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Resolution No. 91-41 - CITY OF TIGARD, OREGON RESOLUTION NO. 91-`' A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS OF THE PERIODIC REVIEW ORDER CONCERNING THE STATUS OF TIGARD'S COMPREHENSIVE PLAN AND CODE COHMUNITX. DbVELOPMENT WHEREAS, the City of Tigard has reviewed its Comprehensive Plan and community development code as required by OAR 660-19; and WHEREAS, on April 9, 1990, the Tigard City Council, by consensus, forwarded a proposed Periodic review Order to the Department of Land Conservation and no_elo ens; and -- WHEREAS, the City of Tigard has responded to all issues identified by the Department of Land Conservation and Development in its periodic review notice to the City; and WHEREAS, the City Of Tigard has amended its Comprehensive Plan and Conununity Development Code as necessary to comply with Periodic Review factors. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council does hereby adopt the Periodic Review Final Order as shown in exhibit -A". Section 2: The City Council directs that the Periodic Review Final Order and related Comprehensive Plan and Community Development Code amendments be forwarded to the Director of the Department and Development. o£ Land Conservation PASSED: This - day of 1991 �- ATTEST: Y `City Of Tigard /,,_. City Recorder-City of.Tigard `... RESOLUTION NO. 91-//1 E IT CITY OF TIGARD PERIODIC REVIEW FINAL ORDER INTRODUCTION The State of Oregon, under ORS 197.640, requires the City of Tigard to review its Comprehensive Plan and land use regulations periodically and make changes necessary to keep the plan and regulations in compliance with statewide planning goals and coordinated with plans and programs of state agencies. To accomplish this, Tigard must adopt findings in the form of a local review order that responds to four periodic review factors. This local review order pr- vides findings and identifies amendments to thn City of Tigard's Comprehensive Plan and Community Development Code in order to satisfy the periodic review requirements of ORS 197.640 and OAR 660, Division 19, "Periodic Review". BACKGROUND INFORMATION The City of Tigard Comprehensive Plan and Community Development Code were adopted by Ordinance 83-52 on November 9, 1983. The Plan and Code were subsequently acknowledged by the Land Conservation and Development Commission (LCDC) as being in compliance with statewide planning goals on October 11, 1984. Tigard's Comprehensive Plan and Community Development Code can be open for amendment twice yearly in April and October. Since acknowledgement, the City has adopted several amendments. All adopted plan and code amendments have been submitted to the Department of Land Conservation and Development (DLCD) as q required under OAR 660-18-040 and the City assumes that all amendments are in compilance with atatewide planning coals. The City of Tigard began its periodic review upon receipt of the Periodic Review Notice on May 4, 1989. In October, 1989, the City requested an extension to the periodic review proposed order submittal date. DECD granted an extension to April 30, 1990. Initial public meetings discussing periodic review were held with Neighborhood Planning organizations on May 17, 1989, June 7,1989, June 12, 1989 and June 14, 1989. A workshop with the Tigard City Council and the Planning Commission was held on February 19, 1990. On March 20, 1990 the Tigard Planning Commission reviewed the proposed periodic review order and recommended that the City Council forward it toDLCD as the City's response to the periodic review notice. On April 9, 1990 the Tigard City Council reviewed the proposed order and unanimously agreed to forward it to DLCD. The City has adopted several Community Development Code and Comprehensive Plan amendments in order to bring the City into compliance with periodic review factors. All amendments predicated by periodic review have been reviewed by. appropriate citizen's organizations and processed according t+o procedures identified in State Statutes and Tigard's Community Developm@nt Code. Amendments to Tigard's Comprehensive Plan and Community Development Code have been initiated that bring these documents into compliance with the findings of the proposed periodic review order. These amendments are identified by ordinance number in the final order and are indexed In their entirety in attachment "A E There are four factors under OAR 660-19-055 which must be addressed in the Pe review of Tigard's Comprehensive Plan and Community Development Code. DLCD has identified several questions under the factors which must be addressed at a minimum. The City's findings and conclusions on those factors are as follows. FACTOR ONE SUBSTANTIAL CHANGE IN CIRCUMSTANCE$ E There has been a substantial change in circumstances, including, but not limited to, the conditions, findings, or assumptions upon which the comprehensive plan or land use regulations were based so that the comprehensive plan or land use regulations do not comply with the goals. To determine whether the substantial change in circumstances factor does or does not apply, the City of Tigard's review must contain findings on the following subfactors. A. Unanticipated Developments or Events Major developments or events which have occurred that the acknowledged plan did not assume or anticipate or major developments or events which have not occurred that the acknowledged plan did assume or anticipate. Local periodic review findings must describe any occurrences such as: the construction of or decision not to build a large project like a major reservoir, a regional shopping center, a major energy or transportation facility; a significant change in the local government's natural resource or economic base; significant unexpected population growth; significant consecutive decline in population growth rate; failure or inability to provide public facilities and services in accordance with the plan, etc. DLCD has identified two items which must be addressed under this category as follows_ 1. Evaluate the impacts on Tigard's short-term and long-term development opportunities from the Federal Environmental Protection Agency (EPA) / State Department of Environmental Quality (DEQ) requirements to clean up the Tualatin River. Findings in December of 1986, the Northwest Environmental Defense center filed a suit in the Federal District Court of Oregon against the Administrator of the EPA to require him to ensure that total maximum daily loads of.water quality limiting pollutants be established for the lower Tualatin River as required by Section 303 of the 1972 Clean Water Act. The EPA has designated the DEQ as the agency to implement water quality standards on the lower Tualatin River. 