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Ordinance No. 19-18 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- / AN ORDINANCE ADOPTING COMPREHENSIVE PLAN 1'L,XT AMENDMENT CPA2019-00002 TO UPDATE THE TIGARD PUBLIC FACILITY PLAN, AND TO UPDA 1'h THE PUBLIC FACILITIES AND SERVICES CHAPTER OF THE TIGARD COMPREHENSIVE PLAN. WHEREAS, Oregon Revised Statutes 197.712 states a city or county shall develop and adopt a Public Facility Plan for areas within an urban growth boundary containing a population greater than 2,500 persons; and WHEREAS, Oregon Statewide Land Use Planning Goal 11 requires adoption of a Public Facility Plan to ensure that public facilities and services are provided in a timely,orderly and efficient arrangement;and WHEREAS, Oregon Administrative Rules 660-011 states a Public Facility Plan is a support document to the Comprehensive Plan;and WHEREAS, Tigard's Periodic Review Work Program requires updates to the Tigard Public Facility Plan and Public Facilities and Services chapter of the Tigard Comprehensive Plan;and WHEREAS,Tigard Planning Commission held a public hearing on October 21, 2019,and Tigard City Council held a public hearing on November 26, 2019, to consider the proposed updates to the Tigard Public Facility Plan and Tigard Comprehensive Plan;and WHEREAS, Tigard City Council carefully considered testimony at the public hearing, and determined the proposed updates conform to applicable state law,administrative rules,and regional and local requirements. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Public Facility Plan is adopted,as shown in the attached Exhibit A. SECTION 2: The Public Facilities and Services chapter of the Tigard Comprehensive Plan is amended, as shown in the attached Exhibit B. SECTION 3: The findings and conclusions contained in Exhibit C, "Planning Commission Recommendation to the City Council" (CPA2019-00002), are adopted as the basis in support of this ordinance. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 194 Page 1 PASSED: By um rlllf1d4a- vote of all count' members present after being read by number and title onh, this o264'1--day of 4/ ,2019. Carol446-6( a r CityRe&...,____ ��� , APPROVED: By Tigard City Council this ? lay of ,/14. '&2 ,2019. Jas Snider,Mayor Approved as to form: C\� ) City Attorney 11iIL, r , `I Date ORDINANCE No. 19-/5. Page 2 EXHIBIT A 11111 0 is :1 TIGARD 0 City of Tigard Public Facility Plan Presented to Tigard City Council November 26, 2019 Introduction A Public Facility Plan (PFP)is required for every Oregon jurisdiction under Oregon Statewide Planning Goal 11: Public Facilities and Services, and Oregon Administrative Rules (OAR) Chapter 660, Division 11: Public Facilities Planning. This memorandum has been prepared to serve as the update to the Tigard PFP that was originally adopted in 1991. The updated PFP meets the requirements of Tigard's Periodic Review Work Program Task 4: Public Facility Plan and Urban Services, as reviewed by the Oregon Department of Land Conservation and Development (DLCD). Tigard's Periodic Review was initiated in 2010, and the completion of Task 4 is the final task required of the City. This PFP is also a support document to the Public Facilities and Services chapter of the Tigard Comprehensive Plan. Tigard's Periodic Review Work Program Task 4 specifically states that the following public facilities must be included in the PFP: • Storm drainage • Water • Sanitary sewer • Park facilities Additionally, OAR 660-011-0010(1) states that a PFP must include the following items for each public facility: (a) An inventory and general assessment of the condition of all the significant public facility systems which support the land uses designated in the acknowledged comprehensive plan; (b) A list of the significant public facility projects which are to support the land uses designated in the acknowledged comprehensive plan. Public facility project descriptions or specifications of these projects as necessary; (c) Rough cost estimates of each public facility project; (d) A map or written description of each public facility project's general location or service area; (e) Policy statement(s) or urban growth management agreement identifying the provider of each public facility system. If there is more than one provider with the authority to provide the system within the area covered by the public facility plan,then the provider of each project shall be designated; (f) An estimate of when each facility project will be needed; and (g) A discussion of the provider's existing funding mechanisms and the ability of these and possible new mechanisms to fund the development of each public facility project or system. OAR 660-011-0010(3) also states: "Where all or part of an acknowledged comprehensive plan, facility master plan either of the local jurisdiction or appropriate special district, capital improvement program,regional functional plan, similar plan or any combination of such plans meets all or some of the requirements of this division, those plans, or programs may be 1 incorporated by reference into the public facility plan required by this division. Only those referenced portions of such documents shall be considered to be a part of the public facility plan and shall be subject to the administrative procedures of this division and ORS Chapter 197." Accordingly, the following citywide plans are incorporated by reference into the City's PFP: Stormwater Master Plan (2018),Water System Master Plan (2010), Sanitary Sewer Master Plan (2010), Parks System Master Plan Update (2009), and Greenways Trail System Master Plan (2011) are incorporated by reference into this PFP. The following sub-area plans, which are specific to the River Terrace area, are also incorporated by reference into this PFP: River Terrace Stormwater Master Plan (2014),River Terrace Water System Master Plan (2014),River Terrace Sanitary System Master Plan (2014), River Terrace Park System Master Plan (2014), and the River Terrace Funding Strategy (2014). All of the above-referenced plans have been previously adopted and approved by Tigard City Council. As detailed in the findings below, these plans contain the information required by OAR 660-011-0010(1). Storm Drainage The City of Tigard partners with Clean Water Services (CWS)in the planning and management of the City's stormwater system. In 2018,the City adopted the Tigard Stormwater Master Plan, which captures information about Tigard's existing flooding, water quality, erosion, and maintenance issues, and provides several recommendations for programs and projects to address and prioritize stormwater management needs. This plan provides an inventory and general assessment of the City's existing stormwater system. The plan's Capital Improvement Project Fact Sheets and Program Recommendations Fact Sheets include maps, descriptions, and cost estimates for each project. The implementation section of the plan discusses project prioritization and recommendations. Funding for the stormwater system is generated from two sources. The first is from System Development Charges (SDCs) that are assessed on new developments that cannot provide their own water quantity and quality facilities. The money is placed in the Storm Sewer Fund and used for capital projects. The second, the Surface Water Management Fee, is a monthly charge that is collected on utility bills. The City keeps a portion of this fee for operations and maintenance of its portion of the stormwater system,with the remainder going to CWS. The River Terrace Stormwater Master Plan (2014) describes the stormwater management strategy for the River Terrace area and illustrates how this strategy is to be applied during the development of River Terrace. The plan includes a list of proposed projects with detailed descriptions including cost estimates, project prioritization, and recommendations. Funding options for development of the stormwater system in River Terrace are discussed in detail in the River Terrace Funding Strategy (2014). 2 Water The City of Tigard supplies water to the Tigard Water Service Area, which includes the majority of the City of Tigard, the Tigard Water District (Bull Mountain area of unincorporated Washington County),and the Cities of Durham and King City.Tualatin Valley Water District (TVWD) supplies water to the northeast area of the City. TVWD operates independently from the City of Tigard. The City purchases water in partnership with the City of Lake Oswego and draws water from the Clackamas River Basin. In 2008, the City signed an intergovernmental agreement regarding water supply facilities, design, construction, and operation with the City of Lake Oswego. The City also has agreements with TVWD, the City of Beaverton, and the Lake Grove Water District for emergency water supplies. Additionally, the City owns and operates wells to supplement existing water supplies during periods of high water demand. The Tigard Water System Master Plan (2010) is the current master plan for the City's water supply system. This plan includes an inventory and general assessment of the City's existing water system, supply sources, existing infrastructure, and general operations. The plan also provides a prioritized water system Capital Improvement Plan (CIP) and Capital Maintenance Plan (CMP) for the City. The CIP and CMP include lists of significant projects, cost estimates, project descriptions, project prioritization, and