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04/07/2008 - Packet 410, IN ° City of Tigard TIGARD Planning Commission — Agenda MEETING DATE: April 7, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. APPROVE MINUTES 7:10 p.m. 5. PUBLIC HEARINGS 7:15 p.m. 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00001 Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 2: Land Use Planning REQUEST: Amendments to the current Comprehensive Plan Topic 1: General Policies; Topic: Special Areas of Concern; and Topic: Locational Criteria by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Economy, Housing, Public Facilities and Services, General Policies,Transportation,Urbanization,and Natural Features and Open Spaces;Metro Functional Plan Titles 1, 3, 6, 12,and 13;and Statewide Planning Goals 1,2, 5, 6, 7,9, 10, 11, 12,and 14. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00002 Tigard Comprehensive Plan Update Pertaining to Tigard's Urban Forest REQUEST: To amend the current Comprehensive Plan to include goals, policies, and recommended action measures to reflect current community conditions and values relating to Tigard's Urban Forest.. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and PLANNING COMMISSION AGENDA-APRIL 7, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 18.390; Comprehensive PO Chapters Citizen Involvement, Enental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1,2,5,6,and 11. 6. OTHER BUSINESS 10:15 p.m. 7. ADJOURNMENT 10:20 p.m. PLANNING COMMISSION AGENDA—APRIL 7, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 • • Tigard Planning Commission - Roll Call Hearing Date: -1 — ) Starting Time: 71 ;00 COMMISSIONERS: 1/ Jodie Inman (President) Tom Anderson Rex Caffall Margaret Doherty Karen Fishel Stuart Hasman Matthew Muldoon Jeremy Vermilyea David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher Ron Bunch Cheryl Caines i ohn Floyd � J Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas /Darren Wyss Phil Nachbar Marissa Daniels • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 7, 2008 1. CALL TO ORDER President Inman called the meeting to order at 7:05 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman, Commissioners: Anderson, Caffall, Doherty, Fishel, Hasman, and Walsh Commissioners Absent: Commissioner Muldoon and Vermilyea Staff Present: Ron Bunch,Assistant Community Development Director;Darren Wyss, Associate Planner;John Floyd,Associate Planner;Todd Prager, City Arborist; Doreen Laughlin,Administrative Specialist II 3. COMMUNICATIONS None. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Caffall, seconded by Commissioner Hasman, to approve the March 17, 2008, meeting minutes as submitted. The motion carried as follows: AYES: Anderson, Caffall,Fishel,Hasman, Inman,Walsh - NAYS: None ABSI.ENTIONS: Commissioner Doherty EXCUSED: Commissioner Muldoon,Vermilyea 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00001 Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 2: Land Use Planning REQUEST: Amendments to the current Comprehensive Plan Topic 1: General Policies; Topic: Special Areas of Concern; and Topic: Locational Criteria by updating the goals, policies and recommended action measures to reflect current community conditions and PLANNING COMnIISSION MEETING MINUTES—April 7,2008—Page 1 of 9 I:LRPLMDoreen%PC1PC Minutes 2008%pe 04-07-08 draft minutes.doc values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Economy, Housing, Public Facilities and Services, General Policies, Transportation, Urbanization, and Natural Features and Open Spaces; Metro Functional Plan Titles 1, 3, 6, 12, and 13; and Statewide Planning Goals 1, 2, 5, 6,7,9, 10, 11, 12,and 14. Darren Wyss, Associate Planner, presented the staff report on behalf of the City. He stated that the Comp Plan Amendment before the Commission tonight would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 2: Land Use Planning. Staff has found that the language included in the amendment (see Exhibit A) complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. The proposed amendment went thru a review process that included two Policy Interest Team meetings hosted back in February by the Planning Commission,where policy principles were reviewed and crafted into draft language. He noted that the Commission then held a workshop on March 17,2008, to discuss the draft language. A very thorough analysis resulted in the request for a few changes to be made before bringing the CPA back for this public hearing. These changes (found at the beginning of the staff report) included: Policies: 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. Policy 9 was added based on discussion about Policy 8 and situations where development may be required to pay for public facilities that will be constructed at some point in the future,but will not construct them prior to, or concurrent with, the development. Staff felt adding this policy was a better solution than trying to augment Policy 8 with additional language. 9. The City may, upon determining it is in the public interest, enter into development agreements to phase the provision of required public facilities and services and/or payment of impact fees and/or other arrangements that assure the integrity of the infrastructure system and public safety. PLANNING COMMISSION MEETING MINUTES—April 7,2008—Page 2 of 9 I:0 RPLN1DoreentPC PC Minutes 2008ttpc 04-07-08 Oran minutes.aa • • • 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements,to-prometc 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. 23. The City shall require that neve-urban development :: ... .. . - - . .. : : - - c Recommended Action Measures: xii. Work with the appropriate agencies to review the protocol methods used in determining development impacts upon water quality, natural resources,and other land uses. xiv.Proactively evaluate the effectiveness and usefulness of different elements of the City's land use program, such as maps, codes, and policies area plans,and make changes when necessary to further community objectives. xvi.Review and update regulations that are intended to protect the community from transportation hazards, environmental hazards, and natural hazards associated with land use activities. Staff's recommendation is to approve the language found in Exhibit A and forward it to the City Council for review and adoption. The updated goals, policies, and recommended action measures will provide Tigard a much better foundation on which to prepare ordinances, associated plans, development standards, programs, and intergovernmental agreements. This is necessary to provide the tools needed to ensure the City's land use planning program contributes to a high quality of life and the health, safety, and welfare of the community. At this point President Inman asked whether anyone had questions of staff. The following question was offered: o Why the addition of 9 instead of rewording 8? Assistant Community Development Director, Ron Bunch, answered. Retaining policy 8 is important but as discussed at the last meeting, it was felt that it was important to have the option to enter into development agreements and instead of trying to wed the topics, we felt it was more clear and would provide greater flexibilio to have a separate policy. Staff felt it was much easier to maintain clarity of concepts by adding 9 rather than rewording 8. PUBLIC TESTIMONY- IN FAVOR: John Frewing, 7110 SW Lola Lane,Tigard, OR 97223, spoke on the matter of policy 8 and 9. He stated his concern about the Washington Square Regional Trail (the circumferential trail around Washington Square) —he noted that it hasn't happened and it relies on the City of Tigard to find staff time and money to acquire land for this. Frewing is concerned that policy#9 does not go far PLANNING COMMISSION MEETING MINUTES—April 7,2008—Page 3 of 9 I:11RPLMDoreenWC1PC Minutes 20081tpc 04-07-08 Craft minutes.duc • enough in terms of enforceability. He said that maybe if they put in the words "legally enforceable" arrangements — or development agreements — maybe that would solve the problem. He would like the words to be strengthened somehow on policy 8 or 9. PUBLIC TESTIMONY- OPPOSED: No one spoke in opposition. President Inman asked if anyone was present who wanted to speak either for or against but hadn't signed up. No one came forward so she closed the public testimony portion of this hearing. DELIBERATION: The commissioners and staff discussed enforcement of conditions of approval. Commissioner Caffall made the following motion that was seconded by Commissioner Fishel: "I move that we accept the Comprehensive Plan Amendment CPA2008-00001 as presented and amended by staff to us this evening." The motion carried as follows: AYES: Anderson, Caffall,Doherty, Fishel, Hasman, Inman,Walsh NAYS: None ABS1ENTIONS: None EXCUSED: Commissioner Muldoon,Vermilyea 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00002 Tigard Comprehensive Plan Update Pertaining to Tigard's Urban Forest REQUEST: To amend the current Comprehensive Plan to include goals, policies, and recommended action measures to reflect current community conditions and values relating to Tigard's Urban Forest. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13;and Statewide Planning Goals 1, 2,5, 6,and 11. John Floyd,Associate Planner,presented the staff report on behalf of the City. He noted that this was the second meeting on the Urban Forest Comp Plan Amendment. The last meeting was the March 17 workshop. He said that, due to scheduling, tree board comments weren't included in the main packet but came in later in a separate memo (Attachment 1). He noted that the recommended changes identified by the Tree Board are as follows: • Replacement of the term"associated vegetation"with"understory vegetation" throughout the document to provide more clarity;and PLANNING COMMISSION MEETING MINUTES—April 7,2008—Page 4 of 9 VILFtPleADoreeMPOPC Minutes 200880c 04-07-08 draft minutes doc • • Modification of Policy 2.2.9 (formerly Policy 16) to read"discourage"instead of"prohibit". This was preferred to staff's proposed edits contained in the packet distributed on March 315` for tonight's meeting. Floyd noted that, due to the reformatting of the document, the goals have been renumbered but that the text remains the same unless identified by either a sfieugh or the new language being bolded and underlined. He went over all the changes and recommendations in the memo (see attachment 1). At this point, President Inman asked if there were any questions or comments from the Planning Commission that they'd like to address. Some of the questions/comments were noted (answers or replies are in italics): 1. Expressed concern about the word "minimizes" on Goal 2.3. Would like to see the goal read "To balance the diverse and changing needs of the City through well-designed urban development that iftittiniizes considers the loss of existing trees ... etc." Commissioner Walsh (Tree Board Liaison) spoke on behalf of the tree board on this: There was a lot of time spent on that word—a lot of input was received on this particular goal and modifications were made. I think there was a lot of discussion about having it read `to minimize"the loss of trees. 2. Feels the words "to consider" the loss of trees doesn't have the same impact as "minimize" the loss of trees. President Inman commented that, to her, it means you have to take it into account for the application process, not that you actually have to reduce the number of existing trees that are affected. Another Commissioner noted that the word "consider" leaves too much open as opposed to the word"minimize." 3. Policy 1 under goal 2.3 — We should at least acknowledge the City's responsibility to make sure that we are supporting the developers wish to be able to save trees. 4. Policy 2 — Expressed concern that "understory vegetation" is not defined appropriately enough. Is afraid too many trees will be taken out because of understory. It seems to focus on vegetation when that's not entirely the intent. The emphasis here is on protecting trees through the planting of vegetation within certain criteria. If it's not clear,perhaps this should be rephrased.. 5. Regarding the definition of"understory vegetation"... we're really talking about "non shade tolerant flowers/vegetation that happens to be under the tree" - vegetation that supports the well being of the tree. We need to get a definition that's closer to that— I think it might help your understanding of it if we could get a very detailed definition. 6. Expressed concern about the word"require."When the word"require" is used,we have to be able to quantify it, and therefore we have to be able to enforce. If we (in policy 2) "require" that you preserve the understory, plant, or replace — are we going to get into situations where you have to mitigate understory because you kept a tree next to a sidewalk? I don't see it going in that direction but we can certainly take a look at it if that's a major concern ofyours. PLANNING COMvIISSION MEETING MINUTES—April 7,2008—Page 5 of 9 I:VRPLNtDoreen PC\PC Minutes 20080pc 04-07-08 draft minutes;Jac • • 7. Expressed concern about 2.3.2 "require preservation" — concerned that the language may be too strong. 8. Policy #4 (2.3.4) — Commissioner likes the rewording, but having a hard time as to how it applies to residential. Is there a way to address that? The commissioner feels it would be harder to say we have met this policy on a residential project. There are really 4 categories of land use that this would apply to—one certainly is commercial, then there's industrial, residential/multi family, and then, the other kind of employment/office park and public facility type of use. For employment/commercial/public facilio use, certainly, these kinds of site design landscape techniques can apply. And also for multi family residential and for attached single family residential. In residential— good site design,good planning would meet the criteria. This is a broad statement that could be applied across the board. At this point,President Inman said she realized they were getting too much into deliberations and she moved on to the public testimony portion of the hearing. PUBLIC TESTIMONY- IN FAVOR: Janet Gillis,Tree Board chair, 13711 SW Essex Drive,Tigard, OR 97223, said the tree board was in support of amending the update for the Tigard Urban Forest. She noted that it's especially appropriate as this very week is "Arbor Week" and that Tigard is being honored for the 7th consecutive year as a "Tree City USA". She referred to her memo of 4/7/08 (Attachment 2). She also addressed some of the concerns that had been brought up regarding goal 2.2, Policy 9 —they were looking at "discourage" instead of"prohibit" because the concern was how would the City actually go in to a residential property and prohibit a particular plant. Yes—we should discourage —but how could we prohibit it without a whole lot of work from the City. Another question was goal 2.3 on policy #2 — she was not liking "as appropriate" because following that is the word "require" as another part — then it would have to be quantified— so who's going to decide what's "appropriate" —is it the individual homeowner? Is it the Planning Commission? She thinks policy #2 should be rephrased so that it's more appropriate. She also thinks the City should come up with another policy of addressing home mitigation in a separate policy instead of trying to blend it into 2.3, policy#1. It should be a policy that directly deals with mitigation. John Frewing, 7110 SW Lola Lane, Tigard, OR 97223, stated concern with respect to the "7 day rule" about the material that came out on April 4 and later. Frewing expressed concern about policy 2.2.2 of Floyd's memo (page 1). He spoke about the City of Portland's "Citywide Tree Project Issue Paper" (Attachment 3). He noted how succinct and informative it is and that the city of Portland has many of the same concerns as the City of Tigard. He submitted it for the record, and would like the Planning Commission to review it before the next meeting. Frewing stated that he feels policy 3 is worthless as there is no direction provided outside what is already required. He agreed that "understory vegetation" needs to be defined more clearly. Tony Tycer 10655 SW Hall Blvd., Tigard, OR 97223, spoke on policy 2 of goal 2.3. He said the real "teeth" of this policy is required preservation of understory - it's not just the understory (foliage) underneath the tree — it has a lot to do with how the tree is going to be preserved. He said it was important to not compromise the roots, structurally, and for the good of the tree. PLANNING COMMISSION MEETING MINUTES—April 7,2008—Page 6 of 9 I:V.RPLMDomen%PCtPC Minutes 20081tpc 04-07-08 draft minutes.doc • • Commissioner Walsh asked Mr. Tycer's opinion on the word "minimize" — whether he believed the word was too strong or not. Tycer answered that he did not feel it was too strong, but that it was appropriate. Tycer also spoke about using appropriate incentives rather than punitive measures. PUBLIC TESTIMONY- IN OPPOSITION: Alan DeHarpport, 5740 SW Arrowhead Lane, Portland, OR 97225 spoke on behalf of the Homebuilders Association (HBS). He said he agrees with Mr. Frewing on notice. He said he knew of several people who wanted to testify who weren't properly "noticed" and he hoped this hearing would continue in two weeks. DeHarpport spoke on mitigation fees being very high. He commented about street trees. He would like to see street trees being counted towards mitigation incorporated into the policies. He said he fears if mitigation fees increase it will, in effect, shut down development because if type II procedures are all that's going to be allowed—as he believes that's how this could be interpreted at the code level - it would effectively shut down development, particularly in type II procedures which restricts subdivisions. He said that if the priority is to preserve trees, you'd have to preserve the trees in a tract. If that's the case, the lot sizes will be reduced on the remaining portion of the property to the point where you'll have to do a planned development, which will result in dense development in one corner of the property with preservation of the tract in the rest of the property. Regarding specific concerns: On Goal 2.2 Policy 5, (scratched out 11), they'd like to add a sentence to the bottom of that communicating, "Street trees shall count towards tree mitigation when possible." Regarding Action Measure i — he believes an individual has the right to landscape their yard the way they see fit, whether it's underneath a tree or not. Regarding Action Measure iii under the same goal—he said street trees are actually the responsibility of the city after the developer is done with their"winter maintenance period". On Goal 2.3 — he said he'd support "consideration" versus "minimizes." On the first policy, he asked whether the intent is to restrict removal for individual property owners and if so then every resident in the city who has a tree on their property should be noticed. DeHarpport agreed that many of the policies were written at the tree board level. He said there's a lot of weight given the tree board; however, his concern is that there is no builder/developer on the tree board so he believes their [builders/developers] comments and concerns aren't weighed as heavily as they would like them to be. He said in the future there should be a builder/developer member on the tree board and he's sure that one of them would be glad to take on that task so their positions are weighed in as heavily as they'd like them to be. On Policy 2 —he noted that one way to enforce that would be deed restrictions on properties. He can see that being interpreted as requiring anyone who had understory on his or her property, or large trees on their property, to put deed restrictions on properties. He's concerned that that's the way that could be interpreted down the road. On Policy 4 — He said this is "the meat" of everything from the homeowners standpoint. He believes an appropriate way to word this particular policy is to acknowledge that properties zoned for development are allowed to remove trees and that rights of ways (ROW) and building paths PLANNING COMMISSION MEETING MINUTES—April 7,2008—Page 7 of 9 t:VRPLNlDoneentPC1PC Minutes 2008tlpc 04-07-08 draft minutes.doc . • S should be exempted from the mitigation standards because you have to put in a ROW—you have to put in a road. The state engineering requires that. At this point DeHarpport used the white board to illustrate his point. He believes the trees in the ROW should be exempt from mitigation because there is no choice for the developer. He said they believe it's important to acknowledge property zoned for development. He noted that would be a good addition for goal 2.3. He gave some examples from the City of Beaverton (where he served as a former Planning Commissioner). He wanted to make sure the policies and action measures are flexible enough so that when it's time to get down to the code writing itself, that other ideas can at least be considered. He believes goal 2.3 policy 4 has that possibility. One of the commissioners asked the question — how are the mitigation funds structured and used? Todd Prager, the City Arborist, explained their use. Another commissioner commented that the general perception is developers don't care about aesthetics and she would like DeHarpport to bring that back to his clients. President Inman asked DeHarpport "Why do you feel that specifics need to be elevated into the policy?" He answered - Those roads have to be built and to require mitigation for impervious services that are required is a punitive measure. It's not a fair and balanced measure and that's why I believe it should be included in the policy. Sue Bielke, 11755 SW 114, Tigard, OR 97223, commented. Her comments are in the form of a letter dated April 7 (Attachment 4). At this point, President Inman asked if there was anyone else present in the audience who wished to speak. No one came forward. PUBLIC TESTIMONY CLOSED DELIBERATION: The question was brought up; do we need to write a policy to allow the City to choose to buy land using the tree mitigation fund? Ron Bunch said the City could administratively, through adoption of a resolution or an ordinance, do that so it's not necessary to write a policy for that. He said an action measure might be more appropriate if you wish to go that way. President Inman said she feels it is very important that they get this correct so she proposed that they have some other deliberations to give the staff a little more direction on some of the comments that they've heard. She said she would like to continue the public hearing to the next Planning Commission and potentially open up public testimony again then. Commissioner Walsh stated that he would like it moved along to closure as quickly as possible but is okay with it continuing. At this point, President Inman and the other commissioners went over a list of things one at a time that they would like staff to address at the next meeting. 6. OTHER BUSINESS: The Public Hearing on CPA2008-00002 Tigard Comp Plan Update pertaining to Tigard's Urban Forest will be continued to April 21. PLANNING COMMISSION MEETING MINUTES—April 7,2008—Page 8 of 9 I:V.RPIMDoreen'PCWC Minutes 20081tpe 04-07-08 Craft minutes.doc • • 7. ADJOURNMENT President Inman adjourned the meeting at 9:30 p.m. a G Doreen Laughlin,Administrativ' .. •cialist II An EST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—April 7,2008—Page 9 of 9 I:LLRPLMDoreeMPC1PC Minutes 2008'pc 04-07-08 craft minutes.doc �. � • • ATTACHMENT 1 , City of Tigard T 1 G A R D Memorandum To: Planning Commission From: John Floyd,Associate Planner Re: Supplemental Comments from Tree Board for the April 7 Public Hearing Date: April 4, 2008 On April 2nd the Tree Board considered and responded to comments provided by the Planning Commission at the March 17th workshop for the Urban Forest Comprehensive Plan Amendment. Recommended changes identified by the Tree Board are as follows: > Replacement of the term "associated vegetation" with "understory vegetation" throughout the document to provide more clarity; and > Modification of Policy 2.2.9 (formerly Policy 16) to read "discourage" instead of"prohibit". This was preferred to staff's proposed edits contained in the packet distributed on March 31st for tonight's meeting. In order to facilitate a more efficient hearing, staff has combined the tree board recommendations side by side with changes included in the packet previously distributed to the Planning Commission on March 31. Recommended deletions are indicated with aetlifetigh and new language bolded and underlined. Please note that policy numbers have been changed due to a reformatting of the document, the text remains the same unless identified by the markings discussed above. GOAL 2.2: To enlarge,improve and sustain a diverse urban forest to maximize the economic, ecological, and social benefits of trees and associated understory vegetation. POLICIES 1. The City shall maintain and periodically update policies, regulations and standards to inventory, manage, preserve and enhance the community's tree and vegetation resources to promote their environmental,aesthetic and economic benefits. 2. The City's various codes, regulations, standards and programs relating to landscaping, site development,and tree management shall be consistent with, and supportive of one another; administration and enforcement shall be regulated and coordinated by the variously impacted departments. • • • ,t 5, 3. The City shall continue to regulate the removal of trees, within environmentally sensitive lands and on lands subject to natural hazards. 8, 4. The City shall ensure that street design and land use standards provide ample room for the planting of trees and other vegetation, including the use of flexible and incentive based development standards. 41- 5. The City shall require the replacement and/or installation of new street trees, unless demonstrated infeasible, on all new roads or road enhancement projects. Trees should be planted within planter strips, or at the back of sidewalks if planter strips are not feasible or would prohibit the preservation of existing trees. 4-2, 6. The City shall establish and enforce regulations to protect the public's investment in trees and vegetation located in parks, within right-of-ways, and on other public lands and easements. 43-7. The City shall conduct an ongoing tree and urban forest enhancement program to improve the aesthetic experience, environmental quality, and economic value of Tigard's streets and neighborhoods. 8. The City shall continue to maintain and periodically update approved tree lists for specific applications and site conditions, such as street trees, parking lot trees, and trees for wetland and riparian areas. 4-6,9. When possible and appropriate,the City shall prohibit the use or retention of invasive trees and other plants through the development review process. The Tree Board recommended the following language change as preferable to staff's recommendation above The City shall pfehibit discourage the use or retention of invasive trees and other plants through the development review process. 10. The City shall require, as appropriate, the use of trees and other vegetation as buffering and screening between incompatible uses. RECOMMENDED ACTION MEASURES i. Develop and implement a comprehensive, coordinated update and enhancement of all tree and a3seeifited understory vegetation related regulations, standards, programs, and plans, including the development of a citywide Urban Forestry Management Master Plan that will establish measurable goals, standards and guide City actions regarding the Urban Forest. ii. Develop and implement an inspection and enforcement program that will ensure ongoing maintenance of trees and other vegetation required by development approval,with particular attention to challenges introduced by the change of ownership of affected properties. ` ' ' • • iii. Develop and implement an inspection and enforcement program that will ensure non- development related tree management and removal complies with the City's tree protection ordinances such as heritage trees, street trees,and trees on sensitive lands. iv. Inventory and evaluate street tree, parking lot and landscape area plantings that have failed to thrive, and determine if Gtrcct site conditions or management practices can be modified, and/or if trees can be planted elsewhere in the right of way, or on private min order to satisfy conditions of development approval or provide the benefits expected of the original planting.. v. Develop and maintain, as part of the City's GIS and permit systems, a publicly accessible inventory of tree plantings, and the state of the City's urban forest. vi. Develop and distribute educational materials and programs regarding City policies, regulations, and good arboricultural practices for the general public, developers and city staff regarding tree planting, maintenance, and protection. Materials should be published in both paper and electronic media and in multiple languages. Particular focus should be given to new property owners who may be unfamiliar with the City's regulations and development related restrictions affecting their property. vii. Encourage and promote the removal of nuisance/invasive plants, and the installation of trees and vegetation that are low maintenance, drought tolerant, site appropriate, and require minimal chemical applications. Strategies could indude the production and distribution of approved tree lists to area nurseries, landscaping companies, libraries and similar businesses and public resources. • viii. Utilize approved tree and plant lists that emphasize long lived evergreens, broad-spreading deciduous varieties, and native species, but allow flexibility to choose a wide variety of species that are proven suitable for local climate conditions and for specific uses and locations. ix. Encourage efforts by community groups and neighborhoods to plant trees and undertake other projects,such as restoration of wetlands and stream corridors. x. Maintain a list of invasive plants,discourage the sale and propagation of these plant materials within the City,promote their removal, and prevent their reestablishment or expansion. Goal 2.3: To balance the diverse and changing needs of the City through well-designed urban development that minimizes the loss of existing trees and asaociatcd understory vegetationrattel to creates a living legacy for future generations. POLICIES 1. The City shall require all development and non-development related tree removal to minimize impacts on existing tree cover, with priority given to native trees and non-native varietals that are long lived and/or provide a broad canopy spread before, during and after construction and subsequent occupancy; removal of trees shall be mitigated, with priority given to the preservation of existing trees over mitigation. • • .44° 4. 2. The City shall protect major require preservation,planting, and/or replacement of understory vegetation associated with protected trees is protected in order to protect existing trees before,during,and after construction and occupancy;This protection Shall occur in such a manner that the following functions shall be-preserved> priority shall be given to the preservation of native or existing understory vegetation that performs the following functions: a. Maintenance of soil health, plant communities,and hydrologic regimes necessary for the associated trees to thrive; b. Habitat for fish and wildlife; c. Water quality enhancement;and d. Soil and Erosion Control. F,3. The City shall address public safety concerns by ensuring ways to prevent and resolve verified tree related hazards in a timely manner. 4. The City shall require and enforce the mitigation e£the aesthetic and environmental impacts of impervious surfaces such as paved areas and rooftops through the use of trees and other vegetation. The City shall require and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation. 9 5. The City shall allow and encourage consideration of appropriate flexibility in site design to allow tree preservation and planting in areas where survival will more likely occur and where better tree cover and canopy will result, particularly for through the use of trees that will grow large,including long-lived evergreens and broad spreading deciduous varieties. 