07/19/2004 - Packet POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
AGENDA '
�
City of Tigard
ang TIGARD PLANNING COMMISSION spA ate, cy
JULY 19, 2004 7:00 p.m.
TIGARD CIVIC CENTER— TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
1. CALL TO ORDER
2. ROLL CALL
3. COMMUNICATIONS
4. APPROVE MINUTES
5. PUBLIC HEARING
5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 AFFORDABLE
HOUSING CODE AMENDMENT
REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of
the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing
within the community and to provide additional evidence of Metro Title 7 compliance.
LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6
and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and
8.
6. GOAL 5 WORKSHOP
7. OTHER BUSINESS
8. ADJOURNMENT
•
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
July 19, 2004
1. CALL TO ORDER
President Padgett called the meeting to order at 7:00 p.m. The meeting was held in
the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Padgett; Commissioners Bienerth, Buehner,
Meads, and Munro
Commissioners Absent: Commissioners Caffall, Haack, and Sutton
Staff Present: Duane Roberts, Associate Planner; Julia Hajduk, Associate
Planner; Jerree Gaynor, Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS
• The next meeting is scheduled for August 16th
• Eight Planning Commission applicants will be interviewed for the open and
alternate positions.
• The secretary has copies of the Government Standards & Practices training .
• President Padgett wants to have a workshop on planned developments in
September.
• President Padgett reminded the Commissioners about the Bull Mountain
Annexation hearing on July 27th. Commissioners may testify as individuals, not as
representatives of the Planning Commission.
• Discussion was held on meeting attendance.
4. APPROVE MEETING MINUTES
It was moved and seconded to accept the June 21, 2004 meeting minutes as
submitted. The motion passed by a vote of 4-0. Commissioner Buehner
abstained.
5. PUBLIC HEARING
5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 AFFORDABLE
HOUSING CODE AMENDMENT
REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of
Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of
affordable housing within the community and to provide additional evidence of
Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.380 and
18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals
1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8.
PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 1
0
STAFF REPORT
Associate Planner Duane Roberts presented the staff report on behalf of the City.
He noted that these are housekeeping amendments to the Housing Chapter of
the Comprehensive Plan — there are no new affordable housing policies or
implementation measures proposed. The purpose of the amendments is to
update the Housing Chapter of the Comp Plan and to demonstrate Metro Title 7
compliance. Roberts highlighted the proposed amendments and asked the
Commission to make a recommendation of approval to Council.
Commissioner Buehner asked if these amendments might be changed with the
upcoming Comprehensive Plan update. Roberts did not foresee any major,
mandatory changes to the Housing Chapter with the Comp Plan update.
Commissioner Meads asked about density bonuses. Roberts said that the
Council considered density bonuses for affordable housing, but did not adopt the
code.
Commissioner Meads asked about items mentioned in a letter from John Frewing
(Exhibit A). Roberts answered that he responded to the letter. He said Frewing
was not aware of the existing adopted Affordable Housing Program. With regard
to ensuring that affordable housing is dispersed, Roberts noted that we have an
agreement with Washington County about location of affordable housing.
Discussion was held on manufactured housing. It was noted that we are bound
by state laws regarding placement of manufactured houses.
PUBLIC TESTIMONY
None
PUBLIC HEARING CLOSED
Commissioner Buehner moved to recommend approval to Council of CPA 2004-
00002, based on findings in the staff report and discussion held during the public
hearing. Commissioner Bienerth seconded the motion. The motion passed
unanimously.
6. GOAL 5 WORKSHOP
Associate Planner Julia Hajduk handed out copies of a PowerPoint presentation
(Exhibit B). She noted that the objective of Goal 5 is to improve the overall
environmental health of the Tualatin River basin. She went over the presentation
with the Commission, advising that we are now in step 3 of the action plan.
Hajduk advised that it has not been decided who will determine the 50% of
mitigation. The concept will be presented at the public hearing. After that time, the
Basin Partners will work on the details. She also advised that mitigation standards
PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 2
and ratios have not been defined as yet. She noted that Goal 5 regulations would
be for habitat outside of Clean Water Services buffer areas.
Hajduk said the current Development Code standards would have to be reviewed
for any obstacles to new Goal 5 regulations. Discussion was held on the mitigation
process and non-regulatory elements.
Hajduk noted the open house and public hearing schedule. The coordinating
committee will make its decision on August 16th
Commissioner Buehner asked about 2 particular parcels that are located in
moderately and strictly limit areas. Hajduk drew out some possible ways the
parcels could be developed.
Hajduk advised that all property owners in a resource area were sent a notice about
the Goal 5 process.
7. OTHER BUSINESS
None
8. ADJOURNMENT
The meeting adjourned at 8:20 p.m.
