Ordinance No. 12-10 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 12- /o
AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2011-00004 TO
INCORPORATE A SIGNIFICANT TREE GROVES MAP INTO THE TIGARD COMPREHENSIVE
PLAN.
WHEREAS, on June 3, 2008 the Tigard City Council adopted an Urban Forest section as part of the
Comprehensive Plan in order to establish broad goals and policies to guide the long-term management and
enhancement of the urban forest;and
WHEREAS, on August 10, 2010 the Tigard City Council readopted the Urban Forest section as part of the
Comprehensive Plan in order to provide more detailed findings to further support and explain the rationale for
the city's urban forestry goals and policies;and
WHEREAS, Policy 2.2.1 of the Tigard Comprehensive Plan requires the city to periodically update policies,
regulations and standards regarding the city's urban forestry program;and
WHEREAS, Policy 2.2.11 of the Tigard Comprehensive Plan requires the city to develop and implement a
citywide Urban Forestry Master Plan to guide the update of the city's urban forestry program;and
WHEREAS, on November 10 ,2009, the Tigard City Council adopted Resolution 09-69 accepting the City of
Tigard's Urban Forestry Master Plan;and
WHEREAS, the accepted Urban Forestry Master Plan analyzed the past and present conditions of Tigard's
Urban Forest, was developed through a public process, and sets forth a course of action for Tigard's urban
forestry program through 2016;and
WHEREAS, the Urban Forestry Master Plan recommendations include the development of flexible and
incentive based land use regulations for significant tree grove preservation; and
WHEREAS, on February 16, 2010, the Tigard City Council directed staff to implement the Community
Development Code related recommendations in the Urban Forestry Master Plan, which include the
development of flexible and incentive based land use regulations for significant tree grove preservation;and
WHEREAS, a public involvement plan was adopted by the city's Committee for Citizen Involvement in 2010
and implemented during the course of the Urban Forestry Code Revisions project to guide city staff and
decision makers;and
WHEREAS, a council appointed Citizen Advisory Committee charged with advising project staff during the
Urban Forestry Code Revisions project met 11 times between June 2010 and September 2011 and reached
consensus on the flexible and incentive based land use regulations for tree grove preservation in Section
18.790.050.D through a set of"tree grove preservation incentives guiding principles";and
WHEREAS, a Technical Advisory Committee comprised of city staff and agency representatives was
concurrently convened to advise project staff on technical aspects during the Urban Forestry Code Revisions
project, met 14 times between June 2010 and November 2011 and reached consensus on the technical
ORDINANCE No. 12- b
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feasibility of the flexible and incentive based land use regulations for tree grove preservation in Section
18.790.050.D;and
WHEREAS, the process for adopting land use regulations for the preservation of natural resources, including
the flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.D (to be
adopted through DCA 2011-00002),must comply with Statewide Planning Goal 5 Rule requirements;and
WHEREAS,Statewide Planning Goal 5 Rule requires an inventory of regulated natural resources, coordination
with affected property owners, an Environmental, Social, Economic and Energy (ESEE) Analysis of the
consequences of a decision to allow, limit, or prohibit uses that conflict with the inventoried natural resources,
and adoption of a map identifying the boundaries of the inventoried natural resources;and
WHEREAS, on July 20, 2012, the Tigard City Council and Planning Commission met with project staff and
consultants prior to the inventory stage and concurred that tree groves should be part of the inventory only if
they meet the following definition: "a 2-acre or larger contiguous,healthy canopy of predominately native trees
that provide scenic,aesthetic,environmental or other functional values to the community.";and
WHEREAS,project staff and consultants conducted an inventory using the above definition and identified and
mapped 70 tree groves covering 544 acres;and
WHEREAS, project staff and consultants held an open house with affected property owners on
October 6, 2010, to discuss the inventory results, review the map and receive input prior to the drafting of
flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.D;and
WHEREAS, project staff and consultants drafted flexible and incentive based land use regulations for tree
grove preservation in Section 18.790.050.D, which are to be adopted through DCA 2011-00002 and include
allowed reduction in minimum density, density transfer, increased building height, reduced setbacks,