recommendations. The City has begun the process of updating the current Tigard Water System Master Plan at the time of this PFP update. The City of Tigard Water System is set up as an enterprise fund. This fund draws no money from the City's general fund. It operates solely on revenue generated by the water system. SDCs for new construction and connections, and fees for water consumption are the two main sources of revenue for this fund. The River Terrace Water System Master Plan Addendum (2014) guides water system infrastructure improvements specific to the River Terrace area. This addendum provides projected water demands and an analysis of the necessary water supply and storage capacity for the River Terrace area. The addendum also includes a list of proposed projects with detailed descriptions including cost estimates, project prioritization, and recommendations. Funding options for development of the water system in River Terrace are discussed in detail in the River Terrace Funding Strategy (2014). Sanitary Sewer The City of Tigard provides sanitary sewer service to its residents through a cooperative agreement with CWS. The Durham Advanced Wastewater Treatment Facility, operated by CWS, treats all wastewater from Tigard and discharges to the Tualatin River. Under the City's agreement with CWS, the City maintains and operates collection system gravity sewers smaller than 24 inches in diameter. The City holds overall responsibility for planning public infrastructure needed by existing and planned residents and businesses, and thereby shares 3 responsibility for overall wastewater collection system planning with CWS. The Tigard Sanitary Sewer Master Plan (2010) is the current master plan for the City's wastewater collection system. This plan includes an inventory and general assessment of the City's existing wastewater collection system, existing facilities, and general operations. The plan also presents a prioritized sanitary sewer CIP,which includes a list of significant projects, cost estimates, project descriptions, project prioritization, and recommendations. Funding for the wastewater collection system is generated from three sources. First, developers finance the construction of new sewer lines needed to service their new developments. Second, during the building permit process, a connection fee is collected by the City. Most of the fee is transferred to CWS, but a portion of the fee is retained by the City for system improvements. Finally, a monthly sewer service fee is collected on the utility bill and a portion is retained by the City for operations and maintenance of its portion of the wastewater collection system, with the remainder going to CWS. The River Terrace Sanitary System Master Plan Addendum (2014) guides sanitary sewer infrastructure improvements in River Terrace. The addendum includes a list of proposed projects with detailed descriptions including cost estimates, project prioritization, and recommendations. Funding options for development of the sanitary sewer system in River Terrace are discussed in detail in the River Terrace Funding Strategy (2014). Park Facilities The City of Tigard contains nearly 550 acres of parks,greenways, and natural areas. The City's park system is made up of different types of parks, recreation facilities, and open space areas, each designed to provide a specific type of recreation experience.Accordingly, the City's parks are classified by their function: community parks, neighborhood parks, pocket parks, linear parks, special use areas,open space,and undeveloped parkland.The City's trail system consists of regional trails, which serve as the backbone to the trails network, supported by a complementary system of community and neighborhood trails. The Tigard Parks System Master Plan Update (2009) is the current master plan for the City's park system. The current plan includes an inventory and general assessment of the City's existing park facilities, and general operations. The plan also provides a needs analysis of park- related amenities, recreation facilities, and programs in the City. The implementation section of the plan discusses both non-capital and CIP projects, and includes a list of significant projects, cost estimates, project descriptions, project prioritization, recommendations, and funding options. The City has begun the process of updating the current Tigard Parks System Master Plan at the time of this PFP update. The Tigard Greenways Trail System Master Plan (2011) is the current master plan for the City's trail system. This plan includes an inventory and general assessment of the City's trails, general operations, and existing trail-related policies and plans. The plan also provides a list of 4 recommended trail projects, which includes cost estimates, maps, project descriptions, and project prioritization. The implementation section provides a detailed discussion on funding options and further recommendations. The River Terrace Park System Master Plan Addendum (2014) is the guiding document for park planning and development in the River Terrace area. The addendum includes a list of recommended parks in River Terrace, with detailed descriptions of proposed park types and cost estimates. Funding options for park development in River Terrace are discussed in detail in the River Terrace Funding Strategy (2014). Conclusion This PFP meets the requirements of Tigard's Periodic Review Work Program Task 4: Public Facility Plan and Urban Services, as reviewed by DLCD. Additionally, this PFP complies with Oregon Statewide Planning Goal 11: Public Facilities and Services, and OAR Chapter 660, Division 11: Public Facilities Planning. 5 EXHIBIT B This document contains the entire text of Chapter 11: Public Facilities and Services of the Tigard Comprehensive Plan. This chapter is being updated as a requirement of Tigard's Periodic Review Work Program Task 4: Public Facility Plan and Urban Services, which is reviewed by the Oregon Department of Land Conservation and Development.Text shown in bold, italic, and underlined is proposed to be added. Text shown in striltethre.ugh is proposed to be removed. Tigard Comprehensive Plan Public Facilities and Services "The community's vision is for a future where essential public facilities and services are readily available to serve the needs of the community." Public Facilities and Services addresses the their appropriate coordination, location, and delivery of public services in a manner that best supports the existing and proposed land uses. For the purposes of the Comprehensive Plan, Public Facilities and Services refers to Stormwater Management, Water Supply and Distribution, Wastewater Management, Community Facilities, and Private Utilities. The provision of these facilities and services is essential to a high quality of life and the health, safety, and welfare of the community. Their availability is also vital to promoting and sustaining a strong local and regional economy. For these reasons, the City and its partner agencies and districts must efficiently plan for the impacts of future growth and development on the facilities and services provided. Statewide Planning Goal 11 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage,maintain,and expand the public facilities and services of the community. 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." The community's vision is for a future where essential public facilities and services are readily available to serve the needs of the community. They understand the importance of not only planning for and funding the facilities, but ensuring their continued maintenance. They also recognize the impact that new development places upon all services and want them to pay their fair share. The public library, senior center, public safety, and public schools especially are considered vital components of a high quality, livable community. Furthermore, it is recognized that expected population growth in the region will place increased pressure on existing public facilities and services. Tigard Comprehensive Plan,Public Facilities and Services 1 The City of Tigard has adopted the City of Tigard Public FacilityPlan (1991) as required by Oregon Administrative Rule 660-11. The City will make appropriate updates to the Public Facilitty Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rule 660-25. Section 1: Stormwater Management The City stormwater infrastructure is a mix of natural and piped systems. As with most urban areas, the reliance on piped stormwater has been important to transport the water from impervious surfaces to the natural systems and move it out of the community. To ensure the system operates effectively, the natural components must remain in good condition to meet the primary objectives of protecting water quality and flood control. To accomplish these objectives, the City adopted the Tigard Stormwater Master Plan (2018), and collaborates with Clean Water Services (CWS) in the planning and management of the system. The plans currently used for City efforts arc the CWS Stormwater Management Plan (2006), which addresses water quality protection, and Fanno Creek Watershed Management Plan (1997), which addresses flood control in the City. The City's master plan provides information about existing flooding, water quality, erosion, and maintenance issues. It provides several recommendations for programs and projects to address and prioritize stormwater management needs