4
J r-- aynor, P .nning`,•mmission Secretary
Gila _
ATTEST: Presi ent Mark Padgett
PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 3
• Page 1 of 2
Duane Roberts -Comp Plan Amendment for Affordable Housing
From: "John Frewing" <jfrewing @teleport.com>
To: "Duane Roberts" <DUANE @ci.tigard.or.us>
Date: 7/10/2004 3:39 PM
Subject: Comp Plan Amendment for Affordable Housing
CC: "Jim Hendryx" <jimh @ci.tigard.or.us>, "Bill Monahan" <bill @ci.tigard.or.us>, "Mayor
MAYOR" <MAYOR @ci.tigard.or.us>, "Alice Gaut" <aeg @csgpro.com>, "Lisa Hamilton-
Treick" <Lisa @HamiltonRealtyGroup.com>, "Sue Beilke" <sbeilke @europa.com>, "Brian
Wegener" <brian @tualatinriverkeepers.org>
July 10, 2004
Duane Roberts
City of Tigard
Dear Duane:
On Friday I reviewed the file of CPA 2004—00002 regarding a comprehensive plan amendment to
facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying
this amendment for city approval. I submit my comments as input to your preparation and the Planning
Commission in their recommendation to City Council and I would appreciate a brief reply that they
indeed have been forwarded and included in the record:
A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC
18.390.060.A. These notes are important in order to determine what alternatives were considered and
what input from interest groups may be influencing the city action. For example, has the city sought
comments from Habitat for Humanity, who use volunteer labor for significant parts of affordable
housing construction? They (their building coordinators) might have some good comments on how to
minimize costs for affordable housing.
B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate
knowing who these people are and how many citizens provided input, along with the substance of their
input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in
favor of a comprehensive website, various mass mailings and email lists. I have suggested in various
forums that neighborhood planning associations be a strong component of the Tigard citizen
involvement effort. The comprehensive plan identifies such associations, but none exist or are
recognized by the city.
C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1,
Strategy 1) requires an annual `land survey'. I suggest this strategy be modified to require that this land
survey include all the urban planning areas associated with Tigard as well as the area with the city
proper. This is important because if and when annexation is considered, Tigard should have long record
of constructive planning effort for the areas of interest, and housing stock in these areas can strongly
influence the nature of necessary upgrades upon annexation and influence the fiscal impact of
annexation.
D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured
homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups
file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004
s \
• Page 2 of 2
of manufactured homes (greater than 10)be allowed in the city under more detailed development
conditions (to be specified in this amendment or committed within a year)which would provide
appropriate buffer areas between the manufactured housing development and adjacent residential areas.
E In order to assure development of affordable housing throughout the city, I suggest that a policy of
the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each
quadrant of the city shall have its own share of affordable housing. If a quadrant(defined to include all
of Tigard's urban planning areas)is lacking its share of affordable housing(ie has only one affordable
housing development, when other quadrants have 2), only 4 additional development applications may be
approved before approving an affordable housing development in that quadrant. This would thereby
block further development in that quadrant until an affordable housing development is proposed and
approved.
F The proposed amendment sets up a mechanism to abate filing costs for affordable housing
developments. I suggest that the Comp Plan be further modified to state that other fees associated with
affordable housing developments be abated up to a maximum of 1% of the annual city budget and in the
event that demand exceeds that amount, that City Council will apportion abatement benefits among
applicants. Such other fees should include water and sewer connection fees, traffic impact fees, etc.
G The proposed amendment creates a process to develop and implement a residential property
maintenance code. This is fine; however for affordable housing developments, landscaping
requirements of the code should be modified to require low maintenance features, thereby minimizing
ongoing costs of the affordable housing development.
H Because of the importance of open space to people of all income levels, Tigard should modify its
Comp Plan to require that for affordable housing developments, adjacent open space is required of the
same size as the development itself, and the City of Tigard is required to accept this area as public open
space.
I Finally, it occurs to me that we need a good working definition of`affordable housing'. Is it the use
of government subsidy, or is it rental value, or is it some tax status, or?? I happen to think that Metzger
already has a good amount of affordable housing, not counted in any existing `system' of government
accounting. Staff should provide a real definition for inclusion in the proposed amendment.
