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CPA2004-00002 4j ` , s 0 it, `\1/ re on Department of Land Conservation and Development cn t*,'',� z 635 Capitol Street NE,Suite 150 .• � �' / Salem, Oregon 97301-2540 5 g Theodore it Kulongoski,Governor Phone: (503)373-0050 Main/Coastal Fax: (503)378-6033 Director's/Rural Fax: (503)378-5518 TGM/Urban Fax: (503)378-2687 Web Address:http://www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT IIIM September 7, 2004 ," TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments • FROM: Larry French, Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 001-04 The Department of Land Conservation and Development(DLCD) received the attached notice of adoption. A copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. - Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: September 21, 2004 This amendment was submitted to DLCD for review 45 days prior to adoption. ,Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). ' If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Gloria Gardiner, DLCD Urban planning Specialist Meg Fernekees, DLCD Regional Representative Duane Roberts. City of Tigard Planning Department <paa> ya/ [ Form 2 DLCD NOTICE OF ADOPTION DEPT OF This form must be mailed to DLCD within 5 working days after the final decision se) 01 2004 per ORS 197.610 and OAR Chapter 660-Division 18 SERVANT ND(See reverse side for submittal requirements) popDEveLOr Jurisdiction: City of Tigard Local File No.:CPA2004-00002 (If no number,use none) Date of Adoption: August 24, 2004 Date Mailed: August 31, 2004 (Must be filled in) (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: May 25, 2004 (55 days) X Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." Amend Chapter 6 (Housing) of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 (Affordable Housing) compliance. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." The adopted amendment includes the following addition: 6.1.11 "The City shall encourage maintenance of a sufficient regional residential land supply." Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 2 and 10. Was an Exception adopted? Yes: _ No: X DLCD File No.: OD /-°q�)'<3665r, Form2 • Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: If no, do the Statewide Planning Goals apply? Yes: _ No: If no, did The Emergency Circumstances Require immediate adoption? Yes: No: Affected State or Federal Agencies, Local Governments or Special Districts: Metro, DLCD Local Contact: Duane Roberts Area Code+ Phone Number: 503-718-2444 Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660-Division 18 1. Send this.Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes,Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.French@.state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST. • • Attachment 1 CITY OF TIGARD, OREGON ORDINANCE.NO. 04-4 AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME H OF THE TIGARD COMPREHENSIVE PLAN. WHEREAS, the City of Tigard finds it necessary to revise Chapter 6 of the Tigard Comprehensive Plan Findings,Policies and Implementation Strategies, Volume II; and WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 2004, regarding amendments to the housing chapter; and WHEREAS, these amendments are those included in Comprehensive Plan Amendment (CPA) 2004- 00002;and WHEREAS,the proposed amendments are designed to promote the dispersal and facilitate the maintenance of affordable housing within the community; and WHEREAS, the amendments reflect pre-existing actions taken by the City in recent years that have not, as yet,been incorporated into the Comprehensive Plan; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council approval of the proposed amendments shown in Exhibit"A"; and WHEREAS,the City Council held a pubic hearing on August 24, 2004, to consider the amendments, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit"B"). SECTION 2: The specific text amendments attached to the Ordinance are hereby adopted and approved by the City Council. SECTION: 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/ a/liodit ' vote of all Council m tubers present after being read by number and title only,this i'day of n a ,2004. MfL e9Z411} e McGarvin,Deputy City Recorder ORDINANCE No. 04- j Page 1 " • • • APPROVED: By Tigard City Council this 711day of kPl 0-44--- , 2004. ,::..(L r. Craig D. en,Mayor Approved as to form: -mat NIL - 11Ii Attorney Date ORDINANCE No. 04-0 Page 2 • 1► Bold addition Cressout deletion Tigard Comprehensive Plan Findings, Policies& Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. • • • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to • disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: • • a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; c. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, private non-profit housing corporations, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 11. The City shall encourage maintenance of a sufficient regional residential land supply. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. • POLICY 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded. by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL_STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULATIONS.ORDNAN CE IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to and site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage private prope rt� ners to comply • Y w p y with all nuisance and structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. 46 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. i/trpn/dr/6 • EXHIBIT "B" Agenda Item: Hearin' Date: STAFF REPORT TO THE PLANNING COMMISSION • FOR THE CITY OF TIGARD, OREGON SECTION I: APPLICATION SUMMARY FILE NAME: AFFORDABLE HOUSING CODE AMENDMENT FILE NO. Comprehensive Plan Amendment (CPA) CPA2004-00002 PROPOSAL: The City of Tigard proposes to amend Chapter 6, Housing, Volume II of the Tigard Comprehensive Plan to facilitate the provision of affordable housing within the community. APPLICANT: City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 OMPREHENSIVE PLAN DESIGNATION: N/A ZONING DESIGNATION: N/A LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 10; Metro Urban Growth Management Plan Titles 1, 7, and 8; Comprehensive Plan Policies 1, 2, 6, and 12; and Community Development Code Chapters 18.380 and 18.390 SECTION II: STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance amendments according to the findings found in Section IV of this report. • s . SECTION III: BACKGROUND INFORMATION In 2001, Metro adopted Title 7, "Housing and Affordable Housing", as an amendment to the Urban Growth Management Functional Plan. This title requires local jurisdictions to adopt comprehensive plan amendments aimed at encouraging the provision of affordable,housing and to consider a variety of techniques to meet regional and local affordable housing needs. Metro Code Section 3.07.730.A.2 of Title 7, states that: A. Cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: 2. Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. The City proposes to amendment Chapter 6 of the Tigard Comprehensive Plan: Findings, Policies & Implementation Strategies, Volume II, to add implementing measures designed to address affordable housing stock maintenance and affordable housing dispersal. These amendments respond to a Metro evaluation of Tigard's Title 7 compliance contained in the Updated Metro Evaluation of Local Government Title 7(Affordable Housing) Compliance Reports, dated December 18, 2003. This evaluation lists as an "Outstanding Item"the need for new City comprehensive plan policies and implementation measures that carry out Metro Code Section 3.07.730.A.2 quoted above. A copy of the City's proposed Comprehensive Plan amendments is attached. Proposed additions are highlighted in bold. Proposed deletions are indicated by strikeouts. All of the implementation measures proposed as additions are pre- existing actions taken by the City. An exception is the housing subsidy program guideline giving special consideration to projects that facilitate the dispersal of affordable housing within the City. The amendments promote affordable housing dispersal by explicitly recognizing the state statue requiring local jurisdictions to allow manufactured homes in all residential zoning districts; by requiring the City to maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the provision of new Authority-owned affordable housing at dispersed sites within the community; and by requiring the City to establish a fee subsidy program for affordable housing development that includes guidelines giving preferential treatment to projects that facilitate the dispersal of affordable housing within the City. The amendments promote the maintenance of existing housing stock by requiring the City to develop a Residential Property Maintenance Code and assign a Housing • • Inspector to administer it and by requiring the City to encourage residents to utilize the various low interest loan and grant home repair .programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. Some of the means of "encouraging" include informational fliers, and City webpage, newsletter, and cable program announcements that provide program details and contact information. In conclusion, in order to complete Title 7 compliance, Tigard proposes to adopt conforming amendments to its Comprehensive Plan that provide for the maintenance of existing affordable housing stock and that encourage the dispersal of new affordable housing within the community. These required amendments are the subject of this application. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 10; Urban Growth Management Plan 1, 7, and 8; Tigard Comprehensive Plan Policies 1, 2, 6, and 12; and Community Development Chapters 380 and 390. Three Statewide Planning Goals need to be considered with regard to this request: Goal # 1: Develop a citizen involvement program that ensures the opportunity for citizens to get involved in all aspects ofthe planning process. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal will be met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice will be published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be received. Additionally, prior to the submittal of the Land Use Application containing the proposed amendments, the amendments were considered at Planning Commission workshop meetings held on April 19 and 26,2004. On May 20, 2004, the Tigard Committee for Citizen Involvement considered the amendments and made suggestions for publicizing them. In June, the text of the amendments and a summary of their contents were posted in the City of Tigard webpage. • • : . ' Goal # 2: Establish a land use planning process and policy framework as the basis of all land use decisions and actions, and ensure an adequate factual data base to substantiate those decisions and actions. This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. The established process with regard to the process and policy framework has been followed with respect to the housing- related amendments under discussion. Goal # 10: Provide adequate housing for the needs of residents of the community, State, and visitors. The Tigard Comprehensive Plan has been acknowledged as meeting this statewide goal. The proposed amendments carry out the intent of the goal with respect to facilitating affordable housing. The amendments particularly address OAR 660- 015-0000(10), B.2.(b), which states that plans should take into account the effects of utilizing financial incentives and resources to bring into compliance with codes adopted to assure safe and sanitary housing the dwellings of individuals who cannot on their own afford to meet such codes. The amendments do this by requiring the City to encourage residents to utilize the various low interest loan and grant repair programs offered by the Washington County Office of Community Development. Seven Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider housing and employment targets established for Tigard. The provisions required in this title are included in the Tigard Comprehensive Plan. Effective measures have been taken to reasonably assure that the calculated capacities will be built for dwelling units and jobs. As described below, the present amendments are intended to address the additional requirements of Title 7 (Affordable Housing) of the Metro functional plan. Adoption of the proposed amendments will not affect or interfere with the achievement of housing targets. The amendments are intended to encourage the dispersion of affordable housing throughout the community and to support the maintenance of the community's existing housing stock. • • Title 7: Regional policy designed to ensure efficient use of land, adequate land for residential development, and affordable housing strategies and production goal for meeting the housing needs of this region. Title 7 is the subject of the present application. The Title recommends changes to City and County policies related to affordable housing promotion. It also establishes mandatory requirements that local governments must undertake as part of Metro's regional planning effort. The amendments proposed by the City are designed to meet Title 7 requirements related to affordable housing dispersal and maintenance. These have been identified as "outstanding items" in a Metro report evaluating Tigard's Title 7 compliance. Title 8: Compliance with the Urban Growth Management Plan. According to Metro regulation 7.07.810.G, an amendment to a City Comprehensive Plan shall be deemed to comply with the Urban Growth Management Plan if the local jurisdiction provided notice to the Metro Chief Operative Officer. On 5/26/04 the City provided notice of the amendments to the designated Metro authorities by certified mail. Therefore this goal is met. Three City of Tigard Comprehensive Plan Policies need to be considered with regard to this request: TCP Policy 1 1.1: The City shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission and the Regional Plan adopted by the Metropolitan Service District. This policy is satisfied because the proposed Comprehensive Plan policy changes are consistent with the Statewide Planning Goals as indicated above, and the changes help to keep the plan current with local needs and recent administrative, rule changes. In particular, the changes implement Title 7 of the Metro Framework Plan. Comments received from LCDC staff (included in the Agency Comment section of this report) provide evidence that the proposed changes are consistent with the Statewide Planning Goals. TCP Policy 2.1.1: The City shall maintain an ongoing citizen. involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The proposed amendments were discussed at Planning Commission workshops held on April 19 and 26, 2004. The Citizen Involvement Team Facilitators, who serve as Tigard's official committee for Citizen Involvement (Policy 2.1.2.c), on May 20, 2004, discussed the amendments and suggested opportunities for public involvement related to their consideration. As recommended by the committee, the amendments have been posted on the official City webpage along with an explanation of the changes and their significance. In addition, two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be welcome. TCP Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad . cross-section of the community. b. Where appropriate, other involvement techniques will be used. As discussed above, Citizen Involvement Team Facilitators serve as the primary means for citizen involvement in land use planning. An amendment public information process appropriate the proposed code changes was discussed at a regular CCI meeting. The amendments and an explanation of their significance were posted on the City webpage. As also mentioned above, the amendments were discussed at two Planning Commission workshop meetings open to the public. In addition, two formal Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be received. Therefore, this policy is satisfied. • TCP Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. This policy was addressed previously in this report. Additionally, the Tigard Development Code notice requirements have been met. Notice was mailed to various public and private agencies and notice was published in the Tigard Times prior to the Planning Commission and Council public hearings. An opportunity for public testimony will be provided at both hearings. The notices and informal outreach efforts have included the provision of information in an understandable form. TCP Policy 6.1 .1: The City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The proposal amends 6.1.1 to include additional strategies to support affordable housing dispersal. The changes are consistent with the finding that "Undue concentrations of public assisted or subsidized housing serves to isolate the • • recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself." TCP Policy 6.5.1: The City. shall require that all housing units be: b. Maintained in a manner which does not violate the City's nuisance ordinance. The amendments contain provisions intended to enhance the maintenance of the City's existing housing stock. Specifically, implementation measure number 3, under 6.5.1 provides that in order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a housing inspector to administer it. The proposed Maintenance Code supplements and does not lessen the requirements of the existing nuisance ordinance. TCP Policy 12:1.1: The City shall provide for housing densities in accordance with: a. . Applicable plan policies; b. Applicable location criteria; and c. Applicable Community Development Code provisions. The present amendments do not propose to amend existing plan policies, 'location criteria, or code provisions related to density. SECTION V: OTHER STAFF COMMENTS The Community Development, Engineering, Police, and Public Works • Departments have reviewed this application and offered no comments or objections. SECTION VI AGENCY COMMENTS Metro has reviewed this application and offered no comments or objections. The Department of Land Conservation and Development has reviewed this proposal and offered the following comments: "I received your notice of proposed amendment for changes to the Comprehensive Plan regarding Title 7 requirements. DLCD appreciates the opportunity to comment. We support the City's efforts in proposing policy changes to support the goal of maintaining and increasing the supply of the affordable housing that meets the • Metro Housing Rule. The City's Affordable Housing Program is exemplary in its approach to addressing the need and Tigard should be commended. Since Title 7 is voluntary in nature the following comments are advisory, but should be included in the record. The proposed changes would allow manufactured housing units in all residential zones, which is consistent with ORS 197.303 for "needed housing." ORS 197.307 allows the City to adopt approval and placement standards for certain residential development, including manufactured dwellings. The proposed changes do not violate this statute, but a review of your zoning codes may be appropriate to ensure compliance with "clear and objective" criteria. The other proposed. policy amendments support Title 7 and are common sense approaches to coordinate efforts among numerous jurisdictions working on the same issue.. In addition to the housing authority, I would encourage the City to work with community development corporations and private non-profit providers, such as Habitat for Humanity, and list private non-profits by policy. (Policy 6.1.1, Strategy 7). According to the most recent Title 7 compliance report from Metro, the following items are outstanding: (1) Ensuring that the City's comprehensive plan and implementing ordinances include measures to maintain the City's existing supply of affordable housing and increase the . dispersion of affordable housing. 