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City Council Packet - 11/22/2005 C. Declarations or Challenges d. Staff Report: Community Development Staff e. Public Testimony Proponents Opponents Rebuttal f. Staff Recommendation g. Council Discussion h. Close Public Hearing L Council Consideration: Urban Renewal Plan Adoption - Ordinance No. 05 - 17 Ballot Title Adoption - Resolution No. 05 - 69 The Council may move to continue the matter until the December 13, 2005 Council meeting. If the matter is not continued: ORDINANCE... Councilor: 1 move for adoption of the proposed Ordinance (with the following amendments: (List any amendments). Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) ORDINANCE NO. 05-17 - AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 05-17 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes = fail RESOLUTION... Councilor: 1 move for adoption of the proposed Resolution 05-69. COUNCIL AGENDA - NOVEMBER 22, 2005 page 5 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING November 22, 2005 COUNCIL MEETING WILL BE TELEVISED :\Ofs\Donna's\Ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD OREGON Agenda Item No. '3 1 For Agenda of Q. /3.OS Tigard City Council Meeting Minutes Date: November 22, 2005 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding (arrived at 6:36 p.m.) Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Absent: Agenda Item Discussion a Comments Action Items (follow up) Study Session Administrative Z Oregon Consensus Program - City Manager Consensus of Council was to Items Prosser reported that funding has been provided proceed with participation in for this program to facilitate a discussion the Oregon Consensus between the City of Tigard and Bull Mountain Program proposal. residents. Mayor Dirksen noted the City should take this opportunity provided the City is comfortable with the agenda and "how it is put together." 0 New Signal Ribbon Cutting - 12/14, 10:30 Councilors Woodruff and a.m. Sherwood indicated they could attend. Business Meeting Information O No Chamber of Commerce Representative will be present tonight. President Pam Brown will update the City Council on Chamber activities on December 20, 2005. • Agenda Item No. 4 regarding the Downtown Task Force was added to the agenda and noted in the material sent to the Council in the Friday mailing. • City Council and staff reviewed the process for See Agenda Item No. 6 - the Urban Renewal Hearing. Revisions to the Public Hearing Plan were distributed to the City Council. City Attorney Ramis reviewed available options for consideration of the proposed ordinance and resolution. The meeting that was scheduled to Tigard City Council Meeting Minutes November 22, 2005 - Page 1 Agenda Item Discussion & Comments Action Items (follow up) Study Session take place with the Washington County Board of Administrative Commissioners earlier today to review tax Items increment financing was postponed to Continued December 13, 2005. City Attorney Ramis outlined options for the City Council to consider, including delaying the effective date of the ordinance. City Attorney Ramis advised the City Council that care must be taken to meet all requirements regarding the Urban Renewal Plan. 0 City Council and staff reviewed the process for See Agenda Item No. 8 - the Sunrise Annexation Hearing. City Attorney Public Hearing. Ramis advised the lawyer for the applicant and the lawyer for opponents to the annexation have made requests regarding reopening the hearing and allowing testimony on limited issues. Each lawyer submitted a suggestion for a timeline for submittal of arguments and rebuttal. Mayor Dirksen noted that he would recommend the timeline that allowed for the longer period of time. • EXECUTIVE SESSION: The Tigard City Staff shall proceed as Council went into Executive Session at directed by City Council 6:44 p.m. under ORS 192.660 (2) (a) regarding process for a and (e), employment of public officers, general legal services employees, & agents, and real estate contract and negotiation on a real property transaction. property transaction negotiations. Executive Session concluded at 7:08 p.m. Study Session - Council members discussed location and City Manager Prosser will Process information needed for its goal-setting discussion attend the goal-setting Discussion for scheduled for January 6, 2006. meeting. Council Goal Setting in Staff will check on January availability of the Water Auditorium or the Chamber of Commerce Conference Room (check cost) as a back-up meeting site in the event more room is needed Study Session - to accommodate public Tigard City Council Meeting Minutes November 22, 2005 - Page 2 Agenda Item Discussion a Comments Action Items (follow up) Process attendance. Discussion for Council Goal Staff will provide a Setting in PowerPoint slide projector, January overhead projector, flip charts, etc. Staff will provide a one-page summary for each goal noting the progress made in 2005 and what carryover activities are planned for 2006. Boards and committees will be asked to submit written comments. Council meeting recessed: 7:16 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen 0 Skate Park Chair Rich Carlson introduced Bob Communication Wayt of Verizon. Mr. Carlson advised that Verizon was the first Platinum donor to the Tigard Skate Park - Verizon contributed $10,000. Mr. Wayt talked of Verzon's investments in the City of Tigard and said that the skate park will be a great addition to the City and offer a healthy activity for youth. Mr. Carlson also recognized the following businesses that have contributed generously to Tigard City Council Meeting Minutes November 22, 2005 - Page 3 Agenda Item Discussion & Comments Action Items (follow up) the Skate Park: Citizen Communication D GI ]oes continued. 0 Hoffman Construction 9 Landmark Ford Council members expressed their thanks to Mr. Wayt. 2005 League of Oregon Cities Good Governance Award. Mayor Dirksen announced that the City of Tigard received the League of Oregon Cities Good Governance Award in recognition of its Downtown Plan. The Mayor acknowledged the reason for this award was because of the Downtown Task Force's work on citizen involvement. 3. Consent 3.1 Approve Council Minutes for October 11, 18, Motion by Councilor Agenda and 25, 2005 Wilson, seconded by 3.2 Approve an Amendment to Resolution No. 01- Councilor Harding, to 02 Increasing the Number of Citizen-At-Large approve the Consent Members on the Tigard Tree Board - Agenda. Resolution No. 05 - 67: The motion was approved A RESOLUTION OF TIGARD CITY by a unanimous vote of COUNCIL AMENDING RESOLUTION NO. Council present. 01-02 TO INCREASE THE MAXIMUM NUMBER OF CITIZEN-AT-LARGE MEMBERS Mayor Dirksen Yes AND DECREASE THE NUMBER OF Councilor Harding Yes PLANNING COMMISSION MEMBERS ON Councilor Sherwood Yes THE TREE BOARD Councilor Wilson Yes Councilor Woodruff Yes 4. Downtown Long-Range Associate Planner Beth St. Amand Motion by Councilor Task Force presented the staff report. All Task Force Woodruff, seconded by Recognition - Members were commended for their work in Councilor Sherwood, to Resolution completing the work program. Task Force adopt Resolution No. 05- members present were recognized and presented 68. with a certificate. The Mayor and Council expressed their appreciation for the tremendous The motion was approved amount of work completed by the Task Force. The by a unanimous vote of Mayor noted an 18-month commitment to study Council present. the commuter rail station in downtown turned into a 3-year commitment when the Task Force Mayor Dirksen Yes members were asked to prepare a plan for the Councilor Harding Yes entire downtown area. The Mayor said this was the Councilor Sherwood Yes Tigard City Council Meeting Minutes November 22, 2005 - Page 4 Agenda Item Discussion 81 Comments Action Items (follow up) best outreach group he has ever had the privilege Councilor Wilson Yes 4. Downtown to work with. Councilor Woodruff Yes Task Force Recognition - Council considered Resolution No. 05-68: Resolution Continued A RESOLUTION TO COMMEND THE DOWNTOWN TASK FORCE FOR COMPLETING ITS WORK PROGRAM AND TO . END ITS TERM OF SERVICE 5. Annual Chief Dickinson provided Council with the annual Police Report update on crime trends and Department initiatives. A copy of the PowerPoint presentation reviewed with the City Council is on file in the City Recorder's office. Council members thanked the Chief for the excellent presentation. 6. Public City Attorney Ramis reviewed the rules of Motion by Councilor Hearing - procedure. A copy of his remarks is on file in the Sherwood, seconded by Consider the City Recorder's office. Councilor Woodruff, to Adoption of adopt Ordinance No. 05- the Tigard City Mayor Dirksen opened the public hearing. 17, with the amendments Center Urban recommended by the Renewal Plan City Attorney Ramis asked for declarations or CCAC. and challenges. In response to the question as to Corresponding whether any City Council member had viewed the The motion was approved Ballot Title site or had ex parte contact, Mayor Dirksen said it by a unanimous vote of was difficult to know how to respond. All of the Council present. City Council has been intimately involved in the discussions regarding the Downtown Plan and the Mayor Dirksen Yes Urban Renewal District. These have been public Councilor Harding *Yes meetings and are part of the public record. In Councilor Sherwood Yes response to the question from City Attorney Ramis Councilor Wilson Yes whether this was the experience of all the Council Councilor Woodruff Yes members, all members indicated affirmatively. City *Councilor Harding advised Attorney Ramis said this was an adequate disclosure her vote is a "yes"; however, unless there are questions from others. she would be open and amenable to amendments. City Attorney Ramis asked whether any City When this was discussed last Council member felt he or she could not judge this spring she was opting for a matter impartially. All City Council members November election; however, indicated they would judge the matter impartially. she will support. Associate Planner Roberts presented the staff Councilor Woodruff report: requested that the draft Tigard City Council Meeting Minutes November 22, 2005 - Page 5 Agenda Item Discussion a Comments Action Items (follow up) 6. Public resolution for the ballot title Hearing - In May, after reactivating the City Center present options for the Consider the Development Agency (CCDA) and the City wording on the "Question," Adoption of Center Advisory Commission (CCAC), City and suggested less emphasis the Tigard City Council directed the Commission to prepare a be placed on transportation Center Urban draft Urban Renewal Plan for revitalizing the in at least one of the options. Renewal Plan Tigard downtown area. and In October, the Commission completed the Corresponding draft plan along with a state-required Urban Ballot Title Renewal Report, which is a separate, stand- Continued alone document that functions as a technical appendix to the Plan. The CCAC was assisted in the work by Jeff Tashman and his consultant team. • The completed Plan includes a list of goals and objectives, as well as a list of projects, all taken from the Tigard Downtown Improvement Plan. • The Plan also includes land acquisition policies, which explicitly exclude the use of eminent domain for private development. Any acquisition of property for private use under the Plan would be voluntary. • A major feature of the Plan is that it calls for the use of tax increment financing, a financial mechanism. • On October 18, the City Council reviewed the Plan and Report and referred these documents to the Planning Commission for recommendations. • The Planning Commission conducted an Urban Renewal public hearing on October 31. At the conclusion of the hearing, a majority of the Planning Commission members voted to forward the Plan to Council with a favorable recommendation. • Tonight the City Council is conducting a single hearing dealing with both Urban Renewal Plan adoption and the proposed Urban Renewal Ballot Title and accompanying explanation. • The applicable review criteria for the Plan are the City's Comprehensive Plan policies and Chapter 457 of the Oregon Revised Statutes. • Staff concludes that the Urban Renewal Plan meets all applicable Comprehensive Plan criteria because the City and Planning Tigard City Council Meeting Minutes November 22, 2005 - Page 6 Agenda Item Discussion a Comments Action Items (follow up) 6. Public Commission followed an open public process Hearing - in developing the Plan. Adoption of the Plan Consider the will not amend the Comprehensive Plan or Adoption of Development Code provisions. All the Tigard City development under the Plan will be subject to Center Urban review under existing regulations. ORS 457 Renewal Plan criteria deal with findings that rehabilitation is and necessary; the Urban Renewal Plan conforms Corresponding to the Comprehensive Plan; and the Plan Ballot Title includes provisions addressing displacement. Continued The Plan meets all ORS 457 criteria. • The City has met all applicable notice requirements, which includes mailing of notices of tonight's meeting to 13,200 unduplicated property owners within the City. • The City Attorney has reviewed the Plan and has determined that it meets all applicable criteria and could be approved. • City Council is required to consider written recommendations of the tax districts that levy property taxes within the proposed urban renewal district. So far, no comments have been received. • The City is required by Statute to meet with the County to review the maximum amount of indebtedness under the Plan. The meeting is scheduled to take place on December 13, 2005. Public testimony: Proponents • Mike Marr, 12420 SW Main Street, Tigard, Oregon 97223, advised he was a member of the City Center Advisory Commission. He introduced members of the CCAC: Jim Andrews, Carolyn Barkley, Gretchen Buehner, Marland Henderson, Lily Lilly, Roger Potthoff, and Alternate CCAC member Alexander Craghead. Also present are consultants Jeff Tashman, Tina Mosca, and Jim Rapp. The CCAC submits, for the public record, its support for the Urban Renewal for the purpose of improving downtown Tigard. Should City Council have any questions, the Tigard City Council Meeting Minutes November 22, 2005 - Page 7 Agenda Item Discussion & Comments Action Items (follow up) 6. Public CCAC will be present to address them. Hearing - Consider the • Gretchen Buehner, 13249 SW 136' Place, Adoption of Tigard, OR 97223, advised she was a the Tigard City member of the CCAC, but was testifying as an Center Urban individual. She supports the Urban Renewal Renewal Plan Plan, but wanted to speak to the City Council and about a subject that was closely related to the Corresponding Urban Renewal Plan and was a critical Ballot Title element: the proposed improvements of the Continued intersection of 99W and Hall. Washington County is moving forward with that proposed development and will be starting engineering shortly after the first of the year. How this intersection is reworked will have an effect on the proposed Urban Renewal District Plan. The proposal will add a lane heading north along Hall, a lane coming south (Hall), and will add an additional lane on 99W from Main Street to 217. One of the issues is that, while this might improve transportation, it will have a negative impact on pedestrian access within this area. This is an issue she thinks the City should be concerned about. She requested the City Council take action this evening because of the timeline. She said the City needs to get input to the County as soon as possible. Once engineering is done, it will be too late to send input. Tigard should have a voice in determining right-of-way needs. She referred to property that will be taken for the Hall/99W intersection (used to be 99 Towing and a bar to the west). Ms. Buehner said she thinks the City needs to look at having a median in the middle of 99 at that intersection to make pedestrian crossing legitimately accessible, because the City will be looking at doing development across both sides of the street. A median will impact the amount of right of way that will be necessary to acquire on the south side of 99W. She also suggested a median on Hall Boulevard now that there are Tigard City Council Meeting Minutes November 22, 2005 - Page 8 Agenda Item Discussion & Comments Action Items (follow up) 6. Public going to be this many more lanes. Again, this Hearing - will impact the amount of right of way that Consider the will need to be acquired on both sides. Adoption of the Tigard City She also asked the City Council instruct staff to Center Urban look into the possibility of implementing a Renewal Plan special transportation area along Hall and Boulevard. She said this is a policy available Corresponding under the Oregon Transportation Rules which Ballot Title allows for variation from standard rules on Continued major arterials and collectors through business areas. She requested more research be done and that the City Council direct staff (City Engineer and Community Development Director) to work with Washington County to determine what could be done to make the final engineering give the options she described. She referred to STA areas to be included in the improvement plan. Mayor Dirksen requested that Interim Community Development Director Coffee comment on Ms. Buehner's suggestions after the remaining testimony is received. • Gary )elinek, 12840 SW Blue Heron Place, Tigard, OR 97223, said he has a Masters Degree in Urban Studies and is the House District 35 Leader and Campaign Chair for the Democratic Party of Washington County. He said it was his opinion that the Highway 99 improvement plan must precede the urban renewal of downtown Tigard. The Plan should not be presented to the voters until a clear, coordinated, and assured plan is developed among all government, citizen, and private interest to improve Hwy 99. The improvement of 99 must meet the basic needs of improving traffic flow past Tigard's downtown and it must also include major improvements, enhancements and efficiencies to attract users of 99 into downtown by creating easy entry and exit to downtown Tigard via Hwy 99. A most basic attraction might be to include on/off westbound ramps Tigard City Council Meeting Minutes November 22, 2005 - Page 9 Agenda Item Discussion a Comments Action Items (follow up) 6. Public on the northwest side of Hwy 99, tying into Hearing - SW Tigard Street. Such an entry and exit Consider the would end the current cross-over of traffic Adoption of entering or leaving downtown for those the Tigard City traveling in a westbound direction on 99. If Center Urban such improvement of 99 is not scheduled Renewal Plan prior to consideration of the Urban Renewal and Plan for downtown Tigard, the Urban Renewal Corresponding Plan will fail because no matter how much Ballot Title street, bike lane, and pedestrian facilities are Continued added, the difficulty of getting into and out of downtown will remain as daunting as it is today. He summarized by saying, "Don't put the cart before the horse." The 99 plan must be developed by working and coordinating with Washington County, Oregon Department of Transportation, and Congressman Wu's office. Tigard must be at the table leading the discussion and development of the 99 plan. Doing so will ensure that any renewal planning concept for downtown Tigard could have a fighting chance of success. Councilor Wilson responded that about eight years ago, he served on the Task Force for the Transportation System Plan update. At that time, the entire City's transportation system plan (TSP) was reviewed. Hwy. 99 was the big problem, which everyone recognized. Addressing Hwy 99 was also one of the Council goals this year along with addressing downtown and growth. The TSP notes that the system is much the same as a Rubik's cube; that is, if you change one item, a problem is caused somewhere else - it's a complicated problem. Even if $200 million was spent and lanes were added to 99W, it would create its own demand on the day it was opened. The City did receive a grant from ODOT to begin studying the problem in detail and this will begin this spring. This is an issue that the City is looking at simultaneously. In fact, there are a couple of elements in the Plan that begin to Tigard City Council Meeting Minutes November 22, 2005 - Page 10 Agenda Item Discussion a Comments Action Items (follow up) 6. Public touch on the problem: the Hall/99 Hearing - intersection is one of the elements in the Plan Consider the as well as Greenburg Road. It is important Adoption of that the Urban Renewal Plan does not deviate the Tigard City from its main goal of addressing downtown. Center Urban Highway 99 is a huge problem; the City is Renewal Plan looking at it - but, it is not the subject of this and particular issue. Corresponding Ballot.Title Councilor Woodruff agreed that there are Continued problems. He said that Mr. Jelinek's suggestions will be helpful in the long run for making the downtown more accessible and viable. The problem is, the City does not have control over Highway 99W. It is a daunting, long-term process, and we could wait and keep pushing until something happens; however, it is the City's desire to move ahead in areas where we do have some control. This does not mean the City would stop pushing forward with other improvements on 99 and work closely with ODOT, the County and the federal government but, to wait would place the City's destiny in someone else's hands and, "I don't think that's where we want to be." Mr. ]elinek noted his appreciation for the comments. He advised that he will avoid "that one-mile strip of 99 at all costs." If there are no improvements on 99, but there is improvement in downtown - he'd still be avoiding 99 and that is the key way to enter and exit the downtown. Councilor Sherwood noted she appreciated Mr. ]elinek's expertise. For the last three years, the City has asked ODOT to work with the City and they have responded. She noted that she travels all over the City and said she drives through the downtown area because it is the best way to get through "those intersections." The City needs to be creative. This Plan is about the downtown area. It is already on the Plan to fix the Hall/99 intersection. The Plan is not about improving Tigard City Council Meeting Minutes November 22, 2005 - Page 11 Agenda Item Discussion a Comments Action Items (follow up) 6. Public 99 all the way from 1-5 to King City. The Hearing - City is looking at other alternatives. Consider the Adoption of Mayor Dirksen said that the City Council the Tigard City agrees with Mr. Jelinek - both Hwy 99 and Center Urban the downtown need to be addressed - and the Renewal Plan City is doing that. Both improvements need and to be done concurrently and for one to be Corresponding successful, the other must happen. What the Ballot Title City Council is looking at tonight for the Continued Urban Renewal Plan is to focus on the downtown area; however, this does not mean the City is ignoring 99W. The Downtown Plan will take 20 years. There are some plans within the Urban Renewal Plan to address some of the issues brought up by Mr. Jelinek. The overall study of 99W to determine what needs to be done and then to get the support from all levels of government to address those issues is a separate issue that the,City is also working on at the same time. Councilor Wilson noted.that Tigard received the TGM grant from ODOT and there will likely be a Task Force to oversee the work for which volunteer assistance will be needed. Not only will the City be looking for roadway improvements, but will also be reviewing land use, alternate routes, and access control. Some of these decisions will likely be controversial and he said the City would welcome someone such as Mr. Jelinek to be involved. Councilor Woodruff noted that people will "hassle" to get into Washington Square because there is a draw to shop there. The City hopes that over time, there will be a draw to the downtown area. • Melissa Franco-Fishler, P. O. Box 321025, Tigard, OR 97281 advised she was new to Tigard and was seeking to become more educated as to what the Plan is for and to determine if it's necessary; whether it should Tigard City Council Meeting Minutes November 22, 2005 - Page 12 Agenda Item Discussion & Comments Action Items (follow up) 6. Public take priority over other things that should be Hearing - done for traffic. She said that a lot of people Consider the might see this as a "tax increase" and Adoption of therefore say "no." the Tigard City Center Urban Mayor Dirksen said Ms. Franco-Fishler has Renewal Plan brought up a good point: How does the City and advertise this to everyone, to help them to Corresponding know to make an educated vote in May. The Ballot Title City, Downtown Task Force, and the City Continued Center Development Commission have been working to develop the Plan. He referred to meetings where the Plan has been discussed and there will be more meetings. He said there are plans to form a Political Action Committee. The City Council members will be involved in getting the word out between now and the election. He advised that once the ballot title is in place, the Plan cannot be promoted with use of City funds and resources. Elected officials and the Political Action Committee may continue to promote the Plan. The City will still be able to provide information about the Plan as long as this is not "promotional" in nature. It is the Council's hope that they will be able to reach out to the community to inform the public on the issue before the May vote. Taxes will not go up; however, some of the taxes that would have been paid regardless will be redirected to the Urban Renewal Plan for specific projects. Mayor Dirksen suggested that staff make arrangements with Ms. Franco-Smith to discuss her questions. Councilor Woodruff assured Ms. Franco- Fishler that her questions were shared by a great number of people. City Attorney Ramis clarified that this is not a tax increase plan. The City is looking at "tax increment," which will capture increased taxes that are derived from new development. The income from taxes from new development will Tigard City Council Meeting Minutes November 22, 2005 - Page 13 Agenda Item Discussion & Comments Action Items (follow up) 6. Public be funneled into the Urban Renewal District. Hearing - Without the District being in place, that Consider the development would likely not happen; Adoption of therefore, those revenues would not have been the Tigard City available. Councilor Wilson added that if a Center Urban Tigard taxpayer is outside the Urban Renewal Renewal Plan District, it has no affect on their taxes. and Corresponding • Mary Potthoff, 1 1710 SW Ann Street, Ballot Title Tigard, OR 97223, said she agrees with urban Continued renewal. She would love to see Tigard become an exciting, eclectic, and interesting place for people to come. She noted that in some of the reports she has read, she has not found that the City has a design for the existing buildings or new construction. She noted there will be $22 million going into the urban renewal and the City should have authority over the Plan on how the urban renewal will come into fruition. Councilor Wilson responded there are a couple of elements: There is the Urban Renewal Plan and the Downtown Improvement Plan. The Downtown Improvement Plan has associated with it some zone changes and other items that are now being worked on. Among those things could be design standards. There is no proposal yet to react to; the items brought up by Ms. Potthoff have not been ignored. He clarified that tonight's action is strictly about the Urban Renewal Plan, its boundaries and projects. The Downtown Plan is a separate entity and includes a follow up stage that will implement some of the recommendations of the Plan. Mayor Dirksen said the Downtown Plan is the blueprint around which the City is considering improvements and some redevelopment of the downtown area - specific projects are included. The Urban Renewal Plan, under consideration tonight, is essentially a financing plan to find money to do the projects that are in the Downtown Plan. The Downtown Plan Tigard City Council Meeting Minutes November 22, 2005 - Page 14 Agenda Item Discussion a Comments Action Items (follow up) 6. Public is under review to determine what types of Hearing - . changes are needed for the Comprehensive Consider the Plan and the Tigard Development Code. One Adoption of of the items discussed is design review the Tigard City authority for the City for downtown Center Urban development. Mayor Dirksen explained that Renewal Plan with regard to the $22 million, the money and that is collected through the Urban Renewal Corresponding Plan is money that will be used to do public Ballot Title improvements, not private development. The Continued public improvements, together with other incentives the City can offer, will cause private development to take place. The private development that might take place in the downtown area is certainly not restricted to $22 million - one condominium development could be $22 million alone. The $22 million cited in the Plan is for public projects; i.e., streets, open spaces, etc. - and is the limit of indebtedness. • Saundra Carroll, 11330 SW 97`h Court, Tigard, Oregon said she was curious why a code enforcement program was not considered prior to an urban renewal plan? City Manager Prosser said that Code Enforcement would deal with the existing structures and development. The issue in the downtown is that it is actually below its market value. He noted the serious structural issues regarding the streets and public improvements and if these are addressed, it will encourage higher and better use of the land that is there. Discussion followed. Mayor Dirksen noted that changes to the Code will be considered; these changes will be done through a public hearing process involving the City Center Advisory Commission and the City Center Development Agency. Ms. Carroll noted that announcements about hearings need to be sent out further in advance in a timely fashion. Tigard City Council Meeting Minutes November 22, 2005 - Page 15 Agenda Item Discussion 8T Comments Action Items (follow up) 6. Public Hearing - Councilor Wilson noted that Ms. Carroll raised Consider the a sensitive issue with regard to existing Adoption of downtown businesses. What the City would the Tigard City prefer to see is a private developer offer an Center Urban existing business a price "they can't refuse" Renewal Plan and they will decide if they want relocate as and opposed to say "you can't engage in your Corresponding business any longer." Ms. Carroll clarified said Ballot Title that was not what she was suggesting - her Continued comments were directed toward businesses owners being "happier" if they were located with similar businesses (through zoning and code enforcement). Interim Community Development Director Coffee commented on the Hall Boulevard/99W improvements and STA. He advised the staff was aware of these concerns (noted above by Ms. Buehner) and they were discussed last week at the CCAC meeting. The City Engineer is the coordinator on the State/County project at 99W and Hall Boulevard and he is aware of the concerns and will be contacting ODOT. Staff is also looking into the possibility of the STA. It will take some communication with ODOT in order to get revisions in the project. He added that the City Attorney has some revisions that were recommended by the CCAC, which will be need to be entered into the record. Two sets of revisions to the Urban Renewal Plan were distributed to the City Council. These revisions are on file in the City Recorder's office. Staff recommends that the City Council include these revisions in its motion, should it choose to adopt the Plan this evening. Consultant Tashman summarized the amendments. The CCAC held a meeting last Thursday and went through a page-by-page final review of the Urban Renewal Plan. The Commission identified several places where the Plan could be clarified. The changes in the November 22 memorandum are almost exclusively clarification of language and Tigard City Council Meeting Minutes November 22, 2005 - Page 16 Agenda Item Discussion Si Comments Action Items (follow up) 6. Public corrections of typographical errors. In some cases, Hearing - additional information was suggested to allow the Consider the reader of the Plan to understand the Plan better. Adoption of He then reviewed some of the specific changes the Tigard City outlined in the written material before the City Center Urban Council. Renewal Plan and Mayor Dirksen noted there was an error in the Plan Corresponding and the Report - there were two instances in the Ballot Title pages before the Table of Contents where the City Continued Center Advisory Commission is referred to as the City Center Advisory Committee. These should be added to the list of corrections. Mr. Tashman, in response to a question from Councilor Harding, noted that no work has yet been done in identifying other sources of funding. He noted a past grant the City received and one that it could get again was the Transportation Growth Management Grant (TGM). This would fund planning and design work. Since there is a state highway running through the area, ODOT has funding for projects that will relieve some of the pressure on the state highway. He noted they could work to define other possibilities. Councilor Harding asked if the public improvement projects for the $22 million have been identified. Mr. Tashman referred to a table in the report, which shows how the $22 million that can be borrowed over the 20-year course of the Plan would be allocated with regard to categories of projects. Each individual project has not been broken down showing how much funding it should receive. State law requires that projections be shown with regard to how dollars would be spent - what types of projects. The consultants did their best to make these projections based on what they thought would be a reasonable allocation of resources to these types of projects. The projections are not binding; however, the $22 million cap is binding. Mayor Dirksen also noted that funding of the list of projects envisioned in the Downtown Plan is not Tigard City Council Meeting Minutes November 22, 2005 - Page 17 Agenda Item Discussion & Comments Action Items (follow up) limited to funds through Urban Renewal. The Urban Renewal District and Tax Increment Financing was never intended to be the sole source of financing for improvements in the downtown area. The City would continue to use grants and capital improvement dollars. Councilor Harding noted that it will take trust from the public and private sector to invest dollars. Councilor Harding noted that the City would still retain the right for eminent domain for public improvements. She asked what would happen if a developer wanted to acquire five parcels and it would be better, for tax purposes, for the property to be condemned. Could this happen? City Attorney Ramis said the Plan could be amended to allow this to happen; that is, amend the plan to give authority to acquire and redistribute land by condemnation. This provision is not in the Plan now, but it could be achieved by amendment. Another option noted by City Attorney Ramis, was that in some circumstances the goal could be achieved if some part of the project were a public improvement. For example, if the acquisition and assembly of land included a street improvement, then the City's condemnation power could be used. Mayor Dirksen noted that the Plan limits the use of condemnation and this limitation was done purposely. He said he feels strongly that, while he supports the idea of being able to use eminent domain for public facilities, the idea of using the authority to remove one private owner to turn this land over to another private owner is offensive. Councilor Harding said her intent would be to use condemnation where there is a willing seller who could also use a tax benefit. City Attorney Ramis said this was a good point in that the advantages come to the property owner from selling land to a jurisdiction under threat of condemnation; if there is no threat, then the benefits would not be available. City Attorney Ramis said there are other methods available for property owners, including a 1031 Exchange. Tigard City Council Meeting Minutes November 22, 2005 - Page 18 Agenda Item Discussion K Comments Action Items (follow up) 6. Public Hearing - Roger Potthoff, 11710 SW Ann Street, Tigard, Consider the Oregon 97223, said that as a member of the Adoption of CCAC he wanted to point out that the Downtown the Tigard City Task Force has had three years to develop a Center Urban comprehensive set of improvements for the Renewal Plan downtown area. The CCAC started in late August and and has been working on a compressed timeline to Corresponding try to bring focus to some of the complexities of Ballot Title the Urban Renewal Plan as it moves from a Continued Downtown Improvement Plan into a formal Urban Renewal Plan. There have been stresses with respect to the timetable. The CCAC has been dealing with complex issues, not the least of which was the boundary issue. Most are now satisfied with how the boundary issue was resolved. He said he thought there was an inordinate amount of the Commission's time spent on the boundary issue and there are a lot of other issues they have not attended. He referred to Ms. Buehner's testimony regarding STA's, which have specific application to urban renewal districts. Mr. Potthoff pointed out that one resident has brought up code enforcement and there has also been discussion of the likelihood of the City taking action to make changes to the Code that would align with the Downtown Improvement Plan. He referred to Ms. Potthoff's testimony regarding design review authority, which has also been discussed in terms of a future action to bring things in line for this Plan. Mr. Potthoff referred to testimony from Mr. Jelinek regarding timing of improvements for 99W before the urban renewal. Mr. Potthoff asked for the City Council to give the Commission additional time to review some of the complexities of the other issues and come back to the City Council with recommendations on issues relating to Code, design, authority, and STA's. Mr. Potthoff noted his support for the Urban Renewal Plan. He wanted to make sure that as it goes to the voters, it will be something they will be able to understand and support. He said he Tigard City Council Meeting Minutes November 22, 2005 - Page 19 Agenda Item Discussion & Comments Action Items (follow up) 6. Public thought the City has more work to do before it is Hearing - adopted by the City Council and sent on to the Consider the voters. He asked if it was possible that this vote be Adoption of postponed until November 2006. the Tigard City Center Urban City Attorney Ramis noted that the decision is Renewal Plan fundamentally a policy decision with regard to the and timing of the election. Corresponding Ballot Title Councilor Wilson noted that Mr. Potthoff raised Continued some good points. The City Council did consider the November election. He said there were a number of complexities involved in the decision to go ahead in May. He noted there is a County plan for a "super" urban renewal area that runs down all of Highway 217. The County asked Tigard if they would want to join them to make this a County- wide consideration. Councilor Wilson noted the City has been working on this issue for three years and, although the CCAC is new to this effort, there was a strong sense that after two failed votes in the past, the City wanted to capitalize on the momentum the City had already developed. The results of polling indicated favorable results. There has been a lot of publicity and work done to educate the public. Councilor Wilson advised that, so far, there has been relatively little opposition. The City Council felt that to wait six months, would risk losing too much momentum. Urban Renewal is just one tool. The City will be doing other activities to get things done. Councilor Wilson said he understood Mr. Potthoff's desire to think through some things; but, there are some decisions that can be made after this goes to a vote. For example, there will be a lot of review and development of the various projects in the Plan. Mayor Dirksen supported the comments made by Councilor Wilson. The Mayor noted the issues brought up by Mr. Potthoff were pertinent and will need to be dealt with in the near future. The election will be conducted to receive tax increment financing authority from the voters. The issues, Tigard City Council Meeting Minutes November 22, 2005 - Page 20 Agenda Item Discussion 8T Comments Action Items (follow up) 6. Public which need to be dealt with regarding the Hearing - Comprehensive Plan, zoning, and Code Consider the requirement changes, can occur after the vote. Adoption of The CCAC will be asked to do much of this work. the Tigard City Center Urban Mr. Potthoff confirmed the CCAC is willing to do Renewal Plan the work and those things he talked of earlier are and important to success of the Plan not only for the Corresponding vote in May, but for the long-term success of the Ballot Title planned improvements. Continued Associate Planner Roberts said that staff recommends that the City Council adopt the Urban Renewal Plan as presented and as amended by the consultant. City Attorney Ramis added that the Council should make the ordinance effective on December 13. Mayor Dirksen noted the amendments were contained in the two written documents received by the City Council as well as his comments and to make the effective date December 13. (See Pages 16 and 17.) Council discussion followed. Councilor Sherwood noted that City of Tigard is one of last to get something accomplished in its downtown area. She reviewed information regarding the success of urban renewal districts in other areas: - Tualatin: tax base was frozen at $14,067,000 and after several years the value was $152,161,000 - Wilsonville: tax base was $61,000,000 and value is now $255,000,000 - Lake Oswego: tax base was $45,000,000 and after just a few years, the tax base is more than $106,000,000. Councilor Sherwood said she thought it was important that the City embrace this Plan; it will Tigard City Council Meeting Minutes November 22, 2005 - Page 21 Agenda Item Discussion 8i Comments Action Items (follow up) add value to the City and the downtown. City Attorney Ramis, noted that the City Manager pointed out that the City Council does not need to include in its motion a particular effective date, because the ordinance will not become effective for 30 days, which will accommodate the time period needed for the City to talk to the County. This matter will be reviewed on December 13. Mayor Dirksen closed the public hearing. City Council considered and approved Ordinance No. 05-17 with the revisions as suggested by the CCAC. See Pages 5 and 6, Action Items.) ORDINANCE NO. 05-17 - AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS The proposed resolution on the ballot title will be considered on December 13, 2005. Council meeting recessed at 9:56 p.m. Council meeting reconvened at 10:03 p.m. 7. Budget IT Director Ehrenfeld and City Manager Prosser Motion by Councilor Amendment presented the staff report to the City Council. Woodruff, seconded by #4 - GIS Councilor Harding, to table Coordinator Council discussed this request for creating a this issue until January Position position mid-year. During discussion City Council 2006, when budget members acknowledged the benefits of coordinating projections are available. the GIS applications in the City. There was discussion on concerns about reduction on ending- The motion was approved fund balances and whether a corresponding cost by a unanimous vote of savings could be made elsewhere. City Manager Council present. Prosser explained that the financial forecast is being prepared now with the first reports coming in from Mayor Dirksen Yes departments. Councilor Harding Yes Councilor Sherwood Yes After discussion, this item was tabled until January Councilor Wilson Yes 2006. The City Council will review this request Councilor Woodruff Yes when financial forecast information is available. Tigard City Council Meeting Minutes November 22, 2005 - Page 22 Agenda Item Discussion 8T Comments Action Items (follow up) #8 Procedural status was reviewed by City Attorney Motion by Councilor Continuation of Ramis. The oral portion of public testimony had Harding, seconded by a Public been closed. Written submittals included testimony Councilor Wilson, to reopen Hearing on from the lawyer (Michael Robinson) representing the public record as Sunrise Lane the applicant and from the lawyer (Lawrence Derr) outlined*. Annexation representing the Friends of Bull Mountain and Lisa Proposal Hamilton-Treick asking for additional time to The motion was approved review specific aspects of the proposal. by a unanimous vote of Council present. Mayor Dirksen reopened the hearing to receive testimony on the requests for more time to allow Mayor Dirksen Yes additional testimony on specific issues. Councilor Harding Yes Councilor Sherwood Yes Michael Robinson, Attorney at Law representing the Councilor Wilson Yes Applicant, 1 120 NW Couch Street, 101 Floor, Councilor Woodruff Yes Portland, Oregon 97209-4128 advised he did not have a problem with reopening the testimony to *Public Record reopened as receive additional comments on the topics named. follows: However, on behalf of his clients, he would prefer I. All parties will w the shorter schedule that he proposed. allowed to present written arguments pertaining to Lisa Hamilton-Treick, 13565 SW Beef Bend Road, Comprehensive Plan Policies unincorporated Bull Mountain, Oregon, asked for 10. a and 10.1.2.e and the courtesy of the extra week, given the intervening Community Development holiday. Code 18.310.020 B. Arguments are due 5 p.m. Mayor Dirksen said he would support the longer time on December 7, 2005. period because of the holiday. 2. Applicant Rebuttal is due December 14, 2005, 5 p.m. 3. Applicant Statement is due December 15, 2005, 5 p.m. 4. Supplemental staff report, if needed, is due December 19, 2005, 5 p.m. 5. Continuation of public hearing before the City Council is set for December 20, 2005, 7:30 p.m. Tigard City Council Meeting Minutes November 22, 2005 - Page 23 Agenda Item Discussion & Comments Action Items (follow up) 10. Non Councilor Woodruff reminded the viewing audience Agenda there would be no Fifth Tuesday meeting on November 29, 2005. The next City Council Fifth Tuesday meeting is scheduled for January 31, 2006. 12. Meeting adjourned at 10:35 p.m. Motion by Councilor Adjournment Sherwood, seconded by Councilor Harding, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Catherine Wheatley, City ecor er Attest: ayor, ity o igar Date: hadm\c8thy\ccm\2005\051122.doc Tigard City Council Meeting Minutes November 22, 2005 - Page 24 (D Revised 1 1-1 7-05 - Added Agenda Item No. 4 - Downtown Task Force (Note: Agenda Items renumbered after 4.); Added Exec. Session Topic - Real Estate Property Transaction Negotiations TIGARD CITY COUNCIL MEETING 4 NOVEMBER 22,_2005 6:30 p.m. CITY OF TIGARD OREGON TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 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. Citizen Communication 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 - NOVEMBER 22, 2005 page 1 AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 22, 2005 6:30 PM • STUDY SESSION > DISCUSSION OF PROCESS FOR COUNCIL GOAL SETTING IN JANUARY ■ Administration Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (a) and (e), employment of public officers, employees, & agents, and real estate property transaction negotiations. 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 81 Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) Tigard a ro-, Ch;i hAr „f r-,,mrnpr-cp Representative Chamber Representative Report Rescheduled to December 20, 2005. • Follow-up to Previous Citizen Communication • City of Tigard Receives League of Oregon Cities Award ■ Good Governance Award - Downtown Improvement Plan COUNCIL AGENDA - NOVEMBER 22, 2005 page 2 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 Council Minutes for October 1 If 18, and 25, 2005 3.2 Approve an Amendment to Resolution No. 01-02 Increasing the Number of Citizen-At-Large Members on the Tigard Tree Board - Resolution No. 05 - 67 A RESOLUTION OF TIGARD CITY COUNCIL AMENDING RESOLUTION NO. 01-02 TO INCREASE THE MAXIMUM NUMBER OF CITIZEN-AT-LARGE MEMBERS AND DECREASE THE NUMBER OF PLANNING COMMISSION MEMBERS ON THE TREE BOARD • 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. 7:45 PM 4. CONSIDER A RESOLUTION TO COMMEND THE DOWNTOWN TASK FORCE FOR COMPLETING ITS WORK PROGRAM AND TO END ITS TERM OF SERVICE a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 05- 68 Councilor: I move for adoption of the proposed Resolution 05-68. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) RESOLUTION NO. 05-68 - A RESOLUTION TO COMMEND THE DOWNTOWN TASK FORCE FOR COMPLETING ITS WORK PROGRAM AND TO END ITS TERM OF SERVICE Mayor: Is there any discussion? COUNCIL AGENDA - NOVEMBER 22, 2005 page 3 Mayor (after discussion): All of those in favor of adopting Resolution No. 05-68, please say "aye. " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05- 68 , please say "nay. " Mayor/Councilors: Mayor: Resolution No. 05-68 (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes =failure to pass 7:55 PM 5. ANNUAL POLICE REPORT a. Staff Report: Police Staff b. Council Discussion 8:25 PM 6. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER ADOPTION OF THE TIGARD CITY CENTER URBAN RENEWAL PLAN AND CORRESPONDING BALLOT TITLE REQUEST: The City Center Development Agency requests the Planning Commission to recommend to the City Council adoption of the Tigard City Center Urban Renewal Plan and requests that the Council approve the Plan, subject to voter approval, and refer it to the voters. COMPREHENSIVE PLAN DESIGNATION: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). ZONE: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). APPLICABLE REVIEW CRITERIA: ORS 457.095; Tigard Comprehensive Plan Policies. a. Open Public Hearing b. Rules of Procedure COUNCIL AGENDA - NOVEMBER 22, 2005 page 4 Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) RESOLUTION NO. 05-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. .05-69, please say „aye " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05-69 , please say "nay. " Mayor/Councilors: Mayor: Resolution No. 05-69 (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes =failure to pass 9:25 PM 7. CONSIDER BUDGET AMENDMENT #4 TO THE FY 2005-06 BUDGET TO ADD A FULL-TIME GIS COORDINATOR POSITION AND INCREASE APPROPRIATIONS IN THE INFORMATION TECHNOLOGY BUDGET a. Staff Report: Information Technology and Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 05 - 70 Councilor: I move for adoption of the proposed Resolution 05-70. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. COUNCIL AGENDA - NOVEMBER 22, 2005 page 6 City Recorder: (Reads as requested.) RESOLUTION NO. 05-70 - A RESOLUTION APPROVING BUDGET AMENDMENT #4 TO INCREASE THE FY 2005-06 BUDGET TO ADD A FULL-TIME GIS COORDINATOR POSITION AND INCREASE APPROPRIATIONS IN THE INFORMATION TECHNOLOGY BUDGET TO FUND THIS POSITION Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. 05-70 , please say „aye " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05-70 , please say "nay. " Mayor/Councilors: Mayor: Resolution No. 05-70 (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes =failure to pass 9:40 PM 8. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER ANNEXATION OF SUNRISE LANE (ZCA 2005-00004) (Continued from October 25, 2005) REVISED REQUEST: The applicant is requesting annexation of nine (9) parcels containing 19.95 acres into the City of Tigard. An additional 5.66 acres has been included by means of consents by Patricia Marshall, Richard and Michelle Crombie, and Jennifer and Leighton Walsh. Therefore, this annexation is for twelve (12) parcels totaling 25.61 acres. COUNCIL AGENDA - NOVEMBER 22, 2005 page 7 LOCATION: ' North of Bull Mountain Road at 150`h and Sunrise Lane; WCTM 2S 105DD Tax Lots 400, 500, 600, 700, 1000, 1100, 1300, 1400, 1500, 1600, 1700 and 1800. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. a. Hearing continued from October 25, 2005 b. Staff Report on request to reopen record to allow additional argument and evidence on Tigard Comprehensive Plan Policy 10.1.1.a as requested by the applicant: Community Development Staff C. Staff Recommendation d. Council Procedural Decision as to whether to consider arguments regarding the request to reopen the record as requested e. Public Testimony on the Request to Reopen the Testimony to allow additional evidence and argument on Tigard Comprehensive Plan Policy 10.1.1a (1)-(6) as requested by the applicant f. Council Consideration: Motion to reopen the record to allow additional evidence and argument on Tigard Comprehensive Plan Policy 10.1.1a (1)-(6) as requested by the applicant: 1. All parties may submit argument and evidence relating to Tigard Comprehensive Plan Policy 10.1.1a between November 23 and November 30, 2005 at 5 p.m. by submitting argument and evidence to the Planner assigned to this application. 2. Any party may submit rebuttal argument and evidence to the argument evidence submitted during the first open record period between COUNCIL AGENDA - NOVEMBER 22, 2005 page 8 November 30 and December 7, 2005 at 5 p.m. by submitting rebuttal argument and evidence to the Planner assigned to this application. 3. The applicant will submit final written argument to the Planner assigned to this application no later than December 8, 2005 at 5 p.m. 4. A supplemental staff report, if needed, shall be available for public inspection no later than December 12, 2005 at 5 p.m. 5. The City Council will reconvene on December 13, 2005, at 7:30 p.m. to make a decision on the application. If the motion to reopen the record is approved, then no further action. If the motion to reopen is denied, then the record is closed and Council will need to decide whether to grant the application, using the following format: Councilor: I move for adoption of the proposed Ordinance. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) ORDINANCE NO. 05-18 - AN ORDINANCE ANNEXING 25.61 ACRES, APPROVING SUNRISE LANE ANNEXATION (ZCA 2005- 00004), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 05-18 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes = fail COUNCIL AGENDA - NOVEMBER 22, 2005 page 9 9:50 PM 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. 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. 10:00 PM 12. ADJOURNMENT i Aadm\cathytccat2005\051122.doci:tadmtcathytccat2005t051122).doc COUNCIL AGENDA - NOVEMBER 22, 2005 page 10 COMMUNITY CITY OF TIGARD NMWSPAPER,.S OREGON 6605 SE Lake Road, Portland, OR 97222 • PO NOTICE OF PUBLIC HEARING Box 22109 • Portland, OR 97269 The City Center Urban Renewal Plan and the Report on the City Phone: 503-684-0360 Fax: 503-620-3433 Center Urban Renewal Plan will be considered by the Tigard City Email: Council on Tuesday, November 22 2005 at 7.30 PM at the Tigard legaladvertising@commnewspapers.com Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under ORS 457.095, Title 18, and rules of AFFIDAVIT O F PUBLICATION procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The City State of Oregon, County of Washington, SS Council will receive a recommendation from the Planning Commission and then hold a public hearing on the request prior to I, Charlotte Allsop, being the first duly sworn, making a decision. An urban renewal plan includes a list of projects' depose and say that I am the Accounting and activities proposed for the urban renewal area and a funding Manager of The Times Tigard, mechanism to pay for the projects and activities. (serving Further information and a copy of the plan may be obtained from the Tualatin & Sherwood), a newspaper of City of Tigard Planning Division (Staff contact: Duane Roberts) at, general circulation, published at Beaverton, in 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639- the aforesaid county and state, as defined by 4171. ORS 193.010 and 193.020, that PUBLIC. HEARING ITEM: ! MISCELLANEOUS (MIS) 2005-00017 City of Tigard ® TIGARD CITY CENTER URBAN RENEWAL PLAN < Public Hearing-City Center Urban Renewal REQUEST: The City Center Development Agency requests the TT10705 Planning Commission to recommend to the City Council adoption of the Tigard City Center Urban Renewal Plan and requests that the a copy of which is hereto annexed, was Council approve the Plan, subject to voter approval, and refer it to the published in the entire issue of said voters. LOCATION: see map below. COMPREHENSIVE PLAN newspaper for DESIGNATION: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 BD, CBD 12, 1 A P)LICABLECREV EW (CRITERIA: P, ORS 57 095;1 Tigard Comprehensive Plan Policies. successive and consecutive weeks in the ..._v._'. 14. following issues- November 3, 2005, T 1 `3i fj1~; wk 0_~"f~e Charlotte Allsop (Accounting Ma ager)~ a 1% / a . Subscribed and sworn to before me this November 3, 2005 0TAR PUBLIC FOR OREGON My commission expires'-41(jV',c>2_$ c>tub Acct #10093001 City of Tigard Patricia Lunsford ' <'1 F , 3125 SW Hall Boulevard Tigard, OR 97223 Size 2 x 10 p ProvossduRMunWy Amount Due $167.00 Proposed Urban RenewalA►va. Taft Sawdery remit to address above City ofTigod,Oregon, gy ,a j, Rakwd @:ws: d7' ui Cmplttl4be Publish 11/03/2005 TT10705 I COMMUNITY NEWSPAPERS 6605 SE Lake Road, Portland, OR 97222 • PO Box 22109 • Portland, OR 97269 RECEIVED PLANNING Phone: 503-684-0360 Fax: 503-620-3433 Email: NOV 6 7 2005 legaladvertising@commnewspapers.com AFFIDAVIT OF PUBLICATION CITY OF TIGARD State of Oregon, County of Washington, SS I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting Manager of The Times (serving Tigard, Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, in the aforesaid county and state, as defined by ORS 193.010 and 193.020, that City of Tigard Public Hearing-City Center Urban Renewal TT10705 a copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 successive and consecutive weeks in the following issues rNovember 3, 2005 l ~(~1 Charlotte Allsop (Accounting M ager) Subscribed and sworn to before me this November 3, 2005 '~W_A Cwuroun NOTAR UBLIC FOR OREGON My commission expires---- V, c;XK1 c-:;too Acct #10093001 City of Tigard OFFICIAL SEAL Patricia Lunsford SUZETTE I CURRAN NOTARY PUBLIC-OREGON 13125 SW Hall Boulevard COMMISSION NO.373063 Tigard, OR 97223 MY COMMISSION EXPIRES NOV. 28, 2007 Size 2 x 10 Amount Due $167.00 remit to address above 3 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING November 22, 2005 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > DISCUSSION OF PROCESS FOR COUNCIL GOAL SETTING IN JANUARY (Note: Second Floor Library Conference Room has been reserved from noon-5 p.m. on January 6, 2005 for the Council Goal-Setting Meeting) ■ Administration Staff EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (b) (e) and (h) to discuss discipline of public officers, to consider real property transaction negotiations, and to consult with Legal Counsel regarding litigation likely to be filed. 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. Potential Non Agenda Item: Announcement of City Council direction to staff as a result of discussion in Executive Session. > ADMINISTRATIVE ITEMS • Oregon Consensus Program O New Signal Ribbon Cutting - 12/14, 10:30 a.m. - Check for Council attendance (Mayor to cut ribbon.) Business Meeting Information; changes are also noted on the attached Council Meeting Agenda: 0 No Chamber of Commerce Representative will be present tonight. President Pam Brown will update the City Council on Chamber activities on December 20, 2005. This is noted on the attached agenda. O Agenda Item No. 4 regarding the Downtown Task Force was added to the agenda and noted in the material sent to the Council in the Friday mailing. The packet material is also attached. 1~1 Review Process for the Urban Renewal Hearing. See attached memo from Tina Mosca regarding "City Center Urban Renewal Plan Revisions." 9 Review Process for the Sunrise Annexation Hearing: 1. Receive public testimony limited to the consideration of the request to reopen the record. If the motion to reopen the record is approved, then no further action. If the motion to reopen is denied, the record is closed and the Council will consider the proposed ordinance. 2. Council motion to consider the request to reopen the record - see draft motion on Page 8-9 of the attached agenda. 3. Note: Letter dated November 22, 2005 from Attorney Larry Derr is attached. > COUNCIL CALENDAR December 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 20* Tuesday Council Business Meeting - 6:30 pm, Town Hall 26 Monday Christmas Holiday - City Offices Closed 27 Tuesday Council Business Meeting Canceled Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660(2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660(2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660(2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660(2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660(2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. t%admVcWhy%councihpink sheet - study session agendast2005W51025.doc MEMORANDUM TO: Honorable Mayor and City Council FROM: Cathy Wheatley, City Recorder ~01k RE: November 22, 2005, Council Packet Materials DATE: November 18, 2005 Attached are the following items for the November 22, 2005, Tigard City Council meeting packet: 1. Revised Agenda Revisions: a. Added Real Estate Transaction Negotiation to the Executive Session as a topic. b. Added an Agenda Item - See Item No. 4: Consider a resolution to commend the Downtown Task Force for completing its work program and to end its term of service. 2. Council Agenda Item Summary with attachments for Agenda Item No. 4 as noted above. 3. Changes were made to the ordinance and resolution for the urban renewal item. The urban renewal item is now Agenda Item No. 6 (instead of No. 5) because of the addition of Agenda Item No. 4 above. Attorney Firestone made some wording changes as recommended by the Department of Revenue after their review of the proposed ballot title. 4. Attachment Nos. 4 and 5 to Agenda Item No. 8 (used to be 7) for the Sunrise Annexation Public Hearing Continuation. I forwarded these two attachments to you by e-mail last Wednesday. These attachments were inadvertently omitted from the electronic packets on your disks. The online packet includes these two attachments. Oadmtpacket'05W51122Vnemo to council re packet changes.Goc Revised 1 1-1 7-05 - Added Agenda Item No. 4 - Downtown Task Force (Note: Agenda Items renumbered after 4.); Added Exec. Session Topic - Real Estate Property Transaction Negotiations TIGARD CITY :G9 MEETINOVEMBER 22, 20.m. CITY OF TIGARD OREGON TIGARD CIT1:3125 SW HTIGARD,.OR 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. Citizen Communication 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: 503-639-4471, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - NOVEMBER 22, 2005 page 1 AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 22, 2005 6:30 PM • STUDY SESSION > DISCUSSION OF PROCESS FOR COUNCIL GOAL SETTING IN JANUARY ■ Administration Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (a) and (e), employment of public officers, employees, & agents, and real estate property transaction negotiations. 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 U Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Representative • Follow-up to Previous Citizen Communication • City of Tigard Receives League of Oregon Cities Award ■ Good Governance Award - Downtown Improvement Plan COUNCIL AGENDA - NOVEMBER 22, 2005 page 2 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 Council Minutes for October 11, 18, and 25, 2005 3.2 Approve an Amendment to Resolution No. 01-02 Increasing the Number of Citizen-At-Large Members on the Tigard Tree Board - Resolution No. 05 - • 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. 7:45 PM 4. CONSIDER A RESOLUTION TO COMMEND THE DOWNTOWN TASK FORCE FOR COMPLETING ITS WORK PROGRAM AND TO END ITS TERM OF SERVICE a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 05- 7:55 PM 5. ANNUAL POLICE REPORT a. Staff Report: Police Staff b. Council Discussion 8:25 PM 6. PUBLIC HEARING (QUASI-] UDICIAL) TO CONSIDER ADOPTION OF THE TIGARD CITY CENTER URBAN RENEWAL PLAN AND CORRESPONDING BALLOT TITLE REQUEST: The City Center Development Agency requests the Planning Commission to recommend to the City Council adoption of the Tigard City Center Urban Renewal Plan and requests that the Council approve the Plan, subject to voter approval, and refer it to the voters. COMPREHENSIVE PLAN DESIGNATION: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). COUNCIL AGENDA - NOVEMBER 22, 2005 page 3 ZONE: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). APPLICABLE REVIEW CRITERIA: ORS 457.095; Tigard Comprehensive Plan Policies. a. Open Public Hearing b. Rules of Procedure C. Declarations or Challenges d. Staff Report: Community Development Staff e. Public Testimony Proponents Opponents Rebuttal f. Staff Recommendation g. Council Discussion h. Close Public Hearing I. Council Consideration: Urban Renewal Plan Adoption - Ordinance No. 05 - Ballot Title Adoption - Resolution No. 05 - 9:25 PM 7. CONSIDER BUDGET AMENDMENT #4 TO THE FY 2005-06 BUDGET TO ADD A FULL-TIME GIS COORDINATOR POSITION AND INCREASE APPROPRIATIONS IN THE INFORMATION TECHNOLOGY BUDGET a. Staff Report: Information Technology and Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 05 - 9:40 PM 8. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER ANNEXATION OF SUNRISE LANE (ZCA 2005-00004) (Continued from October 25, 2005) REVISED REQUEST: The applicant is requesting annexation of nine (9) parcels containing 19.95 acres into the City of Tigard. An additional 5.66 acres has been included by means of consents by Patricia Marshall, Richard and Michelle Crombie, and Jennifer and Leighton Walsh. Therefore, this annexation is for twelve (12) parcels totaling 25.61 acres. COUNCIL AGENDA - NOVEMBER 22, 2005 page 4 LOCATION: North of Bull Mountain Road at 150` and Sunrise Lane; WCTM 2S 105DD Tax Lots 400, 500, 600, 700,'l 000, 1100, 1300, 1400, 1500, 1600, 1700 and 1800. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. a. Public Hearing continued from October 25, 2005 b. Staff Report: Community Development Staff C. Staff Recommendation d. Council Discussion e. Close Public Hearing f. Council Consideration: Ordinance No. 05 - OR motion to reopen the record to allow additional evidence and argument on Tigard Comprehensive Plan Policy 10.1.1a (1)-(6) as requested by the applicant; evidence and arguments shall be submitted to City staff by ; and, the public hearing is set over to December 13, 2005. 