CPA2008-00002 Decision - CITY OF TIGARD 120 DAYS = N/A
DATE MAILED: 6/10/2008
CITY OF TIGARD , TIGARD .
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE CITY COUNCIL
Case Number: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008 -00002
Case Name: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS,
POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO
STATEWIDE PLANNING GOAL 2: LAND USE PLANNING
Applicant's Name /Address: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223
Owner's Names /Addresses: N/A
Address of Property: Citywide
Tax Map /Lot Nos.: N/A
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A
REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT (ORDINANCE NO. 08 -08).
THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE
APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE
PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION
Du'SCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A
,IC HEARING TO RECEIVE TESTIMONY ON April 7, 2007, continued to April 21, 2008 FOR THE
1 _ _.POSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY
COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE 'TESTIMONY ON June 3, 2008 PRIOR TO
MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS,
FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Subject: > An amendment to the current Comprehensive Plan updating the goals, policies and recommended action
measures to reflect current community conditions and values pertaining to Tigard's Urban Forest. AT THE
6/3/08 CITY COUNCIL PUBLIC HEARING, THE COUNCIL UNANIMOUSLY APPROVED THIS
REQUEST (Ordinance No. 2008 -08).
ZONES: All Zones APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380
and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities
and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning
Goals 1, 2, 5, 6, and 11.
Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
® Affected Government Agencies ® Interested Parties
Final Decision:
THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON JULY 2, 2008.
TI opted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning.
D. n, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon.
Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of
Appeals (LUBA) within 21 days according to their procedures.
Questions: Call the City of Tigard Planning Division or the City Recorder at (503) 639 -4171.
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 08- CD2
AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA2008 -00002
TO ADD GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING
TO STATEWIDE PLANNING GOAL 2: TIGARD'S URBAN FOREST f s A rn nI
WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard
Comprehensive Plan, including a process for garnering citizen input; and
WHEREAS, the Tigard visioning reports, community surveys, Tigard Tree Board meetings, and policy
interest team meetings were utilized to develop draft language for the update of the Tigard
Comprehensive Plan; and
WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapter by
updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning
Goal 2; and
WHEREAS, the Tigard Planning Commission held a public meeting on April 21, 2008, and
recommended approval of the proposed CPA2008 -00002 by motion and with unanimous vote; and
WHEREAS, on May 6, 2008, the Tigard City Council held a public hearing to consider the
:ommission's recommendation on CPA2008- 00002, hear public testimony, and apply applicable
decision - making criteria; and
WHEREAS, on June 3, 2008, the Tigard City Council adopted CPA2008 -00002 by motion, as
amended pursuant to the public hearing and its deliberations; and
WHEREAS, Council's decision to adopt CPA2008 -00002 is based on the findings and conclusions
found in the City of Tigard staff report dated April 7, 2008 and the associated record, which are
incorporated herein by reference and are contained in land -use file CPA2008- 00002.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing
text as shown in "EXHIBIT A "; and
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By Una- l l vote of all Council members present after being read by
number and title only, this r` day of iytme____ , 2008.
ORDINANCE No. 08- CO
Page 1
Catherine Wheatley, City Recorder
rd-
APPROVED: By Tigard City Council this 3 � day of A , 2008.
Craig D irksen, Mayor
Approved as to form:
City Attorne
Certified to be a true copy of the original document
on fale:at Ca of Tigard City Hal/ mg
Date: Co. ( O
•T I GARD
ORDINANCE No. 08- Q
Page 2
o EXHIBIT A
LAND USE PLANNING
Section 2: Tigard's Urban Forest
A defining community feature of Tigard is its trees and the urban forest they
create. Unlike natural forests or managed timberland, Tigard's urban forest is a
mosaic of native forest remnants and planted landscape elements interspersed
with buildings, roads and other elements of the urban environment. The
protection, management, and enhancement of this resource is important not
only for Tigard's aesthetic identify and sense of place, but for the social, ecolog-
ical, and economic services it provides to the community.
Trees and other types of vegetation are integral to the quality of Tigard's
aesthetic, economic, and natural environments. Plants provide variation in color,
texture, line and form that softens the hard geometry of the built environment.
They also enhance the public and private realm through the provision of shade
from the sun and wind, providing habitat for birds and wildlife, enhancing
community attractiveness and investment, improving water quality and soil
stability, and promoting human health and well- being.