Sincerely,
John Frewing
file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004
•
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• Public Hearing August 2nd
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ga Metro Council review — December 2004
o Adopt ordinances — Spring 2005
15,
8
CITY OF TIGARD
TIGARD PLANNING COMMISSION
ROLL CALL
HEARING DATE: 7-- /9°0'/
STARTING TIME: 7 ` °Z)rhel •
COMMISSIONERS: / MARK PADGETT (PRESIDENT)
JODIE BIENERTH
V GRETCHEN BUEHNER
REX CAFFALL
BILL HAACK
KATHY MEADS
JUDY MUNRO (VICE-PRESIDENT)
SCOT SUTTON
STAFF PRESENT:
DICK BEWERSDORFF JIM HENDRYX
MORGAN TRACY BARBARA SHIELDS
MATT SCHEIDEGGER V JULIA HAJDUK
DUANE ROBERTS
KIM MOM ILLAN BETH ST. AMAND
GUS DUENAS
• •
COMMUNITY NEWSPAPERS
P.O. BOX 370 PHONE(503)684-0360 otic TT 10441
N
BEAVERTON,OREGON 97075 Notice
Legal Notice Advertising
•City of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd.
• Tigard,Oregon 97223 • ❑ Duplicate Affidavit
Accounts Payable
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss.
1, Kathy Rnyc3Pr
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the ' it s •—, . • ,imes
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the Public Hearing/
CPA2004-00002,Affordable Housing Code
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
July 1, 2004
Subscribed and sworn t befo a me this 1st day of July,2 0 0 4
Q&A.) � r OFFICIAL SEAL
r ROBIN A BURGESS
ry Public for Oregon '1. 4 NOTARY PUBLIC-OREGON
COMMISSION NO.3445E0 I,
My Commission Expires: WMISSION E\PIF1ES MAY 1,,,
AFFIDAVIT
•
4110
The following- will be',considered by the Tigard Planning
Commission On Monday July 19,2004 it 7:00'PM at the'Tigard
Civic Center Town'Hal'l, 13125 SW Hall Blvd., Tigard, Oregon;
The purpose of.the Planning Commission's review is to make a
recommendation to the City Council. The Council will also hold a
public hearing on the request prior to making a decision.
Both public oral orwritten testimony is invited. The public hearing
on this matter will be conducted in accordance with the Tigard
Municipal Code•and the rules of procedure adopted by the Council
and available at City Hail or the rules of procedure set forth in
Section,18.390.060.E and ORS Chapter 197.
Further 'information niay.be obtained from the Planning Division
(staff'contact: Duane Roberts) at 13125.SW Hall Blvd., Tigard,
Oregon:97223,or by calling 503-639-4171;
PUBIC HEARING ITEM: ,
COMPREHENSIVE PLAN AMENDMENT(CPA)2004-00002
4•AFFORDABLE HOUSING CODE AMENDMENT' _
REQUEST The City of Tigard proposes to amend Chapter 6,
Housing,of Volume II of the Tigard Comprehensive Plan in order
•
to.facilitate•theprovision of affordable housing within the community
Jatidtoprovideadditionalevidence(of Metro Title.;7.:eompliance,,
;tLOCATION: 'Citywide. ZONE: N/A.„t ;r.:r
.APPLICABLE REVIEW CRITERIA: Community,
Development Code Chapters 18.380 and 18.390; Comprehensive
Plan Policies 1,2,6 and 12;Statewide Planning Goals 1,2 and 10;
and Metro Functional Plan Titles 1,7 and 8.
•TT.10441—Publish July 1,2004..• •
.._... a
TIGARD
0
PLAN RING COMMISSION A
CITY OF TIGARD
OREGON
NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT'THEIR NAME AND ADDRESS
ON THIS SHEET.
AGENDA ITEM#: S , � Pagel_
DATE OF HEARING: / /9/ U
CASE NUMBER(S): j CC }9` 1Z)y o D)Q� d2 �a
bl or 'tUGI. h
_
OWNER/APPLICANT: C! o-r I ,— L
LOCATION:
C4 77110 A,/i'ci .e.--
PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
(Print Name/Address/Zip&Affiliation) (Print Name/Address/Zip&Affiliation)
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: Name:
Address: Address:
City: State: Zip: City: State: Zip:
Name: Name:
1 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: 6-, I
_ Hearing Date: 'l -L -O
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
SECTION I: APPLICATION SUMMARY
FILE NAME: AFFORDABLE HOUSING CODE AMENDMENT
FILE NO. Comprehensive Plan Amendment (CPA) CPA2004-00002
PROPOSAL: The City of Tigard proposes to amend Chapter 6, Housing,
Volume I I of the Tigard Comprehensive Plan to facilitate the
provision of affordable housing within the community.
APPLICANT: City of Tigard OWNER: N/A
Attn: Duane Roberts
13125 SW Hall Boulevard
Tigard, OR 97223
OMPREHENSIVE
PLAN
DESIGNATION: N/A
ZONING
DESIGNATION: N/A
LOCATION: Citywide
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1, 2, and 10; Metro Urban Growth
Management Plan Titles 1, 7, and 8; Comprehensive Plan
Policies 1, 2, 6, and 12; and Community Development Code
Chapters 18.380 and 18.390
SECTION II: STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance amendments according
to the findings found in Section IV of this report.