throughout the City. In addition to the citywide plan, a separate subarea plan known as the River Terrace Stormwater Master Plan (2014) was developed to address the unique stormwater management needs of the City's urban growth expansion area, which is located on the southern and western flanks of Bull Mountain. CWS has two adopted plans that the City is required to follow and also helps to implement. The CWS2996 StomwaterManagement Plan (2006)addresses water quality and (SWMP) is a requirement of the combined National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) permits held by CWS. The SWMP is revised on a five year cycle and was last updated in spring 2006. To implement the plan, The the City has an inter-governmental agreement (IGA) with CWS as a "self-service provider," to implement the plan. This designation means the City has operation and maintenance authority over storm drain systems, water quality systems, and roadside ditches within the City. under City jurisdiction. The IGA outlines the CWS work program standards that must be followed by the City. The 1997 Fanno Creek Watershed Management Plan (1997) include -. - - : ' : - , i - - CWS for all jurisdictions within the basin, and is the adopted drainage principal plan for drainage in the City. The plan Fanno Plan covers 85% of Tigard because{the remaining 15% of the City jurisdiction drains directly to the Tualatin River.) and has been adopted by the City—Included in the plan is an inventory of drainage structures, an evaluation of their adequacy of capacity, and recommended City infrastructure improvements to reduce flooding. Tigard Comprehensive Plan,Public Facilities and Services 2 Funding for these projects is available through the Storm Sewer Fund that results from the collection of system development charges. In addition, the City is responsible for adopting policies and regulations that implement statewide land use goals to protect water quality and wildlife habitat. These policies and regulations must ensure that the impacts of new development on the stormwater infrastructure are minimized. One of the greatest impacts on stormwater infrastructure is the amount of impervious surface in a watershed. Impervious surfaces increase run-off into the stormwater system and increase the peak flow of storm events. Reducing the impervious surface coverage will encourage natural filtration and help to reduce the stormwater infrastructure needs,as well as reduce problems associated with scouring and erosion of stream channels from storm events. Although CWS does not have land use authority, they have been involved in reducing the impacts of stormwater by developing the CWS Design and Construction Standards (2007) that have been adopted by, and are implemented by, the City. A city engineer performs the task of evaluating the stormwater infrastructure design during the development'review process to make sure the standards are met. In addition to the CWS Design and Construction Standards(2007), the City has adopted voluntary habitat friendly development provisions that may be utilized during new development. The provisions seek to protect wildlife habitat that has been identified within the community and includes low impact development practices that are meant to reduce stormwater flow. Funding for the stormwater system is generated from two sources. The first is from System Development Charges (SDCs) that are assessed on new developments that cannot provide their own water quantity and quality facilities. The money is placed in the Storm Sewer Fund and used for capital projects. The second, the Surface Water Management Fee, is a monthly charge that is collected on utility bills. The City keeps a portion of this fee for operations and maintenance of the stormwater infrastructure. Key Findings: • The expansion and maintenance of stormwater infrastructure is an important factor affecting growth and development. • Objectives of the stormwater system are the protection of water quality and flood control and are addressed through the Tigard Stormwater Master Plan (2018)1 CWS Stormwater Management Plan (2006), aftd—the Fanno Creek Watershed Management Plan (1997), and the River Terrace Stormwater Master Plan (2014). • The City maintains stormwater pipes, catch basins, outfalls, and water quality facilities; which includes ponds, swales, filter systems, detention pipes and tanks. • Impervious surfaces, undersized bridges and culverts, and inadequate infrastructure contribute to localized flooding. Tigard Comprehensive Plan,Public Facilities and Services 3 • The citizens of Tigard are concerned about population increases and the impact upon the community. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • The citizens of Tigard are concerned about the future of public services,which includes safety, schools and infrastructure. Goal: 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policies: 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. 2. The City shall continue to collaborate with Clean Water Services in the planning,operation, and maintenance of a comprehensive stormwater management system. 3. The City shall require the stormwater management system to comply with all applicable federal, state, and regional regulations and programs. 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. 5. The City shall require maintenance access to all stormwater infrastructure and easements. 6. The City shall maintain streams and wetlands in their natural state, to the extent necessary, to protect their storm- water conveyance and treatment functions. 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. 8. The City shall develop sustainable funding mechanisms: A. for stormwater system maintenance; B. to improve deficiencies within the existing system; and C. to implement stormwater system improvements identified in the Capital Improvement Plan. Recommended Action Measures: i. Adopt natural resource and habitat friendly development standards that utilize incentives for developers to incorporate green concepts into their design. ii. Review and modify the Community Development Code, as needed, to include effective regulations to implement the stormwater management goals and policies. iii. Identify and map problematic stormwater drainage areas in the community. iv. Research alternative funding strategies for use in improving identified problem stormwater drainage areas in the community. Tigard Comprehensive Plan,Public Facilities and Services 4 v. Develop partnerships to produce and distribute informational materials that outline the benefits of low impact development practices and green street concepts. vi. Develop and implement a Capital Replacement Program for the stormwater system. Section 2: Water Supply and Distribution The City of Tigard-provides water to the Tigard Water Service Area. This area includes most of the City's residents and also the City of Durham, King City, and the Bull Mountain area of unincorporated Washington County; which is represented by the Tigard Water District. The northeast corner of the City is supplied water by the Tualatin Valley Water District (TVWD), which operates independently from the City of Tigard. The TVWD is governed by a five-member Board of Commissioners and operates under the TVWD Water Master Plan/Management Plan (2007). Tigard has no role in the operation or management of TVWD, but has collaborated with them on long-term supply studies and is also capable of sharing water in emergency situations. The City of Tigard took over the provision of water to the Tigard Water Service Area from the Tigard Water District in 1994. During the transfer of supply responsibilities, an IGA created oversight for the water system through the Intergovernmental Water Board (IGWB), which consists of a member from Tigard, Durham, King City,Tigard Water District, and one at-large member. The IGWB advises Tigard City Council on issues relating to rate setting and water supply. The City owns and operates the water distribution system under license from the Oregon Department of Human Services and the Oregon Water Resources Department. The Water System Master Plan(2010) .. : • ! ' . - . - !!! is the current master plan for the City's water supply system. and the River Terrace Water System Master Plan Addendum (2014)is specific to the River Terrace area. The study provides direction for The City purchases water in partnership with the City of Lake Oswego and draws water from the Clackamas River Basin. In 2008, the City signed an intergovernmental agreement regarding water supply facilities, design, construction, and operation with the City of Lake Oswego. The City also has agreements with TVWD, the City of Beaverton, and the Lake Grove Water District for emergency water supplies.Although the City owns a few wells, nearly 90% of the water supply is purchased from whole sale water providers such as the Portland Water Bureau (PWB). The City signed a 10 year agreement in summer 2006 to continue purchasing water from PWB. In addition, the City purchases water from the City of Lake Oswego, which draws its water from the Clackamas River Basin. This lack of a City owned supply has been identified as an important issue for the future and three long term supply feasibility studies arc in progress. The studies arc in collaboration with Tigard Comprehensive Plan,Public Facilities and Services 5 During periods of high water demand, the City can supplement its supply with water from City-owned aquifer storage and recovery (ASR) wells and native groundwater wells. ::. :: - . - ; .. , : - : :. - , - :- - - :'- .