2) Consideration of the amendment of comprehensive plan and implementing ordinance amendments to include density bonus and the transfer of development rights in Metro Code 3.07.730.B. 3) Encouraged consideration of the amendment of comprehensive plan and implementing ordinance amendments to include the implementation of replacement housing and inclusionary housing in urban renewal areas as outlined in Metro Code Section 3.07.760. It's my understanding that Tigard has considered the first two but found them unworkable due to staff constraints and a lack of inventory to determine the need. An inventory of this nature would offer an ideal service learning opportunity to graduate students at the UO and PSU planning schools. A project manager would still be needed, but the majority of the leg work could be done for little cost. The city might want to explore this possibility. With regard to the last item, the upcoming Downtown Improvement Plan is a great opportunity to discuss the merits of adding housing, including affordable units, as a strategy to revitalizing the town center. Obviously, the key is finding the best mechanism to fund a downtown program and identify appropriate sites. I would hope the city includes this topic in its list of alternative uses and viable options to spur new development in the downtown. If you have any questions about these comments, please feel free to contact me. Thanks for the opportunity to comment and let us know how we can assist you in the future." • • RESPONSE: As suggested by DLCD, the Current Planning Manager has agreed to undertake a review of the Tigard Community Development Code to ensure its compliance with State "clear and objective" criteria. We concur that private-non-profit housing corporations are important providers of affordable housing and should be recognized as such in the Comprehensive Plan. Two such corporations, the Tigard-based Community Partners for Affordable Housing and the Tualatin Valley Housing Partners, currently own and manage a combined 262 units of affordable housing within and adjacent to the City. We propose amending 6.1.1, Strategy 7 to include a reference to the contribution of the non-profits. With regard to the Metro evaluation of the City of Tigard's Title 7 compliance, the City officially has concurred with the listing of item 1 as "outstanding". This item refers to the need to adopt Comprehensive Plan and implementing ordinances to maintain the existing supply and increase the dispersal of affordable housing. The present amendments are intended to address this deficiency. The City has questioned Metro's inclusion of Items 2 and 3 as "outstanding Items" and some months ago submitted evidence that it has met each. Metro has not responded to this submittal as yet. We concur that the development of the Downtown Improvement Plan provides an opportunity to discuss the merits of including housing, including additional affordable housing to the mix of downtown uses. Although not explicitly spelled out in the project work scope, the downtown planning effort will include consideration of opportunities and strategies for affordable housing development. As part of its approach to this topic, the City made an effort to recruit one or two affordable housing residents to serve on the Downtown Task Force. PREPARED BY: Duane Roberts DATE: 7/8/04 Associate Planner APPROVED BY: Barbara Shields DATE: 7/8/04 Long Range Planning Manager L1CURPLMPATTWPA-RPTDOT Duane Roberts- Re: Comp Plan Am. .ant for Affordable Housing . Page 1 From: Duane Roberts To: John Frewing Date: 7/15/04 2:55PM Subject: Re: Comp Plan Amendment for Affordable Housing Mr. Frewing, The background for the amendments goes back to 2002 when one of the Council goats was to"consider ways to support the provision of affordable housing". After a series of workshop meetings focused on a range of potential tools and strategies, Council adopted the Affordable Housing Program as"a complete and official statement of the City's overall affordable housing program". I attached the e-version of this report to my previous email_ Significantly, Community Partners for Affordable Housing, the Tigard-based non-profit housing corporation,was a major participant in these policy discussions. CPAH staff shared their frontline, on-the-ground knowledge of obstacles to affordable housing development and were a valuable resource to Council. • The CPA 2004-00002 amendments are narrowly focused and are intended to provide additional evidence of Metro Title 7 compliance, rather than revisit the Council-adopted affordable housing position paper. All of the new amendments reflect pre-exiting actions taken by the City and are refinements to the City's existing policies. The CPA is not intended to initiate or be part of a full-fledged policy review, because that took place two years ago. Planning Commission and Council can always decide later on to initiate an affordable housing policy discussion or consider adding new or revised housing promotion measures. The present staff-initiated amendments are more in the nature of housekeeping changes to the existing housing section of the comprehensive plan. We offer the following in response to your specific comments,which we view as good faith efforts to support affordable housing development in the community. A. A pre-application meeting was held on May 18th with Morgan Tracey. He left on vacation shortly thereafter and forgot to file the pre-application notes before leaving. A copy of the pre-application notes is attached. Because of their narrow purpose, the City did not seek comments on the amendments from Habitat for Humanity or other non-profits. However, we agree that Habitat for Humanity would be a useful contact with regard to future Housing-related issues. They are not on our present list of regular housing-related contacts. We will add Habitat for Humanity Willamette West, 7830 SW 40th Street; Portland 97219 to our mailing list. Please let us know if there is a more appropriate local office we should be include on the list. B. As indicated in my previous email, the Committee on Citizen Involvement was reactivation in May. A copy of the meeting minutes was attached to the email message. A copy of the committee's July 15th meeting agenda is attached to the present email for your information. C. The City land survey covers that Urban Planning Area. D. There is no prohibition on the number of manufactured homes in the development code. As required by State Statutes, they are treated the same as stick built houses. E. Some would question whether this would do anything to promote affordable housing, as opposed to limiting normal housing and increasing the prices of homes by limiting supply. F. Council considered affordable housing development fee subsidies as part of the Affordable Housing Program and decided on an appropriate level of support based on local conditions and resources. Council is free to consider and act on any suggested, including the suggestion outlined in your email,for. revising the amount upward or downward. G. Requiring low maintenance features may be too restricted. It could add another requirement on Dune Rotierts-Re: Comp Plan AmeniOnt for Affordable Housing -Page 2 affordable housing. H. Why should this be done to affordable housing only? This would cause affordable housing to meet a standard that would greatly increase costs. Existing residents have not provided enough park space to meet City level of service standards. Does this mean only the"newcomers" are required to fix this deficit? City maintenance of open space in each development would greatly increase City park maintenance costs. i/Irpinldr.affordable housing.cpa.response Duane Roberts City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503-639-4.171 ext 2444 >>>"John Frewing" <jfrewing @teleport.com>07/10/04 03:44PM >>> July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004-00002 regarding a comprehensive plan amendment to facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission in their recommendation to City Council and I would appreciate a brief reply that they indeed have been forwarded and included in the record: A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A_ These notes are important in order to determine what alternatives were considered and what input from interest groups may be influencing the city action. For example, has the city sought comments from Habitat for Humanity,who use volunteer labor for significant parts of affordable housing construction? They(their building coordinators)might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their • Duane Roberts-Re: Comp Plan Amerent for Affordable Housing ger Page 3 input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations, but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1, Strategy 1)requires an annual 'land survey'. I suggest this strategy be modified to require that this land survey include all the urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered,Tigard should have long record of constructive planning effort for the areas of interest,and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1,Strategy 4 to allow manufactured homes on any residential lot in the city,regardless of zone. I suggest this be changed to state that groups of manufactured homes (greater than 10) be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year)which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. E In order to assure development of affordable housing throughout the city, I suggest that a policy of the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant(defined to include all of Tigard's urban planning areas)is lacking its share of affordable housing (ie has only one affordable housing development,when other quadrants have 2),only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1%of the annual city budget and in the event that demand exceeds that amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees, traffic impact fees,etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments,landscaping requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels,Tigard should modify its Comp Plan to require that for affordable housing developments,adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. O Duane'Roberts-Re: Comp Plan Amencint for Affordable Housing • -Page 4 I Finally,it occurs to me that we need a good working definition of'affordable housing'. Is it the use of government subsidy, or is it rental value,or is it some tax status,or?? I happen to think that Metzger already has a good amount of affordable housing, not counted in any existing'system'of government accounting. Staff should provide a real-definition for inclusion in the proposed amendment. Sincerely, John Frewing • • • Attachment 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes DRAFT July 19, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Meads, and Munro Commissioners Absent: Commissioners Caffall, Haack, and Sutton Staff Present: Duane Roberts, Associate Planner; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS • The next meeting is scheduled for August 16th. • Eight Planning Commission applicants will be interviewed for the open and alternate positions. • The secretary has copies of the Government Standards & Practices training . • President Padgett wants to have a workshop on planned developments in September. • President Padgett reminded the Commissioners about the Bull Mountain Annexation hearing on July 27th. Commissioners may testify as individuals, not as representatives of the Planning Commission. • Discussion was held on meeting attendance. 4. APPROVE MEETING MINUTES It was moved and seconded to accept the June 21, 2004 meeting minutes as submitted. The motion passed by a vote of 4-0. Commissioner Buehner abstained. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 AFFORDABLE HOUSING CODE AMENDMENT REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8. PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 1 • • ' STAFF REPORT Associate Planner Duane Roberts presented the staff report on behalf of the City. He noted that these are housekeeping amendments to the Housing Chapter of the Comprehensive Plan — there are no new affordable housing policies or implementation measures proposed. The purpose of the amendments is to update the Housing Chapter of the Comp Plan and to demonstrate Metro Title 7 compliance. Roberts highlighted the proposed amendments and asked the Commission to make a recommendation of approval to Council. Commissioner. Buehner asked if these amendments might be changed with the upcoming Comprehensive Plan update. Roberts did not foresee any major, mandatory changes to the Housing Chapter with the Comp Plan update. Commissioner Meads asked about density bonuses. Roberts said that the Council considered density bonuses for affordable housing, but did not adopt the code. Commissioner Meads asked about items mentioned in a letter from John Frewing (Exhibit A). Roberts answered that he responded to the letter. He said Frewing was not aware of the existing adopted Affordable Housing Program. With regard to ensuring that affordable housing is dispersed, Roberts noted that we have an agreement.with Washington County about location of affordable housing. Discussion was held on manufactured housing. It was noted that we are bound by state laws regarding placement of manufactured houses. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved to recommend approval to Council of CPA 2004- 00002,.based on findings in the staff report and discussion held during the public hearing. Commissioner Bienerth seconded the motion. The motion passed unanimously. 6. GOAL 5 WORKSHOP Associate Planner Julia Hajduk handed out copies of a PowerPoint presentation (Exhibit B). She noted that the objective of Goal 5 is to improve the overall environmental health of the Tualatin River basin. She went over the presentation with the Commission, advising that we are now in step 3 of the action plan. Hajduk advised that it has not been decided who will determine the 50% of mitigation. The concept will be presented at the public hearing. After that time, the Basin Partners will work on the details. She also advised that mitigation standards PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 2 • • and ratios have not been defined as yet. She noted that Goal 5 regulations would be for habitat outside of Clean Water Services buffer areas. Hajduk said the current Development Code standards would have to be reviewed for any obstacles to new Goal 5 regulations. Discussion was held on the mitigation process and non-regulatory elements. Hajduk noted the open house and public hearing schedule. The coordinating committee will make its decision on August 16th. Commissioner Buehner asked about 2 particular parcels that are located in moderately and strictly limit areas. Hajduk drew out some possible ways the parcels could be developed. Hajduk advised that all property owners in a resource area were sent a notice about the Goal 5 process. 7. OTHER BUSINESS None 8. ADJOURNMENT The meeting adjourned at 8:20 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 3 • • Page 1 of 2 • Duane Roberts -Comp Plan Amendment for Affordable Housing From: "John Frewing" <jfrewing @teleport.corn> To: "Duane Roberts" <DUANE @ci.tigard.or.us> Date: 7/10/2004 3:39 PM Subject: Comp Plan Amendment for Affordable Housing CC: "Jim Hendryx" <jimh @ci.tigardor.us>; "Bill-:Monahan" <bill @ci:tigard.or.us>,"Mayor MAYOR" <MAYOR @ci,tigard:or:us>, "Alice Gaul'''` aeg@esgpro:coni>."L7sa FTairiiltmi Treick" <Lisa @HamiltonRealtyGroup.com>, "Sue Beilke" <sbeilke @europa.com>, "Brian Wegener" <brian @tualatinriverkeepers.org> July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004—00002 regarding a comprehensive plan amendment to • facilitate the provision of affordable housing within Tigard. You appear to be the staff person.carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission:in their recommendation to City. Council and.I would appreciate a brief reply that they indeed have been forwarded and included in the.record: A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A. These notes are important in order to determine what alternatives were considered and what input from interest groups may be influencing the city action. For example, has the city sought comments from Habitat for Humanity, who use volunteer labor for significant parts of affordable housing construction? They (their building coordinators) might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations, but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard(Section 6.1.1, Strategy 1) requires an annual `land survey'. I suggest this strategy be modified to require that this land survey include all the urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered,Tigard should have long record of constructive planning effort for the areas of interest, and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004 • • Page 2 of 2 of manufactured homes(greater than 10)be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year) which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. • E In order to assure development of affordable housing throughout the city,I suggest that a policy of the,Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant(defined to include all of Tigard's urban planning areas) is lacking its share of affordable housing(ie has only one affordable housing development, when other quadrants have 2), only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1% of the annual city budget and in the event that demand exceeds that amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees,traffic impact fees,etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments, landscaping . requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels,Tigard should modify its Comp Plan to require that for affordable housing developments, adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. . I Finally, it occurs to me that we need a good working definition of`affordable housing'. Is it the use of government subsidy, or is it rental value, or is it some tax status, or?? I happen to think that Metzger already has a good amount of affordable housing, not counted in any existing `system' of government accounting. Staff should provide a real definition for inclusion in the proposed amendment. Sincerely, . John Frewing file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004 • • Attachment 3 Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. 3. High consideration will be given to projects that facilitate the dispersal of affordable housing within the City. 3. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 4. Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. 5. The organization guarantees that the housing produced or rehabilitated will maintain long-term affordability, with long-term defined as the longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. 6. The organization guarantees that the project will be enrolled in the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) period of long-term affordability defined in guideline #5, or (b.) the life of the ESP program. 7. Council review and approval of each separate award will be required. This review will include an in-person presentation to Council by a representative of the organization making the request. 8. The time limit on the use of the funds is two years. • 9. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 10.The maximum amount available is $500 per qualified unit, up to the current Social Services and Events Fund affordable housing set-aside line item balance. i/lrpin/dr/1-28-03 affordable housing • • 5. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT TO CHAPTER 6 (HOUSING) a. Mayor Dirksen opened the public hearing. b. Staff Report Duane Roberts, Long Range Planning Staff, explained the proposed comprehensive plan amendment updates the Housing Chapter by incorporating references to various actions the City has taken in recent years to support affordable housing. It also reflects the requirements of Metro's Title 7 on Affordable Housing adopted three years ago, which required jurisdictions to consider a number of identified tools and strategies for encouraging affordable housing development. Metro's evaluation for Tigard identified several deficiencies in Tigard's comprehensive plan. These amendments address those deficiencies. The amendments include: • Allowing manufactured homes in all zoning districts which is already in the development code and comprehensive plan; • Establishing a fee subsidy program for affordable housing development which Council adopted two years ago. Staff also recommends a guideline be added that will give preferential treatment to projects that serve to disburse affordable housing within the community. • Require the development of a property maintenance code which the City accomplished in the late 1990's but is not referred to in the comprehensive plan. • Encourages residents to make use of Washington County's Administrative Home Repair funds. The Planning Commission held a public hearing on the proposed amendments and voted to recommend Council approve the amendments without changes. Mr. Roberts noted comments were received regarding the amendments from the following: • The Department of Land Conservation and Development (DLCD) referred to outstanding items identified by Metro which are technical in nature and which the County is currently questioning. DLCD also suggested the City of Tigard consider including affordable housing in its downtown planning effort currently underway as affordable housing is not identified as part of the downtown plan. • John Frewing submitted several comments and suggestions. He proposed disbursal of affordable housing throughout the City by dividing the city into quadrants and requiring each quadrant to have its share of affordable housing. Mr. Frewing suggested enforcement Tigard City Council Minutes — August 24, 2004 Page 8 would be by prohibiting development in a quadrant until an affordable housing project is proposed for that quadrant. Staff did not support that proposal as blocking housing development would not address the main obstacle to affordable housing, which is funding. This proposal would not provide funds for affordable housing projects. In addition, moratoriums are governed by state law and can only be imposed if state-defined essential services are in short supply; affordable housing is not on the list of essential services. c. Public Testimony • )ohn Frewing, 7110 SW Lola Lane, Tigard, said his proposal would put some teeth in the City's comprehensive plan provisions to get some affordable housing projects. Each quadrant should have some affordable housing. He can recall only a couple of affordable housing projects in Tigard. One recent one is located in the Metzger area. He pointed out the affordable housing project located on Hall Boulevard recently had a sidewalk installed from it to Hwy. 99. The sidewalk, however, was built around utility poles and mailboxes located in the middle of the sidewalk. He did not feel the sidewalk met ADA requirements for accessibility and width. Councilor Sherwood responded there are affordable housing located in almost all quadrants but are not well publicized. Housing Services of Washington County operates a number of units in Tigard, including The Colonies at the base of Bull Mountain, a project on Bonita Road, • and they are looking at others. Affordable housing projects require huge subsidies. She sits on the Housing Authority Board, and they heard a report today indicating there.are going to be more cutbacks in funding for affordable housing projects, Section 8, and many other areas. She did not feel that other housing projects should be put on hold while funding was found for affordable housing because of the amount of money that is needed for those projects is so huge. Mr. Frewing asked if Tigard has considered a supplemental fee on other development that could raise funds for affordable housing projects. Councilor Sherwood replied she has been a member of the Blue Ribbon Task Force for the past year, who has tried to come up with a way to develop a fee that would be used for affordable housing projects. The Task Force looked into a real estate transfer fee, but did not believe the fee would be approved because too many people were Tigard City Council Minutes — August 24, 2004 Page 9 • opposed to it. Any type of fee would have to be approved at the state legislature. Right now, it looks like anything is several years away. Mr. Frewing asked if the Task Force has looked at a system development charge (SDC) fee, similar to parks SDC's that could be used for affordable housing. Tim Ramis, City Attorney, explained that the SDC's had to first be authorized by the state legislature before local jurisdictions could implement a SDC for using funds in a particular area, such as parks. Mr. Frewing explained he was just trying to come up with some type of program that would fund affordable housing in Tigard. Councilor Sherwood noted Tigard is one of the few cities in Washington County which has a fund ($10,000) that is used to reduce fees for affordable housing programs. It is not much, but it helps those groups putting a project together. Councilor Woodruff explained Councilor Sherwood had reviewed the work of the Blue Ribbon Task Force recently and the needs and how difficult it is to fund affordable housing programs. He asked Mr. Frewing if his comments on affordable housing conflicts with his discussion about density,as more people want less density, not more. Affordable housing will probably be denser. Mr. Frewing responded that there will be people in the Bull Mountain area with two units per acre, but maybe they should pay a fee to enjoy that environment, so the rest of the City would have a higher density. In that way, both high and low density would be met. He would support some type of fee on new development, particularly on those developments with a low density that would be used for affordable housing. • Lisa Hamilton-Treick, 13565 SW Beef Bend Road, unincorporated Bull Mountain, stated she is a real estate broker and is concerned about the lack of affordable housing throughout the whole tri-county area. Tigard is not unique in not having enough affordable housing. There was an article in Sunday's Oregonian about an arrangement to purchase property under a trust so people can own their home. It will take creative solutions to address affordable housing issues. She participated in Tigard's Visioning Task Force where affordable housing Tigard City Council Minutes — August 24, 2004 Page 10 • was discussed. She is not clear what is meant by affordable housing; does that mean affordable rents or affordable prices, or both. Home ownership benefits those who have the opportunity to buy a home. Councilor Sherwood responded that she has lots of information on both affordable rents and prices. The Blue Ribbon Task Force noted that the subsidies were huge to get just one family into a house, whether it was rented, purchased, or built. Habitat for Humanity and Washington County have both built affordable housing units. Many are not successful, because not many lower income families can qualify to buy a house and then maintain it. Most to the focus is for affordable housing to rent and finding programs to help those low income people to get into a unit. This issue was discussed at the Housing Authority Board meeting today. Ms. Hamilton-Treick stated a situation came to her attention recently about some property in Tigard that had some management issues that would prohibit them from being a good investment for a number of people. Some homes can be purchased by people on limited means. Due to these management issues in these neighborhoods or properties, they are not available to first time home buyers. Councilor Sherwood concurred that in some condominium or homeowner associations, the fees are so high, by the time people qualify for the condominium, the additional association fees makes the unit unaffordable. Ms. Hamilton-Treick added that another issue is the rental- to owner- occupied ratios, where management has not paid close enough attention to those ratios, and have let them get so out of whack, that a person who normally would qualify for conventional financing is no longer available and would have to get more expensive private financing. Councilor Woodruff asked Ms. Hamilton-Treick if she had seen the Blue Ribbon Task Force report presented at the August 17 Council Workshop. The report provided the best information about affordable housing he has seen and was based on different sized homes, income levels, and what the reasonable amount someone could afford based on their income. Tigard City Council Minutes — August 24, 2004 Page 11 • S Ms. Hamilton-Treick stated she generally has concerns about many of the formulas used to compute the information, but she will take another look at the report. • Councilor Sherwood noted the report included pretty recent data prepared by technical people. The Blue Ribbon Task Force wanted hard numbers, not pie in the sky numbers, and the Task Force felt the information was pretty accurate. Ms. Hamilton-Treick noted another concern was that many affordable housing projects are built and retained by a builder/developer and then rented back to people on limited means, or investors buy up all the units and rent them back to those people on limited means. That becomes counter productive. She stated she hoped the City is aware of those situations and does whatever is legal and fair to minimize that from happening. Councilor Sherwood stated there is not a lot the City can do. That has to be the responsibility of the owners or the condominium associations themselves. • Henry Kane, 12007 SW Camden Lane, Beaverton, stated the Beaverton City Council recently passed an ordinance addressing affordable housing, but unfortunately the ordinance did not contain any teeth to enforce or impose financial liability. One concern he has is what is meant by median income. He stated that as Portland and Multnomah County Imposes more fees and taxes, more people will move out of Multnomah County to Washington County. There will be a breaking point unless there is a moratorium on building. If there is going to be affordable or subsidized housing, how much is it going to cost. • Mr. Roberts indicated the proposed ordinance does not add any fees or taxes. d. Staff recommendation. Mr. Roberts stated the staff recommendation was for Council to adopt the proposed ordinance with attached amendments as written. Tigard City Council Minutes — August 24, 2004 Page 12 • • e. Council Discussion Councilor Sherwood stated she had already made her comments with respect to making each quadrant do affordable housing. She noted that a lot of people in the County and non-profit agencies are doing what they can. She supports the change to the comprehensive plan. Councilor Woodruff concurred the Planning Commission reviewed the proposal and unanimously supported the.recommendations. Councilor Wilson pointed out land costs increase development costs and commented that Tigard is on the list of being one of the least affordable communities in the nation. The area remains somewhat affordable because of the low interest rates. When interest rates rise, that will not be the case. He noted Metro requires jurisdictions to maintain a certain amount of buildable land supply, while at the same time requiring affordable housing is provided. He suggested the addition of another implementation strategy, possibly under 6.3, which would state: "The city shall encourage the maintenance of an adequate regional land supply for housing." Council then discussed the addition of the appropriate wording and location in the Housing Goal. Motion made by Councilor Wilson, seconded by Councilor Sherwood, TO ADD THE FOLLOWING LANGUAGE TO SECTION 6.1 AS ITEM NO. 11, "THE CITY SHALL ENCOURAGE THE MAINTENANCE OF A SUFFICIENT REGIONAL RESIDENTIAL LAND SUPPLY." The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes Mayor Dirlcsen noted the City will be. beginning its revision of the comprehensive plan in the near future, and this discussion made it clear to him how much this needs to be addressed, reviewed and changes made. He noted this action is a housekeeping measure to formally add Council policies adopted during the past couple of years on an informal basis into the Housing Goal to meet a Metro requirement. There will be other discussions in the future to review this goal again. Tigard City Council Minutes -- August 24, 2004 Page 13 Aft • Motion was made by Councilor Sherwood, seconded by Councilor Wilson, TO APPROVE ORDINANCE 04-09, AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME II OF THE TIGARD COMPREHENSIVE PLAN. The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes 6. PLANNED DEVELOPMENT COMMITTEE UPDATE Dick Bewersdorff, Community Development, reported the Planned Development Committee has met three times and meets again September 7. The work plan ' moving forward. There were several months when the Committee could not . -et. The projection is to forward a recommendation for Planning Commission rev'-w and Council's approval. Mayor Dirksen encouraged the committee to continue its work an s e looks forward to their report and recommendation. 7. DARE SUMMER CAMP REPORT Bill Dickenson, Police Chief, noted the P. ice Department has three primary responsibilities to carry out: 1) respond o emergencies and respond to, calls for service; 2) investigate crimes that ha occurred; and 3) carry out prevention and intervention programs. Chief Di -nson stated Tigard has an ongoing program of working with schools during - -rr school year. The summer DARE program was developed to continue the •,ork and involvement with students during the summer. He then introduced munity Service Officer Sheryl Huiras, who has operated and managed the D -. E to be Great Summer Camp Program. Officer H ' . explained the seventh year of DARE camp for kids was just comple -a. This year, the five weekly sessions were limited to 60 kids each as that are . one school bus will hold. In addition to the campers, 65 high school students v. unteered as counselors and mentors. Both prospective campers and counselors lad to be turned away because there was not enough room or funding to Tigard City Council Minutes — August 24, 2004 Page 14 I. • • 120 DAYS = N/A CI TY OF TIGARD Community(Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: COMPREHENSIVE PLAN AMENDMENT(CPA) 2004-00002 Case Name: AFFORDABLE HOUSING CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, Oregon 97223 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. 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 DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 19, 2004 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON AUGUST 24, 2004 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 & 8. 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 The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS IS THE FINAL'DECISION BY THE CITY AND • BECOMES;:EFFECTIVE ON SEPTEMBER The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, 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) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 04-4 AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME II OF THE TIGARD COMPREHENSIVE PLAN. WHEREAS, the City of Tigard finds it necessary to revise Chapter 6 of the Tigard Comprehensive Plan Findings,Policies and Implementation Strategies, Volume II; and WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 2004, regarding amendments to the housing chapter; and WHEREAS, these amendments are those included in Comprehensive Plan Amendment (CPA) 2004- 00002; and WHEREAS,the proposed amendments are designed to promote the dispersal and facilitate the maintenance of affordable housing within the community; and WHEREAS, the amendments reflect pre-existing actions taken by the City in recent years that have.not, as yet,been incorporated into the Comprehensive Plan; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council approval of the proposed amendments shown in Exhibit"A"; and WHEREAS,the City Council held a pubic hearing on August 24, 2004, to consider the amendments, NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: • SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions rioted in the attached staff report(Exhibit "B"). SECTION 2: The specific text amendments attached to• the Ordinance are hereby adopted and approved by the City Council. SECTION : 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(,C0/14dtal vote of all Council mmtubers present after being read by number and title only,this ,Q��day of L , 2004. �4i//tom%/44./. 0vlti., e McGarvin,Deputy City Recorder ORDINANCE No. 04-0j Page 1 " • • . rs APPROVED: By Tigard City Council thisof 9' day of Ail el-4-'1--- , 2004. e .�z Craig D' en, Mayor Approved as to form: O. Attorney Date ORDINANCE No. 04- ] Page 2 • • Bold addition Croc out deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: • " "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation .and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. • • • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES • 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: . • • a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; c. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, private non-profit housing corporations, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. • 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 11. The City shall encourage maintenance of a sufficient regional residential land supply. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. • • POLICY 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • • • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULATIONS. IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. • 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to and site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage • an private property owners to comply with all nuisance structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. 46 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. i/Irpn/dr/6 • 0 TIGARD CITY COUNCIILL,% /y�"�1��N�N�lp �l + � • `° AUGUST 24� $2004 630.p.m CITY OF TIGARD ` � `' OREGON tgice TIGARD CITY HALL 13125 SW"HALL BLVD „y40.4,GARD OR .97 �:- .,� 7:22N3 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda. items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA — AUGUST 24, 2004 page 1 AGENDA TIGARD CITY COUNCIL MEETING AUGUST 24, 2004 6:30 PM • STUDY SESSION >COUNCIL INVOLVEMENT IN DOWNTOWN IMPROVEMENT PLAN • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1 . BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1 .2 Roll Call 1.3 Pledge of Allegiance 1 .4 Council Communications 8z Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Resolution for ODOT Pedestrian and Bicycle Grant Application 3.2 Local Contract Review Board: a. Award DUST Construction Bid b. Award Contract for the Construction of'Mapleleaf Street Improvement • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted_on those items which do not need discussion. COUNCIL AGENDA — AUGUST 24, 2004 page 2 • • 4. PREVIEW OF TIGARD BLAST/CITIZEN FAIR a. Staff Report: Tyler Ellenson, Tyler's Automotive b. Council Discussion *5. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT TO CHAPTER 6 (HOUSING) a. Open Public Hearing b. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing? Have all members familiarized themselves with the comprehensive plan? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? c. Staff Report: Duane Roberts, Long Range Planning Staff d. Council Discussion e. Council Consideration: Ordinance No. 04 - 6. PLANNED DEVELOPMENT COMMITTEE UPDATE a. Staff Report: Jim Hendryx, Community Development b. Council Discussion 7. DARE SUMMER CAMP REPORT a. Staff Report: Sheryl Huiras, Tigard Police Department b. Council Discussion 8. PUBLIC HEARING ON APPEAL OF BULL MOUNTAIN BALLOT TITLE ANNEXATION a. Open Public Hearing b. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing? Have all members familiarized themselves with the comprehensive plan? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? c. Staff Report: Liz Newton, Jane McGarvin, City Administration Staff d. Council Discussion e. Council Consideration . COUNCIL AGENDA — AUGUST 24, 2004 page 3 • • 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11 . ADJOURNMENT I:\ADM\CATHY\CCA\2004\040824).DOC COUNCIL AGENDA — AUGUST 24, 2004 page 4 AGENDA ITEM# FOR AGENDA OF 8/24/04 CITY OF TIGARD, OREGON - . COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Affordable Housing Amendments - Comprehensive Plan Amendment (CPA) 2004-00002 • PREPARED BY: Duane Roberts DEPT HEAD OK f lc�/ MGR OK ISSUE BEFORE THE C041CIL Should City Council approve the attached ordinance amending Chapter 6,Housing,Volume II of the Tigard Comprehensive Plan to facilitate the provision of affordable housing within the community? Should Council revise the adopted Affordable Housing Fee subsidy guidelines to include provisions giving preferential treatment to projects that contribute to the dispersal of affordable housing within the community? STAFF RECOMMENDATION Staff recommends that Council approve,by motion,the attached ordinance adopting the proposed amendments to the Housing Chapter of the Tigard Comprehensive Plan. Staff recommends that Council approve the proposed addition to the Affordable Housing Fee Subsidy Guidelines. INFORMATION SUMMARY In 2001, Metro adopted Title 7, "Housing and Affordable Housing", as an amendment to the Urban Growth Management Functional Plan. Title 7 requires local jurisdictions to adopt comprehensive plan amendments aimed at encouraging the provision of affordable housing and to consider a variety of techniques to meet regional and local affordable housing needs. A Metro evaluation of Tigard's Title 7 compliance contained in the Updated Metro Evaluation of Local Government Title 7 (Affordable Housing) Compliance Reports, dated December 18, 2003, lists as "Outstanding Items" the need for new City Comprehensive Plan policies and implementation measures that provide for the maintenance of existing affordable housing stock and that encourage the dispersal of new affordable housing within the community. In response to the Metro evaluation and in order to achieve Title 7 compliance, staff has drafted several . amendments to Chapter 6 of the Tigard Comprehensive Plan: Findings, Policies & Implementation Strategies, Volume II. These amendments include various implementing measures designed to address affordable housing stock maintenace and dispersal. All of the amendments reflect pre-existing actions taken by the City to support affordable housing or to carry out state housing-related statutes. Examples of these amendmends include new implementing strategies related to: the City fee subsidy program, which has been in operation for some two years; the Housing Maintenance Code, which was adopted in 1996; and the ten-year-old state statute that requires local • • hr jurisdictions to allow manufactured homes in all residential zoning districts. No new policy or implementation initiates are included among the amendments. The amendments are designed to incorporate into the City Comprehensive Plan new affordable housing promotion measures adopted by the City in recent years and to provide additional evidence of Metro Title 7 compliance. The Tigard Planning Commission considered the amendments in a hearing on July 19, 2004, and voted unanimously to forward a recommendation to Council to approve the amendments as written. No one appeared at the public hearing to testify either in favor or in opposition to the amendments. The new City Affordable Housing Program, adopted by Council on 9/24/02, included a range of land use and non-land use affordable housing promotion measures. One of the non-land use measures was a budget set- aside designed to offset fees and charges imposed on affordable housing development. At its 10/15/02 meeting, Council reached agreement on a set of ten guidelines that define the requirements and conditions for entities wishing to apply for the set-aside funds. The new guideline before the Council is intended to carry out proposed 6.1.1. Implementation Strategy 10, which states that "The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City". OTHER ALTERNATIVES CONSIDERED Do not adopt the amendments. Adopt revised amendments. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management, Goal#3: Partnerships for advocacy for development of additional units and preservation of affordable housing are encouraged and supported by the City and the community. ATTACHMENT LIST Attachment#1: Ordinance amending Chapter 6, Housing, Volume II of the Tigard Comprehensive Plan Exhibit A: Proposed revisions to Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II Exhibit B: Staff Report to Planning Commission Attachment #2: Draft Planning Commission meeting minutes - July 19, 2004 Attachment#3: Affordable Housing Fee Assistance Guidelines. FISCAL NOTES The proposed amendments do not involve the allocation of City funds. is\cdadm\jerree\agenda sum\8-24-04 Affordable Housing AIS.doc • Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 04- AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME II OF THE TIGARD COMPREHENSIVE PLAN. WHEREAS, the City of Tigard finds it necessary to revise Chapter 6 of the Tigard Comprehensive Plan Findings,Policies and Implementation Strategies,Volume II; and WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 2004, regarding amendments to the housing chapter; and WHEREAS, these amendments are those included in Comprehensive Plan.Amendment (CPA) 2004- 00002; and WHEREAS, the proposed amendments are designed to promote the dispersal and facilitate the maintenance of affordable housing within the community; and WHEREAS, the amendments reflect pre-existing actions taken by the City in recent years that have not, as yet,been incorporated into the Comprehensive Plan; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council approval of the proposed amendments shown in Exhibit"A"; and WHEREAS,the City Council held a pubic hearing on August 24, 2004,to consider the amendments, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit"B"). SECTION 2: The specific text amendments attached to the Ordinance are hereby adopted and approved by the City Council. SECTION : 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 vote of all Council members present after being read by number and title only,this day of , 2004. Jane McGarvin,Deputy City Recorder ORDINANCE No. 04- Page 1 • • APPROVED: By Tigard City Council this day of , 2004. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 04- Page 2 • • EXHIBIT "A" Bold addition Crossout deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. . This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. • Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of'the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. • • • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: • • a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; c. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, private non-profit housing corporations, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. . • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. POLICY • • 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those „ • • incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULATIONS.ORDINANCE IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by. the Washington . County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to structure and site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage private property owners to comply with all nuisance and structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. • • • 4-6 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. i/Irpn/dr/6 a • I EXHIBIT "B" Agenda Item: Hearin. Date: STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I: APPLICATION SUMMARY FILE NAME: AFFORDABLE HOUSING CODE AMENDMENT FILE NO. Comprehensive Plan Amendment (CPA) CPA2004-00002 PROPOSAL: The City of Tigard proposes to amend Chapter 6, Housing, Volume II of the Tigard Comprehensive Plan to facilitate the provision of affordable housing within the community. APPLICANT: . City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 OMPREHENSIVE PLAN DESIGNATION: N/A • ZONING DESIGNATION: N/A LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 10; Metro Urban Growth Management Plan Titles 1, 7, and 8; Comprehensive Plan Policies 1, 2, 6, and 12; and Community Development Code Chapters 18.380 and 18.390 SECTION II: STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance amendments according to the findings found in Section IV of this report. SECTION III: BACKGROUND INFORMATION In 2001, Metro adopted Title 7, "Housing and Affordable Housing", as an amendment to the Urban Growth Management Functional Plan. This title requires local jurisdictions to adopt comprehensive plan amendments aimed at encouraging the provision of affordable,housing and to consider a variety of techniques to meet regional and local affordable housing needs. Metro Code Section 3.07.730.A.2 of Title 7, states that: A. Cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: 2. Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. The City proposes to amendment Chapter 6 of the Tigard Comprehensive Plan: Findings, Policies & Implementation Strategies, Volume II, to add implementing measures designed to address affordable housing stock maintenance and affordable housing dispersal. These amendments respond to a Metro evaluation of Tigard's Title 7 compliance contained in the Updated Metro Evaluation of Local Government Title 7 (Affordable Housing) Compliance Reports, dated December 18, 2003. This evaluation lists as an "Outstanding Item" the need for new City comprehensive plan policies and implementation measures that carry out Metro Code Section 3.07.730.A.2 quoted above. A copy of the City's proposed Comprehensive Plan amendments is attached. Proposed additions are highlighted in bold. Proposed deletions are indicated by strikeouts. All of the implementation measures proposed as additions are pre- existing actions taken by the City. An exception is the housing subsidy program guideline giving special consideration to projects that facilitate the dispersal of affordable housing within the City. The.amendments promote affordable housing dispersal by explicitly recognizing the state statue requiring local jurisdictions to allow manufactured homes in all residential zoning districts; by requiring the City to maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the provision of new Authority-owned affordable housing at dispersed sites within the community; and by requiring the City to establish a fee subsidy program for affordable housing development that includes guidelines giving preferential treatment to projects that facilitate the dispersal of affordable housing within the City. The amendments promote the maintenance of existing housing stock by requiring the City to develop a Residential Property Maintenance Code and assign a Housing • • Inspector to administer it and by requiring the City to encourage residents to utilize the various low interest loan and grant home repair programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. Some of the means of "encouraging" include informational fliers, and City webpage, newsletter, and cable program announcements that provide program details and contact information. In conclusion, in order to complete Title 7 compliance, Tigard proposes to adopt conforming amendments to its Comprehensive Plan that provide for the maintenance of existing affordable housing stock and that encourage the dispersal of new affordable housing within the community. These required amendments are the subject of this application. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 10; Urban Growth Management Plan 1, 7, and 8; Tigard Comprehensive Plan Policies 1, 2, 6, and 12; and Community Development Chapters 380 and 390. Three Statewide Planning Goals need to be considered with regard to this request: Goal # 1: Develop a citizen involvement program that ensures the opportunity for citizens to get involved in all aspects ofthe planning process. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal will be met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice will be published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be received. Additionally, prior to the submittal of the Land Use Application containing the proposed amendments, the amendments were considered at Planning Commission workshop meetings held on April 19 and 26,2004. On May 20, 2004, the Tigard Committee for Citizen Involvement considered the amendments and made suggestions for publicizing them. In June, the text of the amendments and a summary of their contents were posted in the City of Tigard webpage. • r Goal # 2: Establish a land use planning process and policy framework as the basis of all land use decisions and actions, and ensure an adequate factual data base to substantiate those decisions and actions. This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. The established process with regard to the process and policy framework has been followed with respect to the housing- related amendments under discussion. Goal # 10: Provide adequate housing for the needs of residents of the community, State, and visitors. The Tigard Comprehensive Plan has been acknowledged as meeting this statewide goal. The proposed amendments carry out the intent of the goal with respect to facilitating affordable housing. The amendments particularly address OAR 660- 015-0000(10), B.2.(b), which states that plans should take into account the effects of utilizing financial incentives and resources to bring into compliance with codes adopted to assure safe and sanitary housing the dwellings of individuals who cannot on their own afford to meet such codes. The amendments do this by requiring the City to encourage residents to utilize the various low interest loan and grant repair programs offered by the Washington County Office of Community Development. Seven Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider housing and employment targets established for Tigard. The provisions required in this title are included in the Tigard Comprehensive Plan. Effective measures have been taken to reasonably assure that the calculated capacities will be built for dwelling units and jobs. As described below, the present amendments are intended to address the additional requirements of Title 7 (Affordable Housing) of the Metro functional plan. Adoption of the proposed amendments will not affect or interfere with the achievement of housing targets. The amendments are intended to encourage the dispersion of affordable housing throughout the community and to support the maintenance of the community's existing housing stock. • • Title 7: Regional policy designed to ensure efficient use of land, adequate land for residential development, and affordable housing strategies and production goal for meeting the housing needs of this region. Title 7 is the subject of the present application. The Title recommends changes to City and County policies related to affordable housing promotion. It also establishes mandatory requirements that local governments must undertake as part of Metro's regional planning effort. The amendments proposed by the City are designed to meet Title 7 requirements related to affordable housing dispersal and maintenance. These have been identified as "outstanding items" in a Metro report evaluating Tigard's Title 7 compliance. Title 8: Compliance with the Urban Growth Management Plan. According to Metro regulation 7.07.810.G, an amendment to a City Comprehensive Plan shall be deemed to comply with the Urban Growth Management Plan if the local jurisdiction provided notice to the Metro Chief Operative Officer. On 5/26/04 the City provided notice of the amendments to the designated Metro authorities by certified mail. Therefore this goal is met. Three City of Tigard Comprehensive Plan Policies need to be considered with regard to this request: TCP Policy 1 1.1: The City shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission and the Regional Plan adopted by the Metropolitan Service-District. This policy is satisfied because the proposed Comprehensive Plan policy changes are consistent with the Statewide Planning Goals as indicated above, and the changes help to keep the plan current with local needs and recent administrative rule changes. In particular, the changes implement Title 7 of the Metro Framework Plan. Comments received from LCDC staff (included in the Agency Comment section of this report) provide evidence that the proposed changes are consistent with the Statewide Planning Goals. TCP Policy 2.1.1: The City shall maintain an ongoing citizen. involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. • • • The proposed amendments were discussed at Planning Commission workshops held on April 19 and 26, 2004. The Citizen Involvement Team Facilitators, who serve as Tigard's official committee for Citizen Involvement (Policy 2.1.2.c), on May 20, 2004, discussed the amendments and suggested opportunities for public involvement related to their consideration. As recommended by the committee, the amendments have been posted on the official City webpage along with an explanation of the changes and their significance. In addition, two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be welcome. TCP Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. b. Where appropriate, other involvement techniques will be used. As discussed above, Citizen Involvement Team Facilitators serve as the primary means for citizen involvement in land use planning. An amendment public information process appropriate the proposed code changes was discussed at a regular CCI meeting. The amendments and an explanation of their significance were posted on the City webpage. As also mentioned above, the amendments were discussed at two Planning Commission workshop meetings open to the public. In addition, two formal Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be received. Therefore, this policy is satisfied. TCP Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. This policy was addressed previously in this report. Additionally, the Tigard Development Code notice requirements have been met. Notice was mailed to various public and private agencies and notice was published in the Tigard Times prior to the Planning Commission and Council public hearings. An opportunity for public testimony will be provided at both hearings. The notices and informal outreach efforts have included the provision of information in an understandable form. TCP Policy 6.1 .1: The City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The proposal amends 6.1.1 to include additional strategies to support affordable- housing dispersal. The changes are consistent with the finding that "Undue concentrations of public assisted or subsidized housing serves to isolate the • • • • recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City • should take steps to disperse such housing within individual neighborhoods and throughout the City itself." TCP Policy 6.5.1: The City shall require that all housing units be: b. Maintained in a manner which does not violate the City's nuisance ordinance. The amendments contain provisions intended to enhance the maintenance of the City's existing housing stock. Specifically, implementation measure number 3, under 6.5.1 provides that in order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a housing inspector to,administer it. The proposed Maintenance Code supplements and does not lessen the requirements of the existing nuisance ordinance. TCP Policy 12:1.1: The City shall provide for housing densities in accordance with: a. Applicable plan policies; b. Applicable location criteria; and c. Applicable Community Development Code provisions. The present amendments do not propose to amend existing plan policies, location criteria, or code provisions related to density. SECTION V: OTHER STAFF COMMENTS The Community Development, Engineering, Police, and Public Works Departments have reviewed this application and offered no comments or objections. SECTION VI AGENCY COMMENTS Metro has reviewed this application and offered no comments or objections. The Department of Land Conservation and Development has reviewed this proposal and offered the following comments: "I received your notice of proposed amendment for changes to the Comprehensive Plan regarding Title 7 requirements. DLCD appreciates the opportunity to comment. We support the City's efforts in proposing policy changes to support the goal of maintaining and increasing the supply of the affordable housing that meets the • • • Metro Housing Rule. The City's Affordable Housing Program is exemplary in its approach to addressing the need and Tigard should be commended. Since Title 7 is voluntary in nature the following comments are advisory, but should be included in the record. The proposed changes would allow manufactured housing units in all residential zones, which is consistent with ORS 197.303 for "needed housing." ORS 197.307 allows the City to adopt approval and placement standards for certain residential development, including manufactured dwellings. The proposed changes do not violate this statute, but a review of your zoning codes may be appropriate to ensure compliance with "clear and objective" criteria. The other proposed policy amendments support Title 7 and are common sense approaches to coordinate efforts among numerous jurisdictions working on the same issue. In addition to the housing authority, I would encourage the City to work with community development corporations and private non-profit providers, such as Habitat for Humanity, and list private non-profits by policy. (Policy 6.1.1, Strategy 7). According to the most recent Title 7 compliance report from Metro, the following items are outstanding: (1) Ensuring that the City's comprehensive plan and implementing ordinances include measures to maintain the City's existing supply of affordable housing and increase the dispersion of affordable housing. 