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City Council Packet - 01/28/2014 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING January 28, 2014 COUNCIL MEETING WILL BE TELEVISED I:\Design&Communications\DonnalCity Council\ccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov :11114 ` City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL AND THE LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: January 28,2014- 6:30 p.m.Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,ext. 2410 (voice) or 503-684-2772 (11)D -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171,ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tizard-or.gov CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m./ Sunday 11:00 a.m. Friday 10:00 p.m./ Monday 6:00 a.m. II I • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL AND THE LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: January 28,2014- 6:30 p.m.Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2)(e).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. •STUDY SESSION A. Discuss the Tree Board B. Briefing on a Revised Intergovernmental Cooperative Agreement Regarding an Emergency Water System Intertie C. Discussion of Upcoming Contract Award Items 7:30 PM 1. BUSINESS MEETING -JANUARY 28,2014 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications &liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) 7:35 p.m. -estimated time A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) -These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:50 p.m. - estimated time A. Approve City Council Minutes for: •October 22,2013 B. Adopt Resolutions Naming Three City Park Properties: •Bagan Park •Bull Mountain Park •Sunrise Park C. Authorize the City Manager to Execute the First Amendment to an Agreement with Clean Water Services Regarding the Derry Dell Sewer Project •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council!City Center Development Ageng has voted on those items which do not need discussion. 4. LEGISLATIVE PUBLIC HEARING ON THE FISCAL YEAR 2014 SECOND QUARTER SUPPLEMENTAL BUDGET AMENDMENT 7:55 p.m. -estimated time 5. LEGISLATIVE PUBLIC HEARING -TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT-DCA2013-00003 8:15 p.m. -estimated time 6. COUNCIL LIAISON REPORTS 9:05 p.m. - estimated time 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT 9:15 p.m. - estimated time Sess n AIS-1543 A. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): 15 Minutes Agenda Title: Discuss the Tree Board Submitted By: Cathy Wheatley, Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE Discuss the future of the Tree Board. The Tree Board has been inactive over the last few years; the last meeting was held in January 2012. Because of recent changes in the Urban Forestry Code and the processes the City uses to administer tree issues, coupled with the loss of staffing and other resources, the purpose and need for the Tree Board are due for review. STAFF RECOMMENDATION / ACTION REQUEST Community Development and Public Works staff recommend that the few remaining functions left to the Tree Board be transferred to the Parks and Recreation Advisory Board (PRAB). The PRAB is familiar with tree and natural resource issues, has members that are qualified to consider tree-related issues, and has the time to consider the few items that would come up in a given year. The Tree Board would then be disbanded. Public Works and Community Development staff have agreed that this change makes sense and support the change. The PRAB has also indicated that it would support the change and take on the added responsibilities. KEY FACTS AND INFORMATION SUMMARY The Tree Board was established on January 23, 2001 to develop and administer a comprehensive tree management program for the maintenance, removal, replacement and protection of trees on public property. On May 22, 2007 the mission of the Tree Board was expanded to include development of a comprehensive City Tree Stewardship and Urban Forest Enhancement Program. Maintaining a citizen review board responsible for tree-related issues is also a requirement for our Tree City USA certification. Other functions of the Tree Board as assigned include: 1. Update Council on the implementation of the Urban Forestry Master Plan; 2. Develop a funding proposal for a sustainable tree and urban forest enhancement program; 3. Develop a new Tree Board charge statement for Council adoption following adoption of the Urban Forestry Code Revisions (UFCR). The recommended charge shall retain the Tree Board's primary function of advising Council on urban forestry issues while possibly expanding their advisory role to other natural resource issues; and 4. Develop an education and outreach function. Items one and two have now been completed and item 4 is being conducted by Community Development (CD) staff. It is questionable whether item 3 is still necessary, given the changes brought about through adoption of the UFCR, as well as staff and resource changes within the City. The City no longer has a permanent urban forester position, and those responsibilities are now performed by various staff in CD and Public Works, as well as through an on-call contract forester. The remaining functions left for the Tree Board to perform as a result of the UFCR changes are the approval of Heritage Tree nominations, and the infrequent review of changes to certain approved Urban Forestry Plans. Because providing support for citizen volunteer commissions is staff intensive, it is difficult to justify supporting the Tree Board for these few functions. It would be a more efficient use of staff and resources to reassign the remaining tasks of the Tree Board to a different standing board, such as the PRAB. Having the PRAB be responsible for tree-related issues in the City would also continue to satisfy the requirements for our Tree City USA certification. OTHER ALTERNATIVES Continue to maintain and provide staff support to the Tree Board for the few remaining tasks in its charge. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The PRAB would continue to provide citizen oversight of tree related issues within the City and maintain and uphold City Council Goals, Policies, and the Urban Forestry Master Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments No file(s)attached. 5Ldj Ses _o n AIS-1576 B. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): 15 Minutes Agenda Title: Briefing on a Revised Intergovernmental Cooperative Agreement Regarding an Emergency Water System Intertie Prepared For: Dennis Koellermeier, Public Works Submitted By: Greer Gaston, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE The council will be briefed on an intergovernmental cooperative agreement regarding an emergency water system intertie. STAFF RECOMMENDATION / ACTION REQUEST No action is required; the council will be asked to authorize the mayor to execute the agreement at an upcoming meeting. KEY FACTS AND INFORMATION SUMMARY Background Lake Oswego's water system is connected to the water systems of the South Fork Water Board and West Linn via'an intertie. Under a 2003 emergency water supply agreement, these three entities have supplied water to one another during emergencies. Why Is a New Emergency Intertie Agreement Needed? In 2008, the cities of Lake Oswego and Tigard entered into a water partnership agreement whereby the two cities would work together to develop a new water system that will meet both communities' future water needs. Under the agreement, Tigard obtained an ownership interest in the intertie used to provide emergency water. As an owner,Tigard needs to be included in the emergency water system agreement. The 2012 Revised Agreement In September 2012, the Lake Oswego and Tigard City Councils approved an updated version of the intertie agreement. However, that 2012 agreement was never finalized by the other parties. Under that agreement: •Tigard becomes party to the agreement. •Lake Oswego and Tigard will provide an emergency water supply to South Fork Water Board and West Linn. •South Fork Water Board and West Linn will provide an emergency water supply to Lake Oswego and Tigard. •Tigard will share in the cost to repair intertie infrastructure used to provide water to Tigard and Lake Oswego. •Tigard will share in the cost of intertie capital improvements that benefit Tigard. •Benefits received by West Linn—as a result of the Lake Oswego-Tigard Water Partnership—are acknowledged. The Current Agreement In February 2013, the West Linn City Council approved the water partnership's land use application to expand Lake Oswego's water treatment plant located in West Linn. The approval included conditions that certain terms of the agreement be modified as follows: •Revise the agreement requiring the written mutual consent of all parties before the agreement could be terminated. •Revise the agreement requiring the written mutual consent of all parties before paragraph 7 of the agreement related to the quantity of water to be supplied could be amended. •Revise the 2003 agreement to include language that the intertie may be used for the benefit of all parties in perpetuity. The agreement now before council contains the revisions from the 2012 agreement along with the required modifications listed above. Lake Oswego, West Linn and South Fork Water Board have executed the agreement. Tigard is the last party to consider the agreement. OTHER ALTERNATIVES Council could choose not to authorize this IGA. However, that action would be contrary to previous decisions, jeopardize the partnership's land use approval in West Linn, and potentially expose Tigard to legal action. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Execution of this agreement is consistent with the 2012 council goal to continue oversight of design, permits, rate implementation and costs for the Lake Oswego-Tigard Water Partnership. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this version of the agreement has come before the council. The council authorized an earlier version of this agreement via adoption of Resolution No.12-36 at its September 25, 2012, meeting. That agreement was never finalized. Fiscal Impact Fiscal Information: Any improvement costs associated with the emergency intertie are included in the most recent water partnership cost analysis and are allocated between the partners. The city has budgeted about $68 million dollars for water partnership projects in fiscal year 2013-2014. Attachments Resolution and Agreement Resolution No. 12-36 and 2012 Agreement CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 14- A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN IN I'ERGOVERNMENTAL COOPERATIVE AGREEMENT WITH THE SOUTH FORK WATER BOARD,CITY OF WEST LINN AND CITY OF LAKE OSWEGO FOR AN EMERGENCY WATER SYSTEM INTERTIE WHEREAS, the cities of West Linn and Lake Oswego, and the South Fork Water Board, are parties to an intergovernmental cooperative agreement providing for the use and operation of an emergency water system interne between the parties'respective water supply systems;and WHEREAS,in 2008,Lake Oswego and Tigard entered into a water partnership to jointly plan, fund,construct, and operate an expanded water supply system that will provide improved water supply service to the citizens of their respective communities at the least cost relative to other available water supply options;and WHEREAS,provided that the partnership's expanded and upgraded water supply facilities are constructed, the emergency water supply capabilities of the water system interne will be significantly enhanced and the benefits therefrom will accrue to the parties to the interne agreement;and WHEREAS, on February 18,2013,the City of West Linn approved conditional use and design review permits for an expansion of Lake Oswego's water treatment facility and construction of new raw and finished water pipelines ("Projects")in furtherance of the partnership's objectives;and WHEREAS, the City of West Linn, through its approval of the Projects,imposed conditions of approval that the existing water system intertie agreement between West Linn, South Fork Water Board, and Lake Oswego be amended and restated to include Tigard as a party and to amend certain terms relating to the quantity of water to be supplied,duration of the agreement and termination;and WHEREAS, the intergovernmental cooperative agreement for water system interne,attached hereto as Exhibit A, fulfills the West Linn conditions of approval. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Mayor is authorized to sign the Amended and Restated Intergovernmental Cooperative Agreement for Water System Interne between the South Fork Water Board, the City of Lake Oswego,the City of Tigard and the City of West Linn,attached hereto as Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2014. Mayor-City of Tigard RESOLUTION NO. 14- Page 1 A FIEST: City Recorder-City of Tigard RESOLUTION NO. 14- Page 2 AMENDED AND RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR WATER SYSTEM INTERTIE BETWEEN THE SOUTH FORK WATER BOARD,THE CITY OF LAKE OSWEGO,THE CITY OF TIGARD AND THE CITY OF WEST LINN This Agreement is made and entered into by and between the South Fork Water Board, an intergovernmental entity created pursuant to ORS Chapter 190, serving as a water supply agency and jointly owned and operated by the Cities of Oregon City and West Linn, hereinafter referred to as "Board," and the City of Lake Oswego, an Oregon municipal corporation, hereinafter referred to as "Lake Oswego" and the City of West Linn, an Oregon municipal corporation, hereinafter referred to as "West Linn," and the City of Tigard, an Oregon Municipal Corporation, hereinafter referred to as "Tigard," all hereinafter collectively referred to as the "Parties." RECITALS The Parties agree upon the following recitals: 1. The Board, West Linn and Lake Oswego entered into an intergovernmental cooperative agreement in 1984 to provide for the construction, operation and maintenance of an emergency water system intertie between the water supply system of the Board and West Linn and the water supply system of Lake Oswego. 2. The facilities as described in the 1984 agreement,which are located near the intersection of Old River Road and Kenthorpe Way in West Linn, were constructed and the intertie became operable in that same year. 3. The intertie has been utilized periodically since 1984 during emergencies and scheduled shut- downs to provide water supply between the Board,West Linn and Lake Oswego. 4. After the construction of the intertie,West Linn, Lake Oswego and the Board jointly funded, and West Linn constructed, a pump station on Old River Road near its intersection with Kenthorpe Way to provide for automatic and unattended operation of the intertie. 5. The intertie, pump station and appurtenant facilities provide benefit to all of the Parties to this agreement. 6. Lake Oswego and Tigard entered into an intergovernmental cooperative agreement that conveys an ownership interest in the existing water supply facilities that supply emergency water to West Linn and Board,and provides for construction of new water supply facilities including an expanded water treatment plant and raw and finished water pipelines to supply Lake Oswego and Tigard's long term water needs. 7. The changes in ownership and anticipated facilities expansion called for in the intergovernmental agreement between Lake Oswego and Tigard necessitate amending the existing water system intertie agreement and adding Tigard to the agreement. 1 8. The Parties desire that this agreement supersede and replace the 2003 agreement. 9. The Parties acknowledge that they have the authority to execute this cooperative intergovernmental agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010 et seq. NOW THEREFORE,in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the Parties hereto as follow; 1. "Water Supply Facilities" Defined.As used herein,the term"water supply facilities" means river intake, raw and finished pumping facilities,water treatment facilities, water storage facilities, and all other infrastructure used in conjunction with the appropriation,treatment,storage or transmission of the Parties'water. 2. "Emergency Condition" Defined.An"emergency condition"is an occurrence created by a failure of a Party's water supply facilities,or the occurrence of an event that jeopardizes a Party's water quality,whereby insufficient supply of water to the Party's customers could threaten the health or safety of those customers.Such failure includes failure or interruption in the operation of river intakes, raw and finished water pumping facilities,water treatment facilities, raw and finished water pipelines, reservoirs,and appurtenant facilities. "Emergency condition"does not include a situation that involves the loss of water pressure or diminution in water volume in a water distribution system during periods of high demand if the system remains in a normal operational mode or a reduction in available water resulting from regulatory action by a state or federal agency. 3. Use of Water Intertie. a. Emergency Conditions. Use of the water intertie during an emergency condition may be accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee. b. Non-Emergency Conditions Less Than Two Weeks.Temporary use of the intertie for a period less than two weeks during scheduled maintenance and repair may be accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee. c. Non-Emergency Conditions Greater Than Two Weeks. Prolonged use of the intertie for more than two weeks during scheduled maintenance and repair must be approved by the Executive Officer of each Party. 4. Location and Description of Water System Intertie.The water system intertie and pump station facility is located at 20225 Old River Road. Supply to the pump station from Lake Oswego/ Tigard is from a connection to Lake Oswego's finished water transmission main. The pipeline connection between Lake Oswego's finished water transmission main and the intertie pump station is under the exclusive ownership and control of West Linn. The pump station and related valves and control systems allow the intertie to be used on a continuous and automatically controlled basis in both directions of supply,i.e.Board/West Linn to Lake Oswego/Tigard and Lake Oswego/Tigard to West Linn/Board.The pump station includes flow, pressure control, metering and telemetry facilities,and a connection for providing emergency power supply.The pump station,along with the facilities and appurtenances associated with it, 2 and any modifications thereto, constitute the water system intertie that is the subject of this agreement. 5. Title to Intertie Facilities.Title to the water system intertie facilities as described above in Paragraph 4 and the obligation to insure them shall be in the name of West Linn.Title to the property occupied by the intertie pump station will be in the name of West Linn. 6. Method of Water Supply Through Intertie.Supply to Lake Oswego and Tigard from the Board and West Linn will be by gravity through the piping, metering,flow and pressure control facilities associated with the intertie pump station. Supply to West Linn and the Board from Lake Oswego and Tigard will be accomplished by pumping from Lake Oswego's water system through the intertie pump station into West Linn's system. Instrumentation,control and telemetry systems in the station are under the primary control of West Linn. Lake Oswego has installed additional instrumentations,control and telemetry systems that provide for pump station status indication and additional control functions. West Linn will prepare and update as necessary an operating plan for the intertie pump station and appurtenant facilities and provide copies of same to the Board, Lake Oswego and Tigard. 7. Quantity of Water to be Supplied. Upon agreement between the Parties to make use of the intertie pursuant to Paragraph 3 of this Agreement,the Party supplying water shall endeavor to supply the amount of water requested by the other Party,and take all reasonable actions necessary to accomplish the same, so long as such actions are not detrimental to the operation of the supplying Party's own water system. Provided that Lake Oswego's supply facilities are expanded to a treatment capacity of 38 million gallons per day(mgd), Lake Oswego and Tigard can provide West Linn and Board with up to 4 mgd through at least 2041. 8. Cost of Water to be Supplied.The Parties agree to pay for all water provided through the intertie at a rate that is the greater of: a. The rate being paid by West Linn to South Fork for wholesale water; or b. The cost to Lake Oswego and Tigard to produce and deliver water to the inlet side of the intertie pump station,which in the first year of operation of the expanded treatment plant is estimated to be $0.95 per 100 cubic feet. The volume of water delivered shall be measured by the meter installed at the intertie pump station.The Parties have the right at any time to review rates for water supplied and make such adjustments to the cost of water provided, as they deem necessary and by mutual agreement of all Parties. In the event it is necessary for the Party supplying water through the intertie to obtain additional water from a water provider that is not a party to this agreement, the water rate charged to the Party receiving water under this agreement shall be the water rate charged to the supplying Party by the non-party water provider.The Parties further agree that water utilized for periodic testing and exercising of the facilities will be furnished between the Parties without cost. In addition to the rate charged for water,the Parties by mutual agreement reserve the right to impose wheeling charges. 3 9. Operation and Maintenance Costs. Lake Oswego and Tigard agree to supply the water used to exercise the intertie pumps at a rate of approximately 500 gallons per minute for one hour each week at no cost to West Linn or the Board. The Parties agree that West Linn,as the owner of the intertie facilities,is responsible for all other costs of the normal day-to-day operation and maintenance of the facilities. 10. Repairs,Renewals, Replacements, Upgrading and Modifications. The Parties agree that West Linn,as the owner of the intertie facilities,will be responsible for scheduling,contracting for and implementing any repairs,renewals, replacements, upgrading and modifications that may be required in the future to maintain or increase the function of the facilities. a. Cost of Repairs. West Linn shall be responsible for the cost of all repairs,except that Lake Oswego and Tigard agree to pay 50%of the cost of any repairs necessary to those facilities that benefit Lake Oswego and Tigard.Those facilities are defined as the piping, valves,vaults, metering, instrumentation and control systems,and appurtenant facilities that are used to provide water to Lake Oswego and Tigard from West Linn and the Board. b. Cost of Capital Improvements. The cost of any capital improvements or improvements that increase the function of the facilities will be shared in an equitable manner, based upon the benefit to be derived from each Party from each particular period. 11. Access to Water System Intertie Facilities. The Parties and their employees shall have access to the water system intertie facilities. 12. Agreement Not to Resell Water Without Consent. Except for existing wholesale customers or mutual aid agreements,the Parties agree that they will not resell water supplied under the terms of this agreement without prior written consent of all Parties. 13. Supersedes Prior Agreement. The Parties agree that this agreement supersedes and replaces the prior agreement executed in October(Lake Oswego), November(Board)and December (West Linn), 2003. 14. Amendment Provisions. The terms of this agreement may be amended by mutual agreement of the Parties.Any amendments shall be in writing,shall refer specifically to this agreement,and shall be executed by the Parties. 15. Termination of Agreement.This agreement shall remain in perpetuity until such time as it is terminated by the mutual written consent of all Parties. Termination of this agreement shall not affect ownership status of the water system intertie facilities hereinabove described. 16. Written Notices.All written notices required under this agreement shall be sent to: South Fork Water Board: General Manager South Fork Water Board 15962 5. Hunter Avenue Oregon City,Oregon 97045 4 City of Lake Oswego: City Manager City of Lake Oswego P.O. Box 369 Lake Oswego,Oregon 97034 City of Tigard City Manager 13125 SW Hall Blvd Tigard, Oregon 97223 City of West Linn: City Manager City of West Linn 22500 Salamo Road West Linn,Oregon 97068 17. Dispute Resolution: If a dispute arises between the Parties regarding this Agreement,the Parties shall attempt to resolve the dispute through the following steps: Step One(Negotiation) The Executive Officer or other persons designated by each of the disputing Parties will negotiate on behalf of the entity they represent.The nature of the dispute shall be reduced to writing and shall be presented to each Executive Officer,who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step,there shall be a written determination of such resolution,signed by each Executive Officer and ratified by their respective Board or Council, which shall then be binding upon the Parties. Step Two(Mediation) If the dispute cannot be resolved within thirty(30)days at Step One,the parties shall submit the matter to non-binding mediation.The Parties shall attempt to agree on a mediator. If they cannot agree,the Parties shall request a list of five (5)mediators from the Presiding Judge of the Clackamas County Circuit Court.The Parties will attempt to mutually agree on a mediator from the list provided,but if they cannot agree,the mediator will be selected by the Presiding Judge of Clackamas County Circuit Court.The cost of the mediator shall be borne equally between the Parties,but each Party shall otherwise be responsible for Its own costs and fees. If the issue is resolved at this step,a written determination of such resolution shall be signed by each Executive Officer and ratified by their respective Board or Council. Step Three (Arbitration) If the Parties are unsuccessful at Steps One and Two,the dispute shall be resolved by binding arbitration proceedings pursuant to ORS Chapter 36. The Parties shall follow the same process as in Step Two for the selection of the arbitrator. Upon breach of this agreement,the nondefaulting Parties shall be entitled to all legal or equitable remedies available,including injunctive relief, declaratory judgment,specific performance and termination. Each party shall be responsible for its own attorney fees and costs. 5 IN WITNESS WHEREOF,the Parties have set their hands and affixed their seals as of the date and year hereinabove written. Board has acted in this matter pursuant to Resolution No, - adopted on the v1∎'` day of No4eAr"b ' , 2013,or by any other acceptable means. Lake Oswego has acted in this matter pursuant to Resolution No.8'I adopted on the /7 15 day of`p.V.Aiiktr__ , 2013,or by any other acceptable means. West Linn has acted in this matter pursuant to Resolution No. / adopted on the \tr day of NnT■-■rv^bi-r 2013,or by any other acceptable means. Tigard has acted in this matter pursuant to Resolution No. adopted on the day of , 2013,or by any other acceptable means. South Fork Water Board, by and through its offi ':Is APPROVE oiTO FOR By: �w By: Dour. eeley Vic• C air ' Chri rean,Attorney City of Lake Oswego, APPROVED AS TO F9 by and through its o ials pp BY: .4L Y /14—tN( rtie- -, By: 4:4 Kent Studebaker, Mayor David Powell, City Attorney Attest: k ij /A i ;I. Catherine Schneid- , qty Recorder City of West Linn, APPROVED AS TO FORM by and hrough its officials By: • k- �L�• ! `^ Jot Kovash, ayor__ Megan Thorn'•n,Assistant City Attorney Attest: 1\ Kathy Mollusky, ity Recorder City of Tigard APPROVED AS TO FORM by and through its officials By: By: - John L.Cook, Mayor Tim Ramis,Attorney Attest: Cathy Wheatley, City Recorder 6 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12-a(,p A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING AN EMERGENCY WATER SUPPLY(INTERI'1E) WHEREAS, Lake Oswego's water system is connected to the water systems of the South Fork Water Board and West Linn via an intertie, and under an emergency water supply agreement, these three entities have supplied water to one another during emergencies;and WHEREAS,the cities of Lake Oswego and Tigard entered into a water partnership agreement whereby the two cities would work together to develop a new water system that will meet both communities' future water needs; and WHEREAS,under the water partnership agreement,Tigard obtained an ownership interest in the intertie used to provide emergency water;and WHEREAS,as an owner in the intertie,Tigard needs to be included in the emergency water supply agreement; and WHEREAS,water partnership plans include an expansion of Lake Oswego's existing water treatment plant in West Linn, and the West Linn Planning Commission suggested the emergency water supply agreement be updated;and WHEREAS,an emergency water supply agreement has been developed and is attached as Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: On behalf of the Tigard City Council,the mayor is authorized to execute the emergency water supply agreement, entitled the Intergovernmental Cooperatirx Agreement for Water System Interne between the South Fork Water Board the City of Lake Oswego, the City of West Linn, and the City of Tigard(Exhibit A). SECTION 2: This resolution is effective immediately upon passage. PASSED: This_Q Z day o 4P leo !