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City Council Minutes - 11/27/2018 Cily o f Tigard _ Tigard City Council Meeting Minutes . November 27, 2018 STUDY SESSION Administrative Items: Council received copies of emailed testimony from Rob Ruedy and Michael Brewin for Agenda Item No.7-1-egislative Public Hearing on Phase 11 CDC Amendments. Staff also provided a new Attachment C, containing amendments staff is requesting reference to in a motion taken tonight on Ordinance No. 18-23. At 6:30 p.m. the Tigard City Council entered into an Executive Session to evaluate public officials under ORS 192.660 (2) (i). The Executive Session ended at 7:29 p.m. 1. BUSINESS MEETING A. At 7:31 p.m. Mayor Cook called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called to Council and Staff for Non-Agenda Items. There were none. 2. CITIZEN COMMUNICATION A. Mayor Cook asked City Manager Wine if there was any follow-up to Previous Citizen Communication. There was none. B. Police Chief McAlpine gave an update on Police Department activities and statistics for the month of October and year to date.Assaults and burglaries were up from this time last year but robberies were down. She highlighted that drug offenses grew from five in October 2017 TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 1 of 16 to 15 this year. This can be seen as positive because it shows since Officer Powers and canine Diesel received narcotics detection dog training,we are being very proactive, including taking one-half ounce of heroin off the streets last night on a traffic stop and assisting other agencies in taking heroin and methamphetamine off the street in Beaverton. Calls for service are 1100 more than last year. She shared that police had to shut down an area today related to explosive devices found at the Timberline Apartments. Portland EOD officers rendered the devices safe and the suspect is still at large. Last week officers took the Key Bank robber into custody without incident. She mentioned a homicide investigation where an intruder was shot by a homeowner. She commented on the great job provided by the responders and assured Council that it was a contained,very specific incident. The individuals knew each other and the public is not at risk. Gang tagging has increased and police are following leads. The Police Department is consolidating and sharing crime data which the department's crime analyst and officers use to solve crimes such as a very high end retail theft ring recently. Chief McAlpine said the photo red light enforcement project is moving ahead and there is information on the city's website in English and Spanish. Mayor Cook said the sheer volume of drivers running red lights and speeding through green lights at more than 11 miles over and 21 miles per hour over the speed limit in Beaverton and Sherwood is astounding. Chief McAlpine said there is a need and the City cannot possibly put out enough officers to be a visible deterrent. C. Tigard High School Student Envoy—THS Envoy John Freudenthal updated Council on recent THS events and activities including the annual Veterans Breakfast and school-wide assembly where students served 75 veterans. An Open Table event was organized, providing free food and a cultural fashion show to recognize the diversity of cultures at THS. Forty fall sports participants received awards for their performance as the season wrapped up. Winter choir shows are scheduled for December 18 and 20 and students will be fundraising for students at Paradise High School in Paradise, California which was affected by the Campfire wildfire. The theater students presented The Miracle Worker. Mayor Cook commented that he attended the play and it was excellent. D. Tigard Area Chamber of Commerce—Chamber Member Ethan Frelly updated Council on Chamber events and programs. Leadership Tigard just completed their Human Needs Day, which was very impactful. They toured the new Just Compassion day center, St.Anthony's severe weather shelter, the St.Vincent DePaul food bank, and received presentations from Washington County, Project Homeless Connect, Community Partners for Affordable Housing and Luke-Dorf. The Farmers Market wreath making classes are scheduled for December 1. He reported that the Tigard Downtown Alliance Trick or Treat Main Street was a huge success. The TDAs next event is the holiday tree lighting on December 7 at 6:45 p.m. in the Rite Aid parking lot. E. Citizen Communication—Sign-up Sheet. Michael Brewin, 11225 SW Morgen Ct.,Tigard, OR 97223, reiterated that due notification is needed when zoning changes are being made that directly affect property owners. He said it is important that this state requirement is met. He said he used to get mailings all the time and Cityscape was sent out in the mail. He did receive levy mailers but when things are happening that can change or harm neighborhoods by creating nuisances or congested TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 2 of 16 parking, citizens are not being informed. He said when he went on the internet to sign up for Cityscape it did not work. He asked again that citizens be notified properly by receiving notices or Cityscape through the mail. 3. CONSENT AGENDA: (Tigard City Council and Town Center Development Agency) — A. APPROVE CITY COUNCIL MINUTES • October 16, 2018 • October 23, 2018 Council President Snider moved for approval of the Consent Agenda. Councilor Goodhouse seconded the motion and Mayor Cook conducted a vote. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard (absent) Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. RECEIVE TVF&R STATE OF THE DISTRICT REPORT TVF&R Division Chief Kenny Frentress gave the State of the District Report and showed a PowerPoint. He introduced the firefighter crew from Station 51,Division Chief Kennedy, Lieutenant Schuster,Engineer O'Reardon, Firefighter Laheney and Firefighter Mueller. He said these are Tigard's local firefighters, on 24-hours a day and he was very proud of the work they do. Highlights from the State of the District: • Newberg and the surrounding rural area joined TVF&R on July 1. • From January through September 2018 they have received 4,409 calls, the largest percentage are emergency medical services (EMS) calls at 83.1 percent.This is the trend nationally. • There is often a discrepancy between what they are dispatched for and the situation found when they arrive. They may send out a large vehicle for a call reporting smoke and then find it is a dryer vent. • They track calls by day of week and time of day. Sunday is the safest day to be out and about in Tigard. • Calls have increased 28 percent from 2013 to 2017. This is seen throughout the district and nationally. The population is aging and we are in a building boom currently. • He presented a heat map showing where in the district the calls originate. A high-call area is often associated with a care facility. This informs TVF&R on where to build facilities because they can consider population density,incident types, traffic and transportation systems and topography. TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 16 • A new station just opened on Rosemont in West Linn. The entire service area benefits from new stations because it adds depth of personnel and equipment. • Station 31 is a future station in the Bull Mountain area. TVF&R is studying where to buy land to build this as it is a necessary facility for that area. A station is in the permitting stage for McEwan Road. • TVF&R has evaluated their self-contained breathing equipment (SCUBA) which allows firefighters to enter burning environments and breathe clean air. They are doing this regionally with partners in Washington County and hope to obtain a large grant together to gain purchasing efficiencies. • Hoses were analyzed and found to be delaminating. All sizes were replaced and they are seeing huge success with putting out fires more quickly. • They recently went through an Insurance Service Office re-rate. They went from a 3 rating to a 2 rating for areas within five miles of a station,which is most people in the district. This means people may be able to reach out to their insurance carriers and receive a reduced rate. (Properties in Tigard were already a Class 2.) • A TVF&R levy renewal is coming up. Mayor Cook said when he hears from other mayors at state conferences, etc. that Tigard does not have its own fire department he answers, "Yes we do." He said he considers TVF&R as Tigard's fire department. Division Chief Kennedy serves on Tigard's Leadership Team. TVF&R works closely with Tigard's police department. Division Chief Frentress said he appreciated that because they take great pride in serving Tigard. 5. LOCAL CONTRACT REVIEW BOARD - CONSIDER LIBRARY BOILER CONTRACT AWARD Senior Management Analyst Barrett and Facilities Manager Cole gave the staff report. In 2016 a condition assessment was done by a consultant and determined that the two boilers at the library needed to be replaced. They have been in use for the 15 years the library has been open and currently run at 86 percent efficiency rate. The new boilers will run at a 96 percent efficiency rate which allows the city to get a rebate from Energy Trust of Oregon. Two bids were received but one did not meet the requirement of having a Carrier-certified technician. The second bidder, Reitmeier met the conditions and staff recommends approval of a contract for$161,576. Mayor Cook said the Property Management Fund has $120,000 budgeted for the project and asked if this was an engineer's estimate. Mr. Barrett said that was the estimate so savings and reductions from other budgeted areas will also be required. Mayor Cook asked how the low bid compared and Mr. Barrett replied that is was significantly less,below$100,000. In response to a question from Mayor Cook about the requirement for a Carrier-certified technician Facilities Manager Cole said the entire system at the city is monitored using a Carrier system and in order to access software and hardware,it makes sense to hire technicians that know the system and can access it. He said they also did not receive State of Oregon certifications for boiler TIGARD CITY COUNCIL MEETING MINUTES — November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 4 of 16 technicians from the low bidder. Council President Snider asked if these were requirements and Mr. Cole said they were. Councilor Goodhouse asked if the system in the low bid was not Carrier and staff said it was not. Council President Snider moved to approve the contract for the library boiler replacement. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard (absent) Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. LOCAL CONTRACT REVIEW BOARD - CONSIDER CONTRACT FOR UTILITY BILLING/COURT OFFICE REMODEL Senior Management Analyst Barrett said this contract is a small office remodeling contract that will wall in the current utility billing area to make it CJIS compliant. Court staff and Utility Billing staff will switch places due to increased staffing needed to handle citations for the photo red light program. Three bids were received. Endres Northwest was the low bidder at$131,800 and included an add-alternate for small work in the kitchen. Staff reviewed the bids for competency and responsiveness. They verified that no Construction Contractors Board or BOLI issues exist with Endres Northwest. References were checked on work done for other agencies and positive feedback was received. Staff recommends awarding a contract to Endres Northwest in the amount of$131,800. Councilor Anderson moved to approve the Utility Billing/Court Office Remodel contract. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard (absent) Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 16 7. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE FOR PHASE II COMMUNITY DEVELOPMENT CODE AMENDMENTS Mayor Cook noted that written testimony received today along with a revised Exhibit C were given to Council in the Study Session. Exhibit C contains amendments referred to in the proposed motion for ordinance approval as stated below. A. Mayor Cook opened the public hearing. B. Mayor Cook announced the hearing procedures and said that anyone may sign up to offer testimony. C Associate Planner Warren gave the staff report and PowerPoint presentation on a proposal to adopt amendments to the Community Development Code,part of a larger effort to modernize and update the code. Council considered Phase I of the code update this time last year. This phaseincludes the housing policy changes recommended as part of the 2013 Housing Strategies and the Comprehensive Plan policies adopted with them. It contains a minor reorganization and some omnibus changes. It is the first part of Phase II A and B. The second phase is scheduled for consideration in December and will focus on apartment and commercial standards,primarily land use procedures. Both Phase II A and B will be effective on January 31, 2019. One thread running through both of them is the Strategic Plan because staff is always looking for ways to implement the plan. Associate Planner Warren covered public engagement which included forming a Housing Options Task Force that convened in January 2018 and met six times. Their seventh meeting was a Housing Options Open House and around 50 people attended. The feedback was largely positive. There was a Housing Options feedback page on the website. Surveys and information were frequently posted. The interactive tool Engage Tigard was used and ads were placed on Facebook and Next Door inviting people to attend the open house. The discussion draft was published on the website. Mr. Warren said the Housing Strategies Report of 2013 was theguiding document and included development of"missing middle" housing standards and approval process, updated accessory dwelling (ADU) standards and reduced parking requirements.Another guiding document was Senate Bill 1051 which requires all cities with a population of 10,000 or more to allow ADUS in all residential zones where single detached houses are allowed. The Legislature defined all housing as "needed"and said all standards must be clear and objective. Tigard was out of compliance with a few items in the Federal Fair Housing law as there was some new Department of Justice guidance issued on group living facilities last year. There were also some cases where things were not well defined in our code. Group living situations needed better definition and to be allowed where the law requires that we allow them. Additionally, staff wants to provide legally defensible temporary shelter standards. Another guiding document is Comprehensive Plan Goal 10, the purpose of which is to provide opportunities to develop a variety of housing types that meet the needs, preferences and financial capabilities of Tigard's present and future residents. The Strategic TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov ( Page 6 of 16 Plan is also a guiding document and is not just about walkability but about inclusivity and connections within the community. Associate Planner Warren identified the goals. Expand housing opportunities • Provide a pathway to build smaller housing. • Ensure that young families,individuals and seniors have opportunities for housing that meets their needs. • Allow residents to remain in their neighborhood as they age and housing needs change. When just starting out, 800 square feet may be great but when raising a family 2,000 or 2,500 square feet may be more appropriate, and when the kids leave home, 800 square feet might be adequate again. We want to make sure our housing stock reflects the changes in people's lives. • Protect home ownership as an attainable goal. • Preserve the economic diversity of households. • Guarantee fairness in housing so everyone has a fair shot at having a place to call home. Reduce barriers to housing. • Clear and objective standards are important. • What are barriers to missing middle regionally? o Feedback received was that it is the costs associated with regulation and parking. o Institutional knowledge of developers. Developers prefer building what they've