SECTION III: BACKGROUND INFORMATION
In 2001, Metro adopted Title 7, "Housing and Affordable Housing", as an
amendment to the Urban Growth Management Functional Plan. This title requires
local jurisdictions to adopt comprehensive plan amendments aimed at encouraging
the provision of affordable housing and to consider a variety of techniques to meet
regional and local affordable housing needs. Metro Code Section 3.07.730.A.2 of
Title 7, states that:
A. Cities and counties within the Metro region shall ensure that their
comprehensive plans and implementing ordinances: 2. Include in their plans
actions and implementation measures designed to maintain the existing supply of
affordable housing as well as increase the opportunities for new dispersed
affordable housing within their boundaries.
The City proposes to amendment Chapter 6 of the Tigard Comprehensive Plan:
Findings, Policies & Implementation Strategies, Volume II, to add implementing
measures designed to address affordable housing stock maintenance and
affordable housing dispersal. These amendments respond to a Metro evaluation of
Tigard's Title 7 compliance contained in the Updated Metro Evaluation of Local
Government Title 7(Affordable Housing) Compliance Reports, dated December 18,
2003. This evaluation lists as an "Outstanding Item" the need for new City
comprehensive plan policies and implementation measures that carry out Metro
Code Section 3.07.730.A.2 quoted above.
A copy of the City's proposed Comprehensive Plan amendments is attached.
Proposed additions are highlighted in bold. Proposed deletions are indicated by
strikeouts. All of the implementation measures proposed as additions are pre-
existing actions taken by the City. An exception is the housing subsidy program
guideline giving special consideration to projects that facilitate the dispersal of
affordable housing within the City.
The amendments promote affordable housing dispersal by explicitly recognizing the
state statue requiring local jurisdictions to allow manufactured homes in all
residential zoning districts; by requiring the City to maintain its long standing
intergovernmental agreement with the Washington County Housing Authority that,
among other provisions, emphasizes the provision of new Authority-owned
affordable housing at dispersed sites within the community; and by requiring the
City to establish a fee subsidy program for affordable housing development that
includes guidelines giving preferential treatment to projects that facilitate the
dispersal of affordable housing within the City.
The amendments promote the maintenance of existing housing stock by requiring
the City to develop a Residential Property Maintenance Code and assign a Housing
• S
Inspector to administer it and by requiring the City to encourage residents to utilize
the various low interest loan and grant home repair programs offered by the
Washington County Office of Community Development through its Housing
Rehabilitation Program. Some of the means of"encouraging" include informational
fliers, and City webpage, newsletter, and cable program announcements that
provide program details and contact information.
In conclusion, in order to complete Title 7 compliance, Tigard proposes to adopt
conforming amendments to its Comprehensive Plan that provide for the
maintenance of existing affordable housing stock and that encourage the dispersal
of new affordable housing within the community. These required amendments are
the subject of this application.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
APPLICABLE REVIEW CRITERIA:
Statewide Planning Goals 1, 2, and 10; Urban Growth Management Plan 1, 7, and
8; Tigard Comprehensive Plan Policies 1, 2, 6, and 12; and Community
Development Chapters 380 and 390.
Three Statewide Planning Goals need to be considered with regard to this request:
Goal # 1: Develop a citizen involvement program that ensures the
opportunity for citizens to get involved in all aspects of the planning process.
This goal outlines the citizen involvement requirement for adoption of
Comprehensive Plans and for changes to the Comprehensive Plan and
implementing documents. This goal will be met by complying with the Tigard
Development Code notice requirements set forth in Section 18.390. Notice will be
published in the Tigard Times Newspaper prior to the public hearings. Two Public
Hearings will be held (one before the Planning Commission and the second before
the City Council) in which public input will be received. Additionally, prior to the
submittal of the Land Use Application containing the proposed amendments, the
amendments were considered at Planning Commission workshop meetings held on
April 19 and 26, 2004. On May 20, 2004, the Tigard Committee for Citizen
Involvement considered the amendments and made suggestions for publicizing
them. In June, the text of the amendments and a summary of their contents were
posted in the City of Tigard webpage.
• •
Goal # 2: Establish a land use planning process and policy framework as the
basis of all land use decisions and actions, and ensure an adequate factual
data base to substantiate those decisions and actions.