` 2012. i1 Mayer—City of Tigard aun 'es tent Ar1'EST: 4111" if / • co s r•�� City Recorder-City of Tigard RESOLUTION NO. 12- 3 co Page 1 Exhibit A INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR WATER SYSTEM INTERTIE BETWEEN THE SOUTH FORK WATER BOARD,THE CITY OF LAKE OSWEGO,THE CITY OF WEST LINN, AND THE CITY OF TIGARD This Agreement is made and entered into by and between the South Fork Water Board, an intergovernmental entity created pursuant to ORS Chapter 190, serving as a water supply agency and jointly owned and operated by the Cities of Oregon City and West Linn, hereinafter referred to as "Board," and the City of Lake Oswego, an Oregon municipal corporation, hereinafter referred to as"Lake Oswego," and the City of West Linn, an Oregon municipal corporation, hereinafter referred to as "West Linn," and the City of Tigard, an Oregon Municipal Corporation, hereinafter referred to as "Tigard", all hereinafter collectively referred to as the "Parties." RECITALS The Parties agree upon the following recitals: 1. WHEREAS, the Parties acknowledge that the Board, Lake Oswego, and West Linn entered into an intergovernmental cooperative agreement in 1984 to provide for the construction, operation and maintenance of an emergency water system intertie between the water supply system of the Board and West Linn and the water supply system of Lake Oswego; and 2. WHEREAS, the facilities as described in the 1984 agreement,which are located near the intersection of Old River Road and Kenthorpe Way in West Linn, were constructed and the intertie became operable in that same year, and 3. WHEREAS, the intertie has been utilized periodically since 1984 during emergencies to provide emergency water supply between the Board, Lake Oswego, and West Linn; and 4. WHEREAS, the planning for the 1984 intertie contemplated future construction of an intertie water pump station in the vicinity of original intertie;and 5. WHEREAS, West Linn has constructed the previously contemplated pump station on Old River Road near its intersection with Kenthorpe Way; and 6. WHEREAS, the intertie pump station and appurtenant facilities provide benefit to all of the Parties to this agreement; and 7. WHEREAS, the Board, Lake Oswego, and West Linn contributed to the cost of the pump station and appurtenant facilities; and 8. WHEREAS, Lake Oswego and Tigard have entered into an intergovernmental cooperative agreement that conveys an ownership interest in existing water supply facilities necessary to supply emergency water to West Linn and Board, and provides for construction of new water 1 supply facilities including an expanded water treatment plant and raw and finished water pipelines to supply their respective long term water needs; and 9. WHEREAS,the changes in ownership, anticipated facilities expansion, and water allocation formulas called for in the intergovernmental agreement between Lake Oswego and Tigard necessitate amendment of the existing water system intertie agreement; and 10. WHEREAS,through expansion of Lake Oswego's existing water supply system to its ultimate treatment capacity of 38 million gallons per day (mgd), Lake Oswego and Tigard can continue to provide West Linn and Board with redundant water supply facilities and a reliable source of emergency water supply sufficient to meet West Linn's average day demand of 4 mgd through at least 2041; and 11. WHEREAS, the Parties agree that other options for West Linn to provide its citizens with a redundant and reliable water supply system for emergency water supply needs are significantly more expensive and therefore agree it is in the best interests of their respective communities to work together in good faith to address critical, local water infrastructure needs in a coordinated and collaborative manner for mutual benefit; and 12. WHEREAS, provided that expansion of Lake Oswego's existing water supply system occurs, West Linn ratepayers will avoid $11.6 million in water system capital construction needs, and each Party will realize other benefits including mitigating environmental impacts from duplicative infrastructure projects, flexibility in system operations for emergency and non-emergency events, and economies not otherwise achieved through individual actions; and 13. WHEREAS,the Parties acknowledge that by entering into this Agreement the public health, safety and welfare of their citizens are protected and enhanced in a fiscally responsible manner; and 14. WHEREAS, the Parties acknowledge that they have authority to execute this cooperative intergovernmental agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the Parties hereto as follows: 1. "Water Supply Facilities" Defined.As used herein, the term "water supply facilities" means river intake, raw and finished pumping facilities, water treatment facilities,water storage facilities, and all other infrastructure used in conjunction with the appropriation, treatment,storage or transmission of the Parties' water. 2. "Emergency Condition" Defined. An "emergency condition" is an occurrence created by a failure of the water supply facilities of the Board, Lake Oswego,West Linn,or Tigard, or the occurrence 2 of an event which jeopardizes the Parties'water quality, whereby insufficient supply to any of the water customers of the Parties could threaten the health or safety of those customers. Such failure includes failure or interruption in the operation of river intakes, raw and finished water pumping facilities,water treatment facilities, raw and finished water pipelines, reservoirs, and appurtenant facilities. Emergency conditions shall not include situations involving loss of water pressure or diminution in water volume in a water distribution system during periods of high demand if the system remains in a normal operational mode, and shall not include scheduled repairs or maintenance or reductions in water availability due to regulatory action. 3. Utilization of Water Intertie.The water system intertie may be utilized by the mutual consent of the executive officers of each of the Parties, or their designees. Decisions regarding the use of the intertie may be reviewed by the city councils of each of the Parties at the discretion of each city council. 4. Location and Description of Water System Intertie. The location of the water system intertie is in the vicinity of the intersection of Kenthorpe and Old River Road in West Linn.The intersection connection that was established and constructed in 1984 under the above-referenced prior agreement consists of an 18-inch intertie main approximately 800 feet in length and related appurtenance that are located on Old River Road between Mapleton Drive and Kenthorpe Way. This pipeline connects West Linn's 18-inch diameter transmission main located on Highway 43 to Lake Oswego's 24-inch diameter transmission main located at the intersection of Kenthorpe Way and Old River Road. In 2000, West Linn constructed an intertie booster pump station on property located on the west side of Old River Road between Kenthorpe and Mapleton Drive. The property is located between Old River Road and Highway 43.The pump station connects to, and utilizes, the 18-inch intertie main on Old River Road.The pump station allows the intertie to be used on a continuous and automatically controlled basis in both directions of supply, i.e. Board and West Linn to Lake Oswego and Lake Oswego and Tigard to West Linn and Board.The pump station includes flow, pressure control, metering and telemetry facilities, and a connection for providing emergency power supply.The pump station, along with the facilities and appurtenances associated with it, as well as the facilities previously constructed in 1984, constitute the water system intertie that is the subject of this agreement. 5. Modifications to Water System Intertie. West Linn, as the project owner, undertook and completed the water system intertie pump station project. West Linn has maintained accurate cost accounting records relating to the project.The Board agreed to contribute $100,000.00 to the project cost,which shall be payable in accordance with a payment schedule not to exceed two years. Lake Oswego agreed to contribute to the project a sum equal to 50%of the project cost of the facilities that benefit Lake Oswego, but not to exceed $65,000.00.These facilities are defined as the piping,valves, vaults, metering, instrumentation and control systems, and appurtenant facilities that are used to provide water supply to Lake Oswego from West Linn and the Board. The estimated project cost of these facilities which benefit Lake Oswego is$130,000. "Project Cost" as used in this paragraph is defined as the final construction cost of the facilities plus the prorated share of the engineering costs for project which include pre-design, design, bidding and award, construction management, permits and approvals,operation and maintenance manuals, and intertie operating plan. Project costs do not include property acquisition costs, contractor claims, litigation costs or other extraordinary costs related to the project. Upon completion of the project, West Linn will provide documentation to Lake Oswego for the project costs incurred. Lake Oswego agrees to pay West Linn its contribution toward the 3 cost of such facilities in accordance with a payment schedule not to exceed two years from the date of this agreement. 6. Title to Intertie Facilities.The title to the water system intertie facilities as described above in Paragraph 4 and the obligation to insure them shall be in the name of West Linn.Title to the property occupied by the intertie pump station will be in the name of West Linn. 7. Method of Water Supply Through Intertie.Supply to Lake Oswego and Tigard from the Board and West Linn will be by gravity through the piping, metering, flow and pressure control facilities associated with the intertie pump station. Supply to West Linn and the Board from Lake Oswego and Tigard will be accomplished by pumping or gravity from the Lake Oswego-Tigard water system through the intertie pump station into West Linn's system. Instrumentation, control and telemetry systems will be installed in the station and the station will be under the primary control of West Linn. Lake Oswego has installed additional instrumentation,control and telemetry systems that will provide for pump station status indication and additional control functions. West Linn will prepare an operating plan for the intertie pump station and appurtenant facilities and provide copies of same to the Board and Lake Oswego. 8. Quantity of Water to be Supplied. Upon agreement between the Parties to make use of the intertie pursuant to Paragraph 3 of this Agreement,the supplying water shall endeavor to supply the maximum feasible quantity of water requested by the receiving Party, and take all reasonable actions necessary to accomplish the same,so long as such actions are not detrimental to the operation of the supplying Party's own water system. Provided that Lake Oswego's supply facilities are expanded to a treatment capacity of 38 million gallons per day, Lake Oswego and Tigard can provide West Linn and Board with redundant water supply facilities and a reliable source of emergency water supply sufficient to meet West Linn's average day demand of 4 mgd through at least 2041. 9. Cost of Water to be Supplied. The Parties agree to pay for all water provided through the intertie at a rate which is the greater of: a. The cost,then being paid by West Linn to the Board for wholesale water; or b. The cost to Lake Oswego and Tigard to produce and deliver water to the inlet side of the intertie pump station, which in the first year of operation of the expanded treatment plant is estimated to be $0.95 per 100 cubic feet. The volume of water delivered shall be measured by the meter installed at the intertie pump station.The Parties shall have the right at any time to review rates for water supplied and make such adjustments to the cost of water provided, as they deem necessary and by mutual agreement of all Parties. In the event it is necessary for a Party supplying water through the intertie to obtain additional water from a water provider not party to this agreement,the water rate charged to the Party receiving water under this agreement shall be the water rate charged to the supplying Party by the non-party water provider.The Parties further agree that water utilized for periodic testing and exercising of the facilities will be furnished between the Parties 4 without cost. In addition to the rate charged for water, the Parties by mutual agreement reserve the right to impose wheeling charges. 10. Operation and Maintenance Costs. The Parties agree that West Linn, as the owner of the intertie facilities,will be responsible for and will pay for the normal day-to-day operation and maintenance costs of the facilities. 11. Repairs, Renewals, Replacements, Upgrading and Modifications.The Parties agree that West Linn, as the owner of the intertie facilities, will be responsible for scheduling, contracting for and implementing any repairs, renewals, replacements, upgrading and modifications that may be required in the future to maintain or increase the function of the facilities. a. Cost of Repairs: West Linn shall be responsible for the cost of all repairs, except that Lake Oswego and Tigard agrees to pay 50%of the cost of any repairs necessary to those facilities which benefit Lake Oswego and Tigard.Those facilities are defined as the piping, valves, vaults, metering, instrumentation and control systems, and appurtenant facilities that are used to provide water to Lake Oswego and Tigard from West Linn and the Board. b. Cost of Capital Improvements. The cost of any capital improvements or improvements which increase the function of the facilities will be shared in an equitable manner, based upon the benefit to be derived from each Party from each particular period. 12. Access to Water System Intertie Facilities.The Parties and their employees shall have access to the water system intertie facilities. 13. Agreement Not to Resell Water Without Consent. Except for existing wholesale customers or existing mutual aid agreements, the Parties agree that they will not resell water supplied under the terms of this agreement without prior written consent of all Parties. 14. Supersedes Prior Agreement.The Parties agree that this is agreement supersedes and replaces the prior agreement executed in October and November, 2003. 15. Amendment Provisions. The terms of this agreement may be amended by mutual agreement of the Parties. Any amendments shall be in writing, shall refer specifically to this agreement, and shall be executed by the Parties. 16. Termination of Agreement.This agreement shall continue in effect until terminated by any Party with written notice of such intent to terminate provided to the other Parties. Notice to terminate must be provided at least 36 months prior to the effective date of termination. Termination of this agreement shall not affect ownership status of the water system intertie facilities hereinabove described. 17. Written Notices Addresses. All written notices required under this agreement shall be sent to: South Fork Water Board: General Manager South Fork Water Board 5 15962 S. Hunter Avenue Oregon City, Oregon 97045 City of Lake Oswego: City Manager City of Lake Oswego P.O. Box 369 Lake Oswego, Oregon 97034 City of West Linn: City Manager City of West Linn 22500 Salamo Road West Linn,Oregon 97068 City of Tigard City Manager City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 18. Dispute Resolution: If a dispute arises between the parties regarding this Agreement, the Parties shall attempt to resolve the dispute through the following steps: Step One (Negotiation) The Manager or other persons designated by each of the disputing Parties will negotiate on behalf of the entity they represent.The nature of the dispute shall be reduced to writing and shall be presented to each Manager, who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step,there shall be a written determination of such resolution, signed by each Manager and ratified by their respective Board or Council, which shall then be binding upon the Parties. Step Two (Mediation) If the dispute cannot be resolved within thirty(30) days at Step One,the parties shall submit the matter to non-binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree, the Parties shall request a list of five(5)mediators form the Presiding Judge of the Clackamas County Circuit Court.The Parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, the mediator will be selected by the Presiding Judge of Clackamas County Circuit Court.The cost of mediator shall be borne equally between the Parties, but each Party shall otherwise be responsible for its own costs and fees therefore. If the issue is resolved at this step, a written determination of such resolution shall be signed by each Manager and ratified by their respective Board or Council. Step Three (Arbitration) If the Parties are unsuccessful at Steps One and Two,the dispute shall be resolved by binding arbitration proceedings pursuant to ORS Chapter 36. The Parties shall follow the same process 6 as in Step Two for the selection of the arbitrator. Upon breach of this agreement,the nondefaulting Parties shall be entitled to all legal or equitable remedies available, including injunctive relief, declaratory judgment, specific performance and termination.The prevailing Party(ies) in Step Three shall be entitled to reasonable attorney fees and costs which have been incurred during the Step Three process,as may be awarded by the arbitrator. SIGNATURE PAGE FOLLOWS 7 IN WITNESS WHEREOF,the Parties have set their hands and affixed their seals as of the date and year hereinabove written. Board has acted in this matter pursuant to Resolution No. adopted on the day of , 2012. Lake Oswego has acted in this matter pursuant to Resolution No. adopted on the day of , 2012. West Linn has acted in this matter pursuant to Resolution No. adopted on the day of , 2012. Tigard has acted in this matter pursuant to Resolution No. adopted on the day of , 2012. South Fork Water Board, by and through its officials APPROVED AS TO FORM By: By: Doug Neeley, Vice Chair Chris Crean, Attorney City of Lake Oswego, APPROVED AS TO FORM by and through its officials By: By: Jack D. Hoffman, Mayor David Powell, City Attorney Attest: Catherine Schneider, City Recorder City of West Linn, APPROVED AS TO FORM by and through its officials By: By: Jon Kovash, Mayor Pam Beery,City Attorney Attest: Kathy Mollusky, City Recorder City of Tigard APPROVED AS TO FORM by and through its officials by: By: Craig Dirksen, Mayor Tim Ramis,Attorney Attest: Cathy Wheatley, City Recorder et.ud SyssLbr, AIS-1596 C. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): 10 Minutes Agenda Title: Discussion of Upcoming Contract Award Items Prepared For: Joseph Barrett Submitted By: Joseph Barrett, Financial and Information Services Item Type: Update, Discussion, Direct Meeting Type: Council Staff Business Mtg - Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Discussion of two upcoming contracts that will require award by the Local Contract Review Board: •Main Street Sewer/Fanno Creek Crossing Elimination •Pavement Overlay Design Services for the 2014 Pavement Management Program STAFF RECOMMENDATION / ACTION REQUEST This is a discussion item and no action is required. Staff is looking to answer any questions regarding these project that Board members may have prior to the contract award presentation which will occur in a few weeks. KEY FACTS AND INFORMATION SUMMARY The following is information on the two projects and the contracts that will require Local Contract Review Board award approval in the coming weeks: Main Street Sewer/Fanno Creek Crossing Elimination The existing sewer crossing over Fanno Creek at Main Street is at risk of being damaged during flooding. the pipe is currently supported on concrete piers and is located under the Main Street Bridge. The piers for the pipe itself at at risk of damage by high water, scour, and debris flowing down the creek during flooding events. This project will eliminate the crossing by rerouting the sewer along the west side of Fanno Creek. The project will eliminate the possibility of the creek taking out the pipe and/or its supports and releasing sewage directly into Fanno Creek. This project is consistent with the Sanitary Sewer Master Plan and is designed to meet the City Public Facility Design Standards and Clean Water Services Design and Construction Standards. The project will be build across private property and easements and property restoration are part of the overall project. The contract that will be coming before the LCRB, most likely on February 11, 2014, is for the construction phase of the project. The engineer's estimate for this phase is $267,000. Staff issued an Invitation to Bid for the work on January 8, 2014. The project was advertised in the Daily Journal of Commerce on that date and also in The Tigard Time on January 16, 2014. As of January 16, 2014, staff had received notification from nine firms and four plan centers that had downloaded or picked up the bid packet. As such, staff is anticipating a competitive bid for the work. The project closes on January 23rd and staff bring the bid results (and full bid tab) to present during this study session item. 2014 Pavement Management Program - Pavement Overlay Design Services The yearly Pavement Management Program (PMP) protects the city's investment in street infrastructure. The program typically includes a combination of minor maintenance projects (slurry seal applications) and major maintenance projects (pavement overlays). In a payment overlay project, the pavement on a street has deteriorated due to traffic usage and weather, and is at the point where pavement repairs and overlays are necessary to avoid further deterioration and return the street to a good condition. The project's contract that will be coming before the LCRB for award, again most likely on February 11th, is for design services related to the pavement overlay portion of the program. Work included under this contract will include: •An evaluation of existing pavement, •Recommendations of pavement treatments, •A survey of existing curb ramps, •Design of curb ramp retrofits to meet ADA requirements, and •Design of the paving work. Streets that have overlays planned include: •Locust Street (Greenburg Rd to Hall Blvd) •Walnut Street (116th Ave to 122nd Ave) • 121st Avenue (Tippitt PI to Ann P1) • 115th Avenue (Gaarde St to Fonner St) •78th Avenue (Pfaffle St to Spruce St) •Spruce Street (78th Ave to 71st Ave) •71st Avenue (Hwy 99W to Pine St) •Old Gaarde Street (Gaarde St to Hwy 99W) • 105th Avenue (McDonald St to the end) •Canterbury (109th to Hwy 99W) • 109th Avenue (Canterbury to 600' S of Murdock) •Tech Center Drive (72nd Ave to west end) •Frewing Street (Hwy 99W to O'Mara) As this work will be done by an engineering firm, it falls under the Qualification Based Solicitation (QBS) process which does not allow the city to ask for any pricing information during the solicitation. Staff estimates this work will fall between $100,000 and $250,000 and is conducting an intermediate QBS process. This process requires the city to issue an informal RFP to at least five engineering firms on the city's Public Works Qualified Roster. The five firms chosen to receive the RFP were: •Murray, Smith, &Associates •WHPacific, Inc. •CES/NW Inc. •Wallis Engineering, and •Duval Engineering Proposals are due on January 21st and will be scored and ranked based on: •Firm Qualifications and Specific Experience of Key Staff(40%weight) •Project Approach (30% weight), and •Project Samples (30% weight) Staff will enter negotiations with the top ranked firm and will bring an update of the negotiation to this discussion item on January 28th. OTHER ALTERNATIVES This is an informational/discussion item. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS n/a DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first discussion with the LCRB on these contracts. Fiscal Impact Cost: 0 Budgeted (yes or no): 0 Where budgeted?: 0 Additional Fiscal Notes: This is a discussion item and contract pricing has yet to be determined. The fiscal impact of each contract will be included with on their respective award items which are tentatively schedule for February 11, 2014 Attachments No file(s)attached. AGENDA ITEM NO. 2-B CITIZEN COMMUNICATION DATE: January 28, 2014 (Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask that testimony be kept to around 2 minutes.) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AI S-1603 3. A. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Cathy Wheatley, Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments October 22,2013 Council Minutes AIS-1590 3. B. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): Consent Item Agenda Title: Adopt Resolutions Naming Three City Park Properties Prepared For: Steve Martin Submitted By: Steve Martin, Public Works Item Type: Resolution Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall council adopt resolutions naming three park properties? STAFF RECOMMENDATION / ACTION REQUEST Adopt the resolutions. KEY FACTS AND INFORMATION SUMMARY The City Council has the authority to name park property as outlined in the City of Tigard Naming& Recognition Policy approved by council via Resolution No.13-36 on September 3, 2013. The purpose of the policy was to provide consistent standards and procedures when naming city property, such as park land. In accordance with the policy, the council discussed two citizen requests to name two park properties at its December 10, 2013, study session. In the course of discussing names for these park properties, the council expressed its desire to formally name a third park property. All properties were recently acquired using funds from the city's $17 million park and open space bond measure. The three proposed park names are: •Bagan Park •Bull Mountain Park •Sunrise Park Requests (where applicable), resolutions and naming request summary sheets for the three parks are attached. OTHER ALTERNATIVES Council could choose not to adopt the resolution(s). COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS None DATES OF PREVIOUS CONSIDERATION Council discussed naming these park properties at its study session on December 10, 2013. Fiscal Impact Cost: $3,000 Budgeted (yes or no): Yes Where Budgeted (department/program):Park Bond Additional Fiscal Notes: Naming the parks does not have a fiscal impact other than the cost of a park signage; park signs are expected to cost less than $1,000 each. Attachments Resolution to Name Bagan Park Bagan Property Naming Request Summary Mr. Heintz Request Letter Resolution to Name Bull Mountain Park Paull/Eiswerth Naming Request Mr. Khavari Request Letter Resolution to Name Sunrise Park Sunrise Property Naming Request Summary AIS-1533 . C. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): 0 Minutes Agenda Title: Authorize the City Manager to Execute the First Amendment to an Agreement with Clean Water Services Regarding the Deny Dell Sewer Project Prepared For: Mike Stone Submitted By: Renee Ferguson, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council authorize the city manager to execute the first amendment to an agreement with Clean Water Services regarding the Derry Dell sewer project? STAFF RECOMMENDATION / ACTION REQUEST Authorize the city manager to execute amendment. KEY FACTS AND INFORMATION SUMMARY The council was briefed on the first amendment to the intergovernmental agreement regarding the Derry Dell sewer project at its January 14, 2014, study session. The City of Tigard and CWS share responsibility for the operation and maintenance of the city's sewer system. In January 2012, the council authorized an intergovernmental agreement with CWS. Under that agreement, the city and CWS agreed to work together on the Deny Dell sewer project. This project will reconstruct exposed sewer lines that cross Deny Dell Creek and Fanno Creek on the Skelton property near Woodard Park. CWS was tasked with designing, contracting and managing the project. A portion of the Skelton property was required to construct the project. The city was tasked with acquiring an easement to or purchasing that property. The council authorized the purchase of the entire Skelton property in August 2012. The purchase of the entire property—rather than just a portion of the property or an easement—made it possible to do enhanced work on the site. This enhanced work includes: •Replacement of two existing 36-inch diameter culverts crossing under SW Walnut Street with 108 linear feet of 8-foot by 9-foot reinforced concrete box culvert. The new culvert will be fish-friendly and will provide additional stormwater capacity. •Installation of 240 feet of 8-inch, ductile iron water line. This will replace an aging, 6-inch cast iron line. This is an opportune time to upgrade the line while the area is under construction. •Widening approximately 275 feet of roadway shoulder (roadbed) along SW Walnut Street in preparation for future street improvements. This is an opportune time to construct this section of the roadbed because the city will have the required permits to work in the sensitive area surrounding Derry Dell Creek. •Installation of 795 feet of paved trail and boardwalk. The trail will connect the Pathfinder-Genesis Trail with the Johnson Street entrance to Woodard Park. The boardwalk will provide a neighborhood connection from Johnson Street on the west side of Derry Dell Creek to the trail and Johnson Street on the east side of Deny Dell Creek. The proposed amendment addresses the permitting, design and construction of the enhanced work. Under the amendment, the city will: •Provide all designs, permits and temporary construction easements necessary to construct the enhanced work. •Provide lead inspection and any construction testing related to the enhanced work. •Grant sanitary sewer easements to CWS for the 21-inch sanitary sewer line. (The city will retain all property rights in the easement area, but will avoid any construction activity on or near sewer lines.) •Reimburse CWS for costs associated with enhanced work. •Reimburse CWS for the cost to design and install plant materials required for the vegetated corridor enhancement associated with enhanced work. •Reimburse CWS for construction contract administration efforts associated with enhanced work. OTHER ALTERNATIVES The council could choose not to authorize the amendment and direct staff to: •Re-negotiate the terms of the amendment. •Develop a separate intergovernmental agreement for the enhanced work. •Not to pursue the enhanced work. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The enhanced work furthers the goals and objectives of the 2014-2034 Strategic Plan Draft Working Document. DATES OF PREVIOUS CONSIDERATION The council was briefed on the first amendment to the intergovernmental agreement regarding the Derry Dell sewer project at its January 14,2014, study session. Fiscal Impact Cost: 900,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Multiple Additional Fiscal Notes: The estimated cost of this agreement with Clean Water Services is $900,000. The Derry Dell project has a total of$1.5 million budgeted over two fiscal years-2013-2014 and 2014-2015. This total budget amount is sufficient to cover the costs of this project, including the enhanced work. This project has been budgeted over fiscal years 2014 and 2015. We will carry over most of the $710,000 from fiscal year 2014. We have budgeted$800,000 in fiscal year 2015. This IGA will require the City to deposit the bid amount with CWS within 5 days of the bid opening. While the deposit of the funds will occur this spring, most of the work will not begin until after July 1, 2014, which is the beginning of fiscal year 2015. The project will be funded from the following sources: Streets $50,000 Sewer $269,192 Water $24,650 Storm $235,254 Parks $320,904 Total $900,000 Attachments First Amendment to the IGA Regarding the Derry Dell Sewer Proiect FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES FOR THE DESIGN,PERMITTING,AND CONSTRUCTION OF THE DERRY DELL GRAVITY SEWER REPLACEMENT This Amendment, dated effective , 2013, is between CLEAN WATER SERVICES (District), a County Service District organized under ORS Chapter 451, and the CITY OF TIGARD (City),an Oregon Municipality and amends the parties' Intergovernmental Agreement for the Design, Permitting, and Construction of the Deny Dell Gravity Sewer Replacement dated April 3, 2012 (Agreement). A. RECITALS 1. City and District previously entered into the Agreement to collaborate on the design, permitting, and construction of the Deny Dell Gravity Sewer Replacement(Original Project). The Original Project includes designing and constructing approximately 1,200 feet of new sanitary sewer, removing or abandoning 1,800 feet of existing sanitary sewer, and realigning a 700-foot reach of Deny Dell Creek. 2. In the best interests of permitting, design,construction, and to minimize adverse impacts on adjacent properties and costs, the parties now wish to amend the Original Project to include: (i) replacing two existing 36-inch diameter CMP culverts crossing SW Walnut Street with 108 linear feet of 8-foot by 9-foot reinforced concrete box culvert, (ii) installing 240 feet of 8-inch water line, (iii)widening approximately 275 feet of the SW Walnut Street road prism to its ultimate width, and(iv)installing 795 feet of paved trail and boardwalk and associated appurtenances(collectively,Enhanced Work). 3. The parties also wish to amend the Agreement to clarify each party's responsibility for the Enhanced Work, Communication Plan, and to further clarify the allocation of mitigation credit generated from the Original Project. 4. City and District agree that it is in the best interest of the public and both parties to postpone the construction due to the design of the Enhanced Work,National Marine Fisheries Service consultation, In-Water Work Period limitations,winter erosion control issues,public inconvenience, and to provide appropriate project review periods. The bidding period will be postponed until after January 2014 with a new substantial completion target of October 31, 2014. NOW,THEREFORE, the parties agree as follows: First Amendment of Intergovernmental Agreement for Deny Dell Gravity Sewer Replacement Page 1 of 4 B.TERMS AND CONDITIONS The Agreement is amended to add the following: I. ENHANCED WORK City shall: 1. Provide all designs,permits, and temporary construction easements necessary to construct the Enhanced Work. 2. Provide lead inspection and any necessary construction testing. City shall be responsible for warranty inspection of Enhanced Work during the project warranty period. 3. Grant sanitary sewer easement(s)to District for the 21-inch sanitary sewer line. City shall retain all property rights in the easement area but agrees not to construct any permanent structures or consent to any construction activities on or near the sanitary sewer line which might in any fashion unearth,undermine, or damage the sanitary sewer line without written consent from District. 4. Within five business days of bid opening,reimburse District the `bid' amount of the construction costs associated with the Enhanced Work. Upon acceptance reimburse District the final construction costs of the Enhanced Work and any change orders for the Enhanced Work less the amount paid at the time of the bid opening. City has the right to direct District to reject all Enhanced Work bids if not acceptable to City at its sole discretion. 5. By December 31, 2014, Reimburse District for the cost to design and install planting materials to meet the Vegetated Corridor Enhancement requirement associated with Enhanced Work. 6. Reimburse District for construction contract administration efforts. This amount shall be equal to 5%of the total construction cost of the Enhanced Work and installation of Vegetated Corridor plant material associated with Enhanced Work, including any approved change orders. This amount shall be calculated no later than 30 days after the substantial completion date, as determined by the District. 7. By September 30,2014, Reimburse District for all costs associated with ESA Vigil- Agrimis, Inc. (ESA)providing additional project management, survey,and structural engineering services for the Enhanced Work. City's reimbursement to District for ESA's work shall not exceed $31,980. District shall: 1. Amend the Service Provider Letter and planting plan to include the Enhanced Work. 2. Design and install planting materials to meet Vegetated Corridor Enhancement requirements associated with Enhanced Work. First Amendment of Intergovernmental Agreement for Deny Dell Gravity Sewer Replacement Page 2 of 4 3. Administer the bid process and award the construction contract. 4. Perform construction contract administration for all contracts issued by the District for the Work. 5. Assist the City with construction inspection of the Enhanced Work and warranty inspection. 6. Invoice City no later than 30 days after the substantial completion date. II. COMMUNICATION PLAN 1. City shall take the lead in handling all public involvement related to planning and constructing the Original Project and Enhanced Work. 2. District shall assist City with communicating to the public about the project and attend planned events for public involvement related to planning and constructing the Original Project and Enhanced Work. 3. District shall reimburse City a percentage of the cost for Sally Murdoch Media Relations to prepare a Communication Plan. District's reimbursement percentage shall be equal to the Original Project construction cost(sewer and creek relocation)divided by the overall construction cost of the Original Project and Enhanced Work. District's reimbursement to City for the Communication Plan shall not exceed$5,000. 4. City will invoice the District no later than 30 days after the substantial completion date. III. VEGETATIVE CORRIDOR, STREAM MITIGATION AND WETLAND MITIGATION CREDIT ALLOCATION The parties agree to the following allocation of vegetative corridor mitigation credit,wetland mitigation credit, and stream mitigation credit: 1. The Original Project created 26,073 square feet of vegetative corridor mitigation credit. This credit shall be divided equally between City and District. Each party shall receive 13,036.5 square feet of vegetative corridor mitigation credit. 2. City's planned park area, south of SW Johnson Street,created 3,518 square feet of vegetative corridor mitigation credit. This credit shall be considered credit associated with the Enhanced Work and belongs to City. 3. District shall use its vegetative corridor mitigation credit to mitigate impact associated with the Original Project. District's impact is 1,073 square feet which will leave District with 11,963.5 square feet of credit for other uses. 4. City shall use its vegetative corridor mitigation credit from the Original Project and Enhanced Work to mitigate impact associated with the Enhanced Work. City's impact is 7,554 square feet which will leave City with 9,000.5 square feet of credit for other uses. First Amendment of Intergovernmental Agreement for Deny Dell Gravity Sewer Replacement Page 3 of 4 5. The Original Project created 22,377 square feet of wetland mitigation credit.This credit shall be divided equally between City and District. Each party shall receive 11,188.5 square feet of wetland mitigation credit. 6. There is no net wetland impact associated with the Original Project,therefore mitigation will not be required which will leave District with 11,188.5 square feet of wetland mitigation credit for other uses. 7. The Oregon Department of State Lands and US Army Corps of Engineers approved City to use its wetland mitigation credit to mitigate wetland impacts associated with the Enhanced Work. City's wetland impact is 6,751 square feet which will leave City with 4,437.5 square feet of wetland mitigation credit for other uses. 8. The Original Project created 266 Linear Feet of stream mitigation credit. This credit shall be divided equally between City and District. Each party shall receive 133 linear feet of stream mitigation credit. 9. In the event that City requires more credits than allocated,City shall have the right to purchase credit from District at direct cost(the actual cost to establish the credits which shall include all construction and maintenance costs)or at the rate of$3.93 per square foot for vegetative corridor mitigation credit and$4.09 per square foot for wetland mitigation credit,whichever is lower. 10. Each party in its sole discretion shall be able to use its share of wetland mitigation credits for future projects within its jurisdiction in compliance with federal, state and local regulations. C. EFFECT OF AMENDMENT Except as amended herein,the Agreement shall remain in full force and effect. CLEAN WATER SERVICES CITY OF TIGARD,OREGON By: By: General Manager or Designee City Manager or Designee APPROVED AS TO FORM APPROVED AS TO FORM District Counsel City Counsel First Amendment of Intergovernmental Agreement for Deny Dell Gravity Sewer Replacement Page 4 of 4 AIS-1486 4. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): 20 Minutes Agenda Title: FY 2014 Second Quarter Supplemental Budget Amendment Prepared For: Toby LaFrance Submitted By: Carissa Collins, Financial and Information Services Item Type: Motion Requested Meeting Type: Council Resolution Business Public Hearing - Legislative Meeting - Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication 01/15/2014 Date in Newspaper: Information ISSUE A second quarter supplemental amendment to the FY 2014 Adopted Budget is being requested. The purpose of the supplemental is to account for revenues and expenses that were unknown at the time of budget adoption. The following issues are addressed in the amendment: Community Development: *Building's reassignment of.201-4TE of the Permit Technician Assistant in Development Services (General Fund) to Building Services (Building Fund). *Approve the revised Investigation Fee in the Building Division as mandated by the Oregon Building Codes Division per HB 2978. Community Services: *Recognition of revenues received from vehicle sales and insurance reimbursements in Police. Public Works: • *Recognition of grant revenues and insurance reimbursements. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the second quarter supplemental amendment to the FY 2014 Adopted Budget. KEY FACTS AND INFORMATION SUMMARY The following is a list of items that require council action for the FY 2014 budget: 1. Community Development •Permit Technician Assistant-A request to redistribute 0.20FIE Permit Technician Assistant position to the Building Division.The Permit Technician Assistant is currently a 1.0 FIE in Development Services in General Fund.With the approved FIE redistribution and budget,this position will provide 8 hours/week of support to Building Services including scanning documents,filing construction plans,receipting permit fees, balancing cash receipts,and updating building permit forms. •Building Division: Investigation Fee-A request is being made to update the Investigation Fee for Building to reflect a change to House Bill 2978 that allows the city to charge an investigation fee if any construction,alteration,repair or installation begins without the required permit.An update to the Master Fees& Charges Schedule will charge$90.00 per hour based upon the average fully loaded hourly rate of the 3 positions that would like perform this work. Per House Bill 2978,this fee will be effective January 1,2014. 2. Community Services (Police) • Vehicle Auction Sale- Action is requested to recognize proceeds from the sale of two police vehicles at the State of Oregon Auction. • Insurance Reimbursements—The City of Tigard has received a total of$41,270 in reimbursements from three insurance claims. * Police unit #10-229 was totaled on September 5, 2013. As a result, the city will receive an insurance check in the amount of$32,465 to go toward the purchase of a new, fully equipped police vehicle. * A total of$5,838 was received for damage to a Police motorcycle. * The city was reimbursed for damage to Police unit 07-219 in the amount of$2,967. • Vehicle Replacement—An additional appropriation in the amount of$7,220 is being requested in order to replace Police unit #10-229 that was totaled on September 5, 2013. As previously mentioned, the city will be reimbursed from insurance in the amount of$32,465. The additional $7,220 will allow the city to purchase a fully equipped vehicle to replace the one that was totaled. 3. Public Works • Spring 2014 Emergency Management Exercise- An additional appropriation in the amount of$8,880 is being requested to pay for costs associated with the Emergency Management Exercise. These costs will be reimbursed by the Federal Emergency Management Agency (FEMA). • Cook Park Gate Repair—The city received an insurance check in the amount of$1,463 from the responsible party that damaged the gate at Cook Park. OTHER ALTERNATIVES Do not approved the second quarter supplemental amendment to the FY 2014 Adopted Budget. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Financial Stability DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $64,952 Budgeted (yes or no): Yes Where Budgeted (department/program):CD/PD/PW Additional Fiscal Notes: The total impact of this amendment will increase total requirements by $64,952 that is offset by additional resources from grants and insurance reimbursements in the amount of$57,732 and $15,720 from contingency. This leaves a total of$8,500 in Reserve For Future Expenditure. Exhibit-A contains the details of each budgetary item. Attachments 1 and 2 summarize the items by fund for all city funds. Attachments Exhibit-A Attachment-1 Attachment-2 Resolution Building Fee Update HB 2978 Exhibit-A FY 2014 Second Quarter Supplemental Budget Amendment Project/Contract/Carr■torssard/Grant \mount I mid Ili Financial Impact to Description Ending Fund Balance A request is being made to redistribute.20 FTE of the 1.0 FTE Permit Tech Assistant position in Community Development's Increase in ending Development Services Division in General fund balance by Fund.The position will supply support in I Permit Tech Assistant position $8,500 BID/Building Building by scanning documents,filing $8,500 within the General Fund. construction plans,receipting permit fees. balancing cash receipts,and updating building permit forms.If approved,the position will be split.80 FTE in Development Services and.20 FTE in Building. House Bill 2978 was passed to allow the city to charge an investigation fee if construction, alteration,repair or installation is commenced without the required permit.Upon council 2 Investigation Fee $0 BLD/Building n/a approval,an update of the Master Fees& Charges Schedule will charge$90.00 per hour based upon the fully loaded hourly rate of the 3 positions that would likely perform this work.Per HB 2978,this fee will be effective on January 1,2014. No impact.This Recognition of proceeds from sale of two action provides vehicles at the State of Oregon auction. 3 Vehicle Auction Sale 116.1 19 GF/PD additional revenue to will be used for planned expenses support additional within the Police Department. expenditures. No impact.This action provides $32,465 GF/PD additional revenue to Reimbursement of costs associated with support additional totaled vehicle unit#10-229. expenditures. No impact.This action provides 4 Insurance Reimbursements 55.838 GF/PD additional revenue to Reimbursement of costs associated with support additional damage to a motorcycle. expenditures. No impact.This action provides Reimbursement of costs associated with $2,967 GF/PD additional revenue to support additional vehicle damage to unit 07-219. expenditures. No impact.Increase Police unit#10-229 was totaled on September in revenues plus 5,2013.The city received an insurance check decrease in in the amount of$32,465 from CIS.In order Vehicle Replacement $7,220 GF/PD to replace the fully equipped vehicle,an contingency offsets additional appropriation of$7,220 is being increase in program requested for a total purchase price of expenditures. $39,685. Total $48,490 No impact.This Request for additional appropriation to pay spring 2014 Emergency Management action provides for the Emergency Management Exercise to ~8.8811 (ilvl W additional revenue to occur in April2014.Cost will be reimbursed I '.ercise support additional by the Federal Emergency Management expenditures. Agency(FEMA). Exhibit-A FY 2014 Second Quarter Supplemental Budget Amendment Financial Impact to Project/Contracl/Carr■foreard/(:rant \muom I and IIii Description Ending Fund Balance No impact. his action provides The city received an insurance check for 6 Cook Park Gate Repair s1.463 GF/PW additional revenue to damages to the gate at Cook Park. support additional expenditures. Total Budget Amendment $73,452 FY 2014 Second Quarter Supplemental Attachment-2 Summary of Budget Changes Revised Q2 Adopted Revised Budget Amendment Budget Affected City Funds Resources Beginning Fund Balance $ 9,377,514 $ - $ 9,377,514 Property Taxes $ 13,020,535 $ - S 13,020,535 Franchise Fees S 5,601,400 S - S 5,601,400 Licenses&Permits S 2,133,252 S - S 2,133,252 Intergovernmental S 5,583,662 S 8,880 S 5,592,542 Charges for Services S 3,230,653 S - S 3,230,653 Fines&Forfeitures S 1,098,783 S - $ 1,098,783 Interest Earnings S 123,504 S - S 123,504 Miscellaneous S 34,992 S 48,852 S 83,844 Other Financing Sources S 361,000 S - $ 361,000 Transfers In from Other Fund, S 180,000 S - S 180,000 Total Resources $ 38,107,007 S 57,732 $ 40,803,027 Requirements Policy and Administration S 802,516 S - S 802,516 Community Development S 4,611,567 S - S 4,611,567 Community Services S 20,048,141 $ 54,609 S 20,102,750 Public Works S 5,396,382 S 10,343 S 5,406,725 Program Expenditures Total $ 29,375,670 $ 64,952 $ 30,923,558 Loans S 361,0(X) S - S 361,000 Transfers to Other Funds S 916,292 S - S 916,292 Contingency S 1,400,000 S (15,720) S 1,384,280 Total Budget $ 31,852,962 $ 49,232 $ 33,585,130 Reserve For Future Expenditure $ 6,254,045 $ 8,500 $ 7,217,897 Total Requirements $ 38,107,007 $ 57,732 $ 40,803,027 1 of 3 FY 2014 Second Quarter Supplemental Attachment-2 Summary of Budget Changes Reference Budget Items: 1,3,4,5,6,7 Revised Q2 Adopted Revised Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 8,156,853 S - $ 8,156,853 Property'Taxes S 13,020,535 S - S 13,020,535 Franchise Fees S 5,601,400 S - $ 5,601,400 Licenses&Permits S 900,135 S - S 900,135 Intergovernmental S 5,575,381 S 8,880 S 5,584,261 Charges for Services S 3,230,653 S - S 3,230,653 Fines&Forfeitures S 1,098,783 S - S 1,098,783 Interest Earnings $ 103,722 S - S 103,722 Miscellaneous S 24,902 -5 48,8$' S 73,754 Other Financin Sources 361,000 S - 361,000 oral Resources $ 38,073,364 $ 57,732 $ 38,131,096 Requirements Policy and Administration S 802,516 $ - $ 802,516 Community Development S 3,094,988 S (8,500) S 3,086,488 Community Services S 20,048,141 S 54,609 S 20,102,750 Public Works S 5,396,382 S 10,343 S 5,406,725 Program Expenditures Total $ 29,342,027 $ 56,452 $ 29,398,479 Loans S 361,000 S - S 361,000 Transfers to Other Funds S 916,292 S - S 916,292 Contingency S 1,200,000 S (,,22i)) S 1,192,780 Total Budget $ 31,819,319 $ 49,232 $ 31,868,551 Reserve For Future Expenditure $ 6,254,045 $ 8,500 $ 6,262,545 J Total Requirements $ 38,073,364 $ 57,732 $ 38,131,096 7 of 3 FY 2014 Second Quarter Supplemental Attachment-2 Summary of Budget Changes Reference Budget Items:1 Revised Q2 Adopted Revised Budget Amendment Budget Building Fund Resources Beginning Fund Balance $ 1,220,661 S - $ 1,220,661 Licenses&Permits S 1,233,117 $ - S 1,233,117 Intergovernmental S 8,281 S - S 8,281 Interest Earnings $ 19,782 $ - $ 19,782 Miscellaneous $ 10,090 S - S 10,090 Transfers In from Other Funds S 180,000 S - S 180,000 Total Resources $ 2,671,931 $ - $ 2,671,931 Requirements Community Development S 1,516,579 S 8,500 S 1,525,079 Program Expenditures Total $ 1,516,579 $ 8,500 $ 1,525,079 Contingency S 200,000 S (8,500) S 191,500 Total Budget $ 1,716,579 $ - $ 1,716,579 Reserve For Future Expenditure $ 955,352 $ - $ 955,352 Total Requirements $ 2,671,931 $ - $ 2,671,931 3 of 3 77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session Enrolled House Bill 2978 Sponsored by COMMITTEE ON BUSINESS AND LABOR CHAPTER AN ACT Relating to the state building code; creating new provisions; and amending ORS 446.405, 455.070, 455.125, 455.129, 455.770, 455.775, 455.895 and 480.530. Be It Enacted by the People of the State of Oregon: SECTION 1. Sections 2 to 4 of this 2013 Act are added to and made a part of ORS chapter 455. SECTION 2. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to ob- tain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual ad- ditional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. (2) This section does not apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. SECTION 3. If the Department of Consumer and Business Services has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes, the department may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter, and ORS chapter 447, 460 or 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, re- straining order or writ of mandamus shall be granted. SECTION 4. A person may not: Enrolled House Bill 2978 (HB 2978-B) Page 1 (1) Perform work without appropriate licensing, certification or registration or employ, allow, permit or suffer individuals to perform work for the person without appropriate li- censing, certification or registration. (2) Advertise or otherwise hold out as being a licensed, certified or registered specialty code contractor without holding the appropriate specialty code contractor license, certif- ication or registration. (3) As a partner, officer, member or employee of a business, advertise or hold out that the business is a licensed, certified or registered specialty code contractor if the business does not hold the appropriate specialty code contractor license, certification or registration. (4) Engage in business as a specialty code contractor without holding a valid specialty code contractor license, certificate or registration required for the business. (5) Perform work or operate equipment within the scope of a specialty code license, cer- tificate or registration in a manner that violates an applicable minimum safety standard or a statute or rule regarding safety. SECTION 5. ORS 446.405 is amended to read: 446.405. (1) If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003 and 446.395 to 446.420, the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with [the Director of] the Department of Consumer and Business Services. The [director] department shall provide a copy of the complaint to the installer and shall also notify the dealer, if any, that arranged for such installation and may then investigate the complaint. If [it is determined by the director] the department determines that the installation fails to comply with licensure requirements as provided by ORS 446.003 and 446.395 to 446.420 or the installation rules adopted by the Director of the Department of Consumer and Business Services, the [director] department shall provide notice of such failure to the installer and shall order the installer to bring the installation into compliance [within 30 days of date of notice]. (2) The director shall establish, by rule, fees and a procedure for inspection of manufactured dwellings and cabanas to carry out the provisions of this section. (3) If the installer fails to bring the installation into compliance as ordered, the [director] de- partment may suspend or revoke the installer's license as provided [by Department of Consumer and Business Services rules adopted] under ORS 455.129. (4) If the installer fails to bring the installation into compliance, the [director] department shall order the dealer, if any, that arranged for such installation to bring the installation into compliance with the provisions of ORS 446.003 and 446.395 to 446.420 and the rules adopted [pursuant thereto] under ORS 446.003 and 446.395 to 446.420. The dealer is responsible to bring only those installa- tion activities into compliance [which] that the dealer arranged. The dealer shall have 30 days from the date of the order to bring the installation into compliance. If the dealer fails to bring the in- stallation into compliance within 30 days of the date of the order, the dealer shall be subject to civil penalties as provided by ORS 446.416. (5) Hearings, penalties and appeals resulting from violation of this section shall be carried out in conformance with ORS 183.325 to 183.497 and this section. SECTION 6. ORS 455.070 is amended to read: 455.070. (1) Any person may report a suspected violation of the state building code[, which] that poses an imminent threat to public health or safety[,] to the local building official or, where the code is state-administered, to the Department of Consumer and Business Services. The complaint shall be in writing and submitted under rules adopted by the department. The rules of the department shall provide for the disposition of frivolous or harassing complaints by requiring detailed de- scriptions of the alleged violation and reference to the code sections allegedly violated. [A copy of the complaint shall be given by the municipality or agency] (2) The municipality or the department shall give notice of the complaint to the contrac- tor, building owner and subcontractor, if any, involved in the project alleged to be in violation. The Enrolled House Bill 2978 (HB 2978-B) Page 2 municipality or [agency] the department may charge the complainant for the necessary costs of supplying, copying and distributing the complaint form. (3) If, after five working days, no remedial action has taken place, the complainant has standing to appeal the matter to the appeals board of the municipality, where one is established, or directly to the [applicable state] appropriate advisory board where there is no local appeals board. The municipal appeals board or state advisory board shall reach a final decision within 14 days of the complainant's appeal. A municipal appeals board decision shall then be subject to appeal to a state advisory board under ORS 455.690, provided that the state advisory board shall reach a final de- termination within 14 days of notice of an appeal. A record of the written complaint and the findings of the appeals and advisory boards may be introduced into evidence in any judicial pro- ceeding for damages brought against the complainant by any person suffering damages as a result of the complaint. SECTION 7. ORS 455.125 is amended to read: 455.125. (1) As used in this section, "person" includes individuals, corporations, associ- ations, firms, partnerships,limited liability companies,joint stock companies,public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company. [(1)] (2) In addition to any other sanction, remedy or penalty provided by law, the Director of the Department of Consumer and Business Services or an appropriate advisory board may deny, suspend, condition or revoke a registration, certification, license or other authority of a person to perform work or conduct business issued under laws administered by the Department of Consumer and Business Services or advisory board if the [holder] person: (a) Fails to comply with a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693, or with any rule adopted under those statutes or under ORS 455.117; or (b) Engages in an act for which the Construction Contractors Board imposes a sanction on the holder under ORS 701.098. [(2)] (3) For purposes of ORS [701.100] 701.106, a compliance failure described in subsection [(1)(a)] (2)(a) of this section for which the director or an advisory board denies, suspends, conditions or revokes a registration, certification, license or other authority of a person to perform work or conduct business may be treated as a failure to be in conformance with this chapter. SECTION 8. ORS 455.129 is amended to read: 455.129. (1) As used in this section, "relative"means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relation- ship within the third degree as determined by the common law. [(1)] (2) Subject to ORS chapter 183, [except as provided in subsection (4) of this section,] a reg- ulatory body listed in subsection [(2)] (3) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or regis- tration if the regulatory body finds that the licensee, certificate holder, registrant or applicant: (a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body. (b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty. (c) Has filed an application for a license, certificate or registration that, as of the date the li- cense, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances un- der which it was made, was incorrect or misleading in any respect. (d) Has performed work without appropriate licensing, certification or registration or has em- ployed individuals to perform work without appropriate licensing, certification or registration. Enrolled House Bill 2978 (HB 2978-B) Page 3 (e) Has advertised or otherwise held out as being a licensed, certified or registered spe- cialty code contractor without holding the appropriate specialty code contractor license, certificate or registration. (f) As a partner, officer, member or employee of a business, has advertised or held out that the business is a licensed, certified or registered specialty code contractor if the busi- ness does not possess the appropriate specialty code contractor license, certificate or regis- tration. (g) Has engaged in business as a specialty code contractor without holding a valid spe- cialty code contractor license, certificate or registration required for the business. [(e)] (h) Has failed to meet any condition or requirement to obtain or maintain a license, cer- tificate or registration. [(0] (i) Has acted in a manner creating a serious danger to the public health or safety. (j) Has performed work or operated equipment within the scope of a specialty code li- cense, certificate or registration in a manner that violates an applicable minimum safety standard or a statute or rule regarding safety. [(g)] (k) Has been subject to a revocation, cancellation or suspension order or to other disci- plinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board. [(h)] (L) Has been subject to a revocation, cancellation or suspension order or to other disci- plinary action by another state in regard to construction standards, permit requirements or construction-related licensing violations or has failed to pay a civil penalty imposed by the other state in regard to construction standards, permit requirements or construction-related licensing vi- olations. [(i)] (m) Has, while performing work that requires or that is related to work that requires a valid license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670[,] or this chapter or ORS chapter 447, 460 or 693, violated any statute or rule related to the state building code. (n) Has performed a code inspection or plan review on a project to construct, alter, re- pair or make an installation in a structure if the inspector or reviewer, or an employer or relative of the inspector or reviewer, has a financial interest in or business affiliation with the project or structure. [(j)] (o) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil penalty assessed under ORS 455.895 or has been the subject of action against the license, cer- tificate or registration by the Department of Consumer and Business Services, the director or [any] an appropriate advisory board. [(k)] (p) Is a business, owner or officer of a reorganized business entity as defined in ORS 657.682, if an owner, officer, shareholder or partner of the reorganized business entity, or a member if the reorganized business entity is a member-managed limited liability company, has been subject to a revocation or suspension order or to a condition or civil penalty under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670[,] or this chapter or ORS chapter 447, 460, 693 or 701, or by another state in regard to construction standards, permit requirements or construction-related licensing violations. [(L)] (q) Is ordered to pay damages under a judgment or arbitration award that relates to con- struction and that has become final by operation of law or on appeal. [(m)] (r) Is a business, the owner or an officer of which was an owner or officer in another business at the time: (A) The other business was assessed a civil penalty under ORS 455.895 that remains unpaid; or (B) An act or failure to act by any owner or officer of the other business resulted in action being taken against the license, certificate or registration of the other business by the department, the director or any advisory board. [(2)] (3) Subsection [(1)] (2) of this section applies to: Enrolled House Bill 2978 (HB 2978-B) Page 4 (a) The State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 or ORS chapter 693. (b) The Electrical and Elevator Board for purposes of licenses issued under ORS 446.210 or 479.510 to 479.945. (c) The Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to 480.670. (d) The department for purposes of licenses issued under this chapter. (e) The department, subject to Electrical and Elevator Board approval, for purposes of licenses issued under ORS 460.005 to 460.175. (f) The department, subject to Residential and Manufactured Structures Board approval, for purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420. [(3)] (4) The department may administer and enforce subsection [(1)] (2) of this section in the same manner and to the same extent as any advisory board. [(4) This section does not apply to licenses, certificates, registrations or applications for licensure, certification or registration involving inspectors or involving persons engaged in the manufacture, conversion or repair of prefabricated structures, prefabricated components or recreational vehicles.] SECTION 9. ORS 455.770 is amended to read: 455.770. (1) In addition to any other authority and power granted to the Director of the De- partment of Consumer and Business Services under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693, with respect to municipalities, building officials and inspectors, if the director has reason to believe that there is a failure to enforce or a violation of any provision of the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 [and] or 480.510 to 480.670 [and] or this chapter or ORS chapter 447, 460 or 693 or any rule adopted [thereunder] under those statutes, the director may: (a) Examine building code activities of the municipality; (b) Take sworn testimony; and (c) With the authorization of the Office of the Attorney General, subpoena persons and records to obtain testimony on official actions that were taken or omitted or to obtain documents otherwise subject to public inspection under ORS 192.410 to 192.505. (2) The investigative authority authorized in subsection (1) of this section covers the violation or omission by a municipality related to enforcement of codes or administrative rules, certification of inspectors or financial transactions dealing with permit fees and surcharges under any of the following circumstances when: (a) The duties are clearly established by law, rule or agreement; (b) The duty involves procedures for which the means and methods are clearly established by law, rule or agreement; or (c) The duty is described by clear performance standards. (3) Prior to starting an investigation under subsection (1) of this section, the director shall no- tify the municipality in writing setting forth the allegation and the rules or statutes pertaining to the allegation and give the municipality 30 days to respond to the allegation. If the municipality does not satisfy the director's concerns, the director may then commence an investigation. (4) If the Department of Consumer and Business Services or the director directs corrective action, the following shall be done: (a) The corrective action shall be in writing and served on the building official and the chief executive officers of all municipalities affected; (b) The corrective action shall identify the facts and law relied upon for the required action; and (c) A reasonable time shall be provided to the municipality for compliance. (5) The director may revoke any authority of the municipality to administer any part of the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 [and] or 480.510 to 480.670 [and] or this chapter or ORS chapter 447, 460 or 693 or Enrolled House Bill 2978 (HB 2978-B) Page 5 any rule adopted [thereunder] under those statutes if the director determines after a hearing con- ducted under ORS 183.413 to 183.497 that: (a) All of the requirements of this section and ORS 455.775 and 455.895 were met; and (b) The municipality did not comply with the corrective action required. [(6) Nothing in ORS 455.775 shall be construed to grant any authority over a municipality or in- spector employed by a municipality.] SECTION 10. ORS 455.775 is amended to read: 455.775. In addition to any other authority and power granted [to the Director of the Department of Consumer and Business Services] under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693: (1) The Director of the Department of Consumer and Business Services[:] [(1) Except where inconsistent with other provisions of law, the director] may, at the discretion of the director, enforce the provisions of the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950, 479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The director may: (a) Make an investigation; (b) Take sworn testimony; (c) With the authorization of the Office of the Attorney General, subpoena persons and records; (d) Order corrective action; and (e) If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code. (2) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code, or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 [and] or 480.510 to 480.670 [and] or this chapter [and] or ORS [chapters] chapter 447, 460 [and] or 693 [and] or any rule adopted [thereunder] under those statutes, the director may issue an order, subject to ORS 183.413 to 183.497, directed to the person to cease and desist from the violation or threatened violation. (3) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 [and] or 480.510 to 480.670 [and] or this chapter [and] or ORS chapters 447, 460 and 693 [and] or any rule adopted [thereunder] under those statutes, the director may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted [thereunder] under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. (4) This section does not grant any authority over a municipality or an inspector em- ployed by a municipality. SECTION 11. ORS 455.895 is amended to read: 455.895. (1)(a) The State Plumbing Board may impose a civil penalty against a person as pro- vided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165. (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850. (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480.670. Amounts recovered under this paragraph are subject to ORS 480.670. (2) The [Director of the] Department of Consumer and Business Services, [in consultation with the] or an appropriate advisory board, if any, may at its discretion impose a civil penalty against any person who violates [any provision of] the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, Enrolled House Bill 2978 (HB 2978-B) Page 6 479.950 [and] or 480.510 to 480.670, [and] or this chapter [and] or ORS [chapters] chapter 447, 460 [and] or 693, or any rule adopted or order issued for the administration and enforcement of those [provisions] statutes. Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must be in an amount determined by the appro- priate advisory board or the [director] department of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense. (3) Each violation of ORS 446.003 to 446.200 or 446.225 to 446.285, or any rule or order issued [thereunder] under ORS 446.003 to 446.200 or 446.225 to 446.285, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation. (4) The [director] department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, "public body" has the meaning given that term in ORS 174.109. (5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department [of Consumer and Business Services], by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the [director] department for enforcement and administration of provisions and rules described in subsection (2) of this section. (6) Civil penalties under this section shall be imposed as provided in ORS 183.745. (7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the [director] department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty. (8) Any officer, director, shareholder or agent of a corporation, or member or agent of a part- nership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section. (9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the [director] department or the appropriate advisory board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the [director] department or advi- sory board that [shall] does not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section. (10) If a civil penalty is imposed for a violation of a provision of ORS 446.566 to 446.646 and the violation relates to a filing or failure to file with a county assessor functioning as agent of the de- partment, the department, after deducting an amount equal to the department's procedural, col- lection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. SECTION 12. ORS 480.530 is amended to read: 480.530. The Department of Consumer and Business Services may: (1) Where it appears that a person is engaging in or is about to engage in an act or practice in violation of any provision of ORS 480.510 to 480.670, obtain without furnishing a bond, a restraining order and injunction from the circuit court in the county where the act or practice is occurring, or is threatened, enjoining the act or practice. However, before obtaining a restraining order and injunction, unless the act or practice constitutes an immediate threat to health and safety, the de- partment shall first notify the person concerned of the department's intentions. The notice shall be in writing, shall advise the person concerned of the department's intentions and shall advise the person concerned of the right to appeal in writing within 10 days and that the appeal will be heard by the Board of Boiler Rules. In case there is a timely request for an appeal, proceedings will be Enrolled House Bill 2978 (HB 2978-B) Page 7 stayed pending the appeal, unless the act or practice constitutes an immediate menace to health or safety or the person concerned fails to prosecute the appeal with diligence. (2) Keep a complete record of the types, dimensions, maximum allowable working pressures, age, location and date of the last recorded inspection of all boilers and pressure vessels to which ORS 480.510 to 480.670 apply. (3) Publish and distribute copies of the rules and [regulations] codes applicable to boilers and pressure vessels. (4) Check or cause to be checked the authenticity, appropriateness and expiration dates of li- censes and certificates issued under ORS 480.510 to 480.670. (5) Administer written, oral or practical examinations to all applicants for certification as chief boiler inspector, deputy inspector or special inspector under ORS 480.565. SECTION 13. Section 2 of this 2013 Act applies to amounts charged in the form of an investigation fee on or after the effective date of this 2013 Act for construction, alterations, repairs, maintenance and installations commenced before, on or after the effective date of this 2013 Act. Passed by House April 16, 2013 Received by Governor: Repassed by House May 30,2013 M., ,2013 Approved: M., ,2013 Ramona J. Line, Chief Clerk of House Tina Kotek, Speaker of House John Kitzhaber, Governor Passed by Senate May 28, 2013 Filed in Office of Secretary of State: Id., ,2013 Peter Courtney, President of Senate Kate Brown, Secretary of State Enrolled House Bill 2978 (HB 2978-B) Page 8 AGENDA ITEM No. 4 Date: January 28, 2014 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING ON THE FISCAL YEAR 2014 SECOND QUARTER SUPPLEMENTAL BUDGET AMENDMENT Due to Time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 4 Date: January 28, 2014 PLEASE PRINT Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-1548 5. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): 50 Minutes Agenda Title: Tigard Parks Zone Project DCA2013-00003 Prepared For: John Floyd, Community Development Submitted By: John Floyd, Community Development Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing- Legislative Meeting - Main Public Hearing: Yes Publication Date: 01/09/2014 Information ISSUE Shall Council approve the Planning Commmission recommendation of November 18, 2013 regarding proposed amendments to the Tigard Community Development Code and Zoning Map to create a new Parks Zone? STAFF RECOMMENDATION / ACTION REQUEST Approve the ordinance adopting the Planning Commission recommendation of November 18, 2013 creating a Parks Zone and adopting the associated text and zoning map amendments. KEY FACTS AND INFORMATION SUMMARY The purpose of the Parks Zone Project is to create a new base zone for public parks and recreational facilities. The project is intended to address known inadequacies and inconsistencies of existing regulations, which can significantly increase permitting timetables and construction costs of both minor and major improvements to public parkland. These inadequacies are amplified as the city attempts to implement the Parks System Master Plan. The vehicle for correction of these inadequacies and inconsistencies is the creation of a new parks zone and associated chapter within the Tigard Community Development Code (Chapter 18). Unlike other cities across Oregon, the City of Tigard lacks a dedicated zone for publicly owned and/or community recreation land uses. At present there is not a specific zone for parkland within the city, resulting in the city's parkland being subject to a patchwork of base zone regulations and extensive land use permitting for many minor improvements. To address these ongoing issues, City staff developed draft development code amendments that would change how the city regulates publicly owned parkland. These amendments would result in a more efficient and nuanced approach than presently exists, providing greater flexibility to the city and enhanced protections to neighboring residents and landowners. Approximately 500 acres of land would be placed into the new zone,with new parkland converted into the park zone as it is purchased by the City. The Planning Commission considered the draft amendments on November 18, 2013 and unanimously recommended their approval without changes. Copies of the recommended amendments, staff report, public comments, and minutes of the November 18, 2013 meeting are included for Council's review and consideration. OTHER ALTERNATIVES As a land use amendment, Council can direct staff to make changes to the recommendation prior to adoption, decide to take no action, or direct staff to develop other alternatives. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Approval of the recommended amendments would support implementation of the 2009 Tigard Parks System Master Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION Briefing on June 11, 2013 Attachments Draft Ordinance Exhibit"A" -Planning Commission Recommendation Exhibit"B" -Proposed Zoning Map with Parks and Recreation Zone Planning Commission Minutes Staff Report to the Planning Commission Exhibit "A" 1111 • ' City of Tigard 1 , A h„ Memorandum To: President Anderson and Planning Commissioners From: John Floyd,Associate Planner Re: Additional Written Public Testimony for July 18,2013 Public Hearing DCA2013-00003 (Parks Zone Project) Date: November 18, 2013 Additional written testimony was received by staff after the publication of the staff report for DCA2013-00003 (Tigard Parks Zone). This testimony has been gathered together and attached to this memorandum for consideration by the Planning Commission, as listed below: 1. Email from City of Tualatin;November 12, 2013. 2. Email from Glenna Thompson; November 14, 2013. 3. Letter from Oregon Department of Fish and Wildlife; November 15, 2013. 4. Email from Ron& Meg Shaw; November 17, 2013. 5. Email from Tualatin Valley Fire & Rescue;November 18, 2013. Exhibit "A" John Floyd From: CARL SWITZER <CSWITZER @ci.tualatin.or.us> Sent: Tuesday, November 12, 2013 8:34 PM To: John Floyd Subject: Request for Comments-Tigard PZP Attachments: SVarioLink 13111221320.pdf Hi John, We do not have any comments at this time. Best Carl Switzer Parks and Recreation Manager 18880 SW Martinazzi Avenue Tualatin, OR 97062-7092 Desk Phone: 503.691.3064 Cell Phone: 503.519.3271 cswitzerci tualatin or.us 1 Exhibit "A" C/t Ti(1, ElVFpli Tjv City of Tigard Nay 0 4 20 11111 ° tY f g co 20/3 I i G A Rz t D REQUEST FOR COMMENTS PtAtt N�EVF�0P �/V�%Iv eA,T DATE: October 31,2013 TO _ Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd,Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Finail:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone.' The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2,6,8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: 5PM,MONDAY, NOVEMBER 18, 2013. You may use the space provided below or attach a.separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnfl@tigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below Z L AA '(D & '!j' S i ► ' 4 : : .i. a1 ' t •10..' 