always built. They haven't tried these newer types of housing and don't have pro formas. o Financing-land costs are a huge part of why the middle is missing • The City can address the first barrier in order to make a variety of housing feasible. Provide Clear Code Structure • Ask three questions and based on the answers,provide a menu of options. o What do you want to build? o How many units? o Where do you want to build it? • Post-land division, housing development requires only three basic chapters - development standards,parking and landscaping. We can try to lower regulatory barriers for housing, parking and landscaping. Staff Proposal: Update the Housing Policy s Accessory Dwelling Unit Standards o Allow ADUs in all zones with detached houses. o Allow up to two ADUs per house. o Allow only one detached ADU per house. TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 16 o Restrict size of detached ADU to 800 square feet. o Restrict height of detached ADU to 25 square feet. o Restrict the size of an attached ADU to match the existing house. o Building code requirements are the same. • Remove duplex housing type o It is not significantly different from an ADU. o Code does not limit household size. o Code does not have a maximum house size. o The external impacts are similar, such as parking and building size. o Conditional uses will be required in some cases. o Building code requirements are the same. • Allow cottage clusters and courtyard units in R-3.5 to R-12 o These have a similar form— one attached, one detached. o They are much smaller housing units in exchange for more units. o Floor area limited. o Requires common open space and parking. o Entrances to units must open to courtyard or street to keep the pedestrian environment friendly. o There are development standards,including landscaping, screening and lower height to ensure compatibility with the surrounding neighborhood. • Allow quads on corners or major streets in R-3.5to R-12 (arterials and collectors) o These have a similar form to a detached house. o They must have 2 ground floor and 2 upper floor units. o Floor area is limited. o Off-street parking is required. o Entrances must open to the street. o Development standards include landscaping, screening and lower height to ensure compatibility with surrounding neighborhood. • Rowhouse standards were originally in this package to keep these housing types together. But based on some comments received recently from Polygon Northwest, staff pulled them out of this package for consideration next month in Phase II B. Associate Planner Warren summarized changes. The conditional use requirement was removed as it is not a clear and objective standard. They are prohibited in Tigard's highest density zone, R-40. They must front on the street. There is a requirement for shared access, especially as rowhouses get narrower to preserve pedestrian access not filled with driveway after driveway. Instead,islands of refuge are provided for pedestrians as they walk through. There are also design compatibility standards. TIGARD CITY COUNCIL MEETING MINUTES—November 27, 2018 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 8 of 16 Reorganize Code: • Create development standards divisions o Move accessory structure standards into the individual housing type chapters. o Incorporate design compatibility standards. o Move landscaping and parking standards. o Create residential development standards and non-residential development standards. • Parking o The Parking Chapter has been updated to include off-street parking and loading standards. o There have been many changes to the Parking code over the years and there were incompatibilities. o Removal of outdated or obsolete provisions such as the carpool/vanpool parking and the gravel lot options for fleet parking. o Tigard was one of the last jurisdictions in the Metro area to simplify space and aisle dimensions. Now an applicant can decide what is appropriate although we do provide a minimum parking space size. o An on-street parking credit for residential uses in R 3.5-12 zones was provided (Not for apartments). • Wireless Facilities o The chapter has been updated to include 5g small cell tower approval. o We did not have a process for these and had to send them through site development review and conditional use processes which did not make sense as they are typically deployed in the rights-of-way. o No land-use review required provided that: ■ There is a franchise or lease agreement in place. ■ A public facility improvement or right of way permit is obtained. ■ The equipment installed matches the infrastructure. • Code Cleanup o Language was updated and clarified. "Shall" became "must" or "will." o The word "permitted"was changed to "allowed" since permitted can sound like a permit is required. o The word "yard"was removed and replaced with "setback" since those words were used interchangeably. o Single-family residential and multi-family residential descriptions are removed. o "Parcel'was replaced with the word"lot." Associate Planner Warren said the code is more form-based and focuses on the building envelope and type, not tenure type. Compatibility with the surrounding neighborhood is important as is how it relates and engages to the street. It encourages pedestrian friendly design. Sidewalks will be protected and curb cuts minimized. These changes intend to TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 16 { f reduce costs. It is predictable and may encourage developers to invest in these new options .which will allow for more affordable and diverse housing options. It will also allow development of lots that are otherwise too constrained to provide housing. Associate Planner Warren said the changes will be incremental and the policies are future- oriented.People will not see changes overnight and they won't see them everywhere. This opens the door to opportunity and planning for the next generation's Tigard.We want to make sure Tigard will be viable and competitive and we want to make sure we are in line with the Strategic Plan. D. Public Testimony-Mayor Cook called upon those who signed up to testify. Wayne Chapman, 11850 and 11900 SW 95`''Avenue,Tigard, OR 97223, said he and his sister own a 2-acre parcel which has been in the family since 1950. Although they intend to keep a piece of it they would like to see the whole blended with the best features of the current locale.To enhance community is the main reason he supports these options applying to their zone,R-7. Cottage clusters and adjoining common green space seem best since they want to make a neighborhood in which natural features such as existing mature oak trees enhance livability and affordability is achieved by housing diversity laid out thoughtfully. Walkability is already a benefit for those that stroll down to a revitalized Main Street. He said their main patch of 95ffi Avenue is quiet and should remain peaceful with eventual construction of housing on their lot. He urged the Council to approve such housing options that would allow a pocket community to develop in their neighborhood. Marilyn Manson, 118500 and 11900 SW 95`''Avenue,Tigard, OR 97223, said she is the wife of Wayne Chapman and is also supportive because this will provide opportunities for more people to buy homes in Tigard. Over 40 years she has become acquainted with Tigard and the community through the Chapman family members and neighbors. She has gotten to know many people who wanted to spend the rest of their lives here and hoped that their children and grandchildren may want to do the same. Rising home prices worry many members of this community. Housing is becoming unaffordable to young people, a concern her father-in-law had decades ago. The proposed housing options would ensure housing that will strengthen Tigard neighborhoods and communities. Brian Cornelius, 12675 SW Grant Avenue,Tigard, OR 97223, said he supports the development code amendments and the process explained by Associate Planner Warren. His property is zoned Residential 4.5 and is adjacent to several multi-family properties.A transit center is nearby, a bus stop is on the corner,it is close to Main Street and close to schools and churches. There are many businesses across the street. It is an ideal property for these types of code changes. He said one of the things he likes about the code is the variety of housing options which would add to the community and provide flexibility. He Ekes what he has seen so far in the discussion drafts. He hopes there are continuing opportunities to apply for variances within this framework. Michael Brewin, 11225 SW Morgan Court,Tigard, OR,97223, said he is opposed to revising the Community Development Code. He referred to his written testimony sent to TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 16 Council and said he is concerned with the statements made on affordability. He said Tigard is affordable for renters. The chart that the planner got from the multi-family property database PDX report showed Tigard with the most affordable rents in the SW Corridor area.The average home price in Tigard (sale price) averaged$408,300 through September. Tualatin was $452,000,Lake Oswego $657,000, Sherwood$413,000 and Wilsonville $459,000. Of our real neighbors of 65,000 or below we are the lowest. To compare us with Hillsboro is ridiculous. Tigard has the missing middle housing. He said this was a misnomer because what he sees with ADUs is lower quality than apartments. Mr. Brewin said he researched actual codes of each city in the area. Two ADUs are proposed by staff. No city in this area permits more than one. He read a list of cities. He said allowing two ADUs would be extreme,unprecedented and would turn single-family detached home properties into tri-plexes, thereby undermining residential zoning standards and directly harming nearby properties. Zone R 4.5 could turn into R-1. One ADU turns R-4 into R-9. Some people think density is good. But those people who like density chose to live in Portland when they bought their house;they don't live in Tigard. Since all cities currently limit ADUs to one,we should not become the lone exception. He said he regards that as unsound and reckless public policy and harmful to property values and this makes us the guinea pigs. We currently require owners to occupy ADUs and that should be retained. Lake Oswego and Sherwood have that. The premise is so people could stay in their homes for the rest of their lives. If this is not a falsehood then we should require the current owners to reside in one of the houses at least six months of the year and not rent out the one that is owner-occupied. Absentee landlords living in Palm Springs while renting their homes out in Tigard negates the premise of