• . - : - -. : - ' . Watcr from the JWC is delivered via the City of Beaverton system, making it Tigard's only fluoridated supply. The City also has system inter tics with Tualatin and the Lake Grove Water District that allows sharing water under emergency conditions. In 2005, the Oregon Departments of Human Services and Environmental Quality conducted a source water assessment on Tigard's groundwater. Within the Tigard water service area, 50 sites were identified as potential sources of drinking water contamination, if managed improperly. The City of Tigard Water System is set up as an enterprise fund. This fund draws The budget needs no money from the City's general fund. It, and operates btraed solely on revenue generated by the water system. the Water System creates. System Development Charges for new construction and connections, and fees rates for water consumption are the two main sources of revenue for this fund the budget. Key Findings: • The expansion and maintenance of water supply and distribution infrastructure is an important factor affecting growth and development. • Two water providers operate within the City of Tigard; this requires collaboration to define future roles. • The City of Tigard Water System Service provides potable water distributed through a network of reservoirs, pump stations, and pipes up to 36" in diameter. • Feasibility studies will help to provide direction for the City's long-term supply options. • The City has experienced a decrease in total and per capita consumption from 2001 to 2005 due to repairs made in water line leaks, rising costs, and the Water Conservation Program. • The Water Demand Forecast Report (2006) projects future annual water demand could range from 2,732 to 3,229 million gallons in the Tigard Water Service Area. • The citizens of Tigard are concerned about population increases and the impact upon the community. • The citizens of Tigard are concerned about the future of public services,which includes safety, schools and infrastructure. Goal: 11.2 Secure a reliable, high quality, water supply to meet the existing and future needs of the community. Policies: 1. The City shall prioritize securing an interest in a high quality, long-term water supply, which is financially feasible and reliable, to serve the Tigard Water Service Area. Tigard Comprehensive Plan,Public Facilities and Services 6 2. The City shall develop and maintain a water system master plan to coordinate the improvement and expansion of Tigard Water Service Area infrastructure to serve current and projected demand. 3. The City shall require maintenance access to all public water infrastructure and easements. 4. The City shall coordinate with Tualatin Valley Water District to require adequate supply and pressure to meet consumption and fire protection needs for the portion of Tigard served by the District. 5. The City shall ensure City of-Tigard Water System Service operations remain financially self-supporting. 6. The City shall require all new connections within the Tigard Water Service Area to pay a system development charge. 7. The City shall comply with all state and federal laws and regulations relating to potable water. 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; 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. 9. The City shall encourage water conservation through informational programs and maintenance of the system. 10.The City shall prohibit activities that have the potential for contamination of the municipal water supply. Recommended Action Measures: i. Develop partnerships with neighboring jurisdictions in securing a long term water supply. ii. Construct water distribution facilities in areas with minimal visual impact upon the community. iii. Identify and map developed properties that are not connected to the municipal water supply. iv. Continue funding a maintenance program that ensures adequate pressure and flow, protects water quality, and minimizes water loss. v. Identify areas of the City with low water pressure and implement solutions to address these issues. vi. Regularly review and update the Community Development Code as it applies to potable water. vii. Continue producing and distributing informational materials related to water supply and conservation. viii.Update water system development charges as needed. ix. Research and implement a system development charge structure that doesn't penalize residential structures for installing a fire sprinkler system. Tigard Comprehensive Plan,Public Facilities and Services 7 x. Develop and implement a Capital Replacement Program for the water distribution system. xi. Survey the community to gauge their attitude regarding a fluoridated water supply. Section 3: Wastewater Management Wastewater services within Tigard are managed through an agreement between the City and CWS.The agreement assigns the City enforcement of design and construction standards,rules and regulations, and rates and charges governing the use of, and connection to, the wastewater system. In return, CWS acts as the regional wastewater authority that provides, owns, and maintains sewer lines with a diameter of 24 inches or greater (the City owns less than 24-inch lines), as well as pump stations and treatment facilities. CWS is also responsible for the planning of wastewater collection in the Tualatin River basin. CWS owns and operates the Durham Wastewater Treatment Facility. The facility is operating under the basin-wide NPDES permit and is in compliance with Clean Water Act regulations. The City has an IGA with Clean Water Services to perform management and maintenance tasks on City-owned wastewater infrastructure to ensure continued compliance with the regulations. The Sanitary Sewer Master Plan(2010)reflects ongoing planning for the sanitary sewer system serving the City. The principal purpose of the plan is to provide a capacity assessment of the wastewater collection facilities serving Tigard, and to document the City's maintenance practices and budgetary needs with respect to the wastewater collection system. Additionally, the River Terrace Sanitary Sewer Master Plan Addendum (2014)is specific to the River Terrace area. The CWS Collection System Master Plan Update(2000) is the current plan for wastewater collection in the Tualatin basin,including the City of Tigard.The primary focus of the plan was to analyze future capacity of the system; it was found that all existing lines within the City of Tigard have adequate capacity to accommodate anticipated growth. The City has also developed the Sanitary Sewer Facility Plan Map to help prioritize projects and schedule improvements to the system through the Capital Improvement Plan (CIP). The facility map is continuously revised, and shows the locations of all current and proposed lines within the City. The map allows the City to plan for new construction and also identify developed neighborhoods not currently being served by the wastewater system. The Neighborhood Sewer Extension Program was established in 1996 by the City to extend public infrastructure to unconnected neighborhoods. This program encourages property owners to retire septic systems and connect to the City sewer system. The program does require property owners, upon connection, to reimburse the City for a fair share of the total cost. To encourage participation, the City also established the Neighborhood Sewer Reimbursement District Incentive Program that provides options for limiting the financial burden on the property owner. Tigard Comprehensive Plan,Public Facilities and Services 8 In addition to the operation and maintenance of the existing wastewater system, the City is responsible for implementing the CWS Design and Construction Standards (2007). Land use applicants are required to obtain a Public Facility Permit when connecting to City owned wastewater infrastructure and must comply with the standards as part of the development review process. This function is outlined in the IGA between CWS and Tigard and is carried out by a City engineer. Funding for the wastewater system is generated from three sources. First, developers finance the construction of new sewer lines needed to service their new developments. Secondly, during the building permit process, a connection fee is collected by the City. Most of the fee is transferred to CWS,but a portion of the fee is retained by the City for system improvements. Finally, the monthly sewer service fee is collected on the utility bill and a portion is retained by the City for operations and maintenance of the wastewater system. Key Findings: • The expansion and maintenance of wastewater infrastructure is an important factor affecting growth and development. • The City coordinates the expansion, operation, and maintenance of wastewater infrastructure through an IGA with CWS as a "self-service provider." • The City owns and maintains wastewater mainlines sized 6 to 21 inches in diameter. • A number of unserved neighborhoods have been provided the opportunity to connect through the Neighborhood Sewer Extension Program.Additional neighborhoods have been identified as potential participants in the program. • The citizens of Tigard are concerned about population increases and the impact upon the community. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • The citizens of Tigard are concerned about the future of public services,which includes safety, schools, and infrastructure. Goal: 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policies: 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. 2. The City shall continue to collaborate with Clean Water Services in the planning,operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. Tigard Comprehensive Plan,Public Facilities and Services 9 3. The City shall require the wastewater management system to comply with all applicable federal, state, and regional regulations and programs. 4. The City shall require maintenance access to all wastewater infrastructure and easements. 5. The City shall prohibit the repair or replacement of septic tank systems within the City, to the extent it has jurisdiction, unless it is not feasible to connect to the wastewater system. 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. 7. The City shall require wastewater fees to be adequate to fund the operations and maintenance of the system. Recommended Action Measures: i. Collaborate with Washington County Department of Health and Human Services on developing an efficient protocol for notification of failed septic systems. ii. Regularly review and update fees and charges to ensure they are sufficient to meet the needed operational costs. iii. Identify and map properties not connected to the public waste- water system. iv. Continue the sewer extension program in order to encourage all properties to connect to the public wastewater system. v. Continue a proactive maintenance program to prolong the life of the infrastructure. vi. Develop and implement a Capital Replacement Program for the wastewater collection system. Section 4: Community Facilities The City of Tigard provides many community services,while special districts supply a portion of the facilities and services that make the community what it is today. All of these facilities and services must maintain a level of service that is adequate for the current population and, at the same time, must plan for and accommodate future growth and development within Tigard. This is why collaboration during the development process is essential to ensuring the services will be available and funding options will continue to exist with an acceptable level of service. City-owned facilities include the Tigard Public Library, the Senior Center, and a number of administrative and equipment storage facilities. The library is a new facility that was funded by a community bond measure and opened to the public in 2004. The library offers a wide range of services and programs and acts as a community center for Tigard residents. The library has experienced a significant increase in use since the new facility was opened. The Senior Center is a hub of activities for the aging population in the community. Social events, classes, and meal services are a few of the offerings. Other City-owned facilities are dispersed around the community and house various City personnel and equipment. These facilities are vitally important to support the provision of public services to the community. Tigard Comprehensive Plan,Public Facilities and Services 10 Two public school districts serve the City of Tigard's school-age children:Tigard-Tualatin and Beaverton. Only Tigard-Tualatin owns property and operates schools within the Tigard City limits. Both districts have seen steady growth over the years and are an important component of reviewing development applications to ensure school capacity is not exceeded.Additionally, this working relationship is important to finding appropriate sites for new school facilities that will limit the impacts to the neighborhood and traffic flow. Public safety is a critical component of a livable community. There must be adequate and effective services, as well as the necessary infrastructure, to respond to emergencies in a timely and efficient manner. This not only applies to the current population and built environment within the City, but also to new growth and development. The Tigard Police Department provides police services, while Tualatin Valley Fire & Rescue (l'VFR) provides fire protection and emergency services for the community. Both have an intergovernmental agreement with the Washington County Consolidated Communications Agency (WCCCA) for 911 service and public safety communications. TVFR is a fire district that covers 210 square miles, has a five-member board of directors and is funded through a permanent tax rate on properties within the district. One way for Tigard Police and TVFR to gauge their level of service is by tracking their incident response time. Both pride them- selves on quick response time to calls for service, but as development occurs, added traffic volumes and the associated congestion can cause a delay in response time. This has led to, and will continue to lead to, the need for emergency services to expand their services and facilities in order to continue providing adequate service. Since growth and development will impact both fire and police services, Tigard Police and TVFR have the opportunity for review and comment during the land use application process. They evaluate proposed projects to ensure an adequate level of service exists for the development, and no impediments will occur to hamper the ability to perform their functions. For TVFR, street design and placement is very important for access and egress of its equipment. A well connected street network is also essential to improving response times, for both fire and police services. During the land use application process, TVFR reviews hydrant locations, adequacy of firefighting water supplies, and viability of apparatus access to ensure meeting fire code requirements. In addition to providing a built environment that is accessible for safety equipment, the City has adopted the Oregon statewide minimum fire code, and performs inspections on new construction. The fire code outlines the required equipment for various development types and sizes. Homeowners can voluntarily take steps to reduce risk of fire by installing equipment and providing a defensible space around structures that are located in an area at risk of wildfire. Key Findings: Tigard Comprehensive Plan,Public Facilities and Services 11 • Growth and development will place increasing demands on the Police Department, which has an average response time that has increased by 16% over the 5 year period from 2002 to 2006. • Areas of high population density and commercial areas,particularly Washington Square Mall, place high demands on the Tigard Police Department. • TVFR provides fire protection services for the City through an IGA. • The dependability of fire protection is based in part on the distribution and capacity of the City water supply. • The City owns all fire hydrants within its boundaries. • The community has an ISO fire insurance rating of 2, one of 15 in Oregon. • Street widths must be adequate for fire equipment access and egress, which may conflict with development that is promoting a pedestrian-friendly environment through narrower streets. • Appropriate fire detection and suppression equipment installed at the time of development is cost-effective and invaluable in reducing the community's risk to fire. • Two public school districts serve the City of Tigard's school-age children: Tigard- Tualatin and Beaverton. The school district boundary dates back to 1910, prior to Tigard's incorporation. • In both 1993 and 2006 City surveys, Tigard residents named schools, education or school funding as top issues for the community (ranking 6th and 4th, respectively). • TTSD owns a number of properties in Tigard. The Beaverton School District does not own any property within Tigard • TTSD estimates slow steady growth: 4.6% rate by 2010, with no additional schools planned for City limits. • Beaverton School District is experiencing rapid growth and is looking for land for a future school in the southwestern quadrant of their district, which includes schools attended by Tigard residents. • The new library has experienced increased usage (80°'o increase in visits from 1996 to 2006) since its completion, and as growth and development occur in the community, additional pressure will be put on the services offered. • The library is valued as a community center for public meetings and other events. • Although not all City departments are directly involved in land use planning, their provision of services is affected by growth and development. These impacts on government services must be considered during the land use application process, as well as additional facilities that would be needed to house them. • City sustainability programs will be evaluated for inclusion in the Capital Improvement Plan and may have an impact on future building renovations as it relates to the Tigard Community Development Code. • The citizens of Tigard are concerned about population increases and the impact upon the community. Tigard Comprehensive Plan,Public Facilities and Services 12 • The citizens of Tigard are concerned about the future of public services,which includes safety, schools and infrastructure. Goal: 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policies: 1. The City shall support the provision of accessible public facilities and services through ensuring adequate administrative and general governance services. 