Tigard's trees and native plant communities have experienced significant disrup-
tion and displacement, first by agriculture and logging in the 19th century; and
by increasingly dense urban development in the 20th Century. Competition from
introduced invasive species such as English ivy, reed canary grass, and Himalayan
blackberries has made it difficult for remaining native plant communities to
thrive. However, remnant stands of native tree and associated plant commu-
nities still remain within the City Limits. Trees are important members and
contributors to natural resource systems including upland habitat areas and plant
communities, and functioning riparian corridors including the Tualatin River,
Fanno Creek and its tributaries, and their adjacent flood plains and wetlands.
In addition -to remnants of the native forest, Tigard possesses a large number of
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LAND USE PLANNING
mature and outstanding specimens of native and non - native trees planted when
the area was rural country -side in the late 19th and early 20th centuries. Aerial
photos demonstrate that increasingly more trees were planted on both public •
and private property during a period of large lot residential subdivision develop-
ment from the late 1940's through the 1970's, many of which survive to this day.
Community attitude surveys reveal that Tigard Citizens place high value on the
protection of trees and are concerned about the impact of development upon
existing tree resources. Community surveys conducted in 2004 and 2006 show
that residents value their neighborhood as a suburban retreat, a place that allows
for views of trees and other natural areas. The 2006 Community Attitudes
Survey found "the protection of trees and natural resource areas" as rating
the highest of all "livability" characteristics posed to the respondents, scoring
8.4 out of 10 points. Preservation of trees and other natural resources scored
higher on resident's livability index than neighborhood traffic (8.2), maintaining
existing lot sizes (7.8), pedestrian and hike paths (7.7), and compatibility between
existing and new development (7.6). A follow -up question contained in the
2007 survey revealed that 84°-0 of Tigard Residents supported regulations to
protect existing trees, with only 6% strongly disagreeing and 9% somewhat
disagreeing. In addition, 90% of Tigard residents thought the City should take
the lead in preserving open space. These values are also shared by residents of
adjoining jurisdictions who maintain, or have begun significant updates to, their
tree protection ordinances.
The City of Tigard has been a Tree City, USA since 2001 because of aggres-
sive programs to plant trees on public property. In partnership with Clean
Water Services, the City of Tigard is in the early stages of a series of stream
restoration and enhancement projects intended to improve water quality, reduce
erosion, and provide shade, structure and food sources to fish and other wildlife.
Projects currently underway within the City's floodplains and riparian areas will
result in the planting of approximately 100,000 native trees over a 10 year period
(Fiscal Years 2001- 2011). Through volunteer projects, cooperative efforts with
non - profits, contract services, and the labor. of Public Works crews, thousands
of young trees are annually planted on public property.
Not including restoration projects, the City's Public Works Department annually
plants approximately 250 new or replacement trees on public lands, distributes
approximately 50 street trees each year to private property owners through the
• Street Tree Program, and plants an addition 25 trees in celebration of arbor day.
Comprehensive Plan City of Tigard 2 -11
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LAND USE PLANNING
Native species are given preference and are regularly planted along trails, riparian
areas, and in new park and green space areas. The objective is to increase the
total number of trees, particularly in areas where summer shade is desired such
as picnic areas and next to sidewalks. Money is budgeted each year to maintain
new trees being established and to remove hazard trees located on public
property. As more public property is added and trees grow older, the number
of hazard trees pruned or removed each year will continue to grow. The level
of new tree planting is limited by the maintenance capacity of City work crews.
Conditions and circumstances have significantly changed since the adoption of
Tigard's Comprehensive Plan in 1983. Rapid urban development has resulted
in a general perception that the City has experienced a significant loss of tree
canopy, and other vegetation essential for wildlife habitat, erosion control,
slope stability, water quality, air - quality =, and community aesthetics. Driving
this perception are METRO land use regulations, failed annexation efforts and
changing market conditions resulting in higher density development than was
anticipated in 1983, further challenging the City to protect trees and canopy
cover while accommodating new development. Additionally, the City does not
currently have a comprehensive tree management and urban forest enhancement
program to address these issues in a unified and consistent manner. As a result
there is general feeling among residents, developers, and other stakeholders that
the existing regulatory structure is not adequate and hinders both the strategic
protection of trees and the orderly urbanization of the City.
