpl:'ai n, and land over 25 percent slope from its inventory of buildable, land. Other factors considered b y the City in its lot - by-lot evaluation were parcel size and configuration, plan designation, zoning designation, and potential for redivision of existing lots (Resource ,raw „giant, p. 286) . The City's inventory by zoning district is presented .- Residential Buildable Land Inventory * Plan 8esi gr ation/Zon,e Low Density R -1 R -2 R-3 R -4 R-4. No of Units 5. 98 6 54.23 108 63.50 191 444.37 2, 01 8 105.93 477 City of 'T Bard -42- April 4, 1984 Medium, Density 554 R-7 79.09 8 . 482 R-7 (PL; 68.87 2,407 R -12 200.55 R -12 (PD) 35.88 431 Medium .High Density 4,443 R-20 222.17 4,4246 R -20 (PD) 11.32 High Density 427 R-40 10.60 Total 1,305.57 11, 769 *Resource Document, pages 189 and 293, The number of projected units was determined by multiplying the net acreage for each zone by the maximum density allowed in that zone. The 1983 Buildable Land Inventory paper states: The result of this calculation is 11,769 new single family and multifamily units. The City -wide density will be 9 units per acre which is 1 unit less than the LCDC density requirement of 10 units per acre. " � . „v detached single The City's R -1 through R -7 districts are the prima y t table above, Tigard projects dwelling i ng pones According ng to the t T� and prof Tamil 11,769 dwelling 3,830 dwelling units in these zones out of a total of 11, units which is equivalent to about a 33 percent single family and 67 percent multifamily housing split Tigard has adopted as part of its plan a Development SL,,dard Areas Map 9 d” residential areas and "developing" delineates. "established" residential areas_. Most, but not all, inventoried of the nventoried buildable retti d(4nti al land i s within the "developing" areas. The function of the ., �, � estaciished and developing areas is described in more detail under the Plan Policies and Implementation Measures sections below. The Resource Document describes two additional mechanism that could increase the number of residential units: density transfer of up to 25 percent from hazard areas; and residential redevelopment in the (p 187-189). density transfer Central The dens e7tral gus�ness District area �,ed�t" of up to 25 percent of the zone . p to receive a "credit" a developer ylpes and floodplain and density of undevelopable areas such as steep dens �+ "transfer" • � ` i units to developable then transfer the corresponding • number of �w�.l Ong un�+ is areas of the project, The Resource Document indicates there i rad ec Th 23.26 acres of land in the downtown area that coul d redevelop at 12 or Although single-family 40 residential units per acre. -fam1 �y attached and multifamily residential uses are permitted outright in the downtown ommercial uses. zone, they are competing with c • No specific information is included i n the. Resource Document or Ti gard' s plan to indicate what effect this potential, residential development could have on the plan's projected nine dwelling units per acre. gr: City of Tigard -'43- April 4, 1984 ,Objections 1000 Friends of Oregon, the Oregon Housing Div ?,lion, the Home Builders Association of Metropolitan Portland ( HBAMP) the Washington County Housing Authority, and the Metropolitan Service District have all objected to Tigard's buildable lands inventory and the projected average density of nine units per acre. Other specific points raised by these objectors are outlined below. 1000 Friends: Tigard's density of nine units per acre is contrary to its "legally mandated responsibility to provide its 'fair share' of the Portland region's need for moderate and low income housing" (Letter, p. 3). Tigard . exception to 3) 1000 Friends also notes that T7 and has not taken an exce the Housing Rule to allow a lower average density. Housing Diyis__oti: The Housing Division letter notes that the average density of nine dwelling units per acre for new construction also i conflicts with an implementation strategy in the City's plan to comply with the Metropolitan Housing Rule. The Housing Division objection further states: The City also expects that a considerable amount of acreage in the t will redevelop as hike Goal . _ residential development at 40 units per net acre. T 10 Housing Rule defines redevelopment land as "land zoned for residential use on which development has already occurred but on which, due tope se t r ecte0 market forces, there exists n or ex p existing development will be the, strong likelihood tl��at -. e ' likelihood wi • g converted to more intensive residential uses Burin th e planning period (emphasis added)." Tigard's expectation that the area will develop at 40 units per acre is based on the assumption that the higher the density allowed, the more likely the area will redevelop. (Plan, Vol I, P. 189) While this may be true to a certain extent, there is a point at which the local market M willhigh-rise ing in simply not bear the added cost of a building redevelopment plan and does The City has not submitted a red thQ ��D. Th does not note any local programs to encourage redevelopment of the. CBD (p. 2) HBAMP: The Home Builders' letter states: To reach the 10 upa standard, the plan relies heavily on redevelopment in - several areas of the at residential y ` . t tlal densities of 40 units per acres. calculations . , s plan ordassumes �thatl atsome performed by Metro, Tigard's 1,300 units - -about 17% of the city's potential bui l dout - -will occur at densities of 40 units per acre.... We content that this assumption is totally invalid (Letter dated February 23, 1984, p. 1). City of Tigard -44- April 4, 1984 states: Was hington County Housing Authority" The Housing Authority letter The City of Tigard's housing report simply lists the vacant buildable' acres by zone, but has not further inventoried those by . "type •" Furthermore, the ratio of the total number of units to the total;' number of net acreage provides for an overall density of nine units rather than for an overall density of ten or more dwelling units as specifically required by OAR 660-07-305(3) (Housing Authority letter d ated February 21, 1984, p. 4). Me • Tigard's Goal 10 Metropolitan Service i a has. objected to T� e ement 'ecause V'CI contents Tigard relies on redevelopment or new development in the Central Business District and in the "Tigard Triangle" (an area of mixed commercial, office, ffice and low density residential use between Highway 99, Highway 217, and 1 -5) , to achieve an average overall density of ten units per acre. The MSD letter further states ...the' City can satisfactorily argue that it has provided for an overall density of 10.0 dwelling units per acre with a 41 percent single family, 59 percent w multi-family split multi family housin 9 sp on new construction. However, the City's plan documents do not contain findings to support the reasonableness of expecting the sort of residential /commercial mixed use envisioned in the Plan. attest to the Without this documentation, staff cannot 'at•t City's ability to meet the hour ing rule (MSD Resolution 84 -441, Exhibit A, p. 4) Response to Objection The objections raised by 1000 Friends of Oregon, the Oregon Housing Division, the Metro Portland Homebui yaers, the Washington County Housing. Authority, and the Metvopolitan Service District are sustained. Tigard's average density of nine dwelling un 'ts per acre is contrary to the g 660-07-035(3)) t ditioh .the Metro Metropolitan Housing Rule (OAR requirement for 10 du /acre average and no exception has been taken. In addition, p �litan Housing defines ' "buildable land" and "net land" buildable acre" as re identiaily. designated land and "redevelopable lan refers to lands zoned for residential use where there exists a strong likelihood that • converted to more intense residential use existing development will be converte rciall zoned lands which also allow housing cannot be included in calculations ulations of the overall residential density. The Housing Division, HBAM , and MS0 objections to Tigard's use of residential redevelopment in commercial areas to achieve an average residential cial y early 1983, housing analysis by density of ten units /acre are on an ea' the City which was not included as art of the, plan. There it no pcommercial-residential .. .. Y . i " o � n in the Plan that City is attempting to achieve ten units p er acredensity through the use of mixed lands. City of Tigard -45- April 4, 1984 Plan Policies Tigard's housing policies address housing needs, housing costs, established and developing residential areas and housing conditions. The plan's housing need policies are 6.1.1 The City shall provide an opportunity for a diversity of housing densities and residential types at various price and rent levels., 6.1.2 Subsidized homing units shall conform to all applicable . development standards. To prevent the geographic concentration of public housing and insure a balance in the distribution of such housing, the minimum distance between subsidized housin units located within am. sine am, zoning district sha be ive times the mrnimumTot with on any street in the • evelopment. ` FEW purpose this policy, the term 'subsidized housing shall mean an housin• develo'ed or constructed with inancia assistance o t e 1. artment o ousinl a Urn eve o.ent an the State of Oregon P1an, p• '. emp asis a•.e. e The plan contains severc:,l nonbinding "implementation strategies for these policies which include pvoviding for manufactured housing in subdivisons and parks, and encouraging housing to meet the needs of low and moderate income households and seniors. The Tiga rd plan p has four policies dealing with "established "` and "developing" areas. Three of these evp l cies commit the City to maintaining "established'' areas with development that will protect and enhance the character housing already in the area, and encouraging racier of- housin flexible the efficient development within, residential "developing" areas (Plan, pp. 37-38). The remaining policy for °es►tabl i shed ", and "developing" areas states, 6.3,2 In the Tigard Community Development Code the City shall require a density transition whereby increased residential de'isities are adjacent to established areas in the following manner •, The density within 100 feet of each property line shall not exceed 25% over the density shown on the comprehensive plan for the adjacent land unless there is an intervening road (major collector or arterial) in which case this provision shall not apply. Where the proposed development abuts an existing hours iirg development, the housing types shall be compatible. For example: ti City of Tigard -46- April 4, 1984 Two housing units which are attached are considered compatible with a detached single unnit but More than two housing units which are attached .: are not considered compatible with a single f awi ly detached unit (Plan, p. 37). Part "au of this Policy has the greatest impact on small developing parcels s which are adjacent to "established" areas on two on more hsi desg Part t °b" of the Policy does not clearly indicate if co p must be prov.ded on all of the abutting "developing" area parcel or just within 100 y 00 feet of the established" residential area mentation strategies in the plan for this policy One dicatest that implementation periodic the City "shall a 38� ' plan review, �. maintain an updated map showing established and developin areas ( p r updated that the "established" areas boundar,es will This a strategy e ime suggests o encompass new developments in adjacent "developing" pi the expand over an incremental eros ) areas. The effect of that action will reduction of the maximum density in developing areas and potential ar specified in the Plano overall average density i Other • housing policies commit the City to develop clear and concise - regulations, require that all housing be of safe and sound con �r and construction, and providtr direction for residential buffering and element in the "Special aldens t � residential development � screening One policy in the S `n plan allows for medium high and high y the "Tigard, Triangle" commercial area Objections ' have objected to Tgard's housing Policy 6.1.2', (see The following partl��s ha objected �� Housing Authority of previous page): the Oregon Housing Division, . iy on the i �e Builders Association County, 1000 Friends of Oregon, , Washington g n. These p tan Portland, and Oregon i o of Metro 01 re on Legal. Services Corporation. objections are described below. N ng Division. The Oregon Housing Div ision contends that Tigard has r not coordinated with the ous in g Division for the provision of su bsidize d strategy suggests, and further Z ntends housing as "p . implementation could that definition of subsidized housing in Policy 6- . could c.rR... ,,,,Mt. the vague Division objection include all subsidized housing programs, The Housing further ,:states: The Division does not believe the dispersal policy is necessary Housing to prevent i so ati on of State and Federal loan � , i ,t recipients from the mainstream of the community. The recipients State and Federal single- family +subsidy Programs are of y- indistinguishable. r. • 1a typically indistinguishable. from their neighbors.. . A City of Tigard -47- April 4, 1984 The dispersal policy places an unwarranted burden on both the eligible households and the State and Federal agencies administering housing subsidy programs. The policy has not been coordinated with the State, Housing Division, and as a practical matter, the Housing Division could not comply with the policy. The Division is not able to screen loan applicants for their vicinity to other loan recipients., Finall' , the dispersal policy is not implemented in the Tigard Development Code. We question how the City could implement a policy that discriminates between home buyers on the source of their financing (letter dated February 24, 1984, p. 3). Authorit of Washin' ton Count: . The Housing Authority submitted Ho usin sot 'o ,a y 6.1.2 and the City's findings to a eng y ov3ec ion to support this policy. The Housing Authority's letter, in part, states: It is the Housing Authurity's position that Policy 6.1.2 is not only ',a thinly veiled effort to deviate from the City of Tigard's responsibilties in connection with complying with Goal 10 as to low income persons, but it is also an unconstitutional effort to place into its comprehensive plan a built -in bias against governmental subsidized housing. Such a de of policy the provisions 01 icy also has the effect of violating statutes were amended by ORS 197.295 through ORS 197.313, which s the 1983 legislature to specifically include "government assisted housing" as "needed hosing" as defined therein (Letter dated February 21, 1984, p. 2) • The Housing Authority further argues that: It is also unclear why the proximity of publicly assisted serve to isolate its recipients from the mainstream of housing would . the community o when a similar effect is not predicted with other low income households that do not receive Public standard, a senior ubl�c housing assistance. By any objective. s g g citizen living in his or her own home •and having `a marginal security income wo�'��d the classified as low income, but social recur ' ' would not be limited by this policy. Given the lack of any factual basis for the City of Tigard's policy, as well as its lack of rationality, it is apparent that the City of Tigard's of what concluded to be the undesirable policy i s to avoid d what. � t has c.onci ud effect of having low income people living near one another--and then further defining low income people as those receiving housing (Letter dated certain kinds of publicly assistek - Februf ry 21, 1984, p 4). 