40, 6. The City shall require all development, including City projects, to prepare and implement a tree preservation and landscaping plan, with the chosen trees and other plant materials appropriate for site conditions. 44 7. The City shall continue to cooperate with property owners, businesses, other jurisdictions, agencies, utilities, and non-governmental entities to manage and preserve street trees, wetlands, stream corridors,riparian areas, tree groves, specimen and heritage trees, and other vegetation. 4--7 8. The City shall require,as appropriate, tree preservation strategies that prioritize the retention of trees in cohesive and viable stands and groves instead of isolated specimens. 4-99. Applications for tree removal and tree management plans shall be reviewed by a certified arborist employed or under contract to the City. RECOMMENDED ACTION MEASURES Develop and implement regulations, standards, and incentives to encourage developers to transfer density, seek variances and adjustments necessary to preserve trees and natural open space in a manner that exceeds the requirements of the Development Code. r • • , i ii. Develop tree-mitigation regulations and standards to guide the City in assessing fees or compelling compensatory action resulting from violation of its tree protection standards and/or conditions of development approval. Consideration shall be given to off-site mitigation on both public and private lands, and the maintenance of a publicly accessible registry of mitigation sites both historical and potential. iii. Conduct surveys, workshops, and/or other public outreach strategies to identify and implement an appropriate strategy and form for tree protection regulations outside of the development review process. iv. Encourage other jurisdictions operating within and adjacent to Tigard to prepare and implement a tree preservation and landscaping plan as part of all development and infrastructure projects. Draft Comprehensive Plan Definitions Hazardous Tree - a tree that is dead,declining,cracked, split,leaning,structurally unsound, suffering from infestation or infection, or otherwise physically damaged or impaired to the degree that it is clear the tree is likely to fall and injure persons or property and where pruning or other treatments will not significantly alleviate the hazard. Invasive Species - Plants, animals, and microbes not native to a region, which when introduced either accidentally or intentionally, out-compete native species for available resources, reproduce prolifically, and dominate regions and ecosystems. Because they often arrive in new areas unaccompanied by their native predators, they can be difficult to control. Left unchecked, many have the potential to transform entire ecosystems, as native species and those that depend on them for food, shelter,and habitat disappear. Understory Vegetation—Any plants growing under a tree or forest canopy. Urban Forest -Broadly defined as all the trees within the City collectively. Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species,genetics, abundance and age. Diversity in structure means variation and abundance of vertical and horizontal arrangement, heterogeneity, forest density, micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession, and value as green infrastructure. • • ATTACHMENT 2 To: City of Tigard Planning Commission From: Janet Gillis, Chair, Tigard Tree Board Date: April 7,2008 Re: Comprehensive Plan Amendment(CPA)2008-00002,Tigard Comprehensive Plan Update Pertaining to Tigard's Urban Forest. On behalf of the City of Tigard Tree Board, I would like to encourage the adoption of the amendment to the Comprehensive Plan by the Planning Commission. The Tigard Tree Board has followed the direction of the residents of Tigard and the City Council in developing the Goals, Policies, and Action Measures. In 2004 and in 2006 the residents of Tigard responded to community surveys indicating the,value of trees and natural areas in Tigard as a part of the livability of the City. Members of the community have participated in multiple Tree Board meetings and provided input and guidance to compile this Amendment. The City Council directed the Tree Board to review current rules and regulations relating to trees and natural areas in Tigard. It is appropriate that this Amendment is being considered during Arbor week this week Tigard will be honored as a Tree City USA for 7th consecutive year. As a part of being a Tree City USA, one standard is to have a comprehensive community forestry program, which this Amendment will update for Tigard. To achieve the proposed goals all members of the Tigard community will be asked to participate; the City,public agencies, homeowners, business owners,and developers. These same members will all benefit from a comprehensive plan for Tigard's Urban Forest to live and work in today and for the future livability of Tigard. Thank you, Janet Gillis Chair,Tigard Tree Board • • Citywide Tree Project Policy Review and Regulatory Improvement ATTACHMENT 3 Issue Paper 111 Coordinating Plan Review- Public/Private Infrastructure and Tree Preservation Requirements ISSUE DESCRIPTION Trees that are planned to be preserved in conjunction with new development are at risk from lack of coordination during permit review and construction-related issues. BACKGROUND The City applies a number of specific requirements for utility and other infrastructure improvements at the time new development is proposed. Depending on the scale of the development, requirements may be limited for private and public utility connections for simple "trade"permits (i.e. electrical, plumbing, mechanical trades), or may involve more complex requirements for sewer and water connections, stormwater disposal, street tree preservation or planting, and some level of tree preservation or planting on the site. For large scale developments, public street and sidewalk widening or improvements may also be required. For very simple utility connections (a new sewer lateral for an existing house as an example), the permit application does not include a site plan. The application includes no information to determine if trees or tree roots will be affected. Further, these trade permits are typically not reviewed by planners to determine whether any tree preservation requirements apply to the site. Where a land division review precedes new development,the City requires that proposed infrastructure improvements are reviewed so that utilities are planned, coordinated, and designed for the entire subdivision rather than on a lot-by-lot basis. During preliminary plat review, the location of streets, sidewalks, sewers, water mains, storm drain lines and drainage swales are all considered together with the preservation of selected trees on the site. In some cases, to accommodate the installation of needed infrastructure, significant grading may be required, including the construction of retaining walls and carefully tapered slopes that meet specific standards. Following preliminary approval of the land division, the applicant submits a final plat for review. The final plat is prepared in substantial conformance with the approved land division. The preliminary approval may require specific easements and changes to rights of way dedications to be shown on the final plat. If a roadway is to be widened, or a utility easement relocated, impacts to the tree preservation plan are considered. Minor changes may not be deemed to affect trees, however in some instances the location of utility easements is not considered in light of the tree preservation plans. When a major change occurs, a review of amendments to the preliminary approval is required and an adjustment must be filed with the final plat if the tree preservation standards can no longer be met. These reviews can add several months of additional time to the process. Frequently in these cases, the applicant submits revised arborist reports that further reduce the root protection area, or acknowledge that the infrastructure construction will not be detrimental to the tree. Whether required as part of public and private street improvements or other site improvements, site construction plans are prepared and submitted during the final plat process. The plans detail how the required infrastructure will be built and provide enough information so that the City's Infrastructure Bureaus can prepare bonds to assure their construction. The infrastructure • • • plans are reviewed in two parallel tracks: Public infrastructure, such as streets, sidewalks, water lines, public sewer lines, and public stormwater facilities are reviewed by the public works groups in the Portland Office of Transportation (PDOT), the Water Bureau, and the Bureau of Environmental Services (BES). Private infrastructure and on-site prep work such as site grading and retaining walls, erosion control,tree protection measures (fencing), private streets, private sewers, and on site stormwater facilities are reviewed by the private construction group of BES, as well as the Site Development and Planning and Zoning Review sections of the Bureau of Development services (BDS). Under the current system,tree protection oversight is split between three disciplines:the Land Division Planner for the preliminary and final plat reviews (which can sometimes be conducted by two different planners), Planning and Zoning staff for Site Development Permit reviews, and the Urban Forester for public works permit reviews. This is problematic since each reviewer will have their own understanding of how the protection plan is supposed to work, none of the reviewers has a comprehensive overview over the whole process and site, responsibility for public and private trees is split between reviewers, and scrutiny of the tree protection is diluted by the large amount of other considerations on the site. Coordinating the reviews to ensure the tree protection measures are consistent and sufficient proves to be a challenge. The Public Works permit and Site Development permit drawings are contained in two separate independent sets of plans, and are sometimes prepared by different consulting firms,depending on the size and complexity of the job. Within each of the plan sets, site details will vary depending on the specific type of improvements under review. For private infrastructure (Site Development permits),the tree preservation information is typically shown on the site grading plan only. However, there is no consistent requirement that trees on private property designated for preservation be shown on the public works permit plans. Typically,tree protection for trees on private property is not shown unless the Urban Forester reviewing the public works permit deems it necessary. For both public and private development permit applications, it is rare to receive a composite drawing that shows all the improvements, public and private, and tree preservation information on one sheet. Moreover, since the public and private permits are reviewed separately and by different groups of reviewers, both plans can be approved with elements that are in direct conflict with each other'. Nowhere in any of these plans are private utilities, such as phone, gas, cable, and electric identified (apart from their blanket public utility easement location). The private utility companies are typically not aware of the tree protection requirements, and may trench through a root zone, adding further stress to trees that was not contemplated. If conflicts do arise and are discovered, there is no formal system of collaboration established priorities to resolve those conflicts. For example, one reviewer may require revisions to a sewer line or manhole location due to engineering requirements or constraints. The change may be reflected on the sewer page for instance, but not shown on the grading plan, although the change may have placed the excavation for the manhole within a root protection zone (RPZ). Since only one reviewer is responsible for that change,this encroachment into the RPZ would be missed since the other reviewers typically will not see the ' Spencer Meadows, LU 03-177491 and Site Development#04-038395 SD-This site had a tree required to be preserved in the public stormwater facility and then a public works permit showed it being removed. 2 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • plans again after they have approved their part.2 If such a change is found to impact another reviewer's approval,then additional time is spent routing the plans around and conflicting details in the plans are worked out through an ad-hoc conversation between reviewers, whose ultimate solution may impact yet another reviewer. Review of a Site Development permit is prone to the same types of oversights as can occur with Public Works permit reviews. For example,the grading plan may require that a retaining wall be constructed within the root protection area, but unless the retaining wall is called out on the tree preservation plan, it is likely to be missed by the planner reviewing the preservation plan. Also, during site preparation, issues often arise in the field that were not anticipated on the plans, such as adjusting the location of an on site stormwater facility to account for unforeseen grading issues. The resulting field adjustments can adversely affect trees on site. These"on the fly" changes also cause concern and consternation for the public since they were not part of the public review process. Finally, when the lots have been platted and prepared and the basic utility infrastructure has been installed, the trees to be preserved undergo one final test through the development phase: the building permit. During the building permit review, sometimes the applicant will omit the trees that are required to be preserved from the site plan. Often,trees to be preserved are shown in the wrong location (either due to inaccurate site plan preparation, or inaccurate information in the original land use application). The root protection zone may not be shown or may be shown inaccurately. Frequently,the root protection zones are set to the edge of buildings or driveways and don't account for the practicalities of construction and the excavation required to set foundation or flatwork forms. Utility conflicts with trees can also arise when the final connections to the house need to pass through a root protection zone. Also, if the initial building permit submittal does not show all the required utilities and/or the required root protection zones accurately, independent reviewers may redline these corrections on their copy of the plans, which can cause conflicts that may not be reconciled before the permit is issued. Where conflicts between the building or utilities and the tree preservation arise, the conflict is typically remedied by requiring the applicant to submit an arborist report explaining that the arborist has approved the specified methods of construction, and that the activities will be performed under his supervision. (This will be addressed in greater detail in the Tree Preservation topic papers) .r SUMMARY The infrastructure improvements proposed in conjunction with land divisions are reviewed in several stages, beginning with the preliminary land use approval, and followed by the final plat which establishes the location of utility easements and rights of way. Specific site and public works plans are submitted and reviewed concurrently with the final plat review. The final stage is the building permit review. Each stage of the reviews is performed by several different review agencies and personnel. At numerous points in that process a single inadvertent oversight, error or omission will lead to conflicts between trees to be protected and development. Construction issues that were not initially contemplated during the plan preparation or review can also harm trees that were required to be preserved. In those cases,the results are lost time, and lost trees. 2 Cambridge Creek Subdivision, LU 02-127947 PU EN AD,00-00486 PU SU EN, and Site Development Permit#20 01-144781 SD-there were other reviews that had to happen due to trees needing to be removed due to public sanitary/storm easements. 3 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • POTENTIAL SOLUTION CONCEPTS The following criteria are intended to guide the design and evaluation of potential solution concepts. Criteria for Solutions: • Tree preservation planning and protections are efficient and effective. 41i • Tree preservation and utility/infrastructure planning should be optimized through early and creative site design. • Site design and tree preservation plans should take into account the real impacts associated with construction and excavation. • The plan and permit review process should be designed and coordinated to minimize ;unforeseen conflicts between utilities, infrastructure and trees at all stages of the process • The solution should provide certainty to applicants and the public. • The solution should improve coordination between infrastructure construction and tree protection. • The solution should result in greater overall efficiency in timely reviews and downstream cost reduction. The following is an initial list of potential solutions to address the issues described above. The intent of this section is to examine a range of possible solutions to help inform discussion with stakeholders and the development of staff recommendations and future decisions. 1. COLLABORATION MEETINGS Hold collaboration meetings between public and private works permit reviewers to discuss major or complicated projects. The meetings would be set at regular intervals and the purpose would be to include all relevant reviewers in the discussion to resolve conflicts or raise concerns related to proposed methods of construction. The meeting room would include the necessary tools, codes, admin procedures and computer access for the reviewers to get their answers and approve the plans on the spot. Meetings could also serve as cross training opportunities if there were gaps in the meeting agenda. Pros: • Could be initiated currently with existing resources and minimal added cost. • Provides a forum for the reviewers to share their interests and to discuss and resolve issues and utility conflicts. This also helps to prevent changes required by one reviewer that inadvertently impact another reviewer's requirements. • Reduces time invested in running permits and corrections back and forth between reviewers. • Reduces the potential for applicants to get conflicting direction from various city staff. Increases certainty for applicant. Cons: • Attendance on similar sorts of meetings has not been consistent. Without a means to compel a particular reviewer or group of reviewers to attend, the meetings are likely to be discontinued. • If there are few issues to discuss, the meetings could be an inefficient use of staff time.Would need to be cognizant of developing a productive agenda. 2. ASSIGN A TREE SPECIALIST TO REVIEW PRELIMINARY AND FINAL PLATS A staff person, familiar with the building and construction process, city requirements, and 4 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • tree health and mechanics should be involved in the preliminary land division and final plat review to ensure that proposed and required infrastructure improvements and easement locations will specifically not conflict with trees to be preserved. This reviewer could also be utilized in initial site assessment of preferred trees for preservation, and as a result would have on the ground familiarity with the specifics of the trees and other site constraints.This would enable quicker responses to situations that arise. Pros: • Assigning an internal reviewer who is familiar with city standards and requirements for • infrastructure construction, private utility company practices, and tree issues early in the process will prevent unforeseen and inadvertent conflicts between tree • preservation, and the location of utilities and other infrastructure facilities. • If issues arise later,there is a single review authority who can respond to the problem, reducing delays in determining which reviewer will need to respond. Provides more certainty to both the public and applicant of how the issue will be resolved. • Creates a single accountable person whose responsibility it is to look out for the tree preservation on site. This function is currently split between the land use planner for on site trees and the urban forester for street trees. Cons: • Assigning an additional reviewer requires staffing adding up front expense to the process. • Does not, in itself,fully resolve conflicts during the permitting process (see next solution concept) 3. ASSIGN A TREE SPECIALIST TO THE PUBLIC AND PRIVATE CONSTRUCTION PERMIT PROCESS. As an alternative to, or along with the solution concept above, a tree specialist would be involved primarily in the permit review stages. A single reviewer would assess the tree preservation plan for both public and private trees at the first and last stages of plan review, visit the site and sign off for both public and private works permits. The first stage of review would be to determine that the root protection zones are all shown in the correct location, and are sized correctly. The final stage would be to review all the changes that have occurred to all (i.e. BDS, PDOT, BES,Water, PGE, Gas, Phone, Cable, Power) sets of permits and reconcile any conflicts prior to permit issuance. Pros: • Ensures that conflicts between the parallel permit tracks are addressed early and resolved, and helps ensure that any revisions to site plans that occur through the review process do not create problems and delays in the field. • Since the trees to be preserved are a fixed point on the site, resolving conflicts between proposed improvements and root protection zones requires an engineering solution to relocate the facility. Once those changes have been designed, the tree specialist can verify that the trees will not be impacted.This serves to maximize the tree preservation and minimize conflicts and associated delays during site preparation or development. • Establishes a single contact for tree issues which will lead to quicker resolution of conflict, and a more comprehensive and specific evaluation of tree protection issues through the process. 5 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • , Cons: • This solution would typically require that the private and public works permits be issued simultaneously. In some cases,this could significantly delay permit issuance and construction work on the project if one permit is ready to go while the other still has unresolved issues. Alternatively,the permits could move independently, but with a single eye on the tree preservation aspect, i.e. through use of collaboration meetings as described later. • Adds another step to the review process which means more up front time for review, but may be offset by time savings during construction and avoiding further reviews. • Involving the tree specialist only at the permit stage may be too late, as some conflicts may be inherited by the initial site design reviewed during the preliminary plat phase. 4. DEVELOP COMPRENHENSIVE MANUAL TO GUIDE PLAN PREPARATION AND SUBMITTAL REQUIREMENTS. Each bureau presently maintains its own list of submittal requirements for plan drawings. To assist applicants,these requirements would all be compiled into a single resource and updated in a coordinated fashion (PDOT currently has a similar manual for public works projects, BES maintains the Stormwater Manual, and BDS has a Tree and Landscape Manual for plant installation and Erosion Control Manual). The manual would likely be adopted through administrative rule rather than code, similar to other manuals in the city (e.g., Stormwater Management Manual, Erosion Control Manual). This would enable greater flexibility and ability to update over time. Any changes would be reviewed by all affected bureaus and stakeholders. A section on tree preservation and planting requirements would be included. The manual could also include minimum standards for trade permit submittals to address tree preservation issues. Pros: • Provides single source of information for applicants in preparing their site plans and permit drawings. • Consolidating various bureau requirements would encourage greater coordination • Could achieve greater consistency between plan submittals which helps speed reviews (less time spent trying to interpret plan symbols, or find particular information). Cons: • Unless actively updated and utilized, a manual would likely become obsolete and generally ignored by applicants and reviewers alike. • Duplicates much of what is already available (but in various locations) . SHOW TREE PRESERVATION INFORMATION ON ALL PLANS AND PLAN SHEETS Require tree preservation and protection details and root protection zones to be shown on each drawing page for all permit packages, public and private. Pros: • Would alert reviewers to presence of tree preservation priorities and tree protection areas and highlight construction conflicts in these areas. Cons: • Reviewers may not feel compelled to take notice of conflicts on their plan sheets, especially if they are reviewing for technical details like adequate pipe sizing and do not see tree preservation as one of their priorities. 6 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • • Tree preservation areas may not be shown consistently or accurately from one sheet to another. 6. COMPOSITE PLAN SHEET. Require applicants for public works and site development projects to prepare a single composite plan sheet showing proposed work to occur on a site (including grading, public improvements, retaining walls, stormwater facilities, public and private utilities, private streets and driveways, etc.) and the required root protection zones all on a single sheet. This would indicate whether any work was going to occur in or adjacent to the root protection areas. This information is in addition to the plans already submitted. Pros: • Would help reduce or eliminate conflicts between one approved set of plans and another, as well as reduce or eliminate conflicts between different plan sheets for different types of infrastructure improvements. • Indicates at-a-glance if any proposed work is to happen in root protection areas. This serves as a final check for an applicant prior to submittal, and a first check for staff before getting deep into the review process. • For complicated sites this solution would require basic and early coordination between multiple consultants involved in the plan preparation. Cons: • Problems would likely continue to occur as reviewers require changes or redline corrections that change the location of certain elements unless new composite plan sheets were required as well. • Could create a reliance on the composite plan on the part of staff to ensure that the root protection zones do not have encroachments. For example, if a layer of improvements (e.g. sewers) is left off the composite plan sheet but is reviewed and approved separately on the sewer plan sheet, and the sewer line runs through a root protection zone,then the existing coordination problem persists. • There are additional costs to preparing this plan for applicants that don't produce plans using automated programs such as CAD, and for projects where multiple consultants are involved in the plan preparation (but such coordination may be even more essential in these cases) 5. CONSOLIDATED PUBLIC AND PRIVATE WORKS PERMIT SUBMITTAL. Combine public and private permitting into a single permit package for review. This is a slightly different approach from the composite plan or single tree reviewer solution, whereby all the information for the entire suite of infrastructure improvements is represented in a single package rather than shown on a single sheet. The reviewers would only review and approve their particular area of responsibility, but would have all the information in one place for contextual reference. (Similar to current system of combined Site and Building Permits) Pros: • Reviewers would be more aware of other related improvements that would not be part of their normal purview. • Reviewer responsible for tree preservation can cross reference proposed public and private works activities with tree preservation/protection plans to ensure that there are no conflicts with root protection zones. 7 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • •. Cons: • This solution, in some cases, could create large and unwieldy set of plans. Since each reviewer would see the combined Site Development and Public Works plan sets, the amount of paper used in the plan sets is increased significantly. • Reviewers may not use the information contained on the other sheets. In other words the additional cost is not leading to a direct benefit. • Does not resolve the conflicts only makes them known. For instance, if a utility line is shown through a tree preservation or environmental resource area, what forum exists to resolve the conflict? Who specifically is charged with resolving the issue? 8 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • • ATTACHMENT 4 April 7,2008 Tigard Planning Commission City of Tigard RE: Comprehensive Plan Amendment 2008-00002 Dear Planning Commission: We are submitting comments on the proposed amendment to Tigard's Comprehensive Plan, in particular the section on Goal 2: Land Use, and Tigard's Urban Forest Comprehensive Plan Amendment and associated proposed changes to the goals, policies and action measures. The Biodiversity Project of Tigard is an all-volunteer local group dedicated to the long- term protection and conservation of our natural resources, including our local forests and associated fish and wildlife species. Our comments are as follows: - Goal 2.2: Policies-#3—We recommend language be changed so that that the city of Tigard regulates the"removal of trees", not only on environmentally sensitive lands and lands subject to natural hazards, but on ALL lands within the city, as other urban cities do. This would require all property owners to obtain a permit for tree removal from the city for example, with a required fee. #9—We oppose the recently added language"when possible and appropriate". The city must prohibit the use and/or retention of invasive trees and other plants because of the potential to cause great harm to our local native flora and fauna. We request the Planning Commission drop the"when possible and appropriate" from this policy. In addition,further in#9,we oppose the word change from"prohibit"to"discourage" in language for this policy. -We believe the Tree Board has failed to address several key items as they concern and are related to the recently adopted goals, policies, and action measures for the Parks, Recreation and Open Spaces section of the Comprehensive Plan. In particular,the proposed Urban Forest Comprehensive Plan Amendment(UFCPA)fails to address the following: - Policy 2—"acquire and improve natural areas...."