1 2 The DEQ has determined that ammonia and phosphorus are water quality limiting pollutants in the lower Tualatin River. These manifest themselves as contributingto Pollutants algae low oxygen and excessive g growth respectively. The primary source of excess ammonia in the Tualatin River is the Unified Sewerage Agency's (USA's) Rock Creek sewage treatment facility. The USA is constructed additional facilities reduce the problem. that will Sources of phosphorus are the USA's sewage treatment facilities that Put treated effluent into the river and stormwater runoff from both urban and rural areas. The total maximum daily loads for these two pollutants have been determined by the DEQ. The amounts of allowable discharge are diviaed among the groups that contribute to the occurrence of these substances in the Tualatin River, including the City of Tigard, the USA, Washington County, and agricultural sources. The City adopted interim standards for improving water quality as outlined by DEQ on November 6, 1989 (Ordinance 89_27), The interim standards were adopted to require on-site practices for improving the quality of stormwater runoff. These standards will remain in effect at least until a long term plan is developed and adopted. The City is currently cooperating with USA, Washington county and other Cities within the basin in preparation and enactment o£ final Plans to meet water quality gF'.:.=,dz lil Lhe lower Tualatin River. Techniques for improving water quality in the Tualatin basin will include proper maintenance and use of existing stormwater drainage system, public education, wastewater re-use, a ban on sale of detergents containing phosphorus, and development of a water quality moni.toringsystem. Conclusion At this time neither the extent nor types ofwater treatment facilities and/or practices needed to bring water standards into compliance have been fully determined. since projects that will be built in the short term are already in the planning stage the impact will be insignificant if any. However, in the long term, the cost Of land development in the Tualatin River basin will likely increase. Any. increase In development costs attributable to higher water quality standards will be common for all within the Tualatin River Basin, which includes a large portion of Washington County. Impacts on development will depend on the economics of increased development costs in the Tualatin Basin due to water quality practices verses the desirability of the location. Therefore, the long term impacton 3 development opportunity, if any, cannot be determined at this time 1 and no revisions to comprehensive plan policies or development standards are necessary. 2. Evaluate the impacts on the land use plan and implementing measures from the large-scale annexations, including Washington Square, north of the city. Findings There have been two large-scale annexations into Tigard since original acknowledgement of the Comprehensive Plan. The annexation of 385 acres known as the South Metzger (ZCA 20-86) was completed in 1987. The 215 acre Northeast Metzger annexation (ZCA 87-05) was completed in early 1988. The City conducted a study (Urban Services Report for the Metzger area) that found the City of Tigard able to provide an adequate level of urban services to this area without adversely affecting the level of service provided to the existing incorporated area. The residential portion of the annexed area is largely developed. The commercial portion of the annexed area is also highly developed with some notable exceptions in the area of Washington Square. Since annexation, there has been major commercial development at Lincoln Center and Washington circle, immediately north of Washington Square. These developments occurred in areas that had been planned f and zoned for this type Of use prior to annexation. For the developed areas, the level of service has not been diminished and the .newly developed areae have been �u--- Gervices. Ppiiedwith full urban With the exception of two parcels, the annexed areas were within Tigard•s Area of interest and were planned for eventual inclusion within Tigard. Tigard is recognized in its Comprehensive Plan as "...the.logical provider and/or coordinating agency of urban level public services and facilities for all lands within the Tigard Urban Planning Area". Properties In the small area that was not in Tigard•s Area of interest make a logical boundary and were Included at the owners request. These properties have had no substantial effect on the plan or implementing measures. Conclusion The large-scale annexations were of largely developed property and . .were anticipated for inclusion in Tigard by the Urban Planning Area of Agreement with Washington County. Therefore, there are ea substantial impacts on Tigard•s land use plan and implementing measures and no revisions to Comprehensive Plan policies or development standards are necessary- 4 i i MOM- sk B. Cumulative I9ffeot8 Cumulative effects resulting from plan and land use regulation amendments and implementation actions on the acknowledged plan's factual base, map designations, and policies which relate to statewide goal requirements. Findings The City of Tigard has conducted a thorough review of plan and code amendments since acknowledgement. There have been a number of amendments during that t:.me. All amendments were granted in compliance with the acknowledged