1080 Friends of Aire on 1000 Friends recognizes Tigard's attempt to disperse subsidized housing projects to , avoid creation of ghetto �„ Tigard's lisp conditions, but feels Policy b.1.�' goes too far and discourages the Provision of housin needed by a significant segment of ` o ulation. 1000 Friends argues that this the �' � s poi � cy conflicts cts w� th� th pp City of Tigard -48- April, 4, 1984 Goal 10 requirement to allow for flexibility of housing location, type and density, and is overly broad in its definition of subsidized housing. 1000 Friends concludes that any subsidized housing dispersal policy must comply with Goal 10, and that Policy 6.1.2: "Must be deleted or amended in a way that achieves its objective (i.e., to avoid public housing slums) but still allows for an adequate supply of needed housing and flexibility in housing location, type, and density" (Letter dated February 24, 1984, pp• 7-9)• Home Builders Associ 4tion: The metro home builders association questions restricting any i g type based on the financing source and is particularly y housing.' articularl concerned about the broad definition of subsidized On this particular point, the Homebuilder's letter states "To paint such a broad stroke discriminates against virtually the entire housing market and could make it very difficult to obtain financing to build in Tigard. That obviously would significantly impair housing opportunities. Clarification and refinement of this restriction is needed" (Letter dated February 23, 1984, p 6)• Ore on Le al Services: Oregon Legal Services objects to Policy 6.1.2 because it iscourages rather than encourages, subsidized housing and limits housing flexibility for approximately one -third of Tigard households that are eligible; for housing assitance. This objector also argues that this policy violates ORS 197.307 by not allowing developers economies of scale from building on adjacent lots or construction of subsidized duplex units. Response to Objections .E,, These objections are sustained. Tigard's housing background material does indicate that approximately third of xlmately 1,900 households, or about on, its existing households, have income levels at or below some moderate . ow the income level for Tigard, and these groups may need housing assistance (Resource Document, p. 167). However, Policy 6.1.2 as it is written does not encourage needed assisted housing, nor is ',here sufficient information in the Plan to justify this po ]icy or to show that this policy will not unnecessarily add to the cost of needed housing. 0bjectied 1000 Friends of Oregon has objected to policy 6.3.2(b) in Tigard's plan because it does not contain sufficient clear and objective standards for determining compatiblity with abutting residential development (see pages 45-46). 1000 Friends' letter states The policy ' s compatibility standard is, vague, discretionary and "' open - ended. Though the "exampl e" given in the policy is clear and objective (and hence permissible), it is included in the 4 City of Tigard _49- April 4, 1984 policy only as an example. Housing providers are hence forced to play a guessing game regarding any other "examples" or instances of incompatibility which may exist (Letter dated February 24, 1984, p. 6)• Response to Objection This objection is sustained. Although standards and criteria for i evaluating.. and approving housing developments are normally in a jurisdiction's zoning ` or land development ordinance, the mandatory direction and format of Policy 6.3.2(b) require its consideration as part housing d test for a housin land use review The potentially open-ended does not give a developer adequate knowledge of compatible . argued that the City's design requirements Although it could be arguae p developer will provide sufficient pre-application conference construction, with a e :' the open-ended nature of the information on compatible policy leaves an unclear test that could be challenged at the discretion of both proponents and opponents of a development. Comment r The Oregon Manufactured Housing Association has commented on the definition of subsidized housing in Policy 6.1.2. OMHA requests that the Policy housing indicate olicy be clarified to indicate .what types of subsidized by this definition. Implementation Measures Tigard relies primarily on its Community Development Code to implement �g p . the Tigard Plan, The Community Development Code contains the zoning districts, land division standards, and related land use regulations. The City's zoning map was adopted as part of the Development Code. Three sections of the Development Code with general application are Density Computations (18. , 92) Established /Developing Area Classification The Density ' Transition (18.40.040). .builds Density (8.138), and Residential Density • g t buildable land . criteria for calculating with policies in density transfer from sensitive land areas .th p y the plan e Y the Y implement p n of Code s intended to The Established/Developing secti the terms the Development Standard Areas map in the Plan how byhesef defining t 9 y� desi gnats ons includes �� °� eloping indicating definition �n ' s can and.. dev and �ndigat�ng �, x, s be, applied and changed. The developing° area buildable lands except, as provided' by Section 18.137.015(A)(2) of Code but this section i ` • Code. +� s missing from the Development o e Residential Density Transition section regulates density levels ad 'estab ishci areas to provide a more gradual transition to adjacent to � ' i' rav�de greater densities in the developing areas. This section of the Code states; City of Tigard -50- April 4, 1984 ...any property within the one hundred (100) feet of an established area shall not be developed at a residential housing density greater than 125% of the allowed density in the adjacent established area(s). For purposes of ; this limitation only, the allowed density is as specified in the comprehensive plan land use designation, not as in the zoning district. For example, the property within 100 feet of an established low density residential area (1"5dwellings per acre) sh all not be developed at residential densities greater than 6.25 dwellings per acre. (6.25 = 5 x 1.25). The only exception to the requirement is when the "established" and develo in " areas are separated collector road. P 9 `� ed b�! an arterial or major The Development Code also contains zoning districts, site review, and conditional use review provisions which deal with specific land use requests. Tigard's Community Development Code permits a variety of' housing types in several zoning districts to Implement the plan residential land use categories. The different housing types by zoning districts are, outlined in the table below: RESIDENTIAL USES R -1 R-2 R-3.5 7-12 12 20 Density D.U. /Acre 1 . 2 1. 7 3 5 4.6 7 -2 S. F. Detached 0 0 0 0 0 0 0 0 Duplex - - C C 0 0 0 0 S. F. Attached - `` 0 0 0 0 Multifamily - - - .. 0 0 0 M. H. Sub. 0 0 0 M. H. Park' C C 0 0 0 0 0 =. Permitted Outright C = Permitted Conditionally M i+ as be 9 " � The PD Tigard also � as a Planned Development (PD) overlay zone which c ment Code, Sec. 18 80) a combined with any zoning district (Development Se overlay allows for more flexible and innovative developments and to Preserve and natural resource areas. The PD overlay zone reserve open space a,�t� � 9 " .. : � contains several approval; standards dealing with such items as buffering, private and common outdoor recreation areas, circulation, landscaping, and parking. Although the PD section is very thorough, some subsections reference the code or are contradictory. reference other non-existing ing sections of For example, Subsection 18.80.1 20. A .2 . e. ( conformance with a 1) requires co S � Code, Subsection 18.80.120.A.2, g(1) Subsection (4) which is not in the Co this subsection and the open space requirement in references a nonexistent this subsection conflicts with requirements al the next subsection. Several other sections of the Development Code also implement the plan policies. The Site Development Review portion of the Code applies to all new residential development except single family detached dwellings dup i exes' which are not a part of a larger development. The site Rev i ew City of Tigard -51- April 4, 1984 approval standards (Section 18.120.180) cover a wide range of design requirements which are similar to the Planned Development section of the code. The above table of residential 'uses shows that duplexes, manufactured home subdivisions, and parks are conditional uses in the City's R -3.5 and R -4.5 zoning districts. The Conditional Use Permit section of the Code (18.130) establishes approval standards and conditions by which a Hearings Officer may approve, deny, or modify a conditional use request. Section 18.130.040.0 allows the Hearings Officer to impose conditions which "may include, but are not limited to" the twelve conditions listed in the Code (p. 240) Manufactured housing subdivision or park development must also comply with the Manus a. cured/Mobi le Hop e Regulations of the Code (18.94) which contain clear and objective. standards. Objections The Home Builders Association of Metropolitan Portland and 1000 Friends have objected to the Density Transition (Section 18.40.040) requirement ii in the Code because it has the potential to reduce the allowable density in a zone and thereby reduce the City's buildable lands inventory and its Builders estimate of building units and residential densities. The Home objection states: By limiting the buildable density to 125% of the adjacent planned density within 100 feet, it is clear that the ability to achieve the planned density on the land in question is impaired. The extent of that impairment is not explained or accounted for in the buildable land inventory, a violation of Goal 10. This is especially significant since the plan in Policy' 6.3 calls for regular expansions of the areas classified as established. That is, land currently classified as developing will at some point be, reclassified as established, placing the density transition restrictions on land that is currently unrestricted and benefiting land that has no reasonable expectation of continued lower density (Letter dated February 23, 1984, pp 4 -5). Response to Objection, This objection is partially sustained. The Density Transition �� . apply "developing" . 1 ands,4 but to the edges requirements do not a 1 to all adjacent to established areas. necessarily This requirement will ne space to recapture the allowable density b e y effect 1 arger percal r he and the 1 foot sufficient transiti on or when a Planned, Development overlay is in effect. Small "developing" parcels that are ad j actInt to "established areas" may not have sufficient area to permit a y experience reduced densities. Problems flexible lot d4s� with map designation � inconsistencies and the lack of €va<lu �tion of the p City of Tigard -52- April 4, 1984 density transition requirements under the buildable lands analysis,' however, do not allow a clear determination of the effect of this implementation measures. The concern about changing "established" area boundaries was discussed earlier in the report. Objection The Oregon Manufactured Housing Association has objected to three parts of Tigard r -s Development Code: first OMHA contends that manufactured housing is seldom developed ed at densities greater than six dwelling units is develo per acre, so it s unlikely that manufactured housing will be located in the higher density R-12, R-20, and R -40 zones, second, OMHA objects to a statement in each residential zone which indicates that conditional use approval is °discretionary with the Hearings Officer, and third, OMHA objects to Sections 18.130.040(A)(1)(b)' and 18.1.30.040(B) in the en ended approval standards. The OMHA requests that manufacture housing be permitted outright . ri - • conditional use requir"emc.ats be amended 't o make them clear and- objects Response to Objection This objection is sustained Since the number of manufactured homes has Conditional Use section of the Code which contain subjective or d op - b 'tt d the R-3 and R�-4 5 zones or that the is • not been estimated by the City, it cannot be determined if sufficient exists or if amounts of land • for this needed housing type'' sections exist bar OMHA additional land is ed and must conditional changed in order co comply with are not clear and objective g . tae the Housing Rule. Although the various residential zones s in the actual nsOffi real 9 Hears Officer's discretionary conditional use section of the Code which is clear and objective for the two subsections cited by OMHA. Objections The Oregon Housing Divisicnw. 1000 Friends of Oregon, and the Home Builders Associatlan of Metropolitan Portland object to the City's R -40 Zone because the feel that open space, parking, and height limitations in . i . under acre. (Relate the Code effectively prohibit densities of 40 units per objections co ° iscussed n er the Buildable j concerning 4d �.,n� t density are d The Home Builders ses an example • report.) "lders letter u Lands Section of this report, the � Y s of a theoretical .91 acre R-40 demonstrate the R 40 densities 4O parcel to demonstr cannot be achieved (Letter dated February 23, 1984, pp. 2 -3 and attachement) Response to Objection This objection is not sustained. The R -40 area included in the City's buildable lands inventory is 10.68 net acres, adjacent to arterial and major collector streets on two sides, other developing areas to one " ° d ens i ty a_ a to thE,i south. Although sides and an esta bushed medium d � aye y hie'' as els, the greater 40 unit 'density' cannot be ac ed on small p c flexib`� l sty of larger parcels and careful design do allow densities of City of Tigard _53_ April 4, 1984 40 units per acre. It is also noted that if the Planned Development Overlay Zone is used with the R -40 parcels, the height limitations of the base zone do not apply except in the 100 foot �� established" area transition (Development Code, Sec. 18.80.080.A.3). Objection The Home Builders Association of Metropolitan Portland have objected to landscaping and screening requirements in Section 1E4100 100 of the Code, Specifically, the Home Builders indicate that the subsection to calculate required widhs of buffers and screening (18.100.130) is incomplete since the page in the Code which is supposed to contain the "buffer matrix" is blank. The Home P.uilders conclude that "without that matrix, it is impossible +� to determine how much land has been made unbuildable. Its : absence violates Goals 2 and 10" (Letter dated February 23, 1984, p. 4). Response Objection This objection is sustained. The "buffer matrix" page is blank which makes compliance with section of T° +gard's Code by a developer difficult. Further, the Landscaping and Screening requirements apply to all new construction, remodeling, and change of use which essentially effects all housing types and developments. Any buffer matrix used by the City must be consistent with the Housing Rule and must not have the effect of reducing density or adding unreasonable cost to a development, Objection The Oregon Housing Division, 1000 Friends of Oregon, and Home Builders Asso.,i ati o n of Metropolitan p Portland have objected si denti al open space requirements for single family attached and mltifami multifamily g � developments. The Housing Division summarizes this objection as follows. The Tigard Site Development Review process requires all new . er- family attache d48 square to multiple- f..