9:50 PM 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS COUNCIL AGENDA - NOVEMBER 22, 2005 page 5 1 1. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. 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. 10:00 PM 12. ADJOURNMENT i:%admlcathylcca12 00 510 511 2 2.d- COUNCIL AGENDA - NOVEMBER 22, 2005 page 6 AGENDA ITEM # `-i FOR AGENDA OF 11-22-05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution to Commend the Downtown Task Force for Completing its Work Program and to End its Term of Service PREPARED BY: Beth St. Amand DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council adopt a resolution commending the Downtown Task Force for completing its work program and ending its term of service? STAFF RECOMMENDATION Review and adopt the attached resolution. INFORMATION SUMMARY In 2004, the City received a Transportation and Growth Management (TGM) grant from the Oregon Department of Transportation (ODOT), and the Downtown Task Force was expanded to develop the Tigard Downtown Improvement Plan (Resolution 04-16; Attachment 1). The Task Force went out into the community and reached more than 1,300 people, through a survey, two major public events, and over 50 small-group Community Dialogs, and used these comments to develop the Plan through their regular meetings. Hundreds of volunteer hours donated by Task Force members culminated in the Tigard Downtown Improvement Plan, which was completed and accepted by Council on Sept. 27, 2005, by Resolution 05- 62 (Attachment 2). A proposed resolution (Attachment 3) commends the Task Force for their extraordinary effort and achievement. Resolution 04-16 included a provision to review the Task Force's goals and objectives annually to assess progress and determine if circumstances warrant the Task Force's extension; with the Plan's completion, the Task Force now has finished its task and its term of service, as the proposed resolution formally states. OTHER ALTERNATIVES CONSIDERED None considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Central Business District Goal #1, Provide opportunities to work proactively with Tigard Central Business District Association (TCBDA) businesses and property owners and citizens of Tigard to set the course for the future of the central business district. ATTACHMENT LIST Attachment 1: Resolution 04-16: "A Resolution to Expand the Downtown Task Force" Attachment 2: Resolution 05-62: "A Resolution Accepting the Findings and Recommendations of the Tigard Downtown Improvement Plan Detailing the Community's Vision, Goals, and Implementation Framework to Revitalize Downtown Tigard." Attachment 3: Proposed Resolution to Commend the Downtown Task Force for Completing its Work Program and to End its Term of Service. FISCAL NOTES None. Attachment 1 CITY OF TIGARD, OREGON RESOLUTION NO. 04- I LO A RESOLUTION TO EXPAND THE DOWNTOWN TASK FORCE. WHEREAS, the existing Downtown Task Force completed its charges from Council, issuing the "Recommended Design Elements for the Downtown Tigard Commuter Rail Station" document and examining Downtown's existing land use and economic conditions to identify revitalization and economic development needs; and WHEREAS, for FY2004-2005, the City has received a $113,000 Transportation and Growth Management Grant (TGM) from the state to develop a Downtown Redevelopment Plan, and federal and state rules require citizen involvement in the Plan's development; and WHEREAS, the current Downtown Task Force members appointed in 2002-have extensive knowledge of the Downtown, and the TGM Grant will need to build upon all the work that has been completed thus far, and WHEREAS, in recognition of the complex nature of completing a redevelopment plan for the Downtown, City Council has expressed the need to involve more of the community-at-large in Downtown planning and enlarge the existing Task Force to include additional citywide representatives; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In recognition of the complex nature of completing a Downtown redevelopment plan, which requires the inclusion of additional citywide representatives, the Downtown Task Force shall be expanded fora total of up to 24 members. SECTION 2: In recognition of the current Task Force's extensive knowledge of the Downtown, the Council directs that all current Task Force members be invited to continue serving on the expanded Downtown Task Force: Carolyn Barkley; Brian Bishop; Martha Bishop; Alexander Craghead; Mayor Craig Dirksen; Marland Henderson; Chris Lewis; a TVF&R representative; Mike Marr, Judy Munro; Mike Stevenson; Dr. David Torkko. SECTION 3: All remaining positions on the Task Force shall be filled through the standard committee and . board recruitment process and should reflect Tigard's broad constituency and Downtown stakeholders. SECTION 4: The goals and objectives of the Task Force shall be reviewed annually to assess progress and determine if circumstances warrant the Task Force's extension. SECTION 5: This resolution is effective immediately upon passage. RESOLUTION NO. 04 - J( p Page 1 PASSED: This q day o 2004. Mayo - City of Tigard ATTEST: City Recorder --City of Tigar I: VIPIMcffiVDowntown\Crnmc~7 2004\3 9 04 Expand Task Rw doc RESOLUTION NO. 04 - Page 2 CITY OF TIGARD, OREGON Attachment 2 RESOLUTION NO. 05-f 2_ A RESOLUTION ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE TIGARD DOWNTOWN A PROVEMENT PLAN DETAILING THE COMMUNITY'S VISION, GOALS, AND BOLEMENTATION FRAMEWORK TO REVITALIZE DOWNTOWN TIGARD. WHEREAS, the Direction Statement for Community Character and Quality of Life as stated in the Tigard Beyond Tomorrow 2004 Progress Report identifies the Main Street Area as a focal point for the community and calls for a clear direction for a "pedestrian-friendly Downtown" to be established and implemented; and WHEREAS, the City Council identified creation of a common vision for the Central Business District as a .goal in 2003, redevelopment of the Central Business District as a goal in 2004, and the revitalization of Downtown Tigard as a goal in 2005; and WHEREAS, the Council adopted Resolution 03-15, which supported the City's application for .a. Transportation and Growth Management (TGM) grant application for state assistance in preparing a Downtown revitalization plan; and WHEREAS, recognizing the complex nature of redeveloping Downtown Tigard, the City Council established the 24-member Downtown Task Force; and WHEREAS, the TGM program awarded a grant to the City committing $127,610 for FY2004-05, to be used towards consultant services for the creation of the Tigard Downtown Improvement Plan (TDIP); and WHEREAS, a consultant was selected in June 2004 to work with the community, Downtown Task Force and City staff on the development of the Plan; and WHEREAS, in September 2005, the City, Oregon Department of Transportation and consultants expanded the scope of work to accommodate additional public outreach activities. The expanded scope of work added significant consultant and staff time, but procured valuable public input for the-Plan. As part of the contract extension, the TOM grant was increased to a total of $155,140; and WHEREAS, the purpose of the Tigard Downtown Improvement Plan is to set the vision for the Downtown Tigard of the future, establish guiding principles to guide future efforts, and identify development types and catalyst projects needed to create a climate for investment; and WHEREAS, the TDIP Implementation Action Plan provides recommendations for the implementation of the Downtown Improvement Plan that will serve as a guide for fizttre actions in the area NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council accepts the findings and recommendations of the Tigard Downtown Improvement Plan as shown in Exhibit A. RESOLUTION NO. 05 - (p2, Page 1 SECTION 2: The Council directs the City staff to use the Plan's goals, objectives and recommended f actions as a guide for future programming of Downtown improvements. SECTION 3: Council accepts the TGM grant products, including the Downtown Improvement Plan and associated documents (Exbibit A). SECTION 4: This resolution is effective immediately upon passage. fill PASSED: This day of 2005. Mayor - ty of Tigard ATTEST: City Recorder - City of Tigarl C) RESOLUTIONNO.05 - (Oa Page 2 CITY OF TIGARD, OREGON Attachment 3 RESOLUTION NO. 05- A RESOLUTION TO COMMEND THE DOWNTOWN TASK FORCE FOR COMPLETING ITS WORK PROGRAM AND TO END ITS TERM OF SERVICE. WHEREAS, for FY 2004-2005, the City received a $113,000 Transportation and Growth Management Grant (TGM) from the State of Oregon to develop the Tigard Downtown Improvement Plan; and . WHEREAS, federal and state rules require citizen involvement in the Plan's development; and WHEREAS, the existing Downtown Task Force was expanded and 24 citizens were appointed in 2004 to develop the Plan (Resolution 04-16); and WHEREAS, when the City Council expressed the need to involve more members of the community-at- large in Downtown planning, the Task Force did an outstanding job of reaching more than 1,300 people through a survey, two major public events, and over 50 small-group Community Dialogs, and used these comments to develop the Plan; and WHEREAS, the Tigard Downtown Improvement Plan was completed and accepted by Council on September 27, 2005; and WHEREAS, the work of the Downtown Task Force in developing the Downtown Improvement Plan has been recognized by the League of Oregon Cities by awarding the City of Tigard its 2005 Good Governance Award; and WHEREAS, Resolution 04-16 included a provision to annually review the Task Force's goals and objectives to assess progress and determine if circumstances warrant extending the term of the Task Force; and WHEREAS, the Downtown Improvement Plan is complete and the Task Force has finished its task. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The following Downtown Task Force members, both past and current, are hereby commended for their outstanding efforts, time commitments and energies in completing the work program: Jim Andrews, Janice Arave, Carolyn Barkley, Martha E. Bishop, Joshua Chaney, Alexander Craghead, Ken Dawson (TVFR), Craig Dirksen, Heather Guevara, Marland Henderson (Chair), Barry Houk, Chris Lewis, Mike Marr (former Chair), Susan Morelli, Judy Munro, Dan Murphy, Lisa Olson, Nicole Palmateer, Yudhi Patel, Catherine Renken, Jan Richardson, Mike Stevenson, John Wilson, Sue Wirick. SECTION 2: The Downtown Task Force has successfully completed its task and its term will not be extended. RESOLUTION NO. 05 - Page 1 SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2005. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard iAadm\packet'05\051122\t 1 22 05 resolution commend task force attach c.doc - RESOLUTION NO. 05 Page 2 To: Duane Roberts Associate Planner From: Tina Mosca Date: November 22, 2005 Re: City Center Urban Renewal Plan Revisions The purpose of this memo is to provide a list of revisions to the Plan recommended by the CCAC on November 17`h. A detailed description of each of the recommended changes as well as the reason(s) for each change is provided. In addition to the Plan revisions recommended by the CCAC, the consultant team has recommended a change to the Report, which is also described below. The majority of the recommended changes are intended to increase the clarity and legibility of the Plan and Report for the general public. City Center Urban Renewal Plan Revisions Table of Contents - Section VII - Remove first section "D" - Mixed Use Employment Reason for change: As noted in previous draft Plan, the Area does not include property within the MUE zone. Page 4 - Figure 1 *Note: The changes identified below will be made to all of the project maps (Figures 1 to 7) - Insert a street label for Highway 99W. - Move Hall Boulevard label closer to Highway 99W/Hall Boulevard intersection. - Add a railroad symbol to the map legend. - Remove street labels outside of the Area, with the exception of Grant Street and Hunziker Road. Reason for changes: The changes will increase the clarity and legibility of the map. Page 9 - Section V, Paragraph 1, Line 1 - Rephrase Line l as: "Urban renewal projects authorized under the Plan, which may be undertaken by the Agency, are described below and shown in Figures 2 to 7." Reason for change: This change is intended to emphasize that, while the Agency has the authority to implement any of the projects identified in the Plan, it is not required to implement all of the projects. 1 ,y Page 9 - Section V, Paragraph 1 - At the end of Paragraph 1, insert the following language: "Property acquisition may be required for these projects. Further, some of the projects described herein will require participation of other public agencies." Reason for changes: Property acquisition for public right-of-ways, etc. may be required to implement various projects identified in the Plan. It is also important to emphasize that some projects, including the Hall Boulevard/Highway 99W Intersection Improvements, will require collaboration with other agencies, such as ODOT. Page 9 - Section V(A)(3) - Delete the first part of Line 2: "The acquisition of additional public right-of-way may be undertaken as part of the project..." - Rephrase Line 2 to read: "The project will improve multimodal circulation and safety and reduce congestion at this major intersection, which serves as an important gateway to downtown." Reason for changes: It is not necessary to identify property acquisition as an element of this project since the introduction to Section V identifies property acquisition as a possible component of multiple projects. Page 18 - Section V(F)(4) - Rephrase the Post Office Relocation project description as: "The relocation of the existing downtown post office is a project under the Plan." - Move the Post Office Relocation ahead of the Public Market Area on the project list and reformat it as F(3). Accordingly, reformat the Public Market Area as F(4). Reason for changes: The reference to the "possible relocation" of the post office is not necessary. The introduction to Section V makes it clear that the Agency has the authority, but is not required, to undertake all of the projects identified in the Plan. Since specific locations for the Public Market Area and Public Restrooms projects have not been identified, these projects have been moved to the end of the list of public facilities projects. Page 19 - Figure 7 - Insert phrase "exact locations TBD" next to "Public Facilities" in the text box in the lower left hand corner. - Change the order of the projects in the text box so that the Post Office Relocation is third on the list and the Public Market Area is fourth on the list. - Move the "Public Restrooms" symbol on the map east, away from Fanno Creek Park. Reason for changes: The location of the Public Restrooms and Public Market Area projects has not been determined yet. We don't want to given the public the impression that restrooms will be located in sensitive areas of Fanno Park, so the restrooms symbol was shifted to the east. 2 r' Page 33 - Section VIII(B), Paragraph 1, Line 3 - Rephrase text: "Fair use value" should be "Fair reuse value." - Note: Jeff and the consulting attorney, Jeannette Laurier, need to add language that explains why the fair reuse value may not be the same as the fair market value. Reason for changes: The first change is a typo. The second change is intended to clarify what is meant b "fair reuse value" and why it may differ from fair market value. Page 34 - Section X, Paragraph 2, Line 3 - Rephrase Line 3 as: "Debt, including bonds, may be both long-term and short-term, and does not require voter approval." Reason for change: Clarity. If the public approves the Plan in the May 2006 election, debt undertaken by the Agency to finance urban renewal projects will not result in a tax increase and will therefore not require separate voter approval. Page 35 - Section XI, Line 2 - Split Line 2 into two sentences that read: "As is common practice in urban renewal plans in Oregon, tax increment revenues may continue to be collected beyond this date. Collection may continue until it is found that deposits in the Commission's debt service fund are sufficient to fully pay principal and interest on indebtedness issued during the twenty years following the effective date of the Plan, either through direct payment of the indebtedness or by payment of principal and interest bonds or notes issued to finance the indebtedness." - After the new Line 3 and before Line 4, insert the following sentence: "Tax increment revenues collected after the twentieth anniversary of the Plan may only be used to retire outstanding debt." Reason for changes: Increase the legibility of text and emphasize the fact that tax increment revenues may not be used to issue new debt after the twentieth anniversary of the Plan. Page 36 - Section XII(A) and XII(B) - Merge the text in subsections A and B and remove the section header formatting for B. - Rename Section XII(A) "Substantial Amendments" - Insert the following general description under Section XII(A): "Amendments that increase the maximum indebtedness of the Plan and add land to the urban renewal area that total more than I% of the total plan area are classified as substantial amendments." - Reformat former Section XII(A) to Section XII(A)(1) "Substantial Amendments Requiring Voter Approval" - Reformat former Section XII(B) to Section XII(B)(2) "Substantial Amendments Not Requiring Voter Approval" - Insert the "not" before "more than 1 in Section XII(B)(2). The "not" was deleted in the last set of revisions in error. - Pursuant to the above revisions, reformat Sections XII(C) and XII(D) to Sections XII(B) and XII(C). Reason for changes: Increase the legibility of the text and make it easier for readers to differentiate between Substantial, Council-approved and Minor Amendments. 3 A Report Revisions Page 27 - Section XII(A) and XII(B) - After Table 9, insert a new project cost summary Table 10 that shows total costs by each of the major project types (e.g. street improvements, streetscape improvements, etc.) over the duration of the plan. - Renumber all tables following the new Table 10 and update any table references in the text accordingly. Reason for changes: Adding a summary cost table will make it easier for the public to understand the overall distribution of tax increment revenues by project type. 4 Council Meeting of 11/22/05 Item No. 6 - Urban Renewal Attachment 8 - Rev. 11-18-05 CITY OF TIGARD, OREGON RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT WHEREAS, a dulynoticed public hearing was held on November 22, 2005, to receive public input on the proposed adoption of the City Center Urban Renewal Plan; and WHEREAS, the City Council, has considered the comments of other taxing districts, the recommendation of the Planning Commission, and the comments provided at and before the public hearing; and has decided to submit the City Center Urban Renewal Plan to the voters for their approval; and WHEREAS, the City Council has adopted an ordinance approving the City Center Urban Renewal Plan, subject to voter approval; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard for the purpose of submitting to the legal voters the following question: Shall the City Center Urban Renewal Plan, including tax increment financing of transportation and other improvements, be approved? SECTION 2: Tuesday, May 16, 2006, is hereby designated as the date for holding the election for the purpose of voting on the measure as stated in the above paragraph. SECTION 3: The election will be conducted by the Washington County Elections Department. SECTION 4: The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Tigard. RESOLUTION NO. 05 - Page 1 SECTION 5: The ballot title to appear on the ballots shall be: CAPTION City Center Urban Renewal Plan and Tax Increment Financing QUESTION Shall the City Center Urban Renewal Plan, including tax increment financing of transportation and other improvements, be approved? SUMMARY The City Center Urban Renewal Plan provides for improving transportation, and other public facilities in the City Center area, which generally includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard and east of Fanno Creek. The projects proposed by the Plan would be financed in part by tax increment financing. Tax increment financing allocates the property taxes on any increases in total property value in the Urban Renewal Area to the Tigard City Center Development Agency (the Urban Renewal Agency), which then repays indebtedness incurred to finance Plan projects. The maximum indebtedness under the plan is $22 million. SECTION 6: The Council adopts the Explanatory Statement for the measure that is attached to this Resolution (Exhibit A). SECTION 7: The City Recorder and other staff shall take all necessary steps to effectuate this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of , 2005. Craig Dirksen, Mayor ATTEST: Catherine Wheatley, City Recorder iAadm\packet'05\051122Wr.ballot title cdw.doc RESOLUTION NO. 05 - Page 2 Exhibit A EXPLANATORY STATEMENT This measure, if approved, would approve the City Center Urban Renewal Plan, including a provision to finance urban renewal projects through tax increment financing. The urban renewal area covered by the Plan includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. The Plan and the Urban Renewal Report which provides information about the Plan are available at city hall and at www.tigard-or.gov. Projects included in the Plan include: Street improvements: Ash Avenue Scoffins/Hall/Hunziker intersection Hall/99W intersection Greenburg Road/99W intersection Burnham Street Center Street Streetscape (landscaping, street trees, street furniture) Main Street Burnham Street Commercial Street Ash Avenue Scoffins Road Center Street Bike/Pedestrian improvements Commuter rail access Hall Boulevard Scoffins Street Tigard Street 99W Center Street Fanno Creek Pedestrian bridge North Rail Corridor Tigard/Grant intersection Park Improvements Fanno Creek Park Skateboard Park Public Spaces Green corridor/urban creek Plazas Urban green spaces Public market Public buildings Performing arts center Public parking Public market area Post office relocation Public restrooms The Plan calls for tax increment financing. Under tax increment financing, property taxes are divided into two parts. Taxes on the value of the urban renewal area as of the date a plan is initiated are paid to the county, city, and other taxing districts in the normal way taxes are apportioned. The taxes on any increase in the total assessed value of the urban renewal area after initiation of the plan are paid to the Urban Renewal Agency, to be used to repay indebtedness incurred to pay for plan projects. The tax increment financing would not have an effect on permanent tax rates, it will likely result in a very small increase in rates to repay bonded indebtedness approved by voters before October 6, 2001. If the measure is approved, the County, City and other taxing districts would continue to receive taxes on the current total value of all property within the urban renewal area but would not receive taxes paid on the increase in assessed value, including the maximum of 3% annual increase in taxable assessed value for most existing properties or increases due to improvements to property. When the tax increment financing of the Plan ends, it is expected that total property values in the Plan area would exceed what they would have been without the Plan, thereby providing increased revenue to all taxing districts. AGENDA ITEM NO.2 . CITIZEN COMMUNICATION DATE : NOV. 22, 2005 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. This is a City of Tigard public meeting, subject to the State of Oregon's pubfic meetig and records laws. Alf written and oral testimony become part of the pubfic record and is openly available to all members of the pubfic. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED 2 , Ch4,4 ~ 00-'t (C=am T-50,Ad .C~,40~v, L CITIZEN COMMUNICATION Page 1 AGENDA ITEM # 3, a FOR AGENDA OF November 22, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Changing the configuration of the Tree Board by increasing the maximum number of citizen-at-large members and decreasing the maximum number of Pl in Commission members PREPARED BY: Matt Stine DEPT HEAD OK CITY MGR OK PP ISSUE BEFORE THE COUNCIL Shall the City Council adopt the proposed resolution increasing the maximum number of citizen-at-large members and decreasing the maximum number of Planning Commission members serving on the Tree Board. STAFF RECOMMENDATION Approve the resolution. INFORMATION SUMMARY This item was presented to Council on November 8, 2005, as a request to review the Tree Board's recommendation. Currently, the resolution establishing the Tree Board allows for at least two and no more than four citizen-at-large members, and at least one and no more than three Planning Commission members to serve on the board. The Planning Commission has appointed one representative. To increase participation on the board, members, including the Planning Commission representative, have approved an amendment to Resolution No. 01-02. This amendment will change the configuration of the Tree Board by increasing the maximum number of citizen-at-large members from four to five, and decreasing the maximum number of Planning Commission members from three to two. The total number of Tree Board seats will remain at seven. The board seeks to increase citizen-at-large positions, creating greater opportunity for citizen participation to more effectively carry out the vision and goals of the Tree Board. OTHER ALTERNATIVES CONSIDERED The City Council could choose not to amend the Resolution No. 01-02, or suggest other changes than those proposed by the Tree Board. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Tigard Beyond Tomorrow: Growth and Growth Management, Goal #1, Strategy #2- Develop and implement design standards that preserve and protect open space, greenways and natural areas. ATTACHMENT LIST Proposed resolution Resolution No. 01-02 FISCAL NOTES There will not be any special funding requirements for the approval and implementation of the proposed changes to Resolution No. 01-02. A --r i- 5 . ~ P.r-cr~~.e•^R'~5'n++~fi'rv~`A3ci'i~.",5ss~' i'a"! ,Tir "'_1'S'i'7`Ff". 17*.''r~"iC3~?... X ~ 1 CITY OF'nGARD, OREfi~~1 RESOLUTION NO.01- A RESOLUTION TO ESTABLISH, A TREE BOARD TO DEVELOP AND ADMINISTER A! COMPREHENSIVE COMMUNITY TREE MANAGEMENT PROGRAM FOR THE CARE OF TREES ON PUBLIC PROPERTY. K' WHEREAS, the City is interested in maldng application as a Tree City USA; and E5 WHEREAS, in order for the City to qualify as a Tree City USA, . a Tree Board or Department must be established; and },1 WHEREAS, a Tree Board would encourage citizen involvement in the implementation of an urban forestry ' plan that meets the community's needs; and WHEREAS, a Tree Board would facilitate achievement of the community's goals for tree program management, maintenance, removal, replacement, and protection. k NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: "I 't SECTION 1: A Tigard Tree Board is hereby established SECTION 2: The mission of the Tigard Tree Board is to develop and administer a comprehensive community tree management program for the maintenance, removal; replacement, and u; protection of trees on .public property. SECTION 3: The composition of the board shall be a minimum of five (5) members not to exceed seven r (7) members. A minimum of one (1) not to exceed three (3) members shall also be current t~ members of the Planning Commission. The Planning Commission small appoint these members. A minimum of two (2) not to exceed four (4) shall be citizens at large appointed ' by the City Council. "Citizen" shall mean citizens of Tigard or the Washington County Urban Services area administered by the City. SECTION4: The Planning Commission shall appoint one (1) to three (3) members to the Tree Board from the members of the Commission at the January meeting in each odd numbered year beginning in 2001. } SECTION 5: The City Council shall appoint the citizen members to the Tree Board. If two (2) members are appointed initially, one (1) shall be appointed to a two year teen and one (1) to a four year term. If three (3) members are appointed initially, one (1) shall be appointed to a two year term and two (2) shall be appointed to four year terms, if four (4) members are 'appointed initially, two O 2 shall be appdinted to two year terns and two O 2 to four year terms. Following the expiration of the initial terms, subsequent terms shall be for four years each. RESOLUTION NO.01- Pa 41~. t i , r . a 1 T4.91 TTI 7. ~ ti I ♦ ~ ~ ' tF H IA 1 1A ~ ~ ~ ; 1~ 1 4 .Y 1 1 SECTION Miombers oi' :tho Tne Bond limited " s1~a21 be to two conaecutixe got wng prior'eppdntment to en unmcpirAd term. SECTION 7: The City's Urban Forma sh>tll serve u stafT HWwn to fie Tres Board. l•1~ t SUCTION 8: The Tree Board shall comply with the Oregon Public Meeting Law, meet on a rrrgulffi basis and make rocommendations to city Council as nodded to implement the urban f)reg ry plan. 1 PASSED: This day of 2001. '-f, ~.f r - City of j ATTEST: .7 C~ Greer A. Gaston, Deputy City Recorder 'i. r: r L11~01/AEtOIlJt10WS17Mtl ~pAIA.000 rrf 7 1!0 cr. RESOLUTION NO.01- .•4,•• pw~ AGENDA ITEM # FOR AGENDA OF 11-22-05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution to Commend the Downtown Task Force for Completing its Work Program and to End its Term of Service PREPARED BY: Beth St. Amand DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council adopt a resolution commending the Downtown Task Force for completing its work program and ending its term of service? STAFF RECOMMENDATION Review and adopt the attached resolution. INFORMATION SUMMARY In 2004, the City received a Transportation and Growth Management (TGM) grant from the Oregon Department of Transportation (ODOT), and the Downtown Task Force was expanded to develop the Tigard Downtown Improvement Plan (Resolution 04-16; Attachment 1). The Task Force went out into the community and reached more than 1,300 people, through a survey, two major public events, and over 50 small-group Community Dialogs, and used these comments to develop the Plan through their regular meetings. Hundreds of volunteer hours donated by Task Force members culminated in the Tigard Downtown Improvement Plan, which was completed and accepted by Council on Sept. 27, 2005, by Resolution 05- 62 (Attachment 2). A proposed resolution (Attachment 3) commends the Task Force for their extraordinary effort and achievement. Resolution 04-16 included a provision to review the Task Force's goals and objectives annually to assess progress and determine if circumstances warrant the Task Force's extension; with the Plan's completion, the Task Force now has finished its task and its term of service, as the proposed resolution formally states. OTHER ALTERNATIVES CONSIDERED None considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Central Business District Goal #1, Provide opportunities to work proactively with Tigard Central Business District Association (TCBDA) businesses and property owners and citizens of Tigard to set the course for the future of the central business district. ATTACHMENT LIST Attachment 1: Resolution 04-16: "A Resolution to Expand the Downtown Task Force" Attachment 2: Resolution 05-62: "A Resolution Accepting the Findings and Recommendations of the Tigard Downtown Improvement Plan Detailing the Community's Vision, Goals, and Implementation Framework to Revitalize Downtown Tigard." Attachment 3: Proposed Resolution to Commend the Downtown Task Force for Completing its Work Program and to End its Term of Service. FISCAL NOTES None. Attachment 1 CITY OF TIGARD, OREGON - RESOLUTION NO.04-ILO A RESOLUTION TO EXPAND THE DOWNTOWN TASK FORCE. WHEREAS, the existing Downtown Task Force completed its charges from Council, issuing the "Recommended Design Elements for the Downtown Tigard Commuter Rail Station" document and examining Downtown's existing land use and economic conditions to identify revitalization and economic development needs; and WHEREAS, for FY2004-2005, the City has received a $113,000 Transportation and Growth Management Grant (TGM)fiCom. the state to develop a Downtown Redevelopment Plan, and federal and state rules require citizen involvement in the Plan's development; and WHEREAS, the current Downtown Task Force members appointed in 2002-have extensive knowledge of the Downtown, and the TGM Grant will need to build upon all the work that has been completed thus far; and WHEREAS, in recognition of the complex nature of completing a redevelopment plan for the Downtown, City Council has expressed the need to involve more of the community-at-large in Downtown planning and enlarge the existing Task Force to include additional citywide representatives; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In recognition of the complex nature of completing a Downtown redevelopment plan, which requires the inclusion of additional citywide representatives, the Downtown Task Force shall be expanded for a total of up to 24 members. SECTION 2: In recognition of the current Task Force's extensive knowledge of the Downtown, the Council directs that all current Task Force members be invited to continue serving on the expanded Downtown Task Force: Carolyn Barkley-, Brian Bishop; Martha Bishop; Alexander Craghead; Mayor Craig Dirksen; Marland Henderson; Chris Lewis; a TVF&R representative; Mike Maid Judy Munro; Mike Stevenson; Dr. David Torkko. SECTION 3: All remaining positions on the Task Force shall be filled through the standard committee and. board recruitment process and should reflect Tigard's broad constituency and- Downtown stakeholders. SECTION 4: The goals and objectives of the Task Force shall be reviewed annually to assess progress and determine if circumstances warrant the Task Force's extension. SECTION 5: This resolution is effective immediately upon passage. RESOLUTION NO. 04 - Page 1 PASSED: This ~ day o 2004. . Mayo - City of Tigard ATTEST: LCijyRe,±c0rdepr, - City of Tigar I.%RPLN\hcth\Do%mtown\Council 2004\3 9 04 Expand Task Force.doc RESOLUTION NO. 04 - Page 2 CITY OF TIGARD, OREGON Attachment 2 RESOLUTION NO.05-~ 2 - I A RESOLUTION ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE TIGARD DOWNTOWN lIvIPROVEMENT PLAN DETAILING THE COMMUNITY'S VISION, GOALS, AND IMPLEMENTATION FRAMEWORK TO REVITALIZE DOWNTOWN TIGAR.D. WHEREAS, the Direction Statement for Community Character and Quality of Life as stated in the Tigard Beyond Tomorrow 2004 Progress Report identifies the Main Street Area as a focal point for the community f and calls for a clear, direction for a "pedestrian-friendly Downtown" to be established and implemented; and I WHEREAS, the City Council identified creation of a common vision for the Central Business District as a goal in 2003, redevelopment of the Central Business District as a goal in 2004, and the revitalization of Downtown Tigard as a goal in 2005; and WHEREAS, the Council adopted Resolution 03-15, which supported the City's application for a Transportation and Growth Management (TGM) grant application for state assistance in preparing a Downtown revitalization plan; and WHEREAS, recognizing the complex nature of redeveloping Downtown Tigard, the City Council established the 24-member Downtown Task Force; and WHEREAS, the TGM program awarded a grant to the City committing $127,610 for FY2004-05, to be used towards consultant services for the creation of the Tigard Downtown Improvement Plan (TRIP); and WHEREAS, a consultant was selected in June 2004 to work with the community, Downtown Task Force and City staff on the development of the Plan; and WHEREAS, in September 2005, the City, Oregon Department of Transportation and consultants expanded the scope of work to accommodate additional public outreach activities. The expanded scope of work added significant consultant and staff time, but procured valuable public input for the Plan. As part of the contract extension, the TGM grant was increased to a total of $155,140; and WHEREAS, the purpose of the Tigard Downtown Improvement Plan is to set the vision for the Downtown Tigard of the future, establish guiding principles to guide future efforts, and identify development types and catalyst projects needed to create a climate for investment; and WHEREAS, the TDIP Implementation Action Plan provides recommendations for the implementation of the Downtown Improvement Plan that will serve as a guide for fiztuu a actions in the area. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council accepts the findings and recommendations of the Tigard Downtown Improvement Plan as shown in Exhibit A. RESOLUTION NO. 05 - (p2, Page I SECTION 2: The Council directs the City staff to use the Plan's goals, objectives and recommended actions as a guide for future programming of Downtown improvements. SECTION 3: Council accepts the TGM grant products, including the Downtown Improvement Plan and associated documents (Exhibit A). SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2005. I Mayor - ty of Tigard ATTEST: City Recorder - City of Tigar lindmVad(el UW51011%9 27 98 =WLMun accepkp the tdlp.d= RESOLUTIONN0.05 - (Oa Page 2 AGENDA ITEM # FOR AGENDA OF November 22, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Annual Police Report PREPARED BY: Brenda Abbott DEPT HEAD OK yl CITY MGR OK ISSUE BEFORE THE COUNCIL Presentation to Council by Chief Dickinson to provide Council with the annual update on crime trends and Department initiatives. STAFF RECOMMENDATION Receive report. INFORMATION SUMMARY In addition to reviewing crime trends and department accomplishments and initiatives, the Chief will discuss how the Police Department is coping with the forces of change at work in law enforcement and where the Department is spearheading change. OTHER ALTERNATIVES CONSIDERED Not applicable. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Chief s Annual Report will cover the following goals from the Tigard Beyond Tomorrow Progress Report 2004 Public Safety section: Goal #1) The community residents, business owners, and service providers will understand their roles through effective communication to successfully enhance public safety and emergency services. Goal #4) Police Outreach: Better communication with all citizens. The report will also cover topics in the Transportation and Traffic section of Tigard Beyond Tomorrow: Goal #1 Improve traffic safety. ATTACHMENT LIST PowerPoint Presentation FISCAL NOTES Not applicable. i:ladmlpackel'0510511221police annual repon.0oc , TIGARD POLICE DEPARTMENT Annnal Report - "Thr l"hirf of Plire shall ' Provide f+r an anneal . . pnhlic rzvirly nnJ ' e Chief of Police Wit, a William Dickinson , OAeY G0 ` I November 22, 2005 Mission ilVR Vision To create the highest level of livability Partnering with citizens and other departments possible by working with our citizens Developing well-trained, ethical and to preserve and protect life, liberty accountable employees and property. Earning public trust and confidence through our actions and values 1 I Goals Core Values • To reduce crime and the fear of crime Attitude • To assist the City of Tigard in the Leadership accomplishment of municipal goals and - objectives Integrity • To enhance the safety and security of Tigard's residents, visitors and businesses • Service • To preserve constitutional and civil rights, and foster good citizenship in our youth • Teamwork 9 CRIME TRENDS DIVISION SUMMARIES t CRIME TRENDS MANAGING CHANGE 9 FUTURE GOALS 2 c•rr.ianon a-Y-: Para 011X11 won-e 6 a.iranniai.e 4cnvry 412 51.x]. 5].,:r Officer Workload Indicators r a9. "1 • Part I Crime Trends • Violent Crime Trends rJnr., • Crime Indexes Between Cities • Part II Crime Trends -.-romi woraio.a n.aa.•a woruo.a +saunnlar.a City of Tigard Total Pert 1 Crimes UNKR'd URAE REPORTING, FOR TIGARD P(ILI(E DEP;:RTMENT, T16REI (:R PART ICRI;SES 14L'7 1998 1999 27:, X41 2012 2;.-)3 2;XA s.so0 NilMlflOE I I 0 I I RAFE ;5 - 'J 7 '6 "7 1i 3.000 3m 1 r9o 11 1 Rf,SEEP." i8 51 Ji 3! #1',, A~i A36AUli ] 63 .16 .?F '21 :.ooo PURIdI'FY 113 342 312 8z ?P3 140 iso0 L4KENY' 2.43! 1710 I n;i 1.8?2 L!l I Be,, '.221 1.205 MY' HEFT 21i 723 171 ?I 187 I18 '31 Iii i.ooo 21 12 II 'S 3 16 'm AA9~ N sa,, 1~•,•~• r. 2 2922 N4 216; ? 2a 0 2;2: 2. ea TOTAL Pan I Crimes 3,143 2,943 M 2,458 2793 2518 7,421 7.816 ° 1991 U98 1159 ]]OO 2001 2004 :00] ]0al 3 'fiolinl Crimi Ind,, P,, 71--d Riiidnnli (Murder. F-Ibl, RaPi. Aggravotid A-IN. and Robbiryl City of Tigard Total Violent Crimes 11200? ■?003 D?OOd IJO 6.00 128 ITO 127 5.00 100 1 8 1.00 107 110 9o 96 ].00 97 :0 2.00 70 ~o Loo 0.00 au 0 Qrc. 0 1591 1998 1999 2000 2001 2002 200J 2001 r ` `_r C r .t'\y\ .j0, Yom' { f~ IN IIFORM -.RIME REPORTING FOR TIGARD POLICE DEPARTMENT. TIGARD OR Pr ~a R1 lliknAE9 IC I 11.111 )D~~1 )np] hMA City of Tigard Total Part II Offenses xr: so9 z];a ]9go T:), .19i all 17 41 1. 11 w9 y ,A EAM 10. L11-M t All, 0 199) 1991 19% ]OW ]W1 MOx x00( xiW a1•.. 4 'V,J-eo at DIVISION SUMMARIES Investigations Prevention and Education • 300 students went through • DHS referrals went up 34% between 2003 G.R.E.A.T. Summer Camp and 2004 900 students successfully • In 2004 286 DHS cases were handled by completed the D.A.R.E. two school resource officers program . r.•. (That's more than one case per day.) 5 Property, Evidence, Records • 8603 cases entered in 2004 • Worked short one clerk from Sept. '03 to March '04 • Estimate '/2 of cases were entered within 72 hours of them being received in Records • Majority of cases are entered within 5 days of receiving them Property 8 Evidence: Total Items Seized and Found ;.ooo 6.333 6.000 - ~.7J9 3.000 0'99 4.000 3.911 3.000 2.000 1.000 0 2001 2002 2003 2004 6 Property & Evidence: Gun Processing Property & Evidence: Narcotics Processed 2004 W R.e,l C-11 nd k0 e5V 2JB 7J .;D G1 200 J0 /B6 53 _~0-169 {j\ ~5P \ Sim JJ 120 3J 1717- n)D i0 50 19 ) 0 200 2DU2 2003 200J i•l~il [-)02 2003 iOfiJ `v Patrol Division Community Policing 7 MANAGING CHANGE "Nothing endures Law enforcement but change. agencies function in an - Heraclifes environment that is in a constant state of fling. Types of Change City of Tigard Building Permit Analysls Residential MultbFamlly Commerclal • Increasing Population Density Fiscal Year Permits Dwellings Permits • Crime in the 21s' Century X00-20-31 4 33 .2 200LZa32 26 • Regulation 2C02a33 422 • Weapons 2003-2004 JiG 55 5 200- 2005 355 27 • Training Totals: 2115 23-0 5? 8 Crime in the 21St Century Tigard PD Response Times: Priority i Calls 02002 02003 02.01 .zoos YTp • ATM Scanners • Child Porn • Internet Dating/Chat Rooms Fraud & Identify Theft Increase I. k: 1E] xoa: zoos 20.1 2001 IT. Regulation Weapons • Department of Human Services • Cell Phones • OSHA / ORSHA • "Play" Guns • Oregon Administrative Rules (OARs) • Modified Glocks • Federal & Judicially Compelled Regulation • Modified Flashlights 9 ODA ti• End Cap The weapon can be the internet. t1 purchased on Ati' ,yt, t.~ i it is also available in the which fires -Ma9 size Mini z.*_, yr, ~,rY r y~..~°-°"' round. .380 Traditional Training 21St Century Training G Vi ~-'Qc) Managing Change Meth Impact Homeland Securit Meth is a nationwide, statewide and y citywide problem 11 What is so had ahoutmeth? r YI T {7 Highly potent Almost instantaneously addictive \4 High and the fall are more prolonged than with cocaine or heroin Mood disturbances last well beyond the use event ...the list continues Children are devastated by meth... • Meth abuse is the number one reason kids are f'f~::' + rest~'~ 111 lllllltl-;1~t').lCy1~lll P~rpl~~. removed from Oregon homes 3ea:d•TrIanihv0 dUehlers. i ages 7 sld !2. Jm lasnn inle • Meth is involved in 85% of property crime and tcusICr identity theft n,l: ry,... .i.. N.ONIO•JE i.lu.. n• ti~~I~. •wpl•li M JdNNso 12 48 Months of Meth... Pre:md l.r.l Oregon Aleth Lah Stats f f,1$` ' :i ~~\f: t I:r rr !J .I:riirr. 1. Jn lrrrrrr ,a.., l~ \ A• Irlrru: I'. tx Iol.r'll:rr'.' J_• /rl~r rr.rrr l..' ,~y\ ~ :y~~~l~~i6't ~ .~.y \larrll !tr \I:ir'r~ll Jv Ilrr,~lr • ^3-I!r^ f. r I~~ \~rrll Jv \Irrll yrl rl ,J I:r~ 'I \I:rr flrrr 1'~. f... 'LC~( t . +t•. I~mr !7 a ] ,1.0 J] Prrrr lJ o K ti~ " i' .Irny J] n. \ .r •r; l' "Y >ucrnr J_ \ncr.. }1 _ 4.,tlrlulu•f . ~~'"W. ~ u . ^1 rli lnM1rr' r I\wlnlnq' 11 h. In lulu. Ip 1998 2002 _Ir '1'.cd: 473 447 12v0:r Meth Impact How are we fighting meth? • changed how we respond • Outsourced officers working for regional • changed how we function once on scene agencies • changed how we staff • Assigned more personnel to handle • changed how we train consistently increasing DHS referrals • changed how we investigate (much of them generated from homes of meth users) 13 Accountability • Documented & investigated complaints • Documented recognition • Began research into new "tools" that would aid with evidence and officer accountability V ~ ~e~ CCU Tigard PO is not only managing change well, we FUTURE GOALS are taking the lead in some areas of law enforcement. 14 i Future Goals & Challenges Revise policies and General Orders Integrate Police staff with new GIS systems TPOA Contract Negotiations Begin in January Prepare for Commuter Rail Traffic Safety Address Future Accreditation Plans Plan for New PD Facility Evaluate Staffing 8 Procedures In Property 8 Evidence Begin Paperless Reporting Processing Planning Maximize Opportunities for Revenue Closely Evaluate Detective Staffing 8 Workload Fully Develop Strategic Plan Document 15 CITY 0P TIGARD COMMUNITY OREGON SPAPERS_ NOTICE OF PUBLIC HEARING 6605 SE Lake Road, Portland, OR 97222 • PO The City Center Urban Renewal Plan and the Report on the City Box 22109 • Portland, OR 97269 Center Urban Renewal Plan will be considered by the Tigard City Phone: 503-684-0360 Fax: 503-620-3433 Council on Tuesday. November 22. 2005 at 7:30 PM at the Tigard Email: Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. I legaladvertising@commnewspapers.com Public oral or written testimony is invited. The public hearing on this matter will be held under ORS 457.095, Title 18, and rules of procedure adopted by the Council and available at City Hall or the AFFIDAVIT OF PUBLICATION rules of procedure set forth in Section 18.390.060.E. The City Council will receive a recommendation from the Planning State of Oregon, County of Washington, SS Commission and then hold a public hearing on the request prior to making a decision. An urban renewal plan includes a list of projects 1 I, Charlotte Allsop, being the first duly sworn, and activities proposed for the urban renewal area and a funding I mechanism to for the projects and activities. depose and say that I am the Accounting Further informpay t n and a copy of the plan may be obtained from the Manager of The Times (serving Tigard, City of Tigard Planning Division (Staff contact: Duane Roberts) at Tualatin & Sherwood), a newspaper of 13125 SW Hall Blvd., Tigard, Oregon'97223 or by calling 503-639- general circulation, published at Beaverton, in 4171. I the aforesaid county and state, as defined by PUBLIC HEARING ITEM: ORS 193.010 and 193.020, that MISCELLANEOUS (MIS) 2005-00017 ® TIGARD CITY CENTER URBAN RENEWAL PLAN < City of Tigard REQUEST: - -The City Center Development Agency requests the Public Hearing-City Center Urban Renewal Planning Commission to recommend to the City Council adoption of TT10705 the Tigard City Center Urban Renewal Plan and requests that the Council approve the Plan, subject to voter approval, and refer it to the a copy of which is hereto annexed, was voters. LOCATION: see map below. COMPREHENSIVE PLAN published in the entire issue of said DESIGNATION: CBD, CBD (PD), C-G, C-P, R4.5, R-12, R-12 (PD). ZONE: CBD,'CBD (PD), C-G, C-P, R4.5, R-12, R-12 (PD). newspaper for APPLICABLE REVIEW CRITERIA: ORS 457.095; Tigard 1 Comprehensive Plan Policies. j successive and consecutive weeks in the following issues November 3, 2005 f 'Jq ;Q r V. , C, Ka,y Lo-k (ILU~,P Charlotte Allsop (Accounting Ma ager) , Subscribed and sworn to before me this November 3, 2005 f > f TAR PUBLIC FOR OREGON My commission expires/ a~ a(i f w # ' Acct #10093001 City of Tigard su, ` Patricia Lunsford . , NO Y CON r r..• i ,....Yf 13125 SW Hall Boulevard MY COMMISSIO :f , Tigard OR 97223 Size 2 x 10 Proposed Urban Renewal Area T~ ud - ~ Amount Due $167.00 City of Tigard, Oregon _3 t - ' remit to address above SVOams - Railroad , eesavm:c:ww..ri.,+~r+»ua.aawzne: sue.,: ,r us c aew Publish 11/03/2005 TT10705 Councilor Sherwood: I was able to get hold of some information about urban renewal districts in our area. Tigard is one of the last ones out of the gate to get anything accomplished in our downtown, and I would like to tell you the central district of Tualatin, the taxes were frozen $14,067,000 and they are now - with a few years into it - with value added increment $152,161,000. The City of Wilsonville, their tax base was frozen at $61,000,000 and the value added now is $255,000,000 and they are not even to the end of their urban renewal. The City of Lake Oswego was frozen at $45,000,000, and it's over $106,000,000 and I think they are just a few years into their urban renewal. So, I think that it's really important for the citizens of Tigard to embrace this plan and work with the City to do this - it adds value to our City. Creates a downtown, an increase in area for the City for its value. Ilsdmtcathykcmt2005t051122 shewood commentsAm Cath Y_. Wheatle y - V Growth Statistics Page 1 j From: Cathy Wheatley To: jim@na-company.com Date: 12/2/2005 3:47:44 PM Subject: AV Growth Statistics Hi Jim, I transcribed that portion of the tape from the 11/22 Council hearing when Councilor Sherwood made comments on changes in AV in several cities that implemented urban renewal. My transcription is attached. Councilor Sherwood also said she would fax out that information. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy@tigard-or.gov CC: Roberts, Duane Councilor Sherwood: I was able to get hold of some information about urban renewal districts in our area. Tigard is one of the last ones out of the gate to get anything accomplished in our downtown, and I would like to tell you the central district of Tualatin, the taxes were frozen $14,067,000 and they are now - with a few years into it - with value added increment $152,161,000. The City of Wilsonville, their tax base was frozen at $61,000,000 and the value added now is $255,000,000 and they are not even to the end of their urban renewal. The City of Lake Oswego was frozen at $45,000,000, and it's over $106,000,000 and I think they are just a few years into their urban renewal. So, I think that it's really important for the citizens of Tigard to embrace this plan and work with the City to do this - it adds value to our City. Creates a downtown, an increase in area for the City for its value. Duane Roberts - AV Growth Statistics Page 1 From: "Jim Rapp" <jim@na-company.com> To: "'Duane Roberts"' <DUANE@tigard-or.gov>, "'Tom Coffee<Tomc@tigard-or.gov> Date: 12/2/2005 8:21:24 AM Subject: AV Growth Statistics Churning out drafts of "tidbits" here, and I want to recapture the stats on property value growth in neighboring urban renewal districts that were brought up at the Council hearing I THINK it was Sydney. Pasted in below is the info I need (I cant remember how many cities were cited but I can fill in the blanks * Sherwood - $35 million to be spent, starting 2000, XX% growth in values * Hillsboro - $XX million, X years into Plan, XX% growth in values * Lake Oswego - $XX million, X years into Plan, XX% growth in values * Tualatin - $XX million, X years into Plan, XX% growth in values * Tigard - $22 million to be spent, starting 2006, growth in values Thanks- PS: After I finish up my first run at about 15 one-page tidbits (probably this afternoon) if I could I would like to send it to City staff for a review. Because of the short amount of time left, I intend to keep on writing and my editor will start editing Monday morning and right thru to completion - so any comments will be folded in as best when and if you can get them back. If nothing else it will be good to have you look at the topics and see if anything is missing. Stay tuned! Jim Rapp Senior Associate Norton-Arnold and Company 610 Broadway, Suite 306 Portland, Oregon 97205 jim@na-company.com 503.274.0267 503.274.0466 (fax) www.na-company.com - L)r~c ~ 11 a:~o~ Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's has three roles in this hearing. One is to make a land use decision under existing laws. The Council cannot change the law for the land use application under consideration. The second role is to decide as a matter of policy whether to adopt the plan and refer it to the voters. The Council's third role is to decide on the form of a ballot title, if it approves the Plan and refers to matter to the voters. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the applicable approval standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member cannot participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the applicant and those in favor of adopting the urban renewal plan testify. Then witnesses who oppose the urban renewal plan or who have questions or concerns testify. If there is opposition or if there are questions, the City, as applicant, can respond. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, City staff or consultantcan make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's land use decision to the Land Use Board of Appeals. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record.When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. i:Wdmlcathytccatquasi judicial rules of procedure4ules of procedure - city attomy qj statement.doc AGENDA ITEM No. 6 Date: November 22, 2005 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING CONSIDER ADOPTION OF THE TIGARD CITY CENTER URBAN RENEWAL PLAN AND CORRESPONDING BALLOT TITLE This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony IAADM\GREER\CCSIGNUP\PH TESTIMONY OJ.DOC AGENDA ITEM No. 6 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. PLEASE PRINT Proponent - (Speaking In Favor Opponent -(Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. `mil i~cvvti A 4 Y T~ ~ , •J ~ K W%8i -DGZ ~i'laa3 i : G r~ o Q c j 3- G 7 S- 94/9'Z ~`~D 3• lb~y . ~ 5 ~~J~ Name, Addr ss & P one o. Name, Address & Phone No. Name, Address & Phone No. ('gi~ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. D ~3o,r ~31~rFisl~l~ 1~a f OC (1-72_~J Name, ss & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. L Urban Renewal Plan Public Hearing - List of speakers not on sign in sheet during public hearing on November 22, 2005 Mary Potthoff 11710 SW Ann Street Tigard, OR 97223 Saundra Carroll 11330 SW 97th Court Tigard OR 97223 i:\adm\packet'05\051122\urban renewal plan public hearing - speaker list.doc Council Meeting of 11/22/05 Agenda Item No. 6 - Urban Renewal Attachrnent 7 - Rev. 11-15-05 CITY OF TIGARD, OREGON ORDINANCE NO. 05- AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS WHEREAS, after a lengthy public process with numerous opportunities for public input and comment, the City Center Urban Renewal Plan (the "Plan") and Report Accompanying the City Center Urban Renewal Plan (the "Report") have been prepared; WHEREAS, the Plan and Report were originally prepared at the direction of the City Center Development Agency; WI-IEREAS, the Plaluiing Commission, after a public hearing, recommended approval of the Plan and Report, with minor modifications; WHEREAS, the City has consulted and conferred with taxing districts that may be affected by adoption of the Plan and has received no written recommendations from a governing body of any of the districts; WHEREAS, the City Council held a public hearing on November 22, 2005, to receive comments on the Plan and Report; WHEREAS, the City has complied with all notice and hearing requirements and the City Council has carefully considered all comments relating to the Plan and Report. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council adopts the City Center Urban Renewal Plan attached hereto as Exhibit A, based on the Report Accompanying the City Center Urban Renewal Plan attached hereto as Exhibit B. SECTION 2: The City Center Urban Renewal Plan shall be submitted to the voters of the City for their consideration. A ballot title resolution shall be considered by the Council. SECTION 3: The adoption of the Plan under Section 1 shall have no effect unless and until the voters of the City approve the Plan, including tax increment financing. ORDINANCE NO.05-~ Page 1 SECTION 4: If the Plan is approved by the voters, the City shall assume and complete any and all activities required of it by the Plan; SECTION 5: The Council adopts the determinations and findings attached hereto as Exhibit C. The Council further adopts the Report- and Section VI of the Plan as findings. The Council also adopts Section IV of the Staff Report to Council as additional findings, attached here as Exhibit D. SECTION 6: 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 u nan-i mipi !5 vote of all, Council members present after being read by number and title only, this aka n0day of NOVeMbQX' , 2005. Catherine Wheatley, City Record APPROVED: By Tigard City Council thiscea day of Pv4. 2005. Craig irlcsen, Mayor Approved as to form: ` V i Attorney Date: l l - I:\admVacRe!'OSWS71221uncoundl.plan.odnanee eda.doc ORDINANCE NO.05-~ Page 2 (This page is attached to Ordinance No. 05-17 as a temporary placeholder until revised documents have been prepared as noted below.) The following Exhibits will be attached to Ordinance No. 05-17 once revisions have been incorporated. These revisions were approved by the Tigard City Coruicil on November 22, 2005. For more information, please contact City Recorder Cathy Wheatley: ca±y@ti art d-or.gov or 503-639-4171, Ext. 2410. Exhibit A - City Center Urban Renewal Plan and Exhibit B - Report Accompanying the City Center Urban Renewal Plan Nov 22 05 07:18p Tashman Johnson 5032453171 p.1 The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VII A. Property shall be conveyed at its fair reuse value. Fair reuse value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the Plan, the value mgy be lower than the property's fair market value. l$d /l.~(~/ S 2 /'e~~C/i 7~7 I t Cen tQfL 4-u Count l To: Duane Roberts I I , , Associate Planner From: Tina Mosca Date: November 22, 2005 Re: City Center Urban Renewal Plan Revisions The purpose of this memo is to provide a list of revisions to the Plan recommended by the CCAC on November 17`h. A detailed description of each of the recommended changes as well as the reason(s) for each change is provided. In addition to the Plan revisions recommended by the CCAC, the consultant team has recommended a change to the Report, which is also described below. The majority of the recommended changes are intended to increase the clarity and legibility of the Plan and Report for the general public. City Center Urban Renewal Plan Revisions Table of Contents - Section VII - Remove first section "D" - Mixed Use Employment Reason for change: As noted in previous draft Plan, the Area does not include property within the MUE zone. Page 4 - Figure 1 *Note: The changes identified below will be made to all of the project maps (Figures 1 to 7) - Insert a street label for Highway 99W. - Move Hall Boulevard label closer to Highway 99W/Hall Boulevard intersection. - Add a railroad symbol to the map legend. - Remove street labels outside of the Area, with the exception of Grant Street and Hunziker Road. Reason for changes: The changes will increase the clarity and legibility of the map. Page 9 - Section V, Paragraph 1, Line 1 - Rephrase Line I as: "Urban renewal projects authorized under the Plan, which may be undertaken by the Agency, are described below and shown in Figures 2 to 7." Reason for change: This change is intended to emphasize that, while the Agency has the authority to implement any of the projects identified in the Plan, it is not required to implement all of the projects. 1 Page 9 - Section V, Paragraph 1 - At the end of Paragraph 1, insert the following language: "Property acquisition may be required for these projects. Further, some of the projects described herein will require participation of other public agencies." Reason for changes: Property acquisition for public right-of-ways, etc. may be required to implement various projects identified in the Plan. It is also important to emphasize that some projects, including the Hall Boulevard/Highway 99W Intersection Improvements, will require collaboration with other agencies, such as ODOT. Page 9 - Section V(A)(3) - Delete the first part of Line 2: "The acquisition of additional public right-of-way may be undertaken as part of the project..." - Rephrase Line 2 to read: "The project will improve multimodal circulation and safety and reduce congestion at this major intersection, which serves as an important gateway to downtown." Reason for changes: It is not necessary to identify property acquisition as an element of this project since the introduction to Section V identifies property acquisition as a possible component of multiple projects. Page 18 - Section V(F)(4) - Rephrase the Post Office Relocation project description as: "The relocation of the existing downtown post office is a project under the Plan." - Move the Post Office Relocation ahead of the Public Market Area on the project list and reformat it as F(3). Accordingly, reformat the Public Market Area as F(4). Reason for changes: The reference to the "possible relocation" of the post office is not necessary. The introduction to Section V makes it clear that the Agency has the authority, but is not required, to undertake all of the projects identified in the Plan. Since specific locations for the Public Market Area and Public Restrooms projects have not been identified, these projects have been moved to the end of the list of public facilities projects. Page 19 - Figure 7 - Insert phrase "exact locations TBD" next to "Public Facilities" in the text box in the lower left hand corner. - Change the order of the projects in the text box so that the Post Office Relocation is third on the list and the Public Market Area is fourth on the list. - Move the "Public Restrooms" symbol on the map east, away from Fanno Creek Park. Reason for changes: The location of the Public Restrooms and Public Market Area projects has not been determined yet. We don't want to given the public the impression that restrooms will be located in sensitive areas of Fanno Park, so the restrooms symbol was shifted to the east. 2 f Page 33 - Section VIII(B), Paragraph 1, Line 3 - Rephrase text: "Fair use value" should be "Fair reuse value." - Note: Jeff and the consulting attorney, Jeannette Launer, need to add language that explains why the fair reuse value may not be the same as the fair market value. Reason for changes: The first change is a typo. The second change is intended to clarify what is meant b "fair reuse value" and why it may differ from fair market value. Page 34 - Section X, Paragraph 2, Line 3 - Rephrase Line 3 as: "Debt, including bonds, may be both long-term and short-term, and does not require voter approval." Reason for change: Clarity. If the public approves the Plan in the May 2006 election, debt undertaken by the Agency to finance urban renewal projects will not result in a tax increase and will therefore not require separate voter approval. Page 35 - Section XI, Line 2 - Split Line 2 into two sentences that read: "As is common practice in urban renewal plans in Oregon, tax increment revenues may continue to be collected beyond this date. Collection may continue until it is found that deposits in the Commission's debt service fund are sufficient to fully pay principal and interest on indebtedness issued during the twenty years following the effective date of the Plan, either through direct payment of the indebtedness or by payment of principal and interest bonds or notes issued to finance the indebtedness." - After the new Line 3 and before Line 4, insert the following sentence: "Tax increment revenues collected after the twentieth anniversary of the Plan may only be used to retire outstanding debt." Reason for changes: Increase the legibility of text and emphasize the fact that tax increment revenues may not be used to issue new debt after the twentieth anniversary of the Plan. Page 36 - Section XII(A) and XII(B) - Merge the text in subsections A and B and remove the section header formatting for B. - Rename Section XII(A) "Substantial Amendments" - Insert the following general description under Section XII(A): "Amendments that increase the maximum indebtedness of the Plan and add land to the urban renewal area that total more than I% of the total plan area are classified as substantial amendments." - Reformat former Section XII(A) to Section XII(A)(1) "Substantial Amendments Requiring Voter Approval" - Reformat former Section XII(B) to Section XII(B)(2) "Substantial Amendments Not Requiring Voter Approval" - Insert the "not" before "more. than 1%..." in Section XII(B)(2). The "not" was deleted in the last set of revisions in error. - Pursuant to the above revisions, reformat Sections XII(C) and XII(D) to Sections XII(B) and XII(C). Reason for changes: Increase the legibility of the text and make it easier for readers to differentiate between Substantial, Council-approved and Minor Amendments. 3 i Report Revisions Page 27 - Section XII(A) and XII(B) - After Table 9, insert a new project cost summary Table 10 that shows total costs by each of the major project types (e.g. street improvements, streetscape improvements, etc.) over the duration of the plan. - Renumber all tables following the new Table 10 and update any table references in the text accordingly. Reason for changes: Adding a summary cost table will make it easier for the public to understand the overall distribution of tax increment revenues by project type. a 4 AGENDA ITEM # 69 FOR AGENDA OF 11/22/05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public Hearing to Consider Adoption of the Tigard City Center Urban Renewal Plan and Corresponding Ballot Title PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council approve an ordinance adopting the City Center Urban Renewal Plan and direct that the Plan be referred to the voters? Should Council approve a resolution submitting the City Center Urban Renewal Plan to the voters and adopting a ballot title and explanatory statement? STAFF RECOMMENDATION Staff recommends that: 1) Council approve the ordinance adopting the City Center Urban Renewal Plan and direct that the Plan be referred to the voters. 