—we saw no language in the proposal that addresses important natural resource areas(local forests)that are unprotected and deserving of acquisition in the proposed language. We had submitted comments to the tree board in the past recommending that areas of high priority for protection(e.g.,oak forests)be given a"special status"under the new goals,etc. in order to protect these rare and diminishing habitats. For example, since • the oak prairie habitat is now reduced to less than 1% in the entire Willamette Valley and Tigard has unprotected oak prairie habitat,this should have been addressed specifically in this proposed UFCPA. In addition, rare habitats are protected under • • S statewide goal 5, and since the UFCPA fails to address important natural resources,it should not be adopted until it adequately meets all related goals, etc. We saw no language in the proposed UFCPA that addresses specifically the upland forests and the acreage remaining in Tigard,and that much of what is left is unprotected. We ask here for new,additional language that will specifically protect all remaining upland forests in Tigard,through stronger language that prohibits development on all • remaining upland forests in order to meet Goal 5 requirements for protection of natural resources within the city limits. These upland forests are vital for protecting our water quality,our wildlife habitat, our air quality, and our livability. We cannot afford to lose any more upland forest habitat here in Tigard. We saw no policies or action measure that specifically address urban forest in Tigard that may harbor rare species, such as the northern red-legged frog, and what actions may be taken to help protect them and their habitats. This must be done in order to address the needs of natural resources under this proposed amendment and how it relates to the Parks,Recreation and Open Spaces and Natural Resource sections of the Comprehensive Plan. All of these areas are related and must address natural resources in detail and with sufficient action measures that they sufficiently protect natural resources in Tigard. For example, forests in Tigard that contain habitat for red-legged frogs and that is unprotected, should have action measure(s)that ensure some amount of protection for the long term viability of this species,since it is rare, state listed,and declining in much of its range. There are other species that also need to be address in this UFCPA for urban forests, and until they are, we recommended that the UFCPA as it is written NOT be adopted. • Thank you for the opportunity to comment. Sue Beilke Director,The Biodiversity Project of Tigard Sv"`bw • PUBLIC HEARIN ' EM:The following will be considered by the Tigard Planni mmission on Monday April 7, 2008 at 7:00 PM at the Tigar Civic Center-Town Hall, 13125 SW Hall i COMMUNITY Blvd.,Tigard, Oregon. Public oral or written testimony is invited. • Oil The public hearing on this matter will be held under Title 18 and SPAPERS rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission's review is for the purpose of making a rec- 6605 SE Lake Road, Portland, OR 97222• PO ommendation to the City Council on the request. The Council will Box 370• Beaverton, OR 97075 then hold a public hearing on the request prior to making a deci- Phone:503-684-0360 Fax: 503-620-3433 sion. Further information may be obtained from the City of Tigard Email: Planning Division(Staff contact: Darren Wyss)at 13125 SW Hall legaladvertising @commnewspapers.com Blvd.,Tigard, Oregon 97223 or by calling 503-639-4171. COMPREHENSIVE PLAN AMENDMENT (CPA) 2008- 00001 AFFIDAVIT OF PUBLICATION Tigard Comprehensive Plan Update Pertaining to Statewide State of Oregon, County of Washington, SS Planning Goal 2: Land Use Planning REQUEST: Amendments to the current Comprehensive Plan Topic 1: General Policies; Topic: Special Areas of Concern; and I, Charlotte Allsop, being the first duly sworn, Topic: Locational Criteria by updating the goals, policies and depose and say that I am the Accounting recommended action measures to reflect current community con- Manager of The Times (serving Tigard, ditions and values. The compile text of the proposed Amendment Tualatin & Sherwood), a newspaper of can be viewed on the City's website at HYPERLINK"http://www. tigard-or.gov/code_amendments" http://www.tigard-or.gov/code_ general circulation, published at Beaverton, in amendments. LOCATION: Citywide. ZONE: All City Zoning the aforesaid county and state, as defined by Districts. APPLICABLE REVIEW CRITERIA: Community ORS 193.010 and 193.020, that Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, City of Tigard Hazards,Economy,Housing,Public Facilities and Services,General Notice of Public Hearing Policies, Transportation, Urbanization, and Natural Features and Totice of Open Spaces; Metro Functional Plan Titles 1, 3, 6, 12, and 13; and Statewide Planning Goals 1, 2, 5, 6, 7, 9, 10, 11, 12, and 14. Publish 3/20/2008.TT11099. A copy of which is hereto annexed, was published in the entire issue of said • newspaper for 1 Successive and consecutive weeks in the following issues March 20, 2008 C,ktu.yüjk Q-. Charlotte Allsop (Accounting Manager) . Subscribed and sworn to before me this March 20, 2008 OTAR `"UBLIC FOR OREGON My commission expires -y�ov d_g- -.01 1 Acct#10093001 Doreen Laughlin Q �'-. OFFICIAL SEAL 1 City of Tigard 0 _r- ( SUZETTE I CURRAN 13125 SW Hall Blvd ) " NOTARY PUBUC-OREGON /) Tigard, OR 97223 � COMMISSION NO.( � MY COMMISSION EXPIRES NOVEMBER 28,2011 l) Size 2x4 Amount Due$66.80 'remit to address above • • a Tigard Planning Commission Agenda Item # S, I Page b of 1_ Date of Hearing — 1 —O� Case Number(s) CPAR Oo 2 -- C7C-)oc) Case Name U(c).cK & W-e.iAc � Goal 2_: L-0.4 U S-e.Y Linn �q Location—Tpu.9 N \ �1 J If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: (eV—WIN ) Nr')rn . Name: Address: `. ,)Q,j COY/ v os1,AR Address: City, State, Zip: its-^2 2-3 City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: • Address: City, State, Zip: City, State, Zip: • Agenda Item: a Hearing Date: April 7,2008 Time: 7:00 PM STAFF REPORT TO THE q PLANNING COMMISSION 11111 FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 2: LAND USE PLANNING FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00001 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 1: General Policies; Topic: Special Areas of Concern; and Topic: Locational Criteria by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Economy, Housing, Public Facilities and Services, General Policies,Transportation, Urbanization, and Natural Features and Open Spaces; Metro Functional Plan Titles 1,3,6, 12,and 13;and Statewide Planning Goals 1,2,5,6,7,9, 10, 11, 12,and 14. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds this request to meet the necessary approval criteria.Therefore,staff recommends that the Planning Commission RECOMMENDS to the Tigard City Council that it amends the Tigard Comprehensive Plan as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 1 OF 35 • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan,in many ways, does not reflect current and projected community conditions. For this reason,it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Land Use Planning (Goal 2). The Planning Commission hosted two Policy Interest Team meetings before holding a workshop on March 17th to discuss the draft goals, policies, and recommended action measures that were formulated. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as str ee tts and added text underlined): STAFF REPORT TO TILE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 2 OF 35 • • Policies: 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. 9. The City may, upon determining it is in the public interest, enter into development agreements to phase the provision of required public facilities and services and/or payment of impact fees and/or other arrangements that assure the integrity of the infrastructure system and public safety. 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements,to promote 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. eofniisonity. Recommended Action Measures: xii. Work with the appropriate agencies to review the protocol methods used in determining development impacts upon water quality, natural resources, and other land uses. xiv.Proactively evaluate the effectiveness and usefulness of different elements of the City's land use program, such as maps, codes, and policies area plans,and make changes when necessary to further community objectives. xvi.Review and update regulations that are intended to protect the community from transportation hazards, environmental hazards, and natural hazards associated with land use activities. Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 3 OF 35 • • This amendment is part of a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 2 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's land use planning program. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 4 OF 35 • • SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Newly Adopted Chapters 1, 6, 7, 9, 10, and 11 o Old Topics 1, 3, 8, and 10 • Applicable Metro Standards o Title 1, 3, 6, 12, and 13 • Statewide Planning Goals o Goals 1, 2, 5, 6,7,9, 10, 11, 12,and 14. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure,Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 5 OF 35 • • • CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Newly Adopted Comprehensive Plan Chapters Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the March 20, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 6 OF 35 • • Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goa11.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings,posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 7 OF 35 • . Chapter 6: Environmental Quality Goal 6.1 Reduce air pollution and improve air quality in the community and region. Policy 1: The City shall require that all development complies with or exceeds regional, state, and federal standards for air quality. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 3, and 10. Policies 1,2, and 3 ensure that City actions are consistent with Comprehensive Plan policies, state and regional requirements, and are coordinated with other affected agencies and jurisdictions. Policy 10 requires protection of public safety and welfare from hazardous conditions, including meeting air quality standards. Policy 2. The City shall support regional and state plans and programs to attain regional, state, and federal standards for air quality. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 3, and 10. Policies 1, 2, and 3 ensure that City actions are consistent with Comprehensive Plan policies, state and regional requirements, and are coordinated with other affected agencies and jurisdictions. Policy 10 requires protection of public safety and welfare from hazardous conditions, including meeting air quality standards. Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policy 1. The City shall require that all development complies with or exceeds regional, state, and federal standards for water quality. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 3, 10, and 21. Policies 1, 2, and 3 ensure that City actions are consistent with Comprehensive Plan policies, state and regional requirements, and are coordinated with other affected agencies and jurisdictions. Policy 10 requires protection of public safety and welfare from hazardous conditions,including meeting water quality standards and Policy 21 signifies the City's commitment to protecting natural resources. This protection of natural resources,particularly along streams, can positively affect water quality and help in meeting standards. Chapter 7: Hazards Goal 7.1 Protect people and property from flood, landslide, earthquake,wildfire, and severe weather hazards. Policy 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 8 OF 35 • • A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 3, and 10. Policies 1, 2, and 3 ensure that City actions are consistent with Comprehensive Plan policies, state and regional requirements, and are coordinated with other affected agencies and jurisdictions. Policy 10 requires protection of public safety and welfare from hazardous conditions. Policy 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 3, and 10. Policies 1, 2, and 3 ensure that City actions are consistent with Comprehensive Plan policies, state and regional requirements, and are coordinated with other affected agencies and jurisdictions. The Federal Emergency Management Agency develops regulations that are implemented at the state and local levels. Policy 10 requires protection of public safety and welfare from hazardous conditions,which includes prohibiting development from increasing flood hazards in the community. Policy 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 3, and 10. Policies 1, 2, and 3 ensure that City actions are consistent with Comprehensive Plan policies, state and regional requirements, and are coordinated with other affected agencies and jurisdictions. The Federal Emergency Management Agency develops regulations that are implemented at the state and local levels. Policy 10 requires protection of public safety and welfare from hazardous conditions,which includes prohibiting development from increasing flood hazards in the community. Chapter 9: Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 4, 6, 8 and 11. Policies 1 and 2 ensure that City actions are consistent with Comprehensive Plan policies and serve its citizens' interests. Policies 4 and 6 ensure land is used efficiently and appropriately to create economic development opportunities and Policy 8 requires STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 9 OF 35 • public facilities are adequate and available. Policy 11 encourages regulatory flexibility in the form of various tools available to the City. Policy 5. The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 4 and 5. These policies direct the City to use redevelopment and incentive programs to promote the efficient use of land,while at the same time promoting urban level development on the City's employment and industrial lands. Policy 6. The City shall promote actions that result in greater, more efficient, utilization of its Metro-designated Employment and Industrial Areas. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 4 and 5. These policies direct the City to use redevelopment and incentive programs to promote the efficient use of land,while at the same time promoting urban level development on the City's Metro-designated centers, corridors, and employment and industrial lands. Goal 9.2 Make Tigard a center and incubator for innovative businesses, including those that focus on environmental sustainability. Policy 1. The City shall institute appropriate land use regulations to accommodate a contemporary mix of economic activities. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 2 and 6. Policy 2 outlines the City's commitment to implementing its Comprehensive Plan, including accommodating a mix of economic activities. Policy 6 directs the City to promote a range of land uses that provide sufficient economic value for the City to remain viable and livable. Policy 2. The City shall periodically review and update its policies, land use regulations, and other efforts to ensure the City's land use program is responsive to changes in the economic structure, and is adaptable to businesses changing development needs. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 17, 18, and 19. These policies outline the various avenues the City may follow in updating its land use program while at the same time signaling its commitment to adapting to changing conditions. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy 1. The City shall focus a significant portion of future employment growth and high- density housing development in its Metro-designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 4 and 5. These policies direct the City to use redevelopment and incentive programs to STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 10 OF 35 • • promote the efficient use of land,while at the same time promoting urban level development on the City's Metro-designated centers, corridors, and employment and industrial lands. Policy 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. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policy 24. This policy directs the City to adopt design standards to enhance the community's livability,value, and attractiveness. Chapter 10: Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 1. The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 4, 6, and 7. Policies 1 and 2 ensure that the City's land use program is consistent with Comprehensive Plan policies, sets a clear policy direction, and serves its citizens' interests. Policies 4 and 6 ensure land is used efficiently and appropriately to create economic development opportunities and Policy 7 requires the City to provide land dedicated to Residential land uses. Policy 2. The City's land use program shall be consistent with applicable state and federal laws. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policy 1. Policy 1 directs the City's land use program to be in compliance with state and regional requirements. Federal laws are incorporated into state statutes and administrative rules and are thus covered by this policy. Policy 4. The City shall adopt and maintain land use regulations that provide opportunities to develop housing for persons with special needs. The scale, design, intensity, and operation of these housing types shall be compatible with other land uses and located in proximity to supporting community services and activities. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 6, 7, and 23. Policy 1 requires the City's land use program to serves its citizens' interests, which includes those with special housing needs. Policies 6 and 7 ensure land is used efficiently and appropriately and requires the City to provide land dedicated to Residential land uses. Policy 23 requires new development to minimize land use conflicts by ensuring compatibility with existing and future adjacent uses. Policy 5. The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square) and along transit corridors where employment opportunities, commercial services, transit, and other public STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 11 OF 35 • • services necessary to support higher population densities are either present or planned for in the future. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 4 and 5. These policies direct the City to use redevelopment and incentive programs to promote the efficient use of land,while at the same time promoting urban level development on the City's Metro-designated centers, corridors, and employment and industrial lands. Urban level development includes medium and high density housing development. Policy 6. The City shall allow accessory dwelling units in appropriate residential districts, but shall ensure they are compatible and blend into the overall residential environment. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 6, 7, and 23. Policy 1 requires the City's land use program to serves its citizens'interests, which includes the opportunity to develop accessory dwelling units. Policies 6 and 7 ensure land is used efficiently and appropriately and requires the City to provide land dedicated to Residential land uses. Policy 23 requires new development to minimize land use conflicts by ensuring compatibility with existing and future adjacent uses. Goal 10.2 Maintain a high level of residential livability. Policy 1. The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 23 and 24. Policy 24 directs the City to adopt design standards to enhance the community's livability,value, and attractiveness,while Policy 23 ensures development minimizes conflicts and is compatible with the neighboring land uses. Policy 6. The City shall promote innovative and well-designed housing development through application of planned developments and community design standards for multi- family housing. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 11. This policy directs the City to provide tools,including planned developments and design standards, that will result in high quality and innovative design and construction.. Policy 7. The City shall ensure that residential densities are appropriately related to locational characteristics and site conditions such as the presence of natural hazards and natural resources, availability of public facilities and services, and existing land use patterns. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 8, 10, 11, 21, and 23. Policy 8 requires the availability of public facilities is committed or available prior to development. Policy 10 requires the City to protect public safety and welfare from hazardous conditions related to land use and Policy 21 directs the City to protect natural resources. Policy 23 ensures development minimizes conflicts and is compatible with the neighboring land uses.All of these policies are intended to ensure land use densities are appropriate for the STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 12 OF 35 • • characteristics and conditions of a site. Policy 11 outlines the tools the City can employ to implement these actions. Policy 8. The City shall require measures to mitigate the adverse impacts from differing or more 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. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 11, 20, 21, and 24. Policy 21 directs the City to protect natural resources,while Policies 20 and 24 requires the City to develop design standards and regulations to enhance the community's livability, attractiveness, and value. Policy 11 outlines the tools the City can employ to implement these actions. Policy 9. The City shall require infill development to be designed to address compatibility with existing neighborhoods. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 20, 23, and 24. Policies 20 and 24 require the City to develop design standards and regulations to enhance the community's livability, attractiveness, and value,while Policy 23 requires new development to address compatibility issues with existing and future adjacent land uses. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 1. The City shall require that all new development:: A. construct the appropriate stormwater facilities or ensure construction by paying their fair share of the cost; B. comply with adopted plans and standards for stormwater management; and C. meet or exceed regional, state, and federal standards for water quality and flood protection. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 8, and 9. Policy 1 directs the City's land use program to be in compliance with state and regional requirements,while Policies 8 and 9 outline development's commitment and requirement for ensuring available public facilities and the mechanisms that may be used to fund these improvements. Goal 11.2 Secure a reliable, high quality water supply to meet the existing and future needs of the community. Policy 8. The City shall require all new development needing a water supply to: A. connect to a public water system; B. pay a system development charge and other costs associated with extending service; STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 13 OF 35 • • C. ensure adequate pressure and volume to meet consumption and fire protection needs; and D. extend adequately sized water lines with sufficient pressure to the boundaries of the property for anticipated future extension. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 8, and 9. Policy 1 directs the City's land use program to be in compliance with state and regional requirements,while Policies 8 and 9 outline development's commitment and requirement for ensuring available public facilities and the mechanisms that may be used to fund these improvements. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 1. The City shall require that all new development: A. connect to the public wastewater system and pay a connection fee; B. construct the appropriate wastewater infrastructure; and C. comply with adopted plans and standards for wastewater management. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 8, and 9. Policy 1 directs the City's land use program to be in compliance with state and regional requirements, while Policies 8 and 9 outline development's commitment and requirement for ensuring available public facilities and the mechanisms that may be used to fund these improvements. Old Comprehensive Plan Topics Topic 1: General Policies Policy 1.1.1 THE CITY SHALL ENSURE THAT: a. THIS COMPREHENSIVE PLAN AND ALL FUTURE LEGISLATIVE CHANGES ARE CONSISTENT WITH THE STATEWIDE PLANNING GOALS ADOPTED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, THE REGIONAL PLAN ADOPTED BY THE METROPOLITAN SERVICE DISTRICT; b. ANY NEIGHBORHOOD PLANNING ORGANIZATION PLANS AND IMPLEMENTATION MEASURES ADOPTED BY THE CITY OF TIGARD AFTER THE EFFECTIVE DATE OF THIS COMPREHENSIVE PLAN ARE DESIGNED TO BE CONSISTENT WITH THIS PLAN;AND c. THE TIGARD COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE ARE KEPT CURRENT WITH THE NEEDS OF THE COMMUNITY. IN ORDER TO DO THIS: 1. THIS PLAN SHALL BE REVIEWED AND UPDATED AT LEAST EVERY FIVE YEARS. Policy 1.1.2 THE COMPREHENSIVE PLAN AND EACH OF ITS ELEMENTS SHALL BE OPENED FOR AMENDMENTS THAT CONSIDER COMPLIANCE WITH THE PLANS OF THE METROPOLITAN SERVICE DISTRICT (MSD) OR ITS SUCCESSOR ON AN ANNUAL BASIS,AND MAY BE SO AMENDED OR REVISED IF DEEMED NECESSARY BY THE CITY COUNCIL. ANNUAL AMENDMENT AND REVISION FOR COMPLIANCE WITH THE ABOVE REGIONAL GOALS, OBJECTIVES AND PLANS SHALL BE CONSISTENT WITH ANY SCHEDULE FOR RE-OPENING OF LOCAL PLANS APPROVED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION(LCDC). THIS PROVISION IS NOT TO BE CONSTRUED AS WAIVING ANY LEGAL RIGHTS WHICH THE CITY MAY HAVE TO CHALLENGE THE LEGALITY OF A REGIONAL GOAL,OBJECTIVE, OR PLAN PROVISION. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 14 OF 35 • • Findings: Current Comprehensive Plan Policies 1.1.1 and 1.1.2 will be deleted and replaced in their entirety by proposed amendment Goal 2.1 and the associated Policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 2 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a March 17, 2008 workshop. Topic 3: Natural Features and Open Space Policy 3.4.2 THE CITY SHALL: a. PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM CORRIDORS BY MANAGING THE RIPARIAN HABITAT AND CONTROLLING EROSION, AND BY REQUIRING THAT AREAS OF STANDING TREES AND NATURAL VEGETATION ALONG NATURAL DRAINAGE COURSES AND WATERWAYS BE MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE; b. REQUIRE THAT DEVELOPMENT PROPOSALS IN DESIGNATED TIMBERED OR TREE AREAS BE REVIEWED THROUGH THE PLANNED DEVELOPMENT PROCESS TO MINIMIZE THE NUMBER OF TREES REMOVED;AND c. REQUIRE CLUSTER TYPE DEVELOPMENT IN AREAS HAVING IMPORTANT WILDLIFE HABITAT VALUE AS DELINEATED ON THE "FISH AND WILDLIFE HABITAT MAP" ON FILE AT THE CITY. d. ADDRESS GOAL 5 RULE REQUIREMENTS PERTAINING TO THE PRESERVATION OF WETLANDS ONCE ADEQUATE INFORMATION ON THE LOCATION, QUALITY, AND QUANTITY OF WETLAND SITES IS OBTAINED. THIS GOAL 5 REVIEW WILL INCLUDE DETERMINING WHICH WETLAND SITES ARE ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT. CITIZENS WILL PARTICIPATE IN MAKING POLICY RECOMMENDATIONS FOR THE PROTECTION AND PRESERVATION OF THOSE WETLAND AREAS DESIGNATED AS SIGNIFICANT. THE CITY SHALL COMPLETE ITS GOAL 5 REVIEW OF WETLAND AREAS BEFORE THE CITY'S NEXT PERIODIC REVIEW,BUT NO LATER THAN DECEMBER 23,1996. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 2, 7, 10, 11, and 21. Policy 2 ensures City actions are consistent with Comprehensive Plan policies,including 3.4.2 above. Policies 7, 10, 11, and 21 more directly addresses the need for the protection of natural resources through the land use planning program. These protections may be in the form of map overlay districts, planned development review, or standards and regulations. Topic 8: Transportation Policy 8.1.4 SET AND MAINTAIN TRANSPORTATION PERFORMANCE MEASURES THAT: a. SET A MINIMUM INTERSECTION LEVEL OF SERVICE STANDARD FOR THE CITY OF TIGARD AND REQUIRES ALL PUBLIC FACILITIES TO BE DESIGNED TO MEET THIS STANDARD. b. SET PARKING RATIOS TO PROVIDE ADEQUATE PARKING, WHILE PROVIDING AN INCENTIVE TO LIMIT THE USE OF THE SINGLE OCCUPANT VEHICLE. c. ENCOURAGE WORKING WITH OTHER TRANSPORTATION PROVIDERS IN WASHINGTON COUNTY, INCLUDING TRI-MET, METRO AND ODOT TO STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 15 OF 35 S • DEVELOP, OPERATE AND MAINTAIN INTELLIGENT TRANSPORTATION SYSTEMS,INCLUDING COORDINATION OF TRAFFIC. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 1, 2, 3, 8, and 9. Policies 1, 2, and 3 ensure that City actions are consistent with Comprehensive Plan policies, state and regional requirements, and are coordinated with other affected agencies and jurisdictions. Policies 8 and 9 require development to meet transportation performance criteria and also outline the financing mechanisms to pay for the improvements needed to meet the criteria. Policy 8.1.7 IMPLEMENT THE TRANSPORTATION SYSTEM PLAN (TSP) IN A COORDINATED MANNER BY COORDINATING AND COOPERATING WITH ADJACENT AGENCIES (INCLUDING WASHINGTON COUNTY, BEAVERTON,TUALATIN, LAKE OSWEGO, CITY OF PORTLAND,TRI- MET, METRO AND ODOT) WHEN NECESSARY TO DEVELOP TRANSPORTATION PROJECTS WHICH BENEFIT THE REGION AS A WHOLE IN ADDITION TO THE CITY OF TIGARD. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policy 3. Policy 3 requires the City to coordinate its land use program,which includes the important component of transportation planning,with surrounding jurisdictions and agencies. Transportation planning is coordinated by Metro and their Regional Transportation Plan,which the Tigard Transportation System Plan is required to comply with,including land use patterns that are assumed in these plans. Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. * Most intense use allowed by the conditions of approval,the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 16 OF 35 • • TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 8, 9, and 12. Policies 8 and 9 outline development's commitment and requirement for ensuring available public facilities and the mechanisms that may be used to fund these improvements. Policy 12 directs the City's planning efforts regarding the provision of public facilities and services within its Urban Planning Area. Topic11: Special Areas of Concern 11.2.1 ASH AVENUE SHALL BE EXTENDED ACROSS FANNO CREEK, ENABLING ACCESS TO THE NEIGHBORHOODS AND COMMERCIAL AREA WITHOUT USING PACIFIC HIGHWAY. DESIGN FEATURES SHALL BE USED TO SLOW TRAFFIC AND MAKE THE STREET AS SAFE AS POSSIBLE. ASH AVENUE SHALL BE DESIGNATED AS A MINOR COLLECTOR IN CONFORMANCE WITH THE MASTER STREET PLAN. DESIGN FEATURES AND MITIGATION MEASURES SHALL HOLD TRAFFIC VOLUMES TO THE MIDDLE LIMITS OF A MINOR COLLECTOR. 11.2.2 IMPROVEMENTS TO S.W.ASH AVENUE FROM S.W. HILL TO FANNO CREEK SHALL BE CONSTRUCTED AS A CONDITION OF DEVELOPMENT OF ADJACENT PROPERTIES. [THE] STREET IMPROVEMENTS ALONG WITH THE DEVELOPMENT OF A MAJOR COMMERCIAL SITE WILL INCREASE TRAFFIC ON ASH. A BARRICADE SHALL BE PLACED AT HILL STREET APPROXIMATELY AT THE END OF THE EXISTING PAVEMENT TO PROTECT [THE] NEIGHBORHOOD RESIDENTS FROM THE COMMERCIAL TRAFFIC. 11.2.3 METHODS OF MITIGATING THE TRAFFIC IMPACT ON THE NEIGHBORHOOD SHALL INCLUDE, IN THE FOLLOWING ORDER OF IMPROVEMENT, CONSTRUCTION: a. IMPROVING S.W. MCDONALD STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE TRAFFIC FROM SOUTH OF MCDONALD TO USE MCDONALD TO EXIT TO HALL AND/OR PACIFIC HIGHWAY; b. IMPROVEMENTS TO THE RESIDENTIAL PORTION OF ASH FROM HILL TO FREWING. THESE IMPROVEMENTS COULD INCLUDE LIMITED PARKING, DELINEATION OF TRAFFIC LANES AND SIDEWALKS ON ONE OR BOTH SIDES OF THE STREET; c. EXTENSION OF S.W.HILL TO S.W. O'MARA AND/OR IMPROVEMENT OF S.W. ASH FROM FREWING TO GARRETT; d. EXTENSION OF S.W. O'MARA TO S.W. HILL PARALLEL TO S.W.ASH; e. REMOVAL OF THE BARRICADE IN PLACE ON ASH AVENUE AT S.W.HILL; f. IMPROVEMENT OF S.W. O'MARA STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE AN ALTERNATE ROUTE; g. INSTALLATION OF TRAFFIC INHIBITORS TO THE RESIDENTIAL PORTION OF ASH IF AND WHEN TRAFFIC VOLUMES EXCEED THE MIDDLE RANGE FOR A MINOR COLLECTOR. TRAFFIC INHIBITORS INCLUDE BUT ARE NOT LIMITED TO PLANTING ISLANDS, SPEED BUMPS, BUTTONS, TURNING RESTRICTIONS,LOAD LIMITS AND ENFORCEMENT. 11.3.1 THE CITY SHALL CONSIDER THE FOLLOWING WHEN PREPARING STREET IMPROVEMENT PLANS THAT AFFECT S.W. 121ST AVENUE OR GAARDE STREET. a. THE IMPACT ON THE EXISTING RESIDENTIAL STRUCTURES AND THE ALTERNATIVES WHICH HAVE THE MINIMUM ADVERSE EFFECT IN TERMS OF: 1. REDUCING THE DISTANCE BETWEEN THE DWELLING AND THE STREET;AND 2. NOISE IMPACTS. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 17 OF 35 • • b. THE EFFECT THE IMPROVEMENT WILL HAVE ON THE TRAFFIC FLOW AND THE POSSIBLE NEGATIVE EFFECTS ON OTHER STREET INTERSECTIONS. c. MINIMIZING THE USE OF THESE STREETS AS PART OF THE ARTERIAL SYSTEM FOR THROUGH TRAFFIC. 11.3.2 THE CITY OF TIGARD SHALL WORK WITH OTHER GOVERNMENTAL BODIES FOR THE DEVELOPMENT OF AN ARTERIAL ROUTE CONNECTION FROM MURRAY BOULEVARD OR SCHOLLS FERRY ROAD TO PACIFIC HIGHWAY. THIS ARTERIAL ROUTE SHOULD BE LOCATED WEST OF BULL MOUNTAIN, AND SHOULD NOT UTILIZE ROADS WHICH PASS THROUGH EXISTING RESIDENTIAL AREAS WITHIN TIGARD. 