�m�1y and s7n,g1 developments provide a private outdoor area of at le qi n, area per unit recreation of and a shared, usable outdoor recr^e 200 -300 square feet per unit. These Coen space requirements are a special condition irtoosed on P the effect housing multi l e family and attached housing) which l�ave are needed ect of types in Tigard. The requirements discouraging needed multiple -unit housing for low and moderate-income adding me households by add? n unreasonable , cosh (Letter, date February 24, 1984, P 4) Response to abjection This objection .. i u and common to requirements for i is ca have requ�r ton s_ sustained, . ace and Although recreation s Dace in multifamily for pry vote open p s ace � these 'requirement developments to compensate for reduced personal p J s do add to the cost of any single family attached and multifamily 'housing City of Tigard -54- April 4, 1984 development. It is recognized that these requirements may be desirable atd appropriate for many housing developments in Tigard. However, these private open space and recreation space requirements may not be appropriate for multifamily developments designed for seniors or other special use groups which do not demand as much private space and shared recreation area The application of these Site Review requirements to • y unnecessary cost to needed all multifamily housing developments could add unneces `aordable housing. Conclusion The Tigard Urban Area Plan does not comply with Goal 10. The City has done a very ,,thorough job compiling k►Ackground material on housing conditions, housing socio-economic levels of f T Tigard editions, housin costs, and socio -eco residents The City has also provided a detailed inventory of within the urban planning area. Unfortunately, several discrepancies es between the City's Land Use Map, Zoning Map, Buildable Lands Map, combined with the lack of County planning and appropriate zoning for most of the urbanizing area, make it impossible to completely .' evaluate Tigard's housing element. 'igard's calculations of buildable lands correctly follows the. Administrative Rule definition, but the end result in a a -less density of nine units per acre for new construction average yPless than the ten dwelling units per acre required by the Metro Housing Rule. Housing policies are mandatory and provide clear direction for uroviding' for diversified densities and residential types Other housing policies, the location of subsidized, g, establish a however, regulate t housing possibly vague compatibility test, and . modify the ha tt potential . residential density of some developing areas which are J to "established" p� (i � areas Wording plan's i° g strategies Development occurs. g plan s implementln � ies and the Development rdin in the Code indicate the "established" areas will expand' devtloPment The implementation measures + in the City's Development are a evelopment Code combination of general • requirements which, apply to most residential p requirements requests. Some . citations, mi ssi n�..� information, or with eques Unclear. developments and specific re uirements fore land use r problems with improper city g instructions Code, and these gaps could affect instructions exist in parts of the Co housing densities and development. g Y g districts � .. g outright W . least sufficient detail on the T� and s zonln districts permit all housing types three zoning districts; however the plans lacks su ...q� sufficient of needed manufactured homes to adequately determine if sufficient amounts of zoned land is this .d housing. The land is available to meet, this neede . i l Use section of the Code includes two criteria or standards Conditional are discretionary and could affect needed'', housing that area reviewed as conditional uses in the zone. City of Tigard -56 April 4, 19.84 10. Amend the R -3.5 and R -4.5 zDnes to allow manufactured .housing as an outright use or amend the Conditional Use approval standards 18.130.04.A.1. b. and 18.130.040.0 to be clear and objective, or add a new manufactured housing zoning district of sufficient size and density to meet identified manufactured housing needs. 11. Amend the Landscaping and Screening section of the Development Code to include a buffer matrix cited under Subsection 18.100.130. 12. Amend the Site Review section of the level opment Code to add an additional category under 18.120.170, Exceptions to Standards, for granting an exception to the Private Outdoor Area and Shared Outdoor • y housing or other is that can demonstrate a si d housing develo men senior multifamil ou other needs p reduced ati�n Areas requirements for sen demand for private and shared outdoor recreation area, or demonstrate that the additional costs for the required Private Outdoor Area and Shared Outdoor Recreation Area will not add unnecessarity to the cost of affordable housing or have the effect of discouraging needed housing. GOAL 11 PUBLIC FACILITIES AND SERVICES Factual Base Water Service The Tigard planning area is presently served by the Tigard Water District `g and the Metzger Water District. The Tigard Water District serves the area southwest of Highway 217 or about 80 Percent of the Tigard area (Resource Document, p. 194). to e: The . for Washington area noted i n e maJor water problem the nt is the lack of of Metro 0litan water . Resource, Dooum, 9 discussion o r sources is p to meet the groundwater sources t increasing � demand. A general o via Ci City Ti of Water District obtains d Lake water~ included tin the Resource Document. from the Clackamas River (via ~ ake Oswego) from Bull Run Watershed (via City of Portland) and from its own wells. It is estimated that Lake Oswego can supply all of the Tigard Water District's needs to 1990 . after which 9 reater`' reliance on Portland water will 1 be �l necessary. The Metzger Water District receives water from Portland, and contracts with Port1and s hnul d insure adequate supply to meet the needs during the planning period (Resource Document, pp. 195-199). The Tigard Water District upgraded its distribution system during the. 1970's and provides' excellent pressure and fire flows throughout the system. The, district. has 20 million gallons of storage and Hit is envisioned that no additional storage will be required prior to year 2000" (Resource Document, p. 198). The Metzger District is undergoing a program to replace ce substandard pipe and. upgrade its V Je 1114■ _ • • City of Tigard -55- Apri1 4, 1984 In order to comply with Goal 10, Tigard must: 1. Coordinate with Washington County for the application of appropriate plan designations and zoning the the unincorporated portion of Tigard's Urban Growtt. Boundary consistent with Tigard's Comprehensive Plan and the Metropolitan Housing Rue. 2. Amend the plan to include an assessment of additional manufactured homes; a needed housing type, that are projected for the planning period. 3. Delete the 20 acres of Low Density residential land from the buildable lands inventory that is adjacent to Cook Park and within the Tualatin River floodplain. Comply with the Metropolitan Housing Rule by providing p y • ° � y g an overall average density of teed units per acre net resider;,tial buildable acre (OAR 660-07-035) or take an exception in the plan to the Housing Rule. Calculations of overall density shall include consideration of density reductions due to transition from established to developing areas. 5. Delete Policy 6.1.2 dealing with dispersal of subsidized housing, or, provide an analysis in the plan why this policy will not u nnecessari' ly add to the cost of needed assisted housing and more ' clearly define the term "subsidized housing." 6. Delete Policy 6.3.2.b regarding compatibility tests from the plan or amend that portion of the Policy so that all requirements for developments abutting existing neighborhoods are spelled out in clear and objective terms. e e e a (} Delete the Implementation Strategy 5 under 's �. der the plan 6.3 policies and delete the reference under the purpose subsection of Established Area - Developing Area portion of the Development Code to the periodic reclassification of "established" d" and "developing" areas (18.138.010.8); o er establishe t g 5 tlto indicate ___. p iodic fib} Amend Implementation �trate y ' updating " t. ed area boundary will not have the of the e�tabl�sh p y g residential below the, required i m act of rPd�ac i n the re " • ti al density stiden ten units per acre average. 8. Modify or correct the definition of Developing Areas in the Development Code (Sec. 18.138.020.13.1) by dole ting the reference to Subsection 18.137-015(A)(2) or cite the correct subsection. 9. Cckrrect erroneous or contradictory citations in sdbscctions .8 3. et 1 } and � b� of the Planned lD.�0.120.A. 18 o.l��!D�A�,�g�1} and �� Development section of the Code.. ,D i ty of Tigard -57- April 4, 1984 distribution 1980 bond issue systems. A $4.75 million 1 sue i s ufficient to -� finance these improvements and construction of a new reservoir to meet the system's needs to the year 2000 (Resource Document, pp. 198-199). Sewer Service In the 1960's, untreated sewage flowing into Fanno Creek led to a development moratorium and stimulated the incorporation of Tigard in 1951. A `-continuing sewer crisis in the Fanno Creek Basin led to formation, of the Unified Sewerage Agency (USA) in 1970 to serve' urbanizing areas of Washington County, including all of the. Tigard Urban Planning Area (Resource Document, p 199). The City of Tigard maintains its own • ' wn sewer collection system, which is primarily limited to the city limits, and has sufficient', capacity in its gravity lines to handle expected future +� ^ p ure development in each basin" (Resource Document, p. 200). The sewer service discussions indicates the City requires new developments to be connected to the sewer system, and that there are legal means to require exieting buildings with septic tank /drainfield sy Items to connect to sewer lines when they are available in an area Storm Drainage` The major drainage problem in Tigard is the increasing storm - water runoff and water pollution (from streets; Parking ., etc.) associated • °� ts, arkin lots, roofs with greater urbanization. "Much of the deficiencies that currently exist within the Tigard area are due to the lack of adequate storm drainage facilities in many areas and stream bank overlfow along the Fanno Creek basin" (Resource Document, P. 192). An engineering ` g oped a "Master Drainage Plan" for Tigard in ;1981, consulting firm cr,evel which used a computer model of the Fanno Creek Basin to study the impact of future land use conditions on flood and drainage in the basin. The plan contains storm drainage strategies, including comprehensive mn for Creek and major or tribut ry creeks to teducep otent al flooding. The Master Drainage Plan also includes t echniques and procedures for the design of drainage facilities throughout Tigard, and guidelines for erosion, sediment, and urban runoff control that can reduce the impact of development on i water quality. Solid Waste ` is responsi bi le for meeting the . , strict (MSD) The N�etropol�tan. Service Di Strict waste disposal needs for the metropolitan area, including Washington County and Tina• The Resource Document describes MSD's efforts to develop a resource recovery plant and its plans to locate solid waste transfer stations in the metropolitan area (p. 213) . Local solid waste collection is provided by three private businesses which operate under a franchise agreement with the City. The Resource Document indicates that opp es for : , recycl g p or$url"itl � 1'n� news apers, cardboard, glass, cans and motor oil are 'very limited in Tigard (p. 212). City of Tigard -58- April 4, 1984 Public Safety. Law enforcement services in the Tigard Urban Planning Area are provided by the Tigard Police Department and the Washington County Sheriff's office. Activities "of the Washington County Department of Public Safety and the Tigard Police Department are coordinated on a daily basis' (Resource Document, p. 202). The Tigard Police Department currently has 22 uniformed officers. The ,increasing number of crimes due to the area's rapid, growth in population and size and increased business development has lead the Tigard Police Department to develop a "Growth Impact Strategy" to deal with personnel needs and work load. Fire protection service in the Tigard Urban Planning Area are provided by the Tualatin Rural Fire Protection District (TRFPD) and Washington County Fire Protection District #1 (WCFPD #1). Most of Tigard is covered by the TRFPD which has three fire stations, one inside Tigard, to service the Tigard planning area. WCFPD #1 serves a small northerly portion of the planning area and has one station on Scholls Ferry Road to serve the Tigard area. Both districts have mutual aid agreements with each other and the Cities of Portland, Beaverton and Lake Oswego. No 'ire service problems are identified in the Tigard planning area. The Tualatin Rural Fire Protection District and Washington County Fire Protection District #1 are considering plans for consolidation of some of their serviices (Resource Document, pp. 202 -204). Schools The Tigard Urban Planning area is primarily served by Tigard School • extreme northern area of Tigard oervedcb 23J with households.. in ���.. ext Np y Beaverton School District 48. An inventory of the enrollment, capacity and acreage for each district's schools are included .in the Resource Document pp. 206-208). Both districts r the city and tricts are ne,. cap ad « expected additional d and Beaverton. l classrooms' or schools will be necessary try meet population increase for Tigard Other Services in of health services The brief discussion in the .Resource. Document o indicates there are no hosptals in the Tigard planning area, although there is a County health cynic. The nearest hospitals are in Tualatin and Beaverton. The Northwest Oregon Health Systems organization has the primary responsibility for health service planning in the Tigard area (Resource Document, p 20'x) • Tigard provi'es library service to th:. planning area residents plus Tigard � sidents plu peopl+e residing " King City, Bu i l . Mountain, Metzger, and Durham es�dting � in . m. « • p t, in the (Resource Document, p � �l l) The library i s a participant Library Services Program. �ci an Washington County Cooperative ,� g 7/ City of Tigard -59- April 4, 1984 Electricity is provided by Portland General Electric to all of the Tigard area Northwest Natural Gas is the only provider of natural gas in the planning area. Telecommunication services are mainly provided by General Telephone with a portion of northeast Tigard served by Pacific Northwest Bell, Plan Policies The Tigard Comprehensive Plan contains several policies relating to public facilities and services. Two overall policies for orderly and efficient growth are 7.1.1 The City shall: a. Prepare and implement a capital improvements program in conjunction with Washington County and the applicable service districts; h. Work with the service districts to provide a coordinated system for providin g services'• c. Provide urban services in accordance with the comprehensive plan to the ,extent of the city's financial resources; d. Use the capital improvements program as a means for providing for orderly growth and the efficient use of land; e. Develop a comprehensive plan with consideration being given to the level and capacity of the existing services; and f. Adopt locational criteria as the basis for making decisions about the, proper location. for public facilities (p. 42) . 