2) Consideration of the amendment of comprehensive plan and implementing ordinance amendments to include density bonus and the transfer of development rights in Metro Code 3.07.730.B. 3) Encouraged consideration of the amendment of comprehensive plan and implementing ordinance amendments to include the implementation of replacement housing and inclusionary housing in urban renewal areas as outlined in Metro Code Section 3.07.760. It's my understanding that Tigard has considered the first two but found them unworkable due to staff constraints and a lack of inventory to determine the need. An inventory of this nature would offer an ideal service learning opportunity to graduate students at the UO and PSU planning schools. A project manager would still be needed, but the majority of the leg work could be done for little cost. The city might want to explore this possibility. With regard to the last item, the upcoming Downtown Improvement Plan is a great opportunity to discuss the merits of adding housing, including affordable units, as a strategy to revitalizing the town center. Obviously, the key is finding the best mechanism to fund a downtown program and identify appropriate sites. I would hope the city includes this topic in its list of alternative uses and viable options to spur new development in the downtown. If you have any questions about these comments, please feel free to contact me. Thanks for the opportunity to comment and let us know how we can assist you in the future." • .• RESPONSE: As suggested by DLCD, the Current Planning Manager has agreed to undertake a review of the Tigard Community Development Code to ensure its compliance with State "clear and objective" criteria. We concur that private-non-profit housing corporations are important providers of affordable housing and should be recognized as such in the Comprehensive Plan. Two such corporations, the Tigard-based Community Partners for Affordable Housing and the Tualatin Valley Housing Partners, currently own and manage a combined 262 units of affordable housing within and adjacent to the City. We propose amending 6.1.1, Strategy 7 to include a reference to the contribution of the non-profits. With regard to the Metro evaluation of the City of Tigard's Title 7 compliance, the City officially has concurred with the listing of item 1 as "outstanding". This item refers to the need to adopt Comprehensive Plan and implementing ordinances to maintain the existing supply and increase the dispersal of affordable housing. The present amendments are intended to address this deficiency. The City has questioned Metro's inclusion of Items 2 and 3 as "outstanding Items" and some months ago submitted evidence that it has met each. Metro has not responded to this submittal as yet. We concur that the development of the Downtown Improvement Plan provides an opportunity to discuss the merits of including housing, including additional affordable housing to the mix of downtown uses. Although not explicitly spelled out in the project work scope, the downtown planning effort will include consideration of opportunities and strategies for affordable housing development. As part of its approach to this topic, the City made an effort to recruit one or two affordable housing residents to serve on the Downtown Task Force. PREPARED BY: Duane Roberts DATE: 7/8/04 Associate Planner APPROVED BY: Barbara Shields DATE: 7/8/04 Long Range Planning Manager I:\C URPLMPATTY\C PA-RPT.DOT Duane Roberts - Re: Comp Plan Amer>ent for Affordable Housing •I Page 1 From: Duane Roberts To: John Frewing Date: 7/15/04 2:55PM Subject: Re: Comp Plan Amendment for Affordable Housing Mr. Frewing, The background for the amendments goes back to 2002 when one of the Council goals was to"consider ways to support the provision of affordable housing". After a series of workshop meetings focused on a range of potential tools and strategies, Council adopted the Affordable Housing Program as"a complete and official statement of the City's overall affordable housing program". I attached the e-version of this report to my previous email. Significantly, Community Partners for Affordable Housing, the Tigard-based non-profit housing corporation,was a major participant in these policy discussions. CPAH staff shared their frontline, on-the-ground knowledge of obstacles to affordable housing development and were a valuable resource to Council. The CPA 2004-00002 amendments are narrowly focused and are intended to provide additional evidence of Metro Title 7 compliance, rather than revisit the Council-adopted affordable housing position paper. All of the new amendments reflect pre-exiting actions taken by the City and are refinements to the City's existing policies. The CPA is not intended to initiate or be part of a full-fledged policy review, because that took place two years ago. Planning Commission and Council can always decide later on to initiate an affordable housing policy discussion or consider adding new or revised housing promotion measures. The present staff-initiated amendments are more in the nature of housekeeping changes to the existing housing section of the comprehensive plan. We offer the following in response to your specific comments,which we view as good faith efforts to support affordable housing development in the community. A. A pre-application meeting was held on May 18th with Morgan Tracey. He left on vacation shortly thereafter and forgot to file the pre-application notes before leaving. A copy of the pre-application notes is attached. Because of their narrow purpose, the City did not seek comments on the amendments from Habitat for Humanity or other non-profits. However,we agree that Habitat for Humanity would be a useful contact with regard to future Housing-related issues. They are not on our present list of regular housing-related contacts. We will add Habitat for Humanity Willamette West, 7830 SW 40th Street, Portland 97219 to our mailing list. Please let us know if there is a more appropriate local office we should be include on the list. B. As indicated in my previous email, the Committee on Citizen Involvement was reactivation in May. A copy of the meeting minutes was attached to the email message. A copy of the committee's July 15th meeting agenda is attached to the present email for your information. C. The City land survey covers that Urban Planning Area. D. There is no prohibition on the number of manufactured homes in the development code. As required by State Statutes, they are treated the same as stick built houses. E. Some would question whether this would do anything to promote affordable housing, as opposed to limiting normal housing and increasing the prices of homes by limiting supply. F. Council considered affordable housing development fee subsidies as part of the Affordable Housing Program and decided on an appropriate level of support based on local conditions and resources. Council is free to consider and act on any suggested, including the suggestion outlined in your email,for revising the amount upward or downward. G. Requiring low maintenance features may be too restricted. It could add another requirement on Duane Rot?erts- Re: Comp Plan Amenillint for Affordable Housing • Page 2 affordable housing. H. Why should this be done to affordable housing only? This would cause affordable housing to meet a standard that would greatly increase costs. Existing residents have not provided enough park space to meet City level of service standards. Does this mean only the"newcomers" are required to fix this deficit? City maintenance of open space in each development would greatly increase City park maintenance costs. i/Irpin/dr.affordable housing.cpa.response Duane Roberts - City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503-639-4171 ext 2444 >>> "John Frewing" <jfrewing @teleport.com>07/10/04 03:44PM >>> July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004-00002 regarding a comprehensive plan amendment to facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission in their recommendation to City Council and I would appreciate a brief reply that they indeed have been forwarded and included in the record: A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A. These notes are important in order to determine what alternatives were considered and what input from interest groups may be influencing the city action. For example, has the city sought comments from Habitat for Humanity,who use volunteer labor for significant parts of affordable housing construction? They(their building coordinators)might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their • Duane Roberts- Re: Comp Plan Amer.nt for Affordable Housing • Page 3 input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations, but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1, Strategy 1) requires an annual'land survey'. I suggest this strategy be modified to require that this land survey include all the urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered, Tigard should have long record of constructive planning effort for the areas of interest, and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups of manufactured homes (greater than 10) be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year)which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. E In order to assure development of affordable housing throughout the city, I suggest that a policy of the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant(defined to include all of Tigard's urban planning areas)is lacking its share of affordable housing (ie has only one affordable housing development,when other quadrants have 2), only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1%of the annual city budget and in the event that demand exceeds that amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees, traffic impact fees, etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments, landscaping requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels,Tigard should modify its - Comp Plan to require that for affordable housing developments,adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. Duane`Roherts- Re: Comp Plan Amenct for Affordable Housing • Page 4 I Finally, it occurs to me that we need a good working definition of'affordable housing'. Is it the use of government subsidy, or is it rental value, or is it some tax status, or?? I happen to think that Metzger already has a good amount of affordable housing, not counted in any existing'system'of government accounting. Staff should provide a real definition for inclusion in the proposed amendment. Sincerely, John Frewing • • 0 • • • • Attachment 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes DRAFT July 19, 2004 • 1.. . CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Meads, and Munro Commissioners Absent: Commissioners Caffall, Haack, and Sutton Staff Present: Duane Roberts, Associate Planner; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS • The next meeting is scheduled for August 16`h • .Eight Planning Commission applicants will be interviewed for the open and alternate positions. • The secretary has copies of the Government Standards & Practices training . • President Padgett wants to have a workshop on planned developments in September. • President Padgett reminded the Commissioners about the Bull Mountain Annexation hearing on July 27th. Commissioners may testify as individuals, not as representatives of the Planning Commission. • Discussion was held on meeting attendance. 4. APPROVE MEETING MINUTES It was moved and seconded to accept the June 21, 2004 meeting minutes as submitted. The motion passed by a vote of 4-0. Commissioner Buehner abstained. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 AFFORDABLE HOUSING CODE AMENDMENT REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8. PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 1 • • . STAFF REPORT Associate Planner Duane Roberts presented the staff report on behalf of the City. He noted that these are housekeeping amendments to the Housing Chapter of the Comprehensive Plan — there are no new affordable housing policies or implementation measures proposed. The purpose of the amendments is to update the Housing Chapter of the Comp Plan and to demonstrate Metro Title 7 compliance. Roberts highlighted the proposed amendments and asked the Commission to make a recommendation of approval to Council. Commissioner Buehner asked if these amendments might be changed with the upcoming Comprehensive Plan update. Roberts did not foresee any major, mandatory changes to the Housing Chapter with the Comp Plan update. Commissioner Meads asked about density bonuses. Roberts said that the Council considered density bonuses for affordable housing, but did not adopt the code. Commissioner Meads asked about items mentioned in a letter from John Frewing (Exhibit A). Roberts answered that he responded to the letter. He said Frewing was not aware of the existing adopted.Affordable Housing Program. With regard to ensuring that affordable housing is dispersed, Roberts noted that we have an agreement with Washington County about location of affordable housing. Discussion was held on manufactured housing. It was noted that we are bound by state laws regarding placement of manufactured houses. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved to recommend approval to Council of CPA 2004- 00002, based on findings in the staff report and discussion held during the public hearing. Commissioner Bienerth seconded the motion. The motion passed unanimously. 6. GOAL 5 WORKSHOP Associate Planner Julia Hajduk handed out copies of a PowerPoint presentation (Exhibit B). She noted that the objective of Goal 5 is to improve the overall environmental health of the Tualatin River basin. She went over the presentation with the Commission, advising that we are now in step 3 of the action plan. Hajduk advised that it has not been decided who will determine the 50% of mitigation. The concept will be presented at the public hearing. After that time, the Basin Partners will work on the details. She also advised that mitigation standards PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 2 • . and ratios have not been defined as yet. She noted that Goal 5 regulations would be for habitat outside of Clean Water Services buffer areas. Hajduk said the current Development Code standards would have to be reviewed for any obstacles to new Goal 5 regulations. Discussion was held on the mitigation process and non-regulatory elements. Hajduk noted the open house and public hearing schedule. The coordinating committee will make its decision on August 16`h Commissioner Buehner asked about 2 particular parcels that are located in moderately and strictly limit areas. Hajduk drew out some possible ways the parcels could be developed. Hajduk advised that all property owners in a resource area were sent a notice about the Goal 5 process. 7. OTHER BUSINESS None 8. ADJOURNMENT The meeting adjourned at 8:20 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett • PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 3 • .• Page 1 of 2 Duane Roberts - Comp Plan Amendment for Affordable Housing P =:i;L:=r- .r -!- 9`l.t.. g::+=.: ..-'.r.'e.'{-3S'fi :'FP`=.hz�_ - •'nTfSLsr.._.s�Zt.:%y`Ci�[r>.si '51s^.. '....> .Z�• f_-.um.'3Y'.-i�-!'em'..°c°�5:'o'b ' From: "John Frewing" <jfrewing @teleport.com> To: "Duane Roberts" <DUANE @ci.tigard.or.us> Date: 7/10/2004 3:39 PM Subject: Comp Plan Amendment for Affordable Housing CC: "Jim Hendryx" <jimh @ci.tigard.or.us>, "Bill-Monahan" <bill @ci.tigard.or.us>;"Mayor MAYOR" <MAYOR @ci.tigard:or:us>, "Alice Gaut"<aeg@csgpro:corri>:"Lisa ITamiltan= Treick" <Lisa @HamiltonRealtyGroup.com>, "Sue Beilke" <sbeilke @europa.com>, "Brian Wegener" <brian @tualatinriverkeepers.org> July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004—00002 regarding a comprehensive plan amendment to facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission in their recommendation to City. Council and.I would appreciate a brief reply that they indeed have been forwarded-and included in the record: • . . . . A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A. These notes are important in order to determine what alternatives were considered and what input from interest groups may be influencing the city action. For example, has the city sought comments from Habitat for Humanity, who use volunteer labor for significant parts of affordable housing construction? They (their building coordinators)might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations,but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1, Strategy 1) requires an annual `land survey'. I suggest this strategy be modified to require that this land survey include all the urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered,Tigard should have long record of constructive planning effort for the areas of interest, and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004 Page 2 of 2 of manufactured homes (greater than 10)be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year) which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. E In order to assure development of affordable housing throughout the city,I suggest that a policy of the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant (defined to include all of Tigard's urban planning areas) is lacking its share of affordable housing(ie has only one affordable housing development, when other quadrants have 2), only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1% of the annual city budget and in the event that demand exceeds that amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees,traffic impact fees, etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments, landscaping requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels, Tigard should modify its Comp Plan to require that for affordable housing developments, adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. I Finally, it occurs to me that we need a good working definition of`affordable housing'. Is it the use of government subsidy, or is it rental value, or is it some tax status, or ?? I happen to think that Metzger already has a good amount of affordable housing, not counted in any existing `system' of government accounting. Staff should provide a real definition for inclusion in the proposed amendment. Sincerely, John Frewing file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004 • • Attachment 3 Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. 3. High consideration will be given to projects that facilitate the dispersal of affordable housing within the City. 3. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 4. Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. 5. The organization guarantees that the housing produced or rehabilitated will maintain long-term affordability, with long-term defined as the longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. 6. The organization guarantees that the project will be enrolled in the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) period of long-term affordability defined in guideline #5, or (b.) the life of the ESP program. 7. Council review and approval of each separate award will be required. This review will include an in-person presentation to Council by a representative of the organization making the request. 8. The time limit on the use of the funds is two years. 9. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 10.The maximum amount available is $500 per qualified unit, up to the current Social Services and Events Fund affordable housing set-aside line item balance. i/Irpin/dr/l-28-03 affordable housing t . • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes July 19, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Meads, and Munro Commissioners Absent: Commissioners Caffall, Haack, and Sutton Staff Present: Duane Roberts, Associate Planner; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS • The next meeting is scheduled for August 16th • Eight Planning Commission applicants will be interviewed for the open and alternate positions. • The secretary has copies of the Government Standards & Practices training . • President Padgett wants to have a workshop on planned developments in September. • President Padgett reminded the Commissioners about the Bull Mountain Annexation hearing on July 27th. Commissioners may testify as individuals, not as representatives of the Planning Commission. • Discussion was held on meeting attendance. 4. APPROVE MEETING MINUTES It was moved and seconded to accept the June 21, 2004 meeting minutes as submitted. The motion passed by a vote of 4-0. Commissioner Buehner abstained. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 AFFORDABLE HOUSING CODE AMENDMENT REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8. PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 1 • • STAFF REPORT Associate Planner Duane Roberts presented the staff report on behalf of the City. He noted that these are housekeeping amendments to the Housing Chapter of the Comprehensive Plan —. there are no new affordable housing policies or implementation measures proposed. The purpose of the amendments is to update the Housing Chapter of the Comp Plan and to demonstrate Metro Title 7 compliance. Roberts highlighted the proposed amendments and asked the Commission to make a recommendation of approval to Council. Commissioner. Buehner asked if these amendments might be changed with the upcoming Comprehensive Plan update. Roberts did not foresee any major, mandatory changes to the Housing Chapter with the Comp Plan update. Commissioner Meads asked about density bonuses. Roberts said that the Council considered density bonuses for affordable housing, but did not adopt the code. Commissioner Meads asked about items mentioned in a letter from John Frewing (Exhibit A). Roberts answered that he responded to the letter. He said Frewing was not aware of the existing adopted Affordable Housing Program. With regard to ensuring that affordable housing is dispersed, Roberts noted that we have an agreement with Washington County about location of affordable housing. Discussion was held on manufactured housing. It was noted that we are bound by state laws regarding placement of manufactured houses. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved to recommend approval to Council of CPA 2004- 00002, based on findings in the staff report and discussion held during the public hearing. Commissioner Bienerth seconded the motion. The motion passed unanimously. 6. GOAL 5 WORKSHOP Associate Planner Julia Hajduk handed out copies of a PowerPoint presentation (Exhibit B). She noted that the objective of Goal 5 is to improve the overall environmental health of the Tualatin River basin. She went over the presentation with the Commission, advising that we are now in step 3 of the action plan. Hajduk advised that it has not been decided who will determine the 50% of mitigation. The concept will be presented at the public hearing. After that time, the Basin Partners will work on the details. She also advised that mitigation standards PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 2 • • and ratios have not been defined as yet. She noted that Goal 5 regulations would be for habitat outside of Clean Water Services buffer areas. Hajduk said the current Development Code standards would have to be reviewed for any obstacles to new Goal 5 regulations. Discussion was held on the mitigation process and non-regulatory elements. Hajduk noted the open house and public hearing schedule. The coordinating committee will make its decision on August 16th Commissioner Buehner asked about 2 particular parcels that are located in moderately and strictly limit areas. Hajduk drew out some possible ways the parcels could be developed. Hajduk advised that all property owners in a resource area were sent a notice about the Goal 5 process. 7. OTHER BUSINESS None 8. ADJOURNMENT The meeting adjourned at 8:20 p.m. J; r-- aynor, P .nning` .mmission Secretary ATTEST: Presi ent Mark Padgett PLANNING COMMISSION MEETING MINUTES -July 19,2004-Page 3 • • Page 1 of 2 Duane Roberts- Comp Plan Amendment for Affordable Housing From: "John Frewing" <jfrewing @teleport.com> To: "Duane Roberts" <DUANE @ci.tigard.or.us> Date: 7/10/2004 3:3 9 PM Subject: Comp Plan Amendment for Affordable Housing CC: "Jim Hendryx"<jimh @ci.tigard.or.us>, "Bill Monahan" <bill @ci.tigard.or.us>, "Mayor MAYOR" <MAYOR @ci.tigard.or.us>, "Alice'Gaut" <aeg @esgpro:com>, Lisa Hamilton Treick" <Lisa @HamiltonRealtyGroup.com>, "Sue Beilke" <sbeilke @europa.com>, "Brian Wegener" <brian @tualatinriverkeepers.org> July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004—00002 regarding a comprehensive plan amendment to facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission:in their recommendation to City Council and,I would appreciate a brief reply that they indeed have been forwarded and included in the record: A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A. These notes are important in order to determine what alternatives were considered and what input from interest groups may be influencing the city action. For example, has the city sought comments from Habitat for Humanity, who use volunteer labor for significant parts of affordable housing construction? They (their building coordinators)might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations, but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1, Strategy 1)requires an annual `land survey'. I suggest this strategy be modified to require that this land survey include all the.urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered, Tigard should have long record of constructive planning effort for the areas of interest, and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004 • Page 2 of 2 of manufactured homes (greater than 10) be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year) which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. E In order to assure development of affordable housing throughout the city,I suggest that a policy of the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant (defined to include all of Tigard's urban planning areas) is lacking its share of affordable housing(ie has only one affordable housing development, when other quadrants have 2), only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1% of the annual city budget and in the event that demand exceeds that amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees,traffic impact fees, etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments, landscaping requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels, Tigard should modify its Comp Plan to require that for affordable housing developments, adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. I Finally, it occurs to me that we need a good working definition of`affordable housing'. Is it the use of government subsidy, or is it rental value, or is it some tax status, or?? I happen to think that Metzger already has a good amount of affordable housing, not counted in any existing `system' of government accounting. Staff should provide a real definition for inclusion in the proposed amendment. Sincerely, John Frewing file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004 GEE LIENHOLDER,VENDOR OR SELLER: NOTICE TO MORTGA , THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, A• IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development Shaping Better Community CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, JULY 19, 2004 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, AUGUST 24, 2004 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: FILE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 FILE TITLE: AFFORDABLE HOUSING CODE AMENDMENT APPLICANT: City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8. THE PLANNING COMMISSION'S REVIEW IS FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THIS REQUEST. THE CITY COUNCIL WILL ALSO CONDUCT A HEARING ON THIS REQUEST PRIOR TO MAKING A DECISION ON THIS REQUEST. THE PUBLIC HEARINGS ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVIC•ARE AVAILABLE FOR PERSON..ITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 T(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATiONS DEVICES FOR THE DEAF) NO LESS HAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION AND CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION OR CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION OR CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUUESTT. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DUANE ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. 12 € U6ST FAR öoMftiT3 Duan Roberts- Re: Comp Plan Amen nt for Affordable Housing - Page 1 From: - Duane Roberts To: John Frewing Date: 7/15/04 2:55PM Subject: Re: Comp Plan Amendment for Affordable Housing Mr. Frewing, The background for the amendments goes back to 2002 when one of the Council goals was to "consider ways to support the provision of affordable housing". After a series of workshop meetings focused on a range of potential tools and strategies, Council adopted the Affordable Housing Program as "a complete and official statement of the City's overall affordable housing program". I attached the e-version of this report to my previous email. Significantly, Community Partners for Affordable Housing, the Tigard-based non-profit housing corporation,was a major participant in these policy discussions. CPAH staff shared their frontline, on-the-ground knowledge of obstacles to affordable housing development and were a valuable resource to Council. The CPA 2004-00002 amendments are narrowly focused and are intended to provide additional evidence of Metro Title 7 compliance, rather than revisit the Council-adopted affordable housing position paper. All of the new amendments reflect pre-exiting actions taken by the City and are refinements to the City's existing policies. The CPA is not intended to initiate or be part of a full-fledged policy review, because that took place two years ago. Planning Commission and Council can always decide later on to initiate an affordable housing policy discussion or consider adding new or revised housing promotion measures. The present staff-initiated amendments are more in the nature of housekeeping changes to the existing housing section of the comprehensive plan. We offer the following in response to your specific comments,which we view as good faith efforts to support affordable housing development in the community. A. A pre-application meeting was held on May 18th with Morgan Tracey. He left on vacation shortly thereafter and forgot to file the pre-application notes before leaving. A copy of the pre-application notes is attached. Because of their narrow purpose, the City did not seek comments on the amendments from Habitat for Humanity or other non-profits. However,we agree that Habitat for Humanity would be a useful contact with regard to future Housing-related issues. They are not on our present list of regular housing-related contacts. We will add Habitat for Humanity Willamette West, 7830 SW 40th Street, Portland 97219 to our mailing list. Please let us know if there is a more appropriate local office we should be include on the list. B. As indicated in my previous email, the Committee on Citizen Involvement was reactivation in May. A copy of the meeting minutes was attached to the email message. A copy of the committee's July 15th meeting agenda is attached to the present email for your information. C. The City land survey covers that Urban Planning Area. D. There is no prohibition on the number of manufactured homes in the development code. As required by State Statutes, they are treated the same as stick built houses. E. Some would question whether this would do anything to promote affordable housing, as opposed to limiting normal housing and increasing the prices of homes by limiting supply. F. Council considered affordable housing development fee subsidies as part of the Affordable Housing Program and decided on an appropriate level of support based on local conditions and resources. Council is free to consider and act on any suggested, including the suggestion outlined in your email,for revising the amount upward or downward. G. Requiring low maintenance features may be too restricted. It could add another requirement on Duane Roberts- Re: Comp Plan Amen.nt for Affordable Housing • Page 2 411 affordable housing. H. Why should this be done to affordable housing only? This would cause affordable housing to meet a standard that would greatly increase costs. Existing residents have not provided enough park space to meet City level of service standards. Does this mean only the "newcomers" are required to fix this deficit? City maintenance of open space in each development would greatly increase City park maintenance costs. i/Irpin/dr.affordable housing.cpa.response Duane Roberts City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503-639-4171 ext 2444 >>> "John Frewing" <jfrewing @teleport.com> 07/10/04 03:44PM >>> July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004- 00002 regarding a comprehensive plan amendment to facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission in their recommendation to City Council and I would appreciate a brief reply that they indeed have been forwarded and included in the record: A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A. These notes are important in order to determine what alternatives were considered and what input from interest groups may be influencing the city action. For example, has the city sought comments from Habitat for Humanity, who use volunteer labor for significant parts of affordable housing construction? They(their building coordinators) might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their Duane Roberts- Re: Comp Plan en�nt for Affordable Housing _ . Page 3 input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations, but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1, Strategy 1) requires an annual 'land survey. I suggest this strategy be modified to require that this land survey include all the urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered, Tigard should have long record of constructive planning effort for the areas of interest, and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups of manufactured homes (greater than 10) be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year)which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. E In order to assure development of affordable housing throughout the city, I suggest that a policy of the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant(defined to include all of Tigard's urban planning areas) is lacking its share of affordable housing (ie has only one affordable housing development, when other quadrants have 2), only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1% of the annual city budget and in the event that demand exceeds that amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees, traffic impact fees, etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments,landscaping requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels, Tigard should modify its Comp Plan to require that for affordable housing developments, adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. Duane'Roberts- Re: Comp Plan enlint for Affordable Housing _ Page 4'i I Finally, it occurs to me that we need a good working definition of'affordable housing'. Is it the use of government subsidy, or is it rental value, or is it some tax status, or?? I happen to think that Metzger already has a good amount of affordable housing, not counted in any existing 'system' of government accounting. Staff should provide a real definition for inclusion in the proposed amendment. Sincerely, John Frewing • • 4 REQUEST FOR COMMENTS CITY of TIGARD Community cDeve(opment Shaping Better Community DATE: May 28,2004 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Duane Roberts,Associate Planner(ext.2444) Phone: (503)639-4171/Fax: (5031684-7297 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 ➢ AFFORDABLE HOUSING CODE AMENDMENT Q REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Title 7 & 8. Attached are the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [IUNEt11 °2004. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE THE FOLLOWING;ITEMS;THAT APPLY:.Y µ:" n := ✓ We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Name of Person(s) Commenting: o,WGle- I Phone Number(s): 11$ ?.5z0 I I • • REQUEST FOR COMMENTS CITY OF TIGARD Community DeveCopment Shaping Better Community DATE: May 28,2004 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Duane Roberts,Associate Planner[ext.24441 Phone: [503)639-4171/Fax: [503]684-1291 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 > AFFORDABLE HOUSING CODE AMENDMENT Q REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Title 7 & 8. Attached are the Proposed Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: UUNE°'=11200 . You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING THAT APPLY: :gx ;"< We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Name of Person(s) Commenting: IPhone Number(s): I 4 STY OF TIGARD REQUEST FOSOMMENTS n/� /NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT fAPPLICATIONS J FILE NOS.: (./° OO4')OOi - FILE NAME: -4- i AZz. -tda mi6 eo 4; ,., ,, ,. : CITIZEN,INVOLVEMENT;TEA MS A /U . .,; 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: E'ntral Eliast [ outh 'Yr/Vest I21Proposal Descrip.in Library CIT Book rr r�,. . '-' 'b,,. z...CITYOFFICES-` - : ',1.::,:i.,;,1-,' .::'., .,. 14t. LONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. /POLICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer_PUBLIC WORKS/Matt Stine,Urban Forester 7/PLANNER CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/Brian Rager,Engineering Manager –POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! • SPECIAL-DISTRICTS ' 9 ,- .•1. - — TUAL.HILLS PARK&REC.DIST.*/ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 -°a; -..� >,,. . : ;{:- , • <: LOCAL;°AND`STATE-JURISDICTIONS:: 'V, (. 'a ` r_!• ±. CITY OF BEAVERTON• _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Melinda Wood(WLUN Form Required) _ Irish Bunnell,Development Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE — CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource Center(zCA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 Paulette Allen,Growth Management Coordinator 1L.,OR.DEPT.OF LAND CONSERV.&DVLP_Kathryn Harris 37 Mel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(Comp.Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powenines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transportatic Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Steve Conway(General Apps.) Lake Oswego,OR 97034 Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * 21 Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Marah Danielson,Development Review Coordinator / Doria Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Toland, Right-of-Way Section(vacations) ..: =STCartographer(cPAacA)MS14 1900 SW 4th Avenue,Suite 4100 : 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY 1 ODOT,REGION 1 -DISTRICT 2A _ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(WCCCA)°e11"(monopa.Twvrs) Jane Estes,Permit Specialist (Notify If ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 5440 SW Westgate Drive,Suite 350 Craig Reiley (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13th Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 s4 = UTILITY PROVIDERS'AND SPECIAL AGENCIES _`. ,:` ' ,,, '`' PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) — Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Randy Bice is.e Map fa Area Collect) (If Project is Within%Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 —PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 —TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. —COMCAST CABLE CORP. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev(See Map ice Area Cants() Diana Carpenter(Apps Ev(HevN Crsew) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\pattyvnasters\Request For Comments Notification List.doc (UPDATED: 12-May-04) (Also update:1:\curpin\setup\labels\annexation_utilities and franchises.doc'when updating this document) YLANNIN&- 3Ec SETA KY MATER I A LS • • - AFFIDAVIT OF MAILING °= CITY OF TIGARD Community Development Shaping Better Community I, Patricia L.Lunsfort4 being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of7igarWashington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) © NOTICE OF FINAL ORDER FOR:ii. CPA2004-00002/AFFORDABLE HOUSING CODE AMENDMENT ❑ AMENDED NOTICE (File No.Mame Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission (7/19/2004) ® Tigard City Council (8/24/2004) A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B",and by reference made a part hereof, on August 31,2004 and deposited in the United States Mail on August 31,2004, postage prepaid. / ii>2 / . 4 • irP(/ (Pers.- at P p. -• otice) i STATE OT Qs Cry trr of� )ss ooJ�'��rr'gg II I\ Subscribed and sworn/affirmed before me on the l I — day of Q n OL_ , 2004. �^ OFFICIAL SEAL SUE ROSS 1-7:`:74 i.. NOTARY PUBLIC OREGON COMMISSION N0.375152 �j��,� l MY COMMISSION EXPIRES DEC.1,2007 C �/ NOTARY tIC OF OREGON My Co is on Expires: / a--(-07 r i • EiIBIT, /A 120 DAYS = NIA CITY OF TIGARD Community Devefopment Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: COMPREHENSIVE PLAN AMENDMENT(CPA) 2004-00002 Case Name: AFFORDABLE HOUSING CODE AMENDMENT Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, Oregon 97223 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. 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 DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 19 2004 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON AUGUST 24, 2004 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 &8. 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 The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS�rISTHE.F.INAL'DECIS'IONBY>THE CITY ANDY" BECOMES EFFECTIVE ONYS.EPTEMBER23, 20,04 =";r .- The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, 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) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO. 04-- AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME II OF THE TIGARD COMPREHENSIVE PLAN. WHEREAS, the City of Tigard finds it necessary to revise Chapter 6 of the Tigard Comprehensive Plan Findings,Policies and Implementation Strategies, Volume II; and WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 2004, regarding amendments to the housing chapter; and WHEREAS, these amendments are those included in Comprehensive Plan Amendment (CPA) 2004- 00002; and WHEREAS, the proposed amendments are designed to promote the dispersal and facilitate the maintenance of affordable housing within the community; and WHEREAS, the amendments reflect pre-existing actions taken by the City in recent years that have not, as yet,been incorporated into the Comprehensive Plan; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council approval of the proposed amendments shown in Exhibit"A"; and WHEREAS,the City Council held a pubic hearing on August 24, 2004, to consider the amendments, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit"B"). SECTION 2: The specific text amendments attached to the Ordinance are hereby adopted and approved by the City Council. SECTION : 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 afia UO' vote of all Council m tubers present after being read by number and title only, this a L/ day of A"- / , 2004. "/ZLZ)VlrC., ire McGarvin,Deputy City Recorder ORDINANCE No. 04- j Page 1 " • • • APPROVED: By Tigard City Council this 7 I-Aclay of A-1. y G , 2004. Craig D. en, Mayor Approved as to form: / Attorney 2' et` 4-- Date ORDINANCE No. 04-07 Page 2 • • Bold addition Cfesseut deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. • • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land): 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: • • a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; c. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, private non-profit housing corporations, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 11. The City shall encourage maintenance of a sufficient regional residential land supply. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. I , • POLICY 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULATIONS. IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to structure—and site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage private property owners to comply with all nuisance and structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. 4:6 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. i/Irpn/dr/6 • • EXHIBIT •8j John Frewing CPA2004-00002 7110 SW Lola Lane AFFORDABLE HOUSING CODE AMENDMENT Tigard, OR 97223 Lisa Hamilton-Treick 13565 SW Beef Bend Road Tigard, OR 97223 Henry Kane 12007 SW Camden Lane Beaverton, OR 97008 taAl Li,insford - Re: 8/24/04 sign-in sh Page 1 From: Jane McGarvin To: Patty Lunsford Date: Monday,August 30, 2004 12:34:55 PM Subject: Re: 8/24/04 sign-in sheets The following Testified on Affordable Housing John Frewing, 7110 SW Lola Lane, Tigard, OR 97233 - only one who signed the sign-up sheet Others who testified: Lisa Hamilton-Treick, 13565 SW Beef Bend Road, Tigard, OR 97223 Henry Kane, 12007 Sw Camden Lane, Beaverton, RO 97008 Jane >>> Patty Lunsford 08/30/04 12:20PM >>> Did anyone speak or sign-in at the 8/24/04 public hearing for item No. 5, the housing Comprehensive Plan Amendment? If so, will you please provide me with a copy of the sign-in sheet. Thank you. Patricia Lunsford, Planning Secretary City of Tigard, Oregon (503) 639-4171, ext. 2438 patty(a�ci.tigard.or.us • • Form 2 LCD NOTICE OF ADOPTION o a form must be mailed to DLCD within 5 working days after the final decision C:::9 O per ORS 197.610 and OAR Chapter 660- Division 18 (See reverse side for submittal requirements) C2) Jurisdiction: City of Tigard Local File No.: CPA2004-00002 (If no number,use none) Date of Adoption: August 24, 2004 Date Mailed: August 31, 2004 (Must be filled in) (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: May 25, 2004 (55 days) X Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment Land Use Regulation Amendment — Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." Amend Chapter 6 (Housing) of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 (Affordable Housing) compliance. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." The adopted amendment includes the following addition: 6.1.11 "The City shall encourage maintenance of a sufficient regional residential land supply." Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 2 and 10. Was an Exception adopted? Yes: _ No: X DLCD File No.: Form 2 • • - Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: _ If no, do the Statewide Planning Goals apply? Yes:_ No: If no, did The Emergency Circumstances Require immediate adoption? Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: Metro, DLCD Local Contact: Duane Roberts Area Code + Phone Number: 503-718-2444 Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660-Division 18 • 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes,Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.French a(�state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST. • • Attachment 1 CITY OF TIGARD, OREGON ORDINANCE.NO. 04-4 AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME II OF THE TIGARD COMPREHENSIVE PLAN. WHEREAS, the City of Tigard finds it necessary to revise Chapter 6 of the Tigard Comprehensive Plan Findings,Policies and Implementation Strategies, Volume II; and WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 2004, regarding amendments to the housing chapter; and WHEREAS, these amendments are those included in Comprehensive Plan Amendment (CPA) 2004- 00002; and WHEREAS,the proposed amendments are designed to promote the dispersal and facilitate the maintenance of affordable housing within the community; and WHEREAS, the amendments reflect pre-existing actions taken by the City in recent years that have not, as yet,been incorporated into the Comprehensive Plan;and WHEREAS, the City of Tigard Planning Commission,voted unanimously to recommend Council approval of the proposed amendments shown in Exhibit"A"; and WHEREAS,the City Council held a pubic hearing on August 24,2004, to consider the amendments, NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit"B"). SECTION 2: The specific text amendments attached to the Ordinance are hereby adopted and approved by the City Council. SECTION : 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 Cal of all Council m tubers present after being read by number and tit e only, this ,Q L/ day of , 2004. , ".../21—,41)//11‘1, / e McGarvin,Deputy City Recorder ORDINANCE No. 04- j Page 1 " • • APPROVED: By Tigard City Council thiso 7 /Sday of ,fhU G , 2004. Craig D' en,Mayor Approved as to form: Attorney 2- et d Date • • • ORDINANCE No. 04-07 Page 2 • • • Bold addition Orassoot deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. • • • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: • • a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; c. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, private non-profit housing corporations, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 11. The City shall encourage maintenance of a sufficient regional residential land supply. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. • • POLICY 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • • • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULATIONS. IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to structure and site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage •. private P rop e rt Y owners to comply with all nuisance and structural ordinance. s, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. 4-6 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. i/Irpn/dr/6 • • Q, U.S. Postal Service r,_ CERTIFIED MAIL RECEIPT D (Domestic Mail Only; No Insurance Coverage Provided) m N OFFICiAL USE m Postage $ /, ■ O A+ r'A oCertified Fee 3 lJ -,---��.•0 ,, zA per„, Return Receipt Fee Q caw -a (Endorsement Required) / if-,1 .7b ica Restricted Delivery Fee ` { Ii/c31 11 C] (Endorsement Required) \ ti � ,'; r u Total Postage&Fees $ "r V'j ,�3 v\:,._c• o SentTo r- 'ATTN: PLAN AMENDMENT SPECIALIST street,ApLNaOregon Dept. of Land Conservation & Deve ' or P0 BoxNo1635 Capital Street NE, Suite 150 City,Mats 241P OR 97301-2540_ _ _ - PS Form 3800 A.ril 2002 See Reverse for Instructions I 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY — • Complete items 1,2,and 3.Also complete A. Signature i, item 4 if Restricted Delivery is desired. 0 1 nt • Print your name and address on the reverse X , + ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ' or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 11. Article Addressed to: If YES,enter delivery address below: ❑ No 1 ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept. of Land Conservation & Devel 635 Capital Street NE, Suite 150 3. Service Type Salem, OR 97301-2540 III Certified Mail ❑ Express Mail i"r ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. r 4. Restricted Delivery?(Extra Fee) ❑Yes } 2. Article Number 7002 0860 0003 4637 5979 (transfer from service label) . PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 • • U.S.Postal Service ' co CERTIFIED MAIL RECEIPT IT .(Domestic Mail Only; No Insurance Coverage Provided) N ' L S E m Postage $ c U CI OCertified Fee 3U , "• T+9, al Return Receipt Fee / 1 S� ° ��rp�H�\ d (Endorsement Required) / ECG O .13 Restricted(Endorsement Required) 'ti Total Postage a Fees $ � 4�, \ m l Sent To 1` 'Metro Street,Apt.No.; ATTN: LAND USE & PLAN N ING or P0 Box No. 600 NE Grand Avenue Clq.State,Z/P+4 Portland, OR 97232-2.736 PS Form 3800 A ril 2002 See Reverse for Instructions ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature ❑Agent item 4 if Restricted Delivery is desired. ! -�� ■ Addressee • Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed•Name) C. Date of Delivery • Attach this card to the back of the mailpiece, -��F�;,°"g or on the front if space permits. �' ' -U°Y�� D. Is delivery"address differer'fr'or\item 1? ❑Yes i 1. Article Addressed to: /','C ^. 'A If YES,enter delivery address low: ❑ No G,0 ' Metro "; no �' ATTN: LAND USE & PLANNING 600 NE Grand Avenue 3. Service Type Portland, OR 97232-2736 rig Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5986 (Transfer from service Iahe0 PS Form 3811,August 2001 Domestic Retum Receipt 102595-02-M-1540 • • . U.S. Postal Service ru ,.n CERTIFIED MAIL RECEIPT D' (Domestic Mail Only; No Insurance Coverage Provided) u7 P- -1110FFICIAL usE m Postage $ ‘C.J ci Certified Fee ,.?j C� (--r. CJ �Z- o NPastmarkc.3 O Return Receipt Fee / y Flom (Endorsement Required) 1 i �n 31 , 1 co Restricted Delivery Fee kt~ tt''�nl v m (Endorsement Required) / C7 Ng t3 Total Postage&Fees $ L/6 �c� mss• ru I= O Sent To N ;ODOT—Region 1, District 2-A Street Apt.No.; (Jane Estes, Permit Specialist orPOBoxNo. 15440 SW Westgate Drive, Suite 350 clty,State'zIP+4 Portland, OR 97221-2414 _ _ PS Form 3800 A.ril 2002 See Reverse for Instructions Fo err( I • • MAD D NOTICE OF PROPOSED AMENDMENT 1' his m must be received by DLCD at least 45 days prior to the first evidentiary he 'n per ORS 197.610, OAR Chapter 660-Division 18 CP and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: CPA2004-00002 (If no number,use none) Date of First Evidentiary Hearing: July 19, 2004 Date of Final Hearing: August 24, 2004 (Must be filled in) (Must be filled in)) Date Mailed: May 25, 2004 (55 days) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? _Yes X No Date: X Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment Land Use Regulation Amendment Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." Amend Chapter 6 (Housing) of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 (Affordable Housing) compliance. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 1, 2, 10 Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: Metro, DLCD Local Contact: Duane Roberts Area Code + Phone Number: 503-718-2444 Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip Code + 4: 97223-8189 DLCD No.: . . SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610, OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE,SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT—Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper onlv8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.French o[7.state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. y • • Bold addition Crosseut deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • , The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. • • • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. .. . — ee - . . 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: • • • a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; c. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. POLICY • • • 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those • • incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULATIONS. IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by the Washington County' Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to stnicture--and site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage private property owners to comply with all nuisance and structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. • • 46 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. i/Irpn/dr/6 • • • U.S. Postal Service 0- CERTIFIED MAIL RECEIPT co (Domestic Mail Only; No Insurance Coverage Provided) U 7.11.1111.1111=1.11111.1111111.1111.1111 trI N -13 C) I A L USE ITt Postage $ , 3 4: \ DD Certified Fee iJ(. 3 0 •E' Return Receipt Fee -� Postmark (Endorsement Required) /. , Here�i ;' Restricted Delivery Fee _ 4t • D (Endorsement Required) r �.4._ nJ Total Postage&Fees $ D I Sent TO PLAN AMENDMENT SPECIALIST Street,A Oregon Dept. of Land Conservation & Devel c"'B°1635 Capital Street NE, Suite 150 city,StatiSalem, O R 97301-2540 PS Form 3800 Aril 2002 See Reverse for Instructior — — SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si.nature / / ICJ Agent item 4 if Restricted Delivery is desired. X • • Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. to of Delivery • Attach this card to the back of the mailpiece, 5/119'6/6 • or on the front if space permits. l D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ,'ATTN: PLAN AMENDMENT SPECIALIST. Oregon Dept. of Land Conservation & Develi 635 Capital Street NE, Suite 150 3. Service Type Salem, OR 97301-2540 XCertified Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5894 (transfer from service label) - - 1 PS Form 3811,August 2001 Domestic Return Receipt 1o2595.02-M-1540 • • U.S.Postal Service ,.1 CERTIFIED MAIL RECEIPT 0' (Domestic Mail Only; No insurance Coverage Provided) u1 N 2 OFFICIAL �7 x "y w� rr► Postage $ , 3 / �r �� ,--' C1 Certified Fee • • esia- im , (Endorsement equired) . ( i r ,� postmark—=, • \ Hera ca Restricted Delivery Fee C( Q 1=3 (Endorsement Required) ru Total Postage a Fees $ 9 L(GL O O Sent ro Me ro 'ATTN: LAND USE & PLANNING Street,Apt.No.; ofPOBoxNo. f 600 NE Grand Avenue city,State,ZIP+4Portland, OR 97232-2736 PS Form 3800 A. .. -- _ tructions • • • — -- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I • Complete items 1,2,and 3.Also complete A. S'.nat : item 4 if Restricted Delivery is desired. X Agent • Print your name and address on the reverse / Addressee so that we can return the card to you. B. Received by(Printed Tine) C. Date of Delivery • Attach this card to the back of the mailpiece, L-[ a US g �� or on the front if space permits. D. Is delivery address different from item 1 ❑ es • 1. Article Addressed to: If YES,enter delivery address below: ❑ No Metro ATTN: LAND USE & PLANNING 600 NE Grand Avenue 3. Service Type Portland, OR 97232-2736 N.Certified Mail ❑Express Mail • ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 4637 5917 (Transfer from service label) , PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 . • • o U.S. Postal Service o CERTIFIED MAIL RECEIPT E' (Domestic Mail Only; No Insurance Coverage Provided) N # C g H id O. IT)O Postage $ . 3 -7 �, j 1�`�y 0 Certified Fee 3—)c) Yc \-T. 4br. = G2 � a0 Return Receipt Fee r +t i , , (Endorsement Required) (- 1 1-�` cA Here 03 Restricted Delivery Fee A' 1 i�S) ' r 0 (Endorsement Required) \,.t• . , ru Total Postage&Fees $ y (472_,__ ' ` �'' \' N Sent To !ODOT— Region 1, District 2-A street,Apt.Raj Jane Estes, Permit Specialist _,_, or PO Box No. i 5440 SW Westgate Drive, Suite 350 City,State,zIP Portland, OR 97221-2414 PS Form 3800 .• .. ee •everse or Instructions — — — SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature I. � item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse /6,Z ,ck,X----- ❑Addressee so that we can return the card to you. B. Received by(Pri.--. ..:8S C. Date •f Delivery • Attach this card to the back of the mailpiece, f—� or on the front if space permits. - A D. Is delivery a different from it ti ? ❑ es 1. Article Addressed to: r1 If YES,ent & livery aad o cn T ❑No Q ci dA 2 .7 ' ODOT— Region 1, District 2-A 40 c' u5? , Jane Estes, Permit Specialist • 5440 SW Westgate Drive, Suite 350 3. Service Type j Portland, OR 97221-2414 Pit Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from servicelabeq , 7002 0860 0003 4637 5900 i PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-154o .I( • ' , • • COMMUNITY NEWSPAPERS Legal P.O. BOX 370 PHONE (503)684-0360 LeNogtice TT 10 4 41 BEAVERTON, OREGON 97075 • Legal Notice Advertisina The following Will be:.considered by the Tigard Planning • City of Tigard Conimission on Monday'July.19, 2004 at 7:00 PM at the Tigard 1312 5 SW Hall Blvd. Civic Center Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. • Tigard,Oregon 97223 The,purpose of the Planning Commission's review is to make a Payable recommendation to the City Council. The Council will also hold a Accounts Pa y public hearing on the request prior to making a decision. • Both public oralor'written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted by the Council and. available at City Hall or the rules of procedure set forth in •Seotiori:I8'.390,060.E and ORS Chapter 197. .. AFFIDAVIT OF Pl. Further information may be obtained from the Planning Division STATE OF OREGON, ) (staff contact:. Duane Roberts) at 13125.SW'Hall.Blvd.; Tigard, COUNTY OF WASHINGTON, )SS. :Oregon 97223;or by calling 503-639-4171. PUBLIC HEARING ITEM: ■ I, Kathy Snyr3 P r .COMPREHENSIVE.PLAN AMENDMENT(CPA)2004-00002' I.