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. The Development Code implements the Comprehensive
Plan. The Development Code establishes a process for and policies to review
changes to the Development Code consistent with Goal 2. The City's plan provides
analysis and policies with which to evaluate a request for amending the Code
consistent with Goal 2. The established process with regard to the process and
policy framework has been followed with respect to the housing- related
amendments under discussion.
Goal # 10: Provide adequate housing for the needs of residents of the
community, State, and visitors.
The Tigard Comprehensive Plan has been acknowledged as meeting this statewide
goal. The proposed amendments carry out the intent of the goal with respect to
facilitating affordable housing. The amendments particularly address OAR 660-
015-0000(10), B.2.(b), which states that plans should take into account the effects
of utilizing financial incentives and resources to bring into compliance with codes
adopted to assure safe and sanitary housing the dwellings of individuals who
cannot on their own afford to meet such codes. The amendments do this by
requiring the City to encourage residents to utilize the various low interest loan and
grant repair programs offered by the Washington County Office of Community
Development.
Seven Metro regulations need to be considered with regard to this request:
Title 1: Requirements for Housing and Employment Accommodation
Under this title, the City needs to consider housing and employment targets
established for Tigard. The provisions required in this title are included in the
Tigard Comprehensive Plan. Effective measures have been taken to reasonably
assure that the calculated capacities will be built for dwelling units and jobs. As
described below, the present amendments are intended to address the additional
requirements of Title 7 (Affordable Housing) of the Metro functional plan. Adoption
of the proposed amendments will not affect or interfere with the achievement of
housing targets. The amendments are intended to encourage the dispersion of
affordable housing throughout the community and to support the maintenance of the
community's existing housing stock.
owww-
Title 7: Regional policy designed to ensure efficient use of land, adequate
land for residential development, and affordable housing strategies and
production goal for meeting the housing needs of this region.
Title 7 is the subject of the present application. The Title recommends changes to
City and County policies related to affordable housing promotion. It also establishes
mandatory requirements that local governments must undertake as part of Metro's
regional planning effort. The amendments proposed by the City are designed to
meet Title 7 requirements related to affordable housing dispersal and maintenance.
These have been identified as "outstanding items" in a Metro report evaluating
Tigard's Title 7 compliance.
Title 8: Compliance with the Urban Growth Management Plan.
According to Metro regulation 7.07.810.G, an amendment to a City Comprehensive
Plan shall be deemed to comply with the Urban Growth Management Plan if the
local jurisdiction provided notice to the Metro Chief Operative Officer. On 5/26/04
the City provided notice of the amendments to the designated Metro authorities by
certified mail. Therefore this goal is met.
Three City of Tigard Comprehensive Plan Policies need to be considered with
regard to this request:
TCP Policy 1 1.1: The City shall ensure that this comprehensive plan and all
future legislative changes are consistent with the statewide planning goals
adopted by the Land Conservation and Development Commission and the
Regional Plan adopted by the Metropolitan Service District.
1
This policy is satisfied because the proposed Comprehensive Plan policy changes
are consistent with the Statewide Planning Goals as indicated above, and the
changes help to keep the plan current with local needs and recent administrative
rule changes. In particular, the changes implement Title 7 of the Metro Framework
Plan. Comments received from LCDC staff (included in the Agency Comment
section of this report) provide evidence that the proposed changes are consistent
with the Statewide Planning Goals.
TCP Policy 2.1.1: The City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be
involved in all phases of the planning process.
•
The proposed amendments were discussed at Planning Commission workshops
held on April 19 and 26, 2004. The Citizen Involvement Team Facilitators, who
serve as Tigard's official committee for Citizen Involvement (Policy 2.1.2.c), on May
20, 2004, discussed the amendments and suggested opportunities for public
involvement related to their consideration. As recommended by the committee, the
amendments have been posted on the official City webpage along with an
explanation of the changes and their significance. In addition, two Public Hearings
will be held (one before the Planning Commission and the second before the City
Council) in which public input will be welcome.
TCP Policy 2.1.2: 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. b. Where appropriate, other
involvement techniques will be used.
As discussed above, Citizen Involvement Team Facilitators serve as the primary
means for citizen involvement in land use planning. An amendment public
information process appropriate the proposed code changes was discussed at a
regular CCI meeting. The amendments and an explanation of their significance
were posted on the City webpage. As also mentioned above, the amendments
were discussed at two Planning Commission workshop meetings open to the public.
In addition, two formal Public Hearings will be held (one before the Planning
Commission and the second before the City Council) in which public input will be
received. Therefore, this policy is satisfied.
TCP Policy 2.1.3: The City shall ensure that information on land use planning
issues is available in an understandable form for all interested citizens.