2. The City shall continue to develop and maintain a Capital Improvement Plan to help provide for the orderly provision of public facilities and services. 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. 4. The City shall require that all new development: A. can be provided fire and police protection; B. provide Tigard Police, Tualatin Valley Fire and Rescue, and the school districts the opportunity to comment on the proposal; C. have sufficient fire hydrants and fire flow; D. have a street layout and design that is accessible by emergency vehicles; and E. have buildings that meet fire and building code requirements. 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. 6. The City shall provide library services that are accessible to the community and are sufficient to meet user demands. 7. The City shall coordinate with the school districts to address capacity needs associated with population growth. 8. The City shall locate appropriate municipal administration offices and services in downtown Tigard. 9. The City shall ensure the Senior Center is accessible and available to serve the needs of the aging population in the community. 10. The City shall: A. plan for and provide sufficient resources to respond to emergencies; B. coordinate and collaborate with the appropriate jurisdictions, agencies, and districts for emergency response; C. participate in emergency preparedness exercises on a periodic basis; and D. maintain an Emergency Operations Plan that is updated on a regular basis. Recommended Action Measures: i. Continue using the 5-year planning period as the foundation of the Capital Improvement Plan and continue implementing the Council approved projects each fiscal year. ii. Work with public safety agencies and districts to protect their ability for continued service provision. Tigard Comprehensive Plan,Public Facilities and Services 13 iii. Review the Community Development Code to identify locational barriers to constructing new schools and fire stations. iv. Research and identify funding sources to maintain and expand City services. v. Use current and future technologies to educate, alert, warn, and direct citizens to action in the event of major emergencies and disasters. vi. Work with Tualatin Valley Fire and Rescue to inform the community about the risks of urban interface wildfire. vii. Plan and locate emergency evacuation routes outside of flood prone areas. viii.Implement and update the 20-year Facility Plan for the continued stewardship of public buildings. Section 5: Private Utilities Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. This protects the public's past and ongoing investments in rights-of-way and other public lands. The fee also adheres to an equity principle that private companies should pay for the privilege of using public property to conduct business,just as they pay for the privilege of using private property to conduct business. The services provided by these private companies and the associated infrastructure are essential to the community. As growth and development occurs within the community, the City must require that these services are available and coordinate their extension during the development process, while at the same time protecting the primary intended use of public rights-of-way and other public properties. This coordination and cooperation between the various entities helps to avoid conflict with current and planned infrastructure in the right-of- way and provides fair opportunity to access the right-of-way. Additionally, uncoordinated utility installations in the public right-of-way may result in multiple street cuts and increased public costs to maintain curbs, gutters, streets, and sidewalks. The placement of utilities in the public right-of-way is regulated by the Tigard Community Development Code. During the development review process, a city engineer approves plans showing the location of utilities.New development is typically required to place utilities under- ground unless they are already in existence above ground, or where the action would not be feasible. In certain cases, where undergrounding is not feasible and the utility crosses or is adjacent to a public right-of-way, an in-lieu of fee may be assessed and placed into a fund that is used to move existing utilities underground else-where in the City. The City has also recognized the demand for wireless communication services and adopted regulations for the facilities necessary to provide them. The infra- structure needed to support the services has a visual impact upon the community and collocation efforts are encouraged by the City to minimize that impact. Collocation is the practice of placing the communication equipment of two or more companies on one structure (wireless tower). Tigard Comprehensive Plan,Public Facilities and Services 14 Key Findings: • Telecommunications, electricity, video, and natural gas service are provided to residents and business owners within the City of Tigard by private utilities. These private utilities pay an annual right-of-way usage fee to the City as outlined in the Tigard Municipal Code. • As growth and development occurs within the community, the City must ensure that private utility services are available and coordinate their extension during the development process. • • Collocation of wireless communication equipment and the location of the towers upon which the equipment resides have a direct visual impact upon the community. • As an equity principle, private companies should pay for the privilege of using public property to conduct business. • A key task of the City is to protect the public's investments and the primary intended use of these assets. Goal: 11.5 Private utilities provide the needed energy and communication services for the community. Policies: 1. The City shall require that all new development: A. secure the required energy and communication utilities; B. place new utilities underground, when feasible, or pay an in-lieu-of fee when crossing or adjacent to a public right-of-way; and C. provide necessary easements for energy and communication services. 2. The City shall require the placement of existing services underground, when feasible, or pay an in-lieu-of fee during redevelopment or street construction. 3. The City shall coordinate with private utilities during installation to minimize public costs to maintain curbs, gutters, streets, and sidewalks. 4. The City shall require the collocation of wireless communication services on existing towers whenever possible. 5. The City shall manage the siting of wireless communication towers to minimize visual impacts on the community. 6. The City shall manage private utility use of the public rights-of-way and other public lands to: A. protect the primary intended use of these assets; B. provide fair opportunity to access these assets, including those involved in emerging technologies; C. protect the public's past and ongoing investments by assessing suffi- cient charges for the privilege of using these public assets; and D. ensure the community has equitable access to essential private utilities. Recommended Action Measures: Tigard Comprehensive Plan,Public Facilities and Services 15 i. Identify and map areas that are conducive to using in-lieu-of fees for placing utility lines under ground during City projects. ii. Continue implementing no-pavement-cut policies on identified streets. iii. Review and improve the protocol for collocating wireless communication services. iv. Research the feasibility of and survey the community support for a City-owned wireless internet cloud. Tigard Comprehensive Plan,Public Facilities and Services 16 EXHIBIT C Hearing Date:November 26,2019 Time: 7:30 P.M. PLANNING COMMISSION RECOMMENDATION 1111 ., TO THE CITY COUNCIL I a FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: PUBLIC FACILITY PLAN CASE NO.: Comprehensive Plan Text Amendment CPA2019-00002 PROPOSAL: Update the Tigard Public Facility Plan and Public Facilities and Services chapter of the Tigard Comprehensive Plan, as required by Oregon Statewide Land Use Planning Goal 11: Public Facilities and Services, Oregon Administrative Rules Chapter 660,Division 11:Public Facilities Planning, and Tigard's Periodic Review Work Program Task 4: Public Facility Plan and Urban Services. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Multiple LOCATION: Citywide Oregon Statewide Land Use Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 11 (Public Facilities and Services). APPLICABLE REVIEW Metro Urban Growth Management Functional Plan,Title 8: Compliance Procedures. CRITERIA: Tigard Comprehensive Plan Goals 1, 2, and 11. Tigard Development Code Chapters 18.710 and 18.790. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission fords that the proposed updates to the Tigard Public Facility Plan and Public Facilities and Services chapter of the Tigard Comprehensive Plan meet all approval criteria as identified in Oregon Statewide Land Use Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 11 (Public Facilities and Services); Metro Urban Growth Management Functional Plan,Title 8: Compliance Procedures;Tigard Comprehensive Plan Goals 1, 2, and 11; and Tigard Development Code Chapters 18.710 and 18.790. Therefore, Planning Commission recommends APPROVAL of CPA2019-00002 to City Council. PUBLIC FACILITY PLAN PAGE 1 OF 8 CPA20I9-00(8)2 SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY A Public Facility Plan (PFP) is required for every Oregon jurisdiction under Oregon Statewide Land Use Planning Goal 11: Public Facilities and Services, and Oregon Administrative Rules (OAR) Chapter 660, Division 11: Public Facilities Planning.Under the direction of the State of Oregon Department of Land Conservation and Development (DLCD),the City of Tigard initiated its Periodic Review Work Program in 2010.The purpose of this work program is to ensure that Tigard's Comprehensive Plan is updated,and in compliance with statewide planning goals,statutes, and rules. Task 4 of Tigard's Periodic Review Work Program specifically requires an update to the Tigard PFP that was originally adopted in 1991, and text amendments to the Public Facilities and Services chapter of the Tigard Comprehensive Plan.Task 4 is the final task required in the City's Periodic Review Work Program. This staff report addresses how the proposed updates to the Tigard PFP and Public Facilities and Services chapter of the Tigard Comprehensive Plan meet all approval criteria as identified in Oregon Statewide Land Use Planning Goals 1 (Citizen Involvement),2 (Land Use Planning),and 11 (Public Facilities and Services);Metro Urban Growth Management Functional Plan,Title 8: Compliance Procedures;Tigard Comprehensive Plan Goals 1,2,and 11;and Tigard Development Code Chapters 18.710 and 18.790. On October 21, 2019, Planning Commission held a public hearing to consider this application (CPA2019-00002). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this application to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS STATEWIDE LAND USE PLANNING GOALS Goal 1: Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens were provided the opportunity to be involved in all phases of the planning process, city staff published public hearing notices in The Tigard Times on October 3,2019 and November 7,2019. City staff mailed public hearing notices to individuals on the citywide interested parties list, and to the neighboring jurisdictions of the City of Beaverton, City of Durham, King City, City of Lake Oswego, City of Tualatin, and Washington County on September 30, 2019. Additionally, city staff published public hearing notices,along with a copy of the PFP update and full text of comprehensive plan amendments, on the City's website on September 30, 2019 and November 6,2019. This goal is met. Goal 2: Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Goal 2 requires each local government in Oregon to have and follow a comprehensive land use plan and implementing regulations. DLCD has reviewed the Tigard Comprehensive Plan for compliance with statewide planning goals, and acknowledged that the plan is consistent with these goals. Additionally, the purpose of the Periodic Review process is to ensure that local comprehensive plans are: updated to respond to changes in local, regional, and state conditions; coordinated with other comprehensive plans and investments; and in compliance with the statewide planning goals, statutes, and rules. In 2010, the City of Tigard initiated its Periodic Review Work Program that was approved by DLCD (Attachment 1).Task 4 is the final task required in Tigard's Periodic Review Work Program,and it specifically requires completion of the following subtasks: PUBLIC FACILITY PLAN PAGE 2 OF 8 CPA2019-00002 1. Develop a Public Facilities Plan in accordance with Statewide Land Use Planning Goal 11 and OAR 660- 011-0010-45. Revise cooperative and urban service agreements consistent with Oregon Revised Statutes (ORS) 195 as appropriate. Address and inventory sanitary sewer,water, storm drainage, and park facilities; identify programmed and planned facilities, assess conditions, develop evaluation alternative policy/implementation measures. 2. Incorporate Technical Analysis of Clackamas River Water Right Extension in Tigard Comprehensive Plan (Statewide Land Use Planning). Identify relevant technical analysis from Lake Oswego/Tigard water extension right granted by Oregon Water Resources Department. The Tigard PFP update details how the City's existing facility master plans(stormwater,water,sanitary sewer,parks, and trails),and the existing facility master plans for the River Terrace area (stormwater,water, sanitary sewer,parks, and the funding strategy) meet the requirements of Subtask 1,as outlined above. The proposed amendments to the Public Facilities and Services chapter of the Tigard Comprehensive Plan include a reference to the City's intergovernmental agreement with the City of Lake Oswego regarding water supply, facilities, design, construction, and operation,which meets the requirements of Subtask 2, as outlined above.This goal is met. 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. Goal 11 states that each city with a population greater than 2,500 is required to create a PFP that meets its current and long-range needs. The purpose of the PFP is to ensure that development in the City is guided and supported by public facilities and services that are appropriate for the needs of the area to be served, and that those public facilities and services are provided in a timely, orderly,and efficient arrangement. Tigard's Periodic Review Work Program Task 4 specifically states that the following public facilities must be included in the PFP: storm drainage,water, sanitary sewer, and park facilities. Additionally, OAR 660-011-0010(1) states that a PFP must include the following items for each public facility: (a) An inventory and general assessment of the condition of all the significant public facility systems which support the land uses designated in the acknowledged comprehensive plan; (b) A list of the significant public facility projects which are to support the land uses designated in the acknowledged comprehensive plan. Public facility project descriptions or specifications of these projects as necessary; (c) Rough cost estimates of each public facility project; (d) A map or written description of each public facility project's general location or service area; (e) Policy statement(s) or urban growth management agreement identifying the provider of each public facility system. If there is more than one provider with the authority to provide the system within the area covered by the public facility plan, then the provider of each project shall be designated; (f) An estimate of when each facility project will be needed;and (g) A discussion of the provider's existing funding mechanisms and the ability of these and possible new mechanisms to fund the development of each public facility project or system. OAR 660-011-0010(3) also states: "Where all or part of an acknowledged comprehensive plan, facility master plan either of the local jurisdiction or appropriate special district,capital improvement program,regional functional plan, similar plan or any combination of such plans meets all or some of the requirements of this division, those plans, or programs may be incorporated by reference into the public facility plan required by this division. Only those referenced portions of such documents shall be considered to be a part of the public facility plan and shall be subject to the administrative procedures of this division and ORS Chapter 197." Accordingly, the Tigard PFP update details how the City's existing facility master plans (stormwater,water, sanitary PUBLIC FACILITY PLAN PAGE 3 OF 8 CPA20I9-00002 sewer,parks,and trails),and the existing facility master plans for the River Terrace area (stormwater,water, sanitary sewer,parks,and the funding strategy)plan for the timely,orderly,and efficient arrangement of public facilities and services, and serve as a framework for development in the City.This goal is met. METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN Title 8: Compliance Procedures 3.07.820 Review by the Chief Operating Officer (a)A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. City staff e-mailed a copy of the PFP update, and full text of comprehensive plan amendments to Metro staff on September 16, 2019, 35 days prior to the first public hearing before the Tigard Planning Commission. This requirement is met. TIGARD COMPREHENSIVE PLAN Goal 1: Citizen Involvement Goal 1.1. Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens were provided the opportunity to be involved in all phases of the planning process, city staff published public hearing notices in The Tigard Times on October 3,2019 and November 7,2019. City staff mailed public hearing notices to individuals on the citywide interested parties list, and to the neighboring jurisdictions of the City of Beaverton, City of Durham, King City, City of Lake Oswego, City of Tualatin, and Washington County on September 30, 2019. Additionally, city staff published public hearing notices,along with a copy of the PFP update and full text of comprehensive plan amendments, on the City's website on September 30, 2019 and November 6,2019. This goal is met. Goal 2: Land Use Planning 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. The proposed updates to the Tigard PFP and Public Facilities and Services chapter of the Tigard Comprehensive Plan meet the requirements of Tigard's Periodic Review Program Task 4, as directed by DLCD. This goal is met. Policy 2.1.1. The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. The proposed updates establish a clear policy direction for the timely, orderly, and efficient arrangement of public facilities and services in the City, and serve Tigard citizens'interests.Additionally, as detailed in the findings above, the proposed updates comply with all applicable state and regional requirements.This policy is met. Policy 2.1.2. The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. PUBLIC FACILITY PLAN PAGE 4 OF 8 CPA2019-00002 As detailed in the findings of this staff report, the proposed updates are consistent with and implement Goals 1, 2, and 11 of the Tigard Comprehensive Plan. This policy is met. Policy 2.1.3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. City staff has coordinated with the City of Beaverton, City of Durham, King City, City of Lake Oswego, City of Tualatin,Washington County,Metro, and DLCD regarding the proposed updates. This policy is met. Policy 2.1.13. 