7.1.2 The City shall requires as pre-condition 'itian developmen t approval that to a. Development coincide with the avai l i bi l ity of adequate service capacity including: ,1. Public water 2 Public sewer (new development on septic tanks shall not be allowed within The CitY)A, and 3. Storm drainage b The facilities are: City of Tigard -60- April 4, 1984 1. - Capable of adequately serving all intervening n properties and the proposed development; a 2. Designed to City standards. All new development ut i 1 i t i es to be placed underground. Water service policies relating to domestic service and fire flow needs state: 7,3.1 The City of Tigard shall coordinate with the Tigard Water District and Metzger Water District to provide a high quality of water service to meet future demands at all times (p• 46). 7,6.1' The City shall require as a pre - condition to development that: system having Y a The development be served by a water otectio. adequate water pressure for fire purposes; b. The development shall nJt reduce the water pressure in the area below a level adequate for fire protection purposes; and c. The applicable fire district review all applications (p• 49). Sewer service policies commit the City to coordinate an orderly provision of service to existing and developing areas. Key policies are 7.4.1 The City ,shall: a:. Develop a compreheni ve sewer plan that identifies the present and future capacity needs for a sewage system in the pinni ng area, and probable routes of future trunklines.; h. Require that future extensions of collector sewer ity ordinances be cons 1 steni. with all c and agreements the Ci t. s between �` of Tigard, County and the Unified Sewerage Agency (.,USA). e. Adopt a clear and conc isy ae agreement with USA, implementing the City's policies for extending the availability of sewer services and encouraging the phasing out of septic tanks (p . 46 9 City of Tigard -61- April 4, 1984 7.4.3 In the development of new sewer systems, priority shall: a� First, be given to areas having health hazard problems which will be determined by DEQ; and b. Second, be given to areas where the cost - benefits are the greatest in terms of number of potential connections (p. 46). 7.4.4 The City shall require that all new development be connected to an approved sanitary sewerage system (p. 46) • The provision of adequate storm drainage facilities and water pollution controls both now and in the future as urbanization continues was identified as a concern in the Resource Document. The two detailed storm drainage policies in the plan are: 7.2.1 The City shall require as a pre - condition to development that a. A site development study be submitted for development in areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse offsite impacts b, Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can solve on -site drainage problems and will assure no adverse offsite impacts; c. All drainage can be handled on -site or there is an alternative solution which will not increase the offsite impact; 7.2.2 The 100 year floodplain eleva tion as established by the 1981 Flood Insurance Study conducted by the U.S. Army Corps of Engineers be protected, and eh Erosion cnntrol techniques be included as a part of the sit 6 development plan (p 44) The City shall; a • Include in its capital improvements program plans for solving drainage problems in the existng developed areas; • Recognize and assume its responsibility for operating, planning and regulating wastewater systems as designated in the MSD Wastewater Treatment Management "2O8`" Plan,: and r City of Tigard -62- April 4, 1984 c. Apply all applicable federal and state laws and regulations with respect to wastewater (p, 44). On solid waste policy provides for the opportunity to establish a solid ,. _. ..- .. waste recycling center in Tigard. .. - wi.r.wW.w3+yw- .+.#4rorh^�'xr waste � A second policy on solid was �n ►anageme`bt'�s'tate�: 7.12.1 The City shall recognize the Metropolitan Service District's (MSD) responsibility and authority to prepare and implement a solid waste management plan, and 4will participate in these procedures as appropriate (p. 54). Othe p olicies in the plan provide mandatory direction for coordinating with the school districts private utility co mpanies, and agencies responsible for health service and other social services. The plan also contains police and library service policies regarding local po1� Implementation Measures Utility standards and regulations are contained in several sections of Tigard's Community Development Code, The Site Development Review section of the Code (Sec. 18.120) requires submittal of a site analysis drawing showing various site conditions, including drainage patterns, and of ,a development plan which shows proposed utility lines. This section of the "all drainage plans shall be designed in Code also e requires the criteria ali in the adopted 1981 Master Drainage Plan" accordance with (Code, Sec. 18.120.180), The subdivision section of Tigard's Community Devlopment Code requires approval of a preliminary plat which shows: 11. purpose, ure type and size of all the pose9 location, i he following (ithin and adjacent to the proposed subdivision) existing and proposed: Public' and private sanitary and storm sewer lines, domestic water mains, including fire hydrants, gas mains, _major power [transmission sion lines], telephone transmission lines and watercou rses • 15. The sub inundation or storm location of all areas • subject to f ocation, width and direction flown of all! Watercourses and drai nageways, (Code, flow of Sec. 18.160.070). r 1' City of Tigard _63_ April 4, 1984 Approval of a major or minor partition requires demonstration that adequate public facilities are available to serve the proposal and rt,hat all improvements meet City and applicable agency standards (Code, , Sec. 18.162.030) . A third section of the City s Code entitled Street and ; Utility Service Standards requires sanitary sewers to be installed in accordance with policies in the comprehensive plan and shall be oversized to serve additional ~development in the area as projected by the Comprehensive Plan (Code, Sec. 18.164.090). Subsection 18.164.1,0 includes several storm drainage standards including accommodation of "upstream" drainage and the effect on "downstream" drainage in accorcance with the Master Storm Drainage Plan. The most recent Washington County - Tigard Urban Planning Area Agreement .expired on January 1, 1984 , and the earlier March 1980 agreement is in affect a g ain (s ee Goal 2 for additional information). The March 1980 agreement contains one clause that "The County will request that the � a of new • y (USA) prohibit the connection Unified Sewerage Agency developments...within the Urban Planning Area to USA system facilities without prior approval of the City of Tigard" (UPAA, Sec. 5.E). Comments The Oregon Department of Environmental' Quality and the Metropolitan Service District both commented on Tigard's Goal 11 element by noting there is no discussion in the plan of the existing a nd projected service capacity of the Unified Sewerage Agency treatment plant which services Tigard.. Conclusion" The Tigard Comprehensive Plan complies with Goal 11. 9 • public .l background material inventories and describes all major r pricic The plan's b City facilities and xrvices provided by the Cit and various or agencies serving the Tigard Urban Planning Area. Needed improvements g to key public services during the planning i are period are identified and expected costs and responsibilities for those improvements a discussed. clear mandatory direction i icient Policies provide ion for coordinated and efficient within limits urban planning provision of urban s •thin the city 17mr, s and to meet projected growth. Two detailed policies on storm management address the City's major urban service problem discussed in the plan. The primary implementation measure is the City's Community Development which provides for review and approval ,of propo farmed d acio meet Code whi sed public face �t�es and services to insure they are adequate to meet p p Tigard � � : . g Master M tS. A • s us Ca It a Tigard has an' adopted .torn Drainage M detelo men which is used pas al standard for storm water management on new p Improvements Program document is undergoing City review. City of Tigard ., -64- April 4, 1984 Suggestion for Plan Improvement The City should coordinate with the Unified Sewerage Agency to include a discussion of the USA's treatment plant capacity in its Comprehensive Plan during periodic update or in the City's proposed sewerage system plan. The City is reminded the 1983 Legislature enacted HB 2295 which requires jurisdictions to :i-.velop` and adopt a public facilities plan for ,lands within an urban growth boundary (ORS 197.712) . The Commission-will soon e ' begin the process of - developing an administrative strati v rule to determine the components of a public facility plan. GOAL 12: TRANSPORTATION Factual Base Transportation issues are identified and discussed in the Resource Document (Volume I, pp. 1 -219 through I- 173).. The plan contains extensive background information on the City's present and future transportation needs. Roadways: A description of the City's street c1-5sification system is provided on pages 1 -222 through 1-224. As stated in the plan, Tigard 's trransportation system must be coordinated with ithe Metropolitan Service Dstrict's (Metro) adopted Regional Transportatio\1 Plan (RTP). However, thy. plan points out that the Tigard and s on system differs ' street classification from Metro's RTP in the following • ways: (1) Tigard 's "Arterial Route "' a . . definition does not distinguish principal Major .an.�'Minor Arterials, and (2) the City's "major collectors" cross over into the RTP's definition of minor arterials" (p. 1 -223). The plan describes in detail a number of problem areas within the City requiring collector street improvements (pp. 1-227 through 1- 236). The suggested improvee ren is are discussed according to the Neighborhood Planning Organization (NPO) areas (p. I- 233 p i g i ... r street � significant collector identifies that all seven NPOs have. s� �blerr areas includes problems. of the seven pr udes t developmentTof most $ "direct connection" between Murray Blvd. and Pacific Highway 99. Presently, the City. and Washington southwestern portion of the agree do not on the location and size of the route in Tigard UGB. Because of the disagreement over this route, and other concerns, the Cit and the County adopted a temporary urban growth g City . . . 1 planning area agreement (UPAA) that lasted from June 1983 to January 1, 1984. The purpose allow sufficient tuna to p � e of the temporary UPAA was to resolve this transportation issue and other issues as well (Section VI of the UPAA). When the UPAA expired red on January 1, 1984, none of the issues w ,w. , i yP y agreed were � rea1 ved and the C� t and Washington Cound � h �lar+cht 1980), nor The p (adopted between te C i t: the Provisions of a previously adopted UPAA (ado to older UPAA does not address this transportation Problem �` and the County. r rev 'City of Tigard -65- April! 4, 1984 In addition, Metro comments that the following inconsistencies exist between the RTP and the City's transportation plan: • The Tigard Plan does not include or specify regional transitways and transit trunk-lines as identified in the RTP; The Tigard Plan does not identify other streets suitable for subregional transit trunk routes and local transit service as a guide to Tri -MetA The plan does not designate Pacific Highway as :. as an RTP- Principal Arterial, and Minor Arterial designations identified by the City are considered premature by Metro; and - The plan does not yet resolve the issues surrounding the need for an alignment of potential Major Arterial connections between 1 -5, Pacific Highway, and Murray Boulevard." Public Trans prtation /Transport .' plan 1-249 that p, tat�c�n Disadvantaged The tan states four Tr.' -Met bus Ines serve the Tigar. anning Area (pp. 1 -249' and 1- 250)). Although ridership has increased, the plan states that the percentage of ridership is low (p. 1 -250). The plan states that Tri' -?let identified Tigard 's downtown area as the site of a major new transit center (p. 254). The new transit center is designed to accommodate ten buses. The center would also include space for Greyhound buses, taxis, bicycle racks, shelters, etc. In addition to Tri -Met, other services are available for the transportation disadvantaged through Mobility Services, Inc., Washington County CommunitJ Action, and Washin g ton County Public Welfare Children' s Services (p. 1 -256). The plan states that approximately 1,000 people in Tigard are transit dependent (p. 1-256). Pedestrian/Bic c ._._y; ° plan _t cl a Pathwa s The l an states th�.�,� some 40 miles tof sulks. an bi epathes exist in Tigard (p. 1-257). Most of the paths are in new subdivisions or near schools. The City adopted a Comprehensive Pedestrian/Bicycle Pathway Plan in 1974. tne Included as part. of the City's plan submittal, ne pathway plan identifies prime areas for pathway development. The plan states that lack of funds is the primary problem in developing the paths. .. ortation :..Types: The plan briefly describes the railroad Other Tra.�tsp Th service provided to Tigard (p. 1 -258). Two private railroad companies, Burlington Northern and Southern Pacific, operate trains through Tigard. • Paliies, The plan includes the fel owin ' policies on •transportation issues in • Tigard* City of Tigard -66- April 4, 1984 8.1.2 The City shall provide for •efficient management of the transportation planning process within the City and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions (P. II -56). 