11.4.1 IN THE TIGARD TRIANGLE (I.E. THAT AREA BOUNDED BY PACIFIC HIGHWAY, HIGHWAY 217, AND THE INTERSTATE 5 FREEWAY), IN THE MIXED USE EMPLOYMENT ZONE, HIGH DENSITY RESIDENTIAL DEVELOPMENT (I.E., 25 UNITS PER ACRE)SHALL BE A USE ALLOWED OUTRIGHT. 11.5.1 THE CITY SHALL REQUIRE BUFFERING AND SCREENING BETWEEN RESIDENTIAL AREAS AND ADJOINING INDUSTRIAL AREAS AS A PRECONDITION TO DEVELOPMENT APPROVAL AS FOLLOWS: a. ALL BUILDINGS ON INDUSTRIAL LAND SHALL BE SET BACK A DISTANCE OF 50 FEET FROM ANY PROPERTY LINE WHICH ABUTS A RESIDENTIALLY PLANNED AREA; b. THE SITE PLAN SHALL PROVIDE FOR THE LEAST INTENSIVE PROPOSED USES ON THE SITE IN THE AREAS WHICH ABUT AN ADJOINING RESIDENTIAL PLANNED AREA;AND c. BUFFERING AND SCREENING SHALL BE PROVIDED WITHIN THE 50-FOOT SETBACK AREA AS PROVIDED BY THE STANDARDS CONTAINED IN POLICY 6.6.1. IT IS NOT THE INTENT OF THIS SUBSECTION TO REQUIRE THE ENTIRE 50 FEET TO BE LANDSCAPED PROVIDED THE STANDARDS IN 6.6.1 ARE MET IN WHICH CASE A PORTION OF THE BUFFER AREA MAY BE USED FOR PARKING;EXCEPT 1. NO STRUCTURE, PAVEMENT OR DEVELOPMENT MAY BE LOCATED WITHIN THE 50-FOOT SETBACK AREA SURROUNDING THE ROLLING HILLS SUBDIVISION EXCEPT LOTS#39,40,41,42,AND 43;AND 2. ALL EXISTING VEGETATION SHALL BE RETAINED AND MAINTAINED WITHIN THE 50-FOOT SETBACK AREA SURROUNDING THE ROLLING HILLS SUBDIVISION EXCEPT BEHIND LOTS#39,40,41, 42,AND 43 WHERE SECTION 18.100.130,THE BUFFER MATRIX,APPLIES AND 18.100.080 APPLIES. 11.6.1 DESIGNATE AS ACTION AREAS CONCENTRATIONS OF GENERAL COMMERCIAL, LIGHT INDUSTRIAL, MEDIUM, MEDIUM-HIGH, AND HIGH DENSITY RESIDENTIAL WHERE THE FOLLOWING CRITERIA ARE MET. a. THE AREA IS GENERALLY WITHIN ONE-QUARTER MILE OF A MAJOR TRANSIT CENTER OR TRUNK ROUTE. b. AREAS WITH EXISTING USES WHICH ARE FREQUENTED BY PEDESTRIANS, OR VACANT LAND WHICH COULD SUPPORT USES WHICH WOULD BE PATRONIZED BY PEDESTRIANS AND/OR TRANSIT RIDERS. c. AREAS WHICH ARE CURRENTLY AUTOMOBILE ORIENTED MAY BE INCLUDED IN ANTICIPATION OF A CHANGE OF USE OR REDESIGN OF PEDESTRIAN WAYS TO BETTER INTEGRATE THE USE INTO THE ACTION AREA. 11.6.2 DETERMINE PERMITTED USES THROUGH ZONING. FURTHER REGULATION OF USES IN ACTION AREAS SHALL BE ACCOMPLISHED WITH AN OVERLAY ZONE WHICH LIMITS SPECIFIC AUTOMOBILE ORIENTED USES AS PERMITTED USES AND ENCOURAGES A HIGHER LEVEL OF USES WHICH ARE PEDESTRIAN AND STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 18 OF 35 PUBLIC TRANSIT ORIENTED. 11.6.3 REQUIRE THAT ALL DEVELOPMENT PERMITTED IN ACTION AREAS BE DESIGNED TO FACILITATE PEDESTRIAN MOVEMENT WITHIN THE CENTER AND TO TRANSIT. 11.6.4 REVIEW AND UPDATE CITY PARKING ORDINANCES TO RECOGNIZE PARKING NEEDS IN ACTION AREAS. 11.6.5 DEVELOP A DESIGN PLAN FOR EACH ACTION AREA TO PROVIDE GUIDANCE FOR FINANCING PUBLIC IMPROVEMENTS AND INTEGRATING VARIOUS LAND USES. PLANS FOR AUTOMOBILE, TRANSIT, PEDESTRIAN AND BICYCLE CIRCULATION, OPEN SPACE, STORM DRAINAGE, SEWERAGE AND LIGHTING WILL BE INCLUDED. THE CITY WILL HAVE THE PRIMARY RESPONSIBILITY FOR DEVELOPING THE DESIGN PLAN BUT WILL COORDINATE WITH OREGON DEPARTMENT OF TRANSPORTATION AND TRI-MET. 11.6.6 DEVELOPMENT IN THE ACTION AREAS MAY BE SUBJECT TO SPECIAL CIRCULATION AND DESIGN CONSIDERATIONS DURING DESIGN REVIEW PRIOR TO COMPLETION OF THE DESIGN PLANS. 11.6.7 ENCOURAGE FORMATION OF LOCAL IMPROVEMENT DISTRICTS OR OTHER SUITABLE PROGRAMS FOR EACH ACTION AREA TO FINANCE IMPLEMENTATION OF THE DESIGN PLANS. 11.9.1 THE CONCEPTS AND PRINCIPLES CONTAINED IN THE WASHINGTON SQUARE REGIONAL CENTER PLAN SHALL PROVIDE THE OVERALL GUIDING FRAMEWORK FOR MORE DETAILED IMPLEMENTING ACTIONS FOR THE AREA. THE IMPLEMENTING ACTIONS INCLUDE AT A MINIMUM: a. Comprehensive plan map and zoning map amendments including transportation plan. b. A public facilities plan for the area including a financing plan. c. A transportation improvement plan for the area including a financing plan. d. A parks and open space plan for the area including a financing plan. e. A recognition of the Regional Center Boundary for the purpose of establishing local, regional and state funding priority in order to accomplish the concepts and principles of the plan. 11.9.2 THREE DISTINCT TYPES OF MIXED USE DISTRICTS SHALL BE ESTABLISHED FOR THE WASHINGTON SQUARE REGIONAL CENTER. THESE DISTRICTS ARE: a. MIXED USE COMMERCIAL DISTRICTS (MUC). THE REGIONAL CENTER PLAN RECOMMENDS THAT LAND AROUND THE WASHINGTON SQUARE MALL AND LAND IMMEDIATELY WEST OF HIGHWAY 217 BE DESIGNATED A MIXED USE COMMERCIAL DISTRICT. PRINCIPAL DEVELOPMENT IN THESE AREAS WILL BE OFFICE BUILDINGS, RETAIL AND SERVICE USES. A ZONING DESIGNATION OF MUC WILL ALSO ALLOW MIXED-USE DEVELOPMENT AND HOUSING AT DENSITIES OF 50 UNITS AN ACRE. MUC DISTRICTS WILL ENCOURAGE LARGER BUILDINGS WITH PARKING UNDER,BEHIND OR ALONGSIDE THE STRUCTURES. b. MIXED USE EMPLOYMENT DISTRICT (MUE). MIXED USE EMPLOYMENT DISTRICTS REFER TO AREAS WITH CONCENTRATIONS OF OFFICE, RESEARCH AND DEVELOPMENT, AND LIGHT MANUFACTURING INDUSTRIAL USES. COMMERCIAL AND RETAIL SUPPORT USES ARE ALLOWED, BUT ARE LIMITED. THE ZONING WILL PERMIT RESIDENTIAL DEVELOPMENT COMPATIBLE WITH THE DISTRICT'S EMPLOYMENT CHARACTER. LINCOLN CENTER IS AN EXAMPLE OF AN AREA DESIGNATED MUE-1, THE HIGH DENSITY MIXED-USE EMPLOYMENT DISTRICT. THE NIMBUS AREA IS DESIGNATED MUE-2, REQUIRING MORE MODERATE DENSITIES. c. MIXED USE RESIDENTIAL DISTRICTS (MUR). THE MUR DESIGNATION IS STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 19 OF 35 APPROPRIATE FOR PREDOMINANTLY RESIDENTIAL AREAS WHERE MIXED USES ARE PERMITTED WHEN COMPATIBLE WITH THE RESIDENTIAL USE. AREAS WILL BE DESIGNATED HIGH DENSITY (MUR-1) OR MODERATE DENSITY(MUR-2). 11.9.3 NECESSARY PUBLIC FACILITIES INCLUDING SEWER, WATER AND DRAINAGE FACILITIES, SHOULD BE IN PLACE OR PLANNED TO BE CONSTRUCTED IN TIME TO SUPPORT NEW DEVELOPMENTS. 11.9.4 NECESSARY TRANSPORTATION FACILITIES, AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT, SHOULD BE IN PLACE OR PLANNED TO BE CONSTRUCTED IN TIME TO SUPPORT NEW DEVELOPMENTS. 11.10.1 THE CITY OF TIGARD WILL CONTINUE TO WORK WITH WASHINGTON COUNTY AND THE CITY OF TUALATIN TO HELP ASSURE THAT DEVELOPMENT WITHIN THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA PROVIDES A HIGH QUALITY URBAN ENVIRONMENT THAT EMPHASIZES PEDESTRIAN CONNECTIVITY. 11.10.2 THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA SHALL BE SUBJECT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUALATIN WHICH WOULD AUTHORIZE THE CITY OF TUALATIN TO MAKE LAND USE AND BUILDING PERMIT DECISIONS FOR THE PORTION OF THE QUARRY SITE WITHIN TIGARD. 11.10.3 A UNIQUE MIXED USE DISTRICT HAS BEEN ESTABLISHED FOR THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA KNOWN AS MUC-1. 11.10.4 THE MUC-1 DISTRICT IS INTENDED TO PROMOTE DEVELOPMENT WHICH ALLOWS A MIX OF USES, INCLUDING RETAIL, SERVICES, OFFICE AND RESIDENTIAL. THE MIXED USE COMMERCIAL DESIGNATION SHOULD ENCOURAGE DEVELOPMENTS THAT ALLOWS PEOPLE TO WORK, SHOP AND LIVE IN A COMPACT,PEDESTRIAN-ORIENTED COMMUNITY. 11.10.5 NECESSARY PUBLIC FACILITIES INCLUDING SEWER, WATER AND DRAINAGE FACILITIES, SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED, IN TIME TO SUPPORT NEW DEVELOPMENT. 11.10.6 NECESSARY TRANSPORTATION FACILITIES, AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT, SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED,IN TIME TO SUPPORT NEW DEVELOPMENT. Findings: Current Comprehensive Plan Policies 11.2.1, 11.2.2, 11.2.3, 11.3.1, 11.3.2, 11.4.1, 11.5.1, 11.6.1, 11.6.2, 11.6.3, 11.6.4, 11.6.5, 11.6.6, 11.6.7, 11.9.1, 11.9.2, 11.9.3, 11.9.4, 11.10.1, 11.10.2, 11.10.3, 11.10.4, 11.10.5, and 11.10.6 will be deleted and replaced in their entirety by proposed amendment Goal 2.1 and the associated Policies (see Exhibit A). The City has found that these policies are no longer needed as they were primarily used as guiding principles in developing Community Development Code regulations or have been incorporated into other City adopted plans, such as the Transportation System Plan and the Washington Square Regional Center Plan. Removing this language from the Comprehensive Plan will help to streamline the updated land use program, while at the same time ensuring the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 2 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a March 17, 2008 workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE='PLANNING GOAL 2 PAGE 20 OF 35 • • Topic 12: Locational Criteria 12.1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE LOCATIONAL CRITERIA;AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. The following criteria will apply to the four residential densities: 1. Low Density Residential. A. The following areas are designated low density residential on the plan map: (1) Areas which are committed to low density development and not shown on the "buildable lands inventory" as vacant land; (2) Areas where street facilities are limited to collectors and local streets; (3) Areas having development limitations due to the topography, soil characteristics, drainage,high water table or flooding;and (4) Areas with limited capacity for development in terms of facilities and services such as: (a) Facilities: (i) Sewer (ii) Water (iii) Drainage (iv) Schools (b) Services: (i) Police (ii) Fire (iii) Health B. The following factors will be determinants of the density ranges allowed through zoning in low density residential: (1) Areas which have been historically developed with large lots and which are determined to be committed land "on the buildable lands inventory" will remain zoned consistent with the existing development pattern; (2) The capacity of facilities and services; (3) Areas within walking distance of transit should be zoned for smaller lots;and (4) Areas within close proximity to jobs, commercial areas and public facilities and services should be zoned for smaller lots. 2. Medium Density Residential A. The following factors will be the determinants of the areas designated for medium density on the plan map: (1) Areas which are not committed to low density development; (2) Areas which have direct access from collector or arterial streets; (3) Areas which are not subject to development limitations such as topography, flooding, poor drainage; (4) Areas where the existing facilities have the capacity for additional development; (5) Areas within one-half mile of public transportation;and (6) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas; B. The following factors will be determinants of density ranges allowed through zoning in the medium density planned area: (1) The density of development in areas historically zoned for medium density development; (2) The topography and natural features of the area and the degree of possible buffering from established low density residential areas; (3) The capacity of the services; (4) The distance to the public transit; (5) The distance to neighborhood or general commercial centers and office business centers; and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 21 OF 35 • (6) The distance from public open space. 3. Medium-High and High Density Residential A. The following factors will be the determinants of the areas designated for high density on the plan map: (1) Areas which are not committed to low density development; (2) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas; (3) Areas which have direct access from a major collector or arterial street; (4) Areas which are not subject to development limitations; (5) Areas where the existing facilities have the capacity for additional development; (6) Areas within one-quarter mile of public transit; (7) Areas within one-quarter mile from neighborhood and general commercial shopping centers or business and office centers;and (8) Areas adjacent to either private or public permanent open space. B. The following factors will be determinants of the density ranges allowed in the medium-high and high density planned areas should the City adopt more than one high density zone: (1) The topography and natural features of the area and the degree of possible buffering from established low density residential areas; (2) The capacity of the services; (3) The distance from public transit;and (4) The relationship of the site to existing neighborhood and general commercial centers and office and business centers. 12.2.1 THE CITY SHALL: a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE,ITS SIZE AND REQUIRED TRADE AREA. b. APPLY ALL APPLICABLE PLAN POLICIES. c. APPLY THE APPROPRIATE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE OF THE PROJECT. 1. Neighborhood Commercial Neighborhood commercial centers are intended to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops and repair shops. The range of uses is limited to those uses which can be sustained by a limited trade area. A. Scale (1) Trade Area. Up to 5000 people. (2) Site Size. Two acre maximum. (3) Gross Leasable Area. Varies. B. Locational Criteria (1) Spacing and Location (a) The service area radius for a neighborhood commercial center shall be at least one-half[of a] mile. (b) Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection,to one side of the street. (2) Access (a) The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. (b) The site shall have direct access from one of the following: (i) An arterial;or (ii) A collector street which will not direct traffic through local neighborhood streets. (3) Site Characteristics STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 22 OF 35 • (a) The site shall be of a size which can accommodate [the] present and future uses, but shall not exceed two acres. (4) Impact Assessment (a) The scale of the project shall be compatible with the surrounding uses. (b) Site configuration and characteristics, and relationship to the street system, shall be such that privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique features into the site design and development plan. (d) Associated lights, noise and activities shall not interfere with adjoining non-residential uses. 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail,service,wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale (1) Trade Area. Varies. (2) Site Size. Depends on development. (3) Gross Leasable Area. Varies. B. Locational Criteria (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and projected traffic volumes, the speed limit, number of turning movements and the traffic generating characteristics of the various types of uses. (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (4) Impact Assessment (a) The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non-residential uses. 3. Commercial Professional Commercial Professional areas are intended for a diverse range of office uses and supportive uses and to promote user convenience throughout the City. A. Scale (1) Trade area. Varies (2) Site size. Varies (3) Gross leasable area. Varies B. Locational Criteria (1) Spacing and Location (a) The Comprehensive Plan map fixes exact boundaries of the commercial professional area. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 23 OF 35 • (b) The commercial professional area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed use or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on [the] street capacity, existing and projected traffic volumes, the speed limit, number of turning movements and the traffic generating characteristics of the various types of uses. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected needs. (b) The site shall have high visibility. (4) Impact Assessment (a) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (b) It shall be possible to incorporate the unique site features into the site design and development plan. (c) Associated lights, noise and activities shall not interfere with adjoining non-residential uses. 4. Community Commercial The community commercial Plan designation is intended to provide locations for retail and service uses which have a primarily neighborhood orientation. Such facilities should be located so that their frequency and distributional pattern reflect their primary neighborhood orientation. Such facilities should not be so large or so broad in scope and services as to attract substantial amounts of trade from outside of surrounding neighborhoods, and shall be large enough to provide a variety of goods and services at one location. It is further the intent of this designation to restrict the size of such facilities and that the community commercial plan designation should not be located in close proximity to other commercial areas so as to avoid the appearance and feeling of typical commercial strip development. A. Scale (1) Trade Area: Surrounding residential and neighborhoods generally within a 1 and 1/2 mile radius. Trade Area Density: The surrounding area potential residential density within one-half mile of a site to be designated for community commercial development shall average at least eight units per acre (as determined by the zoning of properties within one-half mile of the community commercial site. The intention of this criterion is to locate community commercial sites within a relatively short distance of a significant number of potential frequent users of the establishments within the commercial center. This also will provide the residents of the surrounding area with an opportunity to provide for their commercial and service needs within a distance that is reasonable for walking or bicycling. Lesser residential densities may or may exist within the assumed trade area at further distances from the site. (2) Gross Floor Area. 30,000 to 100,000 square foot gross commercial floor area. Food sales up to 40,000 square foot per establishment; General retail sales up to 10,000 square foot per establishment as permitted uses; Other commercial sales and services facilities shall be allowed up to 5,000 square foot in size per establishment. B. Locational Criteria (1) Spacing and Location (a) Commercial development shall be limited to one quadrant of a street intersection. (b) Community commercial districts shall be spaced at least one-half mile from other sites which area designated for commercial retail use. Special consideration may also be given to providing a similar separation from non-commercially designated sites that involve retail use as part of a mixed use development, or to provide less than the minimum separation for commercially designated sites which are developed with non-retail uses. (2) Access (a) The proposed community commercial district shall not be anticipated to create traffic congestion or a traffic safety problem. Such a determination shall be based STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 24 OF 35 • on the capacity of adjacent streets,existing and projected traffic volumes,roadway geometry of adjacent streets, number of turning movements, and the traffic generating characteristics of the most intensive uses allowed in the zone. (b) The site shall be located along an arterial or a major collector street as designated on the Comprehensive Plan Transportation Map. Sites should either be located at or adjacent to an intersection of a major or minor collector street with an arterial or at the intersection of two major collector streets. (3) Site Characteristics (a) The site shall be a minimum of two acres in size and a maximum of eight acres in size. (4) Impact Assessment (a) The scale and intensity of the project shall be compatible with surrounding uses and consistent with the provisions of this plan. Such compatibility and consistency shall be accomplished through the approval of a Site Development Review application contemporaneous with, and a part of, the approval of a zone change to the community commercial designation. The site plan approval may include conditions relating to site and building development through conditions of approval of a zone change for the site. Such considerations may include, but are not limited to, any of the site building and design guidelines deemed appropriate to become mandatory, access limitations, special setbacks, increased landscaping or buffering,limits on off-street parking spaces,coordinated building design, special design considerations for pedestrian and bicyclist access and safety and other building and site design standards imposed by the City in the plan amendment or rezoning process. Any major modification to the site plan, as determined by the Community Development Code, shall be processed as a zone change. Other modifications shall be processed in accordance with existing Code provisions. (b) It is generally preferable that a community commercial site be developed as one unit with coordinated access, circulation, building design, signage, and landscaping. Parcels within a community commercial site, however, may be developed independently although the City may require that developmental aspects of individual parcels be coordinated through the development review process. (c) Convenient pedestrian and bicyclist access to a development site from adjoining residential areas shall be provided where practical. Local street connections between community commercial sites and adjoining neighborhoods shall be considered on a case-by-case basis. The site configuration and characteristics and relationship to the street system shall be such that privacy of adjacent non-commercial uses can be maintained. (d) Access needs of individual parcels and uses shall be coordinated within a site so as to limit the number of access driveways to adjacent streets. (e) Unique features of the site should be incorporated into the site development plan. (f) Exterior lighting, noise, and activities associated with the Community Commercial district shall be controlled or mitigated so that they do not adversely affect adjacent residential uses and comply with any applicable provisions of the Tigard Municipal Code regulating noise, light, and nuisances. Operating hour restrictions may be placed on uses within the district, either through restrictions within the zoning district regulations or through conditions of approval of a Plan map amendment for a particular site. 12.3.1 THE CITY SHALL REQUIRE THAT: a. SITES FOR HEAVY INDUSTRIAL DEVELOPMENT SHALL BE: (1) SEPARATED BY TOPOGRAPHY ESTABLISHED BUFFERS, TRANSPORTATION OR OTHER NON-RESIDENTIAL LAND USES FROM RESIDENTIALLY DEVELOPED AREAS. (2) LOCATED IN AREAS HAVING RAIL SERVICE, ARTERIAL OR MAJOR COLLECTOR ACCESS. b. SITES FOR LIGHT INDUSTRIAL DEVELOPMENT SHALL BE: (1) BUFFERED FROM RESIDENTIAL AREAS TO ENSURE THAT PRIVACY STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 25 OF 35 S AND THE RESIDENTIAL CHARACTER OF THE AREA ARE PRESERVED. (2) LOCATED ON AN ARTERIAL OR COLLECTOR STREET AND THAT INDUSTRIAL TRAFFIC SHALL NOT BE CHANNELED THROUGH RESIDENTIAL AREAS. c. THE SITE SHALL BE OF A SIZE AND SHAPE WHICH WILL PROVIDE FOR THE SHORT AND LONG RANGE NEEDS OF THE USE. d. THE LAND INTENDED FOR DEVELOPMENT SHALL HAVE AN AVERAGE SITE TOPOGRAPHY OF LESS THAN 6% GRADE, OR THAT IT CAN BE DEMONSTRATED THAT THROUGH ENGINEERING TECHNIQUES ALL LIMITATIONS TO DEVELOPMENT AND THE PROVISION OF SERVICES CAN BE MITIGATED. e. IT CAN BE DEMONSTRATED THAT ASSOCIATED LIGHTS, NOISE AND OTHER EXTERNAL EFFECTS WILL NOT INTERFERE WITH THE ACTIVITIES AND USES ON SURROUNDING PROPERTIES. f. ALL OTHER APPLICABLE PLAN POLICIES CAN BE MET. 12.4.1 THE CITY SHALL PROVIDE FOR THE LOCATION OF COMMUNITY FACILITIES IN A MANNER WHICH ACCORDS WITH: a. THE APPLICABLE POLICIES IN THIS PLAN; b. THE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE AND STANDARDS OF THE USE. 1. Minor Impact Utilities and Facilities A. Locational Criteria (1) Access (a) Access to a minor impact,utility or facility may be from a local street provided: (i) Site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (2) Impact of the Proposed Change on Adjacent Lands (a) The use shall be allowed provided: (i) Associated lights and noise will not interfere with the activities and uses on surrounding properties; (ii) Large scale construction and parking lots can be buffered from the adjacent uses; (iii) Privacy of adjacent residential developments can be maintained; (iv) Community identity can be maintained through design and site layout which blends the structure into the residential character of the area;and (v) Buffering can be used to screen the project from adjacent uses. (3) Site Characteristics (a) The use shall be allowed provided: (i) The unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses; (ii) The land intended for development has an average site topography of less than 25% grade, or it can be demonstrated that through engineering techniques,all limitations to development and the provision of services can be mitigated; (NOTE: This does not apply to parks.) (iii) The site is of a size which can accommodate [the] present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. 2. Medium Impact Utilities and Facilities A. Locational Criteria (1) Access (a) There is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) Site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) There is public transit within one-quarter mile of the site. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 26 OF 35 • (2) Impact of the Proposed Change on Adjacent Lands (a) It is compatible with surrounding uses,considering scale,character and use. (b) It will reinforce orderly and timely development. (c) Associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) Large scale construction and parking lots can be buffered from the adjacent uses. (e) Privacy of adjacent residential developments can be maintained. (1) The site layout can respond to existing community identity and street patterns. (g) Buffering can screen the project from adjacent uses. (h) There is adequate area landscaping to filter the dust from the site area. (3) Site Characteristics (a) The land intended for development has an average site topography of less than a 10% grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (Note: This does not apply to parks.) (b) The site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) The unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses. 3. High Impact Utilities and Facilities A. Scale (1) Access (a) There is direct access from the site to a major collector street and traffic will not be routed through local neighborhood streets. (b) Site access will not cause dangerous intersections or traffic congestion, considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) There is public transit to the site. (2) Impact of the Proposed Change on Adjacent Lands (a) It is compatible with surrounding uses,considering scale,character and use. (b) It will reinforce orderly and timely development. (c) Associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) Large scale construction and parking lots can be buffered from the adjacent uses. (e) Privacy of adjacent residential developments can be maintained. (f) Community identity can be maintained through design and site layout which blends the structure into the residential character of the area. (g) Buffering can screen the project from adjacent uses. (h) There is adequate landscaping to filter the dust from the site area. (3) Site Characteristics (a) The land intended for development has an average site topography of less than a 10% grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (b) The unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses. (c) The site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. 4. Major Impact Utilities and Facilities A. Locational Criteria (1) Access (a) There is direct access from the site to an arterial or freeway. Traffic will not be routed through local neighborhood streets. (b) Site access will not cause dangerous intersections or traffic congestion, considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) There is public transit to the site. (2) Impact of the Proposed Change on Adjacent Lands STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 27 OF 35 S (a) It is compatible with surrounding uses,considering scale,character and use. (b) It will reinforce orderly and timely development. (c) Associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) Large scale construction and parking lots can be buffered from the adjacent uses. (e) Privacy of adjacent residential developments can be maintained. (f) Community identity can be maintained through design and site layout which blends the structure into the residential character of the area. (g) Buffering can screen the project from adjacent uses. (h) There is adequate landscaping to filter the dust from the site area. (i) Development can support and/or be compatible with the surrounding developments. (3) Site Characteristics (a) The land intended for development has an average site topography of less than a 10% grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (b) The unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses. (c) The site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE PURPOSE STATEMENTS;AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. 1. Mixed Use Commercial A. The purpose of the Mixed Use Commercial(MUC)land use designation is: 1. To create a dense mixed-use commercial district that forms the commercial core of the Washington Square Regional Center; 2. To create a high quality, mixed use commercial district, in conjunctions with the City of Tualatin,on the site of the former Durham Quarry. (Rev.Ord.01-07) 3. To provide opportunities for major retail goods and services, office employment, and housing in close proximity,and with good access to transportation services; 4. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. 2. Mixed Use Employment A. The purpose of the Mixed Use Employment(MUE) land use designation is: 1. To create a mixed-use employment district that is complementary to the rest of the community and the region; 2. To provide opportunities for employment and for new business and professional services in close proximity to retail centers and major transportation facilities; 3. To provide for major retail goods and services accessible to the general public, and minor retail goods and services accessible to the public which works and lives within the MUE district; 4. To provide for groups and businesses in centers; 5. To provide for residential uses which are compatible with and supportive of retail and employment uses; 6. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center and Employment within the City of Tigard. 3. Mixed Use Residential A. The purpose of the Mixed Use Residential(MUR) land use designation is: 1. To create moderate and high density mixed use residential districts in close proximity to other mixed-use districts; 2. To provide opportunities for a variety of housing types and densities, and to STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STA I'EWIDE PLANNING GOAL 2 PAGE 28 OF 35 • • produce that housing in ways that residents have a high degree of pedestrian amenities,recreation opportunities and access to transit; 3. To incorporate limited commercial and service uses within mixed-use projects that provide benefits and amenities to residents, but are compatible with residential uses. 4. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. 12.5.2 THE CITY SHALL APPLY A MIXED USE COMMERCIAL LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT OR TO OTHER AREAS IDENTIFIED BY THE CITY AS APPROPRIATE FOR MIXED USE COMMERCIAL DEVELOPMENT. 12.5.3 THE CITY SHALL APPLY A MIXED USE EMPLOYMENT LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER AND EMPLOYMENT IN THE METRO 2040 GROWTH CONCEPT. 12.5.4 THE CITY SHALL APPLY A MIXED USE RESIDENTIAL LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT. Findings: Current Comprehensive Plan Policies 12.1.1, 12.2.1, 12.3.1, 12.4.1, 12.5.1, 12.5.2, 12.5.3, and 12.5.4, will be deleted and replaced in their entirety by proposed amendment Goal 2.1 and the associated Policies (see Exhibit A). The City has found that the details included in these policies are no longer needed. This is due to a number of factors including the amount of developable land decreasing over the years, City compliance with state housing regulations, and the City's implementation of the Metro Functional Plan. Additionally, much of the detailed language has been implemented and is no longer valid or has been incorporated into the Community Development Code. This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 2 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a March 17, 2008 workshop. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 1: Requirements for Housing and Employment Accommodation— use of land within the UGB efficiently by increasing the capacity to accommodate housing and employment. Findings: Goal 2.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. Policies 1, 2, 3, 4, and 5 clearly outline the City's commitment to implementing the Functional Plan thru coordination with its regional partners, and providing opportunities to ensure the efficient use of land, particularly in Metro designated centers, corridors, and employment and industrial areas. During the formulation of the Functional Plan, the City agreed to accommodate an additional 6,308 housing units and 17,801 jobs. Significant progress has been made in reaching these targets and this proposed amendment will ensure the City continues to move forward in accommodating this uses. Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 29 OF 35 • • functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated with flooding. Findings: In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply with Title 3 of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood management requirements for the region. The adopted standards were based on a unified program developed by local governments in the Tualatin Basin and implemented through Clean Water Services (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and address the Clean Water Act and Endangered Species Act (ESA). The proposed amendment will continue to ensure compliance with Title 3 requirements and standards. Policies 1, 2, and 3 provide clear direction that the City of Tigard feels that coordinating with regional partners to comply with water quality regulations is very important to the community. Additionally, Policies 10, 11, and 21 further signify the City's commitment to protecting the resources that are critical to improving water quality and to flood management. Metro Urban Growth Management Functional Plan Title 6: Central City, Regional Centers, Town Centers, and Station Communities — enhance centers by encouraging development in these centers that will improve the critical roles they play in the region and by discouraging development outside centers that will detract from those roles. Findings: Goal 2.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. Policies 1, 2, 3, 4, and 5 clearly outline the City's commitment to implementing the Functional Plan thru coordination with its regional partners, and providing opportunities to ensure the efficient use of land, particularly in Metro designated centers, corridors, and employment and industrial areas. The City fully understands the need to appropriately plan land uses to reduce dependency on the automobile by ensuring access to public transit and daily services without having to travel outside of your neighborhood. Implementing the policies will also help to relieve pressures on expanding the UGB into neighboring farmland. Metro Urban Growth Management Functional Plan Title 12: Protection of Residential Neighborhoods — protect the region's residential neighborhoods from air and water pollution, noise and crime,and to provide adequate levels of public services. Findings: Goal 2.1 and its associated policies, specifically Policies 8, 9, 10, 11, 21, 23, and 24,will continue to ensure compliance with Title 12 requirements and standards. Policies 8 and 9 require the availability of public facilities be committed or available prior to development and outlines mechanisms that can be used to finance them. Policy 10 requires the City to protect public safety and welfare from hazardous conditions related to land use and Policy 21 directs the City to protect natural resources,which can help protect residential neighborhoods from air and water pollution. Policies 23 and 24 ensure development minimizes conflicts and is compatible with the neighboring land uses. All of these policies are intended to help ensure land use actions do not detract from the STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 30 OF 35 • community's residential neighborhoods. Policy 11 outlines the tools the City can employ to implement these actions. Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods - conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their flooplains in a manner that is integrated with upland wildlife habitat and with the surrounding urban landscape; and control and prevent water pollution for the protection of the public health and safety, and to maintain and improve water quality throughout the region. Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to develop a program to meet Statewide Goal 5 requirements for inventorying riparian areas and wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13 (the regional Nature in Neighborhoods program). The Tualatin Basin Fish and Wildlife Habitat Program was developed to complement Clean Water Services Design and Constructions Standards to protect the beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin. The proposed amendment will continue to ensure compliance with Title 3 requirements and standards. Policies 1, 2, and 3 provide clear direction that the City of Tigard feels that coordinating with regional partners is very important to the community. Additionally, Policies 10, 11, and 21 further signify the City's commitment to protecting the resources to comply with water quality regulations, protect fish and wildlife habitat, and preserve the floodplain that are critical to the community's well-being. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 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. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 31 OF 35 • Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the March 20, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 -Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal S-Natural Resources This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to protect natural resources, which can lead to improved habitat conditions. This policy direction is an enhancement to Goal 5 protections already in place in the community. Proposed Goal 2.1 and its associated policies (see Exhibit A), provide clear direction that natural resources are an important component of the community and the City will continue in partnership with other jurisdictions to ensure regulations and standards are being met and programs being implemented. These policies also aim to minimize development's impact upon the resources by protecting them thru the City's land use program. Statewide Planning Goal 6:Air, Water, and Land Resources Quality To maintain and improve the quality of the air,water, and land resources of the state. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to manage development to protect natural resources and their functions in improving the quality of the community's environment. Proposed Goal 2.1 and its associated policies (see Exhibit A), provide clear direction that environmental quality is an important component of the community and the City will continue in partnership with other jurisdictions to ensure standards are being met and programs being implemented. These policies aim to minimize impacts from development, particularly by planning and constructing the appropriate public facilities to maintain or improve environmental quality. Statewide Planning Goal 7:Natural Hazards To protect people and property from natural hazards. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 32 OF 35 • 110 Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to manage development to protect natural resources and develop standards and regulation to protect the health, safety, and welfare of the community from hazardous conditions. Proposed Goal 2.1 and its associated policies (see Exhibit A), provide clear direction that protecting people and property from natural hazards is an important component of the community and the City will continue in partnership with other jurisdictions to ensure standards are being met and programs being implemented. Statewide Planning Goal 9:Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to provide needed urban land uses that include commercial, office, mixed use, and industrial lands. By implementing Policy 7 and designating these uses on the City's Comprehensive Plan map, the City maintains compliance with the goal. Statewide Planning Goal 10:Housing To provide for the housing needs of citizens of the state. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to provide needed urban land uses that include residential and mixed use lands. By implementing Policy 7 and designating these uses on the City's Comprehensive Plan map, the City maintains compliance with the goal. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to plan for and manage the provision of public facilities and services for new and existing development. Policies 8 and 9 provide the key language that requires development to commit or make available the appropriate facilities and services and also provides options for financing these improvements. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to plan for and manage the provision of public facilities and services, which includes transportation, for new and existing development. Policies 8 and 9 provide the key language that requires development to commit or make available the appropriate facilities and services and also provides options for financing these improvements or impacts upon the existing facilities from the development. Statewide Planning Goal 14: Utbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: The proposed amendment is consistent with this goal as it provides policy direction STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 33 OF 35 I l • that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Engineering Division, Current Planning Division, Library Department, Administrative Department, Financial and Information Technology Departments, Public Works Department, and Police Department has had an opportunity to review this proposal and did not respond. CONCLUSION: Based on no response from City staff, staff finds the proposed amendment does not interfere with the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Durham City of Beaverton City of King City City of Lake Oswego City of Portland City of Tualatin Clean Water Services Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1, District 2A Tualatin Valley Fire & Rescue CONCLUSION: Based on no response from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 34 OF 35 • • SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. SU - March 31. 2008 PREPARED BY: Darren Wyss / DATE Associate Planner / / I ‘tai��� / March 31. 2008 APPROVED BY: 'on Bunch DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00001 STATEWIDE PLANNING GOAL 2 PAGE 35 OF 35 S • EXHIBIT A Land Use Planning Land use planning influences the type and character of development in Tigard, as well as the City's ability to provide and sustain essential urban services. The type, quality, and amount of new development and its required urban services can affect attainment of community objectives such as quality of life, sense of place and uniqueness, and a strong local economy. The Comprehensive Plan and its implementing regulations are important policy and regulatory tools needed to achieve the above, and other, community objectives.They are also essential to guide cooperation, coordination, and partnerships with other governments and agencies that have a stake in the overall well-being of the Portland Metro Region. The goals and policies contained in this chapter, as well as all chapters in the Tigard Comprehensive Plan, establish the legislative policy basis for Tigard's land use planning program. The program includes the Community Development Code,regulatory maps, special area plans, etc. In addition, these policies establish important criteria to be used when initiating regulatory changes or reviewing and developing code, map, and policy amendments. The policies also provide guidance on when and how to update the Comprehensive Plan and state the City's commitment to coordinating the development and maintenance of its land use program with other affected agencies and jurisdictions. Goal 2: Land Use Planning "To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions." Statewide Planning Goal 2 requires that: • City, county, state, and federal agency and special district plans and actions related to land use be consistent with the comprehensive plans of cities, counties, and regional plans adopted under ORS Chapter 268 (Metro); • Land use plans identify issues, problems,inventories, and other factual information for each applicable statewide planning goal; • Specific implementation measures be developed consistent with and adequate to carry out local jurisdictions' comprehensive plan; • Adoption and subsequent amendment of comprehensive plans and their implementation measures be coordinated with the plans of other affected governmental units; and • All adopted land use plans and implementing measures be periodically reviewed and revised to address changed conditions and circumstances. CPA2008-00001 1 Goal 2:Land Use Planning City of Tigard O I EXHIBIT A Section 1: Legislative Foundation Incorporated in 1961, the City of Tigard has experienced rapid growth over the years. This growth can be attributed to many factors, primarily the close proximity to Portland, a healthy inventory of developable land, and easy access to major transportation facilities such as Highway 99W, Highway 217, and Interstate 5. Tigard recognized the need to plan for growth and adopted its first Community Plan in 1971. This plan set the stage for the City's future land use planning efforts. Shortly thereafter, the state adopted the Statewide Planning Goals in 1974. This required that all Oregon jurisdictions prepare and adopt comprehensive land use plans and implementing ordinances that comply with the goals. Subsequently, the City of Tigard updated its Community Plan into a Comprehensive Plan that was adopted in 1983. The City completed its first and only Periodic Review of the Comprehensive Plan in 1989 and since that time the context and scope of land use planning has changed considerably. For example,Tigard has undertaken several other planning efforts that are required to be coordinated, from a policy perspective,with the current Comprehensive Plan. These include the Tigard Triangle Plan, the Washington Square Regional Center Plan, the Tigard Transportation System Plan, the Tigard Urban Renewal Plan, and the Tigard Downtown Improvement Plan. Furthermore, many new state land use laws and administrative rules have been passed,while Metro has taken the lead in several other areas of urban growth management. Metro's responsibilities now include the management of the regional urban growth boundary, transportation planning, natural resource management, and household and employment allocations to regional jurisdictions. Tigard's Comprehensive Plan must be in compliance with state goals and laws,while also being consistent with Metro's growth management rules. One of the biggest growth management challenges that Tigard will face, as well as the rest of the Portland region,is the need to accommodate up to a million new residents and commensurate employment growth within the region in the next forty years. Cities in the Portland region have already committed to minimize urban sprawl and accommodate a significant part of this growth within compact urban centers within existing municipal boundaries. However, part of the region's future growth will have to occur at the"edges" of the urban growth boundary. It is unlikely that any of this "edge"growth will be within the City of Tigard because urban level development in unincorporated Washington County separates future urban growth areas from Tigard's city limits. The only factors that would alter this would be annexation of these lands and/or changes in policy and intergovernmental cooperation that would allow extension of City's boundaries to noncontiguous future growth areas. The manner in which Tigard and the rest of the region chooses to address these challenges will be significant in determining the area's future quality of life, character, and prosperity. Another growth management challenge that Tigard faces is the lack of large vacant parcels available for urban development. This type of development is a thing of the past and most household and employment growth in Tigard will be the result of redevelopment and infill. Within residential areas, the City's land use program assures that infill occurs in a way that is sensitive and complimentary to existing residential neighborhoods. In the City's downtown CPA2008-00001 2 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A • center, commercial corridors,regional center, and industrial areas, the Comprehensive Plan and implementing regulations will guide the development of vibrant and compact urban housing and employment/shopping areas. In both instances,it is important that the City's land use planning efforts protect natural resources, assure the provision of needed public facilities and services, and promote the development of well designed, high quality urban areas. The City's land use program also impacts its strong economic ties with other jurisdictions within the Portland region. A significant portion of Tigard residents commute to other communities,particularly Portland, for work. Conversely, most of those who work in Tigard commute from elsewhere. This situation will require Tigard to work cooperatively with these other jurisdictions and Metro to develop land use patterns and employment opportunities to minimize impacts from commuting. Key Findings • Portland area jurisdictions' comprehensive plans are required to be consistent with statewide planning goals and Metro rules. • Most of Tigard's developable land has been urbanized. • Future development in single-family residential neighborhoods will likely consist of small lot partitioning,infill, and redevelopment. • Future commercial, employment, and multi-family growth will likely occur through redevelopment. • Tigard's expansion into new UGB areas is unlikely under the current policy framework. • A well conceived and responsibly implemented land use planning program is essential to the City's quality of life and economic prosperity. • The Comprehensive Plan provides the basis for City's land use program. • A properly balanced mix of land uses is necessary to ensure that it derives the tax revenues required to fund needed community services. • Local governments may assign, to the extent possible, the public facility costs associated with development to the actual development itself. • Compatibility of new and existing development is an important issue in developed communities. • Planned Development standards/regulations are important tools to allow/encourage high quality/innovative design and quality development. • A significant part of the City's currently identified Urban Planning Area has been urbanized in unincorporated Washington County. CPA2008-00001 3 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A Goal: 2.1. Maintain an up-to-date Comprehensive Plan,implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policies: 1. The City's land use program shall establish a clear policy direction, comply with state and regional requirements,and shall also serve its citizens' own interests. 2. The City's land use regulations, related plans and implementing actions shall be consistent with and implement its Comprehensive Plan. 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. 4. The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. 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. 8. The City shall require appropriate public facilities are made available, or committed, prior to development approval and are constructed prior to or concurrently with development occupancy. 9. The City may, upon determining it is in the public interest, enter into development agreements to phase the provision of required public facilities and services and/or payment of impact fees and/or other arrangements that assure the integrity of the infrastructure system and public safety. 10. The City shall institute fees and charges to ensure development pays for development related services and assumes the appropriate costs for impacts on the transportation and other public facility systems. CPA2008-00001 4 Goal 2:Land Use Planning City of Tigard • EXHIBIT A 11. The City shall adopt regulations and standards to protect public safety and welfare from hazardous conditions related to land use activities. 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. 13. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected to be within the City limits during the planning period. 14. Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan and,when necessary, those of the state and other agencies. 15. In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available; or committed to be made available and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing,public and community services, etc. in the particular location,versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable, appropriately designated land for the land uses that would be allowed by the new designation; E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; F. Land uses permitted by the proposed designation would be compatible or capable of being made compatible with environmental conditions and surrounding land uses; and G. Demonstration that the amendment does not detract from the viability of the City's natural systems. CPA2008-00001 5 Goal 2:Land Use Planning City of Tigard • EXHIBIT A 16. The City may condition approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design /development requirements. 17. The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map(s) and for development plan approval of a specific land use. 18. The Council may at any time,upon finding it is in the overall public interest,initiate legislative amendments to change the Comprehensive Plan text, Plan/Zoning Map(s) and/or the Community Development Code. 19. The Planning Commission may at any time recommend to the City Council that it consider initiating legislative amendments to the Comprehensive Plan, Plan/Zoning Maps and/or Community Development Code. 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 applicable state law, administrative rules, and regional requirements. 21. The City shall require all development to conform to site design/development regulations. 22. The City shall identify, designate, and protect natural resources as part of its land use program. 23. The City shall require that new urbaft development does not diniah the quality of 24. 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. 25. The City shall establish design standards to promote quality urban development and to enhance the community's value, livability, and attractiveness. Recommended Action Measures: i. Work with the Oregon Department of Transportation (ODOT), Metro, Washington County and others to develop means to equitably assign costs to new development for its impacts on the interstate and infra-regional freeway and arterial system. ii. Develop and maintain land use regulations, standards, and procedures necessary to enhance the design of multi-family, commercial, and industrial development, and to mitigate impacts on adjacent land uses. CPA2008-00001 6 Goal 2:Land Use Planning City of Tigard . I EXHIBIT A iii. Implement measures to preserve and enhance the quality and character of Tigard's residential districts. Examples include managing the design of infill development, mitigating impacts of adjacent dissimilar land uses,improving quality of streetscapes and the pedestrian environment, and providing greater access to open space. iv. Develop and periodically update citywide Public Facilities and Transportation System Plans (PFP,TSP) to guide the location, financing, and timing of future public facilities. Coordinate the preparation and adoption of these Plans with other affected jurisdictions and agencies. v. Revise the Comprehensive Plan text, maps, and related findings as needed to maintain reliability and timeliness; to ensure consistency among goals,policies and recommended action measures; to assure accuracy of findings;and to comply with state, regional and federal laws and rules. This includes review by the Planning Commission every two years, formal evaluation every five years, and an overall update at least every ten years. vi. Monitor and evaluate whether City actions and community conditions and circumstances are consistent with the goal and policy direction of the Comprehensive Plan. When appropriate,amend the Plan or adjust City actions, regulations, or standards. vii. Monitor actions, programs, and policies of federal, state, and regional governments. When appropriate, amend the Comprehensive Plan and its implementing regulations and plans to be consistent with those of other agencies. viii. Develop and adopt special district plans to enhance opportunities for economic development, housing, social vitality, access to transit, etc. ix. Actively participate and engage with other Portland Metropolitan Area jurisdictions and agencies to represent Tigard's interest involving region-wide land use, transportation,natural resource, and public facility issues. x. Implement incentive and redevelopment programs to utilize urban land and existing public facilities more efficiently. xi. Review transportation and other public facility plans and projects to address potential negative aesthetic or operational impacts on neighborhoods and take mitigating action when necessary. xii. Work with the appropriate agencies to review the protocol methods used in determining development impacts upon water quality, natural resources, and other land uses. xiii. Review and analyze the use of the Planned Development process as a way to gauge its functionality and whether it is working as intended. CPA2008-00001 7 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A xiv. Proactively evaluate the effectiveness and usefulness of different elements of the City's land use program, such as maps, codes, and pelifies area plans,and make changes when necessary to further community objectives. xv. Develop criteria to identify and protect unique community features and resources. xvi. Review and update regulations that are intended to protect the community from transportation hazards, environmental hazards, and natural hazards associated with land use activities. CPA2008-00001 8 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A 1. GENERAL POLICIES Plan-and Findings - -' - - - the-GefAcatmitYi 1. Goal#1: Concorvo foroct lands, not committed for urban usos, for strictly forest uses; 12. Coal#12:Providc and cncouragc a -- -, - - - - --- - - - - - - - - . 13. Goal#13:Conserve energy; and --=- = -- •• = - =--- - = =- !e t. ••- ... -- - --=- �d- - - -- - - - - - -- - - --- - - --- - - - - - POLICIES 1.1.1 THE CITY SHALL ENSURE THAT: _ - - - -- - _.. _ _ - - _ • •Je _ . . • _ _. • - • ..- CPA2008-00001 9 Goal 2:Land Use Planning City of Tigard EXHIBIT A - _ • P _a• _ _ e' • . . • _.,,,, _ _ a. - _ e, . •_ , . .•- . _ ■ -•-. • • - _ e - - - ; . . • _ _Tar _... • • • •- • • a, , MA. . a . • - . • - _ - _ _ _ - -• •. _ . _ c. THE TIGARD COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE ARE KEPT CURRENT WITH THE NEEDS OF THE COMMUNITY. IN ORDER TO DO THIS: - - - . __ • _ , . , . _ -. . .FIVE YEARS. - _ e„ .. _ • _ _ • , . A • _ • _ _- _ •- • • .- . . ., • _ _ A ...at _ . _ _•,. . • _ . - - _ • e - . . U . _• . ,, • . Pt"' - _ . . ■ . . - - - _ - - _0 _ , _ . , , All ., . , . P _ •. •- ...1111/ • . , __ , _ _• _ _ a• . _• . _ •_. . _ , -- _ - '• - - • /11. • • • • _ . • --T.& ! - . _•. _ _ • •, . . •. • _•' __ •, - P- . WHICH THE CITY MAY HAVE TO CHALLENGE-THE CALITY OF A REGIONAL „ •, 3. Low Density Residential 1 te-5 units to the net asrc. The applicable zoning districts are all single family residential(R 1, R 2, R3.5 and R 4.5). are multiple family(R 7 and R 12). d. High Density Rocidontial 20 to-40+units to the not acro. Tho applicable zoning districts are R 20, and R 40. (C N). f. General Commercial Refers to areas for auto oriented and related commercial uses (C-G). {C P). h. Central Business District The area deemed appropriate for high intensity mixed use •• • ■ k. Heavy Industrial Those areas deemed appropriate for intensive manufacturing, CPA2008-00001 10 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A . . . site- use-designation- (Rev. Ord. 02 12) .. . . . e. C. A mistake was made in tho original land use designation. • - •2_ : _:••••_••• ! _ 4.1--SPECIAL AREAS OF CONCERN e. '-DOWNTOWN TIGARD URBAN RENEWAL DISTRICT Citizens have expressed a desire to create a "heart" for their community: a place to live, work, and play,and to serve as a community gathering place. Main Street and the surrounding area have served as Tigard's historic center, dating back to around 1907.Planning for Downtown Tigard's revitalisation has been a long-term process, stretching back at least 25 years. The most recent effort dates back to 2002,with the announcement of plans for a Washington County Commuter rail line with a planned station in downtown Tigard. This inspired a small group of citizens and business owners to work on ideas for Downtown to capitalise on Commuter Rail. A state Transportation and Growth CPA2008-00001 11 Goal 2:Land Use Planning City of Tigard • EXHIBIT A Management (TGM) grant facilitated the hiring of consultants and a more extensive planning process. A Task Force of 24 citizens was formed to guide the plan's development. The planning process incorporated high levels of citizen involvement,including community dialogues,workshops, open house, and a public survey. The TGM grant and planning process resulted in the Tigard Downtown Improvement Plan (TDIP).The TDIP set forth a vision to create "a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes and uses natural resources as an asset, and features a combination of uses that enable people to live,work,play and shop in an environment that is uniquely Tigard." An Urban Renewal Plan was developed to implement the TDIP. The tools provided by urban renewal,including Tax Increment Financing, are intended to attract private investment and facilitate the area's redevelopment. Tigard voters approved the use of Tax Increment Financing for Urban Renewal in the May 2006 election. Findings Existing Conditions • The Urban Renewal Area contains approximately 193.71 acres (including 49.57 acres of right-of-way) and comprises 2.6% of the City's 7496 acres of total land area. It contains 193 individual properties.The current land uses are dominated by development with little pedestrian-friendly orientation. Outside of Main Street, the existing buildings do not create a sense of place and cohesive function, but rather appear to be spread out and auto-dependent. Block sizes are large for a downtown. • In general, downtown properties have low improvement to land (I:L) ratios. Healthy I:L ratios for downtown properties range between 7.0 -10.0 or more. In Tigard's Urban Renewal Area 2004-05 I:L averages were 1.43 for commercial properties and 2.79 for multi-family residential. (Report Accompanying the City Center Urban Renewal Plan.) • Under existing conditions, Downtown is underdeveloped and lacks the mix of high quality commercial, office,residential and public uses suitable for an urban village. Transportation System • The Area is served by two major transportation corridors (99W and Hall Blvd.) with heavy traffic levels. Many of the other Downtown streets lack complete sidewalks. In general, there are poor linkages to and within the Downtown. • Railway tracks also bisect the Downtown. A planned system upgrade will make both commuter and freight train operation more efficient and less disruptive to automobile traffic. Natural Features CPA2008-00001 12 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A • Fanno Creek flows through downtown and is the most notable natural feature. The creek,part of its floodplain and associated wetlands are part of a 22-acre city park with a multi-use path. Current Zoning Districts and Comprehensive Plan Designations • The majority of the Downtown is zoned Central Business District (CBD).While the current CBD zone allows the mix of uses necessary for a successful downtown, the regulations lack the language to guide new development to be consistent with the preferred urban form. As a result, the area has developed without many of the pedestrian-oriented qualities specified in the Tigard Downtown Improvement Plan and Metro's 2040 Growth Concept. • The Tigard Urban Renewal Area encompasses the original Plan area and several additional tax lots,which are zoned R-4.5,R-12 (PD), R-25, C-G (General Commercial) and C-P (Professional/ Administrative Commercial.) Several of these tax lots are located to the northwest of Highway 99W. These additional zones do not permit mixed use development,which is crucial for successful downtowns. Community Values • According to the Comprehensive Plan Issues and Values Summary, Downtown is important to Tigard residents; many use it on a weekly basis. Many would like it to see improvements so it will become a gathering place for the community. • Tigard Beyond Tomorrow's Community Character& Quality of Life section, includes a goal to achieve a future where "the Main Street area is seen as a `focal point' for the community," and "a clear direction has been established for a pedestrian-friendly downtown and is being implemented." • The passage of the Urban Renewal measure in May 2006 by 66% of voters also shows strong community support for Downtown's revitalization. Metro Requirements for Town Center Planning • Title 6 of the Urban Growth Management Functional Plan requires local jurisdictions to adopt land use and transportation plans that are consistent with Metro guidelines for Town Centers. Goal 15.1 The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enable people to live,work,play and shop in an environment that is uniquely Tigard. Action Measures CPA2008-00001 13 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A i. Provide public,including members of the development community,with regular informational updates on Urban Renewal progress and an accounting of funds spent by the City Center Development Agency. Goal 15.2 Facilitate the Development of an Urban Village Policies 1. New zoning, design standards and design guidelines shall be developed and used to ensure the quality, attractiveness, and special character of the Downtown as the "heart" of Tigard,while being flexible enough to encourage development. 