This policy was addressed previously in this report. Additionally, the Tigard
Development Code notice requirements have been met. Notice was mailed to
various public and private agencies and notice was published in the Tigard Times
prior to the Planning Commission and Council public hearings. An opportunity for
public testimony will be provided at both hearings. The notices and informal
outreach efforts have included the provision of information in an understandable
form.
TCP Policy 6.1 .1: The City shall provide an opportunity for a diversity of
housing densities and residential types at various prices and rent levels.
The proposal amends 6.1.1 to include additional strategies to support affordable
housing dispersal. The changes are consistent with the finding that "Undue
concentrations of public assisted or subsidized housing serves to isolate the
• •
recipients of such housing from the mainstream of the community, its full range of
basic services and the diversity of its neighborhoods. For this reason, the City
should take steps to disperse such housing within individual neighborhoods and
throughout the City itself."
TCP Policy 6.5.1: The City shall require that all housing units be: b.
Maintained in a manner which does not violate the City's nuisance ordinance.
The amendments contain provisions intended to enhance the maintenance of the
City's existing housing stock. Specifically, implementation measure number 3,
under 6.5.1 provides that in order to insure continued safe and sanitary housing, the
City shall develop a Residential Property Maintenance Code and assign a housing
inspector to administer it. The proposed Maintenance Code supplements and does
not lessen the requirements of the existing nuisance ordinance.
TCP Policy 12:1.1: The City shall provide for housing densities in accordance
with: a. Applicable plan policies; b. Applicable location criteria; and c.
Applicable Community Development Code provisions.
The present amendments do not propose to amend existing plan policies, location
criteria, or code provisions related to density.
SECTION V: OTHER STAFF COMMENTS
The Community Development, Engineering, Police, and Public Works
Departments have reviewed this application and offered no comments or
objections.
SECTION VI AGENCY COMMENTS
Metro has reviewed this application and offered no comments or objections.
The Department of Land Conservation and Development has reviewed
this proposal and offered the following comments:
"I received your notice of proposed amendment for changes to the Comprehensive
Plan regarding Title 7 requirements. DLCD appreciates the opportunity to comment.
We support the City's efforts in proposing policy changes to support the goal of
maintaining and increasing the supply of the affordable housing that meets the
•
Metro Housing Rule. The City's Affordable Housing Program is exemplary in its
approach to addressing the need and Tigard should be commended. Since Title 7
is voluntary in nature the following comments are advisory, but should be included
in the record. The proposed changes would allow manufactured housing units in all
residential zones, which is consistent with ORS 197.303 for "needed housing."
ORS 197.307 allows the City to adopt approval and placement standards for certain
residential development, including manufactured dwellings. The proposed changes
do not violate this statute, but a review of your zoning codes may be appropriate to
ensure compliance with "clear and objective" criteria.
The other proposed policy amendments support Title 7 and are common sense
approaches to coordinate efforts among numerous jurisdictions working on the
same issue. In addition to the housing authority, I would encourage the City to work
with community development corporations and private non-profit providers, such as
Habitat for Humanity, and list private non-profits by policy. (Policy 6.1.1, Strategy
7).
According to the most recent Title 7 compliance report from Metro, the following
items are outstanding: (1) Ensuring that the City's comprehensive plan and
implementing ordinances include measures to maintain the City's existing supply of
affordable housing and increase the dispersion of affordable housing. 2)
Consideration of the amendment of comprehensive plan and implementing
ordinance amendments to include density bonus and the transfer of development
rights in Metro Code 3.07.730.B. 3) Encouraged consideration of the amendment of
comprehensive plan and implementing ordinance amendments to include the
implementation of replacement housing and inclusionary housing in urban renewal
areas as outlined in Metro Code Section 3.07.760. It's my understanding that
Tigard has considered the first two but found them unworkable due to staff
constraints and a lack of inventory to determine the need. An inventory of this
nature would offer an ideal service learning opportunity to graduate students at the
UO and PSU planning schools. A project manager would still be needed, but the
majority of the leg work could be done for little cost. The city might want to explore
this possibility.
With regard to the last item, the upcoming Downtown Improvement Plan is a great
opportunity to discuss the merits of adding housing, including affordable units, as a
strategy to revitalizing the town center. Obviously, the key is finding the best
mechanism to fund a downtown program and identify appropriate sites. I would
hope the city includes this topic in its list of alternative uses and viable options to
spur new development in the downtown. If you have any questions about these
comments, please feel free to contact me. Thanks for the opportunity to comment
and let us know how we can assist you in the future."
• •
RESPONSE:
As suggested by DLCD, the Current Planning Manager has agreed to undertake a
review of the Tigard Community Development Code to ensure its compliance with
State "clear and objective" criteria.