these changes. There should be a limit set for the number of occupants per ADU,based on square footage. If a clear limit is not set,human density will double.Ten people could be crammed inside. He said the Bonita Village Apartments had 20 people living in units. He addressed size and height. Right now it says the height is not to exceed 50 percent of the primary dwelling unit and not to exceed 800 square feet. Sherwood says not to exceed 40 percent. Beaverton says not to exceed 50 percent,maximum 800 square feet.Tualatin is the same. Wilsonville lists a not to exceed size of 600 square feet.Lake Oswego is 800 and Hillsboro says not to exceed 750 unless it is on the side or near the rear property line where it cannot exceed 450 feet with a height not to exceed ten feet if it is near the setback. This needs to be looked at again. At no time should the size of an ADU exceed the size of a permitted accessory structure if it is near the setback. Mr. Brewin said the code currently says no doors should have an entrance at the front unless it exists already and that provision should be kept. He listed other cities with this code.The ADUs should be completely sealed from the primary dwelling unit;otherwise they are not a legitimate ADU. Regarding parking,no other cities allow an exemption of the requirement for one additional parking space. Most of Tigard is not within walking distance to a bus stop or light rail. It is unreasonable and draconian to expect people to walk up to half a mile to a bus stop, especially for the elderly or disabled, from November through April, or after dark. A stated purpose of an ADU is for elderly persons to stay in their homes but 95 percent of people in his Genesis Loop neighborhood don't use public TIGARD CITY COUNCIL MEETING MINUTES—November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 16 transportation whatsoever. Staff is proposing a parking waiver so you could have on-street parking in lieu of a parking space. He asked how someone could calculate if they were 2500 square feet from public transit. Was it as the crow flies or along city streets? Mr. Brewin recommended adding an SDC to build ADUs and said they should not be sold separately or sub-divided. He said he was speaking for his Genesis Loop neighbors and friends in Summerfield in saying the proposed changes conflict with CCRs. If someone attempts to build clusters or courtyard units, there would be lawsuits. Environmentally, increasing density strains already-limited potable water resources, strains public schools removes tree canopy creates more carbon, more air pollution and noise. A lot of Tigard is not laid out this way. TriMet system was oriented for people going into Portland. He doesn't want neighborhoods to become like the Pearl district where you cannot find a spot to park. Karen Manske,Wireless Policy Group for AT&T, 12005 SW Poppy Drive, Gaston, OR 97119, said AT&T previously submitted comments in writing and recently received more changes in Exhibit C and remain concerned about several inconsistencies with the amendment and the new SEC order addressing small wireless deployment. She gave two examples: 1) The proposed definition of small cells in the amendment is not consistent with the FCCs definition; and 2) There appears to be a new cap on height on small wireless of 40 feet which is inconsistent with the FCC recommendation of 50 feet. That ten foot change is significant to a small cell. PGE said their typical wood distribution pole is 37 feet above ground and they require a ten-foot separation from their distribution lines. Small cells would need to go up to 47 or down to 27 feet and neither is ideal for their use.And if it is 47 feet they would be precluded from installing in residential areas. An option is to install a cell facility only pole. Most jurisdictions do not like that look. The problem is that the new code amendment has specific setbacks for new poles that apply to small cell only towers and those setbacks prohibit AT&T from installing new small-cell poles in the Tigard jurisdiction. With these kinds of concerns they request additional time for staff to consider eliminating the 40-foot cap and in residential zones going with the 50-foot cap, and eliminating setbacks in the right-of-way for small cell only poles. Most utilities do not have setback requirements but small cell poles do have them. She requested that they be treated the same as other utilities in the right-of-way. Alan Bar,Verizon Wireless, 5430 NE 122"d,Portland, OR 97230, said if Council is like him, they are dependent on mobile technology for the most important relationships such as a to-do list from his wife,mobile updates from his children's teachers and tonight he will be tucking his kids in via video. He said 5g small cells are small antennas and equipment attached to utility poles,light poles and independent structures in the right-of-way. These small wireless facilities are needed to improve existing coverage and to bring new technologies. The benefits of improved coverage are filling existing coverage gaps, small cells will usher in a truly mobile society. Whether it is smart homes,which do your shopping or cleaning or keep you safe, autonomous cars, or just being able to work from home or watch a game or movie from your phone. In order to build this future Verizon needs favorable code that includes cost-based fees, reasonable