• being first duly sworn, depose and say tha. 'PAFFORDABLE HOUSING CODE AMENDMENT Director, or his principal clerk, of the Ti ga. REQUEST: The City of Tigard proposes to amend Chapter 6, a newspaper of general circulation as deft • ,Housiiig,of.Volume II of the Tigard Comprehensive Plan in order • and 193.020; published at Tigard , to faciff fate the provision of affordable housing within the community aforesaid county and state:, that the Pub1 :;,andvtdoprovideiadditiorial,evidence;of Metro Title:7 compliance, CPA2004-00002 ,A fordable H, tyw ri,,, '-'`':'i 'r' l � {iL(1CATION: ICi, ides- ZONE:: N/A'. :::: ` a printed copy of which is hereto annexed, .. ..;APPLICABLE REVIEW CRITERIA: .Community.: entire issue of said newspaper for ONE Development Code Chapters 18.380 and 18.390; Comprehensive "Plan Policies 1',2,'6 and 12;Statewide Planning Goals 1,2 and 10; consecutive in the following issues: and Metro Functional Plan Titles 1,7 and 8. T17.10441 —Publish July 1, 2004.: - July 1, 2004 - - 1COF L't-Mjci_52"-- Subscribed and sworn t befo a me this 1st day of July, 2004 ;r- OFFICIAL SEAL 600 .' "'" ROBIN A BURGESS ,,,� %��I�Dtd Public for Oregon '.R:.r NOTARY PUBLIC-OREGON ry g \ COMMISSION NO.3445ti My Commission Expires: �MMISSION EXPIRES MAY 16, 'I AFFIDAVIT • ). • • .A AFFIDAVIT OF MAILING ...Iv CITY OF TIGARD Community Deve(opment Shaping/1 Better Community I, Tatri a L. Lunsfon4 being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of 7igarashington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ® NOTICE OF PUBLIC HEARING FOR: CPA2004-00002/AFFORDABLE HOUSING CODE AMENDMENT (File No./Name Reference) HEARING BODY: HEARING DATE: City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission (7/19/2004) Tigard City Council (8/24/2004) A copy of the said notice being hereto.attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B",and by reference made a part ;hereof, on lune 29,2004,and deposited in the United States Mail on lune 29,2004,postage prepaid. '' _/ (Person th. • -pared . Ice) STATE OF OWECo iy jmgto n ss Cry el g� x.11'1 Subscribed and sworn/affirmed before me on the I L day of AU , 2004. f?��, OFFICIAL SEAL .;•. r SUE ROSS ` NOTARY PUBLIC-OREGON \''��+ COMMISSION NO.375152 MY COMMISSION EXPIRES DEC.1,2007 , NOT. ' i iC O 0 EGON My Co scion Expires: I a- ( -0 NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: EXHIBIT.EL-. A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. '"I�I� CITY OF TIGARD Community Development SkapingA Better Community CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, JULY 19, 2004 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, AUGUST 24, 2004 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: FILE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 FILE TITLE: AFFORDABLE HOUSING CODE AMENDMENT APPLICANT: City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8. THE PLANNING COMMISSION'S REVIEW IS FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THIS REQUEST. THE CITY COUNCIL WILL ALSO CONDUCT A HEARING ON THIS REQUEST PRIOR TO MAKING A DECISION ON THIS REQUEST. THE PUBLIC HEARINGS ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICE•RE AVAILABLE FOR PERSONSOTH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION AND CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION OR CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION OR CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT. THE STAFF PLANNER DUANE ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. • • *.. y.. Barry Albertson Josh Thomas EXHIBIT 15445 SW 150th Avenue 10395 SW Bonanza i Tigard, OR 97224 Tigard, OR 97224 " ° A -- Brooks Gaston Tim Esau 3206 Princess PO Box 230695 Edinburg, TX 78539 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue • Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Michael Trigoboff 13085 SW Howard Drive 7072 SW Barbara Lane Tigard, OR 97223 Tigard, OR 97223 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 Kristen Miller Alexander Craghead 8940 SW Edgewood Street 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen David Chapman 10335 SW Highland Drive 9840 SW Landau Place Tigard, OR 97224 Tigard, OR 97223 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 . • • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirrine 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 • CITY OF TIGARD - CITYWIDE CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 23-Feb-04 1110 0 A, zyte. CITY OF TIGARD Community(Development Shaping A Better Community � � �=�s a..,• .s ��. 11";;;:t4;: s LAND U:SE PROPO-SAL� OESCRi d0 u g : ' 120 DAYS = N/A FILE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 FILE TITLE: AFFORDABLE HOUSING CODE AMENDMENT APPLICANT: City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 & 8. CIT AREA: East/South/Central/West CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ❑ TYPE III ® TYPE IV DATE COMMENTS WERE SENT: JUNE 1,2004 DATE COMMENTS ARE DUE: JUNE 15, 2004 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ®PLANNING COMMISSION (MON.) DATE OF HEARING: JULY 19. 2004 TIME: 7:00 PM ®CITY COUNCIL (TUES.) DATE OF HEARING: - AUGUST 24. 2004 TIME: 7:30 PM ❑STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ❑ VICINITY MAP ® PROPOSED AMENDMENTS ❑ ARBORIST REPORT ❑ SITE PLAN ® DLCD NOTICES ❑ TRAFFIC IMPACT STUDY ® NARRATIVE ❑ GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Duane Roberts, Associate Planner (503) 639-4171 Ext. 2444 • I PRE-APR HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 yt11A 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File# CPA x001 —(3' o Other Case# Date 5.-b-c toy By qls Receipt# /V//q" City. LiJ Urb 2 Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑Zone Change (III) IK Comprehensive Plan Amendment(IV) ❑ Planned Development(III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCA HON WHERE PROPOSED AC IIVI fY WILL OCCUR(Address it available) C—/ 741 — d� TAX MAP& INK LO I NOS. 10 IAL SI I E SILE CONING CLASSIFICATION APPLICANT' ■ / L 0.7 / /f 4 '- c/ MAILING ADDRESS/CI I Y/S I A I E/LIP / Z-� �J ��G 7/ �L LG�, / / �i' �i r .�� 0 77 d E PHONE NO. FAX NU. / PRIMARY CONTACT PERSON PHONE NO. /J4-7 4 h sz.._ / 71-1-- � �3 -- PROPER I Y OWNER/DEED HOLDER(Attach list It more than one) A / AL MAILING ADDRESS/CI I Y/S I A I E/LIP PHONE NO. FAX NO. *When the owner and the applicant are different people, the applicant must be .-lap of record or a lessee in possession with written authorization from the owner or an agent of the owner. Theners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY MARY(Please be specific) /1 /'-j /'h -Q--rl (---1 6p -� r- G M `+ze S U 1/ 'r+-�x C!l v f�- c' ,-rs_ L� , c.�.-� /, /7/ / p- .74 Ze c_ /,-/-6 / - pry i r-" r7e241)., Q 4 'et/ c. ci r /f 7 vj =. / Q_ `—, c/ � /� v .7- /�L �, �t r-� APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. • . THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date / 2 ,)// 0 7 o Applicant/Agent/Re e - tative's Signature Date • • • CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic submittal requirements for a land use application. BASIC INFORMATION: ❑ Completed Master"Land Use Permit"Application with property owner's signature or name of agent and letter of authorization ❑ Title transfer instrument or grant deed ,0' Written summary of proposal J21 Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ❑ Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). 71 Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision, Conditional Use, Sensitive Lands Review, Zone Change,-Comorehensive Plan Amencimertts. ) Neighborhood Meeting Affidavits of Posting & Mailing Notice, Minutes, Sign-in Sheets ❑ Service Provider Letter ❑ Impact Study per Section 18.390.040.B.2.(e) gr Copy of the Pre-Application Conference notes ❑ Filing Fee(see fee sc e u e PLANS REQUIRED: In addition to the above basic information, each type of land use application will require one or more of the following maps or.plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION.(See separate attachment for details on what information to include on each plan): ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings (elevations&floor plans) ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan NUMBER OF COPIES REQUIRED: The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO MAKE YOUR APPLICATION SUBMITTAL COMPLETE. h:\patty\masters\application submittal requirements.doc • UPDATED: 26-Jun-02 , . ti • Amendments to Chapter 6 (Housing), Volume II of the Tigard Comprehensive Plan APPLICANT: City of Tigard 12135 SW Hall Blvd. Tigard, OR 97223 APPLICANT STATEMENT: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of The Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. In 2001, Metro adopted Title 7, "Housing and Affordable Housing", as an amendment to the Urban Growth Management Functional Plan. This title requires local jurisdictions to adopt comprehensive plan amendments aimed at encouraging the provision of affordable housing and to consider a variety of techniques to meet regional and local affordable housing needs. Subsection 3.07.730.A.2, states that: A. Cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: 2. Include in their plans actions and implementation measures designed. to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. - The City's proposes to amendment Chapter 6 of the Tigard Comprehensive Plan: Findings, Policies & Implementation Strategies, Volume II, to add implementing measures designed to address affordable housing stock maintenance and affordable housing dispersal. These amendments respond to a Metro evaluation of Tigard's Title 7 compliance contained in the Updated Metro Evaluation of Local Government Title 7 (Affordable Housing) Compliance Reports, dated December 18, 2003. A draft copy of the City's proposed comprehensive plan emendation is attached. Proposed additions are highlighted in bold. Proposed deletions are indicated by strikeouts. All of the implementation measures proposed as additions are pre- existing actions taken by the City. An exception is the housing subsidy program guideline giving special consideration to projects that facilitate the dispersal of affordable housing within the City. • • PRE-APPLICATION CONFERENCE: A pre-application conference with city staff was conducted on May 18, 2004. A copy of the official pre-application notes are attached. NEIGHBORHOOD MEETING: The proposed amendments were discussed at Planning Commission workshops held on April 19 and 26, 2004. The Citizen Involvement Team Facilitators, which serves as Tigard's official committee for Citizen Involvement (Policy 2.1.2.c), on May 20, 2004, discussed the proposed amendments and potential opportunities for public involvement related to their consideration. As recommended by the committee, the amendments have been posted on the official City webpage and included in the Community Connectors newsletter along with an explanation of the changes and their significance written in plain language. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 10; Tigard Comprehensive Plan Policies 2, 6, and 12; and Community Development Chapters 380 C./7 � e ion a/ /2/ a/0.1 7 0- `S Goal # 1: Develop a citizen involvement program that ensures the opportunity for citizens to get involved in all aspects of the planning process. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal will be met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice will published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will welcome. Prior to the submittal of the Land Use Application containing the proposed amendments, the amendments were considered at Planning Commission workshop meeting held on April 19 and 26, 2004. Additionally, the text of the amendments and a summary of their contents, written in plain English, were published in the City of Tigard home page. Goal # 2: Establish a land use planning process and policy framework as the basis of all land use decisions and actions, and ensure an adequate factual data base to substantiate those decisions and actions. This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive • • Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Goal # 10: Provide adequate housing for the needs of residents of the community, State, and visitors. The Tigard Comprehensive Plan has been acknowledged at meeting this statewide goal. The proposed amendments carry out the guidelines of this goal with respect to facilitating affordable housing, particularly with OAR 660-015-0000(10), B.2.(b), which states that plans should take into account the effects of utiltizing financial incentives and resources to bring into compliance with codes adopted to assure safe and sanitary housing the dwellings of individuals who cannot on their own afford to meet such codes. Two Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider housing and employment targets established for Tigard. The provisions required in this title are included in the Tigard Comprehensive Plan. Effective measures have been taken to reasonably assure that the calculated capacities will be built for dwelling units and job. The present amendments are intended to address the additional requirements of Title 7 (Affordable Housing) of the Metro functional plan. Title 7: Regional policy designed to ensure efficient use of land, adequate land for residential development, and affordable housing strategies and production goal for meeting the housing needs of this region. Title 7 is the subject of the present application. The Title recommends changes to City and County policies related to affordable housing. It also establishes mandatory requirements that local governments must undertake as part of Metro's regional planning effort. The proposed amendments are designed to meet comprehensive plan requirements related to affordable housing dispersal and maintenance identified as "outstanding" in Metro's report evaluating Tigard's Title 7 compliance. • • TCP Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The proposed amendments were discussed at Planning Commission workshops held on April 19 and 26, 2004. The Citizen Involvement Team Facilitators, which serves as Tigard's official committee for Citizen Involvement (Policy 2.1.2.c), on May 20, 2004., discussed the proposed amendments and potential opportunities for public involvement related to their consideration. As recommended by the committee, the amendments have been posted on the official City webpage and included in the Community Connectors newsletter along with an explanation of the changes and their significance written in plain language. In addition, two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input is welcome. TCP Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involved a broad cross-section of the community. b. Where appropriate, other involvement techniques will be used. In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was provided to the Community Involvement Committee (CCI) and an amendment public information process appropriate the proposed code changes was discussed at a regular meeting (CCI). An attempt was made in the written and oral notices to explain the amendment in plain English. TCP Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. This policy was address previously in this report. TCP Policy 6.1 .1: The City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. 7 ` • The proposal amends 6.1.1 to include additional strategies to support affordable housing dispersal. The changes are consistent with the finding that "Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself." TCP Policy 6.5.1: The City shall require that all housing units be: b. Maintained in a manner which does not violate the City's nuisance ordinance. The amendments contain provisions intended to enhance the maintenance of the City's existing housing stock. Specifically, Implementation.measure 3, under 6.5.1 provides that in order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a housing inspector to administer it. TCP Policy 12:1.1: The City shall provide for housing densities in accordance with: a. Applicable plan policies; b. Applicable location criteria; and c. Applicable Community Development Code provisions. The present amendments do no propose to amend existing plan policies, location criteria, or code provisions related to density. i/I rpn/Title7.CPA.statement • • Bold addition Crossout deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. • • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. /1. The Tigard Community Development Code shall allow for manufactured homes in manufactured home parks and subdivisions, within specified zoning districts. 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: • • • a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; c. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. POLICY • • • • 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those • • incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULA TIONS.ORD I NANCE IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to structure and site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage private property owners to comply with all nuisance and structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. • • • 4.6 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. i/Irpn/dr/6 • Pre application notes for City of Tigard To change the Comprehensive Plan text to promote affordable housing in accordance with METRO's Title 7 requirements May 18, 2004 STAFF PRESENT: Morgan Tracy APPLICANT: City of Tigard AGENT: Duane Roberts • PROPERTY LOCATION: Citywide TAX MAP/ LOT#'s: N/A PROPOSAL DESCRIPTION: Comprehensive Plan amendment to update the City's policies with regard to affordable housing pursuant to METRO's Title 7 requirements. COMP PLAN DESIGNATION: Residential, Commercial, and Mixed Use zones ZONING: All but IP, IL, IH CITIZEN INVOLVEMENT TEAM: All NEIGHBORHOOD MEETING A neighborhood meeting is not required for the text change. NARRATIVE Include a narrative that responds to the applicable criteria. Most applicants for text amendments have a professional land use consultant prepare the narrative. You need to provide background and findings of fact as to why is this amendment necessary, or what public benefit is being promoted? As this is the result of a METRO requirement, you should address how your proposal is satisfying those requirements. Since this is a legislative text amendment to the comp plan, and not a zoning map, comprehensive plan map and/or Title 18 text amendment, you do not need to address the criteria of 18.380.030. It is recommended however that an analysis of the comp plan and development code text be performed to ensure that conflicts are not created. IMPACT STUDY 18.390 No impact study is required for Type IV applications. SUBMITTAL INFORMATION The application shall: a. Contain the information requested on the form; , b. Address the appropriate criteria in sufficient detail for review and action; d. Be accompanied by 18 copies of the narrative. REQUIRED HEARINGS Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a hearing by the City Council is required. REVIEW CRITERIA (note that this list is intended to provide guidance in preparation of your application, and that additional criteria may be identified dependant upon the nature of the specific application, or as other issues are raised. In other words, this is not an exhaustive list of all criteria. It is the applicant's responsibility to ensure that all applicable standards are met.) •18.380.020 •18.390.060 (Type IV process) •Statewide Planning Goals 1, 2, and 10 •Metro Urban Growth Management Plan Titles 1, 7, and 8 •Comprehensive Plan Policies 1, 2, 6 and 12 Decision timeline is generally about 4 months from receipt of a complete application. The 120 day rule is not applicable to legislative changes. PR ARED BY: Morgan Tracy Associate Planner