The City has historically relied upon its Development Code to manage and
protect trees on private property, particularly heritage trees and those located
within steep slopes, wetlands, and other sensitive lands. Existing regulations
require new development to protect and /or replace existing trees wherever
possible, to pay into a mitigation fund when trees are removed, and to plant new
street trees and landscape trees as part of all new construction. In addition,
trees within vegetated corridors surrounding wetlands, riparian corridors, and
other natural bodies of water are also protected by Clean Water Services as part
of their stormwater management program. These regulatory structures do not
recognize or protect existing trees outside of those areas, and offer little protec-
tion unless a development action is pending, or prior conditions of develop-
ment approval designated the affected tree(s) for future protection. As a result,
the existing regulatory structure does not encompass a significant number of
trees across the city, which may be removed by the property owner without City
consultation or permit. Additionally, because the City does not have a compre-
2-12 City of Tigard I Comprehensive Plan
•
LAND USE PLANNING ® R
pensive tree removal consultation or permit system, protected trees (such as
street trees) have been removed despite existing regulations or restrictions in
force.
KEY FINDINGS:
• A defining community feature is Tigard's urban forest, a mosaic of native
forest remnants and planted landscape elements interspersed throughout the
City.
• This urban forest provides social, economic, and ecological services that
create public and private value to residents, businesses, and visitors.
• Mature and well- managed trees provide the maximum public benefits.
• The City continues to allocate staff and resources to tree planting, tree main-
tenance, and outreach activities. Additionally; new development is required
to install street trees, landscape trees, and trees for mitigation purposes.
• The existing urban forest continues to experience significant disruption and
displacement through the conversion of land to more intense urban land
uses and competition from invasive species.
• Existing tree regulations are dispersed throughout the code; applied by
multiple divisions in a non - unified and inconsistent manner; and sometimes
conflicting between different code sections.
• The City does not presently have a comprehensive and unified process to
monitor tree removal and enforce existing tree protections outside of devel-
opment permit review. Furthermore, landowners are not always aware of
regulatory protections applicable to their property or street trees adjacent to
their property.
• Community attitude surveys reveal that Tigard residents place•high value on
the protection of trees within the community, that they are concerned about
the impact of development upon existing tree resources, and are strongly in
favor of a regulatory structure that would protect additional trees.
GOAL:
2 To enlarge, improve and sustain a diverse urban forest to maximize the
economic, ecological, and social benefits of trees.
• POLICIES:
1. The City shall maintain and periodically update policies, regulations
and standards to inventory, manage, preserve, mitigate the loss of and
Comprehensive Plan I City of Tigard 2 -13
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enhance the community's tree and vegetation resources to promote their
environmental, aesthetic and economic benefits.
2. The City's various codes, regulations, standards and programs relating
to landscaping, site development, mitigation, and tree management
shall be consistent with, and supportive of, one another; administration
and enforcement shall be regulated and coordinated by the variously
impacted departments.
3. The City shall continue to regulate the removal of trees, within environ-
mentally sensitive lands and on lands subject to natural hazards.
4. The City shall ensure that street design and land use standards provide
ample room for the planting of trees and other vegetation, including the
use of flexible and incentive based development standards.
5. The City shall require the replacement and /or installation of new street
trees, unless demonstrated infeasible, on all new roads or road enhance-
ment projects. Trees should be planted within planter strips, or at the
back of sidewalks if planter strips are not feasible or would prohibit the
preservation of existing trees.
6. The City shall establish and enforce regulations to protect the public's
investment in trees and vegetation located in parks, within right -of -ways,
and on other public lands and easements.
7. The City shall conduct an ongoing tree and urban forest enhancement
program to improve the aesthetic experience, environmental quality, and
economic value of Tigard's streets and neighborhoods.
8. The City shall continue to maintain and periodically update approved
tree lists for specific applications and site conditions, such as street trees,
parking lot trees, and trees for wetland and riparian areas.
9. The City shall discourage the use or retention of invasive trees and other
plants through the development review process.
10. The City shall require the appropriate use of trees and other vegetation
as buffering and screening between incompatible uses.
11. The City shall develop and implement a citywide Urban Forestry
2 -14 City of Tigard Comprehensive Plan
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ill LAND USE PLANNING
Management Master Plan.