8.2.1 The City shall coordinate with Tri -Met to provide for a Public transit system within the planning area which: a. Meets the needs of both the current and projected, for the Tigard community; b. Addresses the special needs of transit dependent population; c. Reduces pollution and traffic, and d`. Reduces energy consumption (p• 11 -58) 8.3.1 The City shall coordinate with Washington County, Tri -Met and other regional and state agencies in the identification and accommodation of individuals with special transportation needs (p. II -60). 8.4.1 The City shall locate bicycle /pedestrian corridors in a and bicycle users i manner which Provides for Pedestrian safe and convenient movement in all parts otheh ado ty, by developing the pathway system shown on p pedestrian /bikeway plan (p. 11 -60). An additional policy states the City will encourage the use of public (1) locating near transitways, s, • and transit by () locate urban development ne . transi facilities requiring development proposals to provide raps . (p^ 11-59). Other policies require certain street improvements (R -0 -W, curbs, sidewalks, parking, transit stops, pedestri an /bi kepaths, etc.) as a pre- condition to development approval (pp. II -56 and 1.57) Implementi'rq Measures The Tigard Development standards for streets 9 evelopment Code includes construction s s (Section 18.164). Section 18.164 includes standards for street. widths, -r, right-of-way, design, ee ��� � n � etc The intersections, curb -cuts, r� ght of wad. block des' ... ; s requirements for visual clearance, Development Code also includes , , parking, access and circulation, (Sections n and signs S 18.108, and 18.114). The plan includes a transportation map. However, as indicated above the corridor the regional iona classification is hit consistent with t transportation plan. °City of Tigard ..67.. Apra 1 4, 1984 Q ection: Washington County objects to the acknowledgment of the Tigard l an because the transportation plans of the City and the County are inconsistent. According to the County, the Tigard Plan "calls for improving and utilizing a number of existing minor collectors," whs the County plan identifies a major collector facility to connect Murray Blvd. to Pacific Highway 99W. � As stated above, the Metropolitan Service identified E. rvice District (Metro) several transportation-related i neonsi stenoi es in the Tigard Plan, including the County's concerns in its letter of comment to the Department. However, because the City has stated in writing its willingness to resolve the ,e differences, Metro de ermined that an objection was not necessary. : Department s;ipports the objection raised by Washington Response. The p based upon an • transportat en plans "be bas �o�nty. Goal 2 requires than ,�� inventory of local, regional, and state transportation needs" and "conform wit0 local and regional comprehensive plans." ConL lusion The City of Tigard does not comply v Ith Goal 12. The Tigard Plan provides a good deal of background information on the City's gexisting road network and problem areas. Adequate information iS j plan regarding to satisfy the provided ardin public transportation and the rov�d�;�d �n the disadvan policies are adequate y disadvantaged. transportation is o f Goal 12. However, according to information in the plan, Plan pe requirements o requirement to insure that the the Cityhas not yet sa ti sf i ed the Goal 12 y plan plans of the local and • ,` r 1 an c orms with the plan transportation oaf regionaltrcomprehensive plans, in this instance Washington County and regional Metro has noted that the Tigard Plan is inconsistent with the regional transportation plan (RTP) on several counts (refer to Factual Base discussion). Metro's RTP has b een prepared with input from affect ed y i eg i` 1 need strategy ,")r jurisdictions and represents an impTheaC�t regional sto work with t an transportation solutions. y transportation o ' plans. bothothelCounty and Metro to establish consistent transpor. In order to comply with Goal 12, the City of Tigard must: Coordinate with Metro 1. Co and Washington Count,, on the development of conistent transportation plans. GOAL 13. ENERGY CONSERVATION Factual Bash The Re source Document influence s a brief of ways local government .Went contain can energy conservation. Two basic strategies are identified: City of Tigard -68- April 4, 1984 1. Adoption of an energy efficient land use plan which supports mass transit, other alternative transportation modes, higher residential densities and mixed uses, and . Adoption tion of ordinances which require such measures as weatherizaton, 2 solar design considerations, and solar access. The high percentage of energy consumption by automobiles and residential space heating is noted in the Resource Document. Also cited is the Portland energy Conservation Project Study which indicated the Metropolitan area could save up to 34 percent of its projected energy consumption in the mid 1990's through conservation programs. Plan Puies Tigard has three energy conservation policies: 9.1.1 The City shall encourage a reduction in energy consumption by increased opportunites for energy conservation and the production of energy from alternative sources. 1.2 The City shall establish a balanced and efficient 9. transportation system which complements the land use plan and is designed to minimize energy impacts. 9.1.3 The City shall encourage land use. +development which p energy and emphasizes sound. �ner conservation, design . construction (Plan, P. 63). Several policy implementation strategies address encouragement of and coordination with public and private . energy conservation programs, and �` efficient building Development Code provisions to provide for energy design and construction, a,nd mixed. commercial-residential use impl ementati an Measures The Tigard Development Code Site Review and Planned Development seons have , identical energy conservation provisions. Thee i provEions are follows APProva1H Standards 3.a Relationship to the Natural and Physical environment (4) 4- The structures shall be oriented with consideration for the sun and wind directions, where possible.. 3.d Private outdoor Area- Residential Use (2) Whenever possible private outdoor open spaces should be oriented toward the sun. City of Tigard -69- April 4, 1984 3.h Public Transit (1) Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based one (a) The location of other transit faci1ities in the area, and (b) The size and type of the proposed development. The City's Central Business District and Professional Administrative Office Commercial District both allow mixed residential development consistent with policy implementation strategies. Conclusion The Tigard Urban Area Plan complies with Goal 13. The City has identified energy conservation strategies available to local government and has deviloped its land use plan to include higher residential densities and orientation along mass transit corridors. Policies encourage energy conservation in construction and design, and commit the City to a balanced and efficient transportation system. Implementation measures are limited at this time to approval standar s in the Site Review and Planned Development sections of the Development Cod that encourage solar orientation and public transit amenities. GOAL 14: URBANIZATION The City of Tigard is within the Metropolitan Regional Urban Growth Bounda ry. The seven factors of need and locational reasons fur establishment of an urban growth boundary were addressed by Metro during formation of the regional boundary and, the refore, Tigard is not required to address the seven factors of Goal 14 The Goal 14' compliance requirements for conversion of urbanizable, land to urban uses are applicable to Tigard Factual Base The Resource Document contains an Urbanization element which describes the role of the Metropolitan Service District in the establishment of the metro urban growth boundary (Pp. 282 -283). Also ' nc1'ided in the document is a summary of Metro's g rowth man g en p ol icie 5 for r surp. l us lands within the reg ional urban growth bound m The c�t y limits and the Tigard Urban P1 an ni ng Area ( TUPA ) are completly with In Metro's adopted . urban growth boundary (Resource Docutr'tont, p. 283). f City of Tigard -70- April 4, 1984 Using the buildable land inventory and other information in Document, the following tab provides a breakdown for Tigard's urban planning area Developed' Acres Residential' Commercial Industrial Needed' Acres 906.23 195.30 277.57' Total 4,871.35 1,379.10 1Resource Document, p. 44. 2Resource Document, P. 293. the Resource land within Vacant2 Buildable Acres Total 1,306.57 270.01 224.52 1,801.10 It is noted that pages 44, 283, and 293 in the Resource Document have conflicting figures for the amount o f developed ,acres, bui l dzbl e > acres and constrained acres: Plan Policies The urbanization section of Tigard plan includes several findings about the City and County's , intent to provide for the orderly and efficient g through the Urban Piannin service development of urbanizing land thrau h th Agreement , and urban policies address annexation a Plan policies a extension. The key City annexation policy is: 10.1.1 Prior to annexation of land to the City of Tigard a The City review . , the following view each of t services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will ` ` educe the 1 e ;ie1 of sele'v cEs not significantly to developed and undeveloped land within the City of Tigard t, The services are: 1' . Water 2. Sewer; . Drainage 4, Streets 5. Police; and ii. Fire protection. "City of Tigard -71 Apri 1 4, 1984 • If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a Local Improvement District (1...I D.) for any of the following services that col;i d be ,provided through such h a district. The extension or improvement of the following: a) Water; b) Sewer; c) Drainage; and d) Streets. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. • The City shall provide urban services to areas within the Tigard urban planning area or with the urban growth boundary upon annexation (p. 67). The City has an Annexation Ordinance (No. 82-29, 6/28/82) which this policy by requiring 'annexation applications to include: th�,. of urban implements (51) a availability, capacity and status o services, including npolhce,alire and school fclities; (2) a statement of sed demand for public facilities � }rv" generated the ro osed development within the annexation area, ceh enerated by the increased itie;s end ��.. � p p P The ordinance also indicates the City will refer all annexation requests to the _'Portland Metropolitan area Local Government Boundary Commission. Other service extension policies are: 1 0 2 . 1 The. City shall not approve the extension of city or Unified Sewerage Agency (USA) lines except: • Where applications for annexation for those properties have been submitted to the City, or Where a nonremonstrance agreement Co ' annex those has been signed and recorded with Washington County and submitted to the City; or Where the applicable state or corn iiy health agency has declared that there is a potential imminent health hazard: City of Tigard _/2- Apri'I 4, 1984 10.2.2 In addition to the requirements of Policy 10.2.1, the extension of sewer lines outside of the city limits shall, not reduce the capacity below the required level for areas within the City. 10.2.3 As a precondition to the approval of the extension of services outside the city limits, the City shall have the right of review for all development proposals outside the Tigard city limits but _within the Tigard' Urban Planning Area (reference Tigard° s Urban Planning Area Agreements with Washington County). The City shall require that development will not a. Preclude the fu, ~ther development of the properties to urban densities and standards; or b. Preclude the subsequent development of surounding properties. This review shall include the following factors as set forth in the Tigard comprehensive plan and appropriate implementing ordinances: a. Land use; b. Density; c. Placement of structures on the site; d. Street alignment; and e. Drainage (Plan; p. 68). Urban Planning Area Agreement The City and County Urban Planning Area Agreement currently in effect was adopted ire 1930. (A ;more recent and detailed agreement between the County rind City expired on January 1, 1984 and the 1980 agroement,again became he effective agrearnent. ) The 1980 Urban Planning Area Agreement . , A ree m ent (UP AA includes brief sections which describe ol anni n g responsibility, joint referral of land use iannexation policies, and amendments to the agreement, The UraAA indicates the "county's comprehensive plan and implementing Ordinances are the legally binding land use regulations in unincorporated Urban Planning ' Areas..." (p. 2), The agreement goes> on to indicate that the City and County Plant for the area are inconsistent and that the County Shall consider a legislative amendmen'e to the County Plan of Development within the Urban Planning Area to reflect the City Comprehensive Pla, designations and to include the City's supportive data and findings (p. 3) -73- April 4, 1984 In reality, the status of the planning 0tnd zoning for the unincorporated urban planning area is that there is old, suburban level County zoning in effect, but no County land use plan or designations. The County intends to City's plan designations and update the zoning for the area adopt the. Cit s plan desi nations upon acknowledgment of Tigard's plan (personal communications with Elizabeth Newton, Tigard Planning Department and Kevin Martin, Washington County Planning Office, 3/20/84) Since the.