2) Council approve the resolution submitting the City Center Urban Renewal Plan to the voters and adopting the ballot title and explanatory statement. INFORMATION SUMMARY This is one hearing with two actions. Council first adopts or decides against adopting and referring the City Center Plan to the electorate. Depending on its first action, Council next adopts the ballot title and ballot measure explanation by resolution or decides against their adoption. On May 10, 2005, Council adopted a resolution reactivating the City Center Development Agency (CCDA), with the Council serving as the Urban Renewal Agency. The same resolution also established the City Center Advisory Commission. Under the direction of the Commission, a draft Urban Renewal Plan and Report were prepared. The Plan's elements include: a delineation of the urban renewal area boundaries, goals and objectives, a list of projects and programs, land acquisition policies, and provisions for plan amendments. The Report is a technical document that contains background information and project details for the Plan. The Plan and Report were prepared through a public process, which included a series of four public meetings. On October 18, 2005, the CCDA reviewed and referred the draft Plan and Report to the Planning Commission for recommendations. A Planning Commission hearing on the Plan and Report was conducted on October 31, 2005. At the conclusion of the hearing, a majority of the Planning Commission members present voted in favor of recommending Council adoption of the Plan with minor modifications. The vote was 4 in favor, 2 opposed, and 1 abstention. The draft Urban Renewal Plan proposes tax-increment financing. The urban renewal agency proposing the plan is required to confer with other taxing entities concerning the maximum amount of indebtedness and tax options associated with the Urban Renewal Plan. To meet this requirement, the tax districts that levy property taxes within the proposed City Center Urban Renewal Area were sent the following: • A cover letter from Interim Community Development Director Coffee within which, among other things, he offers to meet with the districts should they desire to do so. • Copies of the Plan and Report • A memo explaining the effects of tax increment financing on the property tax revenues of taxing districts that levy property taxes within the proposed Urban Renewal Area. Written recommendations of the tax districts must be accepted, rejected, or modified in adopting the Urban Renewal Plan. No written recommendations had been received as of November 14, 2005. The City Attorney reviewed the Plan and determined that it complies with applicable criteria and could be approved. The Attorney also determined that the plan complies with all applicable land use criteria and that the City has followed applicable land use procedures in processing the proposal. OTHER ALTERNATIVES CONSIDERED 1. Do not to proceed with urban renewal. 2. Adopt Urban Renewal Plan and/or Report with amendments. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Central Business District Goal #1: Provide opportunities to work proactively with Tigard Central Business District Association business and property owners and citizens of Tigard to set the course for the future of the central business district. ATTACHMENT 1. Staff Report to the City Council 2. Draft City Center Urban Renewal Plan 3. City Center Urban Renewal Plan Revisions 4. Report Accompanying the Draft City Center Urban Renewal Plan 5. City Center Urban Renewal Report Revisions 6. Planning Commission Meeting Minutes, October 31, 2005 7. An Ordinance adopting the City Center Urban Renewal Plan and Report and Directing that the Plan be Referred to the Voters 8. A resolution of the City Council of the City of Tigard Submitting the City Center Urban Renewal Plan to the Voters of the City of Tigard, Adopting a Ballot Title, and Approving an Explanatory Statement FISCAL NOTES Should Council refer an Urban Renewal Plan to the voters, the City will incur some costs relating to the election. If an Urban Renewal Plan that includes tax increment financing subsequently is approved by the voters, property tax proceeds from properties in the urban renewal district will be segregated, with the taxes on any increase in value after the establishment of the district going to the urban renewal district. i/citywide/sum/UR.Council hearing ATTACHMENT I Agenda Item: Hearin Date: November 22 2005 Time: 7:00 PM STAFF REPORT TO THE CITY COUNCIL CITY OF TIOARD FOR THE CITY OF TIGARD, OREGON Community Development Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: TIGARD CITY CENTER URBAN RENEWAL PLAN CASE NOS.: MIS2005-00017 PROPOSAL: The Tigard City Council, acting as the City Center Development Agency, referred a proposed urban renewal plan (the Plan) to the Planning Commission. The Planning Commission has recommended approval of the Plan, with modifications. The issue before the Council is whether to refer the Plan to the voters for their approval. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: The area bordered on three sides by Hall Boulevard, Pacific Highway, and Fanno Creek, plus adjacent areas, as shown in the attached map. COMP PLAN/ CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). ZONING CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). DESIGNATION APPLICABLE REVIEW CRITERIA: Statewide Land Use Planning Goals 1, 2, 5, 6, 7,8, 9, 10, 11, 12, 13, & 14; and Chapter 457; Comprehensive Plan Policies 2.1.1; 2.1.2; 2.1.3; 3.1.2; 3.2.1- 3.2.5; 3.4.1; 3.4.2; 3.5.3; 3.5.4, 3.7.1; 4.1.1.a-c; 5.1; 5.3, 5.5, 5.6; 6.1.1; 7.1.1.c,f, 7.10.1; 8.1.1a; b, 8.1.1.a,b; 8.1.2.a,c,d,e,f,h; 8.1.3.a,b,c,f; 8.1.5.a,b,c; 8.1.6; 8.2.1; 8.3.2.a; 8.5.1; 9.1.2; 9.1.3; 11,1,1; 11.2.1; 11.2.2; 11.2.3.a,b,c,d,e,fg; 12.1.1.a,b,c; 12.2.1.a,b,c; 12.4.1.a-c. 12.5.1.a-c. MIS 2005-00017 PAGE 1 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL SECTION II. STAFF RECOMMENDATION Staff recommends the City Council adopt the proposed Urban Renewal Plan, as modified, and refer it to the voters for their approval.. Staff recommends that the Council adopt the Ordinance and the Ballot Title Resolution that have been prepared for Council's consideration. SECTION III. BACKGROUND INFORMATION Urban renewal plan adoptions have been considered to be land use decisions. Therefore, the City is following land use procedures in processing the proposal to adopt the Plan. Because the plan will establish rules for future action and because it covers a large area of the City, the decision will be a legislative decision and the City is using the Type IV procedure. However, the City is also providing individual notice to property owners in and near the proposed urban renewal district in the same way it would provide notice of a quasi-judicial proceeding in order to provide the greatest possible notice to those persons likely to be most affected by the Plan. The City is also otherwise following procedures to comply with quasi-judicial standards. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Applicable standards for adoption of urban renewal plans are found in ORS Chapter 457. Those standards require conformance with the Comprehensive Plan. Some may argue that the adoption of an urban renewal plan is a post-acknowledgment plan amendment subject to the statewide land use planning goals. This narrative discusses the statewide land use planning goals and sets out the applicable statutory and comprehensive plan standards and responses to the standards. Not all Comprehensive Plan provisions are directly applicable to an urban renewal plan, and this narrative addresses only directly applicable provisions. The Plan is not inconsistent with any provision of the Comprehensive Plan. Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: GOAL 1: CITIZEN INVOLVEMENT To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. MIS 2005-00017 PAGE 2 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to citizen involvement in the planning process,. so the City will remain in compliance with the statewide land use planning goals. There has been citizen involvement in the process for adopting the urban renewal plan. The City Center Advisory Commission (CCAC) is a body that provides citizen input into the process. The CCAC is independent. of the Council and of staff. The CCAC took the lead in guiding the development of the Plan, and it acted through a process that involved several meetings, all of which were open to the public. The Plan, before adoption, will be reviewed by the Planning Commission after a public hearing and by the City Council after another public hearing. The final decision-maker will be the Tigard electorate - the Plan will only take effect if approved by the City's voters. Citizens have had a right to participate throughout the process. The process has been in compliance with Goal 1. GOAL 2: LAND USE PLANNING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to land use planning process or decision-making, so the City will remain in compliance with the statewide land use planning goals. The process being used in this matter involves public meetings by the CCAC, and public hearings by the Planning Commission and the Council, with the opportunity to present evidence in connection with each hearing. The process assures an adequate factual base for the decision. GOAL 3: AGRICULTURAL LANDS To preserve and maintain agricultural lands. Goal 3 does not apply because the area subject to the Plan does not include agricultural land. GOAL 4: FOREST LANDS To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Goal 4 does not apply because the area subject to the Plan does not include forest lands. GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES To protect natural resources and conserve scenic and historic areas and open spaces. MIS 2005-00017 PAGE 3 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to natural resources, scenic or historic areas or open space, so the City will remain in compliance with the statewide land use planning goals. Although there are Goal 5 resources within the Plan area, the regulations providing protection for the resource areas will remain in place and will be applicable to any redevelopment proposed by the Plan. Because those acknowledged regulations will remain applicable, the Plan will not result in any development or other activity inconsistent with Goal 5. GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY To maintain and improve the quality of the air, water and land resources of the state. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to water and land resources quality, so the City will remain in compliance with the statewide land use planning goals. The Plan calls for some transportation improvements which should decrease traffic congestion, thereby reducing the time that vehicles are on the road emitting gases and particulates. This should improve air quality. The Plan proposes efficient use of land, consistent with Goal 6. Because all development authorized by the Plan will be required to comply with existing state and local regulations, the Plan will not adversely affect air, water or land resource quality and therefore will maintain air, water and land resource quality. An example is the proposed Ash Street extension, which by connecting two discontinuous sections of Ash, is designed to reduce the out-of-direction travel within the downtown area. GOAL 7: AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS To protect life and property from natural disasters and hazards. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to natural disasters or hazards, so the City will remain in compliance with the statewide land use planning goals. All development in the Plan area will be subject to existing acknowledged regulations regarding hazards (e.g. flood plain regulations, steep slope regulations), so any development will remain consistent with the goal. GOAL 8: RECREATIONAL NEEDS To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to recreation facilities, so the City will remain in compliance with the statewide land use planning goals. MIS 2005-00017 PAGE 4 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL The Plan increases the opportunities for recreation by promoting additional walking trails and proposes additional pocket parks. It also proposes development of a public plaza bordering the Fanno Creek greenway for picnics and entertainment. The plan thereby proposes increased recreational opportunities in the downtown area, consistent with Goal 8. The destination resort provisions of Goal 8 are not applicable because the Plan does not include a destination resort and the area does not meet the standards for destination resorts. GOAL 9: ECONOMIC DEVELOPMENT To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to economic development, so the City will remain in compliance with the statewide land use planning goals. The Plan is drafted to assist economic improvement of the area by proposing improved public facilities, including improved transportation facilities, to facilitate economic development,and by providing a financing plan intended to stimulate economic development. The Plan also provides for other means of stimulating more productive development. The Plan furthers Goal 9 by providing expanding opportunities for commercial development. GOAL 10: HOUSING To provide for the housing needs of citizens of the state. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to housing, so the City will remain in compliance with the statewide land use planning goals. The Plan does not change any zoning, so existing housing opportunities remain. The Plan provides for public facilities that are intended to allow housing development and redevelopment, consistent with Goal 10. The Plan does not call for the removal of any existing housing. The Plan is consistent with Goal 10. GOAL 11: PUBLIC FACILITIES AND SERVICES To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to public facilities, so the City will remain in compliance with the statewide land use planning goals. The Plan calls for improved public facilities in the Plan area to be developed in accordance with the MIS 2005-00017 PAGE 5 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL Plan, which provides for timely, orderly and efficient improvements in public facilities. The Plan is consistent with Goal 11. GOAL 12: TRANSPORTATION To provide and encourage a safe, convenient and economic transportation system. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC comprehensive plan or code provisions relating to transportation, so the City will remain in compliance with the statewide land use planning goals. The Plan proposes access and circulation improvements within the downtown area. The Plan is consistent with Goal 12. GOAL 13: ENERGY CONSERVATION To conserve energy. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or code provisions relating to energy conservation, so the City will remain in compliance with the statewide land use planning goals. The Plan promotes energy conservation by planning for an improved bicycle and pedestrian system, which should reduce the use of motor vehicles. It also proposes street improvements. A properly functioning street transportation system conserves energy by reducing travel time. The Plan is consistent with Goal 13. GOAL 14: URBANIZATION To provide for an orderly and efficient transition from rural to urban land use. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or code provisions relating to energy .urbanization, so the City will remain in compliance with the statewide land use planning goals. This area is already part of the city, so Goal 14 does not apply. GOALS 15, 16, 17, 18, 19 - WILLAMETTE RIVER GREENWAY, ESTUARINE RESOURCES, COASTAL SHORELANDS, BEACHES AND DUNES, OCEAN RESOURCES The Plan area is not adjacent to the Willamette River, is not in an estuary, coastal shoreland, beach and dune, or ocean area. Goals 15 through 19 therefore do not apply. MIS 2005-00017 PAGE 6 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL ORS CHAPTER 457 457.095 Approval of plan by ordinance; required contents of ordinance; notice. The governing body of the municipality, upon receipt of a proposed urban renewal plan and report from the municipality's urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance which shall incorporate the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions of ORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption. The ordinance shall include determinations and findings by the governing body that: The City is starting the process that will lead to a planning commission recommendation to the Council and a decision by the Council whether to refer the matter to the voters. If the Council approves the plan, it will act by nonemergency ordinance and will refer the matter to the electorate. The City plans to comply with the notice and publication requirement of ORS 457.095, 457.115 and 457.135. An ordinance will be prepared with findings and determinations similar to those set forth below. (1) Each urban renewal area is blighted; The area covered by the urban renewal plan suffers from infrastructure problems. The area's buildings are aging, and some of them are unused or in disrepair. The area has been adversely affected by Highway 99 and other traffic problems. It has been severely affected by relocation of commercial businesses away from the area, which is the City's downtown core. Rather than being a vibrant growing downtown, the area is a declining area of marginal businesses. The area is blighted. (2) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; The welfare of a city depends on its downtown. A city without a functional downtown area is likely to economically decline or lose cohesion as a city, which are not consistent with the welfare of the city. Rehabilitation and redevelopment of the downtown area is necessary to protect the identity and welfare of Tigard. Furthermore, rehabilitation and redevelopment will involve transportation improvements, making necessary changes to protect public safety. Rehabilitation and redevelopment of Tigard's downtown is necessary to protect the safety and welfare of the City of Tigard. 4 (3) The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes. Compliance with the City's comprehensive plan is detailed below. The Plan provides an outline for accomplishing the urban renewal projects. The Plan also includes a companion Report Accompanying the Draft City Center Urban Renewal Plan that provides background information and project details for the Plan. The Report includes estimated revenue, cost, and schedule data related to the accomplishment the Plan's projects. MIS 2005-00017 PAGE 7 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL (4) Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; The Plan does not propose to displace any persons. . However, some possibility exists that redevelopment consistent with the plan will result in some displacement of persons. The Plan provides that relocation assistance will be provided as required. The Plan is consistent with this requirement. (5) If acquisition of real property is provided for, that it is necessary; The Plan does not propose the acquisition of real property. However, there is some possibility that real property will be acquired consistent with the plan in order to develop the projects called for by the Plan. Any such acquisition will be necessary to develop those Plan projects. (6) Adoption and carrying out of the urban renewal plan is economically sound and feasible; and The urban renewal plan provides for tax increment financing and for borrowing of up to $22 million. The projects proposed in the Plan can be economically developed and paid for through the tax- increment and other financing. As demonstrated in the Report the Plan is economically sound and feasible. (7) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. , The City intends to complete all activities proposed for it in the Plan and it is feasible for the City to do so. APPLICABLE COMPREHENSIVE PLAN PROVISIONS The following addresses only those Comprehensive Plan policies applicable to adoption of an urban renewal plan. Any Comprehensive Plan policy not addressed is not relevant. 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 City has used a citizen involvement program that has included the Tigard Downtown Task Force, which was instrumental in starting the process to lead to urban renewal, and the City Center Advisory Commission, which has developed the Plan. Both of these groups are comprised of people who are not elected officials and not staff members. The City has assured an opportunity for citizen involvement through the use of the Task Force and Advisory Commission. Each group has held public meetings to get input from other citizens. The City has provided notice of the meetings and publicized the opportunity for input. The City has held MIS 2005-00017 PAGE 8 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL open houses to provide information and seek feedback. As the process continues, the City will hold duly noticed Planning Commission and City Council public hearings to get additional citizen input. 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: a. THE CITIZEN INVOLVEMENT TEAMS SHALL BE THE PRIMARY MEANS FOR CARRYING OUT THE PROGRAM; b. WHERE APPROPRIATE, OTHER INVOLVEMENT TECHNIQUES WILL BE USED; AND c. THE CITIZEN INVOLVEMENT TEAM FACILITATORS SHALL SERVE AS THE COMMITTEE FOR CITIZEN INVOLVEMENT AND SHALL BE RESPONSIBLE FOR EVALUATING THE CITIZEN INVOLVEMENT PROGRAM AND FOR WORKING WITH THE NEIGHBORHOOD PLANNING ORGANIZATIONS IN RECOMMENDING CHANGES IN THE PROGRAM. Given the unique nature of an urban renewal plan, the City, consistent with Policy 2.1.2.b, created a unique citizen involvement effort specifically designed to maximize citizen involvement. The City Center Advisory Commission, which is comprised of persons who are not elected officials or staff members, has had the lead role in directing development of the Plan. The Tigard Downtown Task Force has also been involved. Both entities have held public meeting and received public input. 2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITIZENS. The Plan has been developed in a readable format with understandable language. The Plan as it developed has been available for review by the public. Once the Plan is proposed by the City Center Development Agency, it will be available on the City's website for public review prior to the Planning Commission and City Council hearings. 3.1.1- Floodplains Policy 3.1.1 protects floodplains. The Plan does not propose to change the City's existing floodplain standards, which are consistent with Policy 3.1.1. Any project called for by the plan will comply with the City's standards implementing Policy 3.1.1. Policies 3.2.1 through 3.2.5 - Natural Resources These policies restrict development in floodplains and wetlands areas. The Plan does not proposed to change the City's existing standards, which are consistent with these policies. All projects proposed in the plan will comply with the City's regulations protecting floodplains and wetlands. Policies 3.4.1- 3.4.2 - Natural Areas These policies protect natural resources, including wetlands and fish and wildlife habitat. The Plan does not proposed to change the City's existing standards, which are consistent with these policies. MIS 2005-00017 PAGE 9 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL All projects proposed in the plan will comply with the-City's regulations protecting wetlands and fish and wildlife habitat. 3.5.3 THE CITY HAS DESIGNATED THE 100-YEAR FLOODPLAIN OF FANNO CREEK, ITS TRIBUTARIES, AND THE TUALATIN RIVER AS GREENWAY, WHICH WILL BE THE BACKBONE OF THE OPEN SPACE SYSTEM. WHERE LANDFILL AND/OR DEVELOPMENT ARE ALLOWED WITHIN OR ADJACENT TO THE 100-YEAR FLOODPLAIN, THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF SUFFICIENT OPEN LAND AREA FOR GREENWAY ADJOINING AND WITHIN THE FLOODPLAIN. The Plan proposes open space use of areas adjacent to Fanno Creek, consistent with Policy 3.5.3. 3.5.4 THE CITY SHALL PROVIDE AN INTERCONNECTED PEDESTRIAN/ BIKEPATH THROUGHOUT THE CITY. The Plan proposes improvements in pedestrian and bicycle facilities in the Plan area, including the Fanno Creek trail, consistent with Policy 3.5.4. 3.7.1 THE CITY SHALL IDENTIFY AND PROMOTE THE PRESERVATION AND PROTECTION OF HISTORICALLY AND CULTURALLY SIGNIFICANT STRUCTURE, SITE, OBJECTS AND DISTRICTS WITHIN TIGARD. The historic resources within the Plan area are not proposed to be altered. 4.1.1 THE CITY SHALL: a. MAINTAIN AND IMPROVE THE QUALITY OF TIGARD'S AIR QUALITY AND COORDINATE WITH OTHER JURISDICTIONS AND AGENCIES TO REDUCE AIR POLLUTIONS WITHIN THE PORTLAND-VANCOUVER AIR QUALITY MAINTENANCE AREA. (AQMA). b. WHERE APPLICABLE, REQUIRE A STATEMENT. FROM THE APPROPRIATE AGENCY, THAT ALL APPLICABLE STANDARDS CAN BE MET, PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL. c. APPLY THE MEASURES DESCRIBED IN THE DEQ HANDBOOK FOR "ENVIRONMENTAL QUALITY ELEMENTS OF OREGON LOCAL COMPREHENSIVE LAND USE PLANS" TO LAND USE DECISIONS HAVING THE POTENTIAL TO AFFECT AIR QUALITY. The Plan proposes transportation improvements that are intended to improve the vehicular transportation system, resulting in decreased travel time and reduced emissions. The Plan also proposes improvements to the bicycle and pedestrian system, which will reduce vehicle trip, thereby reducing emissions. MIS 2005-00017 PAGE 10 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL 5.1 THE CITY SHALL PROMOTE ACTIVITIES AIMED AT THE DIVERSIFICATION OF THE ECONOMIC OPPORTUNITIES AVAILABLE TO TIGARD RESIDENTS WITH PARTICULAR EMPHASIS PLACED ON THE GROWTH OF THE LOCAL JOB MARKET. The Plan is intended to provide improvement that will promote economic growth. Economic growth will result in expanded employment opportunities. 5.3 THE CITY SHALL IMPROVE AND ENHANCE THE PORTIONS OF THE CENTRAL BUSINESS DISTRICT AS THE FOCAL POINT FOR COMMERCIAL, HIGH DENSITY RESIDENTIAL, BUSINESS, CIVIC AND PROFESSIONAL ACTIVITY CREATING A DIVERSIFIED AND ECONOMICALLY VIABLE CORE AREA. The Plan is a major portion of the City's efforts to improve and enhance the Central Business District. The projects proposed by the Plan will improve the central business district and enhance business, civic and professional opportunities. 5.4 THE CITY SHALL ENSURE THAT NEW COMMERCIAL AND INDUSTRIAL DEVELOPMENT SHALL NOT ENCROACH INTO RESIDENTIAL AREAS THAT HAVE NOT BEEN DESIGNATED FOR COMMERCIAL OR INDUSTRIAL USES. The plan does not propose commercial or industrial development in residential areas. 5.5 THE CITY SHALL ,PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: [EXCEPTIONS LISTED] The plan does not propose impermissible residential development in commercial and industrial zones. 5.6 THE CITY SHALL CONSIDER PRIVATE FINANCING BY PRIVATE DEVELOPERS IN COORDINATION WITH AVAILABLE BONDING METHODS TO PROVIDE PUBLIC FACILITIES TO COMMERCIAL AND INDUSTRIAL LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP. The Plan does not prevent the consideration of private financing or bonding of public facilities in commercial and industrial areas. 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 Plan proposes housing of different densities and types. The Plan area is only a portion of the City, and not all types and levels of housing need to be contained in the Plan area, so long as the Plan area provides appropriate housing opportunities taking into account the size and location of the Plan area. The Plan provides for an appropriate diversity of housing densities and residential types. MIS 2005-00017 PAGE 11 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL 7.1.1 THE CITY SHALL: c. PROVIDE URBAN SERVICES IN ACCORDANCE WITH THE COMPREHENSIVE PLAN TO THE EXTENT OF THE CITY'S FINANCIAL RESOURCES; f. ADOPT LOCATIONAL CRITERIA AS THE BASIS FOR MAKING DECISIONS ABOUT THE PROPER LOCATION FOR PUBLIC FACILITIES. The Plan proposed improved public facilities and provides additional resources for the provision of public facilities. The Plan provides guidance for appropriate location of additional public facilities. 7.10.1 LOCAL GOVERNMENT ADMINISTRATION FACILITIES SHOULD REMAIN CENTRALIZED IN THE CENTRAL BUSINESS DISTRICT. The City's administration facilities remain in the Central Business District. 8.1.1 PLAN, DESIGN AND CONSTRUCT TRANSPORTATION FACILITIES IN A MANNER WHICH ENHANCES THE LIVABILITY OF TIGARD BY: a. PROPER LOCATION AND DESIGN OF TRANSPORTATION FACILITIES. The Plan provides for improved transportation facilities, with appropriate location and design. b. ENCOURAGING PEDESTRIAN ACCESSIBILITY BY PROVIDING SAFE, SECURE AND DESIRABLE PEDESTRIAN ROUTES. The Plan provides for expanded pedestrian facilities. 8.1.2 PROVIDE A BALANCED TRANSPORTATION SYSTEM, INCORPORATING ALL MODES OF TRANSPORTATION (INCLUDING MOTOR VEHICLE, BICYCLE, PEDESTRIAN, TRANSIT AND OTHER MODES) BY: a. THE DEVELOPMENT OF AND IMPLEMENTATION OF PUBLIC STREET STANDARDS THAT RECOGNIZE THE MULTI-PURPOSE NATURE OF THE STREET RIGHT-OF-WAY FOR UTILITY, PEDESTRIAN, BICYCLE, TRANSIT, TRUCK AND AUTO USE. The transportation improvements called for in the Plan include streets that will serve as multi-purpose facilities, and also provide for additional bicycle and pedestrian facilities. c. CONSTRUCTION OF BICYCLE LANES ON ALL ARTERIALS AND COLLECTORS WITHIN TIGARD CONSISTENT WITH THE BICYCLE MASTER. ALL SCHOOLS, MIS 2005-00017 PAGE 12 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A BIKEWAY. Any new arterials and collectors called for by the plan will be constructed with bicycle lanes, and additional bikeways are called for by the Plan. d. CONSTRUCTION OF SIDEWALKS ON ALL STREETS WITHIN TIGARD. ALL SCHOOLS, PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A SIDEWALK. Any new streets proposed by the Plan will have sidewalks. The Plan proposed improved sidewalks in various locations. e. DEVELOPMENT OF BICYCLE AND PEDESTRIAN PLANS WHICH LINK TO RECREATIONAL TRAILS. The Plan calls for additional bicycle and pedestrian trails, which link to parks and open spaces. f. DESIGN LOCAL STREETS TO ENCOURAGE A REDUCTION IN TRIP LENGTH BY PROVIDING CONNECTIVITY AND LIMITING OUT-OF-DIRECTION TRAVEL AND PROVIDE CONNECTIVITY TO ACTIVITY CENTERS AND DESTINATIONS WITH A PRIORITY FOR BICYCLE AND PEDESTRIAN CONNECTIONS. The Plan calls for street improvements that will improve connectivity. h. TIGARD WILL SUPPORT THE DEVELOPMENT OF A COMMUTER RAIL SYSTEM AS PART OF THE REGIONAL TRANSIT NETWORK. The Plan anticipates that commuter rail will be developed and proposes facilities intended to support development of commuter rail. 8.1.3 STRIVE TO ACHIEVE A SAFE TRANSPORTATION SYSTEM BY THE DEVELOPMENT OF STREET STANDARDS, ACCESS MANAGEMENT POLICIES AND SPEED CONTROLS WHEN CONSTRUCTING STREETS, AND BY MAKING STREET MAINTENANCE A PRIORITY AND THROUGH A COMPREHENSIVE PROGRAM OF ENGINEERING, EDUCATION AND ENFORCEMENT. a. DESIGN OF STREETS SHOULD RELATE TO THEIR INTENDED USE. The streets to be developed under the Plan will be designed in accordance with their intended use. b. DESIGN SAFE AND SECURE PEDESTRIAN AND BIKEWAYS BETWEEN PARKS AND OTHER ACTIVITY CENTERS IN TIGARD. The Plan calls for additional pedestrian and bikeways that will link to parks and open spaces. MIS 2005-00017 PAGE 13 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL c. DESIGNATE SAFE AND SECURE ROUTES TO SCHOOLS FOR EACH SCHOOL. ANY NEW RESIDENTIAL PROJECT SHOULD IDENTIFY THE SAFE PATH TO SCHOOL FOR CHILDREN The Plan proposes improved pedestrian routes and provides safer pedestrian routes throughout the plan area. f. NEW ROADWAYS SHALL MEET APPROPRIATE LIGHTING STANDARDS. EXISTING ROADWAYS SHALL BE SYSTEMATICALLY RETROFITTED WITH ROADWAY LIGHTING. New streets proposed by the Plan will be built with appropriate lighting. 8.1.5 DEVELOP TRANSPORTATION FACILITIES WHICH ARE ACCESSIBLE TO ALL MEMBERS OF THE COMMUNITY AND MINIMIZE OUT OF DIRECTION TRAVEL BY: a. THE DESIGN AND CONSTRUCTION OF TRANSPORTATION FACILITIES TO MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. The Plan proposes transportation facilities that will be constructed to meet ADA standards. b. THE DEVELOPMENT OF NEIGHBORHOOD AND LOCAL CONNECTIONS TO PROVIDE ADEQUATE CIRCULATION IN AND OUT OF THE NEIGHBORHOODS. The transportation improvements called for by the Plan will improve circulation in the Plan area and between the downtown area and nearby neighborhoods. c. WORK WITH WASHINGTON COUNTY AND ODOT TO DEVELOP AN EFFICIENT ARTERIAL GRID SYSTEM THAT PROVIDES ACCESS WITHIN THE CITY, AND SERVES THROUGH CITY TRAFFIC. The Plan proposes improvements to the arterial grid system. 8.1.6 PROVIDE FOR EFFICIENT MOVEMENT OF GOODS AND SERVICES THROUGH THE DESIGN OF ARTERIAL ROUTES, HIGHWAY ACCESS AND ADJACENT LAND .USES IN WAYS THAT FACILITATE THE EFFICIENT MOVEMENT OF GOODS AND SERVICES AND THE SAFE ROUTING OF HAZARDOUS MATERIALS CONSISTENT WITH FEDERAL AND STATE GUIDELINES. The Plan proposes improvements to the transportation system. 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND. DEVELOPMENT. MIS 2005-00017 PAGE 14 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL The Plan proposes street improvements that will make the street system safer and more efficient and that are designed to cure existing deficiencies and provide capacity for existing needs and future growth. 8.3.2 THE CITY SHALL ENCOURAGE THE EXPANSION AND USE OF PUBLIC TRANSIT BY: a. LOCATING LAND INTENSIVE USES IN CLOSE PROXIMITY TO TRANSITWAYS; The Plan calls for more intense land uses in areas close to transitways. 8.5.1 THE CITY SHALL LOCATE BICYCLE/PEDESTRIAN CORRIDORS IN A MANNER WHICH PROVIDES FOR PEDESTRIAN AND BICYCLE USERS, SAFE AND CONVENIENT MOVEMENT IN ALL PARTS OF THE CITY, BY DEVELOPING THE PATHWAY SYSTEM SHOWN ON THE ADOPTED PEDESTRIAN/BIKEWAY PLAN. The Plan calls for additional bicycle and pedestrian facilities that will provide safe and convenient bicycle and pedestrian transportation within the Plan area and linking the plan area with neighboring areas, consistent with the City's adopted plans. 9.1.2 THE CITY SHALL ESTABLISH A BALANCED AND EFFICIENT TRANSPORTATION SYSTEM WHICH COMPLEMENTS THE LAND USE PLAN AND IS DESIGNED TO MINIMIZE ENERGY IMPACTS. The Plan proposes improvements to the transportation system that will make it more efficient so that it will have reduced energy impacts. 9.1.3 THE CITY SHALL ENCOURAGE LAND USE DEVELOPMENT WHICH EMPHASIZES SOUND ENERGY CONSERVATION, DESIGN AND CONSTRUCTION. Development proposed by the Plan will be of modern design and construction, providing for greater energy conservation. 11.1.1 THE REDEVELOPMENT OF DOWNTOWN TIGARD SHALL BE ACCOMPLISHED IN ORDER TO MAKE IT COMPLEMENTARY TO NEWER SHOPPING AREAS. CONVENIENCE, APPEARANCE AND THE NEEDS OF THE SHOPPING PUBLIC SHOULD BE PRIMARY CONSIDERATIONS. The Plan directly implements this policy by providing a plan for the redevelopment of downtown Tigard. The Plan gives primary consideration to public convenience, appearance of the downtown area, and the needs of the shopping public. 11.2.1 ASH AVENUE SHALL BE EXTENDED ACROSS FANNO CREEK, ENABLING ACCESS TO THE NEIGHBORHOODS AND COMMERCIAL AREA WITHOUT USING PACIFIC HIGHWAY. DESIGN FEATURES SHALL BE USED TO SLOW TRAFFIC AND MAKE THE STREET AS SAFE AS POSSIBLE. ASH AVENUE SHALL BE DESIGNATED AS A MINOR COLLECTOR IN CONFORMANCE WITH THE MASTER STREET PLAN. MIS 2005-00017 PAGE 15 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL DESIGN FEATURES AND MITIGATION MEASURES SHALL HOLD TRAFFIC VOLUMES TO THE MIDDLE LIMITS OF A MINOR COLLECTOR. 11.2.2 IMPROVEMENTS TO S.W. ASH AVENUE FROM S.W. HILL TO FANNO CREEK SHALL BE CONSTRUCTED AS A CONDITION OF DEVELOPMENT OF ADJACENT PROPERTIES. [THE] STREET IMPROVEMENTS ALONG WITH THE DEVELOPMENT OF A MAJOR COMMERCIAL SITE WILL INCREASE TRAFFIC ON ASH. A BARRICADE SHALL BE PLACED AT HILL STREET APPROXIMATELY AT THE END OF THE EXISTING PAVEMENT TO PROTECT [THE] NEIGHBORHOOD RESIDENTS FROM THE COMMERCIAL TRAFFIC. 11.2.3 METHODS OF MITIGATING THE TRAFFIC IMPACT ON THE NEIGHBORHOOD SHALL INCLUDE, IN THE FOLLOWING ORDER OF IMPROVEMENT, CONSTRUCTION: a. IMPROVING S.W. MCDONALD STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE TRAFFIC FROM SOUTH OF MCDONALD TO USE MCDONALD TO EXI EXIT TO HALL AND/OR PACIFIC HIGHWAY; b. IMPROVEMENTS TO THE RESIDENTIAL PORTION OF ASH FROM HILL TO FREWING. THESE IMPROVEMENTS COULD INCLUDE LIMITED PARKING, DELINEATION OF TRAFFIC LANES AND SIDEWALKS ON ONE OR BOTH SIDES OF THE STREET; c. EXTENSION OF S.W. HILL TO S.W. O'MARA AND/OR IMPROVEMENT OF S.W. ASH FROM FREWING TO GARRETT; d. EXTENSION OF S.W. O'MARA TO S.W. HILL PARALLEL TO S.W. ASH; e. REMOVAL OF THE BARRICADE IN PLACE ON ASH AVENUE AT S.W. HILL; f. IMPROVEMENT OF S.W. O'MARA STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE AN ALTERNATE ROUTE; g. INSTALLATION OF TRAFFIC INHIBITORS TO THE RESIDENTIAL PORTION OF ASH IF AND WHEN TRAFFIC VOLUMES EXCEED THE MIDDLE RANGE FOR A MINOR COLLECTOR. TRAFFIC INHIBITORS INCLUDE BUT ARE NOT LIMITED TO PLANTING ISLANDS, SPEED BUMPS, BUTTONS, TURNING RESTRICTIONS, LOAD LIMITS AND ENFORCEMENT. The list of urban renewal projects authorized by the Plan does not include the extension of Ash Street across Fanno Creek. No development of properties adjacent to Ash Avenue from SW Hill to Fanno Creek is proposed. The only creek-related projects under the plan include the design and construction of an Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue and upgrades and improvements to Fanno Creek Park. Therefore, these comprehensive plan provisions do not apply. MIS 2005-00017 PAGE 16 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL 12.1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE LOCATIONAL CRITERIA; AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. Any housing development proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.2.1 THE CITY SHALL: a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE, ITS SIZE AND REQUIRED TRADE AREA. b. APPLY ALL APPLICABLE PLAN POLICIES. c. APPLY THE APPROPRIATE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE OF THE PROJECT. The Plan proposes increased commercial development appropriate for the locations proposed and consistent with applicable comprehensive plan policies. Any commercial development proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.4.1 THE CITY SHALL PROVIDE FOR THE LOCATION OF COMMUNITY FACILITIES IN A MANNER WHICH ACCORDS WITH: a. THE APPLICABLE POLICIES IN THIS PLAN; b. THE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE AND STANDARDS OF THE USE. Community facilities called for by the Plan are consistent with applicable Comprehensive Plan policies and in appropriate locations, given the scale and types of uses. Any development of community facilities proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE PURPOSE STATEMENTS; AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. The Plan anticipates mixed-use development. All development will continue to be subject to CDC regulations, which will assure compliance with this policy. MIS 2005-00017 PAGE 17 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL CONCLUSION The Plan is consistent with all applicable statewide land use planning goals, meets the criteria of ORS 457.095, furthers key provisions of the comprehensive plan and is not inconsistent with any other provision of the Comprehensive Plan. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Long Range Planning Division, Building Division, Community Development Department, and Public Works have had an opportunity to review this proposal and have no objections. SECTION VI. OUTSIDE AGENCY COMMENTS Metro, Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, Division of State Lands, and US Army Corps of Engineers were notified of the proposed Plan and as of the date of this staff report, have not responded In addition, all districts that impose property taxes within the urban renewal area have been provided with a copy of the plan and report. As of the date of this staff report, no written comments have been received, but comments from taxing districts are expected. ATTACHMENT: EXHIBIT A: PROPOSED DISTRICT MAP PREPARED BY: Duane Roberts DATE Associate Planner APPROVED BY: Dick Bewersdorff DATE Planning Manager MIS 2005-00017 PAGE 18 OF 18 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL EXHIBIT. ^ ~ O C / I~ ~w i NIV \ T i \ Q Proposed UR Boundary Proposed Urban Renewal Area Taxlot Boundary City of Tigard, Oregon /v Streams Railroad Cartography: Community Development DepL October 2005 Sources: City of Tigard Washington County, Metro ATTACHMENT 2 DRAFT CITY CENTER URBAN RENEWAL PLAN October 10, 2005 Tashman Johnson LLC Cascade Economic Planning SERA Architects Urban Land Economics Jeannette Launer, Attorney LIST OF PARTICIPANTS City Center Advisory Committee Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Planning Director Duane Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mosca, Cascade Economic Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette Launer, Attorney TABLE OF CONTENTS 1. Introduction ....................................................................................................................................1 II. Goals and Objectives ......................................................................................................................1 III. Outline of Projects ..........................................................................................................................3 IV. Map and Legal Description of Urban Renewal Area ..................................................................4 V. Urban Renewal Projects ................................................................................................................9 A. Street Improvements 9 B. Streetscape Improvements I l C. Bike/Pedestrian Facilities ........................................................................................................13 D. Parks ........................................................................................................................................15 E. Public Spaces ...........................................................................................................................16 F. Public Facilities .......................................................................................................................18 G. Planning and Development Assistance ...................................................................................20 VI. Relationship to Local Objectives .................................................................................................20 A. City of Tigard Community Development Code 21 B. Tigard Comprehensive Plan Goals and Policies 21 C. Transportation System Plan Goals and Policies ......................................................................27 D. City of Tigard Park System Master Plan .................................................................................29 E. Tigard Downtown Improvement Plan .....................................................................................30 VII. Proposed Land Uses .....................................................................................................................30 A. Central Business District .........................................................................................................30 B. General Commercial ...............................................................................................................31 C. Professional Commercial ........................................................................................................31 D. Mixed Use Employment .........................................................................................................31 D. R-4.5 Low-Density Residential District ..................................................................................32 E. R-12 Medium-Density Residential District .............................................................................32 F. R-24 Medium High-Density Residential District 32 VIII. Property Acquisition and Disposition .........................................................................................33 A. Property Acquisition - From Willing Sellers 33 B. Land Disposition 33 IX. Relocation Methods ......................................................................................................................34 X. Tax Increment Financing of Plan ................................................................................................34 A. General Description of the Proposed Financing Methods 34 B. Tax Increment Financing and Maximum Indebtedness 34 C. Prior Indebtedness 35 D. Impact of Tax Increment Financing on Public Schools ..........................................................35 XI. Duration of Plan ...........................................................................................................................35 XII. Future Amendments to Plan ........................................................................................................35 A. Substantial Amendments Requiring Voter Approval 36 B. Substantial Amendments Not Requiring Voter Approval 36 C. Council Approved Amendments .............................................................................................36 D. Minor Amendments 36 E. Amendments to the City of Tigard Comprehensive Plan and/or Development Code 36 DRAFT CITY CENTER URBAN RENEWAL PLAN 1. INTRODUCTION The City Center Urban Renewal Plan (the "Plan") contains goals, objectives and projects for the revitalization of the City Center Urban Renewal Area (the "Area"). The Area, shown in Figure 1, is predominantly zoned for commercial use, encompassing lands in Tigard's Central Business District, General Commercial District and ;Professional Commercial District and N4i*ed' T~ , 1✓n*eyfn°ne . In addition to commercial lands, residential property on the east side of Hall Boulevard and adjacent to Fanno Creek is located within the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High-Density Residential District. Under existing conditions, the Area is underdeveloped and lacks the mix of high quality commercial, office, residential and public uses suitable for the City's Central Business District. Information regarding conditions in the Area is provided in the Report accompanying the Plan (the "Report"). The purpose of the Plan is to use the tools provided by urban renewal to attract private investment and facilitate the Area's redevelopment. These tools include tax increment financing (see Section IX), which generally means that the property taxes resulting from growth in property value within the Area can be used to finance improvement projects and programs. Urban renewal also allows for the Agency purchase of land from willing sellers and subsequent Agency sale for redevelopment as part of a public/private development partnership. The Plan is administered by the City Center Development Agency ("Agency") which was established by the City Council of the City of Tigard as the City's Urban Renewal Agency. The Plan may be changed in the future, under the provisions of Chapter XII. The Plan has a duration of 20 years (see Chapter XJ, meaning that no new debt will be incurred after Fiscal Year 2025/2026. The maximum amount of indebtedness (amount of tax increment financing for projects and programs) that may be issued for the Plan is Twenty-Two Million Dollars and No Cents ($22,000,000). II. GOALS AND OBJECTIVES The goals of the Plan represent its basic purposes. The objectives for each goal generally illustrate how the goals are to be achieved. The urban renewal projects called for in Chapter IV of the Plan are the specific means of meeting the objectives. Goal 1: Revitalization of the Downtown should recognize the value of natural resources as amenities and as contributing to the special sense of place. Objectives: 1 A: Integrate open space and landscaping elements into the design and development of public improvement projects identified in the Plan to create a livable environment and provide opportunities for multimodal recreational use. City of Tigard 1 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 1 B: Minimize the impact of public improvements and facilities projects on the natural environment through the integration of appropriate protective measures and mitigation strategies. Goal 2: Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development. Objectives: 2A: Support the development of transit-oriented residential, commercial, employment and recreational uses in the Central Business District that will benefit from and support commuter rail. 213: Implement pedestrian and bicycle system improvements that will enhance connectivity between downtown and surrounding residential and commercial areas. Goal 3: Downtown's transportation system should be multi-modal, connecting people, places and activities safely and conveniently. Objectives: 3A: Design and construct street improvements as consistent with the Tigard Downtown Improvement Plan and the Tigard Transportation System Plan. 3B: Concurrent with proposed street improvements, and in conformance with the Tigard Transportation System Plan (TSP), provide bike lanes, sidewalks, pedestrian crossings and other pedestrian and bicycle facilities that promote multimodal usage, access and safety. Goal 4: Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Objectives: 4A: Promote pedestrian-oriented, human-scaled development in the Central Business District. 413: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. 4C: Provide pedestrian-oriented streetscape improvements, including street trees, street furniture, planters and other landscape enhancements, that will create a safe and visually appealing destination for pedestrians. City of Tigard 2 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Goal 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. 5A: Provide development incentives and technical assistance programs that encourage business and property owners to develop projects that are consistent with the Tigard Downtown Improvement Plan vision and the Tigard Comprehensive Plan. 513: Support the transition of existing nonconforming businesses from downtown to more suitable locations within the City of Tigard. U11. OUTLINE OF THE PLAN The Plan identifies transportation projects, including street improvements, streetscape . improvements and bicycle/pedestrian facilities improvements, which will increase multimodal connectivity throughout the Area and make downtown Tigard a safer and more accessible destination. The Plan also includes Parks, Public Spaces and Public Facilities projects that will beautify the Area, increase neighborhood livability and provide opportunities for residents, visitors and downtown workers to participate in a wide range of community and recreational activities. Planning and Development Assistance Programs identified in the Plan will facilitate the development, redevelopment and rehabilitation of private property in the Area. The programs will encourage Area business and property owners to invest in projects that further the goals of the Tigard Downtown Improvement Plan and the City's Comprehensive Plan and complement capital infrastructure programs supported by the Plan. City of Tigard 3 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN IV. MAP AND LEGAL DESCRIPTION OF URBAN RENEWAL AREA Figure 1. shows the urban renewal area boundaries. Exhibit A is a legal description of the Area. 217 ~f tit \ ~ 1 \ ?S~ _ ~ • 9 EEf j I Urban Renewal Area y~ ``~`•r...__.,, ~ ~ \ Total Area: 193.71 acres Toxlot Area: 144.14 acres - _ d ROW Area: 49.57 acres Pte{ Aggregate Total RMV: $109,365.720 0MA11A 0 1:5 Z'0 SOD ISO OMARA. , nfJ rwl Iwxnon r....,~ Pr000fDa wa,vaw.w,v.o ®~p,e„ :^JUt•0, City Center Urban Renewal Plan :-4-A 'lllw nmeca Tigard. OR ~E C" HCI Aooo»a:,mop r Swi- noe X- 43. Cuill-0 Proposed Urban Renewal Area O c~wn envav cm.r, .a 1- Figure 1: Tigard City Center Urban Renewal Area City of Tigard 4 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN lEXH1(B>(T A QTY CENTER URBAN RIEN EWAIL AREA LEGAL IlDIESCR PTION A tract of land in Section 35 Township I South, Range 1 West and Sections 1 and 2 Township 2 South, Range 1 West Willamette Meridian City of Tigard, Washington County, Oregon. Described as follows: Beginning at the intersection of the southerly right-of-way of SW Greenburg Road with the southeast line of the John L. Hinklin DLC• thence N 07° 41' 55" W a distance of 100.77 feet to the north right-of-way of SW Greenburg Road; thence N 10° 32' 02" E a distance of 419.98 feet; thence S 88° 04' 51" E a distance of 168.91 feet; thence N 46° 34' 35" E a distance of 73.95 feet, thence S 85° 47' 11 E a distance of 190.07 feet; S 02° 45' 30" W a distance of 72.32 feet, thence N 75° 18' 06" E a distance of 36.45 feet, thence N 46° 48' 53" E a distance of 173.62 feet; thence N 64° 02" 12" E a distance of 177.40 feet to the westerly right-of-way SW Hall Blvd.; thence N 36° 35' 04" E a distance of 83.84 feet to the easterly right-of-way of SW Hall Blvd.; thence N 64° 3 P 19" E a distance of 148.06 feet: thence S 26° 03' 02" E a distance of 160.00 feet, thence N 64° 17' 30" E 148.04 feet to the southerly right-of-way of Highway 217; thence S 35° 21' 18" E, along said highway, a distance of 171.44 feet; thence S 42° 33' 04" E, along said right-of-way, a distance of 99.48 feet; thence S 26° 55' 45" E, along said right-of-way, a distance of 225.54 feet to the northerly right of way of Highway 99 W; thence S 33° 05' 43" E, to the southerly right-of-way of Highway 99w and the west line of Highway 217 a distance of 127.63 feet, thence S 18° 46' 14" E, along said right-of-way, a distance of 123.73 feet; thence S 64° 26' 56" W, leaving said westerly right-of-way, a distance of 201.24 feet, thence S 13° 32' 43" E a dist of 556.39 to the southeast corner of Lot 6 Tigard Road Gardens; thence S 84° 37' 29" W, along the south line of said lot 6, a distance of 373.00 feet to a point of a curve to the left; thence with a radius of 120.00 feet, a central angle of 83°23' 49" ( chord which bears S 42° 55' 35" W, 159.65 feet) and a length of 174.67 feet to a point of reversing curve to the right; thence along said curve to the right with a radius of 30.00 feet, a central angle of 86° 27' 32" ( a chord which bears S 44° 27' 26" W, 41.10 feet) and a length of 45.27 feet and a point of compound curve to the right; thence along said curve to the right with a radius of 25.00 feet, a central angle of 53° 07' 30" (a chord which bears N 65° 45' 03" W, 22.36 feet) and a length of 23.18 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 43' 38" E, along said easterly line, a distance of 106.19 feet; thence S 00° 14' 13" W, a long said easterly right-of-way, a distance of 44.40 feet to the southwest corner of lot 3 Crow Park 217; thence S 79° 08' 55" E, along the southerly line of Crow Park 217, a distance of 158.56 feet to the northeast corner of lot 1 Knoll Acres; thence S 00° 30' 13" W, along the easterly line of lots 1 2 3 & 4 Knoll Acres a distance of 407.30 feet to the northeast corner of lot 5 Knoll Acres; thence S 30° 16' 07" W, along the easterly line of said lot 5, a distance of 149.79 feet to the northerly right-of-way of SW Hunziker Street; thence S 51° 07' 28" W a distance of 78.45 feet to the intersection of the southerly right-of-way of SW Hunziker Street with the easterly right-of- way of SW Hall Blvd.; thence N 89° 17' 28" W a distance of 54.18 feet to the center line of SW City of Tigard 5 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Hall Blvd, thence along the center line of SW Hall Blvd. the following 9 courses; thence S 00° 42' 32" W a distance of 143.71 feet to apoint of curve of a curve to the right; thence along said curve to the right with a radius of 163.70 feet, a central angle of 44° 01' 33" (a chord which bears S 22° 43' 19" W, 122.71 feet) and a length of 125.79 feet to a point of tangency; thence. S 44° 44' 05" W a distance of 455.02 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 179.05 feet, a central angle of 42° 08' 24" (a chord which bears S 23° 39' 53" W, 128.74 feet) and a length of 131.69 feet to a point of tangency; thence S 02° 35' 41" W a distance of 510.56 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 190.99 feet, a central angle of 40° 59' 58" (a chord which bears S 17° 54' 18" E, 133.77 feet) and a length of 136.67 feet to a point of tangency; thence S 38° 24' 17" ea distance of 62.89 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 190.99 feet, a central angle of 40° 07' 28" (a chord which bears S 18° 20' 33" W, 131.03 feet) and a length of 133.75 feet to a point of tangency; thence S 01 ° 43' 11" W a distance of 704.79 feet; thence N 88° 16' 45" W a distance of 35.01 feet to the northeast corner of parcel 1 Partition Plat 1992-069 on the westerly right-of-way of SW Hall Blvd; thence along the northerly and westerly lines of said Partition Plat the following 7 courses, thence N 19° 59' 47" W a distance of 36.96 feet; thence N 77° 33' 03" W a distance of 39.55 feet; thence N 68° 35' 31" W a distance of 63.16 feet; thence S 89° 17' 05" W a distance of 56.25 feet, thence N 81' 13' 33" W a distance of 92.73 feet; thence S 36° 40' 28" W a distance of 116.84 feet, thence S 57° 58' 03" W a distance of 43.20 feet; thence N 77° 47' 58" W a distance of 110.95 feet, thence S 02° 30' 20" W a distance of 422.27 feet to the northerly right-of-way of SW Omara Street, thence N 87° 45' 14" W, along the northerly right-of-way, a distance of 19.65 feet; thence S 03° 57' 44" W, along the westerly right-of-way of SW Omara Street a distance of 24.61 feet and a point on a non-tangent curve to the right; thence along said curve to the right with a radius of 145.90, a central angle of 67° 12' 06" (a chord which bears N 28°_27_'_10" W, 161.48 feet) and a length of 171.12 feet to a point of tangency; thence N 05° 09' 15" E a distance of 10.48 feet; thence N 87° 56' 13" W a distance of 189.71 feet to the west line of Chelsea Hill; thence N 05° 09' 16" E, along the easterly line of Chelsea Hill a distance of 219.78 feet to the northeast corner of lot 10 Chelsea Hill; thence N 64° 24' 41" W, along the northerly line of said lot 10, a distance of 74.22 feet to the northwest corner of said lot 10, thence S 49° 33' 17" W, along the westerly line of said lot 10, a distance of 89.36 feet to the south west corner of said lot 10 and a point on a non-tangent curve to the left; thence along said curve to the left with a radius of 140.02, a central angle of 73° 14' 45" (a chord which bears N 77° 04' 28" W, 167.06 feet) and a length of 179.00 feet to the southeast corner of lot 27 Chelsea Hill; thence N 60° 54' 15" W, along the easterly line of said lot 27, a distance of 149.70 feet to the northeast corner; thence S 76° 32' 45" W, along the northerly line of lots 27 and 28 Chelsea Hill, a distance of 90.00 feet to the north west corner of said lot 27 being on the northerly line of Chelsea Hill No. 2, thence N 41 ° 41' 53" W a distance of 365.61 feet to the southeasterly line of Duck Creek Homes, thence along the southeasterly and the northeasterly line of Duck Creek Homes the following 5 courses; thence N 44° 27' 43" E a distance of 50.76 feet; thence N 25° 06' 01" W a distance of 73.15 feet, thence N 05° 03' 58" E a distance of 40.00 feet., thence N 66° 13' 57" E a distance of 18.50 feet; thence N 42° 08' 14" W a distance of 112.77 feet to the northwest corner of Duck Creek Homes; thence N 44° 28' 11" E a distance of 20.61 feet; thence N 45° 37' 33" W a distance of 323.71 feet to the southeasterly right-of-way of SW Ash Avenue; thence N 03° 24' 44" W a distance of 64.23 feet to the northwesterly right-of-way of SW Ash Avenue, thence N 46° 00' 02" W a distance of 8.89 feet; thence N 11° 23' 27" W a City of Tigard 6 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN distance of 37.80 feet, thence N 06° 58' 17" E a distance of 66.77 feet; thence N 62° 21' 40" E a distance of 74.94 feet; thence N 55° 04' 27" E a distance of 20.96 feet; thence N 68° 32' 03" E a distance of 128.64 feet; thence N 04° 48' 15" W a distance of 20.53 feet; thence N 31 ° 55' 15" W a distance of 45.87 feet; thence N 04° 49' 50" W a distance of 29.66 feet; thence N 25° 58' 07" W a distance of 38.51 feet; thence N 35° 25' 15" W a distance of 26.85 feet; thence N0P 13' 41" W a distance of 56.21 feet; thence S 89° 56' 27"W a distance of 153.15 feet; thence S 00° 17' 37" W a distance of 58.36 feet, thence S 87° 16' 18" W a distance of 8.11 feet-, thence N 29° 58' 44" W a distance of 32.03 feet; thence S 60° 43' 26" W a distance of 121.23 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 5.74, a central angle of 119° 19' 37" (a chord which bears N 59° 21' 36" W, 9.91) and a length of 11.96 feet; thence N 09° 20' 42" W a distance of 21.71 feet; thence N 32° 36' 42" E a distance of 6.84 feet; thence N 54° 0P 22" E a distance of 125.98 feet; thence N 65° 45' 21" E a distance of 46.97 feet, thence N 37° 15' 37" E a distance of 31.16 feet, thence N 19° 47' 26" E a distance of 39.04 feet; thence N 50° 09' 42" E a distance of 30.34 feet; thence N 19° 52' 25" E a distance of 28.54 feet; thence N 00° 05' 29" E a distance of 12.05 feet, thence N 42° 39' 13" W a distance of 131.41 feet; thence N 50° 39' 11" W a distance of 42.13 feet; thence N 52° 46' 49" W a distance of 49.49 feet, thence S 76° 48' 05" W a distance of 122.38 feet, thence N 50° 23' 17" W a distance of 18.15 feet, thence N 12° 36' 16" W a distance of 15:14 feet; thence N 30° 33' 56" E a distance of 11.96 feet, thence N 73° 54' 00" E a distance of 160.89 feet; thence N 11° 50' 59" E a distance of 12.94 feet; thence N 08° 55' 19" W a distance of 49.31 feet; thence N 30° 48' 21" W a distance of 16.77 feet; thence N 42° 5 P 49" W a distance of 366.50 feet to the southeasterly right-of-way of SW Main Street; thence S 490 56' 02" W, along the southeasterly _right-of-way, a distance of 124.67 feet to a point of curve of a curve to the right, thence along said right-of-way and said curve to the right with a radius of 180.29 feet, a central angle of 19° 05' 45" (a chord which bears S 59° 28' 55" W, 59.81 feet) and a len tg h of 60.09 feet; thence N 55° 27' 11" W a distance of 222.29 feet to the intersection point of the northwesterly right-of-way of HWY 99w with the northerly right-of-way of SW Johnson Street; thence along the northwesterly right-of-way of HWY 99w the following 7 courses; thence N 85° 54' 17" E a distance of 14.06 feet; thence N 47° 15' 44" E a distance of 127.51 feet; thence N 44° 08' 14" E a distance of 307.71 feet; thence N 07° 33' 33" W a distance of 27.78 feet; thence N 46° 23' 16" E a distance of 366.71 feet; thence N 49° 49' 08" E a distance of 29.37 feet, thence N 51° 23' 28" E a distance of 295.46 feet to the southerly right-of-way of SW Tigard Street; thence N 62° 37' 00" W, along the southerly right of way of SW Tigard Street, a distance of 20.82 feet; thence N 46° 55' 01" E, along the southerly right of way of SW Tigard Street, a distance of 11.00 feet to a point 20.00 feet south of the center line of SW Tigard Street; thence N 49° 55' 59" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 99.33 feet; thence N 62° 33' 24" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 820.72 feet to a point at the extension of the westerly right-of-way; thence N 36° 24' 01" E a distance of 240.58 feet to the point of intersection of the northerly right-of-way of SW Commercial Street, 30.00 feet from the center line of SW Commercial Street ( when measured at ri hg t angles), with the extension of the westerly right-of-way of SW 95`h Ave; thence S 62° 32' 35" E, parallel with and 30.00 feet from the centerline of SW Commercial Street (when measured at right angels), a distance of 594.81 feet to the east right-of-way of SW Lincoln Avenue to a point on a curve to the left; thence along said curve to the left with a radius of 9.49 feet, a central angle of 100° 21' 02" (a chord which bears S 14° 53' 25" E, 14.57 feet; City of Tigard 7 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN and a length of 16.61 feet to the northerly right-of-way of SW Commercial Street, thence S 61 ° 24' 10" E, along said northerly right-of-way, a distance of 187.19 feet; thence S 55° 1 P 17" E, along said northerly right-of-way, a distance of 54.14 feet; thence S 51 ° 43' 30" E, along said northerly right-of-way, a distance of 153.60 feet to the southeast line of the John L. Hinklin DLC; thence N 46° 44' 38" E, along said Hinklin DLC line, a distance of 1204.91 feet to point of be ig nning_ City of Tigard 8 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN V. URBAN RENEWAL PROJECTS Urban renewal projects authorized by the Plan are described below and shown in Figures 2 to 7. To preserve and enhance the Area's natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. A. Street Improvements Street Improvements projects are designed to improve multimodal circulation and connectivity within downtown Tigard. The projects will also facilitate access between downtown and adjacent residential, commercial and employment areas. To create a pedestrian environment that encourages active uses such as shopping, entertainment and commercial business activity, utilities may be under-grounded concurrent with street improvements. 1. Ash Avenue Extension, Scoffins to Burnham, Including RR Crossing This pr-qjeetwill extend The extension of Ash Avenue, a Mine- "°ete" , from Burnham Street to Commercial Street is a project under the Plan.-A new milread er-essingwill be developed as paA of the pFejeet. 2. Scoffins Street/Hall Boulevard/Hunziker Re-Alignment The re- alignment of the Scoffins Street/Hall Boulevard/Hunziker Road intersection is a project under the Plan. Currently, Scoffins Street and Hunziker are poorly aligned, which increases congestion and slows traffic at this three-way intersection. 3. Hall Blvd/Highway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard/Highway 99W are a project under the Plan. widening of the, Be-Wevard/44ighway 99W inter-seetien and The acquisition of additional public right-of-way: may be undertaken as part of the project, which will The prejeet is intended te improve multimodal circulation and safety and reduce congestion at this major intersection, which serves as an important gateway to downtown. 4. Greenburg Road/Highway 99W Intersection Improvements The City has recently commissioned a study that will determine what improvements will be needed to reduce congestion and increase multimodal circulation at the intersection of Greenburg Road and Highway 99W. Tax increment revenues may be used to finance recommended intersection improvements. 5. Burnham Street Improvements City of Tigard 9 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN I This r• feet Yrevid F The reconstruction and widening of Burnham Street is a project under the Plan. 6. Center Street Improvements uUpgrades and improvements to Center Street are a project under the Plan. 31 ~d1% © _ 1, • , gyro /`C~ ia~i i~ar = 2 rOa / ' ` { C r C,~~f ' ~ yhtd ~v y~;• ~7~, tF4 A. Stroot hnprovmrMt frojeCt! ` ,yr ) Y /Y T Ash Aver7ue Exteralon O iF fi7 2 SCdfm / Holl / HwN&.er Rea,gnmonf O Mall /99W lntenecflm Improvements ~Ak O Greenberg/99W Intenection Improvements S Burntscrn Street Improvements I CA,ARA © Center Streel lmprovemenls ~]j u Ib.