and flexible design standards and faster review and approval timelines. Verizon looks forward to investing in the Tigard community. He said in many ways Tigard's code is very workable and he appreciated that TIGARD CITY COUNCIL MEETING MINUTES — November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 16 changes staff has done but there are a few restrictions that are not in compliance with FCC regulations and will compromise Verizon's small cell development in Tigard,like the revised height restrictions. Elise Shearer, 9980 SW Johnson Street,Tigard, OR 97223, commented on the quads. She noted that they will be on major street corners and entrances are supposed to be fronting the street. River Terrace requires that entrances face the street to protect that pedestrian environment. If the street does not allow on-street parking it doesn't make sense for a house to only have street facing entrances. On arterials, access could come from small parking areas on the side.Ms. Shearer thanked staff for moving towards a form-based code and said she is in support of the housing code changes for variety and affordability. Council President Snider asked if staff felt the concept of two ADUs is well tested. He asked, "Are we confident that we are not conducting an experiment?" Mayor Cook asked how many of the cities that have listed one have even updated their codes. F. Staff response to testimony. Associate Planner Warren said since HB 1051 took effect most cities are considering code amendments and have wrapped in their ADU language into other code change projects. Beaverton,Fairview and Forest Grove are in the process. Cornelius,Durham,Fairview have not started their process yet.The cities of Happy Valley, King City,Lake Oswego, Wilsonville, Portland, Milwaukie, Oregon City and Sherwood are all going through the same process. Mr.Warren said the allowance of two ADUs was a recommendation in the Land Conservation and Development Commission (LCDC) guidance after Senate Bill 1051 passed. They strongly advised cities to consider two ADUS and it also came from the Metro guidance as part of their ADU region-wide code audit. Currently,we know that Portland is including two in their code. Springfield passed theirs in March and allows two ADUs. He recently checked in with them to see how it is going and the reality is that there has not been a lot of implementation. The option is there but most folks will not take advantage of this in the near term. There are development costs for one ADU and he did not think there would be a lot of demand to build two. Council President Snider commented that he is not hearing from staff that allowing two ADUs is well tested. Council President Snider asked if staff is concerned about home occupation use occupying an ADU. Associate Planner Warren said staff is concerned and the code currently allows an ADU to have a home occupation the same as the main residence can,but a second ADU cannot have a Type II home occupation. Mayor Cook asked since this is an ongoing change to these facilities for telecomm or small cell,what the reason was to rush and put this into this code change rather than waiting. Associate Planner Warren said they want to lower the barriers to small cells. Our goal is to get small cell tech out of land use process and let engineering take over the approval and regulation of this type of facility. TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 16 Mayor Cook asked for clarity on setback requirements in the residential zone. Associate Planner Warren said he was not aware of setback requirements in the residential zones but there were standards for setbacks in the right of way. These were addressed in the code memo given to Council. Ms. Manske said they are concerned about all zones. The first area of concern is 18.450.040 A.5 specifically regarding new small cell poles not going onto existing infrastructure.Those areas where they cannot use existing infrastructure or there is none available require a setback that is equal to the height of the tower. Section B.2 setbacks show both towers that are collapsible within themselves and those that are not having setback requirements that any small cell tower cannot comply with in areas where we want to put them, such as high density residential areas with ADUs and tight building spaces. Associate Planner Warren responded that this gets to the challenge of making changes after Planning Commission and responding to one wireless provider but then receiving comments from other wireless providers coming in later who have not seen the revised memo yet. He said he believed the setback changes were addressed in the site development review section and exempted small cell facilities in the right of way from the landscaping and screening requirements and fencing standards and also addressed setbacks. Ms. Manske noted that the code said they would not be exempt from Historical Zones. Mr. Warren said the Historical Overlay Zone does not extend into the right of way. Mayor Cook asked her if staff is doing this to incentivize carriers to come in and provide this service, does it hamper things if this section is postponed. Ms. Manske said AT&T is thankful to staff for allowing them to participate and postponing this until the December 11`x'meeting in order to clear up a few concerns would still allow the carriers and staff to discuss last remaining issues