RECOMMENDED ACTION MEA- SURES:
i. Develop and implement a comprehensive, coordinated update and
enhancement of all tree related regulations, standards, programs, and
plans.
ii. Develop and implement an inspection and enforcement program
that will ensure ongoing maintenance of trees and other vegeta-
tion required by development approval, with particular attention
to challenges introduced by the change of ownership of affected
properties.
iii. Develop and implement an inspection and enforcement program
that will ensure non - development related tree management and
removal complies with the City's tree protection ordinances such as
heritage trees, street trees, and trees on sensitive lands.
iv. Inventory and evaluate street tree, parking lot and landscape area
plantings that have failed to thrive, and determine if site conditions
or management practices can be modified, and /or if trees can be
planted elsewhere in order to satisfy conditions of development
approval or provide the benefits expected of the original planting.
v Develop and maintain, as part of the City's GIS and permit systems,
a publicly accessible inventory of tree plantings, permitted removals,
and the state of the City's urban forest.
vi. Develop and distribute educational materials and programs regarding
City policies, regulations, and good arboricultural practices for the
general public, developers and city staff regarding tree planting,
maintenance, and protection. Materials should be published in both
paper and electronic media and in multiple languages. Particular
focus should be given to new property owners who may be unfa-
miliar with the City's regulations and development related restrictions
affecting their property.
vii. Encourage and promote the removal of nuisance /invasive plants,
Comprehensive Plan I City of Tigard 2 -15
4 1 LAND USE PLANNING
and the installation of trees and vegetation that are low maintenance,
drought tolerant, site appropriate, and require minimal chemical
applications. Strategies could include the production and distribu-
tion of approved tree lists to area nurseries, landscaping companies,
libraries and similar businesses and public resources.
viii. Utilize approved tree and plant lists that emphasize long lived
evergreens, broad - spreading deciduous varieties, and native species,
but allow flexibility to choose a wide variety of species that are
proven suitable for local climate conditions and for specific uses and
locations.
ix. Encourage efforts by community groups and neighborhoods to
plant trees and undertake other projects, such as restoration of
wetlands and stream corridors.
x. Maintain a list of invasive plants, discourage the sale and propaga-
tion of these plant materials within the City, promote their removal,
and prevent their reestablishment or expansion.
GOAL:
2.3 To balance the diverse and changing needs of the City through well -
designed urban development that minimizes the loss of existing trees to
create a living legacy for future generations.
POLICIES:
1. The City shall develop and implement standards and procedures
designed to minimize the reduction of existing tree cover, with priority
given to native trees and non -native varietals that are long lived and /or
provide a broad canopy spread.
2. In prescribing the mitigation of the impacts of development, the City
shall give priority to the protection of existing trees, taking into consid-
eration the related financial impact of mitigation.
3. The City shall develop policies and procedures designed to protect
trees, including root systems, selected for preservation during land
2 -16 City of Tigard Comprehensive Plan
•
LAND USE PLANNING
development.
4. The City shall address public safety concerns by ensuring ways to
prevent and resolve verified tree related hazards in a timely manner.
5. The City shall develop and enforce site design and landscape require-
ments to reduce the aesthetic and environmental impacts of impervious
surfaces through the use of trees and other.vegetation.
•
6. The City shall, in order to preserve existing trees and ensure new trees
will thrive, allow and encourage flexibility in site design through all
aspects of development review
7. The City shall require all development, including City projects, to prepare
and implement a tree preservation and landscaping plan, with the chosen
trees and other plant materials appropriate for site conditions.
8. The Cite shall continue to cooperate with property owners, businesses,
other jurisdictions, agencies, utilities, and non - governmental entities to
manage and preserve street trees, wetlands, stream corridors, riparian
•
areas, tree groves, specimen and heritage trees, and other vegetation.
9. The City shall require, as appropriate, tree preservation strategies that
prioritize the retention of trees in cohesive and viable stands and groves
instead of isolated specimens.
10. Applications for tree removal and tree management plans shall be
reviewed by a certified arborist employed or under contract to the City.
•
11. The City shall recognize the rights of individuals to manage their resi-
dential landscapes.
RECOMMENDED ACTION MEASURES:
i. Develop and implement regulations, standards, and incentives to
encourage developers to transfer density, seek variances and adjust-
ments necessary to preserve trees and natural open space in a
manner that optimizes tree preservation and protection.
Comprehensive Plan City of Tigard 2 -17
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ii. Develop tree - mitigation regulations and standards to guide the City
in assessing fees or compelling compensatory action resulting from
violation of its tree protection standards and /or conditions of devel-
opment approval. Consideration shall be given to off -site mitigation
on both public and private lands, and the maintenance of a publicly
accessible registry of mitigation sites both historical and potential.
iii. Conduct surveys, workshops, and /or other public outreach strategies
to identify and implement an appropriate strategy and form for tree
protection regulations outside of the development review process.
iv. Encourage other jurisdictions operating within and adjacent to
Tigard to prepare and implement a tree preservation and landscaping
plan as part of all development and infrastructure projects.
v. Develop standards and procedures to identify and abate tree related
hazards on both public and private property..
2 -18 City- of Tigard I Comprehensive Plan