Comprehensive Plan and reviewed by DLCD to be in conformance with state-wide planning goals. Conclusion Because all amendments to the comprehensive plan were granted in accordance with the comprehensive plan and state-wide planning goals there are no cumulative affects; on the plan's factual base, map designations, and policies relating to statewide goal requirements, therefore, no further amendments are necessary. C. Unfulfilled Plan Policies oversight or a decision by the local government to delay or not carry out plan policies which relate to a statewide goal requirement. Local periodic review findings must describe why, for example, policies in the plan requiring a citizen involvement program evaluation, a revised Inventory of natural hazards, or a date-specific, overall revision of the plan, etc., have not been completed. Findings The City has conducted athorough reviewof its policies that relate to - statewide goal requirements and has determined that there are no policies that have been delayed or not carried out. Conclusion Because there are no policies that have been delayed or not carried out, thisfactor does not apply to the city of Tigard. D. New Information Incorporation into the plan of new inventory material which relates to a statewide goal made. available to the jurisdiction after acknowledgement. Local periodic review findings must list what applicable published state or federal reports have been made available t to the jurisdiction after acknowledgement containing new inventory material, for example, on ground water availability, air quality, big - game habitat, census information, soil surveys, natural hazards, etc.,and describe what steps, including any amendments to the plan's factual base, policies, map designations and land use regulations, have been taken in response to this information. Inventories from several state agencies were identified by the DLCD in Tigard's periodic review notice. No other relevant inventory information is known to be available. The City has obtained and reviewed all listed inventories and finds that this information applies to the plan as follows: Findino8 Oregon Department of Transportation Highway inventory updates: The six-year Highway Improvement Program, 1989 - 1994, dated August 1988 has been reviewed by the City. All applicable information from this inventory is contained in the Public Facilities Plan. Inventory information has been incorporated into the Comprehensive Plan by the adoption of the background report Public Facilities Plan (GOAL 11). Department of Environmental Ouality 1. Annual Air Quality Reports - 1988 . --- Tigard is part of the Portland-Vancouver Air Quality Maintenance Area (AQMA). As such, the City remains in a nonattainment area for carbon monoxide and ozone. There has, however, been improvement in these two areas over the past few years. The Portland-Vancouver AQMA has experienced little change in the level of particulate emissions over the past several years. 2. Hazardous and Solid Waste Report The management of solid waste is a regional issue and as such Tigard's comprehensive plan contains policies that recognize and - support 14ETRO-8 authority and responsibility to prepare: and Implement a solid waste management plan. Tigard. is cooperating with Washington County and other cities in Washington County to develop a plan for transfer and disposal of solid waste. Metro is involved in this planning effort. The three franchised waste haulers operating within Tigard provide curb-side pickup of sorted recyclable material as required by state law. There are no known hazardous waste sites located within the City of Tigard. 6 p I IN RE 3. Sensitive Aquifer Map ( According to the Sensitive Aquifer Map, portions of Tigard overlay a sensitive aquifer. Most of Tigard is served by sanitary sewers and, with limited exceptions, new developments are required to connect to a sanitary sewer. Tigard is supplied with water by the Tigard Water District and the Metzger Water District. Neither of the water districts serving Tigard extract substantial amounts of water from the aquifer underlying the City. Storm drainage facilities to Unified Sewage Agency standards are required of any new developments and are in place throughout most of Tigard. Therefore, the City does not knowingly contribute to the degradation of this aquifer. 4. Water Quality Status Assessment Report (1988) As noted above, most of Tigard is served by sanitary sewer and all new developments must connect to sewer. With the exception of USA's Durham Treatment facility which is regulated by DEQ, there are no known point sources of water pollutants. Non-point pollutants are addressed as part of the drainage plan in the Public Facilities Plan. The plan addresses the new water guallty standards in the Tualatin River basin. Economic Development Department The Oregon Economic Development Department has developed information on state and national trends through the Oregon Economic Trends Project, 1987-1988. This information'was analyzed and pertinent portions were used inthe City's Economic Development Technical Report. Information .from the Oregon Economic Trends Project was incorporated into the Comprehensive Plan through the adoption of changes outlined for. GOAL 9 (Ordinance 91-01). Portland State .University The population in the City of Tigard is estimated to be 29,100 as of July 1, 1990 according to the Portland State University, Center for Population Research and Census. The current population figure will be incorporated in the updated plan at various places. This population is not significantly different than the approximately 29,000 thatwas forecasted in the Comprehensive Plan in 1983 (Vol I figure IV-3)_ .The City finds that there is no reason to revise the projections at this time. Also, since Tigard is generally growing at a rate that was anticipated, no new goals, policies, or regulations areproposed. 