03, brf.,3044 Name &Number of Person(s ommenting, Exhibit "A" John Floyd From: Glenna Thompson <glenna79 @frontier.com> Sent: Thursday, November 14, 2013 11:33 AM To: John Floyd Subject: RE: Parks Zone Project Hi John, So, here are some of my thoughts about this project: I notice that the Project Summary says this project would result in a more efficient approach to reviewing improvements or developments to new parks and implies this would be different from the current "one-size-fits-all: manner of project review. The Project Summary specifically targets small or minor improvements and small projects, however, I see no language in the proposed development code amendments that differentiates small projects like adding a picnic table that covers a few square feet and larger projects like creating a lighted or unlighted recreational field (a football or soccer field would be many acres). I suggest adding language to the proposed amendments to define "small" projects whose review would be streamlined from major land use changes and large projects whose greater potential impact on city-owned lands calls for a more thorough review. I suggest that projects whose footprint is smaller than the average size of a single-family residential lot be classified as "small" projects and subject to the streamlined review process. A random sample of 10 residential lots in the City of Tigard from a popular real estate website came up with an average lot size of 6,613 square feet. In no case should projects with a footprint larger than 1/3 acre be exempt from current standards of regulation and review. I would suggest any parcel that is 5,000 square feet or more should be subjected to standard regulation and review. Thanks and I look forward to hearing your comments. Glenna From: John Floyd [mailto:Johnfl @tioard-or.gov] Sent: Tuesday, November 12, 2013 12:53 PM To: Glenna Thompson Subject: RE: Parks Zone Project Hi Glenna, I'll have two copies waiting for you. Just to be clear, do you want to the notice that was posted at the end of Wall Street, or copies of what was mailed? The information is essentially the same,just different formatting. John 1 From: Glenna Thompson [mailto:olenna790frontier.com] Exhibit "A" Sent:Tuesday, November 12, 2013 12:50 PM To: John Floyd Subject: RE: Parks Zone Project Hi John, Thanks for getting back to me. I would still like to come by and get two copies of that notice as my printer is on the fritz. Please advise if you can provide these for me. Thanks, Glenna From: John Floyd [mailto:Johnfh tioard-or.gov] Sent: Tuesday, November 12, 2013 12:45 PM To: 'Glenna Thompson ' Subject: RE: Parks Zone Project Hi Glenna, Have you looked at the project website? The information can be found here: www.tigard-or.gov/pzp I'm also attached a copy of the notice that went out to the interested parties list. It was mailed out before your name was added to that list. John From: Glenna Thompson [rnailto:glenna79Cahfrontier.com] Sent:Tuesday, November 12, 2013 12:17 PM To: John Floyd Subject: Parks Zone Project Hi John, I did not receive a notice from the city regarding the change in the development code. I only got a post card from you. I would like a copy of the flyer that is posted at the end of Wall St. I would like to stop by your office today and get one for myself and also one for my neighbor, as she didn't get one either. Please advise if you could have at least 2 copies ready for me by early this afternoon. Thanks, Glenna Thompson 503.816.4652 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 Exhibit "A" John Floyd From: Elizabeth J Ruther<elizabeth.j.ruther @state.or.us> Sent: Friday, November 15, 2013 4:04 PM To: John Floyd Subject: ODFW comments- parks zone code proposal Attachments: odfw comments park zone code tigard_2013.pdf Hi John— Please find ODFW's comments for the parks zone code proposal attached. Thank you! Elizabeth J. Ruther Habitat Conservation Biologist Oregon Department of Fish and Wildlife North Willamette Watershed District 18330 NW Sauvie Island Road Portland, OR 97231 P: 503.621.3488 x228 F: 503.621.3025 1 Exhibit "A" Oregon Sauvie Island Wildlife Area ty North Willamette Wildlife District - . John Kitzhaber, Governor 18330 NW Sauvie island Road .144, Portland,OR 97231 Voice:503-621-3488 Fax:503-621-3025 ilttp://www.dfw.state.or.us OREGON Date: November 15,2013 PI.nawwu., To: John Floyd City of Tigard Permit Center 13125 SW Hall Blvd Tigard,OR 97223 RE: ODFW Comments: Parks Zone Project Dear Mr. Floyd: This correspondence by the Oregon Department of Fish and Wildlife (ODFW) provides recommendations to the City of Tigard for the Parks Zone Project.The City of Tigard would like to create a specific zone for parks and greenspaces in order to more efficiently manage parkland within city limits. Currently, parklands contain many different zones. Overall, ODFW supports a park zone in order to efficiently and effectively manage city parkland and natural resources. ODFW has identified two key issues that may negatively affect fish, wildlife, and habitat that currently exist in parks and greenspaces. Purpose ODFW recommends,particularly if the code addresses all three categories of parkland(improved, open space,and natural) in a singular fashion,that a purpose be added that identifies maintaining open space and healthy habitat for fish and wildlife resources for citizens to enjoy. Parkland in developed areas is the primary location where the community can observe wildlife and is one of the major management goals in natural and open space parks across the Metro region. improved vs.Natural and Open space Parkland The current document appears to most adequately address improved parkland scenarios. ODFW does not recommend that some permitted outright actions in Section C be applied to natural and open space parkland.Parks designated as natural and open space are not only used for recreation, but also have a larger natural resources emphasis than improved parkland.ODFW recommends a more detailed park zone code that is more specific to the three major types of parklands in the City to make sure that fish and wildlife resources are not inadvertently impacted. For instance,off street multi-use trails and non-illuminated fields, courts, and arenas could have a large negative impact to habitat if permitted outright in natural and open space parkland. Other actions, like replacing or maintaining structures may have little natural resource impact in these areas. ODFW appreciates the opportunity to provide recommendations to support the best stewardship of the state's fish and wildlife resources as possible and to support the City of Tigard in Exhibit "A" protecting natural resources, benefitting wildlife species, and increasing functioning habitats that are dwindling within the UGB and within the City. Please address any questions you may have regarding these comments to Elizabeth Ruther at 503.621-3488 x228. Since ly p. ,10)Popl!! Elizabeth J. Rather Habitat Conservation Biologist North Willamette Watershed District Exhibit "A" John Floyd From: Ron & Meg <ronmegshaw @frontier.com> Sent: Sunday. November 17, 2013 8:29 PM To: John Floyd Subject: Re. Parks Zone Project Mr. Floyd: Thank you for your prompt & informative response. When we bought our property from Mr. Freeman, we were led to believe that the greenbelt would never be developed. The definition of "developed" can mean a lot of different things, but it is obvious that we were misled by Freeman & his representatives as to the amount of protection we had. I think the common concerns of myself & my neighbors is that our privacy and security be maintained, and our property values unaffected. I hope to the planning commission will consider our concerns when making plans for these areas. Thank You, Ron Show From: John Floyd Sent: Sunday, November 17, 2013 4:41 PM To: 'Ron & Meg' Cc: Tom McGuire ; Steve Martin Subject: RE: Parks Zone Project Mr. and Mrs. Shaw, I am responding on behalf of Mr. McGuire. Thank you for submitting your comments on the Parks Zone Project,they will be forwarded to the Planning Commission for their consideration during deliberations on November 18. I also did some brief research on the "greenbelt"area you mentioned. It appears that the property behind your house, Tract"A" of the Hillshire Woods Subdivision,was gifted to the City by the developer of the Hillshire Estates subdivision for use as "natural, wooded open-space which can be used by the citizens as park space, hiking trails,etc.". Attached is a letter pertaining to that gift. Perhaps this will help clarify the original intent for that land,since there may be some confusion out there regarding what it was intended for. I am also copying the head of our Parks Division so he is aware of your concerns. If you wish to discuss this further, I'm happy to do so and can be reached directly at 503-718-2429 or in person by appointment. Regards, John Floyd John Floyd Exhibit "A" City of Tigard Associate Planner u Community Development ' (503)718-2429 johnfl @tigard-or.gov 13125 SW Hall Blvd TIGARD From: Ron & Meg [mailto:ronmegshawC©frontier.com] Sent: Friday, November 15, 2013 8:45 PM To: Tom McGuire Cc: John Floyd Subject: Parks Zone Project Mr. Torn McGuire: My name is Ron Shaw, & I live at 13515 SW Essex Dr. in Tigard. My property, like several hundred of my neighbors, is backed by a green belt, established when our lots were platted. We were assured when we bought our homes that this green belt would never be developed. The purpose of the green belt is to assure some measure of privacy and security to our homes, and we paid a significant premium for our homes because of it. The phrase "backs to green belt" is still prominently used in real estate advertisements for these homes. The City Parks Department, to my knowledge without a public hearing, has changed the designation of these green belts to "Public Open Space", and added trails and public access points, and removed the signs warning of the dangers of damage to the fragile slopes. They further propose changing these spaces to "Proposed Park & Recreation Zone", and simplifying the process required to add further improvements. I strongly object to the actions already taken, and to any further development of these green belts. These changes now allow 24 hour public access to an unlighted, unfenced, un-policed area bordering our unprotected back yards, in addition to reducing the privacy of our homes. 2 Exhibit "A" I ask that you not approve the Parks Zone Project and take steps to correct the actions already taken. Thank you, Ron Shaw DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 3 Exhibit "A" John Floyd From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Monday, November 18, 2013 11:30 AM To: John Floyd Subject: DCA 2013-00003 Tigard Parks Code Amendment Attachments: Request for Comments DCA 2013-00003 Tigard Parks Zone.pdf John, Thank you for the opportunity to comment on the DCA surrounding the Tigard Parks Zone Amendment. Attached is the record that TVF&R has reviewed the proposal and has no objections to it. John Wolff ( Deputy Fire Marshal II Tualatin Valley Fire & Rescue Direct: 503-259-1504 www.tvfr.com 1 Exhibit "A" s City ofTigard TIGARD REQUEST FOR COMMENTS DATE: October 31.2013 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd,Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl @tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2,and 11;Metro Urban Growth Management Function Plan Tide 12; Comprehensive Plan Goals 1,2, 6,8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: 5PM,MONDAY,NOVEMBER 18,2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnfl(a,ugard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X- We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: John Wolff IAAI-CFI Deputy Fire Marshal II Name &Number of Person(s) Commenting: TVF• '`.. (503)259-1504 -direct). , (503)642-4814-fax Tualatin Valley (503)649-8577-main Fire & Rescue John.Wolff @tvfr.com 11945 S.W. 70th Avenue Tigard,OR 97223-9196 www.tvfr.com C I T Y O F T I G A R D Respect and Care I Do the Right Thing I Get it Done TI( ARE Parks Zone Project DCA 2013-00003 John Floyd, Associate Planner I November 18, 2013 C I T Y O I, T I G ;\ R D ➢ What is the Tigard Parks Zone Project? ➢ Why change the Development Code? ➢ Where would it apply? ➢ What precedents are there? ➢ How would it change existing code? ➢ What do others have to say? ➢ Questions for the Planning Commission C I T Y OF T I G A R D What is the Tigard Parks Zone Project? Text Amendments to Tigard Development Code • Amends 18.330 (Conditional Use) • Creates 18.540 (Parks & Recreation Zone) Zoning Map Amendment to apply the new base zone to approximately 500 acres of city-owned parkland • 7% of total land area of Tigard 90% is presently zoned residential C I T Y OF T I G A R D What is it NOT? ■ Does not propose specific changes to existing parks, or create a new park. / Does not rezone private property. As proposed, new zone may only be applied to publicly owned land ( 18.540.030) . Does not change, remove, or supersede any existing sensitive lands regulations ( 18.540.040) . C I T Y OF T I G A R D Why change the existing code? Existing code inefficient, lacks flexibility or uniformity Increase in number/size of park projects "Costs" of existing code : Disproportional costs for small projects and low-impact improvements (fees, consultants, staff time, required street improvements) . Delayed project implementation . C I T Y OF T I G A R D Where would it apply? All city-owned parks and greenspaces. ■ Both developed and undeveloped . Metro has expressed interest for their properties. ■ Question from staff: Is the Planning Commission interested in creating an "automatic rezoning" process to coincide with parkland purchases? C I T Y OF T I G A R D What precedents are there? Recent city projects in developing/improving parkland Dedicated parks/public zone commonly used by other jurisdictions ( 12 of 17) Most varied their review process by typology of development. Examples of recreation-specific standards for setbacks, height, and off-site impacts. C I T Y OF T I G A R D How would it change existing code? Create a 4th type of base zone and chapter ( 18.540) Transfer community recreation development standards from 18.330 to 18.540. Streamlined review for low-impact and minor development associated with Community Recreation More flexible development standards focused on the protection of adjacent, residential development. C I T Y OF T I G A R D How would it change existing code? • I I . .. .. . • - . . - . - - • ■ - . II be a minimum of 30 feet from any property line b. There are no off street parking requirements, except that five automobile parking spaces are required for a dog park or off leash area ... C I T Y () F T 1 G A R D How would it change existing code? 18.540.010 Purpose "The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City..." C I T Y OF T I G A R D How would it change existing code? 18.540.030 Where the Zone is Applied "The Parks and Recreation Zone is applicable to all city owned lands intended as parks, open space, and recreational facilities and may be applied within all Comprehensive Plan Designations...other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone." C I T Y OF T I G RD How would it change existing code? 18.540.040 Other Zoning Regulations "The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones, plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title." C I T Y O I' T I G A R D How would it change existing code? 18.540.050 Use Regulations Table 18.540. 1 — Use Table: Parks and Recreation Zone Anticipates community recreation as primary land use Allows other needed community facilities (i .e. Basic Utilities and Cultural Institutions) and accessory land uses to provide programming and partnership opportunities (i .e. concessionaires and equipment rental companies) . C I T Y () I, T I G A R D How would it change existing code? 18.540.050 Use Regulations "Development Permitted Outright. When associated with a Community Recreation land use, the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply." C I T Y O l' TI G A R D How would it change existing code? 1. Park furnishings such as play equipment, picnic tables, benches, bicycle racks, public art, trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street, multi-use trails. 4. Structures up to 600 square feet in size, and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields, courts, arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. C I T Y OF T I G A R D How would it change existing code? "Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval ..." C I T Y OF T I G A R D How would it change existing code? 18.540.060 Development Standards "Development within the zone must comply with the following development standards, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width . None." C I T Y OF T I G A R D How would it change existing code? 18.540.060 Development Standards "C. Maximum Structure Height. None, except structures within 100' of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None, except where abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height." C I T Y OF T I G A R D How would it change existing code? 18.540.060 Development Standards "E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks, basketball courts, soccer fields, and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330." C I T Y OF T I G A R D How would it change existing code? 18.540.060 Development Standards "F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones. Where a bathroom or concession stand abuts a school use on a residentially zoned property, the setback is reduced to zero." C I T Y OF T I G A R D How would it change existing code? 18.540.060 Development Standards "Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces, and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one- acre shall provide a minimum of three off-street parking spaces, and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one- half acre are exempt from minimum parking requirements." C I T Y OF T I G A R D How would it change existing code? 18.540.060 Development Standards "I . Lights & Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition, glare sources shall be hooded, shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties." CI T Y () I; T I G ,1 R D What do others have to say? Staff discussed the amendments with Metro Potentially interested in rezoning their property Did not submit a formal comment ■ Four Citizen Comment Letters BPA & ODFW Over 50 general inquiries from public outreach (signs, postcards, notices, etc. ) C I T Y OF T I G A R D Questions for the Planning Commission Does the planning commission approve of the draft amendments as proposed ? Need more information ? Text changes? •- Is the Planning Commission interested in creating a process for the "automatic rezoning" of parkland upon purchase by the city? Exhibit "C" REcEIVED 2012 N0vj82013 CITY OF Planning Commission PLANNING/ENGINEERING 13125 SW Hall Blvd.,Tigard,Oregon 97223 RE: Development Code Amendment (DCA)2013-00003 As a board member for Fans of Fanno Creek, I am writing about the proposed changes to the above referenced development code. Fans is a local 501c3 that advocates for the protection and conservation of our natural resources in the Fanno Creek basin. We have hundreds of members in the basin including in Tigard, who work hard to protect and conserve our fish, wildlife and habitats by helping with our restoration efforts but also by simply being good stewards of the land they live on. Our comments are as follows: Regarding the proposed legislative amendments to the Tigard Development Code and Zoning Map to amend Chapter 18.330(Conditional Use)and adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone)and amend the Zoning Map to include the new zone. • Parks, Recreation and Natural Areas Zone-While we support the general idea of a new zone, we recommend that this new zone be titled, "Parks, Recreation and Natural Areas(Open Space)"Zone. This way,the greenways/open space in Tigard stand alone as they should and it signifies the importance of these areas. For many years, I and other Tigard residents have suggested and asked city staff for this change in the wording in many documents. o The main page states "this project would result in a more efficient and nuanced approach than presently exists". It may be more efficient for development but it certainly IS NOT more efficient in the manner in which natural resources are protected and conserved. It treats parks and open spaces the same, when in reality they should not be treated the same but are quite different in what they contain, what their purpose is, what wildlife they support, what habitats they contain, etc. This needs to addressed in a separate, NEW section on Open Space/Natural Areas if there is to be a new Zone, and citizens such as myself need to be the ones determining how this will be developed. We have a number of recommendations that we are working on and we recommend a committee be developed with our group,Tualatin Riverkeepers and other natural resource stakeholders as the main members who would develop the new section, standards, etc. for Open Space/Natural Areas. Exhibit "C" • Removal of existin: develo.ment standards from Conditional Use Cha proposal a new chapter would be created with new approval ter etc. der D this oval NOT SUPPORT THIS PROPOSAL for a number of reasons. processes, criteria, etc. We DO o First, it would eliminate the ability of citizens who own these lands to adequately comment on and weigh in on what development could happen on these lands. If Tigard wants to take away our right to determine how these lands are protected, developed, etc. this is the way to do it and we won't stand for iti o Second, when reviewing the specific changes we see that under the new proposed "18.540.505 C. Develo•ment Permitted Outri:ht" develo.ment such as off- street trails and structures u• to 600 s. ft would be •ermitted outri:ht. This is simply NOT acceptable and we do NOT support this new code section since for one, trails can fragment wildlife habitat and have negative impacts to habitat and wildlife, especially in areas that may have State listed species such as Western Pond Turtles and Migratory Songbirds. With no public input here, we Western Pond Turtles and Migratroy Songbirds. Under this new scenario, citizens would have no voice in how, when and where these trails and other structures, etc. would be built and we would have no assurance that impacts would be minimized. Under the current Conditional Use Permit, impacts to natural resources have to be addressed and we support this since it includes public input and gives greater assurance that the city of Tigard has at least to some degree, analyzed how any potential development in a park or natural area may impact wetlands, vegetated corridors, forests, etc. • 18.540.060 Development Standards—These new proposed standards are so broad and general it is difficult to understand how they would affect natural resources and how they could be implemented. For example, "A and B"state no minimum lot size and width, for what?And where? There is also no maximum structure height under C;does that mean the city could build a 100 ft cell tower in a park?? "D and E" address setbacks but do not include setbacks from creeks, wetlands, steep slopes,sensitive wildlife habitat, etc. and they must. "E"gives a minimum setback of 50 ft from residential zones, so does this mean a bathroom and concession stand could be built right next to wildlife habitat or a wetland edge? Or where turtles nest????? Again, without the ability of the public to adequately comment and address these issues and standards on OUR land, it impossible for us to be informed and have a say on how our lands are protected, developed (or not), etc. and the city is actually DENYING citizens their RIGHT to engage in and participate in a fair and impartial hearing as would be the case if the Conditional Use Permit standards, etc. under Chapter 18.330 were not amended. We DO NOT support the suggested changes to the Chapter 18.330 as they currently are written. Exhibit "C" • "Low-impacts, etc. -The city's website and main page to this project state that this new zone "streamlines approval of low-impact and minor park improvements,such as playgrounds and small picnic shelters." So here the big question is—WHO DETERMINED THAT THESE DEVELOPMENTS ARE LOW-IMPACT????? That is for citizens to decide since we OWN these lands in question and we have the right to determine if and when any changes will be made to these areas, regardless of what that change may be. Playgrounds and picnic shelters can have a huge, negative impact to wildlife and habitat if they are not sited correctly and away from wildlife and habitats. Trails are never"low-impact"if they are placed in an open space/natural area or near a natural area since they increase the amount of human disturbance to an area, bring in dogs,fragment existing wildlife habitat,etc. • Comprehensive Plan — I was on the committee that revised the Parks, Recreation and Open Space section of our Comprehensive Plan (CP)which had high citizen support and resulted in the following language; Policy 6—The City shall acquire and manage some open spaces to solely provide protection of natural resources....",and Policy 17—'The city shall maintain and manage its parks and open space resources in ways that preserve, protect and restore Tigard's natural resources, including rare, or state and federal listed species.....". These two policies had wide citizen support and were adopted by the city. We do not believe that the proposed code amendment would carry out these policies but rather would go against these policies by creating potential harm to our natural resources through development of trails, structures, etc. in areas not suitable for such development, especially in areas where listed or rare species such as Turtles occur. Without full citizen oversight, including the ability to comment and have input on any type of development,the CP and these policies will not be implemented. This rewriting of the CP by citizens is an example of how important and serious citizens of Tigard take the protection and conservation of our natural resources for both current and future generations. And this directly relates to the subject we are discussing here, mainly what to allow or not allow for development in our parks and open spaces, and who gets to decided what to allow or not allow? Natural Resources Section of CP—I was also on the committee to rewrite this section of the CP. Policy 4 of this section states that"The city shall actively coordinate and consult with landowners, local stakeholders, and government jurisdictions and agencies regarding the inventory,protection and restoration of natural resources". The proposed amendment changes would circumvent the purpose of this policy by not allowing citizens to "actively"participate in how natural resources are protected when development in parks and open spaces is proposed. It is crucial that citizens retain this right to protect and preserve our natural resources for us and future generations. Exhibit "C" In conclusion,we would support the following: • Establish a new Parks, Recreation and Open Space/Natural Areas Zone but only if the following occurs: • Establish a natural resources committee made up of local natural resource stakeholders including Fans of Fanno Creek,that would develop a "Natural Resource" section of this new zone and what is allowed or not allowed in parks and natural areas (if parks have natural areas in them). • All developments would be subject to public comment/oversight via the current Conditional Use Permit process. Doing the above would help to ensure citizens are not denied their right to have a voice in what occurs on public lands, including what types of development, not matter what it is, is done correctly and in such a manner that it does not harm wildlife or habitats, but rather is done in such a manner to protect and conserve our remaining natural resources. Thank you for your consideration in this matter. Sincerely, Sue Beilke Board member, Fans of Fanno Creek -ea C 4y- � Legislative Hearing l s/ `' /q Updated August 9, 2011 �Q,�-��, Statement by City Attorney—Legislative Hearing Procedures G .'Yr 5 Any person may offer relevant oral and/or written testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. City staff will summarize the written staff report and explain the proposed amendments. Then those in favor of the proposed amendments testify. Then those who oppose the amendments or who have questions or concerns testify. Council members may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken,the City staff can make a closing statement. After the record is closed,the City Council will deliberate. During deliberations,the City Council may re-open the public portion of the hearing if necessary to receive additional comments before making a decision. A copy of the rules of procedure for the hearing and copies of agendas for today's hearing are available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available at City Hall. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness,please just state that and add any additional points of your own. Demonstrations from the audience that prolong or interfere with the hearing are prohibited. Please refrain from them. Comments from the audience other than from a recognized speaker should not be offered and will not be part of the record. When you are called to testify,please come forward to the table. Please begin your testimony by giving your name,please spell your last name,and give your full mailing address including zip code. If you represent someone else,please say so. If you have any exhibits you want the City Council to consider, such as a copy of your testimony or other documents,at the close of your comments you must hand all new exhibits to the City Recorder. These exhibits will be marked as part of the record. The City staff will keep exhibits until appeal opportunities expire,and then you can ask for the return of your exhibits. 1:\ADM\CATHY\CCA\Legislative Information\City Attorney Legislative Script update August 9 2011.doc 50014-36799 City Atmr,,ev Legislative Script Updated August 9 2011.docW12/11/2012 ri yy r 51A,r-t , bt-E' d ►m�� "� I/a /aol4 1,1 ' City of Tigard i2 n di(i -a-00'1 1\10.-g T1C;ARD Memorandum To: Mayor John Cook& Tigard City Council From: John Floyd, Associate Planner Re: Parks Zone Project (DCA2013-00003) Date: January 28, 2014 On January 28, 2014 a comment letter was received from Sue Bielke, a board member of Fans of Fanno Creek. Her comments are attached for your review. In sum, the letter expresses concern for the possible impacts to wildlife as a result of the proposed code amendments, and requests the proposed chapter be renamed and refocused to explicitly include natural resource protection. As discussed in the record, the Planning Commission recommendation does not amend, remove, or supersede Tigard's existing natural resource regulations. All existing protections will remain applicable to future development within the Parks and Recreation Zone. The letter also references two Comprehensive Plan policies pertaining to Parks, Recreation, and Open Space. As discussed below, staff does not find anything in the proposed amendments that is in conflict with these two policies. > Policy 8.1.6 — "The City shall acquire and manage some open spaces to solely provide protection of natural resources and other open spaces to additionally provide nature- oriented outdoor recreation and trail-related activities." Staff Response: This policy pertains to overall programming and master planning for the Tigard parks system as a whole. The proposal before Council pertains to site level development, and does not preclude or inhibit implementation of this policy. This policy is met. > Policy 8.1.17 — "The City shall maintain and manage its parks and open space resources in ways that preserve, protect, and restore Tigard's natural resources, including rare, or state and federally listed species, and provide "Nature in the City" opportunities. 