~ . no rear r 0. City CenferUrban Renews! Plan ~ Proposed urbon Renewpl Area ~ Uy Hob $.?RA r , m- Tigard, OR Tronslt Cenler ^ Tral L I iYan~ty r. Gear' Street Improvement Projects Ubrary c7-waterway Part: Figure 2: Urban Renewal Street Improvement Projects City of Tigard 10 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN B. Streetscape Improvements The Tigard Downtown Improvement Plan identifies landscaping features, street trees and street furniture as improvements that will enhance the physical appearance of downtown and attract a broader range of users, including shoppers, tourists and commercial employers. The f:ban Renewal Plan providesfe s Streetscape improvements on the following streets in the downtown area are a project under the Plan. 1. Main. Street 2. Burnham Street 3. Commercial Street 4. Ash Avenue 5. Scoffins Road 6. Center Street City of Tigard I 1 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN t. E. ShaNfcaD•trnProvm•nl ►roj•cn O Mdo Street i O Burnham Street , ``~r----- - O Commercial Street O Ash Avenue t - s rr Scotl'va P,oad OMAi4 m o its ~SD ,500 to © Center Street s OAIAW Jeer s 'T ° City Center Urban Renewal Plan Proposed Urban Renewal Area * City Hatt TigOrd.OR Transit Center ~trcel s:~~ Trw ?loaca -Wolenvav ~a~Y ~r rr~Qe Sheetscape Improvement Projech ® Ubrory park Figure 3: Urban Renewal Streetscape Improvement Projects City of Tigard 12 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN C. Bike/Pedestrian Facilities Bike/Pedestrian Facilities are designed to facilitate safe and convenient multimodal access throughout the Urban Renewal Area. 1. Commuter Rail Access This pr-ejeet will pr-evide The provision of pedestrian access to the proposed downtown Tigard commuter rail station from Burnham Street is a project under the Plan. 2. Hall Blvd. This project will increase pedestrian access and safety by eliminating gaps in the sidewalk on the east side of Hall Boulevard and repairing sidewalks and curbs on both sides of Hall Boulevard as needed. 3. Scoffins Street Me installation of bike lanes and sidewalks on Scoffins Street, which currently lacks pedestrian and bicycle facilities, is a project under the Plan. 4. Tigard Street This project will provide a new bike lane on the south side of Tigard Street and upgrade the existing bike lane on the north side to standard. 5. Highway 99W Guffently, gaps in the sidewalks along Highway 99W threaten pedestfian tThe installation of contiguous sidewalks on both sides of Highway 99W and a grade-separated bicycle/pedestrian crossing at Greenburg Road to increase pedestrian and bicycle safety is a proiect under the Plan. 6. Center Street ' The provision of sidewalks and bicycle lanes on Center Street-;is a project under the Plan. 7. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Faring Creek, connecting to Ash Avenue, is a project under the Plan. This project will facilitate access between residential neighborhoods west of Fanno Creek and downtown. The-prejee and will be designed to minimize impacts to sensitive areas and preserve wetlands buffers. 8. Conversion of Existing North Rail Corridor into a Multi-use Pedestrian Trail This prgjeet will eenye~* The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. thatThis roject will increase pedestrian access and provide new recreational opportunities City of Tigard 13 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN for residents, workers and visitors to downtown. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features that will distinguish downtown Tigard from other communities by promoting sustainable development. 9. Tigard Street/Grant Bicycle/Pedestrian Crossing The Plan wil eft tThe design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks is a project under the Plan. The crossing will facilitate circulation and access to downtown by non-motorized vehicles. Automobiles and other motorized vehicles will be prohibited. ro O `~rJ f 'N. A .1'r r C. Ilk. .a ftd.W- 9-01" O Cdn„r1U,d 408 AGCOf, yr`'•~ ilt% ~ O tiO 8,vd. P_F,IdrOM,W„ . ka,~„ Sr. 8+k., Pod r.y,rdrdmor,r, ® 4 POtl C.o,a. S,. &tol knprovommrb `"•1 O _ Pod hidpo a- F__ Crook _ --.r © "M PdiC-k,a Pod lrm ' ` o rs la ~1 ;00 O rgmd / Gran, Pod Cro>Wq awu ~V ,ar r~ City Center Urban Renewal Plan Q Prapo,od anon R-t-d A- ♦AF Coy S:=RA tw,,... Ago'd.OR 0,mnti,car. -4.9 w \u"yE 9uiltmu Bicycle and PsEasMon Ptojacb P«, Figure 4: Urban Renewal Bicycle/Pedestrian Projects City of Tigard 14 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN D. Parks 1. Fanno Creek Park Improvements The Plan will f eilitae uUpgrades and improvements to Fanno Creek Park., as well as the preservation and restoration of environmentally sensitive areas, is a project under the Plan. 2. Skateboard Park The pFejeet will suppe tThe construction of a new skateboard park is a project under the Plan. The proposed location of the skateboard park is the City Hall parking lot. E _ tt ti D. Pork 4r, o -nh I - ronra Goat Pork Vnf p -h - Q Skatcboavd Pat OMAU 0 1) D rt\ Yai J!0 0's« _ Ciry Center Urban Renewal Plan ® Prop- Urban ueno,.oi A- Cdy two eam S.?RA'nrn,torn Tigard, OR Q ~.by P rrrnvr Cantor O .awa1CIWOY ;tonMry7;. ~uitrmu Pork lmprovemenh IQ Ubrary ~ von Figure 5: Urban Renewal Parks Projects City of Tigard 15 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E. Public Spaces 1. Green Corridor/Urban Creek This Plan will suppei4. tThe development of a green corridor/urban creek that will extend from the intersection of Highway 99W and Hall I Boulevard through downtown and to Fanno Creek is a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and other low impact stormwater conveyance/treatment features. 2. Plazas TAW tThe design and inefe.ment r-evenues may be used to faeiliteAe construction of public plazas that will serve as public gathering spaces is a project under the Plan.; This project will encourageing a broader range of active and passive recreational uses in downtown and attracting more residents and visitors to the area. 3. Urban Green Spaces The development of high quali urban green spaces suitable for a range of recreational uses is a project under the Plan. Similar to the plazas projects, this project will increase the overall livability and attraction of the downtown area. by pr-oviding high , Urban green spaces will be designed to promote the preservation and restoration of environmentally sensitive areas. 4. Public Market tThe design and development a public market in the proposed public use area near Fanno Creek: is a project under the Plan. City of Tigard 16 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 17 `.i , _ ~o J ti , 6. Public Space Improvrrrrsanls O Green Corridor / Urban Creek O Plazas (Exact Locations 180) O Urban Green Spaces (Exact Locations 18D) ' OMARA ® o r2S ~$SO \ Soo r50 O Public market (Exact Location 160) , r«x 1:uo, City Center Urban Renewal Plan Reposed Urban Renewal area ~F City tau Trait s1-'RA Ti,u stowro nsard, OR Q transit Centel ® Ulxary c~waterway VOIWE Cjairrcau Public space improvements Park --r- Figure 6: Urban Renewal Public Spaces Projects City of Tigard 17 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN F. Public Facilities The Plan includes the fellewing public facilities described below. All the public buildings included in this section will generally serve and benefit the Area by increasing the use of the Area by Tigard residents and others, and by providing amenities to increase the demand for housing in the Area. However, P-prior to the expenditure of tax increment revenues for any of these projects, the Agency will be required to adopt a Minor Amendment to the Plan (as provided in Section XII) explaining how the facility serves or benefits the Area, and further stating the proportion of the. benefits of these facilities that will accrue to the Area and finding that the amount of the expenditure is proportional to the amount of benefit to the Area. Design and development will be a part of all proposed public facilities projects identified in the Plan. I . Performing Arts Center tThe design and construction of a performing arts center in downtown Tigard is aproiect under the Plan. The project, which is recommended in the Tigard Downtown Improvement Plan, will provide new entertainment and recreation opportunities that will attract residents and out-of-town visitors to downtown. 2. Public Parking Facilities The design and construction of new public parking facilities is a project under the Plan. As new shopping, recreational and entertainment uses, including the proposed performing arts center and public market, are established in the downtown area, new public parking facilities will be needed to accommodate the anticipated increase in parking demand. 3. Public Market Area This pr-ejeet ineludes the The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. 4. Post Office Relocation This prejeet will f railit The possible relocation of the existing downtown post office is a project under the Plan. 5. Public Restrooms This ^r-gjeet will provi a The provision of public restrooms in public gathering spaces is a project under the Plan. City of Tigard 18 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 4}1t ~ 08, F. Public faciliti*3 I ® Performing Ails Center Public Parking Fodilles ® Public Market Area (Exact Location TSD) Post O(Bce Relocation O Public Restrooms (Exact Locations T8D) OMARA m o ru'`\lM soo vw uu ~j r~ wnb Leo, City Center Urban Renewal Plan ~ Roposatl Urban Renewal Area ~ City Mop SyRA rgara.oR p ..Trot transit Center •e~watenoy 1~'ar C~uirreaa Pubtle Fae(IINes Library Pak Figure 7: Urban Renewal Public Facilities Projects City of Tigard 19 October 1.0, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN G. Planning and Development Assistance Offering the following types of planning and development assistance to support the development, redevelopment and rehabilitation of private property in the Area is a project under the Plan. Detailed rules and regulations for the administration of financial and technical assistance programs will be established by the Agency after adoption of the Plan in order to ensure that urban renewal funds are used in compliance with the Plan and for the agreed upon Plan purposes. The adoption and amendment of such programs, rules and regulations would not be considered changes to the Plan. I. Rehabilitation/Redevelopment Grant/Loan Program The Urban Renewal Plan authorizes loans and/or grants for property rehabilitation and redevelopment. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 2. New Development Grant/Loan Program In addition to providing rehabilitation and redevelopment assistance, the Urban Renewal Plan authorizes loans and/or grants for new development. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 3. Technical Assistance Program The Urban Renewal Plan pFOV iesfe authorizes technical assistance in the form of site studies, market studies, feasibility analyses, engineering and design and other activities directly related to development of property in the urban renewal area. Examples of such technical assistance may include structural analysis of downtown building to promote rehabilitation of underutilized buildings and relocation strategies for existing downtown businesses seeking to move to an alternative site within the urban renewal area. 4. Commercial Fagade Improvement Loans To create a distinct identity for downtown Tigard that is visually appealing and unified, the Urban Renewal Plan authorizes fagade improvement loans for commercial development. Improvements will be used to enhance the architectural integrity and character of historic commercial buildings and storefronts in need of a "face lift." - - Formatte VI. RELATIONSHIP TO LOCAL OBJECTIVES The Plan addresses local planning and development objectives contained in the City's Comprehensive Plan, Development Code, Transportation System Plan, Park System Master Plan and the Tigard Downtown Improvement Plan. Adopted in 1982 and last revised in January City of Tigard 20 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 2005, the Comprehensive Plan identifies goals and policy objectives that will promote growth that is both sustainable and supportive of the community's desire to maintain high livability standards. The City's Development Code is updated on an ongoing basis and the TSP was adopted in January 2002. The Park System Master Plan was adopted in July 1999. Under the guidance of local residents, business owners and other community stakeholders, the City has undertaken the development of a long-range development plan for downtown Tigard. The Tigard Downtown Improvement Plan will provide a long range planning strategy for development in downtown Tigard. A. City of Tigard Community Development Code The City of Tigard Community Development Code establishes zoning districts, which govern allowed uses and contain development standards. The Area encompasses property within the City's commercial and industrial zoning districts. According to the City's Development Code, the purpose of commercial zoning districts is to provide a comprehensive range of commercial services - including retail and office uses - that are conveniently accessible to motorists, bicyclists and pedestrians and designed to minimize potential adverse impacts on surrounding residential neighborhoods. Further, in compliance with the City of Tigard Comprehensive Plan, the commercial zoning districts are intended to provide a wide range of employment opportunities and economic benefits for local residents. The purpose of Tigard's industrial zoning districts is to provide a broad range of industrial services and jobs within the City of Tigard that are conveniently accessible to local residents. A detailed description of commercial and industrial zoning districts within the Area and corresponding development standards are described in Section VII below. The Plan implements the public investments necessary to generate development that is consistent with Central Business District, General Commercial; and Professional Commercial and N4i*ed Use Empleyment Districts as well as the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High- Density District. Further, the Plan will help ensure that the Area develops efficiently, with high quality, attractive development that creates an identity and sense of place unique to downtown Tigard. B. Tigard Comprehensive Plan Goals and Policies The Tigard Comprehensive Plan identifies goals and policies that address the City of Tigard's long range planning and development objectives. Of particular relevance to the Plan are goals and policy directives contained in the Natural Features and Open Space, Economy, Housing, Transportation and Special Areas of Concern sections. Natural Features and Open Space The Comprehensive Plan identifies policies intended to preserve and enhance the City's natural areas, including wildlife habitat areas, wetlands sites and other environmentally City of Tigard 21 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN sensitive areas. Further, natural features and open space policies call for the development of an adequate system of open space, recreation lands and facilities to maintain and improve community livability and the preservation and enhancement of historically and culturally significant resources. Natural Areas policies supported by the Plan include: Policy 3.4.2 The City Shall: a. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and controlling erosion, and by requiring that areas of standing trees and natural vegetation along natural drainage courses and waterways be maintained to the maximum extent possible. Policy 3.5.1 The City shall encourage private enterprise and intergovernmental agreements which will provide for open space, recreation lands, facilities, and preserve natural, scenic and historic areas in a manner consistent with the availability of resources. Polio The City has designated the 100-Year Floodplain of Fanno Creek, its tributaries, and the Tualatin River as Greenway, which will be the backbone of the open space system. Where Landfill and/or development are allowed within or adjacent to the 100-Year Floodplain, the City shall require the consideration of dedication of sufficient open land area for greenway adjoining and within the floodplain. Policy 3.5.4 The City shall provide an interconnected pedestrian/ bike path throughout the City. Policy 3.7.1 The City shall identify and promote the preservation and protection of historically and culturally significant structure, site, objects and districts within Tigard. The Plan identifies Parks, Public Spaces and Bicycle/Pedestrian Facilities projects, including but not limited to the Fanno Park Improvements, Urban Creek/Green Corridor and Urban Green Spaces projects, which will further the Comprehensive Plan's Natural Areas policy objectives. In addition to preserving and upgrading existing parks and natural areas such as Fanno Creek Park, the Plan will facilitate the creation of "green" City of Tigard 22 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN amenities and pedestrian/bicycle facilities that will provide new active and passive recreational opportunities for residents, downtown workers and visitors and improve connectivity between downtown and adjacent neighborhoods. Economy The Comprehensive Plan identifies policies intended to diversify and improve Tigard's economic and employment base, including specific policies that address economic needs in the Central Business District. Economic policies supported by the Plan include: Policy 5.1 The City shall promote activities aimed at the diversification of the economic ,opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Policy 5.3 The City shall improve and enhance the portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area. One of the Plan's stated goals is to "Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments." The Plan identifies intersection improvements, such as the Hall Blvd/99 W Intersection Improvements project, road widening and realignment projects and other street projects that will improve circulation and access in and around downtown. In addition, the Plan authorizes streetscape projects and pedestrian/bicycle improvements that will make downtown safer and more accessible to pedestrians and bicyclists by filling in gaps in the existing sidewalk system, providing new or upgraded bike lanes, and establishing new multiuse trails and pedestrian crossings. Finally, the Plan includes parks, public spaces and public facilities projects that will make downtown a more appealing place to do business and facilitate the transition of existing industrial and auto-oriented uses to locations outside of the Central Business District. Housing The Comprehensive Plan identifies the provision of high quality housing of varying densities, types and affordability levels as a critical long range planning goal. Tax increment revenues generated under the Plan may be used to fund development and technical assistance programs that will facilitate residential development that meets the diverse housing needs of Tigard's citizens, as prescribed below: City of Tigard 23 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 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. In addition to financing the programs described in Section IV, the Plan includes public improvements projects that will make the Area a more attractive and viable location for new, high quality medium- and high-density residential development in downtown Tigard. Transportation The Comprehensive Plan identifies policies that are designed to provide safe and efficient multimodal circulation and access within downtown Tigard and between downtown and adjacent neighborhoods. Transportation policies supported by the Plan include: Policy 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities; and b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Policy 8.1.2 Provide a balanced. transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use; b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility; c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the Bicycle Master Plan. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway; d. Construction of sidewalks on all streets within Tigard. All schools, parks, public facilities and retail areas shall strive to have direct access to a sidewalk. City of Tigard 24 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN e. Development of bicycle an pedestrian plans which link to recreational trails; f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections; and h. Tigard will support the development of a commuter rail system as part of the regional transit network. Policy 8.1.3 Strive to achieve a safe transportation system by the development of street standards, access management policies and speed controls when constructing streets, and by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. b. Design safe and secure pedestrian and bikeways between parks and other activity centers in Tigard. Policy 8.1.5 Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel by: a. The design and construction of transportation facilities to meet the requirements of the Americans with Disabilities Act; and b. The development of neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Policy 8.2.1 The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Polices The City shall coordinate with Tri-met to provide for a public transit system within the planning area which: a. Meets the needs of both the current and projected, for the Tigard community; b. Addresses the special needs of a transit dependent population; c. Reduces pollution and traffic; and d. Reduces energy consumption. Policy 8.3.2 The City shall encourage the expansion and use of public transit by: City of Tigard 25 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN a. Locating land intensive uses in close proximity to transitways; and c. Supporting efforts by Tri-met and other groups to provide for the needs of the transportation disadvantaged. Policy 8.5.1 The City shall locate bicycle/pedestrian corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the City, by developing the pathway system shown on the adopted Pedestrian/Bikeway Plan. In conjunction with proposed street improvements, the Plan provides for new bike lanes and sidewalks as well as upgrades to inadequate bicycle and pedestrian facilities. These projects will increase multimodal access and circulation throughout the Area. Further, to improve neighborhood livability and create a visually appealing streetscape environment that draws residents and visitors to downtown and promotes more active commercial, recreation and entertainment uses, landscape improvements, street trees, street furniture and other streetscape improvements are identified as key components of the Plan. Special Areas of Concern The Comprehensive Plan identifies downtown Tigard and the Central Business District as a Special Area of Concern. Existing uses include a mix of older, substandard commercial and residential development, and industrial buildings that do not conform to the Comprehensive Plan's long term vision for downtown Tigard. To make downtown a more attractive destination for shopping, dining and a variety of entertainment and recreational activities, the Plan includes transportation, streetscape, public facilities and public spaces projects designed to create a visually distinct, unified character. The Plan also supports development and technical assistance programs designed to help local business and property owners rehabilitate and upgrade substandard buildings and create new quality development in downtown. The Plan supports the following Special Area of Concern policies: Policy 11. The redevelopment of downtown Tigard shall be accomplished in order to make it complementary to newer shopping areas. Convenience, appearance and the needs of the shopping public should be primary considerations. Policy 11.6.3 Require that all development permitted in Action Areas be designed to facilitate pedestrian movement within the center and to transit. City of Tigard 26 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Proposed pedestrian and bicycle improvements, such as the Commuter Rail Access and Tigard Street/Grant Pedestrian/Bicycle Crossing projects, will provide safe and convenient pedestrian access to local shops and transit. In addition, streetscape improvements along Main Street, Burnham Street, Commercial Street and other Area roadways will make downtown a more accommodating, pedestrian-oriented commercial district than it is today. Lastly, public facilities projects such as the Performing Arts Center and Public Market will generate support for new and existing businesses that provide entertainment and recreational options for downtown visitors. C. Transportation System Plan Goals and Policies Adopted in 2002, the TSP identifies goals and policy objectives intended to create a transportation system that enhances community livability and facilitates safe and convenient multimodal access to Tigard residents and visitors. The Plan's goals, objectives and transportation infrastructure projects directly address or correlate to planning needs identified in the TSP's goals and policies. Of particular relevance to the Plan are the following transportation system goals and policies, identified in Chapter 2 of the TSP: Goal 1: Livability Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard.. Policy 2 - Encourage pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Goal 2: Balanced Transportation System Provide a balanced transportation system, incorporation all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) Policy I - Develop and implement public street standards that recognize the multi purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. Policy 3 - Bicycle lanes must be constructed on all arterials and collectors within Tigard consistent with the Bicycle Master Plan (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a bikeway. Policy 4 - Sidewalks must be constructed on all streets within Tigard (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a sidewalk. City of Tigard 27 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Policy 6 - Local streets shall be designed to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel. Provide connectivity to activity centers and destinations with a priorityfor bicycle and pedestrian connections. Policy 8 - Tigard will support the development of a commuter rail system as part of the regional transit network. Goal 3: Safety Strive to achieve a safe transportation system by developing street standards, access management policies and speed controls when constructing streets, by making street maintenance a priority and through a comprehensive program of engineering, education and. enforcement. Policy 3 - Safe and secure pedestrian and bikeways shall be designed between parks and other activity centers in Tigard. Goal 5: Accessibility Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel. Policy I - Design and construct transportation facilities to meet the requirements of the Americans with Disabilities Act. Policy 2 - Develop neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Goal 6: Goods Movement Provide for efficient movement of goods and services. Policy I - Design arterial routes, highway access and adjacent land uses in ways that facilitate the efficient movement of goods and services. The Plan includes streetscape improvements and bicycle/pedestrian system improvements designed to encourage alternative modes of transportation to the automobile. By filling gaps in the existing sidewalk system, installing new bike lanes and upgrading existing bikeways to standard, the Plan will help create a complete system of bicycle and pedestrian facilities that enables pedestrians and bicyclists to commute safely and efficiently to and within downtown. The Plan includes street improvements that will address motor vehicle needs in and around downtown Tigard. Projects such as the Scoffins Street/Hall Boulevard/Hunziker City of Tigard 28 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Realignment and Highway 99W intersection improvements will reduce congestion and improve circulation while creating a safer environment for drivers, pedestrians and bicyclists. D. City of Tigard Park System Master Plan The City of Tigard Park System Master Plan is guided by the following vision: "Through building connections, the City of Tigard will provide a park system that: • Contributes to overall community livability and pride; • Balances the impacts of growth and increasing density with parks and greenspaces; • Reduces auto-dependency and enhances recreation opportunities by connecting recreation resources, community destinations, and neighborhoods with trails and greenways; • Fosters stewardship of natural resources such as floodplains and waterways; • Provides equitable distribution of parks and recreation opportunities throughout the City; • Provides safe and well-maintained parks and recreation facilities; and • Provides for effective and economically sound management of public resources." Chapter Six Recommendations provides detailed recommendations for park facilities, maintenance, management, and recreation programs. Of particular relevance to the Plan are the following Parks recommendations: • "Renovate and expand existing parks to improve park condition, increase recreational opportunities, meet current safety requirements, and provide access for people with disabilities;" • "Provide an interconnected pedestrian and bicycle system that links Tigard's parks, greenspaces, neighborhoods, work places, schools, and commercial centers;" and • "Mitigate the effects of development by providing pocket parks/urban plazas in commercial areas." The Plan includes multiple projects that support the City's park system vision and recommendations. In particular, the Fanno Creek Park Improvements and Enhanced Pedestrian Bridge, Urban Creek/Green Corridor and Urban Green Spaces projects will upgrade and increase multimodal access to existing parks and open space areas and create new green space and recreational areas that will draw residents, shoppers and visitors to downtown Tigard. City of Tigard 29 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E. Tigard Downtown Improvement Plan The Tigard Downtown Improvement plan is guided by four primary objectives: "First and foremost, the TDIP seeks to carry out the City Council's goal to revitalize Downtown Tigard. Second, the TDIP is a downtown "improvement" plan, one that builds upon the good "bones" of the current Downtown area, and that builds upon the sound foundation of community-based planning to serve as the "master conceptual plan" for the area. Third, an overarching objective of the Plan is to ensure that Downtown Tigard will serve the community's stated future needs for an active, mixed use "urban village". Finally, the TDIP must meet the objectives of the Metro Functional Plan for a Town Center, as that plan designates Tigard's downtown area as a Town Center." The Tigard Downtown Improvement Plan provides a vision, design guidelines and a series of catalyst projects that will foster development that is compatible with the "urban village" concept. The Plan supports projects and programs that will facilitate the implementation of the prescribed catalyst projects, many of which are included in the Urban Renewal Projects and Programs section. _ _ - - Formatte V1I. PROPOSED LAND USES Land uses within the Area are governed by the City of Tigard Development Code. The Development Code establishes zoning districts that implement the Tigard Comprehensive Plan. The districts govern the allowed uses and contain development standards. Currently, land in the Area is within the Central Business District (CBD), General Commercial (C-G), Professional Commercial (C-P), Mixed Use Employment , R-4.5 Low-Density Residential (R-4.5), R-12 Medium-Density Residential (R-12) and R-25 Medium High-Density Residential (R-25) zoning districts. The purpose of the districts is described in the Development Code as follows: A. Central Business District "The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally." Most development in the CBD is not subject to minimum setbacks. However, 20 foot front, side and rear yard setbacks are required where a commercial use abuts a residential zoning district. A maximum site coverage of 85% and a minimum landscape requirement of 15% are required. With exception of buildings within 100 feet of any residential City of Tigard 30 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN zoning districts, where a 40 foot height restriction applies, a maximum height of 80 feet is prescribed for development in the CBD zone. B. General Commercial "The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally." Generally, development in the C-G zone is not subject to minimum setbacks. However, 20 foot side and rear yard setbacks are required where the zone abuts a residential zoning district. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are also prescribed. C. Professional Commercial "The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas." With the exception of property abutting a residential zoning district, where 20 foot side and rear yard setbacks are required, minimum setbacks are not required in the C-P Zone. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are required of all development in the C-P zone. - FormatW D. Mixed Use Employment Formatft "The MUE zening distfiet is designed to apply to a majefity ef the land within the T-igafd Tr-iangle, a regional mixed use empleyment distr-irat bounded by Paeige Highway (14wy. 99) 1"'i'••1 way 217 and 15. This zenin . dStFiet «.ffnitS " de o e f uses ifieluding major- retail goods and e > eivie uses and > th-e laaer- ineludes multi family housing eA a maximufn defisil~, of 25 units/aere, equivalent to r-eef:eeAien fa 1- ligi is institutions, fnedieal e s City of Tigard 31 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN While develepment in the MUE zone is general!), net subjeet t etbaeks, 20 feet side and r-eaf: yar-d setbaeks may be required %,here the zene abuts residential distr-i and a maximum front yard setbaek of 20 feet is required for- all development. A fflinifflum building height ef 2 stef:i building height ef 200 feet and ni~ximufn site 0 eever-ageof Formatte D. R-4.5 Low-Density Residential District "The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally." The minimum lot size in the R-4.5 zone ranges from 7,500 square feet for detached housing units to 10,000 for duplexes. The average minimum lot width is 50 feet for detached unit lots and 90 feet for duplex lots. All residential development is subject to a maximum height of 30 feet and minimum setbacks of 20 feet (front yard), 5 feet (side yard) and 15 feet (rear yard). A minimum distance of 20 feet between a property line and the front of a garage is also required. The R-4.5 zone does not impose a minimum landscape requirement or lot coverage standard. _ Formatte a- E. R-12 Medium-Density Residential District "The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally." Multiple-family dwelling units in the R-12 zone are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 35 feet, maximum lot coverage of 80% and minimum landscape requirement of 20% are also specified. Formatte IF. R-24 Medium High-Density Residential District "The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally." City of Tigard 32 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN A minimum lot size of 3,050 square feet per unit for detached single-family dwelling units and 6,100 square feet or 3,050 square feet per unit for duplexes is required in the R- 25 zone. Multiple-family dwelling units are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 45 feet, maximum lot coverage of 80% and minimum landscape requirement of 20% are also specified. _ - - Formatte VIII. PROPERTY ACQUISITION AND DISPOSITION The Plan authorizes the acquisition and disposition of property as described in this section. Property includes any and all interests in property, including fee simple ownership, lease, easements, licenses or other rights to use. A. Property Acquisition - From Willing Sellers The Plan authorizes the Agency acquisition of any interest in property within the Area, including fee simple interest, to support private redevelopment, only in those cases where the property owner wishes to convey such interests to the Agency. The Plan does not authorize use of the power of eminent domain to acquire property for private redevelopment. Property acquisition for those public improvements projects authorized in Section,l:V will Formatte be required. The Agency is not granted eminent domain authority under the Plan. Therefore, it the Agency cannot acquire the property needed for the described public improvements through negotiation and voluntary sale, the acquisition will be undertaken by the City of Tigard or other public entity under its independent eminent domain authority. Property acquisition from willing sellers may be required to support development of retail, office, housing and mixed use projects within the Area. B. Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value._, valtie, whieh represents the ,Fair reuse value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Property disposition may be required to support development of retail, office, housing and mixed use projects within the Area. City of Tigard 33 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN - Formatte a - IX. RELOCATION METHODS As described in Section VIII, the Plan authorizes the acquisition of property by willing sellers only. , the Plan does not preelude the Ageney 4em effefing feleea4iea assistanee to willing sellefs when appfepfieAe; Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any propert the Agency will adopt relocation regulations. _ - Formatte a_ X. TAX INCREMENT FINANCING OF PLAN Tax increment financing consists of using annual tax increment revenues collected by the Agency to make payments on leans debt incurred by the Agency, usually in the form of tax increment bonds. The proceeds of the bonds are used to finanee pay for the urban renewal projects authorized in the Plan. Debt, including bonds, may be both long-term and short-term. Tax increment revenues equal most of the annual property taxes imposed on the cumulative increase in the total assessed value within an urban renewal area over the total assessed value at the time an urban renewal plan is adopted. (Under current law, the property taxes for general obligation ("GO") bonds 'and local option levies approved after October 6, 2001 are not included in tax increment revenues.) A. General Description of the Proposed Financing Methods The Plan will be financed using a combination of revenue sources. These include: • Tax increment revenues; • Advances, loans, grants and any other form of financial assistance from the Federal, State or local governments or other public body; • Loans, grants, dedications or other contributions from private developers and property owners; and • Any other source, public or private. Revenues obtained by the Agency will be used to pay or repay costs, expenses, advancements and indebtedness incurred in planning or undertaking project activities or otherwise exercising any of the powers granted by ORS Chapter 457 in connection with the implementation of this Plan. B. Tax Increment Financing and Maximum Indebtedness The Plan may be financed, in whole or in part, by tax increment revenues allocated to the Agency as provided in ORS Chapter 457. The ad valorem taxes, if any, levied by a taxing district in which all or a portion of the Area is located, shall be divided as provided in section 1 c, Article IX of the Oregon Constitution, and ORS 457.440. Amounts collected pursuant to ORS 457.440 shall be deposited into the unsegregated tax City of Tigard 34 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN collections account and distributed to the Commission based upon the distribution schedule established under ORS 311.390. The maximum amount of indebtedness that may be issued or incurred under the Plan, based upon good faith estimates of the scope and costs of projects in the Plan and the schedule for their completion is Twenty Two Million Dollars and No Cents ($22,000,000). This amount is the principal of such indebtedness and does not include interest or indebtedness incurred to refund or refinance existing indebtedness. C. Prior Indebtedness Any indebtedness permitted by law and incurred by the Agency or the City of Tigard in connection with the preparation of this Plan or prior planning efforts related to this Plan may be repaid from tax increment revenues from the Area when and if such funds are available. D. Impact of Tax Increment Financing on Public Schools This Plan has been adopted with consideration of information in the Report accompanying the Plan regarding the impact of tax increment financing on the K-12 Public School system. Under current law providing for substantial state funding of K-12 schools, the tax increment financing of this Plan has minimal impacts on the revenues received by the Tigard Tualatin School District. Formatte a-' XI. DURATION OF PLAN No new indebtedness to be paid with tax increment revenues may be incurred after €;am the twentieth anniversary of the effective date of the Plan. As is common practice in urban renewal plans in Oregon, tax increment revenues may continue to be collected beyond this date, until it is found that deposits in the Commission's debt service fund are sufficient to fully pay principal and interest on indebtedness issued during the twenty years following the effective date of the Plan, either through direct payment of the indebtedness or by payment of principal and interest on bonds or notes issued to finance the indebtedness. The Plan will be effective on the date that the County certifies the results of the election at which the Tigard voters approve the measure that referred an ordinance approving an urban renewal plan to the Tigard voters. _ - - ' Formatte a- Xgl. FUTURE AMENDMENTS TO PLAN The Charter of the City of Tigard (Section 47) requires that the City Council refer to Tigard voters the ordinance approving an urban renewal plan at a regular or special City election held in May or November. It further requires that amendments to an urban renewal plan that "would or could involve the levying.of a tax on properties outside the urban renewal area to pay the debts or obligations to be incurred in carrying out the plan" must be similarly approved by Tigard voters (Section 48). Though the tax increment financing of the Plan does not involve levying of a tax, amendments that increase the maximum amount of indebtedness may increase the amount City of Tigard 35 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN of tax increment revenues. For this reason, such amendment is classified as a Substantial Amendment Requiring Voter Approval, as discussed in this section. A. Substantial Amendments Requiring Voter Approval Substantial amendments requiring voter approval consist of increasing the maximum amount of indebtedness. Such amendment shall require City Council approval by non- emergency ordinance and an affirmative vote when referred to Tigard voters for approval. B. Substantial Amendments Not Requiring Voter Approval Substantial Amendments Not Requiring Voter Approval consist of adding land to the urban renewal area that totals not more than I% of the original plan area. Substantial Amendments as described under Subsections XII A and B require the same notice, hearing and approval procedure required of the original urban renewal plan, including public involvement, consultation with taxing districts, presentation to the Planning Commission, special notice to City of Tigard households of a hearing by the City Council on the ordinance adopting the Substantial Amendment., and adoption of the Amendment by non-emergency ordinance. C. Council Approved Amendments Council-Approved Amendments consist solely of the following amendments: • Material changes to the goals and objectives of the Plan. • Addition or expansion of a project that adds a cost in 2005 dollars of more than $500,000 and is materially different from projects previously authorized in the Plan. • Extending the duration of the Plan. Council-Approved amendments require both the approval by the Agency by resolution and approval of the l~-City Council., whieh fnap -The City Council may approve the amendment by resolution. D. Minor Amendments Minor Amendments are amendments that are neither Substantial Amendments nor Council-Approved amendments. Minor amendments require approval by the Agency by resolution. E. Amendments to the City of Tigard Comprehensive Plan and/or Development Code Amendments to the City of Tigard Comprehensive Plan and/or Development Code that affect the Urban Renewal Plan and/or the Urban Renewal Area do not require separate City of Tigard 36 October 10, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN approval by the Agency or City Council, but when such amendments are adopted, the Plan is deemed to have been revised to be consistent with such amendments. i City of Tigard 37 October 10, 2005 ATTACHMENT 3 To: Duane Roberts Associate Planner From: Tina Mosca Date: November 8, 2005 Re: City Center Urban Renewal Plan Revisions Duane, per your request, I've provided a "marked up" copy of the October 10, 2005 Draft City Center Urban Renewal Plan, referred to the Planning Commission by the City Center Advisory Committee by Resolution No. 05-01 on October 18. All changes that have been made to the Plan since October 18th are shown in the requested format. In addition to the Draft Plan that highlights insertions and deletions, I have attached a revised copy of the Plan that incorporates all of the edits and is dated November 8th. Although the Legal Description was not included in the Draft Plan reviewed by the Planning Commission on October 31St, I have incorporated into the November 8th Draft per your request from two weeks back. A summary of revisions made to the October 10th Draft and reasons for these changes is provided below. The revisions are classified under two categories: 1) Attorney Revisions; and 2) Other Revisions. Attorney Revisions include editorial and substantive revisions recommended by Jeannette Launer, the attorney who is a member of the Consultant Team led by Tashman-Johnson LLC. Revisions made by the City Center Advisory Committee, City of Tigard Planning Staff and other members of the Consultant Team fall under the second category. Finally, please note that all page numbers and section numbers have been updated to reflect the format of the Plan with revisions. Please let me know if you have any questions. Sincerely, Tina Mosca 1 Attorney Revisions Other Revisions p. 1 - Section I - Paragraph 1 Remove reference to "Mixed Use Employment District" (Substantive change: no property within the Area is in the MUE District) p. 1 - Section I - Paragraph 3 Replace "(see Section IX)" with "(see Section X)" (editorial change) p. 1 - Section I - Paragraph 4 Replace "Chapter XI" with "Chapter XII" (editorial change) p.I - Section I - Paragraph 5 Replace "(see Chapter X)" with "(see Chapter XI)" (editorial change) p. 2 - Section II - Objective 4A Change "pedestrian oriented" to "pedestrian-oriented" and "human-scaled" to "human-scale" (Grammar edit) p. 3 - Insert new section Insert "Outline of the Plan" as a new section (III) and reformat subsequent sections. (Substantive change: ORS 457 requires that the Plan include this section, which provides a very brief overview of urban renewal projects and programs) After p. 4 - Section IV Insert legal description (pp. 5 to 8) after map of Area and repaginate pp. 5 to 32 to 9 to 36 (Format change) p. 9 - Section V(A)(1) Change wording of first line of project description to: "The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan." (Editorial change) 2 p. 9 - Section V(A)(2) Change wording of first line of project description to: "The re-alignment of the Scoffins Street/Hall Boulevard/Hunziker Road intersection is a project under the Plan." (Editorial change) e p. 9 - Section V(A)(3) Replace project description with: "Improvements to the intersection of Hall Boulevard/Highway 99W are a project under the Plan. The acquisition of additional public right-of-way may be undertaken as part of the project, which will improve multimodal circulation and safety and reduce congestion at this major intersection, which serves as an important gateway to downtown." (Editorial change) p. 10 -Section V(A)(5) Change wording of project description to: "The reconstruction and widening of Burnham Street is a project under the Plan." (Editorial change) p. 10 -Section V(A)(6) Change wording of project description to: "Upgrades and improvements to Center Street are a project under the Plan." (Editorial change) p. 11 - Section V(B) Change wording of last line from "The Urban Renewal Plan provides for streetscape improvements on the following streets in the downtown area:" to "Streetscape improvements on the following streets in the downtown area are a Project under the Plan:" (Editorial change) 3 p. 13 - Section V(C)(1) Change wording of project description to: "The provision of pedestrian access to the proposed downtown Tigard commuter rail station from Burnham Street is a project under the Plan." (Editorial change) p. 13 - Section V(C)(3) Change wording of project description to: "The installation of bicycle lanes and sidewalks on Scoffins Street, which currently lacks pedestrian and bicycle facilities, is a project under the Plan." (Editorial change)* p. 13 - Section V(C)(5) Change wording of project description to: "The installation of contiguous sidewalks on both sides of Highway 99W and a grade-separated bicycle/pedestrian crossing at Greenburg Road to increase pedestrian and bicycle safety is a project under the Plan." (Editorial change) p. 13 - Section V(C)(6) Change wording of project description to: "The provision of sidewalks and bicycle lanes on Center Street is a project under the Plan." (Editorial change) p. 13 - Section V(C)(7) Change wording of project description to: "The design and construction of an enhanced pedestrian bridge over Fanno Creek, connecting to Ash Avenue, is a project under the Plan. This project will facilitate access between residential neighborhoods west of Fanno Creek and downtown and will be designed to minimize impacts to sensitive areas and preserve wetlands buffers." (Editorial change) 4 p. 13 - Section V(C)(8) Delete first line of project description and replace with: "The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. This project will increase pedestrian access and provide new recreational opportunities for residents, workers and visitors to downtown." (Editorial change) p. 14 - Section V(C)(9) Delete first line of project description and replace with: "The design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks is a project under the Plan." (Editorial change) p. 15 - Section V(D)(1) Change wording of the project description to: "Upgrades and improvements to Fanno Creek Park, as well as the preservation and restoration of environmentally sensitive areas, is a project under the Plan." (Editorial change) p. 15 - Section V(D)(2) Change wording of the project description to: "The construction of a new skateboard park is a project under the Plan. The proposed location of the skateboard park is the City Hall parking lot." (Editorial change) p. 16 - Section V(E)(1) Change wording of the first line of project description to: "The development of a green corridor/urban creek that will extend from the intersection of Highway 99W and Hall Boulevard through downtown and to Fanno Creek in a project under the Plan." (Editorial change) 5 p. 16 - Section V(E)(2) Change wording of project description to: "The design and construction of public plazas that will serve as public gathering spaces is a project under the Plan. This project will encourage a broader range of active and passive recreational uses in downtown and attract more residents and visitors to the area." (Editorial change) p. 16 - Section V(E)(3) Before the first line of the project description add in: "The development of high quality urban green spaces suitable for a range of recreational uses is a project under the Plan." At the end of line two of the project description, remove: "by providing high quality urban green spaces suitable for a range of recreational uses." (Editorial changes) p. 16 - Section V(E)(4) Change the wording of the project description to: "The design and development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. (Editorial change) p. 18 - Section V(F) Change wording of first line from "The Plan includes the following public facilities." to "The Plan includes the public facilities described below." After line one, add "All the public buildings included in this section will generally serve and benefit the Area by increasing the use of the Area by Tigard residents and others, and by providing amenities to increase the demand for housing within the Area." (Substantive change: clarify purpose for including public buildings as a project in the Plan) 6 p. 18 - Section V(F) Change wording of line three to: "However, prior to the expenditure of tax increment revenues for any of these projects, the Agency will be required to adopt a Minor Amendment to the Plan (as provided in Section XII) explaining how the facility serves or benefits the Area, and further stating the proportion of the benefits of these facilities that will accrue to the Area and finding that the amount of the expenditure is proportional to the amount of benefit to the Area." (Substantive change: reference to ORS 457 "serves and benefits" language) p. 18 - Section V(F)(1) Change wording of first line of project description to: "The design and construction of a performing arts center in downtown Tigard is a project under the Plan." (Editorial change) p.18 - Section V(F)(2) Insert, as the first line of the project description: "The design and construction of new public parking facilities is a project under the Plan." (Editorial change) p. 18 - Section V(F)(3) Change wording of project description to: "The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan." (Editorial change) p. 18 - Section V(F)(4) Change wording of project description to: "The possible relocation of the existing downtown post office is a project under the Plan." (Editorial change) 7 p. 18 - Section V(F)(5) Change wording of project description to: "The provision of public restrooms in public gathering spaces is a project under the Plan." (Editorial change) p. 20 - Section V(G) Before line one of the Planning and Development general description, insert: "Offering the following types of planning and development assistance to support the development, redevelopment and rehabilitation of private property in the Area is a project under the Plan." (Editorial change) p. 20 - Section V(G)(3) In line one of the Technical Assistance Program description, replace "provides for" with "authorizes" (Editorial change for clarity) p. 21 - Section VI(A) - Paragraph 3 Change reference from "Chapter VI" to "Chapter VII" p. 21 = Section VI(A) - Paragraph 4 Delete reference to the Mixed Use Employment District. (substantive change: as previously noted, the Area does not include property in the MUE District) Insert "and" between "General Commercial" and "Professional Commercial". (Editorial change) p. 30 - Section VII Delete reference to the Mixed Use Employment District in second paragraph. (Substantive change: described above) 8 p. 31/32 - Section VII(D) Delete entire section describing proposed land uses in the Mixed Use Employment District. (Substantive change: described above) p. 33 - Section VIII(B) - Paragraph 1 Change reference to "Subsection VII A" in first line to "Subsection VIII A". (editorial change) p. 33 - Section VIII(B) - Paragraph 1 Delete line two and replace with "Property shall be conveyed at its fair reuse value. Fair use value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan." (Substantive change: add clarity to definition of fair use value) Page 34 - Section IX Delete lines two and three and replace with: "Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any property, the Agency will adopt relocation regulations." (Substantive change: willing sellers must be paid relocation benefits for any public acquisition) 9 p. 34 - Section X - Paragraph 1 Change wording of line one to: "Tax increment financing consists of using annual tax increment revenues collected by the Agency to make payments on debt incurred by the Agency, usually in the form of tax increment bonds." (Substantive change: add clarity to definition of tax increment financing.) p. 34 - Section X - Paragraph 1 In line two, replace "finance" with "pay" (Substantive change: proceeds of bonds don't "finance" projects, they actually pay for them.) p. 35 - Section XI Change wording of first line to: "No new indebtedness to be repaid with tax increment revenues may be incurred after the twentieth anniversary of the effective date of the Plan." (editorial change) At the end of the section, insert: "The Plan will be effective on the date that the County certifies the results of the election at which the Tigard voters approve the measure that referred an ordinance approving an urban renewal plan to the Tigard voters." (Substantive change: for clarity) p. 35 - Section XII(B) - Paragraph 2 Change "Subsections XI A and B" to "Subsections XII A and B". (editorial change) p. 36 - Section XII(B) Insert "not" before "more than 1 % of the original plan area." (Editorial change: typo) 10 I p. 36 - Section XII(B) - Paragraph 2 Insert a comma after "Substantial Amendment" and change "non emergency" to "non-emergency" (Editorial changes) p. 36 - Section XII(C) Change wording of last line to the following two lines: "Council-Approved amendments require both the approval by the Agency by resolution and approval of the City Council. The City Council may approve the amendment by resolution. (Editorial change for clarity) 11 ATTACHMENT 4 DRAFT REPORT ACCOMPANYING THE DRAFT CITY CENTER URBAN RENEWAL PLAN Oetebef November 85 2005 Tashman Johnson LLC Cascade Economic Planning SERA Architects Urban Land Economics Jeannette Launer, Attorney LIST OF PARTICIPANTS City Center Advisory Committee Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Long Range Planning Manager Duane Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mosca, Cascade Economic Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette Launer, Attorney TABLE OF CONTENTS 1. Introduction .....................................................................................................................................4 II. Existing Physical and Economic Conditions and Impact on Municipal Services .....................5 A. Physical Conditions ................................................................................................................5 B. Infrastructure ..........................................................................................................................8 C. Social Conditions .......................:............................................................................................9 D. Economic Conditions ...........................................................................................................11 E. Impact on Municipal Services ..............................................................................................14 III. Reasons for Selection of Each Urban Renewal Area in the Plan ..............................................15 IV. Compliance with Statutory Limits on Assessed Value and Size of Urban Renewal Area...... 15 V. The Relationship between Urban Renewal Projects and the Existing Conditions in the Urban Renewal Area ....................................................................................................................16 A. Street Improvements .............................................................................................................16 B. Streetscape Improvements ....................................................................................................17 C. Bike/Pedestrian Facilities .....................................................................................................18 D. Parks .....................................................................................................................................20 E. Public Spaces ........................................................................................................................20 F. Public Facilities ....................................................................................................................22 VI. The Estimated Total Cost of Each Project and the Sources of Moneys to Pay Such Costs ...24 VII. The Anticipated Completion Date for Each Project ..................................................................30 VIII. The Estimated Amount of Tax Increment Revenues Required and the Anticipated Year in which Indebtedness will be Retired .............................................................................................30 IX. Financial Analysis of the Plan ......................................................................................................30 X. Impact of the Tax Increment Financing, Both Until and After the Indebtedness is Repaid, ,Upon All Entities Levying Taxes Upon Property in the Urban Renewal Area .......................31 XI. Relocation Methods ......................................................................................................................32 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 1. INTRODUCTION The City Center Urban Renewal Report (the "Report") contains background information and project details for the City Center Urban Renewal Plan (the "Plan'). The Report is not a legal part of the Plan but is intended to provide public information that will guide the City Council and Tigard voters as part of their approval of the Plan. The Report provides the information required in ORS 457.085(3). The format of the Report is based on this statute. City of Tigard 4 9eteber43November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 II. EXISTING PHYSICAL AND ECONOMIC CONDITIONS AND IMPACT ON MUNICIPAL SERVICES This section of the Report describes existing conditions within the City Center Urban Renewal Area (the "Area"), documenting the occurrence of "blighted areas" as defined by ORS 457.010(1). A. Physical Conditions 1. Land Use and Zoning The Area contains approximately 193.71 acres and comprises 2.6% of the City's 7439.1 acres of total land area. It contains 193 individual properties, most of which are in the City's Central Business District (CBD) zoning district. The Area is served by two major transportation corridors, Highway 99W and Hall Boulevard, which provide access to downtown Tigard from surrounding commercial, industrial and residential neighborhoods. Two sets of railroad tracks, owned by Burlington Northern Same Fe Railroad and operated by Portland and Western Railroad, Inc., extend through the heart of downtown Tigard and restrict access between the northern and southern portions of the CBD. Freight trains transporting industrial commodities such as forest products, manufactured industrial products, bulk feed and paper pass through the Area approximately eight times a day and create traffic congestion at rail crossings when switching occurs. Fanno Creek Park, which demarcates the southern edge of the Area's boundaries, is downtown's most significant natural resource and recreational amenity. The Plan includes projects that will strengthen linkages between downtown and Fanno Creek Park and expand the Park's role as a community gathering space and recreational destination. As described in further detail below, the age and physical condition of existing commercial development is mixed. Examples of newer or recently rehabilitated commercial development include the Crown Carpets building on the corner of Commercial Street and Main Street, the A-Boy Plumbing and Electric store on Main Street and the BMDA building, whose ground floor tenants include a Thai restaurant and a naturopathic pet clinic. However, the Area also features substandard development and underutilized commercial buildings. On Main Street, for example, a boarded up building adjacent to the bridge overlooking Fanno Creek lies vacant. Further, some of Main Street's historic buildings have been neglected, as evidenced by poorly maintained storefronts and facades. An analysis of property classification data from Washington County's 2004-05 Assessment and Taxation database was used to determine the land use designation of parcels in the Area. While the Area is City of Tigard 5 AstebeFl-SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 predominantly commercial, as illustrated in Table 1, "Land Use (2004- 05)," it features a mix of uses, including residential, multifamily, and exempt or partially exempt public uses. Table 1: Land Use 2004-05 Property Class Number of Acres* % of Total Parcels Improved Residential 23 5.52 3.8% Vacant Commercial 10 1.30 0.9% Improved Commercial 122 73.55 51.0% Improved State-Assessed Industrial 1 6.25 4.3% Vacant Multifamily 1 0.07 0.0% Improved Multifamily 10 8.64 6.0% Exempt Federal 2 2.32 1.6% Exempt State 1 3.29 2.3% Exempt City 14 33.68 23.4% Exempt Municipal Water District 2 4.17 2.9% Exempt Other Municipal Corporation 2 0.98 0.7% Exempt Fire District 1 1.48 1.0% Exempt Benevolent 2 1.31 0.9% Exempt Fraternal 2 1.58 1.1% TOTAL 193 144.14 100.0% TOTAL VACANT 18 12.46 8.6% TOTAL IMPROVED 175 13L68 91.4% Source: Washington County, OR 2004-05 Assessment and Taxation Database Note: Total acreage does not include an estimated 49.57 acres of ROW. Only 9% of the Area is vacant. Most of the undeveloped lands, including 4.17 acres of Water District property and 3.29 acres of Oregon Department of Transportation right-of-way, are under public ownership. Improved commercial uses constitute 51% (73.55 acres) of the Area's total acreage. Existing commercial development is concentrated on Main Street, Highway 99W and property abutting the intersection of Hall Boulevard/Highway 99W. A broad range of retail and commercial uses are represented. These include but are not limited to: restaurants, antique stores, furniture stores, paint supply stores and frame shops as well as a liquor store, athletic club, bike shop, carpet store and shoe repair shop. Professional and medical service providers, including dentists, realtors, attorneys and the Tigard Chamber of Commerce, are also active in the Area. While most downtown businesses are small and locally owned, national retailers and franchises such as Rite-Aid, Jo-Ann Fabrics, Napa. Auto Parts and A-Boy Plumbing and Electric are also represented. City of Tigard 6 Asteher15November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 Some existing uses in the downtown area do not conform to the goals and objectives of the City's Comprehensive Plan and Development Code. In particular, automobile-oriented uses sursh as the Russ GhevFelet sales and and manufacturing and industrial facilities do not support the City's goal to create a vibrant, pedestrian-friendly atmosphere downtown. Like the autemebile oriented uses deser-ibed These are examples of Area businesses that play a valuable role in the local economy but are not appropriate uses in the CBD. The presence of industrial and automobile-oriented uses in the heart of downtown underscores the current underutilization of the area and magnifies the need for public investments that will attract more suitable retail, residential and employment uses in the CBD. In addition to commercial uses, tax exempt uses or partially exempt uses totaling 48.81 acres or 33.9 % of the Area's total land area are also well' represented. Most notably, the Area includes 33.68 acres of property under City ownership. While residential uses are present, they account for less than 10% of the Area's total acreage. Multifamily development and single family homes, predominantly from the 1940s and 1950s, constitute 6% and 3.8% of the Area's acreage respectively. Table 2, "Zoning Districts (2004-05)," shows the distribution of the Area's lands by zoning district. Table 2: Zoning Districts (2004-05) Zoning District % of Total Commercial Zoning Districts Central Business District 80.9% General Commercial 12.3% Professional Commercial 3.3% SUBTOTAL 964% Residential Zoning Districts R-4.5 Low-Density Residential District 1.0% R-12 Mediun-Density Residential District 1.3% R-25 Medium High-Density Residential District 1.3% SUBTOTAL 3.6% TOTAL 100.0% Source: Washington County, OR 2004-05 Assessment and Taxation database City of Tigard 7 Asteber-1.-SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q3 Approximately 96% of the Area with is zoned commercial, with 80.9% of the Area's total acreage in the CBD zone, 12.3% in the General Commercial zone and 3.3% in the Professional Commercial zone. Less than 4% of the Area's acreage is within residential zoning districts that permit a broad range of housing types at varying densities. The residential lands are concentrated in the southern and western portions of the Area, adjacent to Fanno Creek. B. Infrastructure 1. Transportation and Streetsca ee As detailed in the Tigard Downtown Improvement Plan, poor linkages exist between downtown Tigard and surrounding commercial, residential and employment Areas. Weak connections, in particular a lack of pedestrian friendly streetscape amenities, make it difficult to attract and sustain high quality retail, office and residential development, as specified in the Development Code. Long term needs for the Area include transportation improvements that will reduce traffic congestion, improve access to downtown, and create a safer and more welcoming environment for pedestrians, bicyclists and motorists. The City has established a preliminary list of priority transportation needs, which include: 1. Implement street improvements that will increase multimodal access and connectivity, reduce congestion at major intersections and increase safety for pedestrians, bicyclists and motor vehicles. 2. Provide bike lanes, sidewalks, and pedestrian-oriented streetscape improvements to increase multimodal circulation, safety, and connectivity and enhance the visual identity of downtown Tigard. 3. Develop pedestrian facilities that will improve pedestrian access to downtown from surrounding neighborhoods. 2. Parks The Plan identifies improvements to Fanno Creek Park, the Area's most significant natural resource, as a priority project. As the Area redevelops, the Park's role as a community gathering space and recreational activity center will expand. For this reason, maintaining and upgrading park facilities and protecting sensitive areas from the impacts of development and increased usage patterns will be critical. In addition to Fanno Creek Park improvements, the Plan recommends the development of a new skateboard park. City of Tigard 8 Oeteber 13November 8, 2005 e DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 3. Public Spaces As detailed in the Tigard Downtown Improvement Plan, the Area's public space environment is inadequate. Developing public spaces at key locations throughout the Area will strengthen linkages between downtown and Fanno Creek Park, the Area's existing "green" amenity, and reinforce downtown's identity as a unique shopping, entertainment, civic and recreational destination. The Plan has identified public spaces needs for the Area, which include: • a green corridor/urban creek that connects to other public spaces in the area and serves as an anchor for new development; • public plazas that serve as community gathering spaces; • urban green spaces that beautify the Area and provide opportunities for active and passive recreational activities; and • a public market near Fanno Creek. C. Social Conditions To analyze social conditions within the Area, a summary of demographic data and trends from the 1990 and 2000 U.S Census is included in this section. Census block group data was used to examine the Area's population and housing characteristics. The selected block groups encompass but do not correspond directly with the Area and the analysis is intended to provide a general description of the Area. Analysis of the Area in 1990 and 2000 is based on the following Census Tracts and Block Groups in Washington County, Oregon: Census Tract 307 - BG 1, 2 Census Tract 308.01 - BG 1 Census Tract 309 - BG 1 1. Population and Housing According to the Bureau of Census, in 2000 the total population of the Area was reported at 3,311 persons, up 8.3% from 3,056 persons in 1990. In 2000, 1,413 households with an average household size of 2.34 were reported for the Area. As presented in Table 3, "Change in Occupancy Status (1990 to 2000)," the Area experienced a net increase of 239 housing units (19.1%) between 1990 and 2000. Corresponding with the increase in total housing units, occupied housing units in the Area increased by 17% between 1990 and 2000. While growth in owner-occupied units was modest at 6.7% (43 City of Tigard 9 Oeteber-I-SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q3 units), renter-occupied households increased by 28.4% (162 units). The overall share of owner-occupied units in the Area decreased slightly from 52.8% in 1990 to 48.2% in 2000, a net loss of 4.6%. The decline in owner households may be attributed to the limited availability of ownership housing that is both affordable and attractive to buyers. It also suggests that prospective homebuyers do not view downtown Tigard as a desirable place to live. Table 3: Change in Occu anc Status 1990 to 2000 1990 2000 Change % Change Total housing units 1,252 1,491 239 19.1% Occupied units 1,208 1,413 205 17.0% owners 638 681 43 6.7% renters 570 732 162 28.4% Vacant units 44 78 34 77.3% % Owner occupied 52.8 48.2 -4.6 N/A % Renter occupied 47.2 51.8 4.6 N/A Source: 1990 and 2000 Census, SF 1 - 100 Percent Data As illustrated in Table 4, "Race Characteristics (2000)," while the Area's population is largely white, non-white residents represent a significant share of the population at 14.5%. Among non-whites who affiliated themselves with a single race, Asians showed the highest representation at 4.4%. In 2000, 3.5% of the Area's total population (487 persons) claimed two or more races. Table 4: Race Characteristics 2000 Race Area Total % of Area Total Total: 3,311 100.0% Population of one race: 3,196 96.5% White alone 2,830 85.5% Black or African American alone 22 0.7% American Indian and Alaska Native alone 26 0.8% Asian alone 147 4.4% Native Hawaiian and Other Pacific Islander alone 34 1.0% Some other race alone 137 4.1% Two or more races: 115 3.5% Total non-white: 481 14.5% Source: 2000 Census, SF 1 - 100 Percent Data In 1990, an estimated 93 persons or 3.0% of the Area's total population reported Hispanic or Latino origin. By 2000, as shown in Table 5 "Hispanic or Latino Population (2000)," the Hispanic or Latino population City of Tigard 10 Aetebet I ovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 had risen to 403 persons or 12.2% of the Area's total population. Between 1990 and 2000, with the addition of 310 persons of Hispanic or Latino origin, the Area's Hispanic or Latino population more than tripled. Table 5: Hispanic or Latino Po ulation (2000) Hispanic or Latino Area Total % of Area Total Total Population: 3,311 100.06/0 Not Hispanic or Latino 2,908 87.8% Hispanic or Latino 403 1 Source: 2000 Census, SF 1 - 100 Percent Data D. Economic Conditions 1. Taxable Value of Property Within the Area State law limits the percentage of a municipality's total assessed value and area that can be contained in an urban renewal area at the time of its establishment to 25% for municipalities under 50,000 in population. The estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limits. 2. Building _to Land Value Ratio An analysis of property values can be used to assess the economic condition of real estate investments in a designated area. The relationship of a property's improvement value (the value of buildings and other improvements to the property) to its land value is generally an accurate indicator of the condition of real estate investments. This relationship is referred to as the "Improvement to Land Ratio" or "LL". The values used are real market values. In urban renewal areas, the LL may be used to measure the intensity of development or the extent to which an area has achieved its development priorities. I:L ratios for healthy properties in downtown Tigard could range between 7.0 -10.0 or more. For instance, a property on a 15,000 square foot lot would have a land value of $150,000, at $10.00 per square foot. A two- story commercial property containing 20,000 square feet valued at $60.00 per square foot would have an improvement value of $1,200,000. The LL ratio for this property would be 8.0. City of Tigard 11 Oeteber 1-5November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 Table 6, "Improvement to Land Ratios (2004-05)," shows the average improvement to land ratios for properties within the study area, sorted by property class. As highlighted in the Physical Conditions section, the Area consists primarily of commercial lands within Tigard's Central Business District (CBD) and General Commercial (CG) zone. At 1.34, the average I:L for commercial uses within the Area is very low, an indication that commercial properties are significantly underdeveloped. One of the stated economic policies of the Tigard Comprehensive Plan is, "to improve and enhance portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area." The Plan supports projects that will enhance the Area's capacity to retain existing businesses and attract new employers, residents and visitors to the Area, thereby improving economic stability and job growth within the CBD. Table 6: Improvement to Land Ratios (2004-05) 0 Use Average LL Average LI, All Parcels Improved Parcels Only Residential 0.67 0.86 Commercial 1.34 1.43 State-Assessed Industrial 0.00 0.00 Multifamily Residential 2.53 2.79 Exempt or Partially Exempt 0.20 0.73 Source: Washington County, OR 2004-05 Assessment and Taxation database The average LL of each of uses represented in the Area is low, falling at or below 2.79. This is clearly evidenced by the Area's inadequate streetscape, substandard housing development, underutilized commercial lands, and the lack of public spaces and public facilities. 3. Income and Poverty As a group, Area residents are less well off than the citywide population. The Area's median household income was estimated at $38,100 in 2000, 26% lower than the City's median household income of $51,581. Table 7, "Poverty Status in 1999 by Age," shows the population breakdown by persons living below and at or above the federal poverty level. City of Tigard 12 OetebeF 15November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v-23 Table 7: Poverty Status in 1999 b Age Poverty Data Area Total % of Area Total Total Persons'~ 3,705 100.0% Income in 1999 Below Poverty Level: 314 8.5% Under 18 ears 95 2.6% 18 ears and over 219 5.9% Income in 1999 at or Above Poverty Level: 3,391 91.5% Under 18 ears 446 12.0% 18 ears and over 2,945 79.5% Source: 2000 Census, SF 3 - Sample Data Population for whom Poverty Status is Determined An estimated 8.5% of the Area's population was living below the poverty level in 1999. The Plan supports transportation and streetscape projects and programs that will improve the physical appearance of downtown Tigard and increase access and connectivity throughout the Area. These improvements will make downtown an attractive location for high quality retail, commercial and office development, which will create new employment and economic opportunities for local residents. 4. Employment Employment data from the 2000 Census is used to analyze the employment status of residents in the Area. Given that state and national unemployment rates increased during the economic downtown and the Portland regional economy has not yet fully recovered, it is likely that current unemployment within the Area is higher and the labor force participation rate is lower than in 2000. As shown in Table 8, "Employment Status, Persons 16 years and over, City Center URA (2000)," the percentage of Area residents 16 and over in the labor force was 65.5% in 2000. While only 2.6% of the labor force was unemployed, the Area's labor force participation rate was 6% lower than the citywide rate, reported at 72.2% in 2000. This suggests that downtown Tigard may have a significant population of persons who, due to age or disability, are unable to work. City of Tigard 13 Oeteber- 15November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 Table 8: Employment Status, Persons 16 years and over City Center URA 2000 Employment Status Area Total % of Area Total Persons, 16 ears and over 3,224 100.0% In labor force: 2,112 65.5% Armed forces 0 0.0% Civilian labor force 2,112 65.5% Employed 2,029 62.9% Unemployed 83 2.6% Not in labor force: 1,112 34.5% Source: 2000 Census, SF 3 - Sample Data E. Impact on Municipal Services The fiscal impact of tax increment financing on taxing districts that levy taxes within the Area ("affected taxing districts") is described in section IX of this Report. This subsection discusses the fiscal impacts resulting from potential increases in demand for municipal services. Increases in commercial and residential occupancies within the Area will generally result in higher demand for fire, life safety and public safety services. However, older buildings not currently meeting building and fire codes will be brought into code compliance, reducing the demand from those buildings. Similarly, street improvements identified in the Plan will make downtown safer and more accessible to fire and emergency services vehicles. New landscaping features and public spaces improvements within the Area will increase the need for maintenance. However, sidewalk improvements will reduce the need for repairs of existing sidewalks. Population growth resulting from new residential development within the Area will increase the demand for municipal and social services. However-, revenues. City of Tigard 14 9stObff 1-SNovember 81 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v-23 III. REASONS FOR SELECTION OF EACH URBAN RENEWAL AREA IN THE PLAN There is one urban renewal area in the Plan and it was selected to improve and prevent the future occurrence of blighted areas as defined in ORS 457.010(1). IV. COMPLIANCE WITH STATUTORY LIMITS ON ASSESSED VALUE AND SIZE OF URBAN RENEWAL AREA As noted above, the estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limit contained in Chapter 457 of Oregon Revised Statutes. City of Tigard 15 AsteberSNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 V. THE RELATIONSHIP BETWEEN URBAN RENEWAL PROJECTS AND THE EXISTING CONDITIONS IN THE URBAN RENEWAL AREA This section describes the relationship between the urban renewal projects called for in the Plan and conditions generally described in Section II of this Report and more particularly described below. A. Street Improvements 1. Ash Avenue Extension, Scoffins to Burnham, Including Railroad Crossing The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan. RelationshiRto Existing Conditions Under existing conditions, Ash Avenue is an incomplete roadway that extends from Scoffins Road to Commercial Street and picks back up at Burnham Street, on the south side of the rail corridor. Filling in the "gap" in the roadway will increase access and connectivity within the CBD. The provision of a new railroad crossing is necessary to ensure pedestrian, bicycle and motor vehicle safety. 2. Scoffins Street/Hall Boulevard/Hunziker Road Re-Alignment This project will realign the Scoffins Street/Hall Boulevard/Hunziker Road intersection. Relationship to Existing Conditions Located on the eastern edge of the Area, this three-way intersection provides access to downtown from Highway 99W and residential neighborhoods east of Hall Boulevard and south of downtown. Currently, Scoffins Street and Hunziker Road are poorly aligned, which increases traffic congestion and compromises the safety of pedestrians, bicyclists and motorists crossing over, or turning on or off, Hall Boulevard. Improving the alignment of the intersection will reduce congestion and increase multimodal safety. 3. Hall Blvd/Highway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard and Highway 99W are a project under the Plan. The acquisition of additional public right-of-way may be undertaken as part of the project. Relationship to Existing Conditions City of Tigard 16 Astel~eF 13November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 This project will improve multimodal circulation and safety and reduce congestion at the intersection of Hall Boulevard and Highway 99W, a major intersection that serves as the primary entryway to downtown. 4. Greenburg Road/Highway 99W Intersection Improvements Improvements to the intersection of Greenburg Road and Highway 99W are a project under the Plan. Relationship to Existing Conditions Under current conditions, traffic congestion at the intersection of Greenburg Road and Highway 99W hampers multimodal circulation and safety in Downtown Tigard and impedes access to the Area. This project will promote safe and convenient access to downtown Tigard and improve the flow of traffic throughout the Area. 5. Burnham Street Improvements The reconstruction and widening of Burnham Street is a project under the Plan. Relationship to Existing Conditions A's noted in Section II A, access throughout the Area is constrained by weak linkages and the lack of an adequate street system in the Central Business District. The reconstruction and widening of Burnham Street will increase multimodal access to underutilized commercial properties in the southeast portion of the Area, which are expected to redevelop to more intensive residential, office, civic and commercial uses under the Plan. 6. Center Street Improvements Upgrades and improvements to Center Street are a project under the Plan. Relationship to Existing Conditions As the Safeway property at the northwest corner of Hall Boulevard and Highway 99W redevelops, Center Street, which provides access to the property from Greenburg Road, will need to be improved to accommodate the anticipated increase in bicycle, pedestrian and motor vehicle traffic. B. Streetscape Improvements 1. Downtown Tigard Streetscape Improvements City of Tigard 17 Oetaber-I SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q3 Streetscape improvements along Main Street, Burnham Street, Commercial Street, Ash Avenue, Scoffins Road and Center Street are a project under the Plan. Relationship to Existing Conditions The lack of adequate streetscape amenities and human-scale development in downtown Tigard makes it an unsafe and unwelcoming destination for pedestrians. Under current conditions, downtown lacks a distinct visual identity and character, which has made it difficult to attract active retail, civic and employment uses supported in the Comprehensive Plan. Installing streetscape furnishings, street trees and other landscape enhancements will beautify downtown and create a more business- friendly, pedestrian-oriented environment. C. Bike/Pedestrian Facilities I . Commuter Rail Access The provision of a new pedestrian access way between Burnham Street and the proposed commuter rail station is a project under the Plan. Relationship to Existing Conditions Under current conditions, multimodal access within the Area is constrained by the rail corridor, which bisects the CBD. Pedestrians who want to cross between the north and south sides of the rail corridor currently have one option - Main Street. This project will provide an alternative and more direct access route for pedestrians wishing to access the proposed commuter rail station on Commercial Street. 2. Sidewalks and Bike Lanes The Plan recommends bicycle and pedestrian improvement projects that will provide sidewalks and bike lanes on Hall Boulevard, Scoffins Street, Tigard Street, Highway 99W and Center Street. Relationship to Existing Conditions The incomplete sidewalk system and lack of striped bike lanes in downtown Tigard impedes pedestrian and bicycle access and weakens public perception of downtown as a unified district. In conjunction with urban spaces and streetscape improvements, the proposed sidewalk and bike lane improvements will improve multimodal access to the Area and create an attractive and visually distinct streetscape environment in downtown Tigard. City of Tigard 18 Aetebff 15November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q3 3. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Fanno Creek is a project under the Plan. The bridge will connect to Ash Avenue, which does not currently extend over the Creek. Relationship to Existing Conditions One of the stated goals of the Plan is to, "Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development." This project will enhance connectivity between Downtown Tigard and residential neighborhoods to the south and west of Fanno Creek. 4. Conversion of Existing North Rail Corridor into a Multi-use Pedestrian Trail The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features. Relationship to Existing Conditions This project will increase pedestrian access to downtown Tigard while providing new active and passive recreational opportunities for Area residents, workers and visitors. Consistent with goals of the Tigard Downtown Improvement Plan and the Comprehensive Plan, this project will be developed in an environmentally sensitive manner and will incorporate low impact, sustainable development techniques. City of Tigard 19 SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v-23 5. Tigard Street/Grant Bicycle/Pedestrian Crossing This project provides for the design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks. Relationship to Existing Conditions Currently, due to an insufficient number of railroad crossings, multimodal access to Downtown from surrounding neighborhoods is constrained. This project will provide safe and convenient access to non-motorized vehicles traveling to and from downtown from residential areas to the north and west. D. Parks 1. Faring Creek Park Improvements Improvements to Fanno Creek Park, including the preservation and restoration of environmentally sensitive areas, are a project under the Plan. Relationship to Existing Conditions As the Area redevelops and new housing, office, retail and commercial development locates downtown, it will be necessary to preserve the environmental integrity of existing parks and open space areas. Currently, Fanno Creek is the Area's most significant natural amenity. This project provides for improvements that will make Fanno Park a safer and more attractive recreational destination while protecting sensitive areas in the Fanno Creek Watershed. 2. Skateboard Park The design and construction of a new skateboard park is a project under the Plan. Relationship to Existing Conditions Similar to the Fanno Creek Park Improvements project and other public spaces proposed in the Plan, this project will expand the range of recreational opportunities in the Area and draw people of varying ages and interests to Downtown Tigard. E. Public Spaces City of Tigard 20 Oeteber1SNovember 81 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 1. Green Corridor/Urban Creek The development of a green corridor/urban creek, which will extend from Fanno Creek to the northwest corner of the Central Business District, is a project under the Plan. Relationship to Existing Conditions As described in Section II B, downtown Tigard's inadequate streetscape environment limits its capacity to promote active retail, shopping and entertainment uses. The proposed Green Corridor/Urban Street project will serve as a catalyst for development and strengthen linkages between key downtown locations, including Fanno Creek Park, Main Street and the proposed Commuter Rail station. 2. Plazas and Urban Green Spaces The development of public plazas that will serve as public gathering spaces is a project under the Plan. Relationship to Existing Conditions Under existing conditions, the lack of public open space areas in downtown Tigard makes it an unattractive and unwelcoming pedestrian environment. Developing public plazas and urban green spaces suitable for a broad range of recreational and civic uses will increase community livability in downtown Tigard and strengthen its identity as a pedestrian- friendly shopping, entertainment and recreational district. 3. Public Market The development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions Developing a public market that will serve as a gathering space for community events and recreational activities will draw residents and out- of-town visitors to downtown Tigard. Area businesses will benefit directly from this project as individuals and families who visit the public market will also patronize restaurants, shops and other downtown venues. City of Tigard 21 Oetebff 15November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 F. Public Facilities 1. Performing Arts Center The development of a performing arts center in downtown Tigard is a project under the Plan. Relationship to Existing Conditions Under existing conditions, artistic and cultural activities in the Area are very limited. The development of a new Performing Arts Center, which will serve as a community gathering place for the arts, will promote downtown Tigard's reputation as a center for entertainment and culture. Performing Arts Center patrons will shop at local businesses, dine at downtown restaurants and enjoy the various recreational and entertainment activities that the Area has to offer. 2. Public Parking Facilities The development of new public parking facilities in downtown Tigard is a project under the Plan. Relationship to Existing Conditions While the Area's supply of parking is adequate for the needs of existing businesses and residents, it is anticipated that the demand for public parking facilities will increase as the Area redevelops. Anticipated growth in housing and employment densities in downtown Tigard will increase the need for additional off-street parking. Developing public parking facilities at key locations throughout the Area, particularly in the CBD, will make downtown a convenient location for civic, retail and recreational activities. 3. Public Market Area The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions The public market area will serve as a community gathering spot and will strengthen linkages between Fanno Creek Park, the CBD and adjacent residential neighborhoods. 4. Post Office Relocation City of Tigard 22 OetebeF4-SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 The possible relocation of the existing downtown post office is a project under the Plan. Relationship to Existing Conditions The existing downtown post office may not be the optimal use for valuable commercial real estate in the heart of downtown Tigard. Although the post office generates a substantial level of traffic, it is not compatible with other desired commercial activities on Main Street. For this reason, the post office may be relocated to an alternative site in the Area. 5. Public Restrooms The provision of public restrooms in public gathering spaces is a project under the Plan. Relationship to Existing Conditions Concurrent with the development of public gathering spaces in the Area, such as the proposed Public Market near Fanno Creek, the provision of public restrooms will help make shopping, dining and usage of the Area's public facilities and recreational amenities a comfortable and convenient experience for the public. City of Tigard 23 Astebef4-SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v-23 VI. THE ESTIMATED TOTAL COST OF EACH PROJECT AND THE SOURCES OF MONEYS TO PAY SUCH COSTS Table 9 below shows the estimated total cost of each project and the estimated sources of funds to address such costs, with all figures in year of expenditure dollars (which take into account inflation). City of Tigard 24 Oeteber-I-SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 fable 9: Revenues, Costs and Schedule for Urban Renewal Projects COmment:Notc:Tabichasbeencditcd to include funding for Land Acquisition from Willing Scllcm and Public Facilities FY Ending June 30 2007 2008 2009 2010 2011 2012 Protects. Revenues Beginning Balance 0 508,600 113,087 542,136 122,574 234,719 251 Debt Proceeds 0 830,136 0 1,028,100 160,173 1,35( Initial Funding from City of Tigard 900,000 0 Interest Earnings 0 7,629 14,148 8,132 17,260 5,923 24 Total Revenues 900,000 516,229 957,372 550,268 1,167,935 400,816 1,62E Adminstration Capital Projects 1 2 3 4 5 6 Street Improvements 144,200 148,526 152,982 157,571 162,298 0 15= Streetsca a Improvements 144,200 148,526 152,982 157,571 162,298 0 152 Bike/Pedestrian Facilities 103,000 106,090 109,273 112,551 115,927 0 Parks 0 0 0 0 231,855 0 151 Public Spaces 0 0 0 0 115,927 59,703 7f Public Facilities 0 0 0 0 115,927 59,703 7f Planning and Development Assistance 0 0 0 0 28,982 29,851 7f Property Acquisition - From WillinSellers 0 0 0 0 0 0 7f Total Expenditures 391,400 403,142 415,236 427,693 933,216 149,257 76f City of Tigard 25 OP*RhRF 14November 8 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 Table 9: Revenues, Costs and Schedule for Urban Renewal Projects (Continued) FY Ending June 30 2017 2018 2019 2020 2021 2022 2023 2024 Revenues Beginning Balance 572,442 1,472,179 687,766 1,326,142 656,140 1,318,372 659,175 1,947,82: Debt Proceeds 1,951,955 434,527 1,703,901 512,490 1,870,703 595,854 2,725,440 651,615 Initial Funding from City of Ti ard Interest Earnings 37,866 28,601 35,875 27,579 37,903 28,713 50,769 38,992 Total Revenues 2,562,263, 1,935,307, 2,427,542 1,866,212, 2,564,746 1,942,940, 3,435,384 2,638,42E Adminstration Capital Projects 11 12 13 14 15 16 17 lE Street Improvements 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,48- Streetsca Improvements 242,241 249,508, 220,280 242,014, 249,275 256,753, 297,513 340,487 Bike/Pedestrian Facilities 0 0 0 0 0 0 0 C Parks 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,481 Public Spaces 121,120 124,754 110,140 242,014 249,275 256,753 297,513 340,487 Public Facilities 124,754 110,140 0 0 0 0 C Planning and Development Assistance 121,120 124,754 110,140 121,007 124,637 256,753 297,513 340,487 ,Property uisition-FromWillin Sellers 121,120 124,754 110,140 121,007 124,637 0 0 C Total Expenditures 1,090,084 1,247,541 1,101,400, 1,210,072 1,246,374 1,283,765 1,487,563 1,702,433 City of Tigard 26 9etebeF -SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 Table 10: Tax Increment Revenues, Debt Service and Debt Service Reserves FY Ending Junc 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 REVENUES Beginning Balance 0 40.827 79.535 196.425 286.223 299.301 453.184 444,189 Tae lwmmant Revenues 40,223 124.648 200.530 279.022 360.181 481.864 607,608 737,494 Interest 603 3,095 5,394 10.078 13.989 16.207 22.710 24.388 Total Rcvcnucs 40.827 168,570 285,459 485325 660.393 797.372 1,083.501 1.206.070 Aventc Tax Incmmcnt Rcvcnucs 1,222,820 EXPENDITURES Debt Semicc. Lon Term Bond 1 89.035 89.035 89.035 89,035 89.035 M035 89.035 Bond 2 110.267 110.267 110.267 110.267 110,267 Bond 3 144.887 144.887 144.887 Bond 4 182,593 Bond 5 Bond 6 Bond 7 Bond 8 Bond 9 Total Debt S-icc. Lon Tcrtn 0 89.035 89.035 199301 199.301 344,189 344.189 526,781 Bond R.- 0 89,035 89,035 199,301 199.301 344.189 344.189 526.781 Debt Scrvice Short Term 0 161.791 295.124 Total E.c nditums 0 178.069 178.069 398.603 560.393 688.377 983.501 1.053.562 City of Tigard 27 Posshor 14November 8 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 Table 10: Tax Increment Revenues, Debt Service and Debt Service Reserves (Continued) FY Ending Juno 30 2018 2019 2020 2021 2022 2023 2024 2025 REVENUES Bc innin Balance 822.630 822.630 980,138 980,138 1,148 672 1,148,672 1.311.417 1.311.417 Tax Increment Revenues 1120 066 1,232,193 1348 178 1,468,140 1,592,201 1,695 984 1,803,223 1914 027 Interest 41,480 43,162 49,62 51426 58,343 59,90 66391 68,053 Total Revenues 1.984 176 2,097,985 2,377,943 2 499 705 2,799,216 2,904 555 3 181 031 3,293,497 Avcra c Tax Increment Revenues EXPENDITURES Debt ScmiceLon Term Bond 1 89,035 89,035 89,035 89,035 89,035 Bond 2 110,267 110,267 110,26 7 110.267 110.267 110.267 110,267 Bond 3 144 887 144,887 144,88 7 144.887 144,887 144,887 144,887 144,88 7 Bond 4 182,593 182,593 182,593 181593 182.593 182.593 182.593 182.593 Bond 5 195,849, 195,849 195,849, 195,849 195.849 195 849 195,849 195,84 9 Bond 6 1574508 157,50 8 157,508 157,508. 157,508 157,5081 157,508 Bond 7 168,533 168,533 168,533 168.533 169,533 Bond 8 251,78 0 251,780 251,780 Bond 9 266,012 Total Debt Smice. Lon Tenn 722,630 880,138 880.138 1,048.672 1,048,672 1.211 417 1.211.417 1.367 162 Bond Rcscmc 722,63 0 880,138 880,138 1.048.672 1,048 672 11114417 1.211.417 1.367 162 Dcbt Scmice Short Term 439,9161 237,709 517,667 302.361 601,873 381,7211 658.197 359 173 Total Ex cndimms 1,884.1761 1997.985 2.277,943 2.399.703 2,699,2161 2,804,533 3,081,031 3,193,497 City of Tigard 28 9etebep4-SNovember 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 Table 11: Projected Incremental Assessed Value and Tax Rates FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 Frown Sam 62.894.466 62.884.466 62.884.466 62.884.466 62.894.466 62.894.466 62.884.466 62884.466 62.884866 Prior Year Total 62.884.466 66.304.704 73.483.446 79,935.766 86.609.983 93.511.005 103.857.879 114.550.020 Appreciation % 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Appreciation $ 1.572.112 1.657.618 1.837.086 1.998394 2.165.250 2.337.775 2.596.447 2.863.751 Gross New Real Markel Value 4.181281 12.677.669 8.633.061 8.772.651 8.915.234 15.134351 15.361.849 15.593.906 Net %of Gross 65% 65% 81% 82% 83% 840/6 85% 86% Net Real Market Value 2.717.832 8.240A85 6992379 7.191573 7.399.644 12,712,855 13.057.571 13,410.759 Changed Pro rtv Ratio 680/6 6r/. 661/6 65% 64% 63% 62% 61% Assessed Value. New Mvelo ent 1.848.126 5.521.125 4.615.234 4.675.823 4.735.772 8.009.098 8.095.694 8.180.563 Total 62.884,466 66.304.704 73,483,446 79.935.766 86.609983 93.511.005 103.857.879 114.550.020 125.594.334 Incremental Asmmd Value 0 3.420.238 10.598.980 17.051.301 23,725.517 30.626.539 40.973.413 51.665.554 62.709.868 Conolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 Tax increment Rem- 40.630 125.907 202.556 281.840 363.819 486.731 613.745 744.943 FY Ending June 30 2018 2019 2020 2021 2022 2023 2024 2025 202, Frown Bam 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,4!; Prior Year Total 148,908,830 158,124,890 167,659,173 177,521,502 187,721,989 198,271,051 207,095,782 216,214,461 225,636,20! A reemion% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 15% 2.5% 2.54 A rocietionS 3,722,721 3,953,122 4,191,479 4,438,038 4,693,050 4,956,776 5,177,395 5,405,362 5,640,90: Gross New Real Market Value 10,287,151 10,451,613 10,619,567 10,791,104 10,966,316 7,243,360 7,380,682 7,521,324 7,665,377 Net % of Gross 89% 89-A 89-A 89% 89% 89% 89% 89% 89Y Net Real Market Value 9,155.565 9,301,936 9,451,415 9,604,082 9,760,021 6,446,590 6,568,807 6,693,979 6,822,18' Charged Pro v Ratio 60% 60% 60% 60% 60% 60% 60% 60% ;m- Assessed Value, New r) veld ment 5,493,339 5,581,161 5,670.849 5,762,449 5,856,013, 3,867,954, 3,941,284 4,016,387 4,093,31: Total 158,124,890 167,659,173 177,521.502 187,721,989 198,271,051 207,095,782 216,214,461 225,636,209 235,370,42, Incremental A. used Value 95,240.424 104.774,707 114,637,036 124,837,523 135,386,585 144,211,316 153,329,995 162,751.743 172,485,961 Consolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.879: Tax Increment Revenues 1,131.380 1,244,640 1361.796 1,482,970 1,608284 1,713,115 1,821,438 1,933,361 21048,99: City of Tigard 29 Geteber43NOVember 8 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 VII. THE ANTICIPATED COMPLETION DATE FOR EACH PROJECT Table 9 shows the anticipated completion dates of the urban renewal projects. VIII. THE ESTIMATED AMOUNT OF TAX INCREMENT REVENUES REQUIRED AND THE ANTICIPATED YEAR IN WHICH INDEBTEDNESS WILL BE RETIRED Table 10 shows the yearly tax increment revenues and their allocation to debt service and debt service reserve funds. It is anticipated that all debt will be retired by the end of FY 2027/2028. The estimated amount of tax increment revenues required to service debt is $39,142,083 (total tax increment revenues of $40,026,326 less $884,243 remaining after debt is retired; to be refunded to taxing districts). IX. FINANCIAL ANALYSIS OF THE PLAN The estimated tax increment revenues of $39,142,083 are based on projections of the assessed value of development within the Area. Table 11 (page 29) shows the projected incremental assessed value, projected tax rates that would produce tax increment revenues, and the annual tax increment revenues. These in turn provide the basis for the projections in Table 10. City of Tigard 30 9etebef4-5November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v23 X. IMPACT OF THE TAX INCREMENT FINANCING, BOTH UNTIL AND AFTER THE INDEBTEDNESS IS REPAID, UPON ALL ENTITIES LEVYING TAXES UPON PROPERTY IN THE URBAN RENEWAL AREA The impact of tax increment financing on overlapping taxing districts consists primarily of the property tax revenues foregone on permanent rate levies as applied to the growth in assessed value in the Area without the Plan. Revenues on growth in assessed value that would not occur but for the Plan cannot be considered as foregone. It is reasonable to project that development within the Area without the Plan would take much longer to occur, would be less extensive and would have lower assessed values. Table 912 shows the property tax revenue foregone by overlapping taxing districts during the use of tax increment financing, in terms of average revenues foregone per year through FY 2027/2028 in current dollars. No impacts are shown for the K-12 School District or Educational Service District, because under the current K-12 and ESD financing system, property tax revenues foregone by the districts would be offset by additional revenues from the State School Fund. Table 912: Revenues Foregone Present Value of Revenues Foregone Through 2028 Average/Year Washington Count Permanent 1,660,097 79,052 TVF&R 1,126,125 53,625 Port 51,758 2,465 Metro 71,324 3,396 City of Tigard 1,855,537 88,359 ESD - NW Regional 113,558 5,408 PCC 208,804 9,943 City of Tigard 31 QetebeF15November 8, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v-23 Table 4.913 shows the increase in permanent rate levy revenues that would occur in the years after termination of the tax increment financing, from FY 2029 through FY 2037, when the projected additional value in the Area would result in a "break even" point. During FY 2036/2037, the value in current dollars of the revenues foregone would be exceeded by the value in current dollars of the additional revenues gained. Table 4-913: Revenues Gained After Termination of Tax Increment Financing FY 2029 through FY 2037 Taxing District Through 2037 Washington Count Permanent 1,677,514 TVF&R 1,137,940 Port 52,301 Metro 72,073 City of Tigard 1,875,004 ESD - NW Regional 114,749 PCC 210,995 XI. RELOCATION METHODS The Agency will comply with all applicable federal and state statutes and regulations re arding relocation whenever it acquires property in furtherance of the Plan. City of Tigard 32 Oetebep-I-SNovember 8, 2005 ATTACHMENT 5 To: Cathy Wheatley City Recorder From: Tina Mosca Date: November 8, 2005 Re: City Center Urban Renewal Report Revisions Here are the Report changes. CCDA Revisions Other Revisions p. 7 - Paragraphs 1 and 2 First two paragraphs were combined. Wording changes were suggested by Craig Dirksen, which included deleting references to specific businesses. p. 14 - Section II(E) - Paragraph I "IX" was changed to "X" editorial change) p. 14 - Section II(E) - Paragraph 4 Delete last line: "However, the cost of providing these services will be off set, in part, by property tax revenues." (editorial change) pp. 25-26 Table 9 has been updated to include line item costs for acquisition of land from willing sellers and public facilities projects. (Substantive Change: intended to provide more detail on projected cost of projects and programs) pp. 25- 29 (from Oct. 15 version) Repaginate pages with financial tables (editorial change) pp. 31 - 32 Rename Tables 9 and 10 to Tables I 1 and 12 (editorial change) p. 32 Insert new section: "Relocation Methods" (substantive change: State and Federal statutes and regulations the Agency to provide relocation assistance if it acquires property for furtherance of the Plan 1 ATTACHMENT 6 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 31, 2005 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 Buehner, Caffall, Duling, Haack, Meads, and Vice President Munro. Commissioners Absent: Commissioners Inman, and Anderson. Also Commission alternate David Walsh. Staff Present: Tom Coffee, Interim Community Development Director; Duane Roberts, Planning Manager; Gary Firestone, City Attorney; Bethany Stewart, Interim Planning Commission Secretary; 3. APPROVE MEETING MINUTES It was moved and seconded to approve the September 12, 2005 meeting minutes as submitted. The motion passed unanimously. 4. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Meads reported that the Park and Recreation Board have submitted input on a list of properties to purchase as future park areas to staff. Commissioner Buehner reported on the PD Committee. Dick Bewersdorff is stepping in as the staff person replacing Morgan Tracy. They are working on the rough draft of ordinance changes. Expect to have final draft to go to City Council at their January workshop meeting. Commissioner Buehner also reported on the City Center Advisory Committee. There will be a public open house 11/10 6:30 @ library. There is a notice going out to all registered voters or property owners. Our recommendation will go to city council on 11/22. Commissioner Buehner shared a person success. Her some is involved in 8 man rowing and went to Japan a couple of months ago as part the USA crew team. The USA team came home with the gold medal. Commissioner Duling reported that there was no CCI meeting but Liz Newton did report that the individuals of the volunteers that reside in three identified pilot PLANNING COMMISSION MEETING MINUTES - October 31, 2005 - Page 1 .program areas have been contacted regarding their interest in participating in a meeting to be on 12/6. Commissioner Haack reported that the tree board has an upcoming meeting with City Council in November to go over ordinance re: heritage trees and input on forestry plan in association with the Community Development Plan that is under review. Vice President Munro reported that the next downtown task.force November meeting is postponed until December. 5. PUBLIC HEARING 5.1 MISCELLANEOUS (MIS) 2005-00017 TIGARD CITY CENTER URBAN RENEWAL PLAN REQUEST: The City Center Development Agency requests the Planning Commission to recommend to the City Council adoption of the Tigard City Center Urban Renewal Plan and requests that the Council approve the Plan, subject to voter approval, and refer it to the voters. LOCATION: map attached COMPREHENSIVE PLAN DESIGNATION: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). ZONE: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). APPLICABLE REVIEW CRITERIA: ORS 457.095; Tigard Comprehensive Plan Policies. STAFF REPORT No challenge of Planning Commission for bias or conflict of interest. No ex parte contact reported. No challenge of jurisdiction of Planning Commission. Planning Manager Duane Roberts summarized staff report on behalf of the city. Displayed map (Exhibit A) of Proposed Urban Renewal Area Boundary. Presentation by Applicant Represented by Jeff Tashman, as consultant to the City of Tigard, 6585 SW Park Hill drive Portland, 97239 Tashman noted that most commissioners were present for the development agency and planning commission meeting last week, where a number of issues around the plan were reviewed. He then gave an abbreviated summary of plan. Urban Renewal Plan is an implementation process including a financing mechanism. Noted this particular plan does not authorize condemnation or --immanent domain for any purpose. Condemnation might occur within the area but would be through a different process. PLANNING COMMISSION MEETING MINUTES - October 31, 2005 - Page 2 Tashman commented to the staff report on the following items. On page 8 in paragraph 6 it indicates that the plan is economically sound and feasible , this actually is a finding the city council will have to make. Plan proposes twenty-two million as the maximum amount of indebtedness. There is no allowance for exceeding this amount without the development agency going through entire process again. Also there are a couple of references to components of downtown plan in the staff report that are not part of the Urban Renewal plan. In paragraph 3 on page 8 the 3rd sentence regarding short term incremental implementation strategy is not part of urban renewal plan but I believe of the downtown plan. The last sentence in paragraph 6 on page 8 mentions a Funding Strategy Technical Mem-orandurr-.- There is an Urban Renewal Report that contains information analogous to this but it is not specifically a funding strategy technical memorandum. Outlined that this is a part of multi pronged effort to revitalize the downtown. Of which, the Urban Renewal Plan is only one part of that process, primarily a financing and implementation tool. Commissioner Buehner commented that she did not think the plan stresses that it is a financing tool adequately. People believe plan does projects versus financial process. Tashman commented that there is one aspect of the plan that is different is that the plan does propose programs to provide help for land owners to redevelop both financially & technically, in addition to existing programs. Commissioner Buehner asked if we have we proposed enough funds as "carrots" to businesses? Tashman responded that the plan and report is just a snapshot. Funding would be an ongoing budget process. Revenues & expenditures are not expected to be exact, the report is to present the idea. No funds allocated for acquisition of land at this point. Do not expect total funding of plan to change going forward but money may be reallocated differently than as outlined in the report. The plan must be flexible. Commission Buehner noted it was indicated that the numbers in the report are not binding. That the report was created as background for the plan and not necessarily reality. Tashman discussed how the plan can't be as specific as in past times must be more flexible. The City Council must address issues in statues, such as the urban renewal area that is "blighted", the report covers items of this nature. The City Council must also make a finding that the plan is economically sound and feasible which is why the report includes revenue and expenditure projections. The report is technical appendix to plan. Commissioner Meads inquired if other financing had been considered. Tashman discussed with commission that typically urban renewal uses a combination of long term debt such as bonds pledging future revenues and property taxes produced by growth in Urban Renewal district over the value as it is today. PLANNING COMMISSION MEETING MINUTES - October 31, 2005 - Page 3 a Another form might be The City of Tigard providing funding then Urban Renewal Agency reimburses the city. All borrowing is included in 22 million cap and is of a conservative not speculative nature. PUBLIC TESTIMONY - IN FAVOR Roger Potthoff, 11710 SW Ann Street, Tigard, OR 97223 also has a business at 11510 SW Pacific Highway in Tigard. Noted he submitted a written memo (Exhibit B) that was given to commissioners earlier. Would like Planning Commission to recommend plan to City Council. Noted that properties recommended to be added to the original plan area by the City Center Advisory Commission makes the project financially feasible. Hall Blvd. and Highway 99 is a critical commercial area that is underutilized. States that this area is the economic engine for this project. Strongly in favor of expanded boundary. Mike Marr, 4702 Lamont Ct., Lake Grove, OR. Address on sign up sheet is listed as 12420 SW Main St, Tigard, OR 97223 - one of his properties. He has a couple businesses in Tigard. Encourages adoption of the Urban Renewal Plan. Commented that this is a vehicle that would allow downtown to move forward. Has disagreements with some technical issues but believes these items can be worked out for the betterment of Tigard. Suzanne Gallagher - 13547 SW Mountain Ridge Court, Tigard, OR 97224. She encourages the commission to embrace this plan and recommend it to City Council. Believes Tigard needs involvement with small, medium & large developers. Discussed that boundary expansion is very important. The most visible gateway into Tigard is the intersection of 217 & 99W. Then you cross 217 and enter Tigard at the heart of the city, Main Street. This area is the welcome mat of Tigard. Has spoken with many citizens that are excited about this area being improved. Discussed that with the boundary expansion large developers will be attracted to the area and that such developers want prime, signalized, high visibility property. These developers will then' help to start funding of the plan. Commissioner Caffall asked Suzanne if she know if the committee had any input from specific businesses within boundary about how they see the future. Suzanne noted that there was very little negative response which was of some surprise to the committee. PUBLIC TESTIMONY - IN OPPOSITION None QUESTIONS OF STAFF/APPLICANT. Commissioner Meads asked what happens if repayment of bonds etc. falls short? Discussion of the process that lenders would go through before approval of lending and risks of natural disasters or downturn in economy. PLANNING COMMISSION MEETING MINUTES - October 31, 2005 - Page 4 President Padgett understands that if this passes then assessed rates in UR .district are frozen. How long do they stay frozen? Tashman explained the Washington County Assessor will calculate existing value in entire district for fiscal year 06-07. In subsequent years if property has increased then property tax increases go to the urban renewal district. This stays in place until all debt incurred by urban renewal district is paid off. President Padgett noted increases as noted above would go to the urban renewal district not service providers. As cost of service provision goes up could a case be made that those outside the urban renewal district then subsidizes the services provided to those within the boundary? Tashman noted the charter speaks to this issue and that is one of the reasons why an election is required. Discussed positive impact to city of having Urban Renewal District where it is promoting development and increases in property values within the area. Further discussion of projections shown in the table on page 31 in the report. Commissioner Buehner started discussion regarding if the impact to Washington County is the same by other cities (within the county) with urban renewal districts. Tashman explained how school district would be affected by the Urban Renewal District. Commissioner Meads questioned why there hasn't been much development in Tigard? Tashman noted several points including suburban development being very tied to traffic counts and visibility. Indicated the main reason is traffic having a lack of visibility of businesses. Another issue would be the size of parcels on Main Street are generally smaller. Discussion of how access would change and improve with the urban renewal district including downtown improvements to Hall/99W, Hall, Greenburg and Scoffins. It was noted that the change in the boundary to north of 99 would result in taking traffic off 99W. Which means some state funding from ODOT may be available to, the county. Commissioner Duling asked if there are residents in expanded area and how they would be impacted. Tashman noted that some residents on east side petitioned to be included. Most of the area is zoned commercial except for section east of Hall. Discussion that developers are interested but will not pledge to build until we are farther along in process. Commissioner Buehner brought up concern by Russ Chevrolet that they will lose property to Hall Blvd. and Hwy 99 expansion. PLANNING COMMISSION MEETING MINUTES - October 31, 2005 - Page 5 Duane Roberts noted that a meeting was held to answer questions for those newly included in the expanded boundary. There is some concern from those along Center Street about displacement because of CIP improvements. Discussion of wording of motion and adding changes from joint meeting before going to City Council. President Padgett asked if there is any one in the audience that would like to comment on testimony. No response PUBLIC HEARING CLOSED Commissioner Caffall comments that he agrees that we need to make some changes to the existing city the way it stands. Feels we are heading in the right direction. Does not have any major concerns. We are at the point we should move forward. Commissioner Haack thinks this has been a prolonged process. Has no appreciable questions or concerns at this time. Commissioner Duling agrees that this is long overdue. Has been involved since the 80' and can't believe it has taken this long. Vice President Munro has found this a thoughtful collaborative process that will leverage Tigard for the next several decades. Fully supports decision. Commissioner Buehner notes that she is really excited about possibly of seeing area rejuvenated for locals and visitors. Commissioner Meads noted reservations about committing money & resources of city in current economic climate. Also concerned about interest of developers with Bridgeport & current Washington Square expansion. President Padgett discussed proposed Urban Renewal of Lincoln City area. Does not want to denigrate everyone's effort. However, while he thinks the basic plan is good but he is not in favor of tax increment funding. Will not vote for recommending plan to council based on that reason only. Commissioner Buehner moved to make a recommendation to City Council to approve the plan case number MIS2005-00017 as presented based on the staff report, testimony heard this evening, proposed amendments to be included by the city attorney as discussed this evening and changes discussed at the joint meeting between the Planning Commission and City Council held on October 18th but not yet included in the text before us this evening. Vice President Munro seconded the motion. The motion passed with a vote of 4 to 2 with one abstention. Commissioners Buehner, Duling, Haack, and Munro voted in favor; Commissioners Padgett and Meads voted in opposition; Commissioner Caffall abstained. 6. OTHER BUSINESS None PLANNING COMMISSION MEETING MINUTES - October 31, 2005 - Page 6 7. ADJOURNMENT The meeting adjourned at 8:30 PM. Bethany Stewart, Pla rung o mission Secretary ATTES Presid t Mark Padgett PLANNING COMMISSION MEETING MINUTES - October 31, 2005 - Page 7 It r v i _ ysri 11-~ ~ ~,FA 1• 3 cs'~ t4, i t.A~ Vl {{Vtt_" •.t~ 1 141 ~ rr '}✓,~iu ~ ,1 Y• 1 Proposed Urban Renewal Area City of Tigard ® Proposed UR Boundary Oregon o 245 490 980 Feet c-s"Phy: Ca Ity D'WbmwW O.d-2005 S ftt COY nfTISWd Wk0bWm Camay. MM ROGER POTrHOFF P.O. Box 23968 Portland, OR 97281 MEMO (503) 989-3846 office (503) 213-5878 fax roger.potthoff@verizon.net To: Barbara Shields From: Roger Potthoff Subject: Tigard Urban Renewal Plan - Additional Questions Date: October 31, 2005 In follow-up to our discussion on Friday (10/28/05), 1 am providing you with some questions that I believe are relevant, if not critical, to the upcoming decision(s) 'facing the Planning Commission, the City Council, and ultimately Tigard voters regarding the Tigard Urban Renewal Plan. I recognize that I may be raising these questions at an inconvenient point in the process, but I hope it is not too troubling, as we all want to move forward with this Urban Renewal Plan. But I believe that critical questions may have escaped the scrutiny of the CCAC. If critical questions have not been addressed, I think it is/was because of the compressed time frame in which the CCAC was working to make its recommendation to the Planning Commission and City Council. Compounding this time factor, an inordinate amount of time was devoted to the Urban Renewal Area boundary issue. In any case I now raise two other issues that I believe are no less important than the boundary, Le (i) the sufficiency of the Urban Renewal Plan budget to accomplish what the plan calls for in terms of public improvements and facilitating private investment, and (ii) the opportunity or necessity of coordinating certain Tigard renewal projects-with improvements planned by other units of government, such as Washington County, Metro and the ODOT. The issues that I believe we need to bring further clarification to in recommending this Urban Renewal Plan to the Planning Commission are as follows: 1. The Urban Renewal Plan, states explicitly (Sec.Vll, Subsection "A" appearing on p. 29 of the draft dated 10/10/2005) that: "The Plan authorizes the acquisition of any interest in property within the Area, including fee simple interest, to support private redevelopment, only in those cases where the property owner wishes to convey such interests to the Agency. The Plan does not authorize use of the power of eminent domain to acquire property for private redevelopment. . . . Property acquisition. from willing sellers may be required to support development of retail, office, housing and mixed use projects within the Area." J Memo to Barbara Shields Tigard Urban Renewal Plan October 31, 2005 Page 2 Furthermore, the "Report Accompanying the Draft City Center Urban Renewal Plan", prepared by Tashman Johnson LLC, et at and dated 10/15/2005, makes reference in Section VI, page 24, to "The Estimated Total Cost of Each Project and the Sources of Moneys to Pay Such Costs", citing Tables 9 and 10 of the Report , pp. 25-29. The line item entitled "Property Acquistion - From Willing Sellers" includes no money (ZERO!). Thus the questions on this issue are: 1(a). What conclusion are we to draw from the fact that Table 9 of the Report on the Plan, which appears to be a part of the overall economic pro forma for the Plan, includes no funds to facilitate/supplement negotiations between property owners, as prospective sellers, and those seeking to develop retail, housing and mixed use projects within the Area, as prospective buyers? 1(b). If: (i) Tigard does not have "the stick" of eminent domain or even the threat of its use, as commonly applied by local governments in Oregon and around the country, to move urban renewal plans forward; and (ii) Tigard's Urban Renewal Plan pro forma provides no funds for property acquisition, i.e. "a carrot" or bunch thereof, to induce property owners to become "willing sellers" and to induce private developers to become "willing buyers", have we not grossly understated the costs of successfully implementing this plan? 1(c). Is it accurate to predict that if the City of Tigard fails to induce property owners to sell or redevelop their own property, leaving the Plan Area lacking in private investment and re-development, then there is not going to be a sufficient increase in the tax base to within the Urban Renewal District to capture a sufficient incremental difference over the current tax bases to cover the cost of the planned public projects and make any substantial impact on improving property and the tax base for Tigard long term? 2. Given that the improvement projects contemplated in Tigard's proposed Urban Renewal Plan include projects are closely aligned with, or may be impacted significantly by other public improvement projects that are controlled and funded by other units of government, such as Washington County, Metro, ODOT, etc., it would seem reasonable and prudent to make clear in the Plan the resolve of Tigard to- coordinate (or not) with such other governmental authorities in regard to the implementation of separate project agendas. Memo to Barbara Shields Tigard Urban Renewal Plan October 31, 2005 Page 3 Thus the questions on this issue are: 2(a). What are the other projects that are scheduled or proposed by other units of government that reasonably appear to have the potential to impact on Tigard's Plan? 2(b). Is it possible for Tigard Staff or the consultant(s) to provide a brief summary description of each of the projects identified in answer to the above question? (Could that summary include: (i) information as to purpose, location, funding and timing; (ii) the governmental entity responsible for the project; (iii) the likely impact of upon the Tigard Plan and Tigard residents; (iv) what efforts at coordination have been made or are recommended?) However inconvenient this memo may be, I hope that it will be helpful to our overall mission. Roger Potthoff CCAC Member at Large ATTACHMENT 7 CITY OF TIGARD, OREGON ORDINANCE NO. 05- AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS WHEREAS, after a lengthy public process with numerous opportunities for public input and comment, the City Center Urban Renewal Plan (the "Plan") and Report Accompanying the City Center Urban Renewal Plan (the "Report") have been prepared; WHEREAS, the Plan and Report were originally prepared at the direction of the City Center Development Agency; WHEREAS, the Planning Commission, after a public hearing, recommended approval of the Plan and Report, with minor modifications; WHEREAS, the City has consulted and conferred with taxing districts that may be affected by adoption of the Plan and has received no written recommendations from a governing body of any of the districts; WHEREAS, the City Council held a public hearing on November 22, 2005, to receive comments on the Plan and Report; WHEREAS, the City has complied with all notice and hearing requirements and the City Council has carefully considered all comments relating to the Plan and Report. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council adopts the City Center Urban Renewal Plan attached hereto as Exhibit A, based on the Report Accompanying the City Center Urban Renewal Plan attached hereto as Exhibit B. SECTION 2: The City Center Urban Renewal Plan shall be submitted to the voters of the City for their consideration. A ballot title resolution shall be considered by the Council. SECTION 3: The adoption of the Plan under Section 1 shall have no effect unless and until the voters of the City approve adoption of the Plan. SECTION 4: If the Plan is adopted by the voters, the City shall assume and complete any and all activities required of it by the Plan; SECTION 5: The Council adopts the determinations and findings attached hereto as Exhibit C. The Council further adopts the Report and Section VI of the Plan as findings. The Council also adopts Section IV of the Staff Report to Council as additional findings, attached here as Exhibit D. SECTION 6: 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 12005. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2005. Craig Dirksen, Mayor Approved as to form: City Attorney Date: a v CITY OF TIGARD, OREGON RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT WHEREAS, a duly noticed public hearing was held on November 22, 2005, to receive public input on the proposed adoption of the City Center Urban Renewal Plan; and WHEREAS, the City Council, has considered the comments of other taxing districts, the recommendation of the Planning Commission, and the comments provided at and before the public hearing; and has decided to submit the City Center Urban Renewal Plan to the voters for their approval; and WHEREAS, the City Council has adopted an ordinance approving the City Center Urban Renewal Plan, subject to voter approval; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard for the purpose of submitting to the legal voters the following question: Shall the City Center Urban Renewal Plan, including the tax increment financing of public improvements, be adopted? SECTION 2: Tuesday, May 16, 2006, is hereby designated as the date for holding the election for the purpose of voting on the measure as stated in the above paragraph. SECTION 3: The election will be conducted by the Washington County Elections Department. SECTION 4: The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Tigard. SECTION 5: The ballot title to appear on the ballots shall be: CAPTION Adoption of City Center Urban Renewal Plan. RESOLUTION NO. 05 - Page 1 QUESTION Shall the City Center Urban Renewal Plan, including the tax increment financing of transportation and other improvements, be adopted? SUMMARY The City Center Urban Renewal Plan provides for improving transportation, and other public facilities in the City Center area, which generally includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard and east of Fanno Creek,. The projects proposed by the Plan would be financed in part by tax increment financing. Tax increment financing allocates the property taxes on any increases in total property value in the Urban Renewal Area to the Tigard City Center Development Agency (the Urban Renewal Agency), which then repays indebtedness incurred to finance Plan projects. The maximum indebtedness under the plan is $22 million. SECTION 6: The Council adopts the Explanatory Statement for the measure that is attached to this Resolution (Exhibit A). SECTION 7: The City Recorder and other staff shall take all necessary steps to effectuate this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of , 2005. Craig Dirksen, Mayor ATTEST: Catherine Wheatley, City Recorder RESOLUTION NO. 05 - Page 2 EXHIBIt.