7 f ,:omaMm conclusion With inclusion of the Public Facilities Plan and amendments from the Economic Development Technical Report the Comprehensive Plan's factual base is updated. Because population forecast estimates are close to the actual 1990 population projections, it is not necessary to amend comprehensive plan goals or policies. E. New or Revised Statutes Consistency of the plan and land use regulations with new or amended statutes adopted since acknowledgeliient. Local periodic review findings must address new statutes adopted since initial acknowledgement and explain how the plan and land use regulations continue to meet the statutory requirements. ORS 197.295 - 197.313 -- Needed Housing ORS 197.303 states that "needed hc.using" also means: "(a) Housing that includes but is not limited to, attached and detached single-family housing and multiple family housing for both owner and renter occupancy and manufactured homes; and (b) Government assisted housing." Findings and Conclusion The City's comprehensive plan provides for needed housing as defined above in its comprehensive plan as acknowledged in 1984. Single family attached and manufactured homes are allowed outright in all residential. zones. Single family attached homes are allowed outright in the R-7, R- 12, R-25, and R-40 zones and as a conditional use in the R-4.5 zone. Multi-family housing is allowed in the R-12, R-25 and R-40 zones. Therefore, Tigard is in compliance with this statute. ORS 197.295 (4) -- Mobile Home Park Definition A mobile home park is a lot, tract, or parcel with four., or more spaces for rent within 500 feet of one another. .Findings and conclusion Tigard's Community Development Code defines a mobile home park in accordance with the above definition .(18.26.030 page 27) therefore the City is in compliance with this statute. ORS 197.480 - 197.490 -- Mobile Home Parks ORS 197.480 requires that each city and county provide for mobile home parks as an allowed use on buildable lams within urban growth boundaries. Sufficient land must be zoned for a density of 6 to 12 units per acre to accommodate need. Need must include consideration of existing parks which may be displaced because they are located on industrial,commercial, or high density residential land. Criteria and 8 ALMA mom standards for the placement and design of mobile home parks must be clear and objective. A public hearing may be required for approval of a mobile home park. Findings and Conclusion The City has addressed the need for mobile home parks and has provided for mobile home parks to be permitted outright in the City's medium density residential zones ( R-7 and R-12) and also in medium-high and high density zones (R-25 and R-40) The City has considered existing parks in commercial and industrial zones in that they are allowed as non-conforming uses and can remain so as long as the conditions of Chapter 18.132 are met. Also, mobile homes located in nonconforming parks can be replaced by mobile homes that meet safety standards as required in Chapter 18.94. ORS 197.485 states that a jurisdiction may not prohibit placement of a mobile home, due solely to its age, in a mobile home park in a zone with a density of 8 to 12 units per acre. Reasonable safety and inspection requirements may be established for units which do not conform to the National Manufactured Home Construction and Safety Standards Act of 1974. The City has established clear and objective standards for mobile home parks and does not prohibit placement of a mobile home solely because of age (Community Development Code Chapter 18.94.030) ' ORS 197.490 states that a mobile home park may not be established on land within an urban growth boundary which is planned or zoned for commercial or industrial use. If no other access is available, access may be approved through a commercial or industrial zone. The City has addressed the issue of incompatibility of mobile home parks . and commercial and industrial uses by not permitting mobile home park j development within the City's commercial and industrial zones (Community Development Code Chapters 18.60 through 18.72). Therefore, the City is in compliance with mobile home parks requirements as defined by ORS 197.480 to 197.490 ORS 197.732 - Goal Exceptions 9, ORS 197.732 revised requirements for taking anexception to the goals. These amended exception requirements have been incorporated into Goal 2 and the Goal 2 rule (OAR .660-04-000) Findings and Conclusion The City of Tigard hasnot taken and will not be taking any exceptions to statewide planning goals.Therefore, no revisions to the plan or land use regulations are necessary. 9 i a ORS 197 752 Lands Available for Urban Development ORS 197.752 (1) s�.ates that lands within urban growth boundaries shall be available for urban development concurrent with the provision of key urban facilities and cervices in accordance with locally adopted development standards. ORS 197.752 (2) states that, notwithstanding ORS 197.752 (1), lands not needed for urban uses during the planning period may be designated for aeric,liture, forestry of other nonurban uses. Findings and Conclusion All lands within the Tigard City Limits as well as that within Tigard's Urban Planning Area have been designated for urban land uses. Tigard has adopted a Public Facilities Plan that provides information that services are or can be available to vacant buildable lands within the City. Therefore, the City of Tigard is in compliance with this statute. ORS 197.767 - Wetland Definition An area of privately owned land which otherwise satisfies the definition of a wetland is not defined as a wetland if it was created by human activity after the date of a jurisdiction's acknowledgement as part of an approved development project. This exclusion does not apply to mitigation areas. Findings and Conclusion Tigard adopted ordinance 90-29 (appendix A) which amends the City's wetland definition in conformance with ORS 197.767- Therefore, the City satisfies this requirement. OAS 227.175 A lication Fees Consolidation Procedures etc. ORS 227.175 [1) requires that a city -shall establish fees charged for processing permits at an amount no more than the actual or average cost of providing that. service.". I 1 Findings and conclusion The City of Tigard has adopted a fee schedule that is based the . actual cost for processing. Therefore, the City of Tigard is in compliance with this statute. ORS 197.175 (2) requires that a city establish a consolidated procedure by which an applicant may apply at one time for all permits or zone changes needed for a development project. The procedure is subject to the 120-day time limit set out in ORS 227.178. 