We concur that private-non-profit housing corporations are important providers of
affordable housing and should be recognized as such in the Comprehensive Plan.
Two such corporations, the Tigard-based Community Partners for Affordable
Housing and the Tualatin Valley Housing Partners, currently own and manage a
combined 262 units of affordable housing within and adjacent to the City. We
propose amending 6.1.1, Strategy 7 to include a reference to the contribution of the
non-profits.
With regard to the Metro evaluation of the City of Tigard's Title 7 compliance, the
City officially has concurred with the listing of item 1 as "outstanding". This item
refers to the need to adopt Comprehensive Plan and implementing ordinances to
maintain the existing supply and increase the dispersal of affordable housing. The
present amendments are intended to address this deficiency. The City has
questioned Metro's inclusion of Items 2 and 3 as "outstanding Items" and some
months ago submitted evidence that it has met each. Metro has not responded to
this submittal as yet.
We concur that the development of the Downtown Improvement Plan provides an
opportunity to discuss the merits of including housing, including additional
affordable housing to the mix of downtown uses. Although not explicitly spelled out
in the project work scope, the downtown planning effort will include consideration of
opportunities and strategies for affordable housing development. As part of its
approach to this topic, the City made an effort to recruit one or two affordable
housing residents to serve on the Downtown Task Force.
PREPARED BY: Duane Robe s DATE: 7/8/04
Associate Plan
tade,01/ giumeAc
APPROVED BY: Barbara Shields DATE: 7/8/04
Long Range Planning Manager
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Gressset deletion
Tigard Comprehensive Plan
Findings, Policies & Implementation Strategies, Volume II
6. HOUSING
This chapter considers the land and the dwelling units where Tigard residents live.
Residential land uses occupy more land area than any other land use in the City.
This chapter addresses the Statewide Planning Goal #10:
"To provide for the housing needs of the citizens of the State."
The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3)
Established residential areas; 4) Housing conditions; and 5) Urban Expansion.
Detailed information concerning housing in Tigard is available in the "Comprehensive
Plan Report: Housing."
6.1 HOUSING NEEDS
Findings
• Residential housing in Tigard has been developed as 55.6% single family
detached dwellings, 42.7% attached units, and 1.7% manufactured homes.
• The Metropolitan Housing Rule adopted by the Land Conservation and
Development Commission states that Tigard must provide for 50% single family
and at least 50% single family attached or multiple family units with a minimum of
10 units to the net acre. The Metro Housing Rule applies to only vacant
buildable land within Tigard's Urban Planning Area, and does not affect
established and developed residential areas.
• The rapid increase in housing and land costs over the last several years has
excluded many households from obtaining suitable housing to meet their needs.
• Many of the households that do not desire or are unable to afford conventional
single family detached dwellings rely on the rental market or attached dwellings
to meet their housing needs.
• The rapidly changing housing market will require the City to periodically
reevaluate its housing and land use objectives to provide for a variety of housing
types and densities to meet the needs of future residents.
• Approximately 19% of the households in Tigard are inhabitated by senior
citizens.
• •
• Undue concentrations of public assisted or subsidized housing serves to isolate
the recipients of such housing from the mainstream of the community, its full
range of basic services and the diversity of its neighborhoods. For this reason,
the City should take steps to disperse such housing within individual
neighborhoods and throughout the City itself.
POLICY
6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF
HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT
LEVELS.
(Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24)
IMPLEMENTATION STRATEGIES
1. The City shall monitor the rate of development through an annual "land survey,"
which will function as an up-to-date inventory of land available for future
residential needs.
2. The Tigard Community Development Code shall list a broad range of zoning
districts which allow for a variety of housing types, and comply with the adopted
Metropolitan Housing Rule (50-50 mixture of single family and attached or
multiple family at 10 units to the net acre on buildable vacant land).
3. The Tigard Community Development Code, through the Planned Development
process, shall establish a procedure to allow properties exhibiting physical
constraint characteristics, e.g., steep slopes or floodplains, to develop with
density transfers allowable on the site.
In addition, the City shall encourage developers to use the planned development
process in all developing areas.
4. The City shall allow for manufactured homes in all residential zoning
districts.
5. The City shall encourage housing development to occur, to the greatest extent
possible, on designated buildable lands in areas where public facilities and
services can be readily extended to those lands.
6. The City shall provide for opportunities for proposals to develop specialized
housing for the area's senior citizens and handicapped based on the needs of
these groups by:
a. Making initiation available on subsidizing proms;
b. Allowing special use housing for these groups in all development districts;
c. Requiring the needs of the handicapped to be considered as a part of the
Site Design Review process.