1 of 2 Staff Response: The proposed amendments pertain to how development may occur, but is not prescriptive in how individual parks are managed for natural resources. Moreover, all existing natural resource protections required by local, regional, state and federal regulations will remain unaffected. This policy is met. 2 of 2 John Floyd From: Sue Beilke <sbeilke @europa.com> Sent: Tuesday, January 28, 2014 11:14 AM To: John Floyd Cc: Glenna Thompson; drescher @teleport.com; Linda Anzellotti; Ralph Anzellotti Subject: New zone for Parks, Recreation and Open space Attachments: 1.28.14.pdf John, Attached are comments from the Fans of Fanno Creek on the city's proposed new zone for parks and recreation. As we have commented previously, Fans and its members would like to see "Natural Areas" added to this zone as we have many natural areas we want FULLY protected and DO NOT want to see developed, in order to protect fish, wildlife and habitats. We were extremely disappointed to find out the city has been working on this for almost one year, and never at any time did you or anyone else contact us to get our input and feedback on this important matter. That is not how a democracy should work. And if this continues we will have to conclude we do not live in a democratic and fair city, rather, we live in a city that shuts out its citizens and does not want our input on land that WE OWN. Many of us have lived here now for over 20 years and we have seen a gradual yet continuing effort by city hall to shut us out of the process of planning, etc. That is very bad for the welfare of citizens and the city overall and cannot continue. Sue Board member, Fans of Fanno Creek January 28, 2014 Tigard City Council 13125 SW Hall Blvd.,Tigard, Oregon 97223 RE: Development Code Amendment(DCA) 2013-00003 As a board member for Fans of Fanno Creek, I am writing about the proposed changes to the above referenced development code. Fans is a local non-profit organization that advocates for the protection and conservation of our natural resources in the Fanno Creek basin. We have hundreds of members in the basin including in Tigard, who work hard to protect and conserve our fish,wildlife and habitats by helping with our restoration efforts but also by simply being good stewards of the land they live on. Our comments are as follows: Regarding the proposed legislative amendments to the Tigard Development Code and Zoning Map to amend Chapter 18.330(Conditional Use) and adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone)and amend the Zoning Map to include the new zone. • Parks, Recreation and Natural Areas Zone -While we support the general idea of a new zone,we recommend that this new zone be titled, "Parks, Recreation and Natural Areas (Open Space)" Zone. This way,the greenways/open space in Tigard stand alone as they should and it signifies the importance of these areas. It also should afford more protection for these areas. For many years, I and other Tigard residents have suggested and asked city staff for this change in the wording in many documents. o The main page states "this project would result in a more efficient and nuanced approach than presently exists". It may be more efficient for development but it certainly IS NOT more efficient in the manner in which natural resources are protected and conserved. It treats parks and open spaces the same, when in reality they should not be treated the same but are quite different in what they contain, what their purpose is, what wildlife they support, what habitats they contain, etc. This needs to addressed in a separate, NEW section on Open Space/Natural Areas if there is to be a new Zone, and citizens such as myself need to be the ones determining how this will be developed. We have a number of recommendations that we are working on and we recommend a committee be developed with our group,Tualatin Riverkeepers and other natural resource stakeholders as the main members who would develop the new section, standards, etc. for Open Space/Natural Areas. • Removal of existing development standards from Conditional Use Chapter—Under this proposal a new chapter would be created with new approval processes, criteria, etc. We DO NOT SUPPORT THIS PROPOSAL for a number of reasons. o First, it would eliminate the ability of citizens who own these lands to adequately comment on and weigh in on what development could happen on these lands. If Tigard wants to take away our right to determine how these lands are protected, developed, etc. this is the way to do it and we won't stand for it! o Second, when reviewing the specific changes we see that under the new proposed "18.540.505 C. Development Permitted Outright",development such as off- street trails and structures up to 600 sq ft would be permitted outright. This is simply NOT acceptable and we do NOT support this new code section since for one, trails can fragment wildlife habitat and have negative impacts to habitat and wildlife, especially in areas that may have State listed species such as Western Pond Turtles and Migratory Songbirds. With no public input here, we Western Pond Turtles and Migratroy Songbirds. Under this new scenario, citizens would have no voice in how, when and where these trails and other structures, etc. would be built and we would have no assurance that impacts would be minimized. Under the current Conditional Use Permit, impacts to natural resources have to be addressed and we support this since it includes public input and gives greater assurance that the city of Tigard has at least to some degree, analyzed how any potential development in a park or natural area may impact wetlands, vegetated corridors, forests, etc. • 18.540.060 Development Standards—These new proposed standards are so broad and general it is difficult to understand how they would affect natural resources and how they could be implemented. For example, "A and B" state no minimum lot size and width, for what?And where? There is also no maximum structure height under C; does that mean the city could build a 100 ft cell tower in a park?? "D and E" address setbacks but do not include setbacks from creeks, wetlands, steep slopes, sensitive wildlife habitat, etc. and they must. "E"gives a minimum setback of 50 ft from residential zones,so does this mean a bathroom and concession stand could be built right next to wildlife habitat or a wetland edge? Or where turtles nest????? Again,without the ability of the public to adequately comment and address these issues and standards on OUR land, it impossible for us to be informed and have a say on how our lands are protected, developed (or not), etc. and the city is actually DENYING citizens their RIGHT to engage in and participate in a fair and impartial hearing as would be the case if the Conditional Use Permit standards,etc. under Chapter 18.330 were not amended. We DO NOT support the suggested changes to the Chapter 18.330 as they currently are written. • "Low-impacts, etc. -The city's website and main page to this project state that this new zone "streamlines approval of low-impact and minor park improvements,such as playgrounds and small picnic shelters." So here the big question is—WHO DETERMINED THAT THESE DEVELOPMENTS ARE LOW-IMPACT77"7? That is for citizens to decide since we OWN these lands in question and we have the right to determine if and when any changes will be made to these areas, regardless of what that change may be. Playgrounds and picnic shelters can have a huge, negative impact to wildlife and habitat if they are not sited correctly and away from wildlife and habitats. Trails are never"low-impact"if they are placed in an open space/natural area or near a natural area since they increase the amount of human disturbance to an area, bring in dogs,fragment existing wildlife habitat,etc. In fact, when the Tigard was planning the Fanno Creek Trail north of the library,the city of Tigard admitted in their comments to the Hearings Officer that this trail would negatively impact wildlife, including the western pond turtles that inhabitat that area. Allowing trails without public comment should not be approved under ANY circumstances. • Comprehensive Plan — I was on the committee that revised the Parks, Recreation and Open Space section of our Comprehensive Plan (CP) which had high citizen support and resulted in the following language; Policy 6—The City shall acquire and manage some open spaces to solely provide protection of natural resources....",and Policy 17—"The city shall maintain and manage its parks and open space resources in ways that preserve, protect and restore Tigard's natural resources, including rare, or state and federal listed species ". These two policies had wide citizen support and were adopted by the city. We do not believe that the proposed code amendment would carry out these policies but rather would go against these policies by creating potential harm to our natural resources through development of trails, structures, etc. in areas not suitable for such development, especially in areas where listed or rare species such as Turtles occur. Without full citizen oversight, including the ability to comment and have input on any type of development,the CP and these policies will not be implemented. This rewriting of the CP by citizens is an example of how important and serious citizens of Tigard take the protection and conservation of our natural resources for both current and future generations. And this directly relates to the subject we are discussing here, mainly what to allow or not allow for development in our parks and open spaces, and who gets to decided what to allow or not allow? That should be up to the citizens that own this public land. Natural Resources Section of CP—I was also on the committee to rewrite this section of the CP. Policy 4 of this section states that "The city shall actively coordinate and consult with landowners, local stakeholders, and government jurisdictions and agencies regarding the inventory, protection and restoration of natural resources". The proposed amendment changes would circumvent the purpose of this policy by not allowing citizens to "actively" participate in how natural resources are protected when development in parks and open spaces is proposed. It is crucial that citizens retain this right to protect and preserve our natural resources for us and future generations. In conclusion, we would support the following: • Establish a new zone and call it: Parks, Recreation and Natural Areas Zone, but only if the following occurs: • Establish a natural resources committee made up of local natural resource stakeholders including Fans of Fanno Creek,that would develop a "Natural Resource"section of this new zone and what is allowed or not allowed in parks and natural areas(if parks have natural areas in them). • All developments would be subject to public comment/oversight via the current Conditional Use Permit process. Doing the above would help to ensure citizens are not denied their right to have a voice in what occurs on public lands, including what types of development, not matter what it is, is done correctly and in such a manner that it does not harm wildlife or habitats, but rather is done in such a manner to protect and conserve our remaining natural resources. Thank you for your consideration in this matter. Sincerely, Sue Beilke Board member, Fans of Fanno Creek 5e t)- I uncil Nlpwsle�}�,� II I C5`r' 6.3/at) U I City of Tigard '/ /€ , i ,G n}t D Memorandum 5 To: Mayor John Cook& Tigard City Council From: John Floyd, Associate Planner Re: Parks Zone Project (DCA2013-00003) Date: January 23, 2014 Council is scheduled to consider the Parks Zone Project on January 28 as part of the business meeting agenda. Attached is a revised zoning map that differs from the map included in the January 28 agenda packet. The changes in the map reflect the addition of four additional parcels for rezoning into the new Parks Zone, and total approximately 5.43 acres. All four parcels are recent acquisition by the City for future use as parkland or greenspace, and were accidentally omitted from the Planning Commission recommendation of November 18. Staff recommends Council adopt the revised map at the scheduled public hearing on January 28, in lieu of the map provided in the agenda packet. Staff will also discuss the changes in greater detail at that time. AGENDA ITEM No. 5 Date: January 28, 2014 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - DCA 2013-00003 Due to Time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No .5 Date: January 28, 2014 PLEASE PRINT Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 6 to n n t -Thaw rP4- t-3 Ski N 2- aezi at 722 4,6Sz Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. . 4 City of Tigard, Oregon lui Affidavit of Posting l TIGARD In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) � I, DOA n� /A c v! ,being first duly sworn (or affirmed),by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) l II" — G. y ,which were adopted at the City Council meeting of 4 l?4 1 (O 11C., "26%7ith a copy(s) of said Ordinance(s) being hereto attached an y reference made a part hereof, on the day of I(.t..h u 1 , 20 / (/ . 1. Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon // t . Signature of Person who Performed Posting 5(5-1L.\ Subscribed and sworn (or affirmed) before me this day of j 0 itit , 201 . CI ( 2-1/11P-A4A'LS o,, 1/Qo'f el _ t_91���., OFFICIAL SEAL lgnature of Notary Public for 0 e:on CATHERINE D WHEATLEY NOTARY PUBLIC - OREGON ,, COMMISSION NO.459116 MY COMMISSION EXPIRES AUGUST 04,2015 I:tadm\cathy\fomu{post ordinance 2006.doc CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 14- 03 AN ORDINANCE AMENDING CHAPTER 18.330 (CONDITIONAL USE) AND CREATING CHAPTER 18.540 FOR THE PURPOSE OF ESTABLISHING A NEW BASE ZONE TO BE KNOWN AS THE PARKS AND RECREATION ZONE,AND ASSOCIATED ZONING MAP AMENDMENTS TO CHANGE APPROXIMATELY 500 ACRES OF CITY OWNED LAND FROM EXISTING RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL ZONING DESIGNATIONS TO THE NEW PARKS AND RECREATION ZONE (DCA2013-00003). WHEREAS, the city initiated application for the proposed code amendment to amend the text of Development Code Chapter 18.530 (Conditional Use) and Create Chapter 18.540 (Parks and Recreation Zone) to establish a new base zone;and WHEREAS, the city has also initiated changes to the Zoning Map to apply the new Parks and Recreation Zone to approximately 500 acres of city-owned land;and WHEREAS,the purpose of the new base zone is to preserve and enhance publicly owned open space and natural and improved parkland within the city;and WHEREAS,notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.390.060.D; and WHEREAS, the Tigard Planning Commission held a public hearing on November 18, 2013 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended by staff and Planning Commission;and WHEREAS, the Tigard City Council held a public hearing on January 28, 2013, to consider the proposed amendment; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 14-03 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SECTION 2: The specific zoning map amendment attached as"EXHIBIT B" to this Ordinance is hereby approved and adopted by the City Council. SECTION 3: The findings in the March 11, 2013 Staff Report to the Planning Commission and the Minutes of the November 18, 2013 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By LI IQ01.\-T )U5 vote of all Council members present after being read by number and title only,this { S�'`day of ,2014. • Catherine Wheatley,City Record APPROVED: By Tigard City Council this __ day • . .. ed. ,2014. ) & ii ai' LaNd 1-lenc\arsnn, Approved as to for} : l r� Tc'e5L e VE Du c� _ i Attorne l - 2-014 Datc ORDINANCE No. 14- 0 3 Page 2 L-xhLLi_f A CITY OF TIGARD PARKS ZONE PROJECT (DCA2013-00003) PLANNING COMMISSION RECOMMENDATION OF NOVEMBER 18, 2013 AS AMENDED BY TIGARD CITY COUNCIL ON JANUARY 28, 2014 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd,Tigard, OR 97223 503-718-2429 / johnfl @tigard-or.gov Staff Commentary This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter(18.540) as set forth below. Proposed changes are indicated by the use of strikethrettglts to indicate language to be removed. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATIONASAMENDED BY COUNCIL 2 Proposed Text Amendments CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose [No change proposed) 18.330.020 Approval Process INo change proposed) 18.330.030 Approval Standards and Conditions of Approval /No change proposed l 18.330.040 Additional Submission Requirements [No change proposed] 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 5. Community Recreation and Parks: b. '' crc ,.__ _o o`f atrcct parking requirements, cxccpt that five automobile parking apacca are - - - - - - - - - - • - - - .:: . ... : - . - . - - - -- - -- -- - - - - -- a d di ti o n a l-parking. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 3 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments included on the opposite page include the purpose of the zone,its short name for use on the zoning map,and where the zone is applied. Language proposed in 18.540.030 (Where the Zone is Applied) reflects the intended purpose of the zone,namely acknowledgement that the land is in public ownership and intended for development of parks and other community recreation facilities,and is not intended as a general open space zone to be applied to public and private property. As proposed, the zone is not intended or allowed on privately owned property. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 4 Proposed Text Amendments CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18.540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including: A. Providing opportunities for both active and passive recreational facilities to meet neighborhood, community and regional needs; B. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity.improve public health, and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics.program needs,and external regulatory requirements;and G. Allowing for the efficient implementation of plans and improvements to parks.recreational facilities and open areas with appropriate reviews where compatibility issues may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks. open space, and recreational facilities and may be applied within all Comprehensive Plan Designations. City owned parks,open space,and recreational facilities located in a plan district may retain or receive other than a Parks&Recreation Zone designation if it better furthers the goals of the plan district. In addition,other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. TTGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 5 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.010. T7GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDAT7ONAS AMENDED BY COUNCIL 6 Proposed Text Amendments 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,inventoried hazards,and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title. 18.540.050 Use Regulations A. Types of uses. For the purposes of this chapter, there are three types of use: 1. A permitted (P) use is a use which is permitted outright,but subject to all of the applicable provisions of this title. 2. A conditional use (C) is a use the approval of which is at the discretion of the hearings officer. The approval process and criteria are set forth in Chapter 18.330 (Conditional Use). 3. A prohibited (N) use is one that is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted,conditional and prohibited uses in the Parks & Recreation Zone is presented in Table 18.540.1. TABLE 18.540.1 USE TABLE: PARKS& RECREATION ZONE Land Use Category Use Tyne RESIDENTIAL Household Living N Group Living N Transitional Housing N Home Occupation N CIVIC Basic Utilities Colleges N Community Recreation P/C' Cultural Institutions Day Care N Emergency Services N Medical Centers N Postal Service N Religious Institutions N Schools CZ'' Social/Fraternal Clubs/Lodges N TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 7 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone, and is consistent with the stated purpose set forth in sections 18.540.010. While the zone is intended primarily for community recreation land uses, outdoor sales and eating and drinking establishments are proposed as conditional land uses with restrictions,in order to allow limited concessions within a city park. This would include things like food and beverages and recreational equipment rentals. On January 28, 2014 the Tigard City Council moved to include Outdoor Entertainment as a conditional use within the new zone. This was done to not preclude programming and vendor opportunities within city parkland through a process that ensured opportunities for public comment. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 8 Proposed Text Amendments COMMERCIAL Commercial Lodging N Custom Arts and Crafts N Eating and Drinking Establishments C' Major Event Entertainment Outdoor Entertainment Indoor Entertainment N Adult Entertainment N Sales-Oriented C3 Personal Services N Rye air-Oriented N Bulk Sales N Outdoor Sales C3 Animal-Related N Motor Vehicle Sales/Rental N Motor Vehicle Servicing/Repair N Vehicle Fuel Sales N Office C3 Self-Service Storage N Non-Accessory Parking N INDUSTRIAL Industrial Services N ht Industrial N General Industrial N Heavy Industrial N Railroad Yards N Research and Development N Warehouse/Freight Movement N Waste-Related N Wholesale Sales N OTHER Agriculture / Horticulture P C' Cemeteries N Detention Facilities N Heliports N Mining N Wireless Communication Facilities P C4 Rail Lines / Utility Corridors P=Permitted C=Conditional Use N=Not Permitted T7GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATIONAS AMENDED BY COUNCIL 9 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The text amendments on this page constitute one of the biggest changes from existing regulations. In contrast to present regulations where community recreation is a conditional use in almost all zones, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities" and by themselves do not have a high likelihood of creating off-site impacts. The size threshold for small structures (600 square feet) was chosen as it is approximately the same size limit as that applied to accessory structures on residentially zoned lots (528 square feet). These structures would be required to adhere to stricter setbacks than residential accessory structures, when adjoining a residentially zoned lot (see proposed development standards in 18.540.060 below). According to the Parks Department, most small structures are under 500 square feet in size. The code proposes 600 square feet to provide flexibility in future park programming. A picnic area designed to accommodate groups of less than 25 would be defined as open area with either a hard or soft surface pad that accommodates up to two or maybe three picnic tables — depending on size. T7GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 10 Proposed Text Amendments [1] See Subsection 18.540.050.0-D for use type determination. [2] Restricted to activities and facilities focused on environmental education. [3] Permitted only when accessory to a Community Recreation land use. [4] See Chapter 18.798,Wireless Communication Facilities. C. Development Permitted Outright. When associated with a Community Recreation land use.the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply. 1. Park furnishings such as play equipment,picnic tables,benches,bicycle racks,public art, trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street.multi-use trails. 4. Structures up to 600 square feet in size,and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields,courts,arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5.000 square feet in size. 8. Routine maintenance or replacement of existing facilities. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 11 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments on the opposite page establish development types subject to Conditional Use Permit review. These types can be generally described as more "active recreational facilities" which are likely to generate off-site impacts and require additional review on a site-by-site basis. In response to a comment letter from the Bonneville Power Administration, development within a high voltage transmission line right-of-way has been made a conditional use to ensure they are notified of the proposed development and have an opportunity to comment. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDA77ONAS AMENDED BY COUNCIL 12 Proposed Text Amendments D. Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval,as set forth in Chapter 18.330 Conditional uses. 1. Pools and aquatic centers,both indoor and outdoor. 2. Community and Senior Centers providing a focus for recreational, social,education and cultural activities. These may include gymnasiums.indoor tracks and fitness areas,meeting rooms, office and kitchen space and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5. Off-street parking areas. 6. Recreational fields.courts,arenas and associated structures for organized sports and competitions. 7. Stages and Amphitheaters. 8. Dog parks. 9. Community gardens in excess 5.000 square feet. 10. Structures in excess of 600 square feet, and/or more than 15 feet high. 11. Outdoor amplified sound systems. 12. Illuminated athletic fields,courts, and other outdoor recreational facilities intended to be used after sunset. 13. Camping.unless associated with an approved temporary or seasonal event as set forth in 18.785 Temporary Uses. 14. Golf courses.including club houses and driving ranges. 15. Development within a high voltage transmission line right of way. T7GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 13 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The proposed text amendments on this page establish new development standards for the Parks and Recreation Zone. At present,development within parks is subject to a uniform 30 foot setback for all structures,and a variety of base zone regulations for things like lot size,width, coverage, height limits,and so forth. The new standards are intended to provide greater flexibility in park programming, while providing enhanced setbacks for certain development types adjacent to residential zones. For example,small shelters may be built closer to adjoining residential development than currently permitted,while bathrooms and illuminated playgrounds must adhere to stricter setbacks than currently required. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 14 Proposed Text Amendments 18.540.060 Development Standards Development within the zone must comply with the following development standards,except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None. C. Maximum Structure Height. None,except structures within 100'of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None,except where abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks,basketball courts, soccer fields, and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use,the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330. F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones.Where a bathroom or concession stand abuts a school use on a residentially zoned property,the setback is reduced to zero. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATTONAS AMENDED BY COUNCIL 15 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Parking requirements for dog parks were transferred unchanged from existing CUP approval criteria,with the exception of dog parks less than 1/2 acre in size. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 16 Proposed Text Amendments G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking&Loading Requirements) with the following exceptions: 1. Minimum parking requirements shall only apply to conditional uses in this zone. Outright permitted uses are exempt from minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces,and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one-acre shall provide a minimum of three off-street parking spaces.and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one-half acre are exempt from minimum parking requirements. H. Signs. Signs in the Parks &Recreation Zone shall comply with the regulations applicable to non-residential land uses in residential zones,as set forth in Subsections 18.780.130.A and B of this Title. I. Lights &Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition,glare sources shall be hooded, shielded,or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles,as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties. 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P DATA SOURCES: // Industrial Park ,��•r,e.;z. �� City of Tigard �/ �- ,: r '-1 l Heavy Industrial r��.� ► PO'.iLANO Metro t -2 R.4.5 S 1t*,��gy Imma Washington County __• F i ' �f®l.�i�� ' • -..a '� Washington Counts Zoning A■I�jts ;0 i 1 a l 1 Washington rIP/ �, ... � ;I �'_� (�iii _. - A.I MILWAiIK;E+ 'GA{t� PS •� .0 ..- TIGARD 1/• T Mrl :.A i t 1 tl, nan t o 1T t '. - -'- LAKE OSWEG.O ' = 1' x�' City o1 Tigard t ,. m, .L�...,�.`1.. - - - ) a - _—i. TUA•LATINt 1' g 1a ' �' 131? $auihwest hall Boulevard T 1 �! 1• ., Scale Tryard, Oregon 37227 _ 4,T:,.,; 1 t '� ��Miles sox . 539 . snr , O ww•r.ogard•or goy : .. ° rF .- .� , - 0.25 0.5 ,>• CITY OF TIGARD PLANNING COMMISSION DRAFT Meeting Minutes November 18,2013 CALL TO ORDER President Anderson called the meeting to order at 7:03 p.m.The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. ROLL CALL Present: President Anderson Commissioner Doherty Commissioner Fitzgerald Commissioner Muldoon Vice President Rogers Commissioner Schmidt Absent: Commissioner Feeney; Commissioner Gaschke; Commissioner Shavey Staff Present: Tom McGuire,Assistant Community Development Director;John Floyd, Associate Planner;Chris Wiley, Sr. Admin.;Doreen Laughlin,Executive Assistant;Steve Martin,Parks &Streets Manager PLANNING COMMISSIONER COMMUNICATIONS Commissioner Fitzgerald stated that she'd attended two Tigard Triangle CAC meetings and gave a brief report on those meetings. CONSIDER MINUTES October 21 Meeting Minutes: President Anderson asked if there were any additions,deletions, or corrections to the October 21 minutes; there being none,Anderson declared the minutes approved as submitted. PUBLIC HEARING—President Anderson opened the public hearing. PUBLIC HEARING: DCA2013-00003 PARKS ZONE Associate Planner John Floyd introduced himself and distributed copies of additional testimony that he'd received. (Exhibit A). He said this is a text and map amendment that would amend Chapter 18.330 which pertains to conditional uses. It would remove existing regulations for community recreation land uses out of this chapter and migrate them towards a new chapter labeled 18.540,which is the new parks and recreation zone. This would essentially create a fourth base zone type. Presently,the city only has residential, commercial,industrial zoning districts;this would add a fourth type which would be "Parks & Recreation." The map amendment would affect a little over 500 acres of land,which is about 7%of the city land mass and about 90%of that is zoned residential. John went over a Power Point presentation (Exhibit B). He noted that this project: Page 1of4 I Does no propose specific changes to existing parks, or create a new park. This is a rules and procedures change—it's not a proposal for a specific change to a specific park. 1 Does no rezone private property. As proposed,new zone may only be applied to publicly owned land (18.540.030). This is not a case of the city trying to preemptively zone property. / Does not change, remove,or supersede any existing sensitive lands regulations (18.540.040). So why change the existing code? The code lacks a dedicated zone for parks or other public uses. The existing code makes Community Recreation Land Uses a conditional land use in almost all zones. Development standards are minimal and inflexible— • 30' setback for all structures,regardless of their purpose • Does not address non-structural improvements (ballfields,etc) Results in a lengthy&expensive process • Permit fees • Consultants • Staff time • Street dedications and improvements • Delayed project implementation For one recent small project to install a play area and trailhead,the cost of the land use permit is going to exceed the cost of physical improvements. What would be the biggest change from the existing code? In contrast to present regulations, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review,provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities" and by themselves do not have a high likelihood of creating off-site impacts. What do others have to say? Citizen Inquiries: • Mostly Informational • More enforcement of leash rules • What are the future plans for the park/open space by my house? • Just hurry up and build them • Loss of privacy and security • Confusion regarding overlapping notices for Senn Park (Dec 9) and Dirksen Nature Park (Recent) Three Substantive Comments: • Limit size of projects listed as "by-right" and exempted from land use review • Increased protection of environmental resources (i.e. habitat,wetlands, etc) • ODFW recommended we create subzones and regulate improved land, open space, and natural areas differentially The latter two are outside the scope of this project. Page 2of4 STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments and map amendments with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. QUESTIONS OF STAFF Was this vetted through the Parks and Recreation Board?Yes. We worked closely with Steve Martin and Brian Rager. Mr. Martin is here tonight if you have any questions. And,currently there is no separate zoning for parks? There is not. No. TESTIMONY IN FAVOR- Steve Martin, Parks & Streets Manager for the City of Tigard—testified they are in favor of the new zone because it would streamline things. He explained that they don't skip any environmental processes. TESTIMONY IN OPPOSITION—Sue Bielke 11755 SW 114th Place,Tigard spoke on behalf of the "Friends of Fanno Creek" group. She gave her testimony and provided a transcript of her testimony (Exhibit C). Ron Shaw, 13515 Essex Drive,Tigard said his property is backed by a green belt and that he and his neighbors assumed that the green space would remain a green space and not a public park. His concern is that he was not specifically notified and that the process will be further simplified in the future. President Anderson added that Mr. Shaw's written statement is in the commissioner's packets and that would be considered as well. Glenna Thompson,13676 SW Hall Blvd Unit 2 Tigard said she had submitted an email to John Floyd and stated that the commissioners have a copy of it regarding her thoughts on the proposal. She said her biggest concern is a "one size fits all" concept that seems to be going on. Jerrod Buckmaster, 14802 SW 918 Ave.,Tigard —said he lives in the "Mallard Lakes" area where there are two ponds which are owned by the neighborhood. He said there are geese, ducks, blue herring,turtles, and other wildlife in that area. The city owns the greenway area. His and his neighbors that also back to the greenspace are concerned that the wildlife may be impacted.John Floyd stated that this area is under"sensitive lands" and that the lands owned by Mr. Buckmaster's neighborhood association would not be affected by this project. David Driscoll,13469 SW Essex Drive,Tigard said this is the first time he's ever attended a Planning Commission meeting and the first time he'd heard John Floyd. His concern is what will happen at the bottom of the ravine behind Essex Drive.John said because the fact that there's already a trail back there,he's not sure there's much more in the works for that area but that he believes Mr. Martin could answer that more specifically. He added that any development on slopes more than 25%has to go through Sensitive Lands Review and there are different levels of that. There is oversight for development in those types of steep areas. A question came up as to fencing regulations.John answered that there are regulations for things like fences in floodplain areas and that staff could get back to the commission on that if they would like more specific information. Page 3 of 4 PUBLIC HEARING - CLOSED DELIBERATIONS Commissioner Doherty believes the City of Tigard is responding to the citizens' interest in more parks. She appreciates the work with having a parks designation because she believes it will help move the park system forward without having to spend lots of money on consultants and that type of thing. Commission Fitzgerald believes the permitted outright items aren't precluding public input because that's actually handled from the Parks Dept. She's particularly familiar with what's happening with the park in her own neighborhood. She realizes this would help parks to be designated sooner. She understands concerns by Fanno Creek and Fish and Wildlife,but she believes those concerns are addressed by the processes the Parks Dept goes through to activate the public hearing. MOTION Vice President Rogers made the following motion - seconded by Commissioner Doherty: "I move for approval of application Park Zone DCA2013-00003 and adoption of the findings and conditions of approval contained in the staff report and/or based on the testimony received." A vote was taken and the motion passed unanimously. John Floyd added that, for those interested, the date this item goes to City Council has not yet been determined but that all who have submitted comments will receive a notice detailing the time and date. OTHER BUSINESS—Tom McGuire,Assistant Community Development Director,went over upcoming meetings. CALL FOR FUTURE AGENDA ITEMS —None. ADJOURNMENT President Anderson adjourned the meeting at 8:45 p.m. Doreen Laughlin,Planning Commission Secretary A'T'TEST: President Tom Anderson Page 4 of 4 Agenda Item: #5 Hearing Date: November 18.2013 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION i • FOR THE CITY OF TIGARD, OREGON -1 Ci A R1) SECTION I, APPLICATION SUMMARY CASE NAME: PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT CASE NO.: Development Code Amendment(DCA) DCA2013-00003 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish use regulation and development standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. The proposed text and map amendments for the Planning Commission's review are included in Attachments 1 and, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Chapters 18.330& 18.540: Citywide LOCATION: Citywide and properties identified in the Attached Maps. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2, 8, 9, and 10; and Community Development Code Chapters 18.380 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1) and map amendments (Attachments 2 and 3); with any alterations as determined through the public hearing process,and make a final recommendation to the Tigard City Council. '1'1GARD PARKS ZONE PROJI:CI'DI?VI I.OPMENT CODE AMENDMENT DC.‘2013-00003 11/18 2013 PUBLIC HEARING,ARING,ST.\I:1:RI?PORT"I'O TIIE I'1..1NNING COMMISSION PAGI'. I OF 9 SECTION III, BACKGROUND INFORMATION & PROJECT SUMMARY The purpose of the Parks Zone project is to update the city's land use regulations for public parks and recreational facilities. This update is necessary to address the inadequacies and inconsistencies of existing regulations, which can significantly increase permitting timetables and construction costs of both minor and major improvements to public parkland. These inadequacies are being amplified as the city attempts to implement its Parks System Master Plan. The city adopted its Park System Master Plan in 2009,which outlined the need to acquire park property and construct park improvements to preserve open spaces, enhance water quality and provide recreational opportunities. On November 2, 2010, Tigard voters passed a $17 million general obligation bond to fund the purchase of real property for parks and to fund a limited amount of park improvements within a set period of time. The vehicle for these administrative improvements would be the creation of a new parks zone and associated chapter within the Tigard Community Development Code (Chapter 18). Unlike other cities across Oregon,the City of Tigard lacks a dedicated zone for publicly owned and/or community recreation land uses. At present there is not a specific zone for parkland within the city, resulting in the city's parkland being subject to a patchwork of base zone regulations. Most of the city's zoning districts, including all residential districts, allow public parks as a conditional use. This process is appropriate for certain park improvements that can lead to neighborhood impacts, such as ballfields or event facilities. This same process can also be administratively burdensome and consuming for pocket parks and low-impact recreational improvements such as trails, small parking facilities, and restrooms. A new parks zone will allow the City to assign a more appropriate level of review based upon the potential impact to nearby residents and public facilities. To address these ongoing issues, City staff have developed draft development code amendments that would change how the city regulates publicly owned parkland.These amendments would result in a more efficient and nuanced approach than presently exist, providing greater flexibility to the city and enhanced protections to neighbors. As proposed, the new code language would result in the following: • Amend the Tigard Development Code and Tigard Zoning Map as follows: o Text Amendments to Chapter 18.330 (Conditional Use Permit) to remove existing development standards for Community Recreation and Parks type uses. o Text Amendments to create Chapter 18.540 (Parks and Recreation Zone) to establish the purpose of the new zone,where it applies,use regulations,and development standards. o Map amendments to apply the new Parks and Recreation Zone to approximately 500 acres of city owned parkland and greenways. • Would be applied only to publicly owned properly. Private property would not be rezoned to public parkland, nor is it allowed to be under the corresponding text amendments that establish where the zone may be applied. Would maintain all existing natural resource protections.A significant portion of the city's parkland and greenways contain steep slopes,wetlands, floodplain and other resources. No changes are proposed to sensitive lands inventories or regulations, and land use review will still occur when development is proposed within these areas. Would enable the City to more efficiently spend public tax revenue consistent with the Parks Master Plan and the Tigard Park Bond. Minor park improvements generally associated with "passive recreation" type uses with few off-site impacts would be exempt from land use review, provided they met all development standards and were not located in a sensitive lands area. Examples of these type of improvements include trails,playgrounds,and small structures less than 600 square feet in size. Would still require a public hearing for potentially high-impact park improvements that may present compatibility issues with the neighborhood,such as ballfield lights or parking lots. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00063 11/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 9 Would improve and expand upon existing development standards to ensure future park improvements are compatible with adjacent residential development. This includes new setback requirements, buffering standards, and lighting limitations that vary by the type and size of facility being developed. For example, playgrounds and picnic shelters would be regulated differently than aquatic centers and ballfields for organized sports. Update the code to better accommodate the types of park amenities desired by local residents. SECTION IV. APPLICABLE CRITERIA,FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Oregonian newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC, planning staff published a project website,mailed notice of the project to approximately 2,223 household residents, and posted notice of the project in all developed city parks. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10—Housing This goal seeks to provide for the housing needs of citizens of the state. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goal and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10.2 and associated Policies.This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. TIGARI)PARKS`GONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPORT'TO THE PLANNING COMMISSION PAGE 3 OF 9 APPLICABLE PROVISIONS OF THE METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN METRO planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the regional land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Urban Growth Management Functional Plan, only certain standards within Title 12 apply. TITLE 12: PROTECTION OF RESIDENTIAL NEIGHBORHOODS 3.07.1210 Purpose and Intent Existing neighborhoods are essential to the success of the 2040 Growth Concept.The intent of Title 12 of the Urban Growth Management Functional Plan is to protect the region's residential neighborhoods. The purpose of Title 12 is to help implement the policy of the Regional Framework Plan to protect existing residential neighborhoods from air and water pollution, noise and crime and to provide adequate levels of public services. 3.07.1240 Access to Parks and Schools A. Each city and county shall,within two years following adoption by the Metro Council of a process and criteria for such standards, establish a level of service standard for parks and greenspaces that calls for a park facility within a specified distance of all residences. B. To make parks and greenspaces more accessible to residents of Inner and Outer Neighborhoods and all residents of the region, each city and county shall provide for access to parks and greenspaces by walking,biking and transit,where transit is available or planned. C. To make parks and schools more accessible to neighborhood residents,to reduce traffic, and to use land more efficiently, cities, counties, park providers and school districts shall, where appropriate, provide for shared use of school facilities for park purposes and of park facilities for school purposes. D. To make public schools more accessible to neighborhood residents, cities, counties and school districts shall prioritize school sites that are near concentrations of population and are connected to those concentrations by safe and convenient walking, biking and, where transit is available or planned,transit facilities. FINDING: The proposed amendments would support implementation of the Metro Urban Growth Management Functional Plan by supporting access to parks and greenspaces. This support would result from the removal of the requirement for a conditional use permit for trails and other low-impact parkland improvements, and providing more flexible development standards. Allowing placement of the Parks and Recreation Zone in any Comprehensive Plan land use designation will ensure access to concentrations of population. Proposed location and development standards encourage shared or integrated school and park facilities through reduced setbacks and allowing placement of the zone on land owned by other public agencies. As a result the proposed amendments meet these criterion. CONCLUSION: Based on the findings above, staff finds that the proposed code text amendment is consistent with the Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because the Development Code Amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC:HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 01 9 FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Oregonian newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC,planning staff published a project website, mailed notice of the project to approximately 2,223 household residents, and posted notice of the project in all city parks. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text and map amendments were sent to affected agencies were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section VII of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is met. Policy 2.1.7: The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed Use; D. Industrial; E. Overlay districts where natural resource protections or special planning and regulatory tools are warranted; and F. Public Services FINDING: The proposed text and map amendments will implement the comprehensive plan by providing for a location, use regulations, and development standards for needed parkland and recreational facilities. This policy is satisfied. Policy 2.1.12: The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space; and E. Regulatory flexibility necessary for projects to adapt to site conditions. FINDING: The proposed text amendments will result in more robust land use standards for the development or improvement of parkland and greenspaces in a manner that is compatible with surrounding development and with sufficient flexibility to adapt to site conditions. This policy is satisfied. Policy 2.1.15: Policy 2.1.20: The City shall periodically review and, if necessary, update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to apphcable state law, administrative rules, and regional requirements. FINDING: The proposed amendments are in response to an increasing community need for more recreational TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPOR'1"1'O TI IL' PLANNING COMMISSION PAGE 5 OF 9 opportunities. The proposed use and development standards have been drafted to provide flexibility and adaptability to evolving recreational needs and varied site conditions.This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments will require all development within the Parks and Recreation Zone to conform to site design and development regulations, even when exempted from site development review or conditional use permit review. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments include use regulations and development standards to ensure compatibility between future development within the Parks and Recreation Zone and adjacent development and public facilities. This policy is met. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. FINDING: The proposed amendments include design standards that will protect community livability by promoting the development of community recreation within the City, and in a manner that is compatible with surrounding land uses and public facilities. This policy is met. Comprehensive Plan Goal 8: Parks,Recreation,Trails and Open Space Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents,including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. FINDING: The proposed amendments provide a designated zone,use regulations,and development standards to support both active recreation and nature-oriented parks. This policy is satisfied. Policy 8.1.2 The City shall preserve and,where appropriate, acquire and improve natural areas located within a half mile of every Tigard resident to provide passive recreational opportunities. Policy 8.1.4 The City shall endeavor to develop neighborhood parks [or neighborhood park facilities within other parks, such as a linear park] located within a half mile of every resident to provide access to active and passive recreation opportunities for residents of all ages. FINDING: The proposed amendments provide a designated zone for public parks and recreation land uses that can be applied in all parts of the city. The applicable use regulations and development standards provide for both active and passive recreation. These policies are satisfied. Policy 8.1.5 The City shall develop other parks, including linear parks, special use facilities, urban plazas, skate parks, and pet areas, consistent with the descriptions and standards contained in the park system master plan. FINDING: The proposed text amendments provide use regulations and standards that are consistent with the City's park system master plan. This policy is satisfied. Policy 8.1.11 The City shall ensure that the community at large is adequately informed of recreation opportunities and programs; issues affecting park, open space, and recreation services; and volunteer opportunities. FINDING: As detailed in findings pertaining to Statewide Planning Goal 1, and comprehensive Plan Goal 1 and its associated policies, the community at large has been adequately informed of the proposed text amendments. This policy is satisfied. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 9 Goal 8.2 Create a Citywide network of interconnected on-and off-road pedestrian and bicycle trails. Policy 8.2.1 The City shall create an interconnected regional and local system of on- and off-road trails and paths that link together neighborhoods, parks, open spaces, major urban activity centers, and regional recreational opportunities utilizing both public property and easements on private property. FINDING: The proposed amendments provide for more efficient development of off-street pedestrian and bicycle trails by removing the need for a conditional use permit. This policy is satisfied. Policy 8.2.2 The City shall design and build greenway trails and paths to minimize their impact on the environment,including on wildlife corridors and on rare, and state or federally listed species. FINDING: The proposed text amendments will still require all new development within the parks and recreation zone, including trails and paths, to comply with all other applicable requirements of the Tigard Development Code. Chapter 18.210 (General Administrative Provisions) requires all development within the City to be compliant with all applicable state and federal laws, including those pertaining to environmental regulation and protection. Chapter 18.775 (Sensitive Lands) will still require protection of specified environmental resources as part of any development within the parks and recreation zone. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. FINDING: Parks and recreational facilities are a recognized component of a prosperous and attractive city as they provide visual contrast and experiential relief from the built environment to residents, visitors and employees of the City. The proposed amendments will provide a location and standards for public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent uses. This goal is met. Policy 9.3.2 The City shall adopt land use regulations and standards to ensure a well-designed and attractive urban environment that supports/protects public and private sector investments. FINDING: Parks and recreational facilities are a recognized component of an attractive city as they provide visual contrast and experiential relief from the built environment. The proposed amendments will provide a location and standards for the development of public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent uses, both residential and commercial. This policy is met. Comprehensive Plan Goal 10: Housing Goal 10.2 Maintain a high level of residential livability. FINDING: Parks and recreational facilities can contribute to a. high level of residential livability, particularly when located near residential land uses. Whether designed for passive or active recreation,parks and grenways provide for visual contrast and experiential relief from the built environment. The proposed amendments will provide a location and standards for public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent residential land uses. This goal is met. Policy 10.2.1: The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. FINDING: The proposed amendments create a zone for the placement of parks, greenspaces and recreation facilities in all residential neighborhoods. The presence of parks, greenspaces, and recreation facilities within a residential neighborhood will enhance their quality by providing centers for activity and both visual and experiential relief from the built environment. Use regulations and development standards are included in the amendments to ensure development within the parks and recreation zone is compatible with adjacent residential land uses and public facilities. This policy is met. Policy 10.2.8: The city shall require measures to mitigate the adverse impacts from differing, or more TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,ST.hFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 9 intense,land uses on residential living environments,such as: A. Orderly transitions from one residential density to another; B. Protection of existing vegetation,natural resources and provision of open space areas;and C. Installation of landscaping and effective buffering and screening. FINDING: The proposed text amendments include use regulations and development standards to prevent or mitigate adverse impacts to adjacent uses. Development standards include setbacks, height restrictions, and off-site impact standards. All development within the Parks and Recreation zone will be subject to all other provisions of the Tigard Development Code, including landscaping and buffering standards (Chapter 18.745), Sensitive Lands (Chapter 18.775),and Urban Forestry (18.790). This policy is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed text and map amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is met. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5)Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed code text and map amendments are consistent with the applicable Statewide Planning Goals, the Metro Urban Growth Management Functional Plan,applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. No federal or state statutes or regulations were found to be applicable. SECTION V. STAFF ANALYSIS Proposed code amendments are organized by Development Code chapter number in each attachment. Even- numbered pages contain commentary on the amendments, which are contained on the opposite (following) odd-numbered page.The commentary establishes,in part,the legislative intent in adopting these amendments. SECTION VI. OTHER ALTERNATIVES No Action — The code would remain unchanged. Conditional Use Permit review would continue to be required for all new parks, and for major modifications to existing parks. Improvements proposed within the park would also be subject to a patchwork of base zone regulations, providing inconsistent protection for adjacent residential land uses. TIGARD PARKS ZONE PROJEC1'DEVELOPMENT CODE AMENDMENT DC,‘2013-00003 11/18/2013 PUBLIC I IEIRING,STAFF REPORT TO THE PLANNING COMMISSION PAGI 8 OF 9 SECTION VII. AGENCY COMMENTS City of Tigard Public, City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City,Washington County,METRO, ODOT, Oregon Department of Energy, DLCD, DEQ, ODFW, CWS, Portland Western and Southern Pacific Railroads, Beaverton School District,Tigard Tualatin School District,Tri-Met,Tigard Water District,Tualatin Hills Parks and Rec District,and TVF&R were notified of the proposed code text amendment but provided no comment. The Tigard Police Department was notified of the proposal and had no objections. The Bonneville Power Administration commented in a letter dated November 5, 2013 (Attachment 4). This letter states that the Bonneville Power Administration (BPA) has no objection to the proposal provided the high voltage transmission line rights-of-way and fee-corridor will not objection adversely affected. Moreover, it requested the coordination of land uses within these corridors and prior review by BPA of all "underground utilities, fences, planting trees, parking, pools, trees, and construction", and applications submitted for all development within BPA's right of way. In response to this comment, language has been added to the proposed amendments in Attachment 1 that will ensure coordination occurs. SECTION VIII. PUBLIC COMMENTS Comments were received from two members of the public in the form of two separate emails. The first was from Brian Wegener of the Tualatin Riverkeepers and dated October 31, 2013 (Attachment 5). In response to his comments, staff has included outdoor sales as a conditional use within the new zone, subject to restrictions. The remainder of the comments are already addressed in the sensitive lands chapter, or issues better addressed at the time of permit review. The second was from Allan Solares and dated November 6, 2013 (Attachment 6). In response to his letter staff has corrected internal inconsistencies in the code language and clarified language regarding outdoor sound systems, stages, and development standards when adjacent to a public school. No further changes are recommended by staff as these issues are already provided for in the draft language or are outside the scope of the project. ATTACHMENTS: Attachments: 1. Draft Text Amendments. 2. Draft Map Amendment 3. List of City-Owned properties affected by the amendments. 4. Letter from Department of Energy (November 5, 2013) 5. Email from Brian Wegener of Tualatin Riverkeepers (October 31,2013) 6. Email from Allan Solares (November 6, 2013) " November 12.2 1 � � 03 P jj'�'I D BY: ohn Floyd DATE Associate Planner November 12.2013 APPRO D Y: Tom Mc uire DATE Vg.' Assistant Community Development Director TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 9 Attachment"1" CITY OF TIGARD PARKS ZONE PROJECT PROPOSED DEVELOPMENT CODE AMENDMENTS DCA2013-00003 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd,Tigard, OR 97223 503-718-2429 / johntl@tigard-or.gov Staff Commentary This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter (18.540) as set forth below. Proposed changes are indicated by the use of etrikethreugks to indicate language to be removed. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 2 Proposed Text Amendments CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose 1No change proposed] 18.330.020 Approval Process No change pmposed.' 18.330.030 Approval Standards and Conditions of Approval (No change proposed._ 18.330.040 Additional Submission Requirements (No change proposed.! 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 5. Community Recreation and Parka: TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 3 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments included on the opposite page include the purpose of the zone,its short name for use on the zoning map,and where the zone is applied. Language proposed in 18.540.030 (Where the Zone is Applied) reflects the intended purpose of the zone,namely acknowledgement that the land is in public ownership and intended for development of parks and other community recreation facilities,and is not intended as a general open space zone to be applied to public and private property. As proposed,the zone is not intended or allowed on privately owned property. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 4 Proposed Text Amendments CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18.540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including: A. Providing opportunities for both active and passive recreational facilities to meet neighborhood, community and regional needs; B. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity.improve public health,and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics.program needs,and external regulatory requirements;and G. Allowing for the efficient implementation of plans and improvements to parks.recreational facilities and open areas with appropriate reviews where compatibility issues may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks.open space, and recreational facilities and may be applied within all Comprehensive Plan Designations. City owned parks.open space.and recreational facilities located in a plan district may retain or receive other than a Parks &Recreation Zone designation if it better furthers the goals of the plan district. In addition,other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 5 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone, and is consistent with the stated purpose set forth in sections 18.540.010. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAIT—November 12,2013 6 Proposed Text Amendments 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,inventoried hazards.and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title. 18.540.050 Use Regulations A. Types of uses. For the purposes of this chapter.there are three types of use: 1. A permitted (P) use is a use which is permitted outright,but subject to all of the applicable provisions of this title. 2. A conditional use (C)is a use the approval of which is at the discretion of the hearings officer.The approval process and criteria are set forth in Chapter 18.330 (Conditional Use). 3. A prohibited (N) use is one that is not permitted in a zoning diatrict under any circumstances. B. Use table. A list of permitted.conditional and prohibited uses in the Parks & Recreation Zone is presented in Table 18.540.1. TABLE 18.540.1 USE TABLE: PARKS& RECREATION ZONE Land Use Categ Use Type RESIDENTIAL Household Living N Group Living N Transitional Housing N Home Occupation N CIVIC Basic Utilities C Colleges N Community Recreation P/C' Cultural Institutions C Day Care N Emergency Services N Medical Centers N Postal Service _ N Religious Institutions N Schools Social/Fraternal Clubs/Lodges N TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—.November 12,2013 7 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.010. While the zone is intended primarily for community recreation land uses, outdoor sales and eating and drinking establishments are proposed as conditional land uses with restrictions,in order to allow limited concessions within a city park. This would include things like food and beverages and recreational equipment rentals. TIG.4RD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 8 Proposed Text Amendments COMMERCIAL Commercial Lodging N Custom Arts and Crafts N Eating and Drinking Establishments Major Event Entertainment Outdoor Entertainment N Indoor Entertainment N Adult Entertainment N Sales-Oriented C3 Personal Services N Repair-Oriented N Bulk Sales N Outdoor Sales Animal-Related N Motor Vehicle Sales/Rental N_ Motor Vehicle Servicing/Repair N Vehicle Fuel Sales N Office Self-Service Storage N Non-Accessory Parking N INDUSTRIAL Industrial Services N ht Industrial N General Industrial _ N Heavy Industrial N Railroad Yards N Research and Development N Warehouse/Freight Movement N Waste-Related N Wholesale Sales N OTHER Agriculture / Horticulture P/C' Cemeteries N Detention Facilities N Heliports N Mining N Wireless Communication Facilities P C' Rail Lines / Utility Corridors P=Permit ted C=Conditional Use N=Not Permitted TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 9 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The text amendments on this page constitute one of the biggest changes from existing regulations. In contrast to present regulations where community recreation is a conditional use in almost all zones, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities"and by themselves do not have a high likelihood of creating off-site impacts. The size threshold for small structures (600 square feet) was chosen as it is approximately the same size limit as that applied to accessory structures on residentially zoned lots (528 square feet). These structures would be required to adhere to stricter setbacks than residential accessory structures, when adjoining a residentially zoned lot (see proposed development standards in 18.540.060 below). According to the Parks Department, most small structures are under 500 square feet in size. The code proposes 600 square feet to provide flexibility in future park programming. A picnic area designed to accommodate groups of less than 25 would be defined as open area with either a hard or soft surface pad that accommodates up to two or maybe three picnic tables — depending on size. • TIC 4RD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 10 Proposed Text Amendments [1] See Subsection 18.540.050.0-D for use type determination. [2] Restricted to activities and facilities focused on environmental education. [3] Permitted only when accessory to a Community Recreation land use. [4] See Chapter 18.798,Wireless Communication Facilities. C. Development Permitted Outright. When associated with a Community Recreation land use, the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. .All other applicable land use reviews apply. 1. Park furnishings such as play equipment,picnic tables,benches,bicycle racks,public art, trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street,multi-use trails. 4. Structures up to 600 square feet in sizes and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields, courts,arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. TIG 4RD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 11 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments on the opposite page establish development types subject to Conditional Use Permit review. These types can be generally described as more "active recreational facilities" which axe likely to generate off-site impacts and require additional review on a site-by-site basis. In response to a comment letter from the Bonneville Power Administration,development within a high voltage transmission line right-of-way has been made a conditional use to ensure they are notified of the proposed development and have an opportunity to comment. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 12 Proposed Text Amendments D. Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval.as set forth in Chapter 18.330 Conditional uses. 1. Pools and aquatic centers,both indoor and outdoor. 2. Community and Senior Centers providing a focus for recreational, social,education and cultural activities. These may include gymnasiums,indoor tracks and fitness areas,meeting rooms,office and kitchen space and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5. Off-street parking areas. 6. Recreational fields,courts, arenas and associated structures for organized sports and competitions. 7. Stages and Amphitheaters. 8. Dog parks. 9. Community gardens in excess 5,000 square feet. 10. Structures in excess of 600 square feet.and/or more than 15 feet high. 11. Outdoor amplified sound systems. 12. Illuminated athletic fields,courts,and other outdoor recreational facilities intended to be used after sunset. 13. Camping.unless associated with an approved temporary or seasonal event as set forth in 18.785 Temporary Uses. 14. Golf courses.including club houses and driving ranges. 15. Development within a high voltage transmission line right of way. T7GARD PARKS ZONE PROJECT AL/INNING COMMISSION DRAFT—November 12,2013 13 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The proposed text amendments on this page establish new development standards for the Parks and Recreation Zone. At present,development within parks is subject to a uniform 30 foot setback for all structures,and a variety of base zone regulations for things like lot size,width,coverage, height limits,and so forth. The new standards are intended to provide greater flexibility in park programming, while providing enhanced setbacks for certain development types adjacent to residential zones. For example, small shelters may be built closer to adjoining residential development than currently permitted,while bathrooms and illuminated playgrounds must adhere to stricter setbacks than currently required. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DR4FT—November 12,2013 1.1 Proposed Text Amendments 18.540.060 Development Standards Development within the zone must comply with the following development standards,except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None. C. Maximum Structure Height. None.except structures within 100' of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None, except where abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools,skate parks.basketball courts, soccer fields, and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use.the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330. F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones.Where a bathroom or concession stand abuts a school use on a residentially zoned property.the setback is reduced to zero. T7G.4RD PARKS'ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 15 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Parking requirements for dog parks were transferred unchanged from existing CUP approval criteria,with the exception of dog parks less than 1/2 acre in size. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 16 Proposed Text Amendments G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking& Loading Requirements) with the following exceptions: 1. Minimum parking requirements shall only apply to conditional uses in this zone. Outright permitted uses are exempt from minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces,and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one-acre shall provide a minimum of three off-street puking spaces,and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one-half acre are exempt from minimum parking requirements. H. Signs. Signs in the Parks&Recreation Zone shall comply with the regulations applicable to non-residential land uses in residential zones,as set forth in Subsections 18.780.130.A and B of this Title. I. Lights &Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition,glare sources shall be hooded,shielded,or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles,as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 17 , w. - - -rQ _- Proposed i � }� I 1 �I �� P oposed Zon'ng Map �.1� �* /� nn �// �� j 'agEt with Parks and o !�Gil 1% if�I )' +* � I'` r N 3 ! ir'f'r '" Recreation Zone Y•Al ` i M�� tin~�� �,,,� s i�- �� ., ::as: r a 4.2.___, Tigard City Rniindary �, `j }t 1 z .' f leL�l d1 F r•-X :,:.'i( ���k • ` r +t- - ---u i l,2 J trri f f`., �S�i I Proposed Parka a�Recreation Zoe mpo �n 11* § � tr. + '"' • 4r' i Zoning �I'' ,.r.: >, w.. -• i-'f/ R-7 7 R-25 R-4.5 R.7 2 -`-- R „"„. 30.000 Sq Ft Min Lot Size Ris -25 R4. ' R_1 20,000 Sq Ft lain Lot Size f��� 'nil 4'!s a4 R-3.5 R-7• �. 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I I + I I R. ,R4.5 -Mixed Use Commercial l 1 A , I + a; e-_ �--''' I I i -i Mixed Use Employment 1 I-P f r, .. +' i I� -\L ed Use Employment I t I ' I ' .' /1 1./J R t2 _Mired Use Employment 2 1 k - I;v R-y �_fl .. - iv R-7 R4.5 '%,a '.,. Light Industrial - R_1 (1N R R-25 R4.5 -'�+ -Industrial Park e+� -- DATA SOURCES: R 12 I-P '�;1 o' 6.. City o/7lgard 'IR4.5 i! -Heavy Industrial Metro 0 ` Washington County i R�^ / ~ r -Washington County Zoning o _ i t �I��- -'_---�.\ R.12 �� Ili,.. Rte. .. ..., _ N fit• � City of u+te Southwest Noll Reiff �` ♦ / . Seal risers, 171 �MINs �oa 11 II .rat r o 0.25 0.5 .rr _r- .... 4 ti 1 '; ----'- --1::. / I r 'tr.,;', Attachment"3" Parks Zone Project DCA2013-00003 Affected City Owned Properties Existing NAME ACRES TYPE CATEGORY Zoning MORLAN PLUMBING GREENWAY-99W 0.29 G Natural C-G BONITA PARK 5.58 P Improved I-L POTSO DOG PARK 1.81 P Special Use I-L KNEZ WETLAND-HWY 217 0.79 G Natural I-L BROWN PROPERTY(METRO) 12.09 G Natural I-L GREENBURG RD 0.11 G Natural MUC COMMERCIAL PARK 0.73 P Improved MU-CBD JIM GRIFFITH MEMORIAL SKATE PARK 0.45 P Special Use MU-CBD MAIN ST PARK 0.33 P Improved MU-CBD LIBERTY PARK 0.28 P Improved MU-CBD FANNO CREEK HOUSE 1.60 G Future MU-CBD ASH AVENUE DOG PARK 0.35 P Special Use MU-CBD FANNO CREEK PARK 29.66 P Improved MU-CBD NORTHVIEW PARK 3.50 P Improved R-12 COLONY CREEK GREENWAY-WALL ST 9.80 G Natural R-12 FANNO CREEK GREENWAY-TIGARD ST 4.40 G Natural R-12 GRANT AVE GREENWAY-GRANT AVE 0.95 G Natural R-12 RIVERVIEW ESTATES GREENWAY-BONANZA WY 3.35 G Natural R-12 SHADY LANE GREENWAY-SHADY LN 1.97 G Natural R-12 FANNO CREEK DR NORTH OF BONITA 0.10 G Natural R-12 GRANT AVE GREENWAY-GRANT AVE 1.07 G Natural R-12 BAGAN PROPERTY 2.90 P Future R-12 DOVER GREENWAY-DOVER CT 1.64 G Natural R-2 WINTER LAKE GREENWAY-135TH AVE 8.88 G Natural R-25 CLUTE 1.36 G Natural R-25 135TH AVE 0.23 G Natural R-25 WILLOWBROOK FARM 0.16 G Natural R-25 FIELDS PROPERTY 25.60 P Future R-25 EAST BUTTE HERITAGE PARK 2.62 P Natural R-3.5 121 TURNAROUND 0.13 G Natural R-3.5 COOK PARK 75.01 P Improved R-4.5 SENN PARK 0.25 P Future R-4.5 SUMMER LAKE PARK 29.83 P Improved R-4.5 WINDMILL PARK 0.13 P Natural R-4.5 WOODARD PARK 10.29 P Improved R-4.5 BERKELY/COPPER GREENWAY-RIVERWOOD LN 5.27 G Natural R-4.5 BLACK BULL GREENWAY-IRONWOOD LOOP 2.91 G Natural R-4.5 BROOKWAY GREENWAY-124TH & ANN CT 2.25 G Natural R-4.5 Attachment "3" GAARDE ST GREENWAY-GAARDE ST 12.45 G Natural R-4.5 GENESIS GREENWAY-GENESIS LOOP 3.24 G Natural R-4.5 GENTLE WOODS GREENWAY-76TH AVE 1.27 G Natural R-4.5 HUNTERS GLEN GREENWAY-115TH AVE 2.57 G Natural R-4.5 JACK PARK GREENWAY-124TH &ANN CT 2.39 G Natural R-4.5 MARY WOODWARD GREENWAY-121ST AVE 7.35 G Natural R-4.5 MEADOWGLADE GREENWAY-113TH PL 4.88 G Natural R-4.5 MORNINGSTAR GREENWAY-BENCHVIEW TER 8.37 G Natural R-4.5 NOVARE GREENWAY-NOVARE PL 1.76 G Natural R-4.5 PATHFINDER GREENWAY-PATHFINDER WY 1.93 G Natural R-4.5 PICK'S LANDING GREENWAY-RIVERWOOD LN 5.77 G Natural R-4.5 REBECCA GREENWAY-CHATEAU LN 1.19 G Natural R-4.5 SCHECKLA GREENWAY-SCHECKLA DR 1.40 G Natural R-4.5 SUMMER CREEK GREENWAY-121ST AVE 4.80 G Natural R-4.5 SUMMER HILLS GREENWAY-WINTER LAKE DR 3.41 G Natural R-4.5 TERRACE TRAILS GREENWAY-TERRACE TRAILS DR 2.80 G Natural R-4.5 TUALATIN DRIVE GREENWAY-TUALATIN DR 1.98 G Natural R-4.5 VENTURA ESTATES GREENWAY-74TH AVE 4.45 G Natural R-4.5 YOLO ESTATES GREENWAY-WALNUT ST 2.36 G Natural R-4.5 TIPPIT PLACE WETLANDS 0.61 G Natural R-4.5 ENGLEWOOD PARK WEST 8.95 P Improved R-4.5 ENGLEWOOD PARK EAST 6.06 P Improved R-4.5 CLYDESDALE 0.32 G Natural R-4.5 Community 132ND AVE COMMUNITY GARDEN 0.17 G Garden R-4.5 CREEKSIDE PARK 0.79 G Natural R-4.5 JACK PARK 7.23 P Improved R-4.5 TIEDEMAN TRIANGLE 0.54 G Natural R-4.5 DIRKSEN NATURE PARK 48.04 P Future R-4.5 DARRY DELL PROPERTY 5.54 G Natural R-4.5 0.00 R-4.5 0.00 R-4.5 ELIZABETH PRICE PARK 2.55 P Improved R-7 BONITA GREENWAY-BONITA RD 2.80 G Natural R-7 BROWN CREEK GREENWAY -80TH CT 2.36 G Natural R-7 COLONY CREEK GREENWAY-FANNO CREEK LOOP 1.49 G Natural R-7 HILLSHIRE WOODS EAST GREENWAY-ASCENSION DR 17.61 G Natural R-7 HILLSHIRE WOODS WEST GREENWAY-ASCENSION DR 16.96 G Natural R-7 RENAISSANCE WOODS GREENWAY-76TH AVE 5.25 G Natural R-7 TERRAVIEW GREENWAY-TERRAVIEW DR 1.57 G Natural R-7 TURNAGAIN GREENWAY-TURNAGAIN DR 0.93 G Natural R-7 Attachment "3" CACH NATURE PARK 19.51 P Future R-7 SUNRISE PROPERTY 19.43 P Future R-7 HILLSHIRE ADDITION 1.55 G Natural R-7 STARVIEW TRAIL 0.71 G Natural R-7 GREENFIELD DR. 0.64 G Natural R-7 COLONY CREEK TRAIL END 0.18 G Open Space R-7 FINLEY PARK GREENWAY 0.38 G Natural R-7 TUALITIN RIVER PROPERTY 2.69 G Natural EAST BULL MOUNTAIN PROPERTIES 10.20 G Future ATTACHMENT 4 Department of Energy d Bonneville Power Administration TA, PO Box 3621 Portland,OR 97208-3621 November 5, 2013 In reply refer to: TERR/3 Tract No.V-E-23-A-120 Your reference: SP-13-03 Sherwood Industrial Park Phase II 14816 SW Century Dr, Sherwood OR City of Sherwood Planning Michelle Miller, Sr. Planner Dear Mr. Floyd: Reference is made to your Notice for Tigard Parks Zone Project Development Code Amendment. Bonneville Power Administration (BPA)has no objection to this proposed. Development Code Amendment as long as the high voltage transmission line rights-of- way and fee-corridor will not be adversely affected. Note that BPA imposes certain restrictions and/or prohibitions on the use of property encumbered by our transmission line rights-of-way. BPA's typical easement prohibits structures within the right-of-way. The coordination of such land uses as underground utilities, fences,planting trees, parking, pools, trees,and construction should all be reviewed by BPA prior to such use. Applications must be submitted to BPA for any use proposed within BPA's rights-of-way. You may direct any communication to this office,Bonneville Power Administration, 503-230-7325,or by reaching me at 503-230-5500,or email at jcgoodrich @bpa.gov for information on the BPA Right-of-Way Use application process. Thank you for the opportunity to comment on this proposal. Sincerely, Julie C. Goodrich Right of Way Agent, Real Property Field Services David Evans&Associates, Contractor to Bonneville Power Administration Enclosure: Landowner's Guide ATTACHMENT 5 John Floyd From: Brian <brian©tualatinriverkeepers.org> Sent: Thursday, October 31, 2013 12:02 PM To: John Floyd Cc: Steve Martin; Paul H. Whitney Subject: Re: Parks Zone Project John, Thanks for sharing. I see a few uses that you might want to change. 1. Outdoor Entertainment is listed as"N", prohibited under any condition. I looked up the definition ( Characteristics: Outdoor entertainment consists of for-profit facilities providing active recreational uses primarily in an out-of-doors setting.), and suggest that the city may want to allow for-profit vendors to provide active recreational services at times(carnival rides at the balloon festival,equipment rentals). I would suggest that the city might want to allow Outdoor Entertainment conditionally. 2. Fences are listed as being permitted outright as long as they comply with development standards. I assume development standards prohibit fences in floodways. I think there may be a need to put conditions on fences that might impede wildlife migration in natural areas. I don't know if development standards address that. 3. Are there different development standards for passive recreation areas and active recreation areas? Clarification might be necessary to prevent conflicts between natural areas and active recreation facilities. Thanks for the opportunity to comment. Brian Wegener, Riverkeeper Advocacy& Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-486-5850 www.tualatinriverkeepers.org \On 10/31/2013 11:20 AM,John Floyd wrote: Hi Brian, So you're aware,the city is working on code amendments to change how we conduct land use reviews for public parks. I'm including a link to the project website, which includes a draft of the code amendments. You'll be receiving a public notice in the mail, but also wanted to reach out to you given your organizations interests and role. www.tigard-or.gov/pzp So it's clear,the project does not affect any of our goal 5 regulations. The idea is assign an appropriate level of review to the improvement being applied, in hopes of bringing more efficiency to the development of both passive and active recreation opportunities here in Tigard. For example, minor 1 improvements like benches and small shelters would no longer require a conditional use permit, but would still be subject to all of our sensitive lands regulations for things like floodplains,wetlands,and the like. Regards, John f DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules 'City General Records Retention Schedule." Brian Wegener, Riverkeeper Advocacy& Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-486-5850 www.tualatinriverkeepers.org Advocacy&Communications Manager Tualatin Riverkeepers 503-218-2580 www.tualatinriverkeepers.org 2 ATTACHMENT 6 John Floyd From: Allan Solares<solaresam @aol.com> Sent: Wednesday, November 06, 2013 8:47 PM To: John Floyd Cc: solaresam @aol.com Subject: Parks Zone Project Proposed Code Amendments The proposed amendments are very thoughtful and useful. Here are some suggestions to try to improve their clarity,applicability or effects. Feel free to call or email to discuss. 18.540.050 C. 4. allows structures up to 600 sq ft.. This conflicts with D. 10. which requires conditional use permit for structures in excess of 500 sq ft. C. Add use for - "nonamplified and acoustic music at less than##decibels". Add use for- Informational and educational signage. Add use for - Nature preserves (or similar purpose) Add use for- Camping associated with an approved temporary or seasonal event... (see related section in D. 13.) D.2. Move..."...gymnasiums, indoor tracks and fitness areas" to#6 which is more closely related. b.2. Don't narrow the term "Centers" with "Community and Senior" since there are many other types of centers for example Tryon Creek's conservation center. Just say "Centers..." D.7. Add - ...add "and stages" to Ampitheaters. C.7.and D.9. Increase threshold for size of community garden that is permitted outright (and conversly that requires conditional use)from 5000 square feet to 10,000 square feet. This is only about half the size of a football field, or a quarter acre. Heck you're allowing dog parks of an acre or more. D. 11. Clarify and narrow the definition of "Amplified sound systems" to focus on sound systems used outdoors, and/or above a certain decibel threshold. 18.50.060 E. "Where the outdoor facilty abuts a school use..." --This does not take into account a location where the facility both abuts a school use and on another side abuts a residential zone. I. Require 'dark sky' lighting. Thanks for your consideration. Allan Solares Owner of Fanno Creek Village Apartments 13816 SW Fanno Creek Dr. 503-624-9601 solaresam@aol.com 1