10 Findings and conclusion { Tigard•s Community Development Code section 18.32.100 establishes a process for consolidating permits for related actions on a single development. Therefore, the City is in compliance with this statute. ORS 197.175 (31-(4) requires at least one public hearing; approval based on compliance with the comprehensive plan; provisions for notice to the applicant and other interested parties; notice to mobile home park tenants at least 20 but no mora than 40 days before a hearing on a proposed zone change for the mobile home park theyi reside within; and approval or denial of an application for a permit i without a hearing if notice: and appeal provisions are provided to { those persons who would have had a right to notice if a hearing had i been scheduled or who are adversely affected by the decision. j Findings and Conclusion I Tigard adopted Ordinance 90-41 (appendix A) which amends the Community Development Code Section 18.30 to meet this requirement. Therefore, the City meets the requirements of this statute. ORS 227.175 (5) -- Local Appeal Procedures (also ORS 197.762) Appealprocedures must require the applicant or appellant to raise any issue before the governing body with sufficient specificity to allow an opportunity to respond to and resolve each issue. Certain items of information must be included in the notice for a land use hearing_ At the hearing, a statement of applicable criteria must be made and that testimony must address these criteria. Findings and Conclusion City of Tigard appeal procedures as identified in the Community Development Code Chapter 3.8.32.110 comply with the requirements stated above. Therefore, the City concludes that it is in compliance with ORS 227.175 (5). 1 ORS 227.175 (6) -- Public Use Airports Notice of a public hearing on zone use permit in the vicinity of an airport must be provided to the owner of the airport. Findings and Conclusion There are no public use airports within or near, the jurisdiction of the City of Tigard. Therefore the City concludes that this statute does not apply. i i r ORS 227.178 -- Final Action on Permit or Zone Change Applications within 120 days ORS 227.178 (1) requires a city to take final action on a permit or zone change application, including all appeals, within 120 days of completion of the application. Findings and Conclusion TIgard's Community Development Code, Section 18.32.030, requires final action on permit and zone change applications within 120 days. Therefore, the City concludes that it is in compliance with ORS 227.178(1). ORS 227.178 (2) specifies procedures for dealing with incomplete applications. Findings and Conclusion Section 18.32.050 outlines procedures for dealing with incomplete applications in accordance with ORS 227.178 (2). The City therefore concludes that it is in compliance with this statute. ORS 227.178 (3) requires the City to review an application against the standards and criteria effective at the time the application was submitted providing that the initial application was or completion was accomplished in a timely manner. Findings and conclusion Section 18.32.250 of Tigard's Community Development Code addresses review against criteria andstandards in effect at the time an application was determined complete. Therefore, the City is in compliance with this statute. ORS 227.178 (4) allows theapplicant to request an extension beyond the 120-day limit. Findings and conclusion. Section 18.32.030 allows an applicant to request an extension to the 120-day limit. Therefore, the City concludes that it is in compliance with ORS 227.178 (4). ORS 227.178 (5) applies the 120-day limit only to decisions wholly within the control of the city. Findings and conclusion .Section 18.32.030 applies the 120-day limit only to decisions wholly within the control of the city. Therefore, the City concludes that it is in compliance with ORS 227.178 (5). 12 ? QRS 227.178 (6) exempts those plan and land use regulation amendments or adoptions of new regulations that must be submitted to the DLCD Director under ORS 197.610(1) from the 120-day time limit. FIndincis and Conclusion Section 18.32.030 satisfies the requirement of ORS 227.178 (6). Therefore, the City concludes that it is in compliance with this statute. ORS 227.178 (7)- provides for an applicant whose application h-no not been acted on finally within 120 days after the application was initiated to seek a writ of mandamus to compel issuance of the permit or zone change or a determination that approval would violate the city's plan or land use regulations. Findings and Conclusion ORS 227.178 (7) provides an applicant a means to compel action on a land use appllr:ation after 120 days. The City of Tigard's comprehensive plan and implementing ordinances do not in any way infringe upon that right. The city therefore concludes that the requirements of this statute are satisfied. ORS 227.180 -- Review of Action on Permit A lication ORS 227.180 (1)(a)(A) establishes that the period for filing an appeal of decision shall not be less than seven days after the governing body mails or delivers the decision of a hearings officer. Findings and Conclusion Scction 18.32.310 of Tigard's Community Development Code sets the appeal period to be 10 days for the decision of a hearings officer. Therefore, the City concludes that it is in compliance with ORS 227.180 (1)(a)(A)- ORS 227-180 !1)(al(Bl and (C) require that a hearing on the appeal be held and that the record of the hearings offLcer's action be considered. Findings and Conclusion Section 18-32.320 of Tigard's Community Development Code outlines hearing procedures in conformance_with. ORS 227.180 (1)(a)(B) and (C). Therefore the city concludes that it is in conformance with this statute. 