adjustments to Urban Forestry Plan requirements and adjustments to street and utility standards to facilitate the
preservation of inventoried tree groves as part of the land development process;and
WHEREAS, project staff and consultants held an open house with affected property owners on
February 17, 2011, to discuss the draft flexible and incentive based land use regulations for tree grove
preservation in Section 18.790.050.D and found that the draft regulations were generally supported by affected
property owners;and
WHEREAS, project staff and consultants drafted an ESEE Analysis of the consequences of a decision to
allow, limit or prohibit uses that conflict with the 70 inventoried and mapped tree groves identified as
significant, and determined that the proposed limited preservation option in Section 18.790.050.D, which
provides flexible and incentive based land use regulations for significant tree grove preservation,is the preferred
option;and
WHEREAS,on January 13, 2012,prior to the legislative adoption phase of the Urban Forestry Code Revisions
project, 14,225 public hearing notices were sent to all Tigard property owners consistent with Measure 56
requirements as further described in the findings of the staff report beginning on page 419 of Urban Forestry
Code Revisions Volume II;and
WHEREAS, the public response at the citywide open house on December 8, 2011 and after the Measure 56
notices were sent on January 13,2012,was generally supportive of the inventoried and mapped tree groves and
the proposed limited preservation option in Section 18.790.050.13 that provides flexible and incentive based
land use regulations for significant tree grove preservation;and
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WHEREAS, the Tigard Planning Commission reviewed at one workshop and four public hearings between
January 2012 and May 2012 the inventoried and mapped tree groves and the limited preservation option in
Section 18.790.050.D that provides flexible and incentive based land use regulations for significant tree grove
preservation, the ESEE Analysis that includes findings that support the limited preservation option in Section
18.790.050.D and the significant tree groves map (CPA 2011-00004) that identifies the location of the 70
significant tree groves that are eligible for the flexible and incentive based land use regulations for significant
tree grove preservation in Section 18.790.050.D;and
WHEREAS, while the Tigard Planning Commission supported the flexible and incentive based land use
regulations in Section 18.790.050.13 and the ESEE Analysis, they recommended amending the boundaries of
significant tree groves #38 and#62 in the significant tree groves map (CPA 2011-00004) to reflect recent tree
removal from those groves;and
WHEREAS, on May 7, 2012, the Tigard Planning Commission made a unanimous recommendation of
approval of CPA 2011-00004 as amended regarding the boundaries of significant tree groves #38 and #62 to
City Council by motion and unanimous vote;and
WHEREAS, as described in the findings of the staff report beginning on page 419 of Urban Forestry Code
Revisions Volume II, the Planning Commission found the city complied with Statewide Planning Goal 5 Rule
requirements throughout the development of flexible and incentive based land use regulations for tree grove
preservation in Section 18.790.050.D;and
WHEREAS, on the following dates in 2012:July 24,August 14, September 11, October 23, November 13,
and November 27, Tigard City Council held a public hearing to consider the Commission's
recommendation on CPA 2011-00004; and
WHEREAS,Tigard City Council finds it necessary to delay implementation of the Urban Forestry Code
Revisions,which include CPA 2011-00004,until March 1,2013,to ensure an orderly administrative
transition to the new urban forestry regulations;and
WHEREAS,Council's decision to adopt CPA 2011-00004 is based on the findings and conclusions found
in the City of Tigard staff report dated November 20,and the associated record,which are incorporated
herein by reference and are contained in land-use file CPA 2011-00004.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Comprehensive Plan is amended to include "EXHIBIT A — Significant Tree
Groves Map,page 461 of Urban Forestry Code Revisions Volume II."
SECTION 2: This ordinance shall be effective March 1,2013.
SECTION 3: Council adopts the findings recommended by the Planning Commission as described in the
findings of the staff report dated November 20,2012.
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PASSED: By v" vote of all Council members present after being read by number
and title only,this��"— ay of,�t,3L&O-r�� ,2012.
Catherine Wheatley,City Recorder
2Z..-
APPROVED: By Tigard.City Council this-QK2 day of,tl- 2012.
Z'
C g Dirksen,Mayor
Approved as to form:
Attom
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Date
ORDINANCE No. 12- / D
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