-1980 agreement does not adopt the City's plan and land use designations, Tigard's plan policies and land use designations technical ly have no effect on land u se decisions within the unincorporated urban planning area (Note: This inconsistency is the result of the reversion to the 1980 agreement. The 1983 Urban Planning Area Agreement, which expired January 1, 1984, states the _Cty will be responsibly: for comprehensive planning and the coordination o' urban services in the active planning area.) The 1980 agreement further states the County will provide the City with the opportunity to review and comment on comprehensive plan and ordinance amendments and proposed land use actions within the urban planning area such as subdivisions and major partitions, construction and mayor sewage collection systems, and major street improvements. The City will correspondingly refer similar items to the County for review. The last section of the agreement contains five 01 speci a1 policies" that state. A. Annexations to the CITY within the Urban Planning not be opposed by the COUNTY. B Annexations to the CITY outside of the Urban Planning Area will not be supported by the COUNTY or CITY. C. The CITY and COUNTY will cooperate in planning facilities. Area will for urban a The COUNTY will not approve a land use proposal in the Urban evidence to show that the P ropP Planning would, not hf cilitatesan urban level of developoment in the future upon annexation to the CITY. The COUNTY will request, that the Unifired nc Eh gyred: Sewerage Age, y (USA) prohibit the connection of new developments k ri t) within tke Urban built after adoption of this agreement) Planning Ar ea t o USA system n face l ities witholt prior r approval of the City of Tigard As noted above, the absence of County plan and appropriate zone designations for the urbanizing area makes it difficult to determine if these special policies are sufficient to provide for an orderly and efficient conversion of urbanizing land to urban densities. City of Tigard -74- April 4, 1984_ The UPAA includes a map of the Tigard planning area boundary as an exhibit to the agreement The boundary shown on this map is different than the boundary shown on some of the City's maps and the later (1983) agreement. This inconsistency is identified as a coordination issue under Goal 2. Objection 1000 Friends of Oregon objects to acknowledgment of Tigard's plan and Goal 14 element because: 1000 Friends has learned that the City of Tiga^rd and Washington County are in the process of negotiating an updated Urban Planning Area Agreement. The plan should not be acknowledged until the two bodies adopt an agreement which is consistent with the Comprehensive Plan (letter dated 2/24/8+, p.9) . Response to Objection This objection is not sustained. The P rocess of negotiating an updated Urban Planning Area Agreement is not a Goal compliance issue. The jurisdictions have an aye'eement in effect which is the basis for this review, Comment The Metropolitan Service District h commented' that there are no .,ervice Distr-,�t has acknowledgment issues of major concern under Goal 14. Conclusion The Tigard Urban Area Plan does not comply with Goal 14. . Service The Resource Document describes the role of the Metropolitan District " p: " � land are' included in istrict in developing the regional urban grow h boundary Figures for Y 1 al and industrial figures are inconsistent with buildable residential, commercial the urbanization element, however, these "g. other figures in the plan Resource Document. rbani address The City has several clear u `nation policies which a ss a of land within this urban planning area and the timely and orderly extension of urban ervices to developing policies* The 1980 Washington County - Tigard Urban Planning Area Agreement designates the County as the responsible jurisdiction for planning and zoning of unincorported' land within the City's urban planning area. Information � to the Department indicates that Most matron ava�lab�l�. { rated lands aye currently "planned by Washington County and unincorporated not old, inappropriate suburban zoning is, in effect (see also Goal 2 discussion). v. *City of Tigard -75- April 4, 1984 The 1980 agreement contains policies for the provision of services in the unincorporated portion of the planning area However, without consistent plan designations and zoning in the unincorporated area, and additional policies in the agreement that require large minimum lots (10 acres) or detailed re division e.. plans, the orderly e.„ I'd efficient conversion of re division urbanizing land to urban densities cannot be assured: In order to comply with Goal 14, the City of Tigard and Washington County must: 1. Amend the 1980 Urban Planning' Area Agreement or develop a new agreement _ that: a, Includes policies and standards to insure that the conversion of urbanizable lands to urban uses shall occur "n an orderly and efficient manner. Interim development below urban density or urban development levels must be controlled through application of appropriate holding zones to assure that full urban development can occur consistent with the plan, and b.' Includes a map which clearly shows the approved Metropolitan' Regional Urban Growth Boundary and the Tige'rd Urban Planning Area Boundary. Suggestion for Plan Update: As part of the first major plan update the ,ty s ou review acreage `'igures on pages 44, 283, and 293 and provide consistent figures in the Resource Document and Plan for the amount of vacant buildable land withiry the urban planning area COMMENTS RECEIVED 9 acknowledgment statements on The following parties have S24 1984 this a knowle request. Comments ,were. due y y y /Individual, 1. Metropolitan Service Objection District Oregon Manufactured Objection Housing '. Washington County; Objection Housing Authority 4. 1 000 Friends of ot'egon Objection 5. Washington County Land Objection Use;' and Transportation Department Position r Goal Date Received 2, 10 February 1, 1984 10 February 22, 1984 10 February 22, 1984 10, 14 February 23, 1984 , 12 February 23, 1984 City of Tigard -76- 6. Oregon Legal Services Objection' 7. Home Builders Association Objection 8 Oregon Hcusing Division Objection 9. Oregon Department of Comment Environmental Quality 10. Oregon Department of Transportation April 4, 1984 10 February 24, 1984 2, 10 F tr., ary 24,, 1984 2, 10 Fiebruo% 'y 24, 1984 6, 11 February ary 24, 1984 _�.. Comment March 2, 1984 OVERALL CONCLUSION The City of Tigard has prepared and adopted a plan which adequately addresses and fully complies with Goals 1, 6-9, 11, and 13. The plan does not comply with Goals 2, 5, 10, 12, and 14. • RECOMMENDATION Staff Recommends the Commission continue the City of Tigard's request to July 1, 1984, to correct deficiencies identified �n the plan and implementing measures under Goals 2, 5, 10, l2, and 14. GOAL 2: LAND USE PLANNING 1. The City and Washington County must adopt plan designations for all unplanned areas within the planning area 2'. For unincorporated areas, Washington County must adopt zoning consistent with the plan designations. ▪ Correct all plan and zone conflicts as identified under Plan/Zone Conflicts, above. GOAL 5: OPEN SPACES SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES 1. Amend' the plan t o determine which ►;4detl ands, dra na oways g , and creeks identified in the city's resource inventory are _:significant (1C) resources. 2 ▪ Identify conflicting uses and an al � y e the i ESEE E consequences of these uses upon significant resources identified n 1i� above. • Based upon the analysis in h2" above, provide plan policies and e the sensitive lands section) as outlined' lmple►nent�ng measures (� per, in the Goal 5 Administrative Rule (OAR 660 -16). Not This may require revision of policy 3.1,1. r City of Tigard -77- April 4, 1984 . Amend the Development Code to include setback standards (i.e., j open space and water areas and fish 25 ft. and apply to important and wildlife habitats (refer to Conclusion above). . Assign the Historic Overlay District to the five remaining important historic structures as identified in the plan. GOAL 10 HOUSING 1. Coordinate with Washington County for the application of appropriate plan designations and zoning the the unincorporated portion of T'igard's Urban Growth Boundary consistent with Tigard's Comprehensive Plan and the Metropolitan Housing Rule. . Amend the plan to include an homes, a needed housing type, period. . Delete the 20 acres of Low 'buildable lands inventory that the Tualatin River floodplain.` assessment of additional manufactured that are projected for the planning Density residential land from the is adjacent to Cook Park and within . Comply with the Metropolitan Housing Rule by providing an overall average density of ten units per acre net residential buildable acre (OAR 660 -07 -035) or take an exception in the plan to the Housing i ng de consideration Rule. Calculations of overailer,density. sha�1 inclu. . .. ping density reductions due to transition from established to develo areas. • Delete Policy 6.1.2 dealing with dispersal of ;subsidized housing, or, Provide . an analysis ` in the p lan 'why this policy will not ` and more "subsidized 'housing."g unnecessarily add to the cost of needed assisted housing define the term . Delete Policy 6.3.2.b regarding compatibility tests from the plan or amend that portion of the Policy to that all requirements for developments abutting existing neighborhoods are spelled out in clear and objective terms. (a) Delete the Implementation Strategy 5 under the plan's . 6.3 policies; and delete the reference under the n of pose i portion of `mss ablished Areabeveloping Area Code to the periodikt reclassification of Development 'established'' and "devel opi ng" areas (1 C 3O1 O. B t Amend Implementation St rategy 5 to indicate he p eriodi updat in g of the establ ished ar ea ° boundary will not the impact of reducing the residential density below he required ten units per acre average. • Modify or correct the definition of Developing Areas in the Development Code (Sec. 18,138.020.8.1) by deleting the reference to Subsection 18,137 -015 or cite the correct subsection. ( -78 April 4, 1984 Correct erroneous or contradictory citations in 18 .80 120.A .3 . e(1) and (b) 18 .80.120.A .3. g(1) and (2) of Development section of the Code..` 10. Amend the R -3.5 and R -4.5 zones to ailow manufactured housing as an outright use or amend the Conditional Use approval standards 18.130.04 A.1.b. and 18.130.040.0 to be clear and objective, or add a new manufactured housing zoning district of sufficient s e and density to meet identified manufactured housing needs. 11. Amend the Landscaping and Screening section ' of the Development to include a buffer matrix cited under Subsection 18.100.130.' 12. Amend the Sie Reviev section of the Development Code to add an additional category under 18.120,170, Exceptions to Standards, for granting an exception to the Private Outdoor Area and Shared Outdoor Recreation Areas requirements for senior multifamily housing or other needed housing developments that can demonstrate a reduced demand for private and shared outdoor recreation areas; or demonstrate that the additional costs for the required Private'Oilidoor Area and Shared Outdoor Recreation Area will not add unnecessarity to the cost of affordable housing or have the effect of discouraging needed housing. GOAL 12: TRANSPORTATION 1. Coordinate with Metro and Washington County on the development of consistent transportation plans. GOAL 14: URBANIZATION. 1. Amend the 1980 Urban Planning Area Agreement agreement that develop a new policies s a« Includes olicies and standards to ��E ure that the conversion of urbanizable lands to urban uses shall occur in an orderly and efficient manner. Interim 'development below urban density or development must be controlled through application of appropriate holding zones to assure full urban Je.velopment can occur consistent with the plan; and map y itan P Inch ides a ma which clean shows the approved Metropolitan Regional Urban Growth Boundary and the Tigard Urban Planning Area Boundary. Local Coordination Body Recommends continuance RH :MB :11 80348/50A R4 03/84 B. ZONE ORDINANCE city ofTTig armed 5-84 orr a Caomunity- WW1opment Code amendment to he definition of op Tigard with "Approval Authority" in Section "Wheel stop" i n Section 18.106.050 L � to replace "Commission" an b 18.164.030 C. Creation of Access Easements, to modify Chapter - .18.130 - Conditional Use to include requirements for Site Development Review (Ch. 18.120) to eliminate the need for `said review fo?lowing Conditional Use approval; and to establish a minimum size for accessory structures that require review under Chapter 18.144. a. Public Hearing Opened b. Potion by Councilor Brian, seconded by Councilor Edin to continue to August 13, 1984 Approved by unanimous vote of Council present. ,i..,.. ..v ,., t t C fl r±, Art • i, r , C AVM I PX 7. A request b - the "City' Of -Tigard- to revreW C,oafl 3 to comply statements and the floodplain and wetlands natural areas as identified in the ESEE section of Volume I of the Cworehens ve Plan. Also a request to adopt an amended floodplain and wetlands map. . a. Public Hearing OPened Director of Planning & Development syropsiued history, noting Council request for this issue to be heard and Planning Commission appro »al. c. Pubic Testimony: Elton Phii l i ps, 16565 SW lOBth Avenue, support request. d'. Director of Planning & Development recommended Council approval. e. Public Hearing Closed RESOURCE DOCUMENT N 83-52 MAD TER 18 84 OF f. ORDINANCE NO. 84 -45 AN ORgINl1lfCE A�''tENDING VOLE 1, DECLARING AN VOLUME 3, 'TOPE DEVELOPMENT 'CODE AS ORIGINALLY ADOPTED BY EMERGENCY (CPA 14-84) . Motion by Councilor Brian, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council res t COMPREHENSIVE' „ 3 JO O /PUBLIC HE nI A request by P City of T vgfii to increase r of units allowed in the Medium High Density Residential Plan designation from 13-20 to 13- Also a change i n the i ng district desi gna ti on i n the Medium Mi gh Density zone from R -20 to R-25. a. Public Hearing Opened b. Summation given by Director of Planning & Devel bment. c. Public Testimony: No one appeared to speak. Recammenda t i rrn of approval was qiven by Director of Planning Z Oevelooment noting Planning Commission approval. Public Bearing Closed ORDINANCE NO. 84-4E, AN t1RQI NANCE AMENDING THE COMPREHENSIVE PLAN MAP - 'LAND USE THE BUILDABLE LANDS INVENTORY MAP, THE BUILDABLE LANDS INVENTORY CONTAINED Iii URBANIZATION VOLUME I -= RESOURCE DOCUMENT:: CHAPTER 18.56 OF THE coMmONITY DEVELOPMENT CODE AND CHAPTER 18,40 OF THE CC"rJIIJNITY DEVELOPMENT CODE AS ORIGINALLY ADOPTED BY ORDINANCE 83-52 AND DECLARING API EMERGENCY. Motion by t L ncilor Brian, seconded by Councilor Edin, to adopt, with Exhibit WA" be ng retyped. raved b 4-, iori t vote of Council prese tt. Councilor Scott voting nay. Ordinance, will App re a se n cond ►?eau,„ 1. 30-84. �� A request C� ~ °1" ga clarify the matrix con ained in Policy 6.3.2 of the. Tigard by' the �` Comprehensive Plan. a. Public Hearing Opened' bµ Sumnatiion of history was given by Director of Planning & C evelopnent;. c. Public Testimony: No one appeared to speak. d., Recommendation of Director of Planning !C bevelop ent was to approve. e Public hearing Closed ORDINANCE NO. 84-47 AN ORDINANCE AM?ENOING POLICY 6.3.2(b) IN FIPDINGS, POLICIES AND IMPLEMENTATION STMTEGIES, VOLUME 2 Of THE COMPREHENSIVE P1AN AND THE COMPATIBILITY MATRIX: IN CHAPTER 18.26 OF THE COMMNITY ,0€VELOPmENT CODE (CPA 18-84) AND DECLARING AN EMERGENCY. Motion by Councilor Edin, seconded by Councilor Scott, to adopt with 'Section 1 reference to "matris" changed to "matriX ". Approved by unanimous vote of Council' present. CONSENT AGENOA: These items are considered to be routine and may be in motion n without separate discussions Anyone may request that an item be removed by motion for discussion and sepa action. Motion to: 10.2 Approve Council Minutes July 9 & 16, 1984 Receive and File: Departmental Monthly Reports Police Department Annual Report Approve Board and Committee Appointments 2 NPO Appoi n tmen is : John Mayfield on NPO #6 Christie Smith, on NPO #3 Approve & Authorize Signatures: Borsch Street Dedication &- Non-Remonstrance Agreement - 9935 S% Johnson Street Crossroads omes Morning7Hil III Subd. - Sewer Easement g - Street Dedication Approve Spring Priorities rare & Authorize Call For Bids Adopt Council Goals andt Overlay Program Motion by Councilor i v k by fill issue and t approve to 10.2 a memo for receive and cilor Brian, seconded b Councilor Score to add ' file from Planning regarding 72nd A en pprove the consent agenda as .amended. Approved by unanimous vote of Council present: RECESS COUNCIL MEETING: 8:00 P.M. EXECUTIVE SESSION: The Tigard City Council went into executive session at 8:OS P.M. under the provisions of ORS 192.6E0 (1)(e) to discuss real property transactions. RECONVENE COUNCIL MEETING 8:27 P.M. NON- AGENDA' ITEMS i� Administrator a to Y 135th LIO receipt u l b be held o 7-24-84 at P.M. n 4a �n9 County. he Ci t y ea i n public as assessment notice for SurnnerlakePark • in the amount of $18,758.16. b. Motion by Councilor Brian, seconded by Councilor Scheckla to receive and file notice. Approved by unanimous vote of Council present. 