13 r - MEM r ORS 227.180 (1)(b) not withstanding (1)(a), a city council may establish that a hearings officer's decision is the final decision of the city_ Findings and Conclusion Section 18.32.370 of Tigard's Co=mmunity Development Code states that an appeal approval authority shall affirm, reverse or modify a decision. Therefore a hearings officer decision may be appealed and the City concludes that ORS 227.180 (1)(b) does not apply. ORS 227.180 11)(c) requires that fees for filing an appeal shall be no more than the average cost of such appeals or the actual cost of the appeal, excluding the cost of preparation of a written transcript_ (1)(c) also requires that fees for preparation of written transcripts not exceed the actual cost of preparing the transcript, up to $500. plus one-half of the actual cost over $500. Findings and Conclusion The City bases the appeal fee upon the actual cost of the appeal. Section 18.32.330 also sets transcript costs in accordance with.ORS 227.180 (1)(c). The City therefore concludes that the requirements of this statute are satisfied. ORS 227.180 (2-1 allows an aggrieved party in proceeding for a zone change or discretionary permit to appeal the decision to the Land Use Board of Appeals (LUBA). Findings and Conclusion The right to appeal a decision to LUBA is allowed by state statute and is not- under Lhe City's jurisdiction. it is therefore not necessary for the City to address this statute. The City concludes that ORS 227.180 (2) is satisfied. ORS 227.180 (3) states that ex parte contacts with a member of the decision making body shall not invalidate afinal decision or action of the decision making body, provided that the member receiving the contact places the substance ofthe content of the ex. parte communication in the record of the hearing and makes a public announcement of the right of parties to rebut the content at the .first hearing where action will be considered or.taken. Findings and conclusion Section 18.32.170 of the Community Development Code outlines ex parte communications in accordance with ORS 227.28O (3). Therefore F the City c__�-1»des that it compiles with this statute_ { 14 ORS 284.010-060 -- Regional Economic Development Act f This act relates to the "Oregon Comeback". The Governor may adopt proposed regional strategies_ Local plans and land use regulations need to be consistent •-,ith the regional strategies. Local governments need to review the list of actions to implement adopted regional strategies_ Findings and Conclusion The regional strategy of the eight county area which encompasses Tigard Is tourism with a focus on the Oregon Convention Center. The City has reviewed the Oregon Tourism Alliance Regional Strateoies Plan 1988 and its comprehensive plan. The city concludes that although promotion of tourism is not an economic development strategy for Tigard, the plan is not in any way inconsistent with the strategy. Therefore, the City concludes that no additions or amendments are necessary. ORS 418.817 -- Family Day Care Providers Section 12 of HS 2884 provides that a day care provider which accommodates fewer than 13 children in the provider's home is considered to be - residential use. Such a home is a permitted use in all residential and commercial zones. conditions must be no more restrictive than those imposed on other residential dwellings in the same zone. Zoning provisions contrary to this law may not be adopted or enforced. ORS 443.590 - 44:4,600 (1) -- Residential Homes ORS. 443.590 enacts a statewide policy stating that "physically or . mentally handicapped persons are entitled to live as normally as Possible within communities and should not be excluded from communities because their disability requires them to live in groups.- ORS 443.600 (1) provides that-a "residential home shall be considered a residential use of property for zoning purposes, including areas zoned for single- family dwellings. No city or county shall enact or enforce zoning ordinances prohibiting the use of a residential dwelling, located in an area zoned for residential or, comcrerci.al use, as a residential home. ORS 443.620 - 443.630 -- Residential Care Facilities HS 2936 provides that residential care facilities (for mentally handicapped persons) must be allowed as a conditional use in residential zones permitting densities of 8 or more units per acre. Zoning ordinances or siting criteria which would preclude such siting shall not be enacted or enforced. Cities with a population lass than 2,500 are exempted. Findings and Conclusion With adoption of Ordinance 90-41 (Appendix A), Family Day Care Providers, Residential Homes, and Residential Care Facilities are adequately defined and standards are in conformance with the statutes. Therefore, the City is in compliance with these statutes. ORS 446 003 (17)(a)-(c) -- Mobile Home Definitions ORS 446 has been amended to define mobile homes as: (1) residential trailers constructed before January 1, 1962; (2) mobile houses constructed between January 1, 1962 and June 15, 1976 which met Oregon construction requirements then in effect; and (3) manufactured homes constructed to federal standards. Findings and Conclusion With adoption of Ordinance 90-24 the City conforms with the statutory definition of mobile homes. Therefore, the City is in compliance with this statute. F. Other Issues Nothing in subsections (1) (a)-(e) of this rule is meant to limit or prevent any person from raising other issues or objections involving the substantial change in circumstances factor set forth in subsection (2) (a) of this rule as long as such concerns are submitted consistent with the requirements of OAR 660-19-065. The following issues were identified by DLCD. National Flood Insurance Program - Most Oregon communities were notified by the Federal Emergency Management Agency (FEMA) in September 1986 that recent changes in federal regulations governing the National Flood Insurance Program (NFIP) would necessitate revisions