$ EXPLANATORY STATEMENT This measure, if approved, would adopt the City Center Urban Renewal Plan, including a provision to finance urban renewal projects through tax increment financing. The urban renewal area covered by the Plan includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. The Plan and the Urban Renewal Report which provides information about the Plan are available at city hall and at www.tigard-or.gov. Projects included in the Plan include: Street improvements: Ash Avenue Scoffins/Hall/Hunziker intersection Hall/99W intersection Greenburg Road/99W intersection Burnham Street Center Street Streetscape (landscaping, street trees, street furniture) Main Street Burnham Street Commercial Street Ash Avenue Scoffins Road Center Street Bike/Pedestrian improvements Commuter rail access Hall Boulevard Scoffins Street Tigard Street 99W Center Street Fanno Creek Pedestrian bridge North Rail Corridor Tigard/Grant intersection Park Improvements Fanno Creek Park Skateboard Park Public Spaces Green corridor/urban creek Plazas Urban green spaces Public market Public buildings Performing arts center Public parking Public market area Post office relocation Public restrooms The Plan calls for tax increment financing. Under tax increment financing, property taxes are divided into two parts. Taxes on the value of the urban renewal area as of the date a plan is initiated are paid to the county, city, and other taxing districts in the normal way taxes are apportioned. The taxes on any increase in the total assessed value of the urban renewal area after initiation of the plan are paid to the Urban Renewal Agency, to be used to repay indebtedness incurred to pay for plan projects. The tax increment financing would not have an effect on permanent tax rates, it will likely result in a very small increase in rates to repay bonded indebtedness approved by voters before October 6, 2001. If the measure is approved, the County, City and other taxing districts would continue to receive taxes on the current total value of all property within the urban renewal area but would not receive taxes paid on the increase in assessed value, including the maximum of 3% annual increase in taxable assessed value for most existing properties or increases due to improvements to property. When the tax increment financing of the Plan ends, it is expected that total property values in the Plan area would exceed what they would have been without the Plan, thereby providing increased revenue to all taxing districts. EXHIBIT.., DRAFT CITY CENTER URBAN RENEWAL PLAN November 8, 2005 Tashman Johnson LLC Cascade Economic Planning SERA Architects Urban Land Economics Jeannette Launer, Attorney LIST OF PARTICIPANTS City Center Advisory Committee Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Planning Director Duane Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mosca, Cascade Economic Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette Launer, Attorney TABLE OF CONTENTS 1. Introduction ....................................................................................................................................1 II. Goals and Objectives ......................................................................................................................1 III. Outline of Projects ..........................................................................................................................3 IV. Map and Legal Description of Urban Renewal Area ..................................................................4 V. Urban Renewal Projects ................................................................................................................9 A. Street Improvements ..................................................................................................................9 B. Streetscape Improvements I l C. Bike/Pedestrian Facilities ........................................................................................................13 D. Parks ........................................................................................................................................15 E. Public Spaces ...........................................................................................................................16 F. Public Facilities .......................................................................................................................18 G. Planning and Development Assistance 20 VI. Relationship to Local Objectives .................................................................................................20 A. City of Tigard Community Development Code 21 B. Tigard Comprehensive Plan Goals and Policies ...............................................:.....................21 C. Transportation System Plan Goals and Policies ......................................................................27 D. City of Tigard Park System Master Plan .................................................................................29 E. Tigard Downtown Improvement Plan .....................................................................................30 VII. Proposed Land Uses .....................................................................................................................30 A. Central Business District .........................................................................................................30 B. General Commercial ...............................................................................................................31 C. Professional Commercial ........................................................................................................31 D. R-4.5 Low-Density Residential District ..................................................................................31 E. R- 12 Medium-Density Residential District .............................................................................32 F. R-24 Medium High-Density Residential District ....................................................................32 VIII. Property Acquisition and Disposition .........................................................................................32 A. Property Acquisition - From Willing Sellers ..........................................................................32 B. Land Disposition 33 IX. Relocation Methods ......................................................................................................................33 X. Tax Increment Financing of Plan ................................................................................................33 A. General Description of the Proposed Financing Methods 34 B. Tax Increment Financing and Maximum Indebtedness ..........................................................34 C. Prior Indebtedness ...................................................................................................................34 D. Impact of Tax Increment Financing on Public Schools 34 XI. Duration of Plan ...........................................................................................................................35 XII. Future Amendments to Plan ........................................................................................................35 A. Substantial Amendments Requiring Voter Approval ..............................................................35 B. Substantial Amendments Not Requiring Voter Approval .......................................................35 C. Council Approved Amendments .............................................................................................35 D. Minor Amendments 36 E. Amendments to the City of Tigard Comprehensive Plan and/or Development Code 36 DRAFT CITY CENTER URBAN RENEWAL PLAN 1. INTRODUCTION The City Center Urban Renewal Plan (the "Plan") contains goals, objectives and projects for the revitalization of the City Center Urban Renewal Area (the "Area"). The Area, shown in Figure 1, is predominantly zoned for commercial use, encompassing lands in Tigard's Central Business District, General Commercial District and Professional Commercial District. In addition to commercial lands, residential property on the east side of Hall Boulevard and adjacent to Fanno Creek is located within the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High-Density Residential District. Under existing conditions, the Area is underdeveloped and lacks the mix of high quality commercial, office, residential and public uses suitable for the City's Central Business District. Information regarding conditions in the Area is provided in the Report accompanying the Plan (the "Report"). The purpose of the Plan is to use the tools provided by urban renewal to attract private investment and facilitate the Area's redevelopment. These tools include tax increment financing (see Section X), which generally means that the property taxes resulting from growth in property value within the Area can be used to finance improvement projects and programs. Urban renewal also allows for the Agency purchase of land from willing sellers and subsequent Agency sale for redevelopment as part of a public/private development partnership. The Plan is administered by the City Center Development Agency ("Agency") which was established by the City Council of the City of Tigard as the City's Urban Renewal Agency. The Plan may be changed in the future, under the provisions of Chapter XII. The Plan has a duration of 20 years (see Chapter XI), meaning that no new debt will be incurred after Fiscal Year 2025/2026. The maximum amount of indebtedness (amount of tax increment financing for projects and programs) that may be issued for the Plan is Twenty-Two Million Dollars and No Cents ($22,000,000). II. GOALS AND OBJECTIVES The goals of the Plan represent its basic purposes. The objectives for each goal generally illustrate how the goals are to be achieved. The urban renewal projects called for in Chapter IV of the Plan are the specific means of meeting the objectives. Goal 1: Revitalization of the Downtown should recognize the value of natural resources as amenities and as contributing to the special sense of place. Objectives: IA: Integrate open space and landscaping elements into the design and development of public improvement projects identified in the Plan to create a livable environment and provide opportunities for multimodal recreational use. City of Tigard 1 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 1B: Minimize the impact of public improvements and facilities projects on the natural environment through the integration of appropriate protective measures and mitigation strategies. Goal 2: Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development. Objectives: 2A: Support the development of transit-oriented residential, commercial, employment and recreational uses in the Central Business District that will benefit from and support commuter rail. 213: Implement pedestrian and bicycle system improvements that will enhance connectivity between downtown and surrounding residential and commercial areas. Goal 3: Downtown's transportation system should be multi-modal, connecting people, places and activities safely and conveniently. Objectives: 3A: Design and construct street improvements as consistent with the Tigard Downtown Improvement Plan and the Tigard Transportation System Plan. 313: Concurrent with proposed street improvements, and in conformance with the Tigard Transportation System Plan (TSP), provide bike lanes, sidewalks, pedestrian crossings and other pedestrian and bicycle facilities that promote multimodal usage, access and safety. Goal 4: Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Objectives: 4A: Promote pedestrian-oriented, human-scale development in the Central Business District. 413: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. 4C: Provide pedestrian-oriented streetscape improvements, including street trees, street furniture, planters and other landscape enhancements, that will create a safe and visually appealing destination for pedestrians. City of Tigard 2 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Goal 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. 5A: Provide development incentives and technical assistance programs that encourage business and property owners to develop projects that are consistent with the Tigard Downtown Improvement Plan vision and the Tigard Comprehensive Plan. 513: Support the transition of existing nonconforming businesses from downtown to more suitable locations within the City of Tigard. III. OUTLINE OF PROJECTS The Plan identifies transportation projects, including street improvements, streetscape improvements and bicycle/pedestrian facilities improvements, which will increase multimodal connectivity throughout the Area and make downtown Tigard a safer and more accessible destination. The Plan also includes Parks, Public Spaces and Public Facilities projects that will beautify the Area, increase neighborhood livability and provide opportunities for residents, visitors and downtown workers to participate in a wide range of community and recreational activities. Planning and Development Assistance Programs identified in the Plan will facilitate the development, redevelopment and rehabilitation of private property in the Area. The programs will encourage Area business and property owners to invest in projects that will increase the economic vitality of downtown Tigard and support the goals and objectives of the Tigard Downtown Plan and the City's Comprehensive Plan. City of Tigard 3 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN IV. MAP AND LEGAL DESCRIPTION OF URBAN RENEWAL AREA Figure 1. shows the urban renewal area boundaries. Exhibit A is a legal description of the Area. 217 uN Ji ~ ~ 1 {l \ lie tel. h 9 fah i yam/ Urban Renewal Area Total Area: 193.71 acres Taxldt Area: 144.14 acres - ROW Area: 49.57 acres Aggregate Total RMV: $109.365.720 OMARA o iv ~ wo /ao .o.._ew l"M aMARA. r•w IeWon Mnepn ~RCOO40 U'OOn PWNMOINOO 4M.C 0,.,.._,.....,., City Center Urban Renewal Plan mspry nooorasmm S,"~ RA -.11- T9ard.OR c'".0 0 ® w.sW- N tme A0r y Cuir~teau Proposed Urban Renewal Area Q 4-C- r W.« Figure 1: Tigard City Center Urban Renewal Area City of Tigard 4 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN EXHIBIT A CITY CENTER URBAN RENEWAL AREA LEGAL DESCRIPTION A tract of land in Section 35 Township 1 South, Range 1 West and Sections 1 and 2 Township 2 South, Range 1 West Willamette Meridian City of Tigard, Washington County, Oregon. Described as follows: Beginning at the intersection of the southerly right-of-way of SW Greenburg Road with the southeast line of the John L. Hinklin DLC; thence N 07° 41' 55" W a distance of 100.77 feet to the north right-of-way of SW Greenburg Road; thence N 10° 32' 02" E a distance of 419.98 feet; thence S 88° 04' 51" E a distance of 168.91 feet; thence N 46° 34' 35" E a distance of 73.95 feet; thence S 85° 47' 11 E a distance of 190.07 feet; S 02° 45' 30" W a distance of 72.32 feet; thence N 75° 18' 06" E a distance of 36.45 feet; thence N 46° 48' 53" E a distance of 173.62 feet; thence N 64° 02" 12" E a distance of 177.40 feet to the westerly right-of-way of SW Hall Blvd.; thence N 36° 35' 04" E a distance of 83.84 feet to the easterly right-of-way of SW Hall Blvd.; thence N 64° 3 P 19" E a distance of 148.06 feet; thence S 26° 03' 02" E a distance of 160.00 feet; thence N 64° 17' 30" E 148.04 feet to the southerly right-of-way of Highway 217; thence S 35° 21' 18" E, along said highway, a distance of 171.44 feet; thence S 42° 33' 04" E, along said right-of-way, a distance of 99.48 feet; thence S 26° 55' 45" E, along said right-of-way, a distance of 225.54 feet to the northerly right of way of Highway 99 W; thence S 33° 05' 43" E, to the southerly right-of-way of Highway 99w and the west line of Highway 217 a distance of 127.63 feet ; thence S 18° 46' 14" E, along said right-of-way, a distance of 123.73 feet; thence S 64° 26' 56" W, leaving said westerly right-of-way, a distance of 201.24 feet; thence S 13° 32' 43" E a dist of 556.39 to the southeast corner of Lot 6 Tigard Road Gardens; thence S 84° 37' 29" W, along the south line of said lot 6, a distance of 373.00 feet to a point of a curve to the left; thence with a radius of 120.00 feet, a central angle of 83°23' 49" ( chord which bears S 42° 55' 35" W, 159.65 feet) and a length of 174.67 feet to a point of reversing curve to the right; thence along said curve to the right with a radius of 30.00 feet, a central angle of 86° 27' 32" ( a chord which bears S 44° 27' 26" W, 41.10 feet) and a length of 45.27 feet and a point of compound curve to the right; thence along said curve to the right with a radius of 25.00 feet, a central angle of 53° 07' 30" (a chord which bears N 65° 45' 03" W, 22.36 feet) and a length of 23.18 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 43'. 38" E, along said easterly line, a distance of 106.19 feet; thence S 00° 14' 13" W, a long said easterly right-of-way, a distance of 44.40 feet to the southwest corner of lot 3 Crow Park 217; thence S 79° 08' 55" E, along the southerly line of Crow Park 217, a distance of 158.56 feet to the northeast corner of lot 1 Knoll Acres; thence S 00° 30' 13" W, along the easterly line of lots 1, 2, 3, & 4 Knoll Acres, a distance of 407.30 feet to the northeast corner of lot 5 Knoll Acres; thence S 30° 16' 07" W, along the easterly line of said lot 5, a distance of 149.79 feet to the northerly right-of-way of SW Hunziker Street; thence S 51° 07' 28" W a distance of 78.45 feet to the intersection of the southerly right-of-way of SW Hunziker Street with the easterly right-of- way of SW Hall Blvd.; thence N 89° 17' 28" W a distance of 54.18 feet to the center line of SW Hall Blvd; thence along the center line of SW Hall Blvd. the following 9 courses; thence S 00° 42' 32" W a distance of 143.71 feet to a point of curve of a curve to the right; thence along said City of Tigard 5 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN curve to the right with a radius of 163.70 feet, a central angle of 44° 01' 33" (a chord which bears S 22° 43' 19" W, 122.71 feet) and a length of 125.79 feet to a point of tangency; thence S 44° 44' 05" W a distance of 455.02 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 179.05 feet, a central angle of 42° 08' 24" (a chord which bears S 23° 39' 53" W, 128.74 feet) and a length of 131.69 feet to a point of tangency; thence S 02° 35' 41" W a distance of 510.56 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 190.99 feet, a central angle of 40° 59' 58" (a chord which bears S 17° 54' 18" E, 133.77 feet) and a length of 136.67 feet to a point of tangency; thence S 38° 24' 17" ea distance of 62.89 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 190.99 feet, a central angle of 40° 07' 28" (a chord which bears S 18° 20' 33" W, 131.03 feet) and a length of 133.75 feet to a point of tangency; thence S 01 ° 43' 11" W a distance of 704.79 feet; thence N 88° 16' 45" W a distance of 35.01 feet to the northeast corner of parcel 1 Partition Plat 1992-069 on the westerly right-of-way of SW Hall Blvd; thence along the northerly and westerly lines of said Partition Plat the following 7 courses; thence N 19° 59' 47" W a distance of 36.96 feet; thence N 77° 33' 03" W a distance of 39.55 feet; thence N 68° 35' 31" W a distance of 63.16 feet; thence S 89° 17' 05" W a distance of 56.25 feet; thence N 81 ° 13' 33" W a distance of 92.73 feet; thence S 36° 40' 28" W a distance of 116.84 feet; thence S 57° 58' 03" W a distance of 43.20 feet; thence N 77° 47' 58" W a distance of 110.95 feet; thence S 02° 30' 20",W a distance of 422.27 feet to the northerly right-of-way of SW Omara Street; thence N 87° 45' 14" W, along the northerly right-of-way, a distance of 19.65 feet; thence S 03° 57' 44" W, along the westerly right-of-way of SW Omara Street a distance of 24.61 feet and a point on a non-tangent curve to the right; thence along said curve to the right with a radius of 145.90, a central angle of 67° 12' 06" (a chord which bears N 28° 27' 10" W, 161.48 feet) and a length of 171.12 feet to a point of tangency; thence°N 05° 09' 15" E a distance of 10.48 feet; thence N 87° 56' 13" W a distance of 189.71 feet to the west line of Chelsea Hill; thence N 05° 09' 16" E, along the easterly line of Chelsea Hill a distance of 219.78 feet to the northeast corner of lot 10 Chelsea Hill; thence N 64° 24' 41" W, along the northerly line of said lot 10, a distance of 74.22 feet to the northwest corner of said lot 10; thence S 49° 33' 17" W, along the westerly line of said lot 10, a distance of 89.36 feet to the south west corner of said lot 10 and a point on a non-tangent curve to the left; thence along said curve to the left with a radius of 140.02, a central angle of 73° 14' 45" (a chord which bears N 77° 04' 28" W, 167.06 feet) and a length of 179.00 feet to the southeast corner of lot 27 Chelsea Hill; thence N 60° 54' 15" W, along the easterly line of said lot 27, a distance of 149.70 feet to the northeast corner; thence S 76° 32' 45" W, along the northerly line of lots 27 and 28 Chelsea Hill, a distance of 90.00 feet to the north west corner of said lot 27 being on the northerly line of Chelsea Hill No. 2; thence N 41° 41' 53" W a distance of 365.61 feet to the southeasterly line of Duck Creek Homes; thence along the southeasterly and the northeasterly line of Duck Creek Homes the following 5 courses; thence N 44° 27' 43" E a distance of 50.76 feet; thence N 25° 06' 01" W a distance of 73.15 feet; thence N 05° 03' 58" E a distance of 40.00 feet; thence N 66° 13' 57" E a distance of 18.50 feet; thence N 42° 08' 14" W a distance of 112.77 feet to the northwest corner of Duck Creek Homes; thence N 44° 28' 11" E a distance of 20.61 feet; thence N 45° 37' 33" W a distance of 323.71 feet to the southeasterly right-of-way of SW Ash Avenue; thence N 03° 24' 44" W a distance of 64.23 feet to the northwesterly right-of-way of SW Ash Avenue; thence N 46° 00' 02" W a distance of 8.89 feet; thence N 11° 23' 27" W a distance of 37.80 feet; thence N 06° 58' 17" E a distance of 66.77 feet; thence N 62°21' 40" E a distance of 74.94 feet; thence N 55° 04' 27" E a distance of 20.96 feet; thence N 68° 32' 03" City of Tigard 6 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E a distance of 128.64 feet; thence N 04° 48' 15" W a distance of 20.53 feet; thence N 31 ° 55' 15" W a distance of 45.87 feet; thence N 04° 49' 50" W a distance of 29.66 feet; thence N 25° 58' 07" W a distance of 38.51 feet; thence N 35° 25' 15" W a distance of 26.85 feet; thence NO1 ° 13' 41" W a distance of 56.21 feet; thence S 89° 56' 27"W a distance of 153.15 feet; thence S 00° 17' 37" W a distance of 58.36 feet; thence S 87° 16' 18" W a distance of 8.11 feet; thence N 29° 58' 44" W a distance of 32.03 feet; thence S 60° 43' 26" W a distance of 121.23 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 5.74, a central angle of 119° 19' 37" (a chord which bears N 59° 21' 36" W, 9.91) and a length of 11.96 feet; thence N 09° 20' 42" W a distance of 21.71 feet; thence N 32° 36' 42" E a distance of 6.84 feet; thence N 54° 01' 22" E a distance of 125.98 feet; thence N 65° 45' 21" E a distance of 46.97 feet; thence N 37° 15' 37" E a distance of 31.16 feet; thence N 19° 47' 26" E a distance of 39.04 feet; thence N 50° 09' 42" E a distance of 30.34 feet; thence N 19° 52' 25" E a distance of 28.54 feet; thence N 00° 05' 29" E a distance of 12.05 feet; thence N 42° 39' 13" W a distance of 131.41 feet; thence N 50° 39' 11" W a distance of 42.13 feet; thence N 52° 46' 49" W a distance of 49.49 feet; thence S 76° 48' 05" W a distance of 122.38 feet; thence N 50° 23' 17" W a distance of 18.15 feet; thence N 12° 36' 16" W a distance of 15.14 feet; thence N 30° 33' 56" E a distance of 11.96 feet; thence N 73° 54' 00" E a distance of 160.89 feet; thence N 11 ° 50' 59" E a distance of 12.94 feet; thence N 08° 55' 19" W a distance of 49.31 feet; thence N 30° 48' 21" W a distance of 16.77 feet; thence N 42° 5 P 49" W a distance of 366.50 feet to the southeasterly right-of-way of SW Main Street; thence S 49° 56' 02" W, along the southeasterly right-of-way, a distance of 124.67 feet to a point of curve of a curve to the right; thence along said right-of-way and said curve to the right with a radius of 180.29 feet, a central angle of 19° 05' 45" (a chord which bears S 59° 28' 55" W, 59.81 feet) and a length of 60.09 feet; thence N 55° 27' 11" W a distance of 222.29 feet to the intersection point of the northwesterly right-of-way of HWY 99w with the northerly right-of-way of SW Johnson Street; thence along the northwesterly right-of-way of HWY 99w the following 7 courses; thence N 85° 54' 17" E a distance of 14.06 feet; thence N 47° 15' 44" E a distance of 127.51 feet; thence N 44° 08' 14" E a distance of 307.71 feet; thence N 07° 33' 33" W a distance of 27.78 feet; thence N 46° 23' 16" E a distance of 366.71 feet; thence N 49° 49' 08" E a distance of 29.37 feet; thence N 51 ° 23' 28" E a distance of 295.46 feet to the southerly right-of-way of SW Tigard Street; thence N 62° 37' 00" W, along the southerly right of way of SW Tigard Street, a distance of 20.82 feet; thence N 46° 55' 01" E, along the southerly right of way of SW Tigard Street, a distance of 11.00 feet to a point 20.00 feet south of the center line of SW Tigard Street; thence N 49° 55' 59" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 99.33•feet; thence N 62° 33' 24" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 820.72 feet to a point at the extension of the westerly right-of-way; thence N 36° 24' 01" E a distance of 240.58 feet to the point of intersection of the northerly right-of-way of SW Commercial Street, 30.00 feet from the center line of SW Commercial Street ( when measured at right angles), with the extension of the westerly right-of-way of SW 95th Ave; thence S 62° 32' 35" E, parallel with and 30.00 feet from the centerline of SW Commercial Street (when measured at right angels), a distance of 594.81 feet to the east right-of-way of SW Lincoln Avenue to a point on a curve to the left; thence along said curve to the left with a radius of 9.49 feet, a central angle of 100° 21' 02" (a chord which bears S 14° 53' 25" E, 14.57 feet; and a length of 16.61 feet to the northerly right-of-way of SW Commercial Street; thence S 61° 24' 10" E, along said northerly right-of-way, a distance of 187.19 feet; thence S 55° 1 P 17" E, City of Tigard 7 November 8, 2005 0 DRAFT CITY CENTER URBAN RENEWAL PLAN along said northerly right-of-way, a distance of 54.14 feet; thence S 51° 43' 30" E, along said northerly right-of-way, a distance of 153.60 feet to the southeast line of the John L. Hinklin DLC; thence N 46° 44' 38" E, along said Hinklin DLC line, a distance of 1204.91 feet to point of beginning. City of Tigard 8 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN V. URBAN RENEWAL PROJECTS Urban renewal projects authorized by the Plan are described below and shown in Figures 2 to 7. To preserve and enhance the Area's natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. A. Street Improvements Street Improvements projects are designed to improve multimodal circulation and connectivity within downtown Tigard. The projects will also facilitate access between downtown and adjacent residential, commercial and employment areas. To create a pedestrian environment that encourages active uses such as shopping, entertainment and commercial business activity, utilities may be under-grounded concurrent with street improvements. I . Ash Avenue Extension, Scoffins to Burnham, Including RR Crossing The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan. A new railroad crossing will be developed as part of the project. 2. Scoffins Street/Hall Boulevard/Hunziker Re-Alignment The re-alignment of the Scoffins Street/Hall Boulevard/Hunziker Road intersection is a project under the Plan. Currently, Scoffins Street and Hunziker are poorly aligned, which increases congestion and slows traffic at this three-way intersection. 3. Hall Blvd/Highway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard/Highway 99W are a project under the Plan. The acquisition of additional public right-of-way may be undertaken as part of the project, which will improve multimodal circulation and safety and reduce congestion at this major intersection, which serves as an important gateway to downtown. 4. Greenburg Road/Highway 99W Intersection Improvements The City has recently commissioned a study that will determine what improvements will be needed to reduce congestion and increase multimodal circulation at the intersection of Greenburg Road and Highway 99W. Tax increment revenues may be used to finance recommended intersection improvements. 5. Burnham Street Improvements The reconstruction and widening of Burnham Street is a project under the Plan. 6. Center Street Improvements Upgrades and improvements to Center Street are a project under the Plan. City of Tigard 9 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 1 r ~a V A. ShNt Improv*m*nt Project O Ash Avenue Extension 2 Scofllns ! Hall / Hun771:er Realignment ` O ' 3 Hotl/94W Intersection Improvements ® Greenburg / "W Intersection Improvements r J 5 Burnham Street Improvements OMARA I o Center Street Improvements ® In ,ao soo 7,50 © j r«r City Center Urban Renewal Plan 10 Proposed Urban Renewal Area City Han mrr~ 0 S RA T a u a. Tigard. OR Q trail transit Center %ancyIL Guittcnu Sheet Improvement Projects ® Uxary c~-Woterway eu enn.r cmn5 ' Park Figure 2: Urban Renewal Street Improvement Projects City of Tigard 10 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN B. Streetscape Improvements The Tigard Downtown Improvement Plan identifies landscaping features, street trees and street furniture as improvements that will enhance the physical appearance of downtown and attract a broader range of users, including shoppers, tourists and commercial employers. Streetscape improvements on the following streets in the downtown area are a Project under the Plan: 1. Main Street 2. Burnham Street 3. Commercial Street 4. Ash Avenue 5. Scoff ins Road 6. Center Street City of Tigard I 1 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN • i ~ O lykp U % ffy' ~ffCi ~*fI e , rr rt E. Strnshcape Improvement P roJwh O MdAStreet O Bonham Street ~ t r O Commercial Street © Ash Avenue O$ Scoitins Road r OMARA Center Streel o 1254 500 750 © OMAttA 0 City Center Urban Renewol Pion Proposed Urban Renewal Area City Holt S RA n w a{nR, Tigard, OR Q Transit Center trail SV-Y', Guinea" Streetscape Improvement Projech ®ut'fOty ware way be eex.cmors ~ • Park Figure 3: Urban Renewal Streetscape Improvement Projects City of Tigard 12 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN C. Bike/Pedestrian Facilities Bike/Pedestrian Facilities are designed to facilitate safe and convenient multimodal access throughout the Urban Renewal Area. 1. Commuter Rail Access The provision of pedestrian access to the proposed downtown Tigard commuter rail station from Burnham Street is a project under the Plan. 2. Hall Blvd. This project will increase pedestrian access and safety by eliminating gaps in the sidewalk on the east side of Hall Boulevard and repairing sidewalks and curbs on both sides of Hall Boulevard as needed. 3. Scoffins Street The installation of bicycle lanes and sidewalks on Scoffins Street, which currently lacks pedestrian and bicycle facilities, is a project under the Plan. 4. Tigard Street This project will provide a new bike lane on the south side of Tigard Street and upgrade the existing bike lane on the north side to standard. 5. Highway 99W The installation of contiguous sidewalks on both sides of Highway 99W and a grade-separated bicycle/pedestrian crossing at Greenburg Road to increase pedestrian and bicycle safety is a project under the Plan. 6. Center Street The provision of sidewalks and bicycle lanes on Center Street is a project under the Plan. 7. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Fanno Creek, connecting to Ash Avenue, is a project under the Plan. This project will facilitate access between residential neighborhoods west of Fanno Creek and downtown and will be designed to minimize impacts to sensitive areas and preserve wetlands buffers. 8. Conversion of Existing North Rail Corridor into a Multi-use Pedestrian Trail The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. This project will increase pedestrian access and provide new recreational opportunities for residents, workers and visitors to downtown. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features that will distinguish downtown Tigard from other communities by promoting sustainable development. City of Tigard 13 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN r, 9. Tigard Street/Grant Bicycle/Pedestrian Crossing The design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks is a project under the Plan. The crossing will facilitate circulation and access to downtown by non-motorized vehicles. Automobiles and other motorized vehicles will be prohibited. 217 \ Q I 5 C. tike and Nd-klon rocRd4s ; y-~ O COrn-I. ROk AC... O IMO Blvd. Pod "W- 1, O 9 SGOIIini 51. Bho /Pod C.Yxovomonlf C-1. St. wk. t Poll tnnrO-I, O J 5 Pod &It1rJO Ova ranno Goat © NOdn RON COrrkJOr Pod 1+d3 O Tigard IG,-I Pod Cros,bV CM4fA 1 O 2_t 0`~~000 IJO Ju ~ p CIN Center Urban ROnc+w01 fNOn ~ Prdno,ea Ulbnn ROnownl Mon 9~F Clly IMO t gord. OR $.%RA m+JS~+ 9 1-tit 1-tit conlor _rraa ~~Illr r/. ralfftQL LRIrOry .eu. wlll~way Bicycle and Pedestrian Projects rQ = Pte, Figure 4: Urban Renewal Bicycle/Pedestrian Projects City of Tigard 14 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN D. Parks 1. Fanno Creek Park Improvements Upgrades and improvements to Fanno Creek Park, as well as the preservation and restoration of environmentally sensitive areas, is a project under the Plan. 2. Skateboard Park The construction of a new skateboard park is a project under the Plan. The proposed location of the skateboard park is the City Hall parking lot. 4,0 1b 1 / e. Park impo.-na O Pannb Gaot Pwt ktyRpvomanb r' OMAR11 0 < < s» »0 O SYabbocna Park .y IV .e City Center Urban Renewal Plan Q Proposed Urban Ren-or Aran ~F Cur ".2 $ ~RA m.n,mn IIgard, OR G T-fl Caorar Trod ,rlUn Cuirltau rr d@nary "1'P`'r+rCm'aY aryso r✓ Park improvement Part Figure 5: Urban Renewal Parks Projects City of Tigard 15 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E. Public Spaces 1. Green Corridor/Urban Creek The development of a green corridor/urban creek that will extend from the intersection of Highway 99W and Hall Boulevard through downtown and to Fanno Creek in a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and other low impact stormwater conveyance/treatment features. 2. Plazas The design and construction of public plazas that will serve as public gathering spaces is a project under the Plan. This project will encourage a broader range of active and passive recreational uses in downtown and attract more residents and visitors to the area. 3. Urban Green Spaces The development of high quality urban green spaces suitable for a range of recreational uses is a project under the Plan. Similar to the plazas project, this project will increase the overall livability and attraction of the downtown area. The urban green space will be designed to promote the preservation and restoration of environmentally sensitive areas. 4. Public Market The design and development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. City of Tigard 16 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 17 dy~ I tea- l/ \ .P~,O ;1 • 1 ~ E. Public Space Improvements O Green Corridor / Urban Creek O Plazas (Exact Locations TBD) ? O Urban Groen Spaces iExoct Locations 161)1 \ i 1 O Public Market [Exact Location 1BD) OMARA o rss,sso r\ soo rw i iepr r ruvyew, sd.ew. is nw. 0. _ City Center Urban Renewal Plan Proposed Urban Renewal areo ~ city Has S,-?RA nrr. store Tigard, OR O Transit Center '~-Trail r~ Public Space Improvements ® Library caParkW atema A'Ql~'C41 y Figure 6: Urban Renewal Public Spaces Projects City of Tigard 17 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN F. Public Facilities The Plan includes the following public facilities. Prior to the expenditure of tax increment revenues for any of these projects, the Agency will be required to adopt a Minor Amendment to the Plan (as provided in Section XII) explaining how the facility serves or benefits the Area, and further stating the proportion of the benefits of these facilities that will accrue to the Area and finding that the amount of the expenditure is proportional to the amount of benefit to the Area. Design and development will be a part of all proposed public facilities projects identified in the Plan. 1. Performing Arts Center The design and construction of a performing arts center in downtown Tigard is a project under the Plan. This project, which is recommended in the Tigard Downtown Improvement Plan, will provide new entertainment and recreation opportunities that will attract residents and out-of-town visitors to downtown. 2. Public Parking Facilities The design and construction of new public parking facilities is a project under the Plan. As new shopping, recreational and entertainment uses, including the proposed performing arts center and public market, are established in the downtown area, new public parking facilities will be needed to accommodate the anticipated increase in parking demand. 3. Public Market Area The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. 4. Post Office Relocation The possible relocation of the existing downtown post office is a project under the Plan. 5. Public Restrooms The provision of public restrooms in public gathering spaces is a project under the Plan. City of Tigard 18 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN ` 21 j. J ' 00 05, r' ty n'. F. ►srblic Facilities • Performing Arts Center PutNC Poking Fac2ittes O PubOC Market Area (Exact Location 18D) o i o Post Oface Relocation t\ ` o Public Restrooms (Exact Locations TBD) OMAi► o rss uo `S wo rso s Fe.r s City Center Urbon Renewol Plon g3Proposed urban Renewal Area * Cily FW Ti z S5?RA 'M^n st~'+ gord. OR Transit Center 1.0 5~aruy'!i guirrrau Pubec FocMes ® Library ~watorway uw ra.,. c~ Park Figure 7: Urban Renewal Public Facilities Projects City of Tigard 19 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN G. Planning and Development Assistance Offering the following types of planning and development assistance to support the development, redevelopment and rehabilitation of private property in the Area is a project under the Plan. Detailed rules and regulations for the administration of financial and technical assistance programs will be established by the Agency after adoption of the Plan in order to ensure that urban renewal funds are used in compliance with the Plan and for the agreed upon Plan purposes. The adoption and amendment of such programs, rules and regulations would not be considered changes to the Plan. 1. Rehabilitation/Redevelopment Grant/Loan Pro ram The Urban Renewal Plan authorizes loans and/or grants for property rehabilitation and redevelopment. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 2. New Development Grant/Loan Program In addition to providing rehabilitation and redevelopment assistance, the Urban Renewal Plan authorizes loans and/or grants for new development. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 3. Technical Assistance Program The Urban Renewal Plan authorizes technical assistance in the form of site studies, market studies, feasibility analyses, engineering and design and other activities directly related to development of property in the urban renewal area. Examples of such technical assistance may include structural analysis of downtown building to promote rehabilitation of underutilized buildings and relocation strategies for existing downtown businesses seeking to move to an alternative site within the urban renewal area. 4. Commercial Facade Improvement Loans To create a distinct identity for downtown Tigard that is visually appealing and unified, the Urban Renewal Plan authorizes fagade improvement loans for commercial development. Improvements will be used to enhance the architectural integrity and character of historic commercial buildings and storefronts in need of a "face lift." VI. RELATIONSHIP TO LOCAL OBJECTIVES The Plan addresses local planning and development objectives contained in the City's Comprehensive Plan, Development Code, Transportation System Plan, Park System Master Plan and the Tigard Downtown Improvement Plan. Adopted in 1982 and last revised in January 2005, the Comprehensive Plan identifies goals and policy objectives that will promote growth City of Tigard 20 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN that is both sustainable and supportive of the community's desire to maintain high livability standards. The City's Development Code is updated on an ongoing basis and the TSP was adopted in January 2002. The Park System Master Plan was adopted in July 1999. Under the guidance of local residents, business owners and other community stakeholders, the City has undertaken the development of a long-range development plan for downtown Tigard. The Tigard Downtown Improvement Plan will provide a long range planning strategy for development in downtown Tigard. A. City of Tigard Community Development Code The City of Tigard Community Development Code establishes zoning districts, which govern allowed uses and contain development standards. The Area encompasses property within the City's commercial and industrial zoning districts. According to the City's Development Code, the purpose of commercial zoning districts is to provide a comprehensive range of commercial services - including retail and office uses - that are conveniently accessible to motorists, bicyclists and pedestrians and designed to minimize potential adverse impacts on surrounding residential neighborhoods. Further, in compliance with the City of Tigard Comprehensive Plan, the commercial zoning districts are intended to provide a wide range of employment opportunities and economic benefits for local residents. The purpose of Tigard's industrial zoning districts is to provide a broad range of industrial services and jobs within the City of Tigard that are conveniently accessible to local residents. A detailed description of commercial and industrial zoning districts within the Area and corresponding development standards are described in Section VII below. The Plan implements the public investments necessary to generate development that is consistent with Central Business District, General Commercial, Professional Commercial and Mixed Use Employment Districts as well as the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High-Density District. Further, the Plan will help ensure that the Area develops efficiently, with high quality, attractive development that creates an identity and sense of place unique to downtown Tigard. B. Tigard Comprehensive Plan Goals and Policies The Tigard Comprehensive Plan identifies goals and policies that address the City of Tigard's long range planning and development objectives. Of particular relevance to the Plan are goals and policy directives contained in the Natural Features and Open Space, Economy, Housing, Transportation and Special Areas of Concern sections. Natural Features and Open Space The Comprehensive Plan identifies policies intended to preserve and enhance the City's natural areas, including wildlife habitat areas, wetlands sites and other environmentally sensitive areas. Further, natural features and open space policies call for the development City of Tigard 21 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN of an adequate system of open space, recreation lands and facilities to maintain and improve community livability and the preservation and enhancement of historically and culturally significant resources. Natural Areas policies supported by the Plan include: Policy 3.4.2 The City Shall: a. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and controlling erosion, and by requiring that areas of standing trees and natural vegetation along natural drainage courses and waterways be maintained to the maximum extent possible. Policy 3.5.1 The City shall encourage private enterprise and intergovernmental agreements which will provide for open space, recreation lands, facilities, and preserve natural, scenic and historic areas in a manner consistent with the availability of resources. Policy 3.5.3 The City has designated the 100-Year Floodplain of Fanno Creek, its tributaries, and the Tualatin River as Greenway, which will be the backbone of the open space system. Where Landfill and/or development are allowed within or adjacent to the 100-Year Floodplain, the City shall require the consideration of dedication of sufficient open land area for greenway adjoining and within the floodplain. Policy 3.5.4 The City shall provide an interconnected pedestrian/ bike path throughout the City. Policy 3.7.1 The City shall identify and promote the preservation and protection of historically and culturally significant structure, site, objects and districts within Tigard. The Plan identifies Parks, Public Spaces and Bicycle/Pedestrian Facilities projects, including but not limited to the Fanno Park Improvements, Urban Creek/Green Corridor and Urban Green Spaces projects, which will further the Comprehensive Plan's Natural Areas policy objectives. In addition to preserving and upgrading existing parks and natural areas such as Fanno Creek Park, the Plan will facilitate the creation of "green" amenities and pedestrian/bicycle facilities that will provide new active and passive City of Tigard 22 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN recreational opportunities for residents, downtown workers and visitors and improve connectivity between downtown and adjacent neighborhoods. Economy The Comprehensive Plan identifies policies intended to diversify and improve Tigard's economic and employment base, including specific policies that address economic needs in the Central Business District. Economic policies supported by the Plan include: Policy 5.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Policy 5.3 The City shall improve and enhance the portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area. One of the Plan's stated goals is to "Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments." The Plan identifies intersection improvements, such as the Hall Blvd/99 W Intersection Improvements project, road widening and realignment projects and other street projects that will improve circulation and access in and around downtown. In addition, the Plan authorizes streetscape projects and pedestrian/bicycle improvements that will make downtown safer and more accessible to pedestrians and bicyclists by filling in gaps in the existing sidewalk system, providing new or upgraded bike lanes, and establishing new multiuse trails and pedestrian crossings. Finally, the Plan includes parks, public spaces and public facilities projects that will make downtown a more appealing place to do business and facilitate the transition of existing industrial and auto-oriented uses to locations outside of the Central Business District. Housing The Comprehensive Plan identifies the provision of high quality housing of varying densities, types and affordability levels as a critical long range planning goal. Tax increment revenues generated under the Plan may be used to fund development and technical assistance programs that will facilitate residential development that meets the diverse housing needs of Tigard's citizens, as prescribed below: City of Tigard 23 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 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. In addition to financing the programs described in Section IV, the Plan includes public improvements projects that will make the Area a more attractive and viable location for new, high quality medium- and high-density residential development in downtown Tigard. Transportation The Comprehensive Plan identifies policies that are designed to provide safe and efficient multimodal circulation and access within downtown Tigard and between downtown and adjacent neighborhoods. Transportation policies supported by the Plan include: Policy 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities; and b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Policy 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use; b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility; c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the Bicycle Master Plan. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway; d. Construction of sidewalks on all streets within Tigard. All schools, parks, public facilities and retail areas shall strive to have direct access to a sidewalk. e. Development of bicycle an pedestrian plans which link to recreational trails; City of Tigard 24 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections; and h. Tigard will support the development of a commuter rail system as part of the regional transit network. Policy 8.1.3 Strive to achieve a safe transportation system by the development of street standards, access management policies and speed controls when constructing streets, and by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. b. Design safe and secure pedestrian and bikeways between parks and other activity centers in Tigard. Policy 8.1.5 Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel by: a. The design and construction of transportation facilities to meet the requirements of the Americans with Disabilities Act; and b. The development of neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Policy 8.2.1 The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Policy 8.3.1 The City shall coordinate with Tri-met to provide for a public transit system within the planning area which: a. Meets the needs of both the current and projected, for the Tigard community; b. Addresses the special needs of a transit dependent population; c. Reduces pollution and traffic; and d. Reduces energy consumption. Policy 8.3.2 The City shall encourage the expansion and use of public transit by: City of Tigard 25 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN a. Locating land intensive uses in close proximity to transitways; and c. Supporting efforts by Tri-met and other groups to provide for the needs of the transportation disadvantaged. Policy 8.5.1 The City shall locate bicycle/pedestrian corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the City, by developing the pathway system shown on the adopted Pedestrian/Bikeway Plan. In conjunction with proposed street improvements, the Plan provides for new bike lanes and sidewalks as well as upgrades to inadequate bicycle and pedestrian facilities. These projects will increase multimodal access and circulation throughout the Area. Further, to improve neighborhood livability and create a visually appealing streetscape environment that draws residents and visitors to downtown and promotes more active commercial, recreation and entertainment uses, landscape improvements, street trees, street furniture and other streetscape improvements are identified as key components of the Plan. Special Areas of Concern The Comprehensive Plan identifies downtown Tigard and the Central Business District as a Special Area of Concern. Existing uses include a mix of older, substandard commercial and residential development, and industrial buildings that do not conform to the Comprehensive Plan's long term vision for downtown Tigard. To make downtown a more attractive destination for shopping, dining and a variety of entertainment and recreational activities, the Plan includes transportation, streetscape, public facilities and public spaces projects designed to create a visually distinct, unified character. The Plan also supports development and technical assistance programs designed to help local business and property owners rehabilitate and upgrade substandard buildings and create new quality development in downtown. The Plan supports the following Special Area of Concern policies: Policy 11.1.1 The redevelopment of downtown Tigard shall be accomplished in order to make it complementary to newer shopping areas. Convenience, appearance and the needs of the shopping public should be primary considerations. Policy 11.6.3 Require that all development permitted in Action Areas be designed to facilitate pedestrian movement within the center and to transit. City of Tigard 26 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Proposed pedestrian and bicycle improvements, such as the Commuter Rail Access and Tigard Street/Grant Pedestrian/Bicycle Crossing projects, will provide safe and convenient pedestrian access to local shops and transit. In addition, streetscape improvements along Main Street, Burnham Street, Commercial Street and other Area roadways will make downtown a more accommodating, pedestrian-oriented commercial district than it is today. Lastly, public facilities projects such as the Performing Arts Center and Public Market will generate support for new and existing businesses that provide entertainment and recreational options for downtown visitors. C. Transportation System Plan Goals and Policies Adopted in 2002, the TSP identifies goals and policy objectives intended to create a transportation system that enhances community livability and facilitates safe and convenient multimodal access to Tigard residents and visitors. The Plan's goals, objectives and transportation infrastructure projects directly address or correlate to planning needs identified in the TSP's goals and policies. Of particular relevance to the Plan are the following transportation system goals and policies, identified in Chapter 2 of the TSP: Goal 1: Livability Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard. Policy 2 - Encourage pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Goal 2: Balanced Transportation System Provide a balanced transportation system, incorporation all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) Policy I - Develop and implement public street standards that recognize the multi purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. Policy 3 - Bicycle lanes must be constructed on all arterials and collectors within Tigard consistent with the Bicycle Master Plan (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a bikeway. Policy 4 - Sidewalks must be constructed on all streets within Tigard (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a sidewalk. City of Tigard 27 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Policy 6 - Local streets shall be designed to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel. Provide connectivity to activity centers and destinations with a priorityfor bicycle and pedestrian connections. Policy 8 - Tigard will support the development of a commuter rail system as part of the regional transit network. Goal 3: Safety Strive to achieve a safe transportation system by developing street standards, access management policies and speed controls when constructing streets, by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. Policy 3 - Safe and secure pedestrian and bikeways shall be designed between parks and other activity centers in Tigard. Goal 5: Accessibility Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel. Policy I - Design and construct transportation facilities to meet the requirements of the Americans with Disabilities Act. Policy 2 - Develop neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Goal 6: Goods Movement Provide for efficient movement of goods and services. Policy I - Design arterial routes, highway access and adjacent land uses in ways that facilitate the efficient movement of goods and services. The Plan includes streetscape improvements and bicycle/pedestrian system improvements designed to encourage alternative modes of transportation to the automobile. By filling gaps in the existing sidewalk system, installing new bike lanes and upgrading existing bikeways to standard, the Plan will help create a complete system of bicycle and pedestrian facilities that enables pedestrians and bicyclists to commute safely and efficiently to and within downtown.. The Plan includes street improvements that will address motor vehicle needs in and around downtown Tigard. Projects such as the Scoffins Street/Hall Boulevard/Hunziker City of Tigard 28 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Realignment and Highway 99W intersection improvements will reduce congestion and improve circulation while creating a safer environment for drivers, pedestrians and bicyclists. D. City of Tigard Park System Master Plan The City of Tigard Park System Master Plan is guided by the following vision: "Through building connections, the City of Tigard will provide a park system that: • Contributes to overall community livability and pride; • Balances the impacts of growth and increasing density with parks and greenspaces; • Reduces auto-dependency and enhances recreation opportunities by connecting recreation resources, community destinations, and neighborhoods with trails and greenways; • Fosters stewardship of natural resources such as floodplains and waterways; • Provides equitable distribution of parks and recreation opportunities throughout the City; • Provides safe and well-maintained parks and recreation facilities; and • Provides for effective and economically sound management of public resources." Chapter Six Recommendations provides detailed recommendations for park facilities, maintenance, management, and recreation programs. Of particular relevance to the Plan are the following Parks recommendations: • "Renovate and expand existing parks to improve park condition, increase recreational opportunities, meet current safety requirements, and provide access for people with disabilities;" • "Provide an interconnected pedestrian and. bicycle system that links Tigard's parks, greenspaces, neighborhoods, work places, schools, and commercial centers;" and • "Mitigate the effects of development by providing pocket parks/urban plazas in commercial areas." The Plan includes multiple projects that support the City's park system vision and recommendations. In particular, the Fanno Creek Park Improvements and Enhanced Pedestrian Bridge, Urban Creek/Green Corridor and Urban Green Spaces projects will upgrade and increase multimodal access to existing parks and open space areas and create new green space and recreational areas that will draw residents, shoppers and visitors to downtown Tigard. City of Tigard 29 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E. Tigard Downtown Improvement Plan The Tigard Downtown Improvement plan is guided by four primary objectives: "First and foremost, the TDIP seeks to carry out the City Council's goal to revitalize Downtown Tigard. Second, the TDIP is a downtown "improvement" plan, one that builds upon the good "bones" of the current Downtown area, and that builds upon the sound foundation of community-based planning to serve as the "master conceptual plan" for the area. Third, an overarching objective of the Plan is to ensure that Downtown Tigard will serve the community's stated future needs for an active, mixed use "urban village". Finally, the TDIP must meet the objectives of the Metro Functional Plan for a Town Center, as that plan designates Tigard's downtown area as a Town Center." The Tigard Downtown Improvement Plan provides a vision, design guidelines and a series of catalyst projects that will foster development that is compatible with the "urban village" concept. The Plan supports projects and programs that will facilitate the implementation of the prescribed catalyst projects, many of which are included in the Urban Renewal Projects and Programs section. VII. PROPOSED LAND USES Land uses within the Area are governed by the City of Tigard Development Code. The Development Code establishes zoning districts that implement the Tigard Comprehensive Plan. The districts govern the allowed uses and contain development standards. Currently, land in the Area is within the Central Business District (CBD), General Commercial (C-G), Professional Commercial (C-P), R-4.5 Low-Density Residential (R-4.5), R-12 Medium- Density Residential (R-12) and R-25 Medium High-Density Residential (R-25) zoning districts. The purpose of the districts is described in the Development Code as follows: A. Central Business District "The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally." Most development in the CBD is not subject to minimum setbacks. However, 20 foot front, side and rear yard setbacks are required where a commercial use abuts a residential zoning district. A maximum site coverage of 85% and a minimum landscape requirement of 15% are required. With exception of buildings within 100 feet of any residential zoning districts, where a 40 foot height restriction applies, a maximum height of 80 feet is prescribed for development in the CBD zone. City of Tigard 30 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN B. General Commercial "The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally." Generally, development in the C-G zone is not subject to minimum setbacks. However, 20 foot side and rear yard setbacks are required where the zone abuts a residential zoning district. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are also prescribed. C. Professional Commercial "The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas." With the exception of property abutting a residential zoning district, where 20 foot side and rear yard setbacks are required, minimum setbacks are not required in the C-P Zone. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are required of all development in the C-P zone. D. R-4.5 Low-Density Residential District "The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally." The minimum lot size in the R-4.5 zone ranges from 7,500 square feet for detached housing units to 10,000 for duplexes. The average minimum lot width is 50 feet for detached unit lots and 90 feet for duplex lots. All residential development is subject to a maximum height of 30 feet and minimum setbacks of 20 feet (front yard), 5 feet (side yard) and 15 feet (rear yard). A minimum distance of 20 feet between a property line and City of Tigard 31 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN the front of a garage is also required. The R-4.5 zone does not impose a minimum landscape requirement or lot coverage standard. E. R-12 Medium-Density Residential District "The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally." Multiple-family dwelling units in the R-12 zone are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 35 feet, maximum lot coverage of 80% and minimum landscape requirement of 20% are also specified. F. R-24 Medium High-Density Residential District "The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally." A minimum lot size of 3,050 square feet per unit for detached single-family dwelling units and 6,100 square feet or 3,050 square feet per unit for duplexes is required in the R- 25 zone. Multiple-family dwelling units are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 45 feet, maximum lot coverage of 80% and minimum landscape requirement of 20% are also specified. VIII. PROPERTY ACQUISITION AND DISPOSITION The Plan authorizes the acquisition and disposition of property as described in this section. Property includes any and all interests in property, including fee simple ownership, lease, easements, licenses or other rights to use. A. Property Acquisition - From Willing Sellers The Plan authorizes the Agency acquisition of any interest in property within the Area, including fee simple interest, to support private redevelopment, only in those cases where the property owner wishes to convey such interests to the Agency. The Plan does not authorize use of the power of eminent domain to acquire property for private redevelopment. City of Tigard 32 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Property acquisition for those public improvements projects authorized in Section IV will be required. The Agency is not granted eminent domain authority under the Plan. Therefore, it the Agency cannot acquire the property needed for the described public improvements through negotiation and voluntary sale, the acquisition will be undertaken by the City of Tigard or other public entity under its independent eminent domain authority. Property acquisition from willing sellers may be required to support development of retail, office, housing and mixed use projects within the Area. B. Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value. Fair use value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Property disposition may be required to support development of retail, office, housing and mixed use projects within the Area. IX. RELOCATION METHODS As described in Section VIII, the Plan authorizes the acquisition of property by willing sellers only. Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any property, the Agency will adopt relocation regulations. X. TAX INCREMENT FINANCING OF PLAN Tax increment financing consists of using annual tax increment revenues collected by the Agency to make payments on debt incurred by the Agency., usually in the form of tax increment bonds. The proceeds of the bonds are used to pay for the urban renewal projects authorized in the Plan. Debt, including bonds, may be both long-term and short-term. Tax increment revenues equal most of the annual property taxes imposed on the cumulative increase in the total assessed value within an urban renewal area over the total assessed value at the time an urban renewal plan is adopted. (Under current law, the property taxes for general obligation ("GO") bonds and local option levies approved after October 6, 2001 are not included in tax increment revenues.) City of Tigard 33 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN A. General Description of the Proposed Financing Methods The Plan will be financed using a combination of revenue sources. These include: • Tax increment revenues; • Advances, loans, grants and any other form of financial assistance from the Federal, State or local governments or other public body; • Loans, grants, dedications or other contributions from private developers and property owners; and • Any other source, public or private. Revenues obtained by the Agency will be used to pay or repay costs, expenses, advancements and indebtedness incurred in planning or undertaking project activities or otherwise exercising any of the powers granted by ORS Chapter 457 in connection with the implementation of this Plan. B. Tax Increment Financing and Maximum Indebtedness . The Plan may be financed, in whole or in part, by tax increment revenues allocated to the Agency as provided in ORS Chapter 457. The ad valorem taxes, if any, levied by a taxing district in which all or a portion of the Area is located, shall be divided as provided in section 1 c, Article IX of the Oregon Constitution, and ORS 457.440. Amounts collected pursuant to ORS 457.440 shall be deposited into the unsegregated tax collections account and distributed to the Commission based upon the distribution schedule established under ORS 311.390. The maximum amount of indebtedness that may be issued or incurred under the Plan, based upon good faith estimates of the scope and costs of projects in the Plan and the schedule for their completion is Twenty Two Million Dollars and No Cents ($22,000,000). This amount is the principal of such indebtedness and does not include interest or indebtedness incurred to refund or refinance existing indebtedness. C. Prior Indebtedness Any indebtedness permitted by law and incurred by the Agency or the City of Tigard in connection with the preparation of this Plan or prior planning efforts related to this Plan may be repaid from tax increment revenues from the Area when and if such funds are available. D. Impact of Tax Increment Financing on Public Schools This Plan has been adopted with consideration of information in the Report accompanying the Plan regarding the impact of tax increment financing on the K-12 Public School system. Under current law providing for substantial state funding of K-12 schools, the tax increment financing of this Plan has minimal impacts on the revenues received by the Tigard Tualatin School District. City of Tigard 34 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN XI. DURATION OF PLAN No new indebtedness to be repaid with tax increment revenues may be incurred after the twentieth anniversary of the effective date of the Plan. As is common practice in urban renewal plans in Oregon, tax increment revenues may continue to be collected beyond this date, until it is found that deposits in the Commission's debt service fund are sufficient to fully pay principal and interest on indebtedness issued during the twenty years following the effective date of the Plan, either through direct payment of the indebtedness or by payment of principal and interest on bonds or notes issued to finance the indebtedness. The Plan will be effective on the date that the County certifies the results of the election at which the Tigard voters approve the measure that referred an ordinance approving an urban renewal plan to the Tigard voters. XII. FUTURE,AMENDMENTS TO PLAN The Charter of the City of Tigard (Section 47) requires that the City Council refer to Tigard voters the ordinance approving an urban renewal plan at a regular or special City election held in May or November. It further requires that amendments to an urban renewal plan that "would or could involve the levying of a tax on properties outside the urban renewal area to pay the debts or obligations to be incurred in carrying out the plan" must be similarly approved by Tigard voters (Section 48). Though the tax increment financing of the Plan does not involve levying of a tax, amendments that increase the maximum amount of indebtedness may increase the amount of tax increment revenues. For this reason, such amendment is classified as a Substantial Amendment Requiring Voter Approval, as discussed in this section. A. Substantial Amendments Requiring Voter Approval Substantial amendments requiring voter approval consist of increasing the maximum amount of indebtedness. Such amendment shall require City Council approval by non- emergency ordinance and an affirmative vote when referred to Tigard voters for approval. B. Substantial Amendments Not Requiring Voter Approval Substantial Amendments Not Requiring Voter Approval consist of adding land to the urban renewal area that totals not more than I% of the original plan area. Substantial Amendments as described under Subsections XII A and B require the same notice, hearing and approval procedure required of the original urban renewal plan, including public involvement, consultation with taxing districts, presentation to the Planning Commission, special notice to City of Tigard households of a hearing by the City Council on the ordinance adopting the Substantial Amendment, and adoption of the Amendment by non-emergency ordinance. C. Council Approved Amendments Council-Approved Amendments consist solely of the following amendments: City of Tigard 35 November 8, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN • Material changes to the goals and objectives of the Plan. • Addition or expansion of a project that adds a cost in 2005 dollars of more than $500,000 and is materially different from projects previously authorized in the Plan. • Extending the duration of the Plan. Council-Approved amendments require both the approval by the Agency by resolution and approval of the City Council. The City Council may approve the amendment by resolution. D. Minor Amendments Minor Amendments are amendments that are neither Substantial Amendments nor Council-Approved amendments. Minor amendments require approval by the Agency by resolution. E. Amendments to the City of Tigard Comprehensive Plan and/or Development Code Amendments to the City of Tigard Comprehensive Plan and/or Development Code that affect the Urban Renewal Plan and/or the Urban Renewal Area do not require separate approval by the Agency or City Council, but when such amendments are adopted, the Plan is deemed to have been revised to be consistent with such amendments. City of Tigard 36 November 8, 2005 EXHIBIT.. DRAFT REPORT ACCOMPANYING THE DRAFT CITY CENTER URBAN RENEWAL PLAN November 8, 2005 Tashman Johnson LLC Cascade Economic Planning SERA Architects Urban Land Economics Jeannette Launer, Attorney LIST OF PARTICIPANTS City Center Advisory Committee Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Long Range Planning Manager Duane Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mosca, Cascade Economic Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette Launer, Attorney TABLE OF CONTENTS 1. Introduction 4 II. Existing Physical and Economic Conditions and Impact on Municipal Services 5 A. Physical Conditions 5 B. Infrastructure 8 C. Social Conditions 9 D. Economic Conditions 11 E. Impact on Municipal Services 14 III. Reasons for Selection of Each Urban Renewal Area in the Plan ..............................................15 IV. Compliance with Statutory Limits on Assessed Value and Size of Urban Renewal Area .....15 V. The Relationship between Urban Renewal Projects and the Existing Conditions in the Urban Renewal Area ......................................................................................................................16 A. Street Improvements 16 B. Streetscape Improvements 17 C. Bike/Pedestrian Facilities 18 D. Parks ........................................................................................................................................20 E. Public Spaces 20 F. Public Facilities 22 VI. The Estimated Total Cost of Each Project and the Sources of Moneys to Pay Such Costs... 24 VII. The Anticipated Completion Date for Each Project ...................................................................30 VIII. The Estimated Amount of Tax Increment Revenues Required and the Anticipated Year in which Indebtedness will be Retired 30 IX. Financial Analysis of the Plan 30 X. Impact of the Tax Increment Financing, Both Until and After the Indebtedness is Repaid, Upon All Entities Levying Taxes Upon Property in the Urban Renewal Area .......................31 XI. Relocation Methods 32 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 1. INTRODUCTION The City Center Urban Renewal Report (the "Report") contains background information and project details for the City Center Urban Renewal Plan (the "Plan"). The Report is not a legal part of the Plan but is intended to provide public information that will guide the City Council and Tigard voters as part of their approval of the Plan. The Report provides the information required in ORS 457.085(3). The format of the Report is based on this statute. City of Tigard 4 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 II. EXISTING PHYSICAL AND ECONOMIC CONDITIONS AND IMPACT ON MUNICIPAL SERVICES This section of the Report describes existing conditions within the City Center Urban Renewal Area (the "Area"), documenting the occurrence of "blighted areas" as defined by ORS 457.010(1). A. Physical Conditions 1. Land Use and Zoning The Area contains approximately 193.71 acres and comprises 2.6% of the City's 7439.1 acres of total land area. It contains 193 individual properties, most of which are in the City's Central Business District (CBD) zoning district. The Area is served by two major transportation corridors, Highway 99W and Hall Boulevard, which provide access to downtown Tigard from surrounding commercial, industrial and residential neighborhoods. Two sets of railroad tracks, owned by Burlington Northern Sante Fe Railroad and operated by Portland and Western Railroad, Inc., extend through the heart of downtown Tigard and restrict access between the northern and southern portions of the CBD. Freight trains transporting industrial commodities such as forest products, manufactured industrial products, bulk feed and paper pass through the Area approximately eight times a day and create traffic congestion at rail crossings when switching occurs. Fanno Creek Park, which demarcates the southern edge of the Area's boundaries, is downtown's most significant natural resource and recreational amenity. The Plan includes projects that will strengthen linkages between downtown and Fanno Creek Park and expand the Park's role as a community gathering space and recreational destination. As described in further detail below, the age and physical condition of existing commercial development is mixed. Examples of newer or recently rehabilitated commercial development include the Crown Carpets building on the corner of Commercial Street and Main Street, the A-Boy Plumbing and Electric store on Main Street and the BMDA building, whose ground floor tenants include a Thai restaurant and a naturopathic pet clinic. However, the Area also features substandard development and underutilized commercial buildings. On Main Street, for example, a boarded up building adjacent to the bridge overlooking Fanno Creek lies vacant. Further, some of Main Street's historic buildings have been neglected, as evidenced by poorly maintained storefronts and facades. An analysis of property classification data from Washington County's 2004-05 Assessment and Taxation database was used to determine the land use designation of parcels in the Area. While the Area is City of Tigard 5 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 predominantly commercial, as illustrated in Table 1, "Land Use (2004- 05)," it features a mix of uses, including residential, multifamily, and exempt or partially exempt public uses. Table 1: Land Use 2004-05 Property Class Number of Acres* % of Total Parcels Improved Residential 23 5.52 3.8% Vacant Commercial 10 1.30 0.9% Improved Commercial 122 73.55 51.0% Improved State-Assessed Industrial 1 6.25 4.3% Vacant Multifamily 1 0.07 0.0% Improved Multifamily 10 8.64 6.0% Exempt Federal 2 2.32 1.6% Exempt State 1 3.29 2.3% Exempt City 14 33.68 23.4% Exempt Municipal Water District 2 4.17 2.9% Exempt Other Municipal Corporation 2 0.98 0.7% Exempt Fire District 1 1.48 1.0% Exempt Benevolent 2 1.31 0.9% Exempt Fraternal 2 1.58 1.1% TOTAL 193 144.14 100.0% TOTAL VACANT 18 12.46 8.6% TOTAL IMPROVED 175 131.68 91.4% Source: Washington County, OR 2004-05 Assessment and Taxation Database Note: Total acreage does not include an estimated 49.57 acres of ROW. Only 9% of the Area is vacant. Most of the undeveloped lands, including 4.17 acres of Water District property and 3.29 acres of Oregon Department of Transportation right-of-way, are under public ownership. Improved commercial uses constitute 51% (73.55 acres) of the Area's total acreage. Existing commercial development is concentrated on Main Street, Highway 99W and property abutting the intersection of Hall Boulevard/Highway 99W. A broad range of retail and commercial uses are represented. These include but are not limited to: restaurants, antique stores, furniture stores, paint supply stores and frame shops as well as a liquor store, athletic club, bike shop, carpet store and shoe repair shop. Professional and medical service providers, including dentists, realtors, attorneys and the Tigard Chamber of Commerce, are also active in the Area. While most downtown businesses are small and locally owned, national retailers and franchises such as Rite-Aid, Jo-Ann Fabrics, Napa Auto Parts and A-Boy Plumbing and Electric are also represented. City of Tigard 6 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Some existing uses in the downtown area do not conform to the goals and objectives of the City's Comprehensive Plan and Development Code. In particular, automobile-oriented uses and manufacturing and industrial facilities do not support the City's goal to create a vibrant, pedestrian- friendly atmosphere downtown. These are examples of Area businesses that play a valuable role in the local economy but are not appropriate uses in the CBD. The presence of industrial and automobile-oriented uses in the heart of downtown underscores the current underutilization of the area and magnifies the need for public investments that will attract more suitable retail, residential and employment uses in the CBD. In addition to commercial uses, tax exempt uses or partially exempt uses totaling 48.81 acres or 33.9 % of the Area's total land area are also well represented. Most notably, the Area includes 33.68 acres of property under City ownership. While residential uses are present, they account for less than 10% of the Area's total acreage. Multifamily development and single family homes, predominantly from the 1940s and 1950s, constitute 6% and 3.8% of the Area's acreage respectively. Table 2, "Zoning Districts (2004-05)," shows the distribution of the Area's lands by zoning district. Table 2: Zoning Districts (2004-05) Zoning District % of Total Commercial Zoning Districts Central Business District 80.9% General Commercial 12.3% Professional Commercial 3.3% SUBTOTAL 964% Residential Zoning Districts R-4.5 Low-Density Residential District 1.0% R-12 Mediun-Density Residential District 1.3% R-25 Medium High-Density Residential District 1.3% SUBTOTAL 3.6% TOTAL 100.0% Source: Washington County, OR 2004-05 Assessment and Taxation database Approximately 96% of the Area with is zoned commercial, with 80.9% of the Area's total acreage in the CBD zone, 12.3% in the General Commercial zone and 3.3% in the Professional Commercial zone. Less than 4% of the Area's acreage is within residential zoning districts that permit a broad range of housing types at varying densities. The residential City of Tigard 7 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 lands are concentrated in the southern and western portions of the Area, adjacent to Fanno Creek. B. Infrastructure 1. Transportation and Streetscape As detailed in the Tigard Downtown Improvement Plan, poor linkages exist between downtown Tigard and surrounding commercial, residential and employment Areas. Weak connections, in particular a lack of pedestrian friendly streetscape amenities, make it difficult to attract and sustain high quality retail, office and residential development, as specified in the Development Code. Long term needs for the Area include transportation improvements that will reduce traffic congestion, improve access to downtown, and create a safer and more welcoming environment for pedestrians, bicyclists and motorists. The City has established a preliminary list of priority transportation needs, which include: 1. Implement street improvements that will increase multimodal access and connectivity, reduce congestion at major intersections and increase safety for pedestrians, bicyclists and motor vehicles. 2. Provide bike lanes, sidewalks, and pedestrian-oriented streetscape improvements to increase multimodal circulation, safety, and connectivity and enhance the visual identity of downtown Tigard. 3. Develop pedestrian facilities that will improve pedestrian access to downtown from surrounding neighborhoods. 2. Parks ° The Plan identifies improvements to Fanno Creek Park, the Area's most significant natural resource, as a priority project. As the Area redevelops, the Park's role as a community gathering space and recreational activity center will expand. For this reason, maintaining and upgrading park facilities and protecting sensitive areas from the impacts of development and increased usage patterns will be critical. In addition to Fanno Creek Park improvements, the Plan recommends the development of a new skateboard park. 3. Public Spaces As detailed in the Tigard Downtown Improvement Plan, the Area's public space environment is inadequate. Developing public spaces at key City of Tigard 8 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 locations throughout the Area will strengthen linkages between downtown and Fanno Creek Park, the Area's existing "green" amenity, and reinforce downtown's identity as a unique shopping, entertainment, civic and recreational destination. The Plan has identified public spaces needs for the Area, which include: • a green corridor/urban creek that connects to other public spaces in the area and serves as an anchor for new development; • public plazas that serve as community gathering spaces; • urban green spaces that beautify the Area and provide opportunities for active and passive recreational activities; and • a public market near Fanno Creek. C. Social Conditions To analyze social conditions within the Area, a summary of demographic data and trends from the 1990 and 2000 U.S Census is included in this section. Census block group data was used to examine the Area's population and housing characteristics. The selected block groups encompass but do not correspond directly with the Area and the analysis is intended to provide a general description of the Area. Analysis of the Area in 1990 and 2000 is based on the following Census Tracts and Block Groups in Washington County, Oregon: Census Tract 307 - BG 1, 2 Census Tract 308.01 - BG 1 Census Tract 309 - BG 1 1. Population and Housing According to the Bureau of Census, in 2000 the total population of the Area was reported at 3,311 persons, up 8.3% from 3,056 persons in 1990. In 2000, 1,413 households with an average household size of 2.34 were reported for the Area. As presented in Table 3, "Change in Occupancy Status (1990 to 2000)," the Area experienced a net increase of 239 housing units (19.1 between 1990 and 2000. Corresponding with the increase in total housing units, occupied housing units in the Area increased by 17% between 1990 and 2000. While growth in owner-occupied units was modest at 6.7% (43 units), renter-occupied households increased by 28.4% (162 units). The overall share of owner-occupied units in the Area. decreased slightly from 52.8% in 1990 to 48.2% in 2000, a net loss of 4.6%. The decline in owner households may be attributed to the limited availability of ownership housing that is both affordable and attractive to buyers. It also suggests City of Tigard 9 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 that prospective homebuyers do not view downtown Tigard as a desirable place to live. Table 3: Change in Occu anc Status 1990 to 2000 1990 2000 Change % Change Total housing units 1,252 1,491 239 19.1% Occupied units 1,208 1,413 205 17.0% owners 638 681 43 6.7% renters 570 732 162 28.4% Vacant units 44 78 34 77.3% Owner occupied 52.8 48.2 -4.6 N/A Renter occupied 47.2 51.8 4.6 N/A Source: 1990 and 2000 Census, SF 1 - 100 Percent Data As illustrated in Table 4, "Race Characteristics (2000)," while the Area's population is largely white, non-white residents represent a significant share of the population at 14.5%. Among non-whites who affiliated themselves with a single race, Asians showed the highest representation at 4.4%. In 2000, 3.5% of the Area's total population (487 persons) claimed two or more races. Table 4: Race Characteristics 2000 Race Area Total % of Area Total Total: 3,311 100.0% Population of one race: 3,196 96.5% White alone 2,830 85.5% Black or African American alone 22 0.7% American Indian and Alaska Native alone 26 0.8% Asian alone 147 4.4% Native Hawaiian and Other Pacific Islander alone 34 1.0% Some other race alone 137 4.1% Two or more races: 115 3.5% Total non-white: 481 14.5% Source: 2000 Census, SF 1 - 100 Percent Data In 1990, an estimated 93 persons or 3.0% of the Area's total population reported Hispanic or Latino origin. By 2000, as shown in Table 5 "Hispanic or Latino Population (2000)," the Hispanic or Latino population had risen to 403 persons or 12.2% of the Area's total population. Between 1990 and 2000, with the addition of 310 persons of Hispanic or Latino origin, the Area's Hispanic or Latino population more than tripled. City of Tigard 10 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 5: Hispanic or Latino Population (2000) Hispanic or Latino Area Total % of Area Total Total Population: 3,311 100.0% Not Hispanic or Latino 2,908 87.8% Hispanic or Latino 403 12.2% Source: 2000 Census, SF 1 - 100 Percent Data D. Economic Conditions 1. Taxable Value of Property Within the Area State law limits the percentage of a municipality's total assessed value and area that can be contained in an urban renewal area at the time of its establishment to 25% for municipalities under 50,000 in population. The estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limits. 2. Building to Land Value Ratio An analysis of property values can be used to assess the economic condition of real estate investments in a designated area. The relationship of a property's improvement value (the value of buildings and other improvements to the property) to its land value is generally an accurate indicator of the condition of real estate investments. This relationship is referred to as the "Improvement to Land Ratio" or "I:L". The values used are real market values. In urban renewal areas, the I:L may be used to measure the intensity of development or the extent to which an area has achieved its development priorities. I:L ratios for healthy properties in downtown Tigard could range between 7.0 -10.0 or more. For instance, a property on a 15,000 square foot lot would have a land value of $150,000, at $10.00 per square foot. A two- story commercial property containing 20,000 square feet valued at $60.00 per square foot would have an improvement value of $1,200,000. The I:L ratio for this property would be 8.0. Table 6, "Improvement to Land Ratios (2004-05)," shows the average improvement to land ratios for properties within the study area, sorted by property class. City of Tigard 11 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 As highlighted in the Physical Conditions section, the Area consists primarily of commercial lands within Tigard's Central Business District (CBD) and General Commercial (CG) zone. At 1 .34, the average I:L for commercial uses within the Area is very low, an indication that commercial properties are significantly underdeveloped. One of the stated economic policies of the Tigard Comprehensive Plan is, "to improve and enhance portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area." The Plan supports projects that will enhance the Area's capacity to retain existing businesses and attract new employers, residents and visitors to the Area, thereby improving economic stability and job growth within the CBD. Table 6: Improvement to Land Ratios (2004-05) Use Average I:L Average I:L All Parcels Improved Parcels Only Residential 0.67 0.86 Commercial 1.34 1.43 State-Assessed Industrial 0.00 0.00 Multifamily Residential 2.53 2.79 Exempt or Partially Exempt 0.20 0.73 Source: Washington County, OR 2004-05 Assessment and Taxation database The average I:L of each of uses represented in the Area is low, falling at or below 2.79. This is clearly evidenced by the Area's inadequate streetscape, substandard housing development, underutilized commercial lands, and the lack of public spaces and public facilities. 3. Income and Poverty As a group, Area residents are less well off than the citywide population. The Area's median household income was estimated at $38,100 in 2000, 26% lower than the City's median household income of $51,581•. Table 7, "Poverty Status in 1999 by Age," shows the population breakdown by persons living below and at or above the federal poverty level. City of Tigard 12 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 7: Poverty Status in 1999 b Age Poverty Data Area Total % of Area Total Total Persons/ 3 705 100.0% Income in 1999 Below Poverty Level: 314 8.5% Under 18 years 95 2.6% 18 years and over 219 5.9% Income in 1999 at or Above Poverty Level: 3,391 91.5% Under 18 years 446 12.0% 18 years and over 2,945 79.5% Source: 2000 Census, SF 3 - Sample Data Population for whom Poverty Status is Determined An estimated 8.5% of the Area's population was living below the poverty level in 1999. The Plan supports transportation and streetscape projects and programs that will improve the physical appearance of downtown Tigard and increase access and connectivity throughout the Area. These improvements will make downtown an attractive location for high quality retail, commercial and office development, which will create new employment and economic opportunities for local residents. 4. Employment Employment data from the 2000 Census is used to analyze the employment status of residents in the Area. Given that state and national unemployment rates increased during the economic downtown and the Portland regional economy has not yet fully recovered, it is likely that current unemployment within the Area is higher and the labor force participation rate is lower than in 2000. As shown in Table 8, "Employment Status, Persons 16 years and over, City Center URA (2000)," the percentage of Area residents 16 and over in the labor force was 65.5% in 2000. While only 2.6% of the labor force was unemployed, the Area's labor force participation rate was 6% lower than the citywide rate, reported at 72.2% in 2000. This suggests that downtown Tigard may have a significant population of persons who, due to age or disability, are unable to work. City of Tigard 13 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 8: Employment Status, Persons 16 years and over City Center URA 2000 Employment Status Area Total % of Area Total Persons, 16 ears and over 39224 100.0% In labor force: 2,112 65.5% Armed forces 0 0.0% Civilian labor force 2,112 65.5% Employed 2,029 62.9% Unemployed 83 2.6% Not in labor force: 1,112 34.5% Source: 2000 Census, SF 3 - Sample Data E. Impact on Municipal Services The fiscal impact of tax increment financing on taxing districts that levy taxes within the Area ("affected taxing districts") is described in section X of this Report. This subsection discusses the fiscal impacts resulting from potential increases in demand for municipal services. Increases in commercial and residential occupancies within the Area will generally result in higher demand for fire, life safety and public safety services. However, older buildings not currently meeting building and fire codes will be brought into code compliance, reducing the demand from those buildings. Similarly, street improvements identified in the Plan will make downtown safer and more accessible to fire and emergency services vehicles. New landscaping features and public spaces improvements within the Area will increase the need for maintenance. However, sidewalk improvements will reduce the need for repairs of existing sidewalks. Population growth resulting from new residential development within the Area will increase the demand for municipal and social services. City of Tigard 14 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 III. REASONS FOR SELECTION OF EACH URBAN RENEWAL AREA IN THE PLAN There is one urban renewal area in the Plan and it was selected to improve and prevent the future occurrence of blighted areas as defined in ORS 457.010(l). IV. COMPLIANCE WITH STATUTORY LIMITS ON ASSESSED VALUE AND SIZE OF URBAN RENEWAL AREA As noted above, the estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limit contained in Chapter 457 of Oregon Revised Statutes. City of Tigard 15 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 V. THE RELATIONSHIP BETWEEN URBAN RENEWAL PROJECTS AND THE EXISTING CONDITIONS IN THE URBAN RENEWAL AREA This section describes the relationship between the urban renewal projects called for in the Plan and conditions generally described in Section II of this Report and more particularly described below. A. Street Improvements 1. Ash Avenue Extension, Scoffins to Burnham, Including Railroad Crossing The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan. Relationship to Existing; Conditions Under existing conditions, Ash Avenue is an incomplete roadway that extends from Scoffins Road to Commercial Street and picks back up at Burnham Street, on the south side of the rail corridor. Filling in the "gap" in the roadway will increase access and connectivity within the CBD. The provision of a new railroad crossing is necessary to ensure pedestrian, bicycle and motor vehicle safety. 2. Scoffins Street/Hall Boulevard/Hunziker Road Re-Ali ng_ment This project will realign the Scoffins Street/Hall Boulevard/Hunziker Road intersection. Relationship to Existing Conditions Located on the eastern edge of the Area, this three-way intersection provides access to downtown from Highway 99W and residential neighborhoods east of Hall Boulevard and south of downtown. Currently, Scoffins Street and Hunziker Road are poorly aligned, which increases traffic congestion and compromises the safety of pedestrians, bicyclists and motorists crossing over, or turning on or off, Hall Boulevard. Improving the alignment of the intersection will reduce congestion and increase multimodal safety. 3. Hall Blvd/Highway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard and Highway 99W are a project under the Plan. The acquisition of additional public right-of-way may be undertaken as part of the project. Relationship to Existing Conditions City of Tigard 16 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 . This project will improve multimodal circulation and safety and reduce congestion at the intersection of Hall Boulevard and Highway 99W, a major intersection that serves as the primary entryway to downtown. 4. Greenburg Road/Highway 99W Intersection Improvements Improvements to the intersection of Greenburg Road and Highway 99W are a project under the Plan. Relationship to Existing Conditions Under current conditions, traffic congestion at the intersection of Greenburg Road and Highway 99W hampers multimodal circulation and safety in Downtown Tigard and impedes access to the Area. This project will promote safe and convenient access to downtown Tigard and improve the flow of traffic throughout the Area. 5. Burnham Street Improvements The reconstruction and widening of Burnham Street is a project under the Plan. Relationship to Existing Conditions As noted in Section II A, access throughout the Area is constrained by weak linkages and the lack of an adequate street system in the Central Business District. The reconstruction and widening of Burnham Street will increase multimodal access to underutilized commercial properties in the southeast portion of the Area, which are expected to redevelop to more intensive residential, office, civic and commercial uses under the Plan. 6. Center Street Improvements Upgrades and improvements to Center Street are a project under the Plan. Relationship to Existing Conditions As the Safeway property at the northwest corner of Hall Boulevard and Highway 99W redevelops, Center Street, which provides access to the property from Greenburg Road, will need to be improved to accommodate the anticipated increase in bicycle, pedestrian and motor vehicle traffic. B. Streetscape Improvements 1. Downtown Tigard Streetscape Improvements City of Tigard 17 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Streetscape improvements along Main Street, Burnham Street, Commercial Street, Ash Avenue, Scoffins Road and Center Street are a project under the Plan. Relationship to Existing Conditions The lack of adequate streetscape amenities and human-scale development in downtown Tigard makes it an unsafe and unwelcoming destination for pedestrians. Under current conditions, downtown lacks a distinct visual identity and character, which has made it difficult to attract active retail, civic and employment uses supported in the Comprehensive Plan. Installing streetscape furnishings, street trees and other landscape enhancements will beautify downtown and create a more business- friendly, pedestrian-oriented environment. C. Bike/Pedestrian Facilities 1. Commuter Rail Access The provision of a new pedestrian access way between Burnham Street and the proposed commuter rail station is a project under the Plan. Relationship to Existing Conditions Under current conditions, multimodal access within the Area is constrained by the rail corridor, which bisects the CBD. Pedestrians who want to cross between the north and south sides of the rail corridor currently have one option - Main Street. This project will provide an alternative and more direct access route for pedestrians wishing to access the proposed commuter rail station on Commercial Street. 2. Sidewalks and Bike Lanes The Plan recommends bicycle and pedestrian improvement projects that will provide sidewalks and bike lanes on Hall Boulevard, Scoffins Street, Tigard Street, Highway 99W and Center Street. Relationship to Existing Conditions The incomplete sidewalk system and lack of striped bike lanes in downtown Tigard impedes pedestrian and bicycle access and weakens public perception of downtown as a unified district. In conjunction with urban spaces and streetscape improvements, the proposed sidewalk and bike lane improvements will improve multimodal access to the Area and create an attractive and visually distinct streetscape environment in downtown Tigard. City of Tigard 18 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 3. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Fanno Creek is a project under the Plan. The bridge will connect to Ash Avenue, which does not currently extend over the Creek. Relationship to Existing Conditions One of the stated goals of the Plan is to, "Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development." This project will enhance connectivity between Downtown Tigard and residential neighborhoods to the south and west of Fanno Creek. 4. Conversion of Existing North Rail Corridor into a Multi-use Pedestrian Trail The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features. Relationship to Existing Conditions This project will increase pedestrian access to downtown Tigard while providing new active and passive recreational opportunities for Area residents, workers and visitors. Consistent with goals of the Tigard Downtown Improvement Plan and the Comprehensive Plan, this project will be developed in an environmentally sensitive manner and will incorporate low impact, sustainable development techniques. City of Tigard 19 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 5. Tigard Street/Grant Bicycle/Pedestrian Crossing This project provides for the design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks. Relationship to Existing Conditions Currently, due to an insufficient number of railroad crossings, multimodal access to Downtown from surrounding neighborhoods, is constrained. This project will provide safe and convenient access to non-motorized vehicles traveling to and from downtown from residential areas to the north and west. D. Parks 1. Fanno Creek Park Improvements Improvements to Fanno Creek Park, including the preservation and restoration of environmentally sensitive areas, are a project under the Plan. Relationship to Existing Conditions As the Area redevelops and new housing, office, retail and commercial development locates downtown, it will be necessary to preserve the environmental integrity of existing parks and open space areas. Currently, Fanno Creek is the Area's most significant natural amenity. This project provides for improvements that will make Fanno Park a safer and more attractive recreational destination while protecting sensitive areas in the Fanno Creek Watershed. 2. Skateboard Park The design and construction of a new skateboard park is a project under the Plan. Relationship to Existing Conditions Similar to the Fanno Creek Park Improvements project and other public spaces proposed in the Plan, this project will expand the range of recreational opportunities in the Area and draw people of varying ages and interests to Downtown Tigard. E. Public Spaces City of Tigard 20 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 1. Green Corridor/Urban Creek The development of a green corridor/urban creek, which will extend from Fanno Creek to the northwest corner of the Central Business District, is a project under the Plan. Relationship to Existing Conditions As described in Section II B, downtown Tigard's inadequate streetscape environment limits its capacity to promote active retail, shopping and entertainment uses. The proposed Green Corridor/Urban Street project will serve as a catalyst for development and strengthen linkages between key downtown locations, including Fanno Creek Park, Main Street and the proposed Commuter Rail station. 2. Plazas and Urban Green Spaces The development of public plazas that will serve as public gathering spaces is a project under the Plan. ° Relationship to Existing Conditions Under existing conditions, the lack of public open space areas in downtown Tigard makes it an unattractive and unwelcoming pedestrian environment. Developing public plazas and urban green spaces suitable for a broad range of recreational and civic uses will increase community livability in downtown Tigard and strengthen its identity as a pedestrian- friendly shopping, entertainment and recreational district. 3. Public Market The development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions Developing a public market that will serve as a gathering space for community events and recreational activities will draw residents and out- of-town visitors to downtown Tigard. Area businesses will benefit directly from this project as individuals and families who visit the public market will also patronize restaurants, shops and other downtown venues. City of Tigard 21 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 F. Public Facilities 1. Performing Arts Center The development of a performing arts center in downtown Tigard is a project under the Plan. Relationship to Existing Conditions Under existing conditions, artistic and cultural activities in the Area are very limited. The development of a new Performing Arts Center, which will serve as a community gathering place for the arts, will promote downtown Tigard's reputation as a center for entertainment and culture.. Performing Arts Center patrons will shop at local businesses, dine at downtown restaurants and enjoy the various recreational and entertainment activities that the Area has to offer. 2. Public Parking Facilities The development of new public parking facilities in downtown Tigard is a project under the Plan. Relationship to Existing Conditions While the Area's supply of parking is adequate for the needs of existing businesses and residents, it is anticipated that the demand for public parking facilities will increase as the Area redevelops. Anticipated growth in housing and employment densities in downtown Tigard will increase the need for additional off-street parking. Developing public parking facilities at key locations throughout the Area, particularly in the CBD, will make downtown a convenient location for civic, retail and recreational activities. 3. Public Market Area The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions The public market area will serve as a community gathering spot and will strengthen linkages between Fanno Creek Park, the CBD and adjacent residential neighborhoods. 4. Post Office Relocation City of Tigard 22 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 The possible relocation of the existing downtown post office is a project under the Plan. Relationship to Existing; Conditions The existing downtown post office may not be the optimal use for valuable commercial real estate in the heart of downtown Tigard. Although the post office generates a substantial level of traffic, it is not compatible with other desired commercial activities on Main Street. For this reason, the post office may be relocated to an alternative site in the Area. 5. Public Restrooms The provision of public restrooms in public gathering spaces is a project under the Plan. Relationship to Existing Conditions Concurrent with the development of public gathering spaces in the Area, such as the proposed Public Market near Fanno Creek, the provision of public restrooms will help make shopping, dining and usage of the Area's public facilities and recreational amenities a comfortable and convenient experience for the public. City of Tigard 23 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q VI. THE ESTIMATED TOTAL COST OF EACH PROJECT AND THE SOURCES OF MONEYS TO PAY SUCH COSTS Table 9 below shows the estimated total cost of each project and the estimated sources of funds to address such costs, with all figures in year of expenditure dollars (which take into account inflation). City of Tigard 24 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 9: Revenues, Costs and Schedule for Urban Renewal Projects FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Revenues Beginning Balance 0 508,600 113,087 542,136 122,574 234,719 251,559 857,819 375,511 1,130,549 Debt Proceeds 0 830,136 0 1,028,100 160,173 1,350,895 292,173 1,702,449 426,475 Initial Funding from City of Tigard 900,000 0 Interest Earnings 0 7,629 14,148 8,132 17,260 5,923 24,037 17,250 31,169 23,355 Total Revenues 900,000 516,229 957,372 550,268 1,167,935 400,816 1,626,491 1,167,242 2,109,129 1,580,379 Adminstration Capital Projects 1 2 3 4 5 6 7 8 9 - 10 Street Improvements 144,200 148,526 152,982 157,571 162,298 0 153,734 158,346 195,716 201,587 Streetsca a Improvements 144,200 148,526 152,982 157,571 162,298 0 153,734 158,346 195,716 201,587 Bike/Pedestrian Facilities 103,000 . 106,090 109,273 112,551 115,927 0 0 0 0 0 Parks 0 0 0 0 231,855 0 153,734 158,346 195,716 201,587 Public Spaces 0 0 0 0 115,927 59,703 76,867 79,173 97,858 100,794 Public Facilities 0 0 0 0 115,927 59,703 76,867 79,173 97,858 100,794 Planning and Development Assistance 0 0 0 0 28,982 29,851 76,867 79,173 97,858 100,794 Property Acquisition - From Willing Sellers 0 0 0 0 0 0 76,867 79,173 97,858 100,794 Total Expenditures 391,400 403,142 415,236 427,693 933,216 149,257 768,671 791,731 978,580 1,007,937 City of Tigard 25 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 9: Revenues, Costs and Schedule for Urban Renewal Projects (Continued) FY Ending June 30 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Revenues Beginning Balance 572,442 1,472,179 687,766 1,326,142 656,140 1,318,372 659,175 1,947,822 935,995 1,956,173 Debt Proceeds 1,951,955 434,527 1,703,901 512,490 1,870,703 595,854 2,725,440 651,615 2,934,810 728,428 Initial Funding from City of Tigard Interest Earnings 37,866 28,601 35,875 27,579 37,903 28,713 50,769 38,992 58,062 40,269 Total Revenues 2,562,263 1,935,307 2,427,542 1,866,212 2,564,746 1,942,940 3,435,384 2,638,428 3,928,868 2,724,870 Adminstration Capital Projects 11 12 13 14 15 16 17 18 19 20 Street Improvements 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Streetsca a Improvements 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Bike/Pedestrian Facilities 0 0 0 0 0 0 0 0 0 0 Parks 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Public Spaces 121,120 124,754 110,140 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Public Facilities 124,754 110,140 0 0 0 0 0 0 0 Planning and Develo men! Assistance 121,120 124,754 110,140 121,007 124,637 256,753 297,513 340,487 394,539 451,528 Property Acuisition-From Willing Sellers 121,120 124,754 110,140 121,007 124,637 0 0 0 0 0 Total Expenditures 1,090,084 1,247,541 1,101,400 1,210,072 1,246,374 1,283,765 1,487,563 1,702,433 1,972,694 2,257,639 City of Tigard 26 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 10: Tax Increment Revenues, Debt Service and Debt Service Reserves FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 REVENUES Beginning Balance 0 40,827 79,535 196,425 286,223 299,301 453,184 444,189 679,289 626,781 Tax Increment Revenues 40,223 124,648 200,530 279,022 360,181 481,864 607,608 737,494 871,603 1,011,682 Interest 603 3,095 5,394 10,078 13,989 16,207 22,710 24,388 33,453 33,979 Total Revenues 40,827 168,570 285,459 485,525 660,393 797,372 1,083,501 1,206,070 1,584,345 1,672,441 Average Tax Increment Revenues 1,222,820 EXPENDITURES Debt Service, Lon Term Bond 1 89,035 89,035 89,035 89,035 89,035 89,035 89,035 89,035 89,035 Bond 2 110,267 110,267 110,267 110,267 110,267 110,267 110,267 Bond 3 144,887 144,887 144,887 144,887 144,887 Bond 4 182,593 182,593 182,593 Bond 5 195,849 Bond 6 Bond 7 Bond 8 Bond 9 Total Debt Service, Lon Term 0 89,035 89,035 199,301 199,301 344,189 344,189 526,781 526,781 722,630 Bond Reserve 0 89,035 89,035 199,301 199,301 344,189 344,189 526,781 526,781 722,630 Debt Service Short Term 0 161,791 295,124 430,782 127,182 Total Expenditures 0 178,069 178,069 398,603 560,393 688,377 983,501 1,053,562 1,484,345 1,572,441 City of Tigard 27 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 10: Tax Increment Revenues, Debt Service and Debt Service Reserves (Continued) FY Ending June 30 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 REVENUES Beginning Balance 822,630 822,630 980,138 980,138 1,148,672 1,148,672 1,311,417 1,311,417 1,467,162 1,467,162 Tax Increment Revenues 1,120,066 1,232,193 1,348,178 1,468,140 1,592,201 1,695,984 1,803,223 1,914,027 2,028,505 2,146,772 Interest 41,480 43,162 49,627 51,426 58,343 59,900 66,391 68,053 74,442 76,216 Total Revenues 1,984,176 2,097,985 2,377,943 2,499,705 2,799,216 2,904,555 3,181,031 3,293,497 3,570,110 3,690,151 Average Tax Increment Revenues EXPENDITURES Debt Service, Lon Term Bond 1 89,035 89,035 89,035 89,035 89,035 Bond 2 110,267 110,267 110,267 110,267 110,267 110,267 110,267 Bond 3 144,887 144,887 144,887 144,887 144,887 144,887 144,887 144,887 144,887 Bond 4 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 Bond 5 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 Bond 6 157,508 157,508 157,508 157,508 157,508 157,508 157,508 157,508 157,508 Bond 7 168,533 168,533 168,533 168,533 168,533 168,533 168,533 Bond 8 251,780 251,780 251,780 251,780 251,780 Bond 9 266,012 266,012 266,012 Total Debt Service, Lon Term 722,630 880,138 880,138 1,048,672 1,048,672 1,211,417 1,211,417 1,367,162 1,367,162 1,222;275 Bond Reserve 722,630 880,138 880,138 1,048,672 1,048,672 1,211,417 1,211,417 1,367,162 1,367,162 1,222,275 Debt Service Short Term 438,916 237,709 517,667 302,361 601,873 381,721 658,197 459,173 735,786 1,145,601 Total Expenditures 1,884,176 1,997,985 2,277,943 2,399,705 2,699,216 2,804,555 3,081,031 3,193,497 3,470,110 3,590,151 City of Tigard 28 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - V2 Table 11: Projected Incremental Assessed Value and Tax Rates FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Frozen Base 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 Prior Year Total 62,884,466 66,304,704 73,483,446 79,935,766 86,609,983 93,511,005 103,857,879 114,550,020 125,594,334 136,997,785 Appreciation % 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Appreciation $ 1,572,112 1,657,618 1,837,086 1,998,394 2,165,250 2,337,775 2,596,447 2,863,751 3,139,858 3,424,945 Gross New Real Market Value 4,181,281 12,677,669 8,633,061 8,772,651 8,915,234 15,134,351 15,361,849 15,593,906 15,830,638 16,072,160 Net % of Gross 65% 65% 81% 82% 83% 84% 85% 86% 87% 88% Net Real Market Value 2,717,832 8,240,485 6,992,779 7,193,573 7,399,644 12,712,855 13,057,571 13,410,759 13,772,655 14,143,501 Changed Property 68% 67% 66% 65% 64% 63% 62% 61% 60% 60% Assessed Value, New Development 1,848,126 5,521,125 4,615,234 4,675,823 4,735,772 8,009,098 8,095,694 8,180,563 8,263,593 8,486,101 Total 62,884,466 66,304,704 73,483,446 79,935,766 86,609,983 93,511,005 103,857,879 114,550,020 125,594,334 136,997,785 148,908,830 Incremental Assesed Value 0 3,420,238 10,598,980 17,051,301 23,725,517 30,626,539 40,973,413 51,665,554 62,709,868 74,113,319 86,024,364 Consolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 Tax Increment Revenues 40,630 125,907 202,556 281,840 363,819 486,731 613,745 744,943 880,407 1,021,901 FY Ending June 30 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Frozen Base 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 Prior Year Total 148,908,830 158,124,890 167,659,173 177,521,502 187,721,989 198,271,051 207,095,782 216,214,461 225,636,209 235,370,426 Appreciation % 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Appreciation $ 3,722,721 3,953,122 4,191,479 4,438,038 4,693,050 4,956,776 5,177,395 5,405,362 5,640,905 5,884,261 Gross New Real Market Value 10,287,151 10,451,613 10,619,567 10,791,104 10,966,316 7,243,360 7,380,682 7,521,324 7,665,378 7,812,938 Net % of Gross 89% 89% 89% 89% 89% 89% 89% 89% 89% 89% Net Real Market Value 9,155,565 9,301,936 9,451,415 9,604,082 9,760,021 6,446,590 6,568,807 6,693,979 6,822,187 6,953,514 Changed Property Ratio 60% 60% 60% 60% 60% 60% 60% 60% 60% 60% Assessed Value, New Development 5,493,339 5,581,161 5,670,849 5,762,449 5,856,013 3,867,954 3,941,284 4,016,387 4,093,312 4,172,109 Total 158,124,890 167,659,173 177,521,502 187,721,989 198,271,051 207,095,782 216,214,461 225,636,209 235,370,426 245,426,796 Incremental Assesed Value 95,240,424 104,774,707 114,637,036 124,837,523 135,386,585 144,211,316 153,329,995 162,751,743 172,485,960 182,542,330 Consolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 Tax Increment Revenues 1,131,380 1,244,640 1,361,796 1,482,970 1,608,284 1,713,115 1,821,438 1,933,361 2,048,995 2,168,457 City of Tigard 29 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 VII. THE ANTICIPATED COMPLETION DATE FOR EACH PROJECT Table 9 shows the anticipated completion dates of the urban renewal projects. VIII. THE ESTIMATED AMOUNT OF TAX INCREMENT REVENUES REQUIRED AND THE ANTICIPATED YEAR IN WHICH INDEBTEDNESS WILL BE RETIRED Table 10 shows the yearly tax increment revenues and their allocation to debt service and debt service reserve funds. It is anticipated that all debt will be retired by the end of FY 2027/2028. The estimated amount of tax increment revenues required to service debt is $39,142,083 (total tax increment revenues of $40,026,326 less $884,243 remaining after debt is retired; to be refunded to taxing districts). IX. FINANCIAL ANALYSIS OF THE PLAN The estimated tax increment revenues of $39,142,083 are based on projections of the assessed value of development within the Area. Table I I (page 29) shows the projected incremental assessed value, projected tax rates that would produce tax increment revenues, and the annual tax increment revenues. These in turn provide the basis for the projections in Table 10. City of Tigard 30 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 X. IMPACT OF THE TAX INCREMENT FINANCING, BOTH UNTIL AND. AFTER THE INDEBTEDNESS IS REPAID, UPON ALL ENTITIES LEVYING TAXES UPON PROPERTY IN THE URBAN RENEWAL AREA The impact of tax increment financing on overlapping taxing districts consists primarily of the property tax revenues foregone on permanent rate levies as applied to the growth in assessed value in the Area without the Plan. Revenues on growth in assessed value that would not occur but for the Plan cannot be considered as foregone. It is reasonable to project that development within the Area without the Plan would take much longer to occur, would be less extensive and would have lower assessed values. Table 12 shows the property tax revenue foregone by overlapping taxing districts during the use of tax increment financing, in terms of average revenues foregone per year through FY 2027/2028 in current dollars. No impacts are shown for the K-12 School District or Educational Service District, because under the current K-12 and ESD financing system, property tax revenues foregone by the districts would be offset by additional revenues from the State School Fund. Table 12: Revenues Foregone Present Value of Revenues Foregone Through 2028 Average/Year Washington County Permanent 1,660,097 79,052 TVF&R 1,126,125 53,625 Port 51,758 2,465 Metro 71,324 3,396 City of Tigard 1,855,537 88,359 ESD - NW Regional 113,558 5,408 PCC 208,804 9,943 City of Tigard 31 October 15, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 13 shows the increase in permanent rate levy revenues that would occur in the years after termination of the tax increment financing, from FY 2029 through FY 2037, when the projected additional value in the Area would result in a "break even" point. During FY 2036/2037, the value in current dollars of the revenues foregone would be exceeded by the value in current dollars of the additional revenues gained. Table 13: Revenues Gained After Termination of Tax Increment Financing FY 2029 through FY 2037 Taxing District Through 2037 Washington County Permanent 1,677,514 TVF&R 1,137,940 Port 52,301 Metro 72,073 City of Tigard 1,875,004 ESD - NW Regional 114,749 PCC 210,995 XI. RELOCATION METHODS The Agency will comply with all applicable federal and state statutes and regulations regarding relocation whenever it acquires property in furtherance of the Plan. City of Tigard 32 October 15, 2005 AGENDA ITEM # / FOR AGENDA OF November 22, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #4 to the FY 2005-06 Budget to Add a Full-Time GIS Coordinator Position and Increase Appropriations in the Information Technology Division Budget to Fund this Position PREPARED BY: Tom Imdieke/Gary Ehrenfeld DEPT HEAD O CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment #4 to add a full-time GIS Coordinator position to the Information Technology Division and increase appropriations in this Division to fund the new position and the associated materials and services costs? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #4. INFORMATION SUMMARY On October 25, 2005, Gary Ehrenfeld, IT Director, presented information to Council regarding the need to create a new Geographic Information Systems (GIS) Coordinator position. The need for this position was identified after an in depth review of the City's GIS needs by a person with expertise in this field. This position will be responsible for building, developing, and maintaining all GIS applications in the City. The position will also be responsible for integrating GIS with other business systems in City departments, training City staff, and managing the GIS system. During the discussion with Council, questions were raised as to the specific funding sources for the position. The information outlined below, address those questions. Based on current usage trends and level of future development that is needed in the City's utility programs, the cost of this position has been allocated to recover the development costs as wells as recovering current usage from various City funds. The development effort over the next couple of years will need to concentrate on establishing data layers that will be used by the utility programs. The utility programs include sanitary sewer, storm sewer, and water. Data layers consist of geographical information that can be displayed in a mapping type of format. This information is then used by various sources including City staff and citizens in various applications and projects. This budget amendment will increase the authorized positions in the Information Technology Division by one position. Also, it will transfer funds from the Central Services Fund Contingency to the Information Technology budget to fund this new position. Although a transfer from the contingency in the Central Services Fund needs to occur to establish the spending authority, the actual funding of the position will be from seven different funding sources. The chart below shows how the position and support costs would be allocated between City funds. This would also be case for FY 2006-07. Fund % of Funding FY 2005-06 Cost General Fund 29.79% $15,068 Building Fund 6.90% $3,490 Sanitary Sewer Fund 9.00% $4,554 Storm Sewer Fund 8.16% $4,131 Water Fund 39.57% $20,020 Gas Tax 3.96% $2,003 Urban Services 2.62% $1,324 The funding for future years would also be determined in a similar manner through the City's cost allocation plan. The total amount to be transferred is $50,590. This amount includes $36,550 for salary and benefits assuming the position begins in December 2005 and $14,040 for associated materials and services costs including new desk setup, computer setup, and software licenses. OTHER ALTERNATIVES CONSIDERED Do not approve Budget Amendment #4. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Resolution Approving Budget Amendment #4 FISCAL NOTES This resolution will transfer $50,590 from the Central Services Contingency to the Information Technology (IT) Division budget. Of this total, $36,550 is for salary and benefits assuming the position will begin in December 2005 and benefits are based on the average benefit rate for the IT Division. The remaining $14,040 is for a new desk set up, a new computer set up, and necessary software licenses. CITY OF TIGARD, OREGON RESOLUTION NO. 05- • RESOLUTION APPROVING BUDGET AMENDMENT #4 TO THE FY 2005-06 BUDGET TO ADD A FULL-TIME GIS COORDINATOR POSITION AND INCREASE APPROPRIATIONS IN THE INFORMATION TECHNOLOGY BUDGET TO FUND THIS POSITION. WHEREAS, an in depth review of the City's Geographical Information Systems (GIS) needs was conducted and it was recommended that a new GIS Coordinator position be created; and WHEREAS, this position will be responsible for building, developing, and maintaining all GIS applications in the City; and WHEREAS, it is necessary to increase the authorized number of full-time equivalent (FTE) positions within the Information Technology Division from 7 to 8; and WHEREAS, it is necessary to amend the FY 2005-06 Budget to increase appropriations to fund this new position. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The authorized number of full-time equivalent positions in the Information Technology Division is increased from 7 to 8. SECTION 2: The FY 2005-06 Budget of the City of Tigard is hereby amended as shown in Attachment A to this resolution to 'increase appropriations in the Information Technology Division, Policy & Administration Program, in the amount of $50,590 and to decrease the Central Services Fund Contingency by the same amount. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2005. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 - Page 1 Attachment A FY 2005-06 Budget Amendment # 4 FY 2005-06 Budget Adopted Adopted Amendment Revised Budget # 4 Budget Central Services Fund Resources Beginning Fund Balance $1,314,517 $1,314,517 Interest Earnings 30,000 30,000 Transfers In from Other Funds 4,638,892 4,638,892 Total $5,983,409 $0 $5,983,409 Requirements Policy & Administration Program 4,103,247 50,590 4,153,837 General Government 417,682 417,682 Program Expenditures Total $4,520,929 $50,590 $4,571,519 Debt Service $0 $0 Capital Improvements $0 $0 Transfers to Other Funds $201,077 $201,077 Contingency $718,625 ($50,590) $668,035 Total Requirements $5,440,631 $0 $5,440,631 Ending Fund Balance 542,778 542,778 Grand Total $5,983,409 $0 $5,983,409 AGENDA ITEM # FOR AGENDA OF November 22, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public hearing (Quasi-Judicial) to consider annexation of Sunrise Lane/ZCA2005- 00004 (Continued from October 25, 2005) PREPARED BY: Gary Pagenstecher DEPT HEAD OK CITY MGR OK " ISSUE BEFORE THE COUNCIL Should the Council reopen the record to allow additional argument and evidence on the Tigard Comprehensive Plan Policy 10. 1. La(l) - (6). STAFF RECOMMENDATION Reopen the record to allow additional argument and evidence. INFORMATION SUMMARY This item is a continuance from October 25, 2005 to consider an annexation request by twelve land owners and electors that have petitioned for and consented to annexation to the City of Tigard. At the request of opponents of the proposed annexation, the Council agreed to continue the hearing until November 22, 2005 and accept additional written testimony (Attachment 3) . On November 8, 2005, the applicant requested the Council reopen the record to allow additional argument and evidence on the Tigard Comprehensive Plan Policy 10.1.La(1) - (6). Additionally, the applicant proposed a schedule where all parties would have opportunity to comment with the Council reconvening on December 13, 2005 to make a decision on the application. OTHER ALTERNATIVES CONSIDERED Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY "Growth and Growth Management", Goal #2 - Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST Attachment 1: Proposed Ordinance approving the annexation. Exhibit A: Legal descriptions of the subject properties. Exhibit B: Assessor's map of the subject properties. Exhibit C: Vicinity map of the subject properties. Attachment 2: Staff report to the Council. Attachment 3: Written Testimony received during continuation period (through November 8, 2005). Attachment 4: Applicant's request to reopen the record dated November 8, 2005. Attachment 5: Notice of Public Hearing sent to property owners and parties of record for the 11/22/05 hearing. FISCAL NOTES The applicant is responsible for paying the Metro processing fee and has already paid the fees necessary to administer the application by planning staff. CITY OF TIGARD, OREGON ORDINANCE NO. 2005- AN ORDINANCE ANNEXING 25.61 ACRES, APPROVING SUNRISE LANE ANNEXATION (ZCA2005-00004), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District; the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on October 25, 2005 to consider the annexation of twelve (12) parcels of land consisting of 25.61 acres and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 221120 and 222.524, notice was given and the City held a public hearing on October 25, 2005 on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the County and the zoning after annexation would remain R-7 so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; and ORDINANCE NO. 2005- ZCA2005-00004 Sunrise Lane Annexation Pagel of 2 WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2006. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of 52005. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of 52005. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE NO. 2005- ZCA2005-00004 Sunrise Lane Annexation Page 2 of 2 + EXHIBIT A (Page I of 4) BEING TRACTS OF LAND AS DESCRIBED IN THE FOLLOWING DOCUMENTS: 98-070527, 2003-020130, 2000-061432, 2004-107939, BOOK 1151, PAGE 113, 2004-082311, 2004- 082312, AND 97-084282 ALL-WASHINGTON COUNTY DEED RECORDS, SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN COUNTY OF WASHINGTON, STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT NO. 97-084282 OF SAID COUNTY, SAID SOUTHEAST CORNER BEARS NORTH 89° 50'44" WEST, 571.41 FEET ALONG THE SOUTH. LINE OF SAID SECTION 5 AND NORTH 00°41'42" EAST, 20.00 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION '5 MARKED WITH AN ALUMINUM DISC IN CONCRETE; THENCE ALONG A LINE 20.00 FEET PARALLEL WITH THE SAID SOUTH SECTION LINE NORTH 89° 50'44" WEST, 212.89 FEET; THENCE SOUTH 00° 41' 42" WEST, 20.00 FEET TO A POINT ON SAID SOUTHERLY SECTION LINE; THENCE ALONG SAID SOUTH SECTION LINE NORTH 89° 50- 44" WEST, 233.64 FEET; THENCE LEAVING SAID SECTION LINE RECORDS NORTH 00° 43' 00" EAST, 200.00 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT NORTH 89° 50'44" WEST, 124.00 FEET; THENCE ALONG THE WESTERLY LINE OF SAID TRACT SOUTH 00° 43'00" WEST, 180.00 FEET TO A POINT (20.00 FEET NORTHERLY OF, WHEN MEASURED PERPENDICULAR TO SAID SECTION LINE); THENCE ALONG A LINE PARALLEL WITH THE SAID SECTION LINE NORTH 89° 50' 44" WEST, 180.00 FEET; THENCE NORTH 00° 43'00" EAST, 20.00 FEET; THENCE NORTH 89° 50'44" WEST, 23.33 FEET; THENCE SOUTH 00° 43'00" WEST, 40.00 FEET TO A POINT ON THE SOUTH SECTION LINE; THENCE ALONG SAID SOUTH SECTION LINE NORTH 89° 50' 44" WEST; 107.00 FEET; THENCE NORTH 00° 41'34" EAST, 240.00 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT TRACT DESCRIBED IN DEED BOOK 397, PAGE 547, WASHINGTON COUNTY DEED RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 50' 44" EAST, 42.89,FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE ALONG THE EASTERLY LINE OF SAID TRACT OF NORTH 00° 40' 00" EAST, 399.80 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE LEAVING SAID NORTHEAST CORNER OF SAID TRACT SOUTH 89° 50'28" EAST, 85.62 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DOCUMENT NO. 2004-046173 OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID TRACT, NORTH 00° 43' 00" EAST, 161.26 FEET TO A 5/8 INCH IRON ROD; THENCE NORTH 79° 30' 00" WEST, 243.12 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SUNRISE LANE (BEING 20.00 FROM THE CENTERLINE THEREOF, WHEN MEASURED PERPENDICULAR THERETO); THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) CALLS: NORTH 14° 1605" WEST, 98.41 FEET; THENCE NORTH 17° 04' 55" EAST, 72.15 FEET; THENCE NORTH 43° 11' 55" EAST, 116.47 FEET; THENCE NORTH 04° 35'55" EAST, 84.20 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN DEED RECORD BOOK 186, PAGE 307; THENCE ALONG THE SOUTHERLY LINE OF THAT TRACT DESCRIBED IN DEED DOCUMENT NUMBER 2002-019693, WASHINGTON COUNTY DEED RECORDS SOUTH.890 28' 42" EAST, 699.75 FEET TO THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN DEED RECORD BOOK 861, PAGE 211; THENCE ALONG THE WESTERLY LINE OF THAT CERTAIN TRACT OF LAND. AS DESCRIBED IN DOCUMENT NO. 2001-085039 ALONG THE FOLLOWING FIVE (5) COURSES: SOUTH 00" 41' 42" WEST, 393.64 FEET; THENCE NORTH 89° 50'44" EAST, 100.00 FEET; THENCE SOUTH 00'41'42" WEST, 480.00 FEET; THENCE NORTH 89° 50,44" EAST, 112.90 FEET; THENCE SOUTH 00° 41'42" WEST, 280.00 FEET TO SAID POINT OF BEGINNING.. REGISTERED CONTAINS 19.638 ACRES, MORE OR LESS. [LA R p SURVEYOR OREGON NOV. 18, 1999 MICHAEL 0. FRANK 53854 EXHIBIT A ? (Page 2 of 4) Including Tax Lot 600 Escrow No. 08-838878- ride Order No. 00838878 28 rth 89049' West, 1409.7 feet and 640 feet North 0043' East of the Southeast corner of Beginning at a pointrth Section 5, Townshiouth; Fungi: 1 West, Willamette Meridian, Washington County. Oregon. being the Northeast od, et ux, by Deed recorded September 7, 1957, in Book 397, Page 547, comer of a tract cond to Fletcher Rockwo Deed Records; thenouth 8944' 17" East along the Easterly projection of the North fine of said Rockwood Tract. 