to be in compliance by the January 14, 2019 deadline. Councilor Goodhouse asked if there would be system development charges (SDCs) assigned for ADUs. Associate Planner Warren said the current practice is that SDCs are not applied to ADUs and this would be looked at again. Council President Snider said it would be a barrier. Mayor Cook said he understood that all dwelling units have SDCs unless Council waives them. Councilor Anderson noted they are using the same water and same stormwater and there are no parking requirements. Assistant Community Development Director McGuire said in the past,ADUs could only be attached to the main dwelling. In response to a question from Mayor Cook about whether an SDC discussion was part of this code change,Associate Planner Warren said it was not assigned as part of the Development Code. Associate Planner Warren said it is not particularly instructive in this case to look at what other cities are doing with ADUs because the ADU code in most Metro area jurisdictions is in flux. He noted that there is a maximum size for a dwelling on a lot as long as setbacks are followed. There could be a house with fifteen bedrooms and 30 people living there. There is not a maximum size for a dwelling on a lot. And what makes a daylight basement room into an ADU is a stove. Councilor Anderson confirmed that someone could have a basement with a microwave,refrigerator, dishwasher, and sink but it is not considered an ADU unless there is a stove. TIGAR.D CITY COUNCIL MEETING MINUTES—November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 16 Councilor Anderson said the code allows for two ADUs but just one can be external;the second would need to be a daylight basement. There would not be three buildings. G. Mayor Cook closed the public hearing. H. Council Discussion and Consideration: Ordinance No. 18-23 Councilor Anderson said that staff did a good job on this and the City needs to come into compliance with the new legislation. He said ADUs can be very nice and comfortable. There are a lot of people who plan on living in the ADU and having other relatives live in the first house. It is an affordable housing piece that is missing. He said he did not think there would be many of them and the ones we will have will be appreciated by the neighborhoods. R 3.5 is a flexible zone with middle-density lots where we can get cool, walkable developments that we would not have otherwise. He said he supports the proposed code amendments as is,with revisions to come. Councilor Goodhouse suggested pulling out the small cell language until the December 11 council meeting. Council President Snider said staff has described it as incremental. The FCC order is being bantered about and there might be a stay but it seemed to him Council should act on the incremental change because it is an improvement. Councilor Goodhouse asked about changing 2500 from crow flies to street travel measurement. Council President Snider said it would probably never be used. Councilor Anderson said there is not that much transit. Mayor Cook said the measure for marijuana buildings is as the crow flies. Mayor Cook referred to Mr. Brewin's comments about height limits especially near a property line. Councilor Anderson said there are residential height limits already. The fear is that people will suddenly will have someone looking down into their backyard that was not there before. At 800 square feet it would probably not be two stories but could be built onto a garage, for example.Associate Planner Warren said the height limit is 25 feet but if it is within five feet of the rear property line the limit is 15 feet. Council President Snider moved to approve Ordinance No. 18-23,amended as shown in staff memorandum dated November 21, 2018 and removing the Rowhouse Chapter 18-280. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 18-23—AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD,FOR THE PURPOSE OF ADOPTING THE PHASE II-POLICY AND PROCEDURES UPDATE (DCA2018- 00003), amended as shown in Exhibit C,the staff memorandum dated November 21, 2018,with Chapter 18.280-Rowhouse removed. TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 uvww.tigard-or.gov I Page 15 of 16 Yes No Council President Snider ✓ Councilor Woodard (absent) Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 18-23 was adopted by a unanimous vote of Council members present. Mayor Cook thanked staff and the Housing Options Task Force and said he heard from people who attended the Open House who felt their feedback was well received. He said he is not always in favor of open houses but this particular one was a good thing. 8. NON AGENDA ITEMS None. 9. EXECUTIVE SESSION: At 9:47 p.m. Mayor Cook announced that the Tigard City Council would enter into an Executive Session to evaluate public officials under ORS 192.660 (2) (i). He said the Tigard City Council would adjourn from the Red Rock Creek Conference Room after the Executive Session. 14. ADJOURNMENT At 10:37 p.m. Councilor Goodhouse moved for adjournment. Councilor Anderson seconded the motion. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard (absent) Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ -7eaO-f'�7,-t4�� Carol A. Krager,City Recorder est: Ja B. Snider, Mayor Dat TIGARD CITY COUNCIL MEETING MINUTES —November 27, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-o.t.gov I Page 16 of 16