7. The City shall coordinate with the Washington County Housing Authority, private
non-profit housing corporations, H.U.D. and other Federal, State and regional
agencies for the provision of subsidized housing programs in Tigard.
8. The City shall determine through census figures, surveys and organizational
reports, such as those prepared by the area Agency on Aging, the extent of the
City's need and projected need in the area of low and moderate income housing,
senior housing and specialty housing. The City shall encourage the development
of such housing types to meet the identified and projected needs.
9. The City shall maintain its long standing intergovernmental agreement with
the Washington County Housing Authority that, among other provisions,
emphasizes the supply of new Authority-owned affordable housing at
dispersed sites within the community.
10. The City shall establish a fee subsidy program intended to offset fees and
charges imposed on affordable housing development. The guidelines for
the award of the competitive funds shall give high consideration to
projects that facilitate the dispersal of affordable housing within the City.
6.2 HOUSING COSTS
Findings
• The factors that have contributed to increasing housing costs are materials,
labor, land costs, financing and regulation costs. (The average sales price of a
new single family home increased from $22,700 in 1970 to $45,000 in 1976, to
over $76,000 in 1980.)
• Land and regulation costs have dramatically increased the cost of development.
• Construction costs may be reduced by building smaller units and using
alternative construction techniques.
• Excessive regulation costs can be reduced by simplifying the application process
and reducing unnecessary development standards.
• Financing costs of residential units cannot be controlled by the City of Tigard;
however, the City can assist in public facilities and services development through
financing mechanisms.
POLICY
6.2.1 THE CITY SH• DEVELOP CLEAR AND CAPISE DEVELOPMENT
REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF
DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY
PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT
CORRESPONDING BENEFIT.
IMPLEMENTATION STRATEGIES
1. The City shall review, revise and update the land division, zoning and sign codes.
The corresponding document will be grouped in a single code and identified as
the Tigard Community Development Code.
2. The Tigard Community Development Code shall include clear and concise
processes for the review and approval of development proposals, to the degree
that the quality of the review process is not adversely affected. This will be
accomplished by, but not limited to:
a. Administrative procedures;
b. Application forms; and
c. Clear and concise standards for each development process.
3. The City shall seek ways to minimize the cost of housing by encouraging a
variety of home ownership alternatives such as, but not limited to, townhouses
and condominiums.
4. The City shall continue to support the development of traditional housing types
such as single family detached dwellings, duplexes and apartments.
5. The City shall encourage geographic flexibility in the choice of housing.
6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19
dated 8/25/98)
•
6.5 HOUSING CONDITIONS
Findings
• A majority of the City's existing units have been built since 1960; and in general,
these units are in good condition.
• Most of the upkeep on these structures involves minor mechanical problems,
weatherization and painting.
• The City currently does not have any rehabilitation programs for those residential
structures that need major repairs. The Washington County Community Action
Organization (WCCAO) does administer a weatherization program funded by the
federal government to assist low income residents. Other residents of Tigard
may rely on federal and State tax incentives for weatherization, as those
incentives are able. As many of the existing 20 er-old homes age, more
repair and rehabilitation work may be needed in order to maintain the high quality
of residential structures that now exist.
• The Washington County Community Development Office
operates a Home Repair Program funded by the Federal Government to assist
low and moderate income homeowners. The Housing Authority of Washington
County alse operates a Multi-Family Rental Rehabilitation Program funded by
the Federal Government, to assist units occupied by low and moderate income
tenants.
POLICY
6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE:
a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM
BUILDING CODE OR OTHER APPLICABLE STATE OR
FEDERAL STRUCTURAL CODES; AND
b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE
CITY'S NUISANCE OR PROPERTY MAINTENANCE
REGULATIONS.
IMPLEMENTATION STRATEGIES
1. The Tigard Community Development Code will establish a Site Development
Review, Conditional Development and Planned Development process in which to
review development proposals.
2. The City will continue to administer the Uniform Building Code on all applicable
types of construction in Tigard.
3. In order to insure continued safe and sanitary housing, the City shall
develop a Residential Property Maintenance Code and assign a
Housing Inspector to administer it.
4. To assist residents who need financing for home repairs, the City shall
encourage residents to utilize the various low interest loan and grant
programs offered by the Washington County Office of Community
Development through its Housing Rehabilitation Program.
3.5 The City will enforce, where financially feasible, all nuisance ordinances that
relate to structure-end site appearances. The City also will enforce all
ordinances that relate to structural soundness. The City will encourage
private property owners to comply with all nuisance and structural ordinances,
which will alleviate the financial burden of the City and its taxpayers to enforce
these ordinances.
4.6 The City will setOsonable rules in the Tigard Comity Development Code
for accessory buildings which will protect the character of existing residential
neighborhoods.
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