85.83 feet; thence O°43' East, 160 feet; thence North 79°30' West 225.74 feet to the Eastedy-right-ofway fine of Sunrise Lanence South 14° 18' East, 90 feet and South 4° 14'45' West, 119.8 feet to the North Gne of said Rockwood Traence South 89044'170 Ease. 142.17 feet to the place of beginning. EXHIBIT A i (Page 3 of 4) Order No: 267915 Including Tax Lot 700 A tract of land in the Southeast one-quarter.of section 5,-Township 2 South' Range 1' West of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows:. BEGINNING at an iron pipe set North 89049' West 1409.7 feet and North 0043' East 449.57 feet from the Southeast corner of Section 5, Township 2 South, Range 1 West of the Willamette Meridian; running thence North 89049' West a distance of 171.09 feet to a point on the center line of a 40 foot roadway described on Page 81 of Book 147, Washington County, Oregon, Deed Records, from which an iron pipe bears South 89049' East, a distance of 20.05 feet;.thence North 4°12' East along the centerline of said 40 foot wide roadway a distance of 190.90 feet to the Northwest corner of tract described in Deed to Elton C. Phillips, et ux, recorded in Book 473, Page 227, Deed Records of Washington County, Oregon, from which an iron rod bears South 89049' East a distance of 20.00 feet; thence South 89049' East a distance of -159.S feet to an iron rod; thence South 0043' West a distance of 190.43 feet to the point of beginning, except that portion-lying in.Sunrise Lane. S - ' EXHIBIT A ' (Page 4 of 4) Including Tax Lot. 1800 A tract of land located within the southeast one-quarter of Section 5, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Commencing at the comer to section 4,5,8,and 9,. Township 2 South, Range 'l West W.M.;, thence N 89° 50' 44" W a distance of 451.8 feet; thence N 00° 56' 42" E a distance of 20.00 feet to the True point of Beginning; thence N 00° 56' 42" E a distance of 530 to the center of the . ravine; thence N 22°25' 19" W, along the center of the ravine, a distance of 750 more or less; thence N 89° 28' 42" a distance of 70 feet more or less; thence S 00° 4142" W a distance 'of 393.64 feet; thence S 89° 50'44" E a distance of 100 feet; thence S O0° 41'42" W a distance of 480 feet; thence S 89° 50' 44" E a distance of 112.90 feet; S 00° 41' 42" W a distance of 280 feet; thence S 89° 50' 44" E a distance of 120 feet to.the true point of beginning. 2S 1 05DD 2S 1 05DD ice" u«x»« K. i SW KLIPSAN LA T""" :w«.«w««„•„„.««hl»«r 7100 NEb m 2 > 1~ i 4) 3 7]ao c a.. 1'•:`- , :c :Jw is I 3 n<I °']e M ~o 3700 m l 7080 i aeon ' 13. 46 a 3900 = 3,00 $ D ^ N l 6900 6700 8 em 7 2 :iw;: : c;;,; 300 46 43 a (7 n.. v $ $ Ni' 1JJK g fill W g l :01 a 4000 0 a 3600 f l Lll 44 6800 f 11 f 'M'. •,V?IC :b1a a'.'r, 1-7XI ti, Y na o a lY :[~jM• J;plyf; :7e N,:: 4100 V V 3409 9 ' 'YY.L [_]I 8800 ~'~8 ro f0 C woes 41 sec i _ y~ a+ "rMW :aM 200 .r § 4300 l 7200 ~R 6400 a to $ tluc7 ^4• ; «.,««I««wn«.~,5lln. «xN.x«N+I«w.wn.w«x. r.«n««x«w n• pis oa WASHINGTON COUNTY OREGON 4 SECTION O6 72S R .+u " . - - - - - - , la~~'71 J7 6,00 413000 ]9pp ai~g SEI/4SE111W W.M. - g $ 144C mu SCALE V - 100' - - D na LLB } 4400 ' 40-610 04 6206 36 Z e a 3200 • a N11............ r I:fY11Y1 IbcO 810 0 -311 VrO 1 460021~ 3100 $ C) %•,.t. R{ 6000 w 1 4600 3080 4 22 14800 1900 ne, 2J7K r Saoo Ll, '?SW SEAVIEW LANE 35 470o 290 x6 --73 6900 f 23 s 2900 Y w 23-78 23 6 34 tJ 8 rA 10"I IuJe KJ 2J,6721 fi A 6700 g e 4200 8 2100 $ : 33 $ 100 tl 4 a V FOR ADDITIONAL NAPS VISIT OUR WESWE AT :•a Jigry 4200 8 2700 6600 ' l 2a $ 3 y ~ I~ n sae;;, ~a~'.~-, ~ ~;~A;::. uooi2 ,ago app le1K 6600 4 21 3 . °;c`::. 31 A4 Ac •m17, m+' ,m. O •~EC:~. ~IER':• .`'R14'.: <_AD:,. 5A Z 4.3 6400 S •t" et00 _ ,q 17 2600 C , C,,',• a4w ?0J m 4 N 8280 4r. OR ° o a..:: 700 e - 8200 D 2 ~,,on. ' $ 28 '''¢s ii]adl':; F Ke 861x1 1800 7800 `0 '1'Irr KJ J,eJO 4.66- 3 7600 CanOaued TMbt6 For. 2SI05DD 2100 2 a 7 700 4p .a 161 ',8061.2022.2000. tlw1 l w::, ° 1700 2101 F' 147. • ue 4c f,'~- .N A< 1100 Kew.-) 2300 ' 170 8.6121 YY K Ka,].]611 we°°eow 1ao 11t . Q KJ KJ J,aau 1300 I R $ Jig . hiss®SSPYD®P14 .n a I . 3 I ,n. ,nri ;•cArzroGriaeNr >r` T (a Ks e,eln - 23-7 3 KnO,aJn l l ~ Kan,u41 ;;•,Qp ;4J PLOT DATE: January 22, 2004 900 , l KJ13,2e23 Ke100 a di m, FOONLYEDONOTR LYONES _ _ _ 10 A°"0 d K l -nau. ` FOR OTHER USE 1200 I l II 51K )I ii a tAOk R _ n4JW M~wluO NMm -6M,dcn Iaa and amntl!awMmnCeA.s PM•» w•nuttl,s MURMas n,w l l I I : 1 C 1300 i 2400 114 I I I a4 J711G l_ MAC AY IM RwtIamMNbms2v3 R;3 23 78 SW R - R ea n l+a 6 Ke2,e2u SUNRISE ~ m,vauc ,4en4e LANE --"TIGARD jc 1 nrnn 7c 1 nRnn Lr CITY of TIGA ' ' F EE DR GEOGRAPHIC INFORMATION 3YeTEM V NL R VICINI'T'Y MAP F^- F KC W ZCA2005-00004. SUNRISE LANE O W ANNEXATION a Q a 0 z a - rnr6W,•s rrnv. LEA1\ ` .D M~S ~~tii 1 PAW74 -LET Tigard Alw Map L S HI SHIRE DR' • N I SUNRISE 400 60 C Feet p 200 0 ~ -11-412 feet A City of Tigard information on this map is for general location only and Q should be verified with the Development services Division. 13125 SW Hall Blvd 0 Tigard, OR 97223 (503) 639-4171 httpJ/w`wv.ci. tigafd. ocos Plot date: Oct 7, 2005: C:MaoIcWIAGIC03.APR J Community Development ► Abdtm M Agenda Item: Hearing Date: October 25, 2005 7:30 PM STAFF REPORT 1-T0`THE. CITY COUNCIL cmr of noaau FOR THE CITY'OF T dAR'D, OREG.ON'. co S. ,n. Sfiq ngA ~etterCo►nmun?ty . SECTION I. APPLICATION SUMMARY FILE NAME: SUNRISE LANE ANNEXATION CASE NO.: Zone Change Annexation (ZCA) ZCA2005-00004 APPLICANT: DR Horton, Inc, - Portland APPLICANT'S WRG Design, Inc. c/o J/T Smith Companies REP.: 5415 SW Westgate Drive 4386 SW Macadam; Suite 102 Portland, OR 97221 Portland, OR 97239 OWNER: Angelo and Rosina Cortese OWNER: Dwight and Paula Cash 15175 SW Sunrise Lane 14885'SW Sunrise Lane Tigard, OR 97224 Tigard, OR 97224 OWNER: James L Codiss OWNER:' Leslie and Carol Inman PO Box 23970 15630 SW Greens Way Tigard, OR 97224 Tigard, OR 97224 OWNER: Providence Newberg Health OWNER: Steven and Joan Nelson Foundation 14775 SW Sunrise Lane 25300 Lone Oak Street Tigard, OR 97224 Hillsboro, OR 97123 OWNER: Patricia Marshall OWNER: Richard & Michelle Crombie 14765 SW Sunrise Lane 15165 SW Sunrise Lane Tigard, OR 97224 Tigard, OR 97224 OWNER: Jennifer & Leighton Walsh 15169 SW Sunrise Lane Tigard, OR 97224 PROPOSAL: The applicant is requesting annexation of nine (9) parcels containing 19.95 acres into the City of Tigard. An additional adjacent 5.66 acres has been included by means of consent by Patricia Marshall, Michelle Crombie and Leighton Walsh. Therefore, this annexation is for twelve _ (12) parcels totaling 25.61 acres. CURRENT ZONING DESIGNATION: R-7, Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright.. Some civic and institutional uses are also permitted conditionally. LOCATION: North of Bull Mountain Road at 150th and Sunrise Lane; WCTM 2S105DD Tax Lots 400, 500, 600, 700, 1000, 1100, 1300, 1400, 1500, 1600, 1700 and 1800. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 6 ZCA2005-00004 - SUNRISE LANE ANNEXATION 10/25/05 PUBLIC HEARING APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and ORS Chapter 222. SECTION 11. STAFF RECOMMENDATION Staff recommends that the Council find ghat ttte .ptpposed annexation wilt not advrsely affect he health, safety and wetfare ofahe C{ty Therefore, Staff recommends APPROVAL of `the annexation by adoptlon'bf the attached ordinance and . consideration. of the addition of.the Sunrise Lane right-of-way where ~t abuts the subjecf:pareels. SECTION III. BACKGROUND INFORMATION Site Information and Pro osal Descri tion: parcel that is contiguous tot the city emits may apply for annexation at any time. The City requires that an applicant or property owner annex the property before submitting a land use application. The applicant/owner, DR Horton, has not applied for subdivision review at this time, ending approval of the proposed annexation. The total area represented in the applicants annexation request is 19.95 acres comprised of nine (9) parcels, three of which are contiguous to the present city limits along their northern boundaries. Three additional parcels, totaling 5.66 acres, located adjacent to the lots in the proposed annexation have been included by means of consents by Patricia Marshall, Michelle Crombie and Leighton Walsh. Therefore, this annexation is for twelve (12) parcels totaling 25.61 acres. NOTE: It is the City's practice to annex all rights-of-way adjacent to parcels being annexed. The right-of-way for Sunrise Lane was inadvertently omitted in the proposed boundary description and accompanying map. 'As this was discovered after notice had been sent, the Council should consider, under consultation with the City Attorney, adding the right-of-way of Sunrise Lane where it abuts the subject parcels. Vicinity Information: The subject properties are located North of Bull Mountain Road at 150th and Sunrise Lane; including Tax Lots 400, 500, 600, 700, 1000, 1100, 1300, 1400, 1500, 1600, 1700 and 1800, WCTM 2S105DD. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in tMs lcase are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and; Tigard Community Development Code Chapter 18.320. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Comprehensive Plan . Policy >I a 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 requires an ongoing citizen involvement program. Interested pparties and surrounding property owners within 500 feet have been notified of the public Fearing and notice of the hearing has been published in a newspaper of general circulation. The site has been posted since September 9, 2005. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 6 ZCA2005-00004 - SUNRISE LANE ANNEXATION - 10/25/05 PUBLIC HEARING Policy 10.1.1: The City shall review each of the following services as to adequate capacity, .or such services to be made available: to serve the parcel if developed to the most intense use allowed, and will not. significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: water, sewer, drainage, streets,- police, and fire protection. This policy requires adequate service capacity delivery to annexed parcels. The City' of Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the annexation request and have o,%ered no objections. Stag finds that there are two roads to the subject property (SW 147 Terrace and SW 150 Avenue), a 6" water line in SW 150th Avenue to Sunrise Lane, no sewer lines to the subject arcels, and drainage on the site.presently provided by two natural drainageways. Before the land is developed at Us designated capacity of 7 units to the gross acre, the subdivision review will require that adequate facilities are available and upsized if necessary to handle .the development. By providing this infrastructure, the site will have adequate service capacity. This policy is satisfied. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a non-remonstrance agreement regarding the following: The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district . The extension or improvement of the following: water, sewer, drainage and streets. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. Staff finds. that no L.I.D's currently encumber the subject parcels. All public infrastructure listed above will. have to be completed before the land is subdivided by a subdivision plat. The costs of providing. such services will be borne by the applicant. Since there are no capital improvements identified for this site, no non-remonstrance agreement is necessary. The City shall provide urban services to areas within the Tigard urban planning area ..or with the urban growth boundary upon annexation. The City of Tigard has an urban services agreement with Washington County for those areas within the City's urban growth boundary. This policy has been complied with. Policy 10.1.2: approval of proposed annexations of land by the city shall be based. on findings with respect to the following: the annexation eliminates an. existing "pocket" or "island" of unincorporated territory; or the annexation will not create. an. irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; the police department has commented upon the annexation; the land is located within the Tigard urban planning area and is contiguous to the city boundary; the annexation can be accommodated by the services listed in 10.1.1(a). This Policy pertains to boundary criteria for annexations. The proposed annexation will not eliminate an existing "pocket" or "island" of unincorporated territory; however the annexation will also not create an Irregular boundary making it difficult for police to determine whether a particular parcel is in or outside the city. The proposed annexation will incorporate the entire subdivision boundary for Sunrise Lane. All future lots within the subdivision will be inside city limits.. The police department has commented on the proposed annexation request and did not voice any objections. The land is within the Urban Services. Area inside the Urban Growth Boundary and is bordered by the city limits on the northern side. Services to the subject property are addressed above. This policy is met. Communi Development Code ec ion is 97e-ction addresses approval standards for, annexation proposals: STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 6 ZCA2005-00004 - SUNRISE LANE ANNEXATION 10/25/05 PUBLIC HEARING All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; Adequate service water, sewer, drainage, streets, police, and fire protection) capacity is available to serve the annexed parcels. The City of Tigard Police,. Engineering and Water Departments, NW Natural Gas, Tualatin. Valley Fire and Rescue, have all reviewed the annexation request and have offered no objections. Additionally, the adequacy and availability of services to serve the intended R-7 Medium Density residential development will be reviewed and conditioned as necessary as part of the Sunrise Lane subdivision review.. Therefore, this policy is satisfied. The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. Applicable Comprehensive Plan policies have been addressed above. The implementing .ordinance provisions of ORS 222, TCDC 18.390, and Metro Code 3.09 were followed in processing this annexation request. Conformance with other development code provisions will be addressed at the time the property develops: This standard has been met. Assignment of comprehensive plan and zoning designations. The comprehensive pan designation an a zoning ignation placed on the prope be the City's zoning district which most closely implements the City's or Cou1?hall s comprehensive plan map designation. - The assignment of these designons shall occur . automatically and concurrently, with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or/zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. The subject property is in the Urban Service Area and is zoned R-7 medium density residential, pursuant to the City. of Tigard's Urban Services Intergovernmental Agreement. (The R-7 zoning designation is consistent with the original Washington County's R=6 zonin designation as shown in the table below. The City's zoning was adopted by the County witg the City's R-7 zoning district when the Intergovernmental Agreement was signed between the county and the city to provide city planning services to this area. Therefore, the property does not-need to be rezoned upon annexation. According to Section 18.320.020.C, the City's Comprehensive plan and zoning designations occur automatically and concurrently with the annexation. Conversion table. Table 320.1 summarizes the conversion of the County's plan-and zoning esrgna ons to City designations which are most similar. (See table on the following page) STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 6 ZCA2005-00004 -SUNRISE LANE ANNEXATION 10/25/05 PUBLIC HEARING TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use . City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq. ft. Low density 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre R-9 Res. 9 units/acre R-12 Multi-family 12 units/acre Med. density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med. density6-12 units/acre R-15 Res. 15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre R-24 Res. 24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business District CBD Commercial Business District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrials Metro W15165 3.09 requires the additional standards to be addressed in.annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with. applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and Comprehensive Plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been discussed previously in this report and, as discussed, this criterion is satisfied. STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 6 ZCA2005-00004 - SUNRISE LANE ANNEXATION 10/25/05 PUBLIC HEARING s y Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plans; Because the Development Code has been amended to comply with applicable Metro functional plan requirements, by complyingg with the Development Code and Comprehensive Plan, the annexation is consistent with the applicable Functional Plan and the -Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision . of public facilities or services because it is adjacent to existing city limits and services, and the delivery of those services was anticipated as part of the urban services agreement which is intended to promote the timely, orderly, and economic delivery of those public facilities and services. If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the boundary change in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. SECTION V. AGENCY COMMENTS Washington County Department Of Land Use & Transportation, Verizon, Qwest Communications, Northwest Natural Gas, Beaverton School District #48, Comcast Cable Corporation, Portland General Electric, Metro Area Communications, Cleanwater . Services, Metro Land Use & Planning, Tualatin. Hills Park & Rec. District, Tualatin Valley Water District, Tualatin Valley Fire & Rescue, and Tigard/Tualatin School District 23J have had the opportunity to review the proposal and have offered no objections. BASED ON THE FINDINGS INDICATED ABOVE, PLANN4NG `STAFF RECQMI4IENDS APPROVAL .-OF ZONE CHANGE ANNEXATION (ZCA) 2005-00004. SUNRISE ::LANE' :ANNEXATION: October 11, 2005 ~D BY: Gary : enstec er . DATE Assocla a Planner October 11, 2005 car erso Panning Manager STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 6 ZCA2005-00004 - SUNRISE LANE ANNEXATION 10/25/05 PUBLIC HEARING ATTACHMENT 3 1 i Perldns Coie 112o N.W. Couch Street, Tenth Floor Michael C. Robinson Portland, OR 97209-4128 exam 303.727.2264 PHONE: 503.]2].2000 mrm: mrobinson@perkinscoie.com FAX: 503.727.2222 www.perkinscoie.com November 1, 2005 VIA EMAIL Mayor Craig Dirksen and Tigard City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: City of Tigard File No. ZCA2005-00004; Sunrise Lane Annexation Dear Mayor Dirksen and Members of Council: This office represents the applicant. The City Council treated the application as a quasi-judicial application pursuant to the process required by ORS 197.763. Prior to the close of the public hearing, one witness requested that the written record remain open. The City Council granted the request by approving the following schedule: • Until November 1, 2005 at 4:00 p.m. for all parties to submit argument and evidence. • Until November 8, 2005 at 4:00 p.m. for the applicant to submit final written argument only. • Until November 15, 2005 at 4:00 p.m. for the staff to provide final comment (no additional evidence to be submitted). The City Council will return on November 22, 2005 to make a tentative decision. This letter constitutes the applicant's submittal during the first open record period closing on November 1 at 4:00 p.m. Please place this letter in the official Planning Department file for this matter and before the City Council at its deliberation on November 22, 2005. [37891-0029/PA053050.0301 ANCHORAGE - BEIIING BELLEVUE BOISE CHICAGO • DENVER HONG KONG - LOS ANGELES MLNLO PARR. OLYMPIA PHOENIX PORTLAND - SAN FRANCISCO SEATTLE.- WASHINGTON, D.C. Perkins Coie LLP and Affiliates I I Mayor Craig Dirksen and Tigard City Council November 1, 2005 Page 2 1. The Application and the Consents to Annex Comply with the Applicable Requirements of Tigard Community Development Code ("TCDC") Chapters 18.320 and 18.390, ORS Chapter 222 and Metro Code Chapter 3.09. This application for annexation to the City of Tigard includes an application by D.R. Horton, Inc. - Portland and the J.T. Smith Companies and other property owners who voluntarily agreed to join the annexation. All of the consents to annex are freely given. Exhibit I is a letter from the Applicant's project manager stating that D.R. Horton, Inc. - Portland wishes to annex because of the desirability of having lots inside of a city and not in an unincorporated area. The opponents raised several arguments to the annexation process. First, they argue that because this annexation is occurring prior to a land use or limited land use application, it creates a "different standard for different annexations" and deprives interested parties of their legal right to due process. This issue fails to address any applicable approval criteria. The argument also fails to provide sufficient specificity as to what due process is lacking. The property owners seeking annexation are not opposed to the process used by the City. The person opposing annexation has an opportunity to object to the annexation based on approval criteria before the City Council. The City Council should find that the opponents have received all the process to which they are entitled. The opponents also argued that because the City has failed to use parks system development charges and traffic impact fees to serve the areas being developed, the City is violating the Inter-Governmental Agreement (the "IGA") between the City and Washington County which creates a "unfair situation" for developers and future residents. First, the payment of system development charges is neither an applicable approval criterion nor a requirement of annexation. Such payment occurs at the time a property owner applies for a building permit. Second, because this property will be inside the City of Tigard at the time system development charge payments are made, those funds will be used to improve parks and roads inside the City of Tigard consistent with local and state law governing the application and use of system development charges. The opponents fail to explain how this is either relevant to this annexation application or how it violates the IGA. [37891-0029/PA053050.030] 11101105 Mayor Craig Dirksen and Tigard City Council November 1, 2005 Page 3 The opponents also argued that annexation requirements cause lengthy delays for developers. No such delay. is present in this case. The opponents also argued that the City offers "waivers" from application of the Bull Mountain Community Plan ("BMCP") if developers consent to annex. No such waiver is found in this record. The opponents also argued that the annexation requirement is causing "irrevocable harm and stress" to the Bull Mountain community. This issue is irrelevant to any applicable approval criteria. Substantial evidence in the whole record before the Tigard City Council shows that this annexation is entirely voluntary. No promises have been made nor have any been sought regarding annexation. Exhibit 1 demonstrates that D.R. Horton, Inc. - Portland wishes to develop inside the City and not in an unincorporated area. Opponents to this annexation have attempted to cast doubt on the validity of the consents to annexation obtained by the City of Tigard. Whatever the concerns regarding consents may be in other annexations, there is no question in this case that the owners of the. property to be annexed and the electors in the annexation area have freely consented and wish to be incorporated into the City of Tigard. Supplemental evidence to that effect has been placed in the record. The practice of requiring consent to annexation as a condition of extending urban services extraterritorially is recognized in the state statutes and has been recognized by the Court of Appeals. Specifically, ORS 222.115 provides that "[a] contract between a city and a landowner relating to extraterritorial provision of service and consent to eventual annexation of the property of the landowner shall be recorded and, when recorded, shall be binding on all successors with an interest in that property." See also, ORS 198.869 and Bear Creek Valley Sanitary v. City of Medford, 130 Or. App. 24 (1994) (ORS 222.115 confers upon the city the ability to require a consent to annexation prior to the extraterritorial provision of city services)). There is nothing in the IGA between the City of Tigard and Washington County that prevents the City from exercising its authority under ORS 222.115 to condition the extension of its services upon consent to annexation. On the contrary, in the IGA the County expressly recognizes "the rights of the CITY and property owners to annex 137891-0029/PA053050.0301 11/01/05 r Mayor Craig Dirksen and Tigard City Council November :1, 2005 Page 4 properties using provisions provided by the Oregon Revised Statutes." IGA Sect. C.3. Conditioning the extension of extraterritorial services on consent to annexation is, as discussed above, a statutorily recognized element of the annexation process. It is also worth noting, given recent constitutional challenges to annexations based on the manner in which consents were obtained, that this annexation satisfies both forms of double majority annexation and the triple majority annexation provision contained in ORS 222.170(1).. As explained recently by LUBA, the triple majority method of annexation allows a city council to complete an annexation without the involvement of the electorate. Morsman v. City of Madras, - Or LUBA (LUBA No. 2003- 170, August 2, 2005). 2. Adequate Park Land is Not a Relevant Approval Criterion. Several witnesses argued that the annexation should be denied because of the lack of availability of park land or because the City has failed to purchase park land on Bull Mountain. The City Council should reject this argument for several reasons. Tigard Comprehensive Plan ("Plan") Policy 10. requires that the City review certain services as to adequate capacity or whether such capacity can be made available. The relevant services are limited to water, sewer, drainage, streets, police and fire protection. (Staff report at p. 3.) No applicable policy requires the City to consider the adequacy of park or open space in an annexation application. Further, open space requirements will be addressed at the subsequent land division stage. 3. Substantial Evidence Demonstrates that Roads are Adequate to Handle Expected Traffic Capacity. One witness argued that the annexation should be denied because of its traffic impact. The staff report at page 3 addressing Plan Policy 10. finds that there are roads available to serve the property to be annexed (SW 147th Terrace and SW 150th Avenue). Moreover, the City will require internal streets to be constructed and will require that off-site improvements be made, if necessary, at the land division stage. The application at page 7 states: [37891.0029/PA053050.030] 11101105 Mayor Craig Dirksen and Tigard City Council November 1, 2005 Page 5 "At the time of development, a traffic impact analysis will be prepared to measure the additional traffic volume in the proposed development and the capacity of the existing street network. All proposed streets pertaining to the development of the parcels will be improved to provide an adequate level of service concurrent with the Subdivision Review." 4. Bull Mountain Community Plan. Opponents have alleged that the proposed annexation is inconsistent with the requirements of the BMCP, which is part of the Washington County Comprehensive Plan. Applicant has reviewed the BMCP. Assuming that it could .properly be applied to an annexation by the City of Tigard, the BMCP does not address or create any approval criteria for annexation. The proposed annexation thus is not inconsistent with the BMCP. 5. Conclusion. For the reasons contained in this letter and the record, the applicant respectfully requests that the City Council approve the annexation. Very truly yours, Michael . Robins n MCR:lt Enclosure . cc: Ms. Julie Journeay(w/encl.) (via email) Ms. Mimi Doukas (w/encl.) (via email) Mr. Andrew Tull (w/encl.) (via email) Mr. Gary Firestone (w/encl.) (via email) 137891-0029/PA053050.0301 11101105 --.---.•Y----W - Real Estate Development October 31, 2005 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor Dirksen, I am the D.R. Horton, Inc. - Portland project manager for the Sunrise Lane annexation and subdivision application. I am writing this letter to respond to the issue concerning voluntary consent to annex to the City of Tigard. Certain Bull Mountain residents have argued that the consent to annex forms submitted with this application are invalid because they were not voluntarily granted. They reason that the city's requirement to annex prior to submitting land division applications is an unlawful requirement under the agreement between Washington County and the City of Tigard. D.R. Horton, Inc. - Portland and its agent, J.T. Smith Companies, is under no duress to annex. The applicant desires to annex to the City of Tigard so that its home purchasers will be a part of the city and are able to participate in the city's governance. The applicant also believes that inclusion in a city is something that our home buyers would desire. While these reasons are not required to be disclosed as a requirement to annex, they are evidence that the applicant has not been under any duress to annex to the city. Further, our sellers have also not been under any duress. All but one elector voluntarily signed the consent to annex form. This more than satisfies the double majority requirement tinder Oregon law. Very Truly Yours, C_. J fe Journea Smith mpanies u 4386 SW Macadam Avenue, Ste. 102 ■ Portland, OR 97239 (503) 657-3402 ■ Fax (503) 657-3625 EXHIBIT 1 Cathy Wheatley Re: Additions to Sunrise Lane/DR Horton Record T Page 1' From: Cathy Wheatley To: Lisa Hamilton-Treick Date: 11/2/2005 8:20:20 AM Subject: Re: Additions to Sunrise Lane/DR Horton Record Lisa, I have your e-mail regarding the above-referenced matter and will distribute copies to the Mayor and Council. Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy@tigard-or.gov "Lisa Hamilton-Treick" <Lisa@HamiltonRealtyGroup.com> 11/014:57 PM Mayor and City Council Member: I wish to add this additional testimony to the written record: 1) Urban services necessary for development ARE available to landowners/builders/developers in the areas of unincorporated Bull Mountain, not contiguous to Tigard's city limits. A number of examples are available in the south and southwest unincorporated areas of the mountain. It is unnecessary for properties to annex to receive services already available through the county and through contracted services under the WA Co./Tigard IGA. 2) It is my understanding that Tigard/Tualatin School District, in regards to Alberta Rider Elementary School, was told the city would withhold urban services to the school if TTSD did not consent to annex. When the city was questioned as to what services the city would withhold, TTSD was told the city would not perform the final inspection to permit the school to open unless the school was annexed. As a tax payer with an interest in the bonds, etc. passed to fund the school, I strongly object to the city's pattern of forcing consent to annex, especially as it relates to public property. 3) 1 wish to respond to a comment made by Planning Commission member, Gretchen Buehner, at the 10/25/2005 public hearing. Ms. Buehner stated the reason the Arlington Heights III development was delayed, was not due to City staff work overload, as stated in the CP04B resolution. Ms. Buehner stated it was due to issues regarding trees that the developer had with another jurisdiction. For the record, Mr. Weber clear-cut the property in the spring of 2004 (at the same time the Stanley property was clear-cut), apparently under a forest deferral. The area had been a thick stand of mature upland deciduous forest (possibly oak trees). It is my understand once the area was clear-cut Mr. Weber was unable to develop the land for one year, per IRS regulations. That year would have been up Spring, 2005. Perhaps Mr. Weber has issues left to deal with in regards to IRS requirements for forest deferral and/or issues to resolve with the US Forest Service. But, it is clear in the Arlington Heights III staff report that was not the cause for the delay. 4) 1 would also like to elaborate further regarding Mayor Dirksen's comment that the area (unincorporated Bull Mountain) would develop anyway, regardless of annexation to Tigard. The Mayor questioned how it would make for a different (better) development if the area was not annex to Tigard. I would like to bring to Mayor Dirksen's attention that any position the city takes to avoid compliance with the Bull Mountain Community Plan is harmful the Bull Mountain community and makes for less desirable development on the mountain. Cathy Wheatley-Re: Additions to Sunrise Lane/DR Horton Record Page Additionally, in many cases the Washington County development codes, particularly as they relate to actions on sensitive land are more stringent at the county level than in the City of Tigard. The best future for unincorporated Bull Mountain is provided by strict adherence to the Bull Mountain Community Plan through the appropriate codes, ordinances, zoning, and planning that most closely reflects the 1983 BMCP. Whether or not property will develop in unincorporated Bull Mountain is not the question. The question is HOW it will develop. 5) The draft ordinance for the proposed annexation (ZCA2005-00004) states: "Whereas, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard" And, the section II of the staff recommendation states: "Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City..." Additionally, at the time of the Washington Co./ City of Tigard IGA renewal, the city stated the agreement... "has been a benefit to the city..." The city lacks the funds to provide services to the area under consideration for annexation and is unable to provide any benefit to the proposed and newly annexed areas due to Tigard's serious financial issues. Annexation of unincorporated Bull Mountain is beneficial to the City of Tigard only in that it may slightly delay the city going into a deficit. However, if the city must provide much needed parks, roads, and other capital improvements to the area, the city cannot afford to do so. Regards, Lisa Hamilton-Treick Nov 01 05 05:21p HAMILTON REALTY 5035790862 p.1 Iriends Bull BuIlMtnNews.com ' Mountain RECEIVED C.O.T NOV 01 1005 F I,- Administrati To: City of Tigard (attn: Liz Newton) From: Lisa Hamilton-Treick l~ V ` ~1► Fax: 503-684-7297 Phone: 503.579,1203 Phone: Fax: 503.579.0862 Dat m 11/10/2005 Pages: 11 ❑ Urgent ❑ For Review ❑ Please Comrnerrt O Please Reply 0 Please Recycle 0 Cormnents: Liz, Please add the enclosed documents to the public record for the DR Horton annexation. The public hearing was held 10/25/2005 and record was kept open for seven additional days.. 1) Monahan/Hendryx memo, 10/4/2000, referencing SMCL and sensitive land- 2) Arlington Heights III Staff Report referencing delays and staff workload 3) City of Tigard letter to Commissioner Rogers regarding independent audit of Urban Services TIFs. 4) County memo from Marie Brown to Margaret regarding IGA funding questions, 6/28/2000. 5) County email fmm Mark Brown to Debbie Vallery regarding IGA funding, 6/28/2000 6) City of Tigard letter to Lisa Hamilton-Trick regarding required regular City/County meetings under IGA. 7) Email from Lisa Hamilton-Treick to Mark Brown requesting financial and meeting information from 4/28/2003 to present (April 11, 2005). Thanks, Liz. I appreciate your adding this to the record. Regards, Lisa Hamilton-Trcick Nov 01 05 05:21p HAMILTON REALTY 5035780862 p.2 CITY OF TIGARD Community (Development / SliaphV A BetterCommenity MEMORANDUM CITY OF TIGARD TO: Bill Monahan FROM, Jim Hendryx DATE: October 4, 2000 SUBJECT: URB Agreement. We have been operating under the URB agreement for approximately three years with an effective date of May 12, 1997. Overall, there has been little problem with the delivery of services to the area. The County's financial assistance this past year greatly assisted the department and maintained a positive fund balance for the program. Careful monitoring is essential for a continued positive financial picture. Periodic training is essential for the program to remain successful. As I explained with the recent issue of code enforcement, staff needs to be fully aware of the provisions of the agreement to insure proper responses are made. Mark Brown and I are scheduled to meet on October 19, 2000 to review the agreement and discuss any problems or conflicts. Brian. Gary, and Dick will also be attending the meeting with the County. Citizens also need to be reminded of the IGA. New citizens have moved into the service area since our initial public information effort- The City and County need to periodically update the residents and property owners of the provisions of the agreement. Residents feel caught in the middle with little or no representation. Specific problem areas associated with the agreement include: Knowing what to enforce on the Bull Mtn. Community Plan and how to apply the plan without implementation tools has created some confusion. Examples include Pacific Crest and Eagle's View subdivisions. Trees, slopes, and wildlife protection standards identified by the County created implementation problems for the City since we have different or no standards to enforce. Not having our code amendments effective immediately when adopted by the City for the URB area. While this has not occurred to date, HOP amendments for music teachers could be a potential problem that will arise shortly. Transition time from when we adopt, to the County's action, could create minor problems. Code enforcement authority for right-of-way issues. Our staff was not aware of this provision of the agreement. Furthermore, it is somewhat unclear what was envisioned. Trnininn and discussions with our counter parts at the County should resolve these issues. Nov 01 05 05:21p HAMILTON REALTY 5035790862 p.3 Practices Act. The applicant submitted a Grading and Erosion Control Plan (Sheet 4 of 14) for the proposed development and states in the narrative that a schedule for revegetation will be induded in the grading plan. The natural areas on the site will be protected pursuant to CWS standards ( see File No. 2688 and File No. 05-000672). Therefore, the applicant shall submit a revegetation schedule with a revised grading plan, consistent with this standard. 5. Because trees are such an important natural and scenic resource on SW Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The-slope stabilization and revegetation plan shall indicate the mature tree planned for removal and describe the replacement programs. Replacement trees must be of at least 1'/2-inch diameter. Prior to application for development review, the applicant obtained an Oregon Forest Practices Act ermit to harvest trees on Phase 1, Tax Lot 2100, which had previously been in forest deferral. One year Pater, the applicant applied for subdivision review. Therefore, "at the time of development", a portion of the subject parcel had been logged. However, two drainageways remained in tact on Tax Lot 2100. According to the Arborist Supplemental Report, dated July 5, 2005, 27 trees are proposed to be removed for streets crossing the vegetated corridor of a total of 114 trees. Therefore, with 76% of trees retained, the proposed development meets the retention standard for Tax Lot 2100. Phase II of the development proposal is comprised of Tax Lots 600 and 700. According to the arborist report dated April 18, 2005 and an Addendum dated June 20, 2005, 198 trees greater than 6 inches in diameter were identified and 134 are proposed to be removed. Therefore, with only 32% of the trees to be retained, the proposed development for Phase 11 does not meet the standard for retention. If all three tax lots are considered together, for both Phases I and II, the Arborist Report states that 439X, of trees greater than 6 inches in diameter are proposed to be removed. with the above figures Staff calculates that 51% (161 of 312) of trees greater that 6 inches in diameter would be removed, or 49% retained. Therefore, based on the foregoing analysis, Phase I meets the standard and Phase II does not meet the standard for retention. It should be noted that the information presented in the Arborist Report and its subsequent addendums and supplementals, is not readily applicable to the tree retention and mitigation standards. In addition, the applicant did not address the retention standard on a parcel by parcel basis as the standard would indicate or provided the information for staff to do so between Tax Lots 600 and 700 in Phase II. The applicant, however, made every effort to have the subject parcels annexed prior to developmei} review. Staff workload caused the applicant's annexation application to be reviewed months after its submittal and the City Council has delayed its decision over the past two weeks. Without these delays, the subject parcels would most likely be annexed and the Bull Mountain Community Plan would no longer apply to the subject parcels. Therefore, the Commission should consider whether to require a revised arborist report sufficient to address the standard and a revised Phase II (Tax Lots 600 and 700) to meet the standard. 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be preferred means of crossing streams and waterways rather than infill and piping or channelization of water flow. Two streams and their adjacent riparian zones cross the subject site in a northwest/southeast direction. They have been identified in the Jones and Stokes Natural Resource Assessments for Phase I (June 2003) and Phase II (March 2005). Protection and enhancement of these areas is addressed in the Clean Water Services provider letters submitted for this application. The Bull Mountain Community Plan identifies the northern drainage as significant Water Areas and Wetlands & Fish and Wildlife Habitat. Nov 01 05 05:21p HAMILTON REALTY 5035790862 p..4 March 3, 2005 CITY OF TIGARD OREGON Commissioner Roy i~.ogcrs board of Commissioners Washington County Administrative Office 155 N. hirst Avenue, Suite 300 Millsboro, OR 97124 Dear Commissioner Ropers: This is in response to your request for information rcrnrdink the issues rniscd by .Keshmira McVey in her eni.l it message of Febmary 26, 2005. The City o['Tigard has becn collecting the T1F in the Urban Services area since 1907 when the original ICiA was executed. 'T'hose collections included the Walnut fsland and atncill:uy ishands. Walnut Island was annexed in May 2000 and transfer of jurisdiction for the streets in the Walmit Island (Gaarde Street, Walnut Street, and 121 st Avenue) took place in August 2000. Prior to the annexation of Walnut Island, two of the City Councilors (as part of the effort to select projects for the Transportation Bond measure in the year 2000) wrote to the 13oard of Commissioners asking for funding assistance: to upgrade these three streets. Enclosed is the letter that was sent back in October 1999. Also enclosed is the response from Tom Briars stating that the, County would provide assismace through its MSTIP and '1'1F programs .for the upgrading of the infrastructure. Although the bond measure diet riot pass, the City has been in the process of upgrading these streets during the past few years with Gaarde Street as the top priority. As a result, the City has been using part of the 'I'1 h collections in the Urban Services Area to supplement (::ity'i'll- funds in upgrading Gaardc Street, Walnut titreet, nand 121st Avenue. The use of County TIF in the Urban Services Area was discussed and approved in principle by Mike Borres(»i, the County I;nFQ xieer at that time. The specific request for use of County '171 in the Gaardc Street, Walnut Street and 12)" Avenue projects was submitted by the City in February 2003 and approved by the Washington County Coordinating C:onunittee in its March 10, 2003 meeting. Enclosed is a copy of the letter that I sent in February 2003 requesting approval Jronn the County Transportation Advisory Corimittee -in(] Coordinating Committee. J_,Xhibit 4 in the agreement executed in September 2002 states that the funds collected from the date of the agrcerr►cnt should be spent in the area identified in that agreement. The City has not spent any funds collected from that area since that date. Any funds expended to expand those major strcets in the Walnut Island area have conic from the collections in theUrban Services area prior to that date. The collections ['or FY 2002-03 and FY 2003-04 add up to around $517,000. The Roshak Road/Bull Mountain Road intousection irnproverricni (estimated at $175,000) is within the 13125 SW Hall C31vc1, Ti(1(ir(J. OR 0/223 (M3) 639-4171 TDI) (503) 684-2772 - - - - Nov 01 05 05:22p HAMILTON REALTY 5035790862 p.5 unincorporated area and has been approved by the County for implementation. The t)alance remaining is held in resc.rVC; for any future projects within the aereeirlcnt area jointly agreed to by both the County and the City. Regarding the other issues raised by Keshmira McVey, the City and the County have both stated that the unincorporated urban residents .receive City services for which they do not pity amounts equal to City residents. "These services are for operations (police, library, parks) and not capital- The City recovers overhead charges from all of its operations regardless of 1"unding source to rcllcet the true costs of thCNc operations (as if they were a stand alone operation). Fence, the Tif- Lhban Services Fund is charged along with. other fdruds for overhead costs. This is a standard business principlc; practice of jurisdictions throughout the country and the City's practice has been reviewed.ind audited by the City's independent financial auditor. If you have any questions or need additional information, please do not hesitate to contact me_ Sincerely, P. DUIE,NAS, P.F. tyc PUSTIrN . E ngineer r h,'nclosures c:' Mayor and City Councilors Craig Prosscr, Tnterim City Manager Tom findiuke, Acting Finance DI*Tector ~ Mrobvaveeersvetty to my mgen on the UM of Count et for wWe.n WWd strcw.da: 1 .GtiCr to Roy Rogers Regarding McVey Issues 11,ige 2 ol-?. Nov 01 05 05:22p HAMILTON REALTY 5035790862 p.6 6/28/00 Margaret: Thoughts on Tigard IGA re. Land Development and Bldg. Services: We sent them $220,000 initially in 1997; $205,000 from Bldg, and $15,000 from Land Development; this was to cover their cost associated with additional staff that they said they needed, and to administer active permits in the area; their revenue and expenditure sheet only shows a beginning balance of $190,000 - what happened to the remaining $30,000 that we sent? We could argue that the city is not eligible to receive such payments because they have not provided us with quarterly status reports as required by the agreement; probably not a cool thing to do, but this experience points up the need to insure that they make regular reports, and that we are checking to make sure that they do so. • Some policy questions/issues: Since L.D. is a fee-supported operation, this becomes an overhead type expense, paid for by other developers outside of the Tigard IGA area; is that fair/equitable? Is it legal to use our building permit fees in this way? The next time we consider a fee increase, we will have to add an increment to cover Is it reasonable to have limits on the extent of the costs that we should have to absorb? There is not much incentive under this arrangement for the city to operate efficiently if we are standing by to bail them out? They could mismanage their various programs and assign all or a portion of their costs to us; e.g., as permit activity declined in the Bull Mtn. area, if they had laid off employees sooner, would our cost be less and even zero? The city had previously sought a building permit fee increase, which they were not entirely successful in securing; the State found that they had not adequately justified their full request. To what extent are we covering a cost that they could not justify to the state? Should we be responsible for this? As the costs to the County rise under this agreement, is there a point at which we will say enough and terminate or amend the agreement? ~ apE,~CX=x~ ~S,1c~m ~U~..nuxr mb t c;, C iCY0 ►5,tx~ ~~c7r~~~uz9c~w~~a.►t 1. ~ ~~.,an✓E., 5035790862 p•7 Nov 01 05 05:22p HAMILTON REALTY Mark Brown From: Debbie Vanery Sent: Monday, June 26, 2000 5:06 PM To- Mark Brown Subject: City of Tigard IGA We paid the City of Tigard a lump sum of $220,000. $205,000 was from the Building Fund and $15,000 was from Development Services. In reviewing the City's detail in regard to their beginning balance, revenues and expenditures, it is unclear to me where the other $15,000 of Building Fund money is located (205k - 190k). Shall I contact Gary Lampella and see whether he has any insight or would you rather address this through the memo? Thanks Page 1 Nov 01 05 05:22p HAMILTON REALTY 5035790862 p•8 March 18, 2005 Lisa Hamilton Treick CITY OIL TIGARD 13565 SW Beef Bend Road OREGON Tigard, OR 97224 RE: REQUEST FOR INFORMATION You have asked for information on annual meetings based on the Urban Services Intergovernmental Agreement between the City of Tigard and Washington County (IGA)_ Specifically, the IGA states: "IV. OPERATING PROCEDURES AND RELATIONSHIPS "The COUNTY and CITY agree: "A. Operational Expenses "1. Meet annually with COUNTY and give accounting records of the CITY's fund for these services that describe the cost of services and the revenues generated during the year. CITY shall also make estimates about levels of services, staffing requirements and revenue projections for the next year. The annual meetings shall aid in determining the fund transfers that are set in the annual meeting as described below. "2. Maintain a separate fund and detailed accounting records for each functional area and funding source covered by this agreement. "3. Be in compliance with all other provisions of this agreement." The IGA also states: "E. Annual Review "COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November 1 and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an evaluation of the effectiveness of the agreement, procedures, and the delivery of service in meeting the requirements of the agreement. The annual review shall also evaluate the costs of providing the services, reimburse the CITY for operating deficits described in section IV(A), and adjust such moneys that are transferred to the CITY to render services under this 13125 Sl/ /c~ Ir i aE l ~~bn° ~t~A2Te2t erQgo ?a iamii on77nEckD~ (503) 684-2772 0 5035790862 p•9 Nov 01 05 05:22p HAMILTON REALTY agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Board and Council within 30 days of such meeting. The Board and Council agree to take action on such request consistent with this agreement." You have specifically asked for accounting records specified in the IGA (IV. Operating Procedures) between Washington County and the City of Tigard. As requested, I am attaching copies of applicable accounting records from the City. Some of these you may have already received. The Intergovernmental Agreement calls for annual meetings where accounting and operational issues can be discussed separately (Sections IV. A & E). Initially, both jurisdictions met as called out in the agreement. After a few years, it was mutually determined that the meetings s e ific to the A were not necessary because the staffs are in touch more frequent y. It is important to state, however, that the necessary exchange of information, including financial reports, building activity, and any concerns continue to occur between Washington County and the City of Tigard. Akigilk, lt~ In the case of Tigard, the City Manager has been regularly updated on the status of the IGA. Monthly meetings continue to occur between the County Administrator and the City Manager where issues of concern are discussed. Joint meetings also occur between the Board of Commissioners and City Council. In addition, the City's Budget Committee, which includes City Council members, are provided with both historical and projected cost of services and revenue generated in the Urban Services Area. In conclusion, as the IGA has been carried out over the past several years, operational practices have been tailored to meet the needs of the two jurisdictions. The sharing of information, infQrmaLas i m appear, has met the intent of the agreement. The City of Tigar is in regular contact with its County counterparts. I realize you are frustrated with how long it has taken to get the information you requested. It was necessary that I have the time to talk to staff and review the records to ensure that you receive what you asked for. Given current projects and scheduling conflicts, this took longer than anticipated. I understand you have been in touch with the County requesting the same information, which they are also providing. /JAMES N.P. HENDRYX Director of Community Development Enclosures C: Washington County, Land Uso and Transportation Department I:ICDADMUERREEUIM1Genoral\K>A letter to Lisa Hamilton Trieck.doc Nov 01 05 05:22p HAMILTON REALTY 5035790862 p.10 Page I of 6 Main Identi From: "Lisa Hamilton-Treick" <LisaPHamikonRealtyGroup.com> To: "Mark Brown" <Mark BrownL&co.washington.or.us> Cc: "Kathy Lchtola" <Kathy_Lehtola@co.washington.or.us> U ' Sent: Monday, April 11, 2005 10:16 AM Subject: Re; Tigard UPAA Thanks for sending the 1997 1GA, Mark. I'll look forward to receiving it in the mai I in the next day or two. In regards to the lack of information between 4/28/03 and the present. Can you explain why their is no infon-nation at all'? Have there been no meetings r l or emails, reports, records, or communication of any kind as required under v ~U the IGA since April 2003? That doesn't make sense to me. What happened? V Regards, 1.1sa I lam I I ton -Trei ck I've included my request from 4/3 below. L. -----Original Message---- * From- Lisa Hamilton-Treick (mailto:Lisa(c HamiltonRealtyGroup.com] * Sent: Sunday, April 03, 2005 9:19 PM To; Mark Brawn (E-mail) Cc: Kathy Lehtola Subject: Fw: Records request Mark, =r Thank you so much 11or the packet of information I received on Saturday. I :i know it's not easy to go back all the way to 1997 to pull up information. Thanks for the elFort that went into gather the information. 'T'here are a couple of things I noticed in reviewing the packet you sent. > First, the packet didn't include a copy of the original IGA from 1997. 1 tried to locate it on line to save you the trouble and was unable to do SO, Would you mind II)rwarding me a copy. Electronic is best, if it is > available. > Also, I noticed there is no information in the packet from 4/28/2003 to the present, with the exception of recent correspondence [Tom Dick Franzke dated > 3/17/2005 and 3/25/2005. Would you mind providing copies of > correspondence, > meetings and reports from the two year period that was not included in the packet. > Again, I do appreciate your time and attention to providing me with the 4/ 1 1 /2005 LAw Offlus of IOSSEISON, POTTER & RObERTS THE GREGORY • SUITE 306 RECEIVED C' 425 NW LOTH AVENUE -PORTIANd, OREGON 97209 TELEPHONE: (503) 228-1455 NOV 0 1 Mi Administration November 1, 2005 75 [ HAND DELIVERED Tigard City Council Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Re: ZCA2005-00004 Mayor Dirksen and Members of the Council: I represent the Friends of Bull Mountain and Lisa Hamilton-Treick in connection with the above numbered annexation proposal. My clients oppose the annexation. Ms. Hamilton-Trieck and other people who testified in opposition own and reside on property on Bull Mountain in the vicinity of the proposed annexation. Their interests will be adversely affected by development of the annexation property in a manner contrary to the Bull Mountain Community Plan, and without the necessary public services and infrastructure which the City is not capable of providing to meet existing needs or the additional needs that will be generated by the development. The Friends of Bull Mountain is a nonprofit corporation organized to further the interests of property owners and residents on Bull Mountain. Its interests are to protect those interests so that the proposed annexation also adversely affects its interests. Accompanying this letter are documents that relate to the issues described below. The documents are listed on an attachment. As you know, a number of concerns have been expressed by witness over this annexation and others preceding it. This letter focuses on three issues that are implicated by statutory and local approval criteria applicable to this annexation. They are: 1. Inability of the City to provide services. 2. Amendment of applicable comprehensive plan provisions without necessary procedures or support. 3. Failure to obtain necessary property owner consents. LAWRENCE R. DERR FACSIMILE: (503) 228-0171 OF COUNSEL E-MAIL: )PR@)PRIAW.COM JOSSEISON, POTTER & RObERTS Tigard City Council Page 2 - November 1, 2005 The basis for these issues is explained below. 1. Inability of the City to provide services. The City Comprehensive Plan Policy 10.1 lists essential public services and requires as a condition to annexation an assurance that the City will be able to provide those services at an adequate level to the most intense use allowed on the annexation property while not significantly reducing the level of services available to land already within the City. City Code Section 18.320.020B. L requires that "All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area." The information in the existing record is wholly conclusory and incapable of supporting the necessary findings. The information submitted with this letter from City sources in fact demonstrates that the City cannot assure an adequate level of services to existing City land, let alone to this or other annexation properties. The Mayor's letter recognizes that cuts to existing service levels will be required in the absence of additional revenue, which additional revenue cannot be assured. The City staff comments in the Oregonian article confirm that the City cannot meet the needs created by the traffic from new development. The Arlington Heights subdivision staff report explained that Bull Mountain Community Plan requirements would not have been applicable if the property had been annexed prior to development, but staff workload delayed processing an annexation proposal for months. 2. Amendment of applicable comprehensive plan provisions without necessary procedures or support. The Washington County Bull Mountain Community Plan text applies to this unincorporated Washington County property pursuant to Article VIII of the Washington County Community Development Code. The BMCP imposes among other things, restrictions on tree cutting, grading and street layout and connectivity. It includes the County's identification and regulation of natural resources in compliance with LCDC Goal 5. The City asserts that this annexation will end the applicability of the BMCP simply by operation of City Code Section 18.320.020C. The effect of that action is a substantive plan amendment. There are no provisions in the City's Comprehensive Plan comparable to or that address important provisions of the BMCP. The City has done no Goal 5 planning for the annexation property, so that by eliminating the BMCP it would be adopting plan provisions in violation of Goal 5. It's action fails to address other JOSSE[SON, POTTER & RObERTS Tigard City Council Page 3 - November 1, 2005 LCDC Goals applicable to the area as well. Simply applying general policies of the City's Plan is not sufficient to demonstrate Goal compliance for this property. The City has also failed to comply with applicable procedural requirements for a substantive plan amendment. In fact, nothing in the description of this proceeding or the public notice for it identifies that a plan amendment is involved, let alone does-it describe the amendment or the criteria applicable. There is no indication that the necessary notice to LCDC has been given. 3. Failure to obtain necessary property owner consents. The City states through its staff report that the City requires that an applicant or property owner annex the property before submitting a land use application. That information has been related to the property owners and applicants in this proceeding. A property owner that intends to develop his/her property or sell it for development has no choice but to apply for annexation. If the City has no authority to make the demand for annexation in this case, then the application for annexation was obtained under false pretenses and does not in fact constitute a consent to annexation. This property is subject to the Urban Services Intergovernmental Agreement between the County and the City. Applications for property development prior to annexation are subject to County jurisdiction and land use plans and regulations.. The County through Article VIII has modified its regulations and adopted some City provisions for the unincorporated property. Through the IGA, the City has agreed to process applications for development of unincorporated property under those regulations. There is no evidence that this property could not meet applicable requirements and develop under those regulations. The City has no authority to require annexation as a condition to development approval. Therefore, there are no valid property owner consents to annexation. Very truly yours, a/0, Lawrence R. De JOSSEISON, POTTER & RObERTS ATTACHED DOCUMENTS Mayor's letter in September, 2005 edition of Cityscape October 27, 2005 Oregonian article quoting City officials regarding inability to provide street improvements to meet needs of new development Excerpt from subdivision staff report earlier this year for Arlington Heights subdivision application Washington County Community Development Code, Article VIII Washington County - Tigard Urban Planning Area Agreement signed July, 2004 Urban Services Intergovernmental Agreement between City of Tigard and Washington county, dated November, 2002 7. Bull Mountain Community Plan accompanied Mr. Derr's 11/1/05 letter regarding ZCA2005-0004 but was not included in the list of attachments. See #7 attached. Cathy Wheatley -11-2-05 C.j September 2005 www.ci.tigard.or.us Volume XXIII No. 6 r Mayor's Mayor's corner I City of Tigard's Family Festival Dear Fellow Citizens, Due to rising costs, from fuel to i Join us for a week of family-friendly activities and events! utility costs to employee health I Skate Park Fesf, Sot. 9110 Music Night, Wed. 9/14 insurance, each year the city's budget I Noon to 8 p.m. - City Hall parking lot site 7 p.m. - Library Community Room goes up about eleven percent (110/6) on average just to maintain city Free music, games, skate competitions. Enjoy the music of the Tualatin Valley services at their current levels. At the I Bring empty pop cans bottles to Community Band & the Tigard High jazz same time, because of legal limitations I support the Skate Park! Ensemble. to property tax increases, the city's i Ice Cream Social, Sun. 9111 Family History Night, Thur. 9115 revenues only increase each year by 16 to 8 p.m. - library Community Room 3 to 9 p.m. Latter-day Saints Church at about four and a half percent (4%%). I hosted by Tigard 2000 lions 15555 SW 98th Street (near Durham Rd) As you might guess, this cannot I Honor those serving overseas in the From 3 to 9 p.m. genealogy specialists continue for long before our reserves I military, celebrate the city's birthday will be on hand to help you do a are exhausted and our budget goes I with free ice cream treats and a short computerized search of your family's into deficit. To prevent this, I have I fireworks display! Bring used eye- history. Free! Beginning at 7 p.m., asked Council to fonn a task force I glasses or hearing aids in any condition families can create craft projects made up of private citizens from I for the Oregon Lions Sight and Hearing together! Tigard to study this issue and deter- I Foundation. Game Night, Fri. 9/16 mine a course of action. This could I Movie Night, Mon. 9/12 7 p.m. - Tigard High School include cuts to service levels and 17 m. - Tigard Cinemas redactions in staff, or increases in fees I p Cheer on the Tigers as they play Central I and perhaps a local option property I Bring the whole family (and a can of Catholic. I food) to see a first run movie. Freel tax levy to increase revenue. Of I 5K Run/Walk, Sat. 9117 course, any increase in property taxes I Share a Meal,-9112 & 9113 9 a.m. - starts at City Hall, ends at LDS would require a vote of the people. I Enjoy family discounts at these restau- Church on North Dakota But whatever the decision, it must be I rants: Cafe Allegro, Coffee Cabana, This is a free family friendly race. arrived at through the direction of ( Davidson's, Hometown Buffet, La Strollers encouraged! Register via email you, the public. The task force will be I Tapatia, and the Tigard Sub Shop. See at tigard5k®gmail.com. meeting at 6:30 p.m. on i page 3 for details. Family Heritage Day, Sat. 9117 September 21, October 26, Novem- 1 to 6 p.m. - Library Community' Room ber 30, and December 21 in the I Story Time. Tues. 9/ 13 7 p.m. - Library Community Room Enjoy free music, dance, and food from Tigard Water Auditorium. You are cultures that reflect our families' heri- invited to attend the meetings and I Enjoy the storytelling of Alton Chung. Birthday cupcakes will be served. Free! tages. provide input on what future steps should be taken to address the city's financial future. Working together, we can find a solution. 'There will be canned food collection boxes at each event for the n~ St. Vincent de Paul food pantry at St. Anthony's I to benefit local families. ,J Craig Dirksen, Mayor L--------------------------- J TIGARD CITY COUNCIL: MAYOR CRAIG DIRKSEN, SALLY HARDING, SYDNEY SHERWOOD, NICK WILSON, TOM WOODRUFF OregonLive.com's Printer-Friendly Page http://www.oregonlive.com/printer/printer.ssf?/base/metro_southwes... OreiegonUvGxo I Evarything Cragcm Pe Tigard looks at development fee for roads Growth The city engineer says current fees can't meet increasing traffic demands Thursday, October 27, 2005 LUCIANA LOPEZ The Oregonian The city of Tigard is considering a new fee on development that would help pay for added traffic due to growth. "There's nothing concrete," said Tom Imdieke, the interim city finance direction. "We're just beginning" to look into the option. The city gets about $910,000 a year from county traffic impact fees, according to the 2005-06 budget. Tigard also uses some funds from state and county gas taxes to pay for increasing road capacity, Imdieke said, but he noted that those funds are limited. "The city has traditionally not used the general fund for that purpose," he added. "We simply haven't been able to afford to." Gus Duenas, the city engineer, said he and lmdieke would be meeting in coming weeks to discuss a possible system development charge, including figuring out how much to charge and how to use the money. Duenas said the city is looking into the new charges because the county traffic impact fee doesn't pay for all the added traffic caused by new development. There's no estimate yet on how much