13. COMPREHENSIVE P LAN AMENDMENT-CPA 11 -64 /ZONE CHANGE -ZC -84/TIGARD WEST DEVELOPMENT COUNCIL REVIEW A review of the Planning Commission's denial on a request for a Comprehensive Plan Change' from Low. Density Residential to Commercial General and o 3.5 for a Zone Cha a from ft --3.5 (Residential • units /acre) to CG (Comm rcial General). Located: 10500, 13370 134 13490, & 13530 SW Watkins Ave., Tigard, NPO # 3' (WCTM 251 3DA lots 4700, 4800, 6100, and 6200 & 'NCTMI 2S1 300 lot 200). Legal Counsel stated the applicant was not present at the meeting. Oe recommended Council proceed with the consideration of the issue since the public notice for this item was scheduled for 7.30 P.O. Councilors Edin noted for ti� record that he has had one business dealing +pith applicants in the past, but felt he could be objective in hearing the issue. ASSOCIATE PLANNER ARRIVED.: 8:30 P.N. Councilor Scheckla stated he received more informyration at his hare rertarding questioned whether Council shout ld consider this additional hnfornation. noted the review s on the record before the Plaulning w commission and would conduct Counsel an argument style only . by .. persons , ` Planning Commission. l b those roans, heard before the instructed Council to not consider any new information received at their homes. Associ to Planner Newton noted the history of the issue and outlined the Planning C ission's find ` s. She noted that the Planning Comnni ss i on has not signed the final otter yet, . Council issue before the 'Planning Commission signed the final �* y of Planning & 0tvel nt responded that applicant Wished this Councilor Brian questioned '� Council was seeing this heard as soon as possible And has waived all procedural errOrs in Order to hasten the process, f 0 • 0 N CO 0 pue CITY OF TIGAim, OREGON PUBLIC HEARING NOTICE The following will be considered by h School Lecture Roomc10865Q ti��Walnut 1983 eett Tigard, Fowler . g is av b at bta n dVf om Ae City nd Deve p i pregonFurthe� information may be obtained from the Recorder or Director of Planning Tigard, Oregon, 97223, or by calling 639 -4171. • TEMPORARY USE PERMIT - TU 12 -83 to a ANTHONY'S SCHOOL - NPO #2 A request for a Temporary Use Permit 9/6/83 to 9/6/84, 64 Pacific Tigard, Oregon. • TEMPORARY PERMIT TU 113 -83INSURANCE ASSOCAT E NPO #1 Use Permit to allow a mobile office set on blocks A request. for a Temporary , , ditional office space. Location: 12501 SW Mair, f.om 10/X/83 to 10/1/84 for ad Street, Tigard, Oregon. • pA, I�:g� � ESEE - ILCDC GOAL SI PLAN AMENDMENTS - COMPREHENSIVE royal to the City Council for Comprehensive The Planning. Commission approval with. LCDC Statewide Planning Goal Plan Amendment CPA 14-83 to comply #5. The proposal y Economic, Report are available fortrevie w (ESEE) factors. Copies of the E Energy i at the Tigard Public Library, 12568 SW Main Street, Tigard, Oregon. TT6229 Publish September 29, 1983 1 +r 1 4 i Y -, i*FINMAYER 4 r , 4} M Irt r< + 7•.'�.r . ;vr, DEPARTMENT CAF P.ISTICI . HIGHWAY L AL.. i3 Tr,nsportation 5a4em, Oregon 97310 Telephone: (503) 371 -4259 June 29, 1982 Mr. Fried Anderson Attorn"7y at Late; P. 0 Box 23006 Tigard, Oregon 97223 RE Haines Street Interchange DJB, Inc, and G. L. Bali Washington County Circuit Court Case #42399 L42 -402 Dear Fred: r41� 'r..i u 4 t i 1 really don't understand what your concern is about these cases in as much as they are all completed and the final jydgmerit is entered. i ng y rmation a co��y of th ►.: I am s f- etch. was used in the acquisition of the properties andathat is still the ri ht-of -way that rhes been acquired by everybody involved and is the right - of -waY that will be used by the Highwray ,: «ivi��ioa to con3truot the project. this is any different than the rri.ght of Y trap that you feel an agreement was made on, Please let me know Very truly tl'uly Yours, BLS 3 Enclosure Boyd r . Dallis Attorney Gene °a and kt'torney- In -Cha rge 4'114 4'x,1 4i nh' .Ki • • 6v erg sif There is or active mineral, or aggregate resource within the Tigard Planning Arr.:a; known as the Durham Pits, which is operated by Washington County E'(11;:I;C�Y- rC (�,r, WASH' NGTON COUNTY 3 , 3 , T. THE CITY bl° "fIGARD SHALL SUPPORT. THE EFFORTS :. � •. BEAVERTON AND THE METROPOLITAN SERVICE DISTRICT TO ENSURE THE AVAILABILITY OF THE ROCK MINERAL RESOURCES, IMPLEMENTATION STRATEGY 1 , The City 0'wa11 encourage those jurisdictions regulating rock extraction to closely m` Y; °tnr the relationship between tho demand for the resource and the amount of and planned for rock and gravel extraction and processing. 3.4 NATURAL AREAS gpINGS o There are a variety of plants,- an4,mal•s and water' foul with the Tigard planning area which add greatly to the duality of life within the community,, �a Each speoes...requlre$ a complex a. otten,_.�,_am:„..narrw1u . spec . sets �o _. conditions with respect to food, water, and vegetative cover or othe► natural features necessary for escape and reproduction, ci The significant P lent communities . habitat areas are th riparian vegetation adjacent to t he water resources in the community, and d various stands of timber and cb,'^ush o Development adjacent to existing wildlife areas can adversely effect these areas and in some instances can virtually eliminate these needed wildlife habitat areas. Vegetation contributes to the aesthetic quality of the community. Vegetation controls erosion, absorbs sound., and moderates temperatures,, w � It also affects the flow and moisture; content of the air, reduction of a,�.r 1S41°1 pollut-Yin a d glare, and softens the impact off, the urban environment4 4.1 THE CITY. SHALL DFSIONATE THE FOLLO,JINC ENVIRONMENTAL- CONCEh.N x a. S-IONIrICAN1 WETLANDS, AS AREAS OF SIGNIFICANT AREAS HAVING EDUCATIONAL RESEARCH VALUE, SUCH A8 OEOLOOYCALL' Y AND SCIENTIFICALLY. SIGNIFICANT LANDS; AND 6, l .. • • j • r »t E_f fectA -•e.. q.P.Proache Future flood losses in Fhe Tigard area will Nil, r•c dut t d by a combination or actions, including: 1. Maintaining a strict City floodplo,in ordinance which also includes the amortization of structures in the f,ioociway, 2. Watershed management (see Runoff and Erosion section): 3 Intergovernmental cooperation in floodplain and watershed management in the Fanno Creek basin: 4. Public education (e.g, information about flood insurance, GOA& l posting of flood heights, etc,) prominent et land s 10 Wetlands, watercourses, and other poorly drained' areas outside the designated 0 —year floodplain are inextricably connected with it These areas serve several natural hydrologic, functions, including: 1, Temporary flood water storage ? 2. Moderating flow of water over time (e.g. higher minimum flows',, 3 • Water f:i ltration . (e;_g sedimentation control) for higher water ualitj � y 4 . Ground water recharge. The ground water recharge function is especially relevant in view of the fact that the southwestern water area half .of the plan area i:t part of the critical ground refined by thA state engineer . in 1973. Within this area, ground water levels have been declining for a1►*,�sst thirty ye art. Prior to the state restrictions on groundwater withdrawals, almost one —half (48%) of the total annual pumpage was derived from rech .Lrge muGl"C of the Tig a rd. Plan Area is poorly drained, however the Wetlands Map includes onl y the most severely A.,tet— limited areas: Followir;,3 U,S, Soil and Water Conservation Service practice., soils with a seasonal water table of 10 inches or closer to the surface as marginally wet. .foils which cove large areasne(e, . Therefore, wetlands herefore, ' 24") � ( g Aloha silt 1t. ],ao<n. with table between 18 and 24 _ excluded, Watercoui ,-ses and, ...rata seasonal water , seas nataral drainage � n ; large number of which have perm ! ent streams, were ral he aid �rra or detailed topography maps and aerial photos. Man of the small str,t :Ams have small Vloodplains of their owha, osin� associated y isks to developnre ►�t, p g Effective ffective use of these wetland for . x storm dr4�i.nagE', flood Protection, and isa _ P t�al.ur w1 oohdltiok�s ,� �� ""� u1► es ���'��{ ►ale c'.ont '` avoidance of other nu nt.es g �� � rbls closely related °to the of sites. For example, the characteristics of the flat, \ �1 4 � Q ti the Conditional Use recreation ryes elidtethrough e C the Coll Development and community m major process. Both of the process... the removal of any Code have. standards which. review addition, the Tree Removal chapter of the Communit.i,, In ad vegetation. cts major vegetation on undeveloped land, Development Code prote arias Fjrest d.lain and Ri Summer Creek Floo forest were determined to be arias fish and The Summer Creek f loodpla$n and rip Thy, size of water areas and wetlands, significant Goal #`? resources as ace /recreation site. swam /marsh wildlife habitat, and, as an open sp 2.4 acres, This swamp /marsh floodplain is approximately similar the 100-year and is an extensin fohe deciduous is the only one within the area,Roa�i. The combination erns item west of Scholls Ferry especially valuable as upland vegetation the wildlife swamp and coniferous up ition is esp a Houck, diverse wildlife habitat, according to M! „'e He called the biologist who surveyed sites for Washithre� mosttimpc�rtant wildlife s i _ q ►� one of the basin e site an "important wetland,” major tributary Creek is the only o r tributary urbanized, bWetlands sn Fines Creek the area. Summer , F Fanno Creek which has not been substantially tant function in purifying such as this will serve an even more water as the basin is developed Medium-High wens ity s the sxto as Medi The Comprehensive Plan designate �, ht conflict in some ways units per acre) which mi' ial (11-20 of the Goal , #4 `resources. If the. resources. are_ w) ;hgent ... v o with preservation fewer may possibly be. a loss of buildable ether hand; preserved, there y r dwelling units, Ind additional development costs; dwel the might d, values might be enhanced, land and amenity and, local open space generated. If the buffered from road traffic, a 13-20 units /acre) be Residential, °'” conflicting use Medium -High Density lower b_ of wildlife habitat, there may a loss o `�' is allowed unaltered, xn the floodplai.n.: and additional costs, of modifying �, water quality, 4 of this Goal #5 site is that the floodplain and t mmrd i at,e 1. r adjacent xorip 'rian upland be preserved in their natural a Density transfer from the.. ► y j e land t�n< i t ion, including topography and.. vegetation, re to 25% of the density allowed will bueilda aired d 't to will be allowed up t site will b � (r`, ►r�...f loodplain) = Parcels containing any of the s. thw l yard mired ito d,c.v+ 10 uner planned Development provisions of p )0vu iopment Cude, 1 Krueger Creek y north across th''i�.s are�► and into ui�imer Crook ?''ha unnamed'. stream. which Tl.ows nor . riificant C;t�al #5 resource as a determined to be a sag Though, erm ace�rre�reation s .te a wstar 4y s wildlife habitat, and sp s . �� tst. resource the cre,°k provides, with its �� n ppeh� r►tsk �,rr especially ly oui.a ,,ak�tdxng � ' of small -- ale natural 1 sc strip of natural Uegetatxu�ti, buffo ee the Lind: sca of ur ban l Ater Q5 that can =►;a:rkedly soften and r the imp � , .. habitat in particular, it would be reta .ned' cfes�+�l+o�rt�nt. X19' wildlife h ��,�•� "�.miz� the water ari tmportant corridor, and would alto help i small ch wa erti f. YUt i°n impact of urbanization. The image is one � ** t with frogs along a waterway fringed with shrubs and trees. 91 I�� t f. The Comprehensive Plan 11e1t;]gni11' l ' ! t t ho s i t e as Medium iiirah (di'l'l s 1 i V Rig s idt'nt ia_1 ('.1 20 units porgy .3'•i ► �t Oi.li t► 1 ) uui 1 q on 1 ha gone hN which might t• ►rot' il`.t in some wAtitt with pi eser vat t0r► ►t The t;°at 6 "► resources. If these: resources are preserved, thi�re may possibly be los,; of buildable land, fewer dwei ling units, additional development costs, enhanced amenity values, and local open space, a;f the conflicting use (Residential) is allowed, t,era may be 1css of wildlife habitat, lower water quality, and additional cost, of development and maintenance for ,i.tructtrral drainage management. The staff recommendation for this Goal site is that _ the waterway and immediately adjacent riparian upland (a minimum 25` on each site) be entirely preserved in their _ natural conditon, including topography and vegetation. Density transfer from the site shall be allowed. Parcels containing any of the site shall be required to develop under the provisions of Planned Development Summer Creek i7loodplain and ',tipar ia_n Forest East of S.W. 135th Avenue The Summer Creek floodplain and ) adjacent riparian f forest area was determined to be a significan resource and wetlands, fish and wildlife habitat, and as an open space /recreation area The area within the 100- -yeas floodplain is approximately 9.43 acres. This area is a continuation of the Summer Creek environment west of S.W. 135th Avenue, and many of the same attributes are found in this area. The Comprehensive Plan Map indicates that this area is Medium -High Uensity Residential (13 -20 units to the acre), which might conflict in some ways with preservation of this area, A 'ccording to policies 3.2.2 and 3 2,3 residential development within the 100—year floodplain area is not permitted wk:ich creates a possible loss of potential buildable land, Density transfer, however, is permitted up to 25% of the area within the 100 -year floodplaih. If the conflicting use (Medium —High and Medium Density Residential) is allowed within the resource area there may be a loss of significant vegetation, wildlife habitats, lower water quality and additional costs of modifying the floodplain. tho :staff recommendation for this resource, area is that the land within tho 100 —year floodplain and the immediately adjacent riparian upland be Prod "rved in their natural condition, including topography and vegetation liq2rAfTiedemah Fanho Creek Marsh and:Floodplaih the Tigard /Tiederriah marsh and floodplain site is loc',4ted south of Tigard Street and west of Tiederan Avenue The size of this marsh ''roa is approximately 8.7 acres. This area was determined to be a. s' ighiflcant resource originally in 1977 by a State Field Biologist as '% `',gnificant wetland area, Since that time, no development has ''+ "ut'red within the marsh area and the City has continued ' to consider It tc be a resource. There exists, however variot;s types of duvt►t,ppmertt adjacent; to the area, Directljr to ' ;he exist of Fanno r "elj°4 hd the marsh area, there are faith1Y and duple" rd"rlt iat units. To the southwest of the marsh at ''ea lies Fowler y p Two or i,hree ctivity f eld�s se arate the school #''" 1ht tiYc�itr�1:c 911 As a fish and wildlife habitat area, it t-ould be regained AI( fin educational tool for the community, and school system, especially due to its close proximity to Fowler Junior High 'School. The Tigard Comprehensive Plan designates this area as Medium Density Residential (6-12 units per acre) although it is almost all within the 1OC- -year floodplain. Policies 3.2.2 and 3.2.3 prohibit site residential development within the floodplain area which facilitate the preservation' of this marsh site Density transfer from the to will be allowed up to 25% of the unbuildable area (marsh and floodplain). The staff' recommendation for this resource site is the marsh area and floodplain area adjacent to the mar;th be preserved in their natural state, including topography and vegetation; excluding a pedestrian /bikepath through or adjacent to the area Any marsh or floodplain development would be required to be reviewed in accordance with the standards of the Sensitive Lands chapter. F , Tualatin River Fjoodplain Meat of Cook Park This area of the "lualatin River Floodplain has been determined to be a significant resource as a water area and as open space /recreation of this resource site is area (addition a 33 .4 acres. a Pa This wooded 1 and grassy area connects the approximately 3 floodplain ., . w n extended greerwc�y . segments of look lain area, „with Cook Park as a the pedestrian /bike path have been constructed to the west of this area, The path would be continued through the area as adjacent development occurs, connecting to Cook Park.