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. The updated Tigard PFP and Public Facilities and Services chapter of the Tigard Comprehensive Plan provide a framework for the expansion of public facilities and services within the City's Urban Planning Area that can realistically be expected to be within the City limits during the planning period. This policy is met. Policy 2.1.20. The City shall periodically review and, if necessary, update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs,provide reliable information,and conform to applicable state law,administrative rules,and regional requirements. The proposed updates provide reliable information, meet the requirements of Tigard's Periodic Review Program Task 4, and conform to applicable state law, administrative rules, and regional requirements. This policy is met. Goal 11: Public Facilities and Services Goal 11.1. Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. In 2018, the City adopted the Tigard Stormwater Master Plan,which contains information about Tigard's existing flooding,water quality, erosion, and maintenance issues, and provides several recommendations for programs and projects to address and prioritize stormwater management needs.Additionally,the River Terrace Stormwater Master Plan (2014) describes the stormwater management strategy that is specific to the River Terrace area. These documents ensure that the City develops and maintains a stormwater system that protects development, water resources, and wildlife habitat. Both documents have been incorporated into the updated Tigard PFP and Public Facilities and Services chapter of the Tigard Comprehensive Plan. This goal is met. Goal 11.2. Secure a reliable, high quality, water supply to meet the existing and future needs of the community. The City purchases water in partnership with the City of Lake Oswego and draws water from the Clackamas River Basin. In 2008, the City signed an intergovernmental agreement regarding water supply facilities, design, construction, and operation with the City of Lake Oswego. The City also has agreements with the Tualatin Valley Water District, the City of Beaverton, and the Lake Grove Water District for emergency water supplies. These agreements ensure that the City secures a reliable, high quality, water supply to meet the existing and future needs of the community. The Tigard Water System Master Plan (2010) is the current master plan for the City's water supply system. This plan includes an inventory and general assessment of the City's existing water system, supply sources, existing infrastructure,and general operations.Additionally,the River Terrace Water System Master Plan Addendum(2014) guides water system infrastructure improvements specific to the River Terrace area. These documents ensure that PUBLIC FACILITY PLAN PAGE 5 OF 8 CPA2019-00 002 the City adequately plans for the existing and future water supply needs of the community. All of the above referenced agreements and documents have been incorporated into the updated Tigard PFP and Public Facilities and Services chapter of the Tigard Comprehensive Plan. This goal is met. Goal 11.3. Develop and maintain a wastewater collection system that meets the existing and future needs of the community. The Tigard Sanitary Sewer Master Plan(2010)is the current master plan for the City's wastewater collection system. This plan includes an inventory and general assessment of the City's existing wastewater collection system, existing facilities, and general operations. Additionally, the River Terrace Sanitary System Master Plan Addendum (2014) guides sanitary sewer infrastructure improvements in River Terrace.These documents ensure that the City develops and maintains a wastewater collection system that meets the existing and future needs of the community. Both documents have been incorporated into the updated Tigard PFP and Public Facilities and Services chapter of the Tigard Comprehensive Plan.This goal is met. TIGARD DEVELOPMENT CODE Chapter 18.710 Land Use Review Procedures 18.710.110 Legislative Procedure Legislative actions typically involve adoption of an ordinance. In addition to any requirements imposed by the city charter, the following procedures apply. In the event of a conflict, the charter governs. A. Notice of hearing. 1. All Legislative applications require two hearings, one before the Planning Commission and one before the City Council. On October 21, 2019, Planning Commission held a public hearing to consider this application (CPA2019-00002). • No public testimony was received. A public hearing for deliberations on this proposal has been scheduled before City Council (scheduled for November 26,2019).This standard is met. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. City staff published public hearing notices in The Tigard Times on October 3,2019 and on November 7,2019. City staff mailed public hearing notices to individuals on the citywide interested parties list, and to the neighboring jurisdictions of the City of Beaverton, City of Durham, King City, City of Lake Oswego, City of Tualatin, and Washington County on September 30, 2019. Additionally, city staff published public hearing notices, along with a copy of the PFP update and full text of comprehensive plan amendments, on the City's website on September 30, 2019 and November 6, 2019.This standard is met. Chapter 18.790 Text and Map Amendments 18.790.020 Legislative Amendments A. Approval process. Legislative amendments are processed through a Legislative procedure, as provided in Section 18.710.110. This application is for text amendments to the Tigard Comprehensive Plan, and is being processed through a legislative procedure, as governed by Section 18.710.110 of the Tigard Development Code.Tigard City Council will make a decision on this application,with a recommendation from Tigard Planning Commission. This standard is met. B. Approval considerations. A recommendation or a decision for a legislative amendment may be PUBLIC FACILITY PLAN PAGL 6 OF R CPA2019-00002 based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statues, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) As demonstrated through the findings in this staff report, the proposed updates to the Tigard Public Facility Plan and Public Facilities and Services chapter of the Tigard Comprehensive Plan meet all approval criteria as identified in Oregon Statewide Land Use Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 11 (Public Facilities and Services);Metro Urban Growth Management Functional Plan,Title 8:Compliance Procedures;Tigard Comprehensive Plan Goals 1,2,and 11;and Tigard Development Code Chapters 18.710 and 18.790.This standard is met. SECTION V. OTHER AGENCY COMMENTS DLCD was sent a copy of this proposal on September 16,2019,and had no objections. Metro was sent a copy of this proposal on September 16, 2019. As of November 5, 2019, no comments were received from this agency. The Tigard City Attorney,Engineering Division, and Public Works Department were sent copies of this proposal, and had no objections. SECTION VI. PUBLIC COMMENTS City staff published public hearing notices in The Tigard Times, and on the City's website. City staff also mailed public hearing notices to individuals on the citywide interested parties list, and to the neighboring jurisdictions of the City of Beaverton,City of Durham,King City, City of Lake Oswego,City of Tualatin,and Washington County. As of November 5, 2019, only one (1) public comment was received from Mr. Thomas Bishop, a Tigard property owner. On September 18, 2019, Mr. Bishop requested more information regarding this proposal. City staff responded with the requested information on September 19,2019. PUBLIC FACILITY PLAN PAGE 7 OF 8 CPA2019-(8)012 SECTION VII. CONCLUSION The proposed updates to the Tigard Public Facility Plan and Public Facilities and Services chapter of the Tigard Comprehensive Plan meet all approval criteria as identified in Oregon Statewide Land Use Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 11 (Public Facilities and Services); Metro Urban Growth Management Functional Plan, Title 8: Compliance Procedures; Tigard Comprehensive Plan Goals 1, 2, and 11; and Tigard Development Code Chapters 18.710 and 18.790. Therefore, Planning Commission recommends approval of this application to City Council. 111101' ��/ October 22,2019 PREPARED BY: Lina Smith Assistant Planner October 22,2019 - APPROVED BY: Tom McGuire DA'Z'E Assistant Community Development Director Attachments: Attachment 1: Approved Tigard Periodic Review Work Program Attachment 2: City of Tigard Planning Commission,Draft Minutes dated October 21,2019 PUBLIC FACILITY PLAN PAGE 8 OF 8 CPA2019-00002