in local ordinances that were adopted to establish eligibility in the NFIP. The local review order should address these revisions as a substantial change in circumstances affecting the city and report whether . the FEMA regulations have been complied with. Findings and Conclusion Tigard received a notification from FEMA in September, 1986 regarding changes in NFIP regulations. Ordinance 87-32 was adopted by the Tigard city council which amended Chapter 18.84 of the Community Development Code and brought City floodplain regulations into compliance with NFIP regulations. Because the City has adopted required changes, Tigard is now in compliance with FEMA's regulations governing the NFIP. We therefore conclude that FEMA's requirement that NFIP regulations be complied with has been satisfied. Department of Energy - The City's plan contains policies to increase opportunities for energy conservation and alternative sources of energy { 16. Ala L mom ®,ate 166 and to review the feasibility of implementing a solar access ordinance (policies 9.1.1 and 9.1.3, supported by statements in the resource document at pp. 1-275 to 278). Also, by Resolution No. 85-23 the City agreed to "participate in and support efforts---to secure funding to undertake a joint project to provide and protect solar access to the extent feasible given local conditions." This project has concluded with preparation and broad acceptance of model ordinances designed to encourage and protect solar access. These model ordinances represent a substantial change in circumstances pertaining to energy heconservation and use of alternative sources of energy. As a result, Y must suhmit these ordinances to public review and formally consider them for adoption and inclusion in the city's comprehensive plan implementing ordinances. Findin s and Conclusion The City held a public hearing and adopted ordinance 91-02 (Appendix A), a solar access ordinance that is based on the Department of Energy's model ordinance. Therefore, the City is in compliance with this requirement. FACTOR TWO NEW OR AMMMED GOALS OR RIILES ADOPTED SINCE THE DATE OF ACRNOWLEMORKENT "Previously acknowledged provisions of the comprehensive plan or land use regulations do not comply with the goals because of goals subsequently adopted - or statewide land use policies adopted as rules interpreting goals under ORS 197.040." Goal 2 Land Use Planning, Goal 2 Land Use Plannino Rule (OAR 660 Division 4) Findings and Conclusion Tigard's comprehensive plan and land use regulations do not contain any exceptions or cite standards for exceptions under Goal 2, OAR 660, Division 4, or ORS 197.732. The City is not proposing any new or amended goal exceptions at thistime. Because there are no conflicting standards in the.plan or regulations or proposed amendments to them, the City therefore concludes that the requirements of the amended Goal 2, the Goal 2 rule and ORS 197.732 do not require changes to the City's plan or regulations. Goal 5 Open spaces/Natural Resources Rules fOAR 660 Division 16� In late 1989, Tigard cocmaissioned an inventory of areas that potentially meet the definition ofwetland. Locations are mapped with approximate boundaries. The inventory is intended to provide additional information to City staff and citizens on the physical nature of Tigard and is available for inspection at . Tigard City Hall. t' 17 } E Ml- MW FM MW 'M aw aiii MW The City has additionally revised its development code to more explicitly address wetland areas (Ordinance 90-29, Appendix A)_ Findings and Conclusion The City of Tigard's Comprehensive Plan was acknowledged in 1984 subsequent to the adoption of this statute which was implemented in 1981. Therefore, the City of Tigard has already been ac.'...owledged as in compliance with this Goal. Goal 9 commercial and Economic Development Rule (OAR 660 Division 9) Findings and conclusion The City has conducted an economic analysis of the Tigard planning area. This analysis and Comprehensive plan amendment is adopted in ordinance 91-01, therefore the City is in compliance with this goal. Goal 10 Metropolitan Housino Rule (OAR 660, Division 71 Findings and Conclusion The City of Tigard has conducted a survey of its comprehensive plan and amendments since acknowledgement relative to the Metropolitan Housing Rule. The Metropolitan Housing Rule requires that the average density allowed for all developable residential land within the city's original planning area be a minimum of ten dwelling units per acre. The City's acknowledged comprehensive `'- plan in 1984 inventoried 1,311 acres of developable residential land and the housing opportunity index was 13,110 units for a density of 10 units per acre. since then, eight plan amendments that included developable residential land have been approved. The current inventory includes 1,290 developable acres and a housing opportunity for 13,112 which is a density of 10.16 units per acre. Of these housing units, there is the opportunity for over 9,000 units to be attached . single family or multiple family housing, thus exceeding the requirement of a minimum of 50 percent. Therefore, the City concludes that it remains. in compliance with this rule. Goal 10 -- Housing Rule (OAR 660, Division 8) Findings and Conclusion The City of Tigard's comprehensive plan was acknowledged in 1984 subsequent to the adoption of this rule which was implemented in 1982. The City therefore concludes that it has already been acknowledged as in compliance with this rule. and no changes are necessary. , .. 18 i iff Goal 11 Public Facilities Rule (OAR 660 Division 11) Findino8 and Conclusion The City of Tigard has conducted a survey of data relevant to the provision of sanitary sewers, storm drainage, water service, and transportation systems, and has developed a Public Facility Plan in accordance with OAR 660-11-000. The Public Facilities Plan is adopted in Ordinance 91-_ (Appendix B). Therefore, the City is in compliance with this rule. FACTOR THREE This factor requires that Tigard review the comprehensive plan and land use regulations to obtain consistency with mandated State Agency Plans and Programs related to land use which were not in effect when the City's plan was j acknowledged. DLCD has reviewed the following programs and determined that they potentially meet the standards contained in ORS 197.640 (3)(c) and OAR 660-19-055 (2)(c) (e.g., the program: is mandated by state statute or federal law; is consistent with the goals; and has objectives that cannot be achieved in a manner consistent with the comprehensive plan or land use regulations). 