` 5 this area as Low (1 -5 units The Tigard Comprehensive (6-12 uni super tacre) Density Residential. per acre) and Medium Since residential development of any type is not permitted withi ►'t the floodplain (policies 3,2.2 and 3,2,3), this area can be exempted from conflicting development, lho staff recommendation for this resource site is that the flnodplain .*r0.4 should be preserved with limited conflicting uses within the area iholo conflicting uses would include park and pedestrian /bike pathway r t 1at c %d uses The Sensitive Lands section` of the Community Development ( i,do establishes the sta,Adezrds by which any park related development + #thin the floodplain wou::ca be reviewed, t+ anno Creek Park/Main Street this area within Tigard's Central Business District along Fanno Creek, y floodplain, to be a within. the 1,f10 -- ear floot� lain, has been determined g ficant resource as a water area and needed open space for roc reation purposes. This extends from Main Street on the north to "41.1 Blvd. on the south and includes approximately 32.5 acres , %hit area is needed for open space for two reasons 1) It will Jr )v tdod for a variety of needed park uses in an area of Tigard where us es are not readily available, and 2) It establishes an open bu t” f eyr between` residential and commercial uses . (iS til "fA �:5 A w 4ip'�a JWI i- i4awwuvw ! wa H.�I':I. The park and open space will be developed inri ht--of -+gay distinct o d phases. Hall The active ' park area is between Ash Avenue g ass ad open Blvd. The remaining park area will be developed as p junction with the Main Street development project. Both space in con] = been adopted by y of these park plans and developments have b Council. The Comprehent i ,..ve Plan for the City designates these areas as Central Business District; which includes park uses as an allowed use, it only to its natural condition would retard the Limiting the area only prohibiting economic viability of the downtown core. In addition, _ conflicting uses could also limit the City's ability t'.) alleviate ' . existing and potential increased, flooding p roblems due to the circuitous route of Fanno Creek, The :staff recommendation for this resource site is Ito allow for conflicting uses, park and commercial development in accordance with adopted City Council plans. Dakota y H. Fgnno Creek North of North �, � Dakota !gas determined to be The Fanno Creek � loodplain north ter t�oretah and open space /recreation a significant wetland and The resource includes the 100-year floodplaien Black resource. � roximately..th north- of North. Gakota...north .y tow -.pp xima c directly r•oximately 36.3 acres in area. This Diamond subdivision area, app. marshy area serves as a buffer between the residential areas on the west and the industrial areas. east of Fanno Creek. According o a number of residents that live adjacent to this area, it also supports a wide variety of wildlife habitats, Comprehensive Plan designates of The Tigard Comp the area to the west. ranno Creek as Minimum Density Residential (6 --12 units Per unit) while the area east of the area east of the creekolicies a and Light Industrial. Due to the requirements of p residential development can occur within the 100- -y r` �% , ear floodplain area, may occur within the floodplain if the Industrial d of ltheeSensitive Lands chapter of the Tigard Community requirements are clear and cncise. and These standards a �� Development Code are met, The of the f lottdplain be retained require that the functioning capacity as a result of the 61nd no up or down stream adverse impacts occur development, In addition, vegetation must be installed to restore the fioodlain/ reenway characters of the resource as well as visual scr=eeningPfor the residences or the west side of the creek. 1 s s the City's s contention that to ,. y the. irregular shaped ihdus..r s area it may be necessary to partially develop tr tal land in this t ►rt tons of the floodplain: in order to adequately accommodate industrial development, In addition,, the railroad already traverses the industrial area which also decreases` the desire for the City to r,tdi9tve the entire east side or the creek. ti L f The staff recommendation for this Goal 1#5 resource area is to 1) limit conflicting uses on the industrial side of the creek, 2) provide any pedestrian /bike pathway that may be required with this section of the floodplain /greenway area, 3)perform any necessary channel work for Fanno Creek to alleviate existing and potential increased flooding along Fanno Creek Residential development along the west side of the floodplain would be oprohibited. Twenty-five percent of the density on the unbuildable land 4 may be transferred to the buildable portion of the land for development purposes F , Fanno Creek Hall /oonita -- Bonita /Durham The Fanno Creek floodplain south of Hall Blvd. and north of Bonita Road was considered to be a significant water area and open space /recreation resource. The resource includes the land within the f 100—year floodplain, approximately 50 acres ih area. The majority o the floodplain area south of Hall Blvd. to about the Bonita Firs development is heavily wooded and provides an excellent buffer for the residential areas along the west and south sides of the creek. Light Industrial designated areas border the creek on the north and . east sides. Besides serving as a buffer, the wooded areas also support a wide variety of small birds and animals, Residential development },thin the 100 -year floodplain is prohibited in accordance with policies 3.2,2 and 3.2.3 of Tigard's adopted Com p .. r ohensive Plan. Although if additional residential development does occur adjacent to the floodplain /greenway area, a pedestrian /bike pathway would be required to the development, in accordance with the standards set forth in the Sensitive Lands chapter of the Community Development, Code. The areas adjacent, and in some cases within, the 100 —year floodplain area have been determined to be needed and desired industrial which are vital to maintain development sites, wh n Tigard's strong � , commercial and industrial economic base. These sites' are abutting have easy and arterial classified lt str streets, The need to access these kites may in some � p be altered in r.nstances, require a portion of the floodplain area to proposals order to adequately accommodate the developments, would be reviewed in accordance with the standards set forth in the Sensitive Lands section of the Community Development Code, to 'ensure that there would not be any adverse impacts as a result of any such development. ►� conflicting �t+�1"� recommendation for this resource area is to limit conflict M nn all areas within the floodplain that are designated for eti' unt tal uses. The limitation would include any pedestri, n /bike that may be required of development, plus any necessary channel "" "' b *long Fanno Creek to alleviate existing and potential increased t," r nay' orrg raped Creek Actual residential development within the �� m41110iln ar +a is prohibited in accordance with policioA 3,2.2 and rwi "nl y five i percent or the ;density on the unbuildable porton of ► "*i ► be tr.oxisf erred to the buildable portions of the land for provided all of the applicable Code requirements are q- G� On areas designted for industrial uses within the floodplain, conflicting uses will be allowed fully in accordance with polirios 1 2,7 and 3.2,3 and t.ho '' st'andar'ds set forth in tho :ions i t iuo iAnd 1 chapt or of iho t;ommoot t y Development Code. Ravine 108 /1.13 Tualatin Floodplain This resource area is actually, part of the Tualatin Floodplain area, yet has a setting much unlike the normal floodplain area It has, therefore, been considered to be a significant open space, water shed and wetland area; and it includes all of the land designated; as floodplain, approximately 35 acres. This low lying area is primarily covered' with de.,.iduous trees and underbrush with a few marshy areas. It provides a habitat for a variety of small animals and birds t:hile providing a unique open space resource.; In some of the areas, the property owners have maintained the area as lawn`' This riatural area also functions as a dr-ainag ewa y primarily during the months of higher water concentration. Many of the slopes going into the area exceed 15%, and adjacent to the mobile home park the reinforced slopes are a minimum of 25 percent.. The actual floodplain area i9 less area than the e=ntire resource area The ti ti rd Com rehensive Plan indicates that the areas surrounding this-resource will be developed for Low-Density ..Residential uses (1_5 units per acre), except for the mobi,le home park which is already developed at a Medium Density Resi;ieni'tial use (6--12 units per acre) These uses may conflict in some ways with the preservation of this resource. If the entire resource ;�s preserved, there may, be a loss of buildable lands, fewer dwellinr, units, and additional development costs on the other hand, land and amenity values might be enhanced, dwellings buffered local open space generated. Iff the � conflicting use is allowed unaltered, there may be �e a loss of wildlife habitat lower water quality, and additional costs of modifying the area The staff recommendation floodplain and the be pr ontire mendatioh the 150 foo4, elevation mark the f� eser +ved in their naturaI ravine condition, below including topography and vegetation., Density transfer y within nsfer; from _ . will � of the resource t�ed+ will the from the sate will be allowed u to 25% of the densit all Parcels site area, , arcels conta�.na.ng any o required, to develop under an approved Sensitive Lands permit and the si..andards set forth '.n the Community Development Code, K Durham Elcrr.Lntat'y School The Durham Eletnentary S0001 was determined to be a significant historic structure, Tho, $c'001 site includes 5 r 59 acres . Now part of the Tigard School Dis'tr'ict 2.81', the Durham School was erected. in 1920. In 1951, an addition was added to the facility which now houises classes to the sixth grade. Ir additi n, this 'school house is tho only remaining institutional viand mark an the southeastern rurtiori of, Tigard, Efforts are continuing 'to place the structure cn t hq , _ N c e as . r *, ational Historx P g te a aX E3 f1 , A `' On areas designated for indust',.ial uses within the floodplain, conflic:t:,ing uses will 'ae al lowed fully in ,accordanco with pol i c i ra 7 . 7 and 3 . 7 1 and t hc► si'ar:�sard s stet forth in tho + h;vpi rr ot. t tier community Development Code. J, Ravine 108/113 Tualatin Floodplain This, resource area is actually part of the Tualatin Floodplain area, yet has a setting much unlike the normal floodplain area. It has, therefor been i °,s all of the land designated shed therefore, considered to be a significant open space, water and wetland area; and it include ted as floodplain., approximately 35 acres. This low lying area is primarily covered with deciduous trees and underbrush with a few marshy areas. It provides a habitat for a variety of small animals ^ and birds while providing a unique open space resource. In some of the areas, property owners have maintained the area as lawn. ' This natural area also . functions as a drainageway primarily during the months of higher water concentration. Many of the slopes going into the area exceed 15`x, and adjacent to the mobile home park the re;nforced slopes are a minimum of 25 percent. The actual floodplain area is less area than the entire resource area. The Tigard` Comprehensive Plan indicates that the areas surrounding this resource will be developed for Low Density Residential, u::es (1-5 5 units per acre), except for the mobile home park which is area developed at a Medium Density R esidential use (6 -12 units per acre). These uses may conflict in some ways with the preservation of this resource. If the entire resource is preserved, there may be a loss g additional development of buildable lands,.. fewer dwelling units, and ad.i costs. On the other hand, land and amenity values might be enhanced, dwellings buffered from other dwellings, and local open space generated, If the conflicting use is allowed unaltered, there may be a loss of wildlife habitat, lower water quality, and additional costs of modifying the area. Th1 staff recommendation for this Goal 15 is that the floodplain and the entire ravine area below the 150 foot elevation mark be preserved in their natural condition, including topography and vegetation. Density transfer from the site will be allowed up to 25% of the density allowed within the resource area;. Parcels containing any of the resource site will be Y p approved r~t h e Sensitive. Lands permit �� and 1.he ee �8 required to develop under an a graved ,y 1 standards sot forth in the Community Development Code. L.M'Ut w ` 1e4tloev t uteutkr aXCCpt r}5 9 eD4604 outtiP074 in 54j /1 5: ;" Cp K, ,Durham The Durham Elementary School was determined to be a wYgnifi ant historic structure. The school site includes 5,59 acres. Now part of the Tigard School District 23J, the Durham School was erected in 1920;. In 1951, ari addition was added to the far.ility which now houses classes to the sixth grade. In addition, this school house` is y y g institutional land mark in the southeastern the on1 rem�infn �nstrtutio portion of Tigard. Efforts are continuing to place the structure on a the National Historic Rogzster. „ t, , , . yy., vo,, r U • '-.. . , ...• ., 0.1,,,,,,,,,,,m„, , .,,,,, , 1, . '"7".,,it. ' ....,44:,:,,Itit.,:cot'*.:,..' "..., l'''.V.14. ! ••''''X' i' , ,,,,,,: . ... ,..4.' ;1, , • •.' .4/ , k ..41 7: ...... 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