2. The Downtown's land use plan shall provide for a mix of complimentary land uses such as: A. Retail, restaurants, entertainment and personal services; B. Medium and high-density residential uses including rental and ownership housing; C. Civic functions (government offices, community services, public plazas,public transit centers, etc); D. Professional employment and related office uses; E. Natural Resource protection, open spaces and public parks. 3. The City shall not permit new land uses such as warehousing; auto-dependant uses; industrial manufacturing; and industrial service uses that would detract from the goal of a vibrant urban village. 4. Existing nonconforming uses shall be allowed to continue, subject to a threshold of allowed expansion. 5. Downtown design, development and provision of service shall emphasize public safety, accessibility, and attractiveness as primary objectives. 6. New housing in the downtown shall provide for a range of housing types,including ownership, workforce and affordable housing in a high quality living environment. 7. New zoning and design guidelines on Main Street will emphasize a "traditional Main Street" character. Action Measures i. Develop design guidelines and standards that encourage attractive and inviting downtown commercial and residential architecture with quality design and permanent materials, particularly in the building fronts and streetscape. Also develop appropriate density, height, mass, scale, architectural and site design CPA2008-00001 14 Goal 2:Land Use Planning City of Tigard • EXHIBIT A guidelines. ii. Utilize form based code principles in ways that are consistent with state planning laws and administrative rules. iii. Adopt non-conforming use standards appropriate to a downtown in transition. iv. Develop code measures to mitigate any compatibility issues when new downtown development occurs in close proximity to the Downtown's commuter rail line. v. Provide areas in the Downtown where community events, farmer's markets, festivals and cultural activities can be held. vi. Designate the Downtown area as the preferred location for Tigard's civic land uses. vii. Promote an awareness of the Downtown's history through measures such as public information,urban design features and preservation of historic places. viii. Monitor performance of design guidelines, standards and related land use regulations and amend them as necessary. Goal 15.3 Develop and Improve the Open Space System and Integrate Natural Features into Downtown Policies 1. Natural resource functions and values shall be integrated into Downtown urban design. 2. The Fanno Creek Public Use Area, adjacent to Fanno Creek Park shall be a primary focus and catalyst for revitalization. 3. Development of the Downtown shall be consistent with the need to protect and restore the functions and values of the wetland and riparian area within Fanno Creek Park. Action Measures i. Acquire property and easements to protect natural resources and provide public open space areas, such as park blocks,plazas and mini-parks. ii. Develop "green connections" linking parks and greenways with adjacent land uses, public spaces and transit. CPA2008-00001 15 Goal 2:Land Use Planning City of Tigard • S EXHIBIT A iii. Incorporate public art into the design of public spaces. iv. Enhance the landscape and habitat characteristics of Fanno Creek as a key downtown natural resource. v. Develop and implement strategies to address concerns with homeless persons and vagrancy in the Downtown and Fanno Creek Park. Goal 15.4 Develop Comprehensive Street and Circulation Improvements for Pedestrians, Automobiles, Bicycles and Transit Policies 1. The Downtown shall be served by a complete array of multi-modal transportation services including auto, transit, bike and pedestrian facilities. 2. The Downtown shall be Tigard's primary transit center for rail and bus transit service and supporting land uses. 3. The City,in conjunction with TriMet, shall plan for and manage transit user parking to ensure the Downtown is not dominated by"park and ride" activity. 4. Recognizing the critical transportation relationships between the Downtown and surrounding transportation system, especially bus and Commuter Rail, Highway 99W, Highway 217 and Interstate 5, the City shall address the Downtown's transportation needs in its Transportation System Plan and identify relevant capital projects and transportation management efforts. 5. Streetscape and Public Area Design shall focus on creating a pedestrian friendly environment without the visual dominance by automobile-oriented uses. 6. The City shall require a sufficient but not excessive amount of parking to provide for Downtown land uses.Joint parking arrangements shall be encouraged. Action Measures i. Develop Comprehensive Street and Circulation Improvements for Pedestrians, Automobiles, Bicycles and Transit ii. Develop a circulation plan that emphasizes connectivity to, from, and within the Downtown in the design and improvement of the area's transportation system, including developing alternative access improvements to Downtown, such as connections across Highway 99W. CPA2008-00001 16 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A iii. Address public safety and land use compatibility issues in the design and management of the Downtown's transportation system. iv. Investigate assigning different roadway designations within the general area of the Downtown as means to support transportation access to Town Center development such as ODOT's Special Transportation Area (STA) and Urban Business Area (UBA). v. Implement an integrated Downtown pedestrian streetscape and landscape plan. vi. Acquire property and easements to implement streetscape and landscape plans, and develop needed streets, pathways, entrances to the Commuter Rail park and ride lot, and bikeways. vii. Express the themes of an urban village and green heart by utilizing the "unifying elements" palette from the Streetscape Design Plan to design streetscape improvements. viii. Emphasize sustainable practices in street design through innovative landscaping and stormwater management and provision of multimodal infrastructure. ix. Encourage sustainability features in the design of Downtown buildings. x. Encourage the formation of a Downtown Parking and Transportation Management Association. xi. Incorporate the Downtown's public investment / facility needs into the City's Public Facility Plan and implementing Community Investment Plan. CPA2008-00001 17 Goal 2:Land Use Planning City of Tigard • EXHIBIT A 11.2 ASH AVENUE Findings neighbor-heed. Avenue- POLICIES 11.2.1 ASH AVENUE SHALL BE EXTENDED ACROSS-FANNO CREEK, ENABLING ACCESS THE STREET AS SAFE-AS POSSIBLE. ASH AVENUE SHALL BE DESIGNATED AS A DESIGN FEATURES AND MITIGATION MEASURES SHALL HOLD TRAFFIC 11.2.2 IMPROVEMENTS TO S.W. ASH AVENUE FROM S.W. HILL TO FANNO CREEK PROPERTIES. [THE] STREET IMPROVEMENTS ALONG WITH THE DEVELOPMENT OF A MAJOR COMMERCIAL SITE WILL INCREASE TRAFFIC ON ASH. A BARRICADE SHALL BE PLACED AT HILL STREET APPROXIMATELY AT THE END • 11.2.3 METHODS OF MITIGATING THE TRAFFIC IMPACT ON THE NEIGHBORHOOD SHALL INCLUDE, IN THE FOLLOWING ORDER OF IMPROVEMENT, a. IMPROVING S.W. MCDONALD STREET TO INTERIM MAINTENANCE Pe, ' ■ . b. IMPROVEMENTS TO THE RESIDENTIAL PORTION OF ASH FROM HILL TO • _ _ , _ . . _ P. . . •, •. •r _e - SIDES OF THE STREET; c. EXTENSION OF S.W. HILL TO S.W. O'MARA AND/OR IMPROVEMENT OF d. EXTENSION OF S.W. O'MARA TO S.W. HILL PARALLEL TO S.W. ASH; e. REMOVAL OF THE BARRICADE IN PLACE ON ASH AVENUE AT S.W. HILL; f. IMPROVEMENT OF S.W. O'MARA STREET TO INTERIM MAINTENANCE g. INSTALLATION OF TRAFFIC INHIBITORS TO THE RESIDENTIAL PORTION CPA2008-00001 18 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A Findings • . .. streets- fie- -. POLICIES 11.3.1 THE CITY SHALL CONSIDER THE FOLLOWING WHEN PREPARING STREET IMPROVEMENT PLANS THAT AFFECT S.W. 121ST AVENUE OR GAARDE STREET. a. THE IMPACT ON THE EXISTING RESIDENTIAL STRUCTURES AND THE AF4 1. REDUCING THE DISTANCE BETWEEN THE DWELLING AND THE STREET; AND 2. NOISE IMPACTS. b. THE EFFECT THE IMPROVEMENT WILL HAVE ON THE TRAFFIC FLOW AND THE POSSIBLE NEGATIVE EFFECTS ON OTHER STREET INTERSECTIONS. c. MINIMIZING THE USE OF THESE STREETS AS PART OF THE ARTERIAL 11.3.2 THE CITY OF TIGARD SHALL WORK WITH OTHER GOVERNMENTAL BODIES FOR _ _ . • _. ■ t . ■ ■i • . • . . . _ . • • • TIGARD, CPA2008-00001 19 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A • "Developing" .- _.. . . . .- •. . . POLICIES 11.4.1 IN THE TIGARD TRIANGLE (-I.E. THAT AREA BOUNDED BY PACIFIC HIGHWAY, HIGHWAY 217, AND THE INTERSTATE 5 FREEWAY), IN THE MIXED USE EMPLOYMENT ZONE, HIGH DENSITY RESIDENTIAL DEVELOPMENT (I.E., 25 UNITS PER ACRE) SHALL BE A USE ALLOWED OUTRIGHT. Findings POLICY - -- • - ' - - - ' _ . _ _ _ • • _ _ ..1 • ._ _. a. ALL BUILDINGS ON INDUSTRIAL LAND SHALL BE SET BACK A DISTANCE OF 50 FEET FROM ANY PROPERTY LINE WHICH ABUTS A RESIDENTIALLY PLANNED-AREA; b. THE SITE PLAN SHALL PROVIDE FOR THE LEAST INTENSIVE PROPOSED USES ON THE SITE IN THE AREAS WHICH ABUT AN ADJOINING c. BUFFERING AND SCREENING SHALL BE PROVIDED WITHIN THE 50-FOOT SETBACK AREA AS PROVIDED BY THE STANDARDS CONTAINED IN THE ENTIRE 50 FEET TO BE LANDSCAPED PROVIDED THE STANDARDS IN I ISED FOR PARKING• EXCEPT 1. NO STRUCTURE, PAVEMENT OR DEVELOPMENT MAY BE LOCATED 2. ALL EXISTING VECETATION SHALL BE RETAINED AND MAINTAINED WHERE SECTION 18.100.130, THE BUFFER MATRIX, APPLIES AND 18.100.080 APPLIES. CPA2008-00001 20 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A (Roy. Ord. 84 70) • at _ _ •. _ . ., _ - _ e : - - --- - - -- -- - -- = - = - requirements- 11.6 ACTION AREAS GOALS transit-stations eontrols. POLICIES - ■ . - - _ . • . _ P. • .1_ - - e . . . _ • . _ ., 3. THE AREA IS GENERALLY WITHIN ONE QUARTER MILE OF A MAJOR b. AREAS WITH EXISTING USES WHICH ARE FREQUENTED BY 9 _ Pt -.. . _ _ ■ _ _ . . _ • . . e- r.• , - - • -. c. AREAS WHICH ARE CURRENTLY AUTOMOBILE ORIENTED MAY BE _ . • A . _ • • 411, . • _ _ . . _ . a • - - • PEDESTRIAN WAYS TO BETTER INTEGRATE THE USE INTO THE ACTION AREA. F,. . • a - - - _ - • - - - . . . - T. - - - . . • - - - _ . . • !r _t _ _ .,, . ./ _ . . . e, •' 11.6.3 REQUIRE THAT ALL DEVELOPMENT PERMITTED IN ACTION AREAS BE - _ • _ • ■ _ _ „ - _ . TO-TRANSIT, 11.6.4 REVIEW AND UPDATE CITY PARKING ORDINANCES TO RECOGNIZE PARKING 11.6.5 DEVELOP A DESICN PLAN FOR EACH ACTION AREA TO PROVIDE GUIDANCE .- • , - , - - e - •. -a ,, • - . • _ r.' • - ` r e _ _ - , USES. PLANS FOR AUTOMOBILE, TRANSIT, PEDESTRIAN AND BICYCLE - - - e• , e • - - - _ e • ,, .•• - - .4 - - • • . - - • -• DEVELOPING THE DESIGN PLAN BUT WILL COORDINATE WITH OREGON • _-.- • .. • . „ MO . 11.6.6 DEVELOPMENT IN THE ACTION AREAS MAY BE SUBJECT TO SPECIAL CPA2008-00001 21 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A e - P. • . . •„ •• . . „ ■-. ■■ . • - •- • - . _ _ ._ _ „ „ . 5 .• OF THE DESIGN PLANS. (Rev. Ord. 87 55) Findings fit- •• P. - • known, • The area is characterized as transitional, that is an oxicting singlo family district that is Poor condition of rocidontial stroots not built to city standard& Lack of sidewalks, parks and other rocroational facilitio& An elementary cchool in the area -which is at the very odgo of its service area, i& Declining residential land and property valuo&•.. :e - - - - • ._. . _ ••-• -- - - - = _ ---- change to C P. CPA2008-00001 22 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A District. (Rev. Ord. 90 26; Ord. 90 07; Ord. 90 06) - - • - " - - - - -- - . . - __ .-- . •- e e - - • - -- -- Findings • ' • _eee • - • : _ e_• - - • • ' _._,:••:. - - - • , --- -- -••=• • CPA2008-00001 23 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A Try to keep historic trees. Transportation non auto travel needs hikes. pedestrians• and transit r with-development: -The-Regional-Center-Plan-Should Bc understandable to lay people Uso existing resources as much as posciblo Contain solutions to common problems Avoid conflict with other regional centers. • The Task Force evaluated all lands within the study area for future development or CPA2008-00001 24 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A Employment: 0,801 jobs Retail: 1,188 jobs Office: 8,136 jobs Lodging: 180 jobs Housing: 1,500 units Residents: 7 530 people Land Uso: High Density: Moderate Density: Office @ FAR 1.25 @ FAR 0.6 Retail @ FAR 0.6 @ FAR 0.3 Lodging @ FAR 1.0 @ FAR 1.0 Houcing @ 50 DU/Acro ©25 DU/ncro •• - . .. . -. - - -. - • -.-• - --- - . _ . . .. -- -- - - - - ' -- • - == - - - • ... - =- - -- . -: . - - e • e -- _ -•' -.- --- • - -- - - - - - -- - CPA2008-00001 25 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A • P. . #leedplain-area- Confirm tho parks and opcn space noods for the R CPA2008-00001 26 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A others, , "--e '--• ------ -- - • -• --:•-•-- _-_ - feasible. ... . Establish priorities so that locally generated ices from existing businesses and • -- - - - - ' private-sector. POLICIES - • _ •- _ .. • _ - .. - • _ • -• S - e - . .- - FOR MORE DETAILED IMPLEMEN • - e - e' - - . • • _ • _ .. _ • _ . „ • Satan, CP-12008-00001 27 Goal 2:Land Use Planning City of Tigard • EXHIBIT A b. A public facilities plan for the area including a financing plan. d. A parks and open space plan for the-area-includinga financing plan. e. A recognition of the Regional Center BeundaFy for the purpose of establishing .•. a. MIXED USE COMMERCIAL DISTRICTS (MUC). THE REGIONAL CENTER AREAS WILL BE OFFICE BUILDINGS, RETAIL AND SERVICE USES. A ZONING DESICNATION OF MUC WILL ALSO ALLOW MIXED USE DISTRICTS WILL ENCOURAGE LARGER BUILDINGS WITH PARKING UNDER, BEHIND OR ALONGSIDE THE STRUCTURES. b. MIXED USE EMPLOYMENT DISTRICT (MUE). MIXED USE EMPLOYMENT DISTRICTS REFER TO AREAS WITH CONCENTRATIONS OF OFFICE, RESEARCH AND DEVELOPMENT, AND LIGHT MANUFACTURING INDUSTRIAL USES. COMMERCIAL AND RETAIL SUPPORT USES ARE DEVELOPMENT COMPATIBLE WITH THE DISTRICT'S EMPLOYMENT CHARACTER. LINCOLN CENTER IS AN EXAMPLE OF AN AREA DESIGNATED MUE 1, THE HIGH DENSITY MIXED USE EMPLOYMENT MODERATE DENSITIES. c. MIXED USE RESIDENTIAL DISTRICTS (MUR). THE MUR DESIGNATION IS DENSITY(MUR 2). • . . 11.9.4 NECESSARY TRANSPORTATION FACILITIES, AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT, SHOULD BE IN PLACE OR PLANNED TO BE (Rev. Ord. 02 12) POLICIES 11.10.1 THE CITY OF TIGARD WILL CONTINUE TO WORK WITH WASHINGTON COUNTY AND THE CITY OF TUALATIN TO HELP ASSURE THAT DEVELOPMENT WITHIN QUALITY URBAN ENVIRONMENT THAT EMPHASIZES PEDESTRIAN CPA2008-00001 28 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A e _ . _ -e, _ _ . e _ e ., -' • . _ _ . t - . • a a. *- _ -a- a. a - ! - - _ - • - - . . _ a _ . _ _ 9 _ - - - _ • - _ - . .- - . _ - _ . , - - - - - - - • . . ALLOWS A MIX OF USES, INCLUDING RETAIL, SERVICES, OFFICE AND RESIDENTIAL. THE MIXED USE COMMERCIAL DESIGNATION SHOULD _ . a.„ _ . A a , _ • a. . , a r __• • • • • _ _ • e _ _ . • e - • . 11.10.5 NECESSARY PUBLIC FACILITIES • - - ! - - " - ' • ' ` •' • . - --' - ' _ - - e - -_• • • P. . _ _. . _ _ _ _ . • . -.- , • .•., f•" _ - - _ ,, • P. _ - _ IMPACT ASSESSMENT, SHOULD BE IN PLACE, OR PLANNED TO BE (Rev. Ord. 01 07) 12. LOCATIONAL CRITERIA INTRODUCTION • Housing; • Commercial uses; • Offices; • Industry; and follow- 12.1 RESIDENTIAL -e••••--.• ._ - - - --= - - - = - - - •- POLICY 12.1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE LOCATIONAL CRITERIA;AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. (Rev. Ord. 85 03) CPA2008-00001 29 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A (2) Ar as whore street facilitic c d local streets; as: (a) Facilities: (i) Sewer (ii) Water (iii) Drainage (iv) Schools (b) Services: (I) Police (ii) Fro (iii) Health z. (1) Ards which have been historically developed with large lots and which are (2) The capacity of facilities and services; (4) Areas within close proximity to jobs, commercial areas and public facilities and 2,--Medium-Density-Residential on-the-plan-map: (1) Areas which are not committed to low density development; (2) Areas which havo direct access from collector or arterial streets; (3) Areas which are not rubjost to development limitations such as topography, (5) Areas within one half mile of public transportation; and (6) Ar as which can be buffered from low density residential areas in order to (1) The density of development in areas historically zoned for medium density development; (3) The capacity of the services; (4) The distance to the public transit; center and (6) The distance from public open space. • • the-plan-map (2) Areas which can be buffered from low density residential areas in order to (3) Areas which have direct access from a major collector or arterial street; CPA2008-00001 30 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A (6) Areas within one quarter mile of public transit; density-zone: (1) Tho topography and natural foaturcc of the area and tho dcgroc of pocciblo (2) The capacity of the cervices; (3) The distanco from public transit; and • d. Roquirc mcdium doncity and high =-- • -- - - - - - -- --- - -- -• (1) An equally desirable development; and (2) An uncluttered appcararasc and openness intondcd by the landscaping �� • 12.2 COMMERCIAL that • • designated-area- POLICY 12.2.1 THE CITY SHALL: a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF - - - - . .- • b. APPLY ALL APPLICABLE PLAN POLICIES. c. APPLY THE APPROPRIATE Le - • e • - - • • • - • _ a - SCALE OF THE PROJECT. CPA2008-00001 31 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A area- A. Scale (1) Trade Area. Up to 5000 people. (2) Site Size. Two acre maximum. (3) Gross Leasable Area. Varies. B. Locational Criteria (1) Spacing and Location (b) Commercial development shall be limitod to one quadrant of a street street, (2) Access (b) The site shall have direct assess from one of the following: (i) An arterial; or (ii) A collector stroot which will not direct traffic through local (3) Site Characteristics (1) Impact Assessment (a) Tho scalp of the-project shall ho compatible with the surrounding uses. (b) Site configuration and-characteristics, and relationship to the street system, maintained- (c) It shall be possible to incorporate the unique features into the site design (d) Associated lights, noico and activities shall not interfere with adjoining A.Salee (1) Trade Area. Varies. (2) Site Size. Depends on development. (3) Gross Leasable Area. Varies. B. Locational Criteria (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than-taco-sides, CPA2008-00001 32 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A (2) Accocc (b) The site shall have dircct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses: (b) The site shall have high visibility. (1) Impact Assessment (a) The scale of the-project shall bo compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of (c) It shall be possible to incorporate the unique site features into the site (d) The associated lights, noise and activities shall not interfere with adjoining A. Scale (1) Trade area. Varioc (2) Site size. Varies (3) Gross loasablo area. Varioc B. Locational Criteria (1) Spacing and Location (a) The Comprehensive Plan map fixes exact boundaries of the commercial professional-area- (b) The commercial professional area is not surrounded by residential districts (2) Acmes (a) The proposed use or expansion of an existing area shall not create traffic (3) Site Characteristics (a) The site shall be of-a size which can accommodate present and projected needs- (b) The sito shall have high visibility. (1) Impact Assessment (a) Tho sito configuration and characteristics shall bo such that the privacy of (c) Associated lights, noise and activities shall net interfere with adjoining CPA2008-00001 33 Goal 2:Land Use Planning City of Tigard • S EXHIBIT A A. Scalp ile radius. .di tanner from the ito `-svrTOC V�rvnrzrt��ic�.. (2) Gross Floor Area. 30,000 to 100,000 --_- - e- - --- ------- -.- == - Cenoral rotail sales up to 10,000 square foot por ostablishmont as Other commercial sales and services facilities shall be allowed up to 5,000 B. Locational Criteria (1) Spacing and Location (a) Commercial devolopmorat shall be limited to ono quadrant of a street intersection. (b) Community commercial districts shall bc spaced at least one half mile from (2) Access (a) The proposcd community commercial district shall not be anticipated to streets, (3) Site Characteristics (a) The cite shall bc a minimum of two acres in size and a maximum of eight acres-in-size. (1) Impact Assessment (a) The scale and intensity of the project shall be compatible with surrounding•- r: _ --- - -• - -• -- =- - - - - , = CPA2008-00001 34 Goal 2:Land Use Planning City of Tigard • EXHIBIT A (b) It is generally preferable that a community commercial site be developed (c) Convenient pedestrian and bicyclist access to a development site from The site configuration and characteristics and relationship to the street maintained- (d) Access noods of individual parcels and uses shall bo coordinated within a (e) Unique features of tho cite should bo incorporated into the site development-plan. (f) Exterior lighting, noise, and activities associated with the Community site: • 11. 11 b. Require that: (1) The areas be subject to site design review; (2) A minimum of 15%landscaping be provided; and --• - _ - -- -- - --- - - - " " - e • CPA2008-00001 35 Goal 2:Land Use Planning City of Tigard • EXHIBIT A visual. POLICY 12.3.1 THE CITY SHALL REQUIRE THAT: a. SITES FOR HEAVY INDUSTRIAL DEVELOPMENT SHALL BE: (1) SEPARATED BY TOPOGRAPHY ESTABLISHED BUFFERS, RESIDENTIALLY DEVELOPED AREAS. (2) LOCATED IN AREAS HAVING RAIL SERVICE, ARTERIAL OR MAJOR COLLECTOR ACCESS. b. SITES FOR LIGHT INDUSTRIAL DEVELOPMENT SHALL BE: (1) BUFFERED FROM RESIDENTIAL AREAS TO ENSURE THAT PRIVACY AND THE RESIDENTIAL CHARACTER OF THE AREA ARE PRESERVED. (2) LOCATED ON AN ARTERIAL OR COLLECTOR STREET AND THAT INDUSTRIAL TRAFFIC SHALL NOT BE CHANNELED THROUGH RESIDENTIAL--AREAS, c. THE SITE SHALL BE OF A SIZE AND SHAPE WHICH WILL PROVIDE FOR d. THE LAND INTENDED FOR DEVELOPMENT SHALL HAVE AN AVERAGE SITE TOPOGRAPHY OF LESS THAN 6% GRADE, OR THAT IT CAN BE DEMONSTRATED THAT THROUGH ENGINEERING TECHNIQUES ALL . .. • • • _ !rib . .. - BE MITIGATED e. IT CAN BE DEMONSTRATED THAT ASSOCIATED LIGHTS, NOISE AND OTHER EXTERNAL EFFECTS WILL NOT INTERFERE WITH THE ACTIVITIES . . -•- f. ALL OTHER APPLICABLE PLAN POLICIES CAN BE MET. , ,, . .. • ensure-that (1) Hours of operation; (2) Delivery and shipping characteristics; CPA2008-00001 36 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A (3) Noise; (4) Lighting; and (5) Other use characteristics. provide-fer: sites; (2) A circulation eyctem that provides direct access to arterials or collectors that will (4) A complete ect of pre imposed restrictions (e.g. deed restrictions, restriction (5) Evidence of continuing managcmont rccponsibility to enforce roctrictionc (7) A minimum of 25%of landscaping; t. - ■ area- achieved; industrial-uses; and defensible-space- POLICY 12.1.1 THE CITY SHALL PROVIDE FOR THE LOCATION OF COMMUNITY FACILITIES IN A • a. THE APPLICABLE POLICIES IN THIS PLAN; b. THE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE AND STANDARDS OF THE USE. Minor Impact Utilitios-&Facilitios Modium Impact Utilitios & Facilities • Minor Impact Utilities - Admin. Service Uee (Gov't Services) CPA2008-00001 37 Goal.2:Land Use Planning City of Tigard • • EXHIBIT A • Tax Lots&Neighborhood Parks • Community Parks • Utility Poles&Linos, Fire Hydrants, Bus Sheltors Golf Courses • Water Storage - Library Services • Telephone Co. Switching Station • Lodges, Fraternal & Civic Assembly • High Schools • Trade Schools • Religious Assembly • Transit Station(within CBD) • Community Clinic Facilities • Cemetery Recycling Center High Impact Utilities&Facilities Major Impact Utilities&Facilities • Postal Services Community Recreation • Fire Station - Hospitals Utilities • Transit Station(outside CBD) • Land Fill A. Locational Criteria (1) Access farovided (i) Site access will not cause dangerous intersections or traffic (2) Impact of the Proposed Change on Adjacent Lands (a) The use shall be allowed provided: (I) Associatod lights and noise will not interfere with the activities and adjacent uses; (iii) Privacy of adjacent resideral-developments can be maintained; area; and (v) Buffering can be used to screen the project from adjacent uses. (3) Site Charactoricticc (a)—the-use shall be allowed provided: (ii) T wand intoaded for dovelopment has an average site topography o .. • • manner which maximizes user convenience and energy conservation, A. Locational Criteria (1) Access (a) There is direct access from the site to a collector street and traffic will not CPA2008-00001 38 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A (c) There is public transit within one quarter mile of the site. (2) Impact of the Propoced Chango on Adjacent Lando (a) It is compatible with surrounding uses, considering scale, character and use (b) It will reinforce orderly and timely development. adjacent-uses. (e) Privacy of adjacent residential developments can be maintained. (f) The cite layout can respond to existing community identity and street pattems_ (g) Buffering can screen the project from adjacent uses. (h) There is adequato area landscaping to filter the dust from the site area. (3) Site Charactoristicc (a) The land intended for development has an average sito topography of less (b) Tho cite is of a size which can accommodato the procont and future ucoc (c) Tho uniquo natural features, if any, can be incorporated into the design of A. Scale (1) Access (a) There is direct access from the cite to a major collector street and traffic will (b) Site access will not cauco dangerous intorsections or traffic congestion, (c) Thoro is public transit to the site. (2) Impact of the Proposed Change on Adjacent Lands (a) It is compatible with surrounding uses, considering scale, character and use: (b) It will reinforce orderly and timely development. adjacent uses. (o) Privacy of adjacont rocidontial developments can be maintained. (f) Community identity can-bo maintained through dosign and site layout (g) Buffering can screen the project from adjacent uces. (h) There is adequate landscaping to filter the dust from the site area. (3) Site Characteristics be-mitigated, (b) The unique natural features, if any, can be incorporated into the design of CPA2008-00001 39 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A • A. Locational Criteria (1) Accost (a) There is direct access from the cite to an arterial-or freeway. Traffic will not {b) Sito access will not cause dangerous intorcoctions or traffic congestion, (c) There is public transit to the site. (a) It is compatible with surrounding uses, considering scale, character and use (b) It will reinforec orderly and timely development. adjacent-uses- (e) Privacy of adjacent residential developments can be maintained. (g) Buffering can screen the project-from adjacent uses. (h) Thoro is adequate landscaping to filter the dust from the site area. (i) Development can support and/or be compatible with the surrounding developments (3) Sito Charactoristice .o be mitigated (b) Tho unique natural features, i any, can be incorporated into the design of (c) The site is of a size which can ascommodato the present and future uces 1 1 I L I • ., Z. • and-sites- 12.5 MIXED USE DISTRICTS POLICY 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WiT# a. APPLICABLE PLAN POLICIES; b. APPLICABLE PURPOSE STATEMENTS;AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. 1. Mixed Use Commercial 1. To create a dense mixed use commercial district that forms the commercial CPA2008-00001 40 Goal 2:Land Use Planning City of Tigard • EXHIBIT A • 1. To implomont the Metro 2010 Growth Concept and Urban Growth the-City-ef-Tigard- 2. Mixed Use Employment 1. To create a mixed ucc employment district that is complementary to the rest 2. To provido opportunities for employment and for new business and 1. To provido for groups and businesses in centers; 5. To provide for residential uses which are compatible with and supportive of 6. To implement the Motro 2010 Growth Concept and Urban Growth 3. Mixed Usc Residential 2. To provide opportunities for a variety of housing typos and densities, and to 4. To implement the Metro 2040 Growth Concept-and Urban Growth the-6iy-ef-Tigard. POLICIES FOR AREAS SHOWN AS REGIONAL CENTER IN- THE METRO 2010 GROWTH _ .. _ • * * _ - . _ _ - r _ • ! „ .,,,, _ (Rev. Ord. 01 07) 12.5.3 THE CITY SHALL APPLY A MIX-EP - - • e •• • -• • ' - - ' - - '• er — _ - - e •i• • _ _ _ e• • _ • • . e ., • • - re - _ r __ .. _ _ - P • • _■ • ! - - - - e. ' — - - .i. _ _ _ e. _ ra !. ! _ - e .' _ CONCEPT. _e•••-_-•• .. CPA2008-00001 41 Goal 2:Land Use Planning City of Tigard • • EXHIBIT A (Rev. Ord 01 07) d. Require that: 2. Certain commercial uses be limited so that a pedestrian oriented 4. All areas be subject to Site Development Review. c. Provide for: 3. Improvements to pre existing uses and developments so that existing fieedplaigs, CPA2008-00001 42 Goal 2:Land Use Planning City of Tigard S PUBLIC HEARING A'VI:The following will be considered by the Tigard Planning mission on Monday April 7,2008 at 7:00 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall COM/vtUNITY Blvd.,Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and SPAPEIS rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The 6605 SE Lake Road, Portland, OR 97222• PO Planning Commission's review is for the purpose of making a rec- Box 370•Beaverton, OR 97075 ommendation to the City Council on the request. The Council will Phone: 503-684-0360 Fax: 503-620-3433 then hold a public hearing on the request prior to making a deci- Email: sion.Further information may be obtained from the City of Tigard Planning Division(Staff contact: John Floyd)at 13125 SW Hall legaladvertising @commnewspapers.com Blvd.,Tigard,Oregon 97223 or by calling 503-639-4171. COMPREHENSIVE PLAN AMENDMENT (CPA) 2008- 00002 AFFIDAVIT OF PUBLICATION Tigard Comprehensive Plan Update Pertaining to Tigard's. State of Oregon, County of Washington, SS Urban Forest. REQUEST: To amend the current Comprehensive Plan to include Charlotte Allsop, being the first duly sworn, goals, policies and recommended action measures to reflect cur- I, Cha , Charl and say that I am the Accounting rent community conditions and values relating to Tigard's Urban Forest.. The complete text of the proposed Amendment can be Manager of The Times(serving Tigard, viewed on the City's website at http://www.tigard-or.gov/code_ Tualatin &Sherwood), a newspaper of amendments. LOCATION: Citywide. ZONE: All City Zoning general circulation, published at Beaverton, in Districts. APPLICABLE REVIEW CRITERIA: Community the aforesaid county and state, as defined by • Development Code Chapters 18.380 and 18.390; Comprehensive ORS 193.010 and 193.020, that Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces;Metro Functional Plan Titles 3 and 13;and Statewide City of Tigard Planning Goals 1,2, 5, 6,and 11. Publish 3/20/2008.TT11100. Notice of Public Hearing TT11100 A copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 Successive and consecutive weeks in the following issues March 20, 2008 CMüo+k Charlotte Allsop(Accounting Ma ager) Subscribed and sworn to before me this March 20, 2008 NOTAR1LPUBLIC FOR OREGON My commission expires Acct#10093001 Doreen Laughlin 1) 0,,_l. OFFICIAL SEAL. City of Tigard I "� 1 • '^�_ - SUZETTE I CURRAN 13125 SW Hall Blvd ( J JJ NOTARY PUBLIC-OREGON Tigard, OR 97223 f COMMISSION NO.422662 ) MY COMMISSION EXPIRES NOVEMBER 28,2011 9 Size 2x4 Amount Due $66.80 'remit to address above • I Tigard Planning Commission Agenda Item # S. 2 Page I_ of 4_ Date of Hearing `4 `1 -Q Case Number(s) cciR2OOR - noOO a_ Case Name A _.:.ic- - L .s \• • f& v\ COre,SE Location ©v,.) p 1 c∎l� If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: vl` Lcw Name: 4144N T7E4,111 ??Dr-T Address: '\p \. ---1p I..; Th Address: 5-790 Arz-reowwvoP City, State, Zip: 1 City, State, Zip: fo d-T4•,2, q 7Z Z S' Name: icwvi `V Name: A Address: la'4 54 `7"v Address: City, State, Zip: rl ow-0 q 7 223 City, State, Zip: „Q. Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City,State, Zip: City, State, Zip: • Agenda Item: 5_2 Hearing Date: April 7,2008 Time: 7:00 PM STAFF REPORT TO THE V PLANNING COMMISSION 11111 FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 2: LAND USE PLANNING FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00002 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan to include goals, policies and recommended action measures to reflect current community conditions and values relating to Tigard's Urban Forest. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1,2, 5, 6,and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds that this request meets the necessary approval criteria and that it RECOMMENDS that the City Council amend the Tigard Comprehensive Plan as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 1 OF 19 • • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason,it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter that addresses that particular Statewide Planning Goal. The document before the Planning Commission tonight are Goals, Policies, and Recommended Action Measures for the Urban Forest, to be contained in the Land Use Planning Chapter (Goal 2). The Planning Commission hosted a workshop on March 17th to discuss the background information and draft goals, policies, and recommended action measures that were formulated. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as strikeettts and added text underlined and bolded). Please note that portions of the Background section has been removed and will be considered by the Planning STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 2 OF 19 • • Commission as a separate amendment to the Tigard 2007 document. Also, policies and action measures have been assigned to a specific goal and have been renumbered accordingly. Policies: 4 2.3.2 The City shall require preservation, planting, and/or replacement of understory vegetation : ; ..'.- : - - -- • . . : in order to protect existing trees before, during, and after construction and occupancy; shall be given to the preservation of native or existing understory vegetation that performs the following functions: a. Maintenance of soil health, plant communities, and hydrologic regimes necessary for the associated trees to thrive; b. Habitat for fish and wildlife; c. Water quality enhancement; and d. Soil and Erosion Control. trees and other vegetation. The City shall require and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation. 9 2.3.5 The City shall allow and encourage consideration of appropriate flexibility in site design to allow tree preservation and planting in areas where survival will more likely occur and where better tree cover and canopy will result, particularly€er through the use of trees that will grow large, including long-lived evergreens and broad spreading deciduous varieties. 4.6 2.2.9 When possible and appropriate, the City shall prohibit the use or retention of invasive trees and other plants through the development review process. Recommended Action Measures: 2.2.iv Inventory and evaluate street tree, parking lot and landscape area plantings that have failed to thrive, and determine if atrcct site conditions or management practices can be modified, and/or if trees can be planted elsewhere in the right of way, or on in order to satisfy conditions of development approval or provide the benefits expected of the original planting.. 2.2.v Develop and maintain, as part of the City's GIS and permit systems,a publicly accessible inventory of tree plantings,removals, and the state of the City's urban forest. Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 3 OF 19 • • This amendment is part of a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 2 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's protection and management of the urban forest. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 4 OF 19 • • SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions •Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Newly Adopted Chapters 1, 2, 5 6, and 11 o Old Topics 1 and 3 • Applicable Metro Standards o Title 3 and 13 • Statewide Planning Goals o Goals 1,2, 5,and 11 City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure,Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Chapter 18.390.060.G. Decision-making considerations. 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 5 OF 19 ,/ • Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Newly Adopted Comprehensive Plan Chapters Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Policy 3. The City shall establish special citizen advisory boards and committees to provide input to the City Council, Planning Commission, and City staff. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. The interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Additionally, the Tigard Tree Board met at regular meetings to provide input and develop a formal recommendation to Council, Planning Commission, and staff consistent with Council Resolution 07-30 (Interim Charge Statement for the Purpose of Developing Comprehensive Tree Protection STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 6 OF 19 • • and Urban Forest Enhancement Program). Meetings were open to the public and public comment received during the course of deliberation. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the March 20, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings,posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 7 OF 19 • commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 6: Environmental Quality Goal 6.1 Reduce air pollution and improve air quality in the community and region. Policy 6. The City shall encourage the maintenance and improvement of open spaces, natural resources, and the City's tree canopy to sustain their positive contribution to air quality. Findings: This policy is satisfied by the proposed amendment through Goals 2.2 and 2.3 and their associated Policies [Exhibit"Al Policies 2.2.1 through 2.2.4,and 2.3.4 through 2.3.6. ensure that tree removal is minimized and/or mitigated, that ample space be provided for the planting of new trees, and City regulations are periodically updated to remain effective. Policies 2.2.5 through 2.2.7 require the City to plant new trees and maintain the City's historic investment in trees. Similarly, policy 2.3.7 ensures cooperation with residents and outside entities in the preservation and management of existing tree cover. This protection and enhancement of tree cover can positively affect air quality and contribute towards meeting air quality standards. Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policy 1. The City shall require that all development complies with or exceeds regional, state, and federal standards for water quality. Policy 3. The City shall encourage the use of low impact development practices that reduce stormwater impacts from new and existing development. Findings: This policy is satisfied by the proposed amendment through Goals 2.2 and 2.3 and their associated Policies [Exhibit "Al that require tree removal to be minimized or mitigated, that ample room be provided for the planting of new trees, and that City regulations are to be periodically updated to remain effective. Furthermore, 2.2.5 through 2.2.7 require the City to plant new trees and maintain the City's historic investment in trees, while Policy 2.3.7 ensures cooperation with residents and outside entities in the preservation and management of existing tree cover. This layered protection of tree cover can positively affect water quality and reduce stormwater impacts resulting from development.. Policy 4. The City shall protect, restore, and enhance, to the extent practical, the natural functions of stream corridors, trees, and water resources for their positive contribution to STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 8 OF 19 • • water quality. Policy 5. The City shall require measures to minimize erosion and storm run-off from development sites during and after construction. Findings: This policy is satisfied by the proposed amendment through Goals 2.2 and 2.3 and their associated Policies [Exhibit "Al which emphasize the protection of existing trees, maintenance of a compatible and healthy understory that controls erosion, and a continuing commitment to protect tree cover in sensitive areas such as stream corridors and steep slopes. Chapter 7: Hazards Goal 7.1 Protect people and property from flood, landslide, earthquake,wildfire, and severe weather hazards. Policy 12. The City shall encourage pervious, and minimize impervious, surfaces to reduce storm water runoff. Findings: This policy is satisfied by the proposed amendment through Goal 2.3 and it's associated Policies 2.3.1, 2.3.2 and 2.3.4. The first two require the preservation of existing tree cover and the preservation and/or installation of a compatible understory that, amongst other things, controls soil and erosion. The latter Policy requires the City to enforce site design and landscape requirements to reduce stormwater runoff and other environmental impacts of impervious surfaces. Policy 13. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. Findings: This policy is satisfied by the proposed amendment through Goal 2.2, and more specifically by Policies 2.2.8 and 2.2.9 which establishes an approved tree list for various applications and site conditions, and prohibits the use or retention of invasive trees and other plants through the development review process. Policy 14. The City shall work to reduce the risk of loss of life and damange to property from severe weather events. Findings: This policy is satisfied by Goal 2.3 and Policies 2.3.3 and 2.3.9. The first policy requires the City to ensure tree related hazards to persons and property are addressed and abated in a timely way. The latter requires all applications for tree removal and all tree management plans to be peer reviewed by a certified arborist to ensure their adeequacy. Chapter 8: Parks, recreation,Trails, and Open Space: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 9 OF 19 • 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 recreational; and B. undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space systems. Policy 19. The City shall seek to establish and manage a fully-functional urban forest. Findings: Consistency with this policy is satisfied by Goals 2.2 and 2.3 and their various related policies [Exhibit "Al that ensure tree removal is minimized or mitigated, that ample room be provided for the planting of new trees, and City regulations are periodically updated to remain relevant and effective. This commitment to the protection and enlargement of tree cover is consistent and supportive of the establishment of a fully-functional urban forest. Chapter 9: Economic Development Goal 9. Develop and maintain a strong, diversified, and sustainable local economy. Policy 3. The city's land use and other regulatory practices shall be flexible and adaptove to promote economic development opportunities, provided that required infrastructure is made available. Policy 5. The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. Policy 12: the City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Findings: Stated Goals 2.2 and 2.3 and their implementing policies (Exhibit "A") satisfy this Policy as they strive for economic benefits through a combination of the enlargement and improvement of the existing urban forest, while simultaneously accommodating well-designed urban development that minimizes loss or desires planting, that is intended to result in a high quality environment that rates high for livability and as a location to conduct business. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy 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. Findings: Stated Goals 2.2 and 2.3 and their implementing policies (Exhibit "A") satisfy this Policy as they strive for economic benefits through a combination of the enlargement and improvement of the existing urban forest, while simultaneously accommodating well-designed urban development that minimizes loss or desires planting, that is intended to result in a high quality environment that rates high for livability and supports public and private sector investment that wishes to capture or leverage a high quality urban environment.. Chapter 10: Housing STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 10 OF 19 • • Goal 10.2 Maintain a high level of residential livability. Policy 1. The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. Findings: This policy is satisfied by Goals 2.2 and 2.3 and implementing Policies 2.3.1, 2.3.5, and 2.2.7. More specifically, the first two require all tree removal be minimized, and encourages the use of flexible development standards to maintain existing trees within neighborhoods. Similarly, Policy 2.2.7 requires the City to conduct an ongoing urban forest enhancement program to improve the aesthetic quality and economic value of existing neighborhoods. Policy 8. The City shall require measures to mitigate the adverse impacts from differing or more 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. Findings: This policy is satisfied by Goals 2.2 and 2.3 and implementing Policies 2.3.1, 2.3.5, 2.3.7 and 2.2.7. More specifically, the first two require all tree removal be minimized,and encourage the use of flexible development standards to maintain existing trees within neighborhoods. Policy 2.2.7 requires the City to conduct an ongoing urban forest enhancement program to improve the aesthetic quality and economic value of existing neighborhoods, while Policy 14 requires the use of trees and other vegetation as buffering and screening between differential land uses. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 7. The City shall encourage low impact development practices and other measures that reduce the amount of, and/or treat, stormwater runoff at the source. Findings: This policy is satisfied by the proposed amendment through Goal 2.3, and its implementing policies [Exhibit A]. Policies 2.3.1 and 2.3.2 reduce stormwater runoff by lowering the volume of impervious surface coverage through aminimization of impacts to existing tree cover, and the preservation and/or installation of a compatible understory that maintains natural hydrologic regimes controls soil and erosion. Policy 2.3.4 also requires the City to enforce site design and landscape requirements to reduce environmental impacts of impervious surfaces such as increased stormwater runoff.. Old Comprehensive Plan Topics Topic 1: General Policies Policy 1.1.1 THE CITY SHALL ENSURE THAT: a. THIS COMPREHENSIVE PLAN AND ALL FUTURE LEGISLATIVE CHANGES ARE CONSISTENT WITH THE STATEWIDE PLANNING GOALS ADOPTED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, THE REGIONAL PLAN ADOPTED BY THE METROPOLITAN SERVICE DISTRICT; STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 11 OF 19 • b. ANY NEIGHBORHOOD PLANNING ORGANIZATION PLANS AND IMPLEMENTATION MEASURES ADOPTED BY THE CITY OF TIGARD AFTER THE EFFECTIVE DATE OF THIS COMPREHENSIVE PLAN ARE DESIGNED TO BE CONSISTENT WITH THIS PLAN;AND c. THE TIGARD COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE ARE KEPT CURRENT WITH THE NEEDS OF THE COMMUNITY. IN ORDER TO DO THIS: 1. THIS PLAN SHALL BE REVIEWED AND UPDATED AT LEAST EVERY FIVE YEARS. Policy 1.1.2 THE COMPREHENSIVE PLAN AND EACH OF ITS ELEMENTS SHALL BE OPENED FOR AMENDMENTS THAT CONSIDER COMPLIANCE WITH THE PLANS OF THE METROPOLITAN SERVICE DISTRICT (MSD) OR ITS SUCCESSOR ON AN ANNUAL BASIS, AND MAY BE SO AMENDED OR REVISED IF DEEMED NECESSARY BY THE CITY COUNCIL. ANNUAL AMENDMENT AND REVISION FOR COMPLIANCE WITH THE ABOVE REGIONAL GOALS, OBJECTIVES AND PLANS SHALL BE CONSISTENT WITH ANY SCHEDULE FOR RE-OPENING OF LOCAL PLANS APPROVED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION(LCDC). THIS PROVISION IS NOT TO BE CONSTRUED AS WAIVING ANY LEGAL RIGHTS WHICH THE CITY MAY HAVE TO CHALLENGE THE LEGALITY OF A REGIONAL GOAL,OBJECTIVE,OR PLAN PROVISION. Findings: This update will ensure the City is in compliance with applicable laws, rules,regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 2 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a March 17, 2008 workshop. Topic 3: Natural Features and Open Space Policy 3.4.2 THE CITY SHALL: a. PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM CORRIDORS BY MANAGING THE RIPARIAN HABITAT AND CONTROLLING EROSION, AND BY REQUIRING THAT AREAS OF STANDING TREES AND NATURAL VEGETATION ALONG NATURAL DRAINAGE COURSES AND WATERWAYS BE MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE; b. REQUIRE THAT DEVELOPMENT PROPOSALS IN DESIGNATED TIMBERED OR TREE AREAS BE REVIEWED THROUGH THE PLANNED DEVELOPMENT PROCESS TO MINIMIZE THE NUMBER OF TREES REMOVED;AND c. REQUIRE CLUSTER TYPE DEVELOPMENT IN AREAS HAVING IMPORTANT WILDLIFE HABITAT VALUE AS DELINEATED ON THE "FISH AND WILDLIFE HABITAT MAP" ON FILE AT THE CITY. d. ADDRESS GOAL 5 RULE REQUIREMENTS PERTAINING TO THE PRESERVATION OF WETLANDS ONCE ADEQUATE INFORMATION ON THE LOCATION, QUALITY, AND QUANTITY OF WETLAND SITES IS OBTAINED. THIS GOAL 5 REVIEW WILL INCLUDE DETERMINING WHICH WETLAND SITES ARE ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT. CITIZENS WILL PARTICIPATE IN MAKING POLICY RECOMMENDATIONS FOR THE PROTECTION AND PRESERVATION OF THOSE WETLAND AREAS DESIGNATED AS SIGNIFICANT. THE CITY SHALL COMPLETE ITS GOAL 5 STAFF REPORT TO TIE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 12 OF 19 • • REVIEW OF WETLAND AREAS BEFORE THE CITY'S NEXT PERIODIC REVIEW,BUT NO LATER THAN DECEMBER 23,1996. Findings: This policy is satisfied by the proposed amendment through Goals2.2, and specifically Policies 3 and 6 which implement that Goal. Policy 3 ensures the City continues to regulate the removal of trees in sensitive areas such as wetlands, stream corridors, and riparian habitat. Policy 6 specifically applies to publicly owned land and requires the City to establish and enforce tree protection regulations in parks and other public lands, many of which contain the sensitive areas addressed above. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated with flooding. Findings: In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply with Title 3 of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood management requirements for the region. The adopted standards were based on a unified program developed by local governments in the Tualatin Basin and implemented through Clean Water Services (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and address the Clean Water Act and Endangered Species Act (ESA). The proposed amendment, specifically Goal 2.2 and 2.3 and their associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. The policies also outline the City's commitment to requiring new development to protect trees, and for the City to manage and enhance the urban forest to maximize overlapping benefits such as habitat and water and air quality. Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods — conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their flooplains in a manner that is integrated with upland wildlife habitat and with the surrounding urban landscape; and control and prevent water pollution for the protection of the public health and safety, and to maintain and improve water quality throughout the region. Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to develop a program to meet Statewide Goal 5 requirements for inventorying riparian areas and wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13 (the regional Nature in Neighborhoods program). The Tualatin Basin Fish and Wildlife Habitat Program was developed to complement Clean Water Services Design and Constructions Standards to protect the beneficial uses of water (including rivers, streams and creeks)within the Tualatin Basin. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 13 OF 19 • • The proposed amendment, specifically Goals 2.2 and 2.3 and their associated policies (see Exhibit A), will continue to ensure compliance with Title 13 requirements and standards. Policies 2.2.1 through 2.2.3 provide clear direction for the city to coordinate and enhance existing and future protections for trees across the city, including habitat areas and other sensitive lands. Similarly, Policies 2.3.1, 2.3.2, and 2.3.7 require property owners to minimize impacts to existing tree cover, to focus preservation on native trees, and to cooperate with property owners and other stakeholders involved in the management and preservation of wetlands, stream corridors, habitat areas, and similar resources. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 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. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the Tigard Tree Board met at regular meetings to provide input and develop a formal recommendation to Council, Planning Commission, and staff consistent with Council Resolution 07-30. Meetings were open to the public and public comment received during the course of deliberation. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the March 20, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 -Land Use Planning: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 14 OF 19 S • This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal S-Natural Resources This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to protect and enhance the quality and functions of Tigard's urban forest that can lead to improved natural resource functions. Proposed Goals 2.2 and 2.3 and their associated policies (see Exhibit A), provide clear direction that enlargement, improvement, and protection of the urban forest is an important component of the community and the City will continue in management and protection of trees and their understory vegetation. This policy direction is an enhancement to Goal 5 protections already in place in the community. Statewide Planning Goal 6:Air, Water, and Land Resources Quality To maintain and improve the quality of the air,water, and land resources of the state. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to manage the urban forest in a manner that maintains and improves the quality of the air, water, and land resources of the state. Proposed Goals 2.2 and 2.3 and associated policies (Exhibit "A") are consistent with this goal in that they aim to minimize erosion, limit stormwater run-off impacts, improve air quality, and buffer differential land uses from one another through the maintenance and planting of trees. All of these policies have the ability to improve air and water quality in the community. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The proposed amendment is consistent with this goal as the proposed Goals 2.2. and 2.3 and their associated policies direct the city to maintain and periodically update the various codes, regulations, standards and programs related to tree preservation, planting and management throughout the City. This update will ensure that the variously impacted departments operate in a unified manner towards the enhancement of a green infrastructure asset. This update will also ensure continued compliance with Statewide Planning Goal 11 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at the March 17 workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 15 OF 19 • CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Engineering Division, Current Planning Division and Public Works Department has had an opportunity to review this proposal and did not comment. The Parks Division reviewed the proposal and provided the following comment: "I like the word flexibility in [Policy 2.3.5] and maybe it could be used in [Policy 2.3.6] such as: Flexibility should be encouraged on projects if it will yield better tree cover and canopies." Findings: Comment duly noted. Staff has inserted the suggested language into Policy 2.3.5 rather than 2.3.6 in order to maintain the consistency of theme within each policy. CONCLUSION: Based on the one response from City staff, staff finds the proposed amendment does not interfere with the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: Beaverton School District City of Durham City of Beaverton City of King City City of Lake Oswego City of Portland City of Tualatin Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Environmental Quality Oregon Department of Fish and Wildlife Oregon Department of Transportation, Region 1, District 2A Oregon Public Utilities Commission Tigard-Tualatin School District 23J TriMet Transit Development Tualatin Valley Fire & Rescue Tualatin Valley Water District Oregon Department of Land Conversation and Development Clean Water Services STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 16 OF 19 • I CONCLUSION: Based on the analysis above, staff finds that the comments and subsequent edits to the proposed amendment are in the best interest of the City and recommends inclusion of the changes in the language of this proposal. SECTION VIII. CITIZEN COMMENTS Ernie Platt, Director of Local Government Affairs for the Home Builders Association (HBA) of Metropolitan Portland, submitted the comments in response to materials distributed for, and discussion at, the March 17, 2007 Planning Commission workshop. Excerpts are below, a complete copy of these comments is attached as Exhibit`B". "We believe [Policy 2.3.1, formerly #3], as written, will establish the mere existence of a tree as a trigger point for the Type 3 approval process...as you know, HBA appealed the Director's interpretation on the basis that the existence of a tree on land zoned for development should not trigger this type of planning step. We believe this argument holds true fore this portion of Policy 3 and ask that it be removed." Findings: The policy, as written, leaves the City with wide latitude as to how it is implemented. Specific procedures including quasi-judicial and legislative processes are not defined. As a result their concern cannot be determined at this time. "Based on alternative language offered by [Assistant Community Development Director] Ron Bunch Policy [2.3.4, formerly#7] has improved to some extent....I'm not certain,but based on my notes I don't recall "enforce" in Ron's original draft. We believe the word `enforce' should be removed" Findings: The word enforce was recorded in the minutes and staff recommends its inclusion to ensure that the city has a solid legislative basis to enforce site design and landscape standards over the life of a development project. "Perhaps the easiest way to deal with [mitigation] is to acknowledge or provide flexibility so that developers have an incentive to plant more trees in developments and incorporate existing trees into the landscape plans. The language below was offered by Alan DeHarpport in a set of comments to the Tree Board. "For properties that have future development potential, regulations exist in the City Development Code that require dedication of public rights-of-way for public amenities including streets, sidewalks, planter strips, and bike lanes. In addition, regulations exist within the City Development Code that require clearing to accommodate structures on building sites on properties zoned for future development. Therefore, the City shall not require tree mitigation for right of way dedications and for the clearing of building footprints as required by the City Development Code." Findings: This language was deliberated at prior meetings of the Tree Board and found to be overly specific for a policy statement. Specific amendments to mitigation standards are more appropriate for a coordinated and comprehensive municipal and development code review and update called for in Policies 1 and 2 and Recommended Action Measures i and ix. [Policy 2.3.5, Formerly #9] adds to the overall theme that again raises the existence of a tree to the level of a sensitive resource, wetland, and ripanan area triggering a Type 3 application. Findings: The policy, as written, only "allows and encourages" a course of action, it does not mandate one. Additionally, the Policy leaves the City with wide latitude as to how it is implemented. Specific procedures including quasi-judicial and legislative processes are not defined. As a result their concern cannot be determined at this time. (Policy 2.3.7, Formerly #14) is the policy inconsistency with the current mitigation policy. If the City of Tigard wants to promote and maintain the existence of street trees, than STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 17 OF 19 • I why can't a developer count street trees as part of the mitigation plan? It makes no sense and provides little incentive to even plant street trees unless the trees count toward the overall mitigation option. Findings: Policy 2.3.7 directs the city to "continue to cooperate" with various parties to "manage and preserve street trees, tree groves, specimen and heritage trees, and other vegetation." This policy does not conflict or prevent the City from considering amendments to mitigation requirements as they pertain to street trees. John Frewing attended and reviewed the materials presented at the March 17, 2007 workshop. His comments are as follows: "No policy addresses the multi-year practice of`thinning trees, then completely removing them, then applying for site development without the burden of the preservation of trees' which has been a source of great concern by Tigard citizens over the plast few years. The new comp plan policies should include working which would provide a basis for regulations on this specific matter" Findings: This legislative basis is contained in Policies 2.2.1 and 2.3.3. "A policy in the new Comp Plan should provide a basis for the City to use overlays to map tracts for the special protection or development of specific tree types which are ' historically important to Tigard." Findings: This legislative basis is contained in Policies 2.2.1 and 2.3.3 "Wording in at least one policy should provide a basis for later development of regulations which require "alternatives" in specified situations where tree removal is to be minimized. Without some alternatives analysis, it is impossible for anyone to say that tree removal has been minimized." Findings: This legislative basis is contained in Policies 2.2.1 and 2.3.3 "It is important that a comp plan policy express the need and the obligation of the City to retain records of tree protection plans and planting campaigns and mitigation plantings so as to evaluate the success and compliance with these approved documents after several years time. This policy statement need not impinge on legitimate privacy needs of individuals but the regulatory or publicly supported planting of trees should be publicly accessible." Findings: This legislative basis is contained in Policies 2.2.1 and 2.3.3, if not specifically mentioned. "The status of the proposed `Urban Forestry Master Plan' shold be clarified in a policy statement in addition to Action Measure i. Without formal adoption by City Council, this action item is without meaning." Findings: Comment noted. "Goal [2.3]. I thought the intent of the Planning Commission would be served by simply adding the word `significant'in front of the word `living' in the last line." Findings: Comment noted. "Policy [2.3.2]. I thought the intent of the Planning Commission would be served by simply adding the word `designated' in front of the word `protected' in the first line. Findings: Comment noted. "Policy [2.3.4]. Ron Bunch suggested some decent wording" STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 18 OF 19 • • Findings: Comment noted. "Policy [2.3.6]. There was concern whether this was a new requirement (no). However, I think reference should be made to the inclusion of mapped tree protection zones in the required plan, giving a basis for what is a current requirement." Findings: Comment noted. "Policy [2.2.9]. I think the discussion concluded that, yes, it is a good policy to prohibit invasives, even in wetlands. However, I think that another verb should be added to the `prohibit' action,perhaps something like `and use other programs for removal' so that this policy is useful in other development applications." Findings: Comment noted. "A policy should be included in the new comp plan which gives a legislative basis for regulations which allow a variety of different uses of the tree removal and mitigation funds." Findings: This legislative basis is contained in Policy 2.2.1,if not specifically mentioned. SECTION IX. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan,and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: WRITTEN COMMENTS SUBMITTED BY HOME BUILDERS ASSOCIATION OF METROPOLITAN PORTLAND (MARCH 21, 2008) EXHIBIT C: WRITTEN COMMENTS SUBMITTED BY JOHN FREWING (MARCH 18) EXHIBIT D: WRITTEN COMMENTS SUBMITTED BY JOHN FREWING H 1:) March 31 2008 PREP %' BY: John Floyd DATE Associate Planner fiee (l'eCb& March 31 2008 APPROVED BY: Ron Bunch DATE Planning Manager STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00002 STATEWIDE PLANNING GOAL 2 PAGE 19 OF 19 • EXHIBIT A • Comprehensive Plan Amendment: Tigard's Urban Forest Background Statement and Goals, Policies, and Action Measures Statewide Planning Goal 2: Community Design - Trees and Other Vegetation A defining community feature of Tigard is its trees and the urban forest they create. Unlike natural forests or managed timberland, Tigard's urban forest is a mosaic of native forest remnants and planted landscape elements interspersed with buildings, roads and other elements of the urban environment. The protection, management, and enhancement of this resource is important not only for Tigard's aesthetic identify and sense of place, but for the social, ecological, and economic services it provides to the community. Overview Trees and other types of vegetation are integral to the quality of Tigard's aesthetic, economic, and natural environments. Plants provide variation in color, texture, line and form that softens the hard geometry of the built environment. They also enhance the public and private realm through the provision of shade from the sun and wind, providing habitat for birds and wildlife, enhancing community attractiveness and investment, improving water quality and soil stability, and promoting human health and well-being. Tigard's trees and native plant communities have experienced significant disruption and displacement, first by agriculture and logging in the 19th century, and by increasingly dense urban development in the 20th Century. Competition from introduced invasive species such as English ivy, reed canary grass, and Himalayan blackberries has made it difficult for remaining native plant communities to thrive. However, remnant stands of native tree and associated plant communities still remain within the City Limits. Trees are important members and contributors to natural resource systems including upland habitat areas and plant communities, and functioning riparian corridors including the Tualatin River, Fanno Creek and its tributaries, and their adjacent flood plains and wetlands. In addition to remnants of the native forest, Tigard possesses a large number of mature and outstanding specimens of native and non-native trees planted when the area was rural country-side in the late 19th and early 20th centuries. Aerial photos demonstrate that increasingly more trees were planted on both public and private property during a period of large lot residential subdivision development from the late 1940's through the 1970's, many of which survive to this day. Community Values Community attitude surveys reveal that Tigard Citizens place high value on the protection of trees and are concerned about the impact of development upon existing tree resources. Community surveys conducted in 2004 and 2006 show that residents value their neighborhood as a suburban retreat, a place that allows for views of trees and other natural areas. The 2006 Community Attitudes Survey found "the protection of trees and natural resource areas" as rating the highest of all "livability" characteristics posed to the respondents, scoring 8.4 out of 10 points. Preservation of trees and other natural resources 1 • scored higher on resident's livability index than neighborhood traffic (8.2), maintaining existing lot sizes (7.8), pedestrian and bike paths (7.7), and compatibility between existing and new development (7.6). A follow-up question contained in the 2007 survey revealed that 84% of Tigard Residents supported regulations to protect existing trees, with only 6% strongly disagreeing and 9% somewhat disagreeing. In addition, 90% of Tigard residents thought the City should take the lead in preserving open space. These values are also shared by residents of adjoining jurisdictions who maintain, or have begun significant updates to, their tree protection ordinances. Existing Tree Planting and Management Programs The City of Tigard has been a Tree City, USA since 2001 because of aggressive programs to plant trees on public property. In partnership with Clean Water Services, the City of Tigard is in the early stages of a series of stream restoration and enhancement projects intended to improve water quality, reduce erosion, and provide shade, structure and food sources to fish and other wildlife. Projects currently underway within the City's floodplains and riparian areas will result in the planting of approximately 100,000 native trees over a 10 year period (Fiscal Years 2001-2011). Through volunteer projects, cooperative efforts with non-profits, contract services, and the labor of Public Works crews, thousands of young trees are annually planted on public property. Not including restoration projects, the City's Public Works Department annually plants approximately 250 new or replacement trees on public lands, distributes approximately 50 street trees each year to private property owners through the Street Tree Program, and plants an addition 25 trees in celebration of arbor day. Native species are given preference and are regularly planted along trails, riparian areas, and in new park and green space areas. The objective is to increase the total number of trees, particularly in areas where summer shade is desired such as picnic areas and next to sidewalks. Money is budgeted each year to maintain new trees being established and to remove hazard trees located on public property. As more public property is added and trees grow older, the number of hazard trees pruned or removed each year will continue to grow. The level of new tree planting is limited by the maintenance capacity of City work crews. Existing Regulatory Environment Conditions and circumstances have significantly changed since the adoption of Tigard's Comprehensive Plan in 1983. Rapid urban development has resulted in a general perception that the City has experienced a significant loss of tree canopy, and other vegetation essential for wildlife habitat, erosion control, slope stability, water quality, air-quality, and community aesthetics. Driving this perception are METRO land use regulations, failed annexation efforts and changing market conditions resulting in higher density development than was anticipated in 1983, further challenging the City to protect trees and canopy cover while accommodating new development. Additionally, the City does not currently have a comprehensive tree management and urban forest enhancement program to address these issues in a unified and consistent manner. As a result there is general feeling among residents, developers, and other stakeholders that the existing regulatory structure is not adequate and hinders both the strategic protection of trees and the orderly urbanization of the City. 2 i • The City has historically relied upon its Development Code to manage and protect trees on private property, particularly heritage trees and those located within steep slopes, wetlands, and other sensitive lands. Existing regulations require new development to protect and/or replace existing trees wherever possible, to pay into a mitigation fund when trees are removed, and to plant new street trees and landscape trees as part of all new construction. In addition, trees within vegetated corridors surrounding wetlands, riparian corridors, and other natural bodies of water are also protected by Clean Water Services as part of their stormwater management program. These regulatory structures do not recognize or protect existing trees outside of those areas, and offer little protection unless a development action is pending, or prior conditions of development approval designated the affected tree(s) for future protection. As a result, the existing regulatory structure does not encompass a significant number of trees across the city, which may be removed by the property owner without City consultation or permit. Additionally, because the City does not have a comprehensive tree removal consultation or permit system, protected trees (such as street trees) have been removed despite existing regulations or restrictions in force. At present the City is unable to fully respond to stakeholder desires and changing environmental conditions as the existing Comprehensive Plan does not provide the legislative basis to develop enhanced standards and programs. Consequently the City must update the Comprehensive Plan by establishing relevant goals, policies, and action measures to enable the development of adequate and comprehensive regulatory tools and forest enhancement programs. KEY FINDINGS • A defining community feature is Tigard's urban forest, a mosaic of native forest remnants and planted landscape elements interspersed throughout the City. • This urban forest provides social, economic, and ecological services that create public and private value to residents, businesses, and visitors. • Mature and well-managed trees provide the maximum public benefits. • The City continues to allocate staff and resources to tree planting, tree maintenance, and outreach activities. Additionally, new development is required to install street trees, landscape trees, and trees for mitigation purposes. • The existing urban forest continues to experience significant disruption and displacement through the conversion of land to more intense urban land uses and competition from invasive species. • Existing tree regulations are dispersed throughout the code; applied by multiple divisions in a non-unified and inconsistent manner; and sometimes conflicting between different code sections. • The City does not presently have a comprehensive and unified process to monitor tree removal and enforce existing tree protections outside of development permit review. Furthermore, landowners are not always aware of regulatory protections applicable to their property or street trees adjacent to their property. • Community attitude surveys reveal that Tigard residents place high value on the protection of trees within the community, that they are concerned about the impact of development upon existing tree resources,and are strongly in favor of a regulatory • structure that would protect additional trees. 3 • • GOAL 2.2: To enlarge, improve and sustain a diverse urban forest to maximize the economic, ecological, and social benefits of trees and associated vegetation. POLICIES 1. The City shall maintain and periodically update policies, regulations and standards to inventory, manage, preserve and enhance the community's tree and vegetation resources to promote their environmental, aesthetic and economic benefits. 2. The City's various codes, regulations, standards and programs relating to landscaping, site development, and tree management shall be consistent with, and supportive of, one another; administration and enforcement shall be regulated and coordinated by the variously impacted departments. 5, 3. The City shall continue to regulate the removal of trees, within environmentally sensitive lands and on lands subject to natural hazards. 8, 4. The City shall ensure that street design and land use standards provide ample room for the planting of trees and other vegetation, including the use of flexible and incentive based development standards. 44- 5. The City shall require the replacement and/or installation of new street trees, unless demonstrated infeasible, on all new roads or road enhancement projects. Trees should be planted within planter strips, or at the back of sidewalks if planter strips are not feasible or would prohibit the preservation of existing trees. 4- 6. The City shall establish and enforce regulations to protect the public's investment in trees and vegetation located in parks, within right-of-ways, and on other public lands and easements. 7. The City shall conduct an ongoing tree and urban forest enhancement program to improve the aesthetic experience, environmental quality, and economic value of Tigard's streets and neighborhoods. 4-5 8. The City shall continue to maintain and periodically update approved tree lists for specific applications and site conditions, such as street trees, parking lot trees, and trees for wetland and riparian areas. 4-67 9. When possible and appropriate, the City shall prohibit the use or retention of invasive trees and other plants through the development review process. 4& 10. The City shall require, as appropriate, the use of trees and other vegetation as buffering and screening between incompatible uses. • RECOMMENDED ACTION MEASURES i. Develop and implement a comprehensive, coordinated update and enhancement of all tree and associated vegetation related regulations, standards, programs, and plans, 4 . • including the development of a citywide Urban Forestry Management Master Plan that will establish measurable goals, standards and guide City actions regarding the Urban Forest. ii. Develop and implement an inspection and enforcement program that will ensure ongoing maintenance of trees and other vegetation required by development approval, with particular attention to challenges introduced by the change of ownership of affected properties. iii. Develop and implement an inspection and enforcement program that will ensure non-development related tree management and removal complies with the City's tree protection ordinances such as heritage trees, street trees, and trees on sensitive lands. v-iv. Inventory and evaluate street tree, parking lot and landscape area plantings that have failed to thrive, and determine if street site conditions or management practices can be modified, and/or if trees can be planted elsewhere on private property in order to satisfy conditions of development approval or provide the benefits expected of the original planting.. v. Develop and maintain, as part of the City's GIS and permit systems, a publicly accessible inventory of tree plantings, and the state of the City's urban forest. vi. Develop and distribute educational materials and programs regarding City policies, regulations, and good arboricultural practices for the general public, developers and city staff regarding tree planting, maintenance, and protection. Materials should be published in both paper and electronic media and in multiple languages. Particular focus should be given to new property owners who may be unfamiliar with the City's regulations and development related restrictions affecting their property. vii. Encourage and promote the removal of nuisance/invasive plants, and the installation of trees and vegetation that are low maintenance, drought tolerant, site appropriate, and require minimal chemical applications. Strategies could include the production and distribution of approved tree lists to area nurseries, landscaping companies, libraries and similar businesses and public resources. viii. Utilize approved tree and plant lists that emphasize long lived evergreens, broad- spreading deciduous varieties, and native species, but allow flexibility to choose a wide variety of species that are proven suitable for local climate conditions and for specific uses and locations. ix. Encourage efforts by community groups and neighborhoods to plant trees and undertake other projects, such as restoration of wetlands and stream corridors. x. Maintain a list of invasive plants, discourage the sale and propagation of these plant materials within the City, promote their removal, and prevent their reestablishment or expansion. 5 • • Goal 2.3: To balance the diverse and changing needs of the City through well-designed urban development that minimizes the loss of existing trees and associated vegetation, and creates a living legacy for future generations. POLICIES 1. The City shall require all development and non-development related tree removal to minimize impacts on existing tree cover, with priority given to native trees and non- native varietals that are long lived and/or provide a broad canopy spread before, during and after construction and subsequent occupancy; removal of trees shall be mitigated,with priority given to the preservation of existing trees over mitigation. 4 2. The City shall protect major require preservation,planting, and/or replacement of understory vegetation associated with protected trees is protected in order to protect existing trees before, during, and after construction and occupancy; Thin protection shall occur in such a manner that the following function3 shall be preserved: priority shall be given to the preservation of native or existing understory vegetation that performs the following functions: a. Maintenance of soil health, plant communities, and hydrologic regimes necessary for the associated trees to thrive; b. Habitat for fish and wildlife; c. Water quality enhancement; and d. Soil and Erosion Control. F,3. The City shall address public safety concerns by ensuring ways to prevent and resolve verified tree related hazards in a timely manner. 7,4. The City shall require and enforce the mitigation of the aesthetic and environmental The City shall require and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation. 9, 5. The City shall allow and encourage consideration of appropriate flexibility in site design to allow tree preservation and planting in areas where survival will more likely occur and where better tree cover and canopy will result, particularly for through the use of trees that will grow large, including long-lived evergreens and broad spreading deciduous varieties. 4&6. The City shall require all development, including City projects, to prepare and implement a tree preservation and landscaping plan, with the chosen trees and other plant materials appropriate for site conditions. 44 7. The City shall continue to cooperate with property owners, businesses, other jurisdictions, agencies, utilities, and non-governmental entities to manage and 6 • • preserve street trees,wetlands, stream corridors, riparian areas, tree groves, specimen and heritage trees, and other vegetation. 4:7. 8. The City shall require, as appropriate, tree preservation strategies that prioritize the retention of trees in cohesive and viable stands and groves instead of isolated specimens. 4-9-9. Applications for tree removal and tree management plans shall be reviewed by a certified arborist employed or under contract to the City. RECOMMENDED ACTION MEASURES Develop and implement regulations, standards, and incentives to encourage developers to transfer density, seek variances and adjustments necessary to preserve trees and natural open space in a manner that exceeds the requirements of the Development Code. i ii. Develop tree-mitigation regulations and standards to guide the City in assessing fees or compelling compensatory action resulting from violation of its tree protection standards and/or conditions of development approval. Consideration shall be given to off-site mitigation on both public and private lands, and the maintenance of a publicly accessible registry of mitigation sites both historical and potential. iii. Conduct surveys, workshops, and/or other public outreach strategies to identify and implement an appropriate strategy and form for tree protection regulations outside of the development review process. iv. Encourage other jurisdictions operating within and adjacent to Tigard to prepare and implement a tree preservation and landscaping plan as part of all development and infrastructure projects. 7 S PPR I EXHIBIT B HBA Home Builders Association of Metropolitan Fbrdand • March 21, 2008 Ms. Jodie Inman, President Tigard Planning Commission City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Commission President and Members of the Commission: • As you know Home Builders Association of Metropolitan Portland (HBA) and several members have had a chance to offer comments regarding the work of the Tigard Tree Board. During the last 12-18 months HBA and/or its members have offered specific comments regarding various policy drafts amending Tigard's Urban Forest Policy. While some of these comments may well have been incorporated into the current draft there are still a few points of concern we would like to bring up once again. I have included copies of written comments offered by Alan DeHarpport an HBA member who has been active in this process. His comments are important to this overall conversation, because for the high priority items dealing with mitigation his words have not been incorporated into the°text or context of this work, and are embodied in the comments we are offering with respect to policy #7.. Policy#3 "Removal of trees shall be mitigated, with priority given to the preservation of existing trees over mitigation". This proposed language seems to track with recent concerns over the Tigard Planning Director's interpretation of"Protection is preferred over removal wherever possible" within Section 18.790.030. We believe this policy, as written, will establish the mere existence of a tree as a trigger point for the Type 3 approval process. From HBA's perspective the Type 3 process was established to deal with sensitive sites on the scale of a wetland, riparian area, or identified resource site. As you know, HBA appealed the Director's interpretation on the basis that the existence of a tree on land zoned for development should not trigger this type of planning step. We believe this argument holds true for this portion of Policy 3 and ask that it be removed. 15555 SW Bangy Road • Suite 301 • Lake Oswego, Oregon 97035 Phone: 503.684.1880 • Fax: 503.684.0588 • www.homebuildersportland.org • Striving for Affordability,Balance and Choice • • Policy#7 Based on alternative language offered by Tigard planner Ron Bunch policy 7`h has improved to some extent. The Policy now reads, "The city shall require and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation." I'm not certain,but based on my notes I don't recall "enforce"in Ron's original draft. We believe the word"enforce"should be removed from the policy. The other factor in this proposed policy is some direction or recognition of how tree mitigation can occur. As you heard from Jim,McCauley, VP of Government Affairs for HBA our concern lies more with the details of how this vision is applied to the current mitigation policy applied on the ground. At this time, The City does not allow developers to count street trees as part of mitigation, yet in several passages in this document places a high value on street trees. The street and utility rights-way and the home footprint are also not allowed to modify the overall tree count. What's so difficult to accept is that the land is designated for development, and designated for a certain overall density. This is simply beyond a developers control and we as a group should not be penalized for the building footprint due to the density overlay or the rights-of-way associated with the roads and utility corridors required by the city. Perhaps the easiest way to deal with this is to acknowledge or provide for flexibility so that developers have an incentive to plant more trees in developments and incorporate existing trees into the landscape plans. The language below was offered by Alan DeHarpport in a set of comments to the Tree Board. "For properties that have future development potential, regulations exist in the City Development'Code that require dedication of public rights-of-way for public amenities including streets, sidewalks,planter strips, and bike lanes. In addition, regulations exist within the City development code that require clearing to accommodate structures on building sites on properties zoned for future development. Therefore, the City shall not require tree mitigation for right of way dedications and for the clearing of building footprints as required by the City Development Code. " Policy#9 This policy adds to the overall theme that again raises the existence of a tree to the level of a sensitive resource, wetland, and riparian area triggering a Type 3 application. Policy#14 This is the policy inconsistency with the current mitigation policy. If the City of Tigard wants to promote and maintain the existence of street trees, than why can't a developer count street trees as part of the mitigation plan. It makes no sense and provide little incentive to even plant street trees unless the trees count toward the overall mitigation options. • • Thank e. for the opportunity to submit comments on these proposed policies. Sin.-re E ie Pla t irector of Local Government Affairs • • • • Pm% HBA ��i�= s��� � ��1 ) Home Builders Association i t,d o: 1 r` " of Metropolitan Portland 15555 SW 13angy Road,Suite 301 • Lake Oswego,Oregon 97035 p /C T V+ )l � S (" / °�� 6�L1��;1G0(�!iPalP�oeanf�a�lN MS.JODIE INMAN, President TIGARD PLANNING COMMISSION CITY OF TIGARD 13125 SW HALL BLVD. 0 TIGARD, OR 97223 • • • EXHIBIT C John Floyd From: John Frewing [jfrewing @teleport.comj Sent: Tuesday, March 18, 2008 9:27 AM To: John Floyd Cc: Sue Beilke Subject: Goals, Policies and Action Measures for Trees John, I just want to write down the several comments I made last evening at the Planning Commission Workshop and also send along my thoughts on changes which the Planning Commission seemed to suggest in one form or another. FREWING COMMENTS 1. No policy addresses the multi-year practice of"thinning trees, then completely removing them, then applying for site development without the burden of considering the preservation of trees"which has been a source of great concern by Tigard citizens over the past few years. The new comp plan policies should include wording which would provide a basis for regulations on this specific matter. It is a very visible and important issue. 2. A policy in the new comp plan should provide a basis for the city to use overlays to map tracts for the special protection or development of specific tree types which are historically important to Tigard. Species which come to mind are Oregon Ash, Valley Ponderosa Pine, Oregon White Oak. 3. Wording in at least one policy should provide a basis for later development of regulations which require 'alternatives analysis' in specified situations where tree removal is to be minimized. Without some alternatives analysis, it is impossible for ANYONE to say that tree removal has been minimized. The details and range of alternatives analysis is appropriately left to later development of regulations. 4. It is important that a comp plan policy express the need and obligation of the city to retain records of tree protection plans and planting campaigns and mitigation plantings so as to evaluate the success and compliance with these approved documents after several years time. This policy statement need not impinge on legitimate privacy needs of individuals, but the regulatory or publically supported planting of trees should be publically accessible. See Rec Action Measure vi. 5. The status of the proposed 'Urban Forestry Management Master Plan' should be clarified in a policy statement in addition to Rec Action Measure i. Without formal adoption by City Council, this action item is without much meaning. NOTES ON PLANNING COMMISSION SUGGESTIONS a. Goal 2. I thought the intent of the Planning Commission would be served by simply adding the word 'significant' in front of the word 'living' in the last line. b. Policy 4. I thought the intent of the Planning Commission would be served by simply adding the word 'designated' in front of the word 'protected' in the first line. c. Policy 7. Ron Bunch suggested some decent wording. d. Policy 10. There was concern whether this was a new requirement(no). However, I think reference should be made to the inclusion of mapped tree protection zones in the required plan, giving a basis for what is a current requirement. e. Policy 16. I think the discussion concluded that, yes, it is a good policy to prohibit invasives, even in wetlands. However, I think that another verb should be added to the'prohibit' action, perhaps something like'and use other programs for removal', so that this policy is useful in other than development applications. John, when you receive the comments from the HBA, I would appreciate it if you would forward a copy to me for my reading before the April 7 hearing. Thanks very much. 1 A • • EXHIBIT D John Floyd From: John Frewing [jfrewing @teleport.cor] Sent: Tuesday, March 18, 2008 12:30 PM To: John Floyd Subject: Trees- Policies and Action Statements John, I forgot to include one comment which came up near the end of last night's workshop with the Planning Commission. Tony Tycer perhaps started the conversation when he suggested something about'privatizing' the protection of trees. The conversation wandered about, but the conclusion I heard was that City of Tigard should be more creative about the use of its tree removal and mitigation funds. A policy should be included in the new comp plan which gives a legislative base for regulations which allow a variety of different uses of the tree removal and mitigation funds. One example was the purchase of restrictive covenants on particular trees which are of civic importance. Maybe another would be to contract for the care of heritage trees. Another legitimate use would seem to be enforcement expenses. As a policy, the statement should be broad. Maybe something like, "Tigard shall maximize the usefulness of its tree removal and mitigation funds toward enhancing the urban forest. A wide range of programs and expenses may be appropriate towards this end, including purchase of land or covenants, maintenance of important trees, enforcement, etc." Thanks for your consideration of such a policy. John Frewing 1