1. Department of Environmental Quality Local governments must maintain an up-to-date inventory of major air, water, solid waste, and noise pollution sources and sites (where such Information is made available to the jurisdiction) - AIR FINDINGS The City of Tigard has reviewed its planning area for sources and sites of major air pollution. No additional sources of major air pollution have been located within this area since Tigard-9 acknowledgement. Tigard's comprehensive plan contains policies which require compliance with state requirements for air quality and requires coordination with DEQ and Metro. 19 CONCLUSION The City has surveyed its planning area for major sources of air pollution and has not found any additional locations. Therefore, the City concludes that it is consistent with DEQ's air pollution inventory goals. WATEit FINDINGS The City has conducted a review of its planning area for sources of water pollution. The Unified Sewerage Agency operates its Durham Sewage Treatment Plant within Tigard's jurisdiction. This facility's effluent outfall into tha Tualatin River is regulated under a EPA discharge permit administered by the DEQ. Tigard can be considered a non-point source of phosphorus and contributes to the exceedance of the total maximum daily load of phosphorus in the Tualatin River. The phosphorus loading occurs as stormwater runoff. The City Is participating with USA to develop a plan for bringing the Tualatin River into compliance. No other major sources of water pollution were identified. Tigard's comprehensive plan contains policies which require compliance with applicable federal, state and regional requirements for.water quality. CONCLUSION The City has conducted a survey of its planning area and has found no additional major sources of water pollution. Therefore, Tigard concludes that it is consistent with DEQ major water pollution source inventory goals. SOLID WASTE FINDINGS The City has reviewed its situation relative to solid waste and has found that there are no existing or new sources of solid waste pollution within the City. Also, the quantity of solid waste generated within the City is diminished because of .recycling. The three City franchised waste haulers provide the opportunity to recycle by picking up sorted material aminimum of once per month at thecurbside. 20 --- � � f CONCLUSION The City has surveyed its planning area and has found no additional major sources of solid waste pollution. Tigard therefore concludes that it is in compliance with DEQ major solid waste source inventory goals. NOISE FINDINGS The City of Tigard has reviewed its situation relative to noise pollution and found that there are no sources of noise Pollution within Tigard. On January 22, 1990s the City adopted a revised noise ordinance (ORD 90-03). The new ordinance is consistent with DEQ noise regulations. CONCLUSION The City has surveyed its planning area and has discovered no additional sources of major noise pollution. 2. Department of Transportation Local governments must amend Goal 11 elements to inventory proposed highway improvements and adopt a policy to coordinate with ODOT in implementing its Highway Improvement Program. FINDINGS The City has reviewed the ODOT Six-year Improvement Program and has identified "highway improvements in or near .Tigard. These projects are identified in the Tigard Public Facility Plan. The City has also adopted revised Comprehensive Plan Transportation Map and implementing polieis which are consistent with ODOT's long range plans. The City also has a policy to cooperate with other federal, state, regional and local jurisdictions for the efficient planning and management of the transportation system. CONCLUSION With adoption of the public facilities plan (Ordinance 91- and the revised Comprehensive Plan Transportation Map and implementing policies {Ordinance 91- _ (Appendix B) the City's comprehensive plan is consistent with ODOT's Six-Year Improvement Program. 21 i FACTOR FOUR Additional planning tasks required at the time of acknowledgement or agreed to In receipt of state funds. FINDINGS The Department of Land Conservation and Development stated that this factor does not apply to the city of Tigard in the periodic review notice. The City has reviewed its acknowledgement documents and grant agreements and has found no additional planning tasks that were required at the time of acknowledgement or agreed to in receipt of state grant funds. CONCLUSIONS There are no additional planning tasks that were required at the time of acknowledgement or agreed to in receipt of state grants. Therefore, the City concurs with the DLCD in that this factor does not apply to the City of Tigard. OVERALL CONCLUSION The City of Tigard has conducted a thorough review of its Comprehensive Plan and community Development Code In response to: changes in the community; amended or newly adopted statewide planning goals, Oregon Administrative Rules, and Oregon Revised Statutes; new or revised state agency plans, programs, and inventories; prior obligations of the City to complete planning tasks. Findings presented in this Periodic Review Final Order contain the City's responses to the periodic review factors and identify amendments which bring the plan and development ordinance into compliance with all applicable requirements listed in the DLCD periodic review notice of May 3, 1989. Adoption of the plan and development ordinance amendments and final review order complete Tigard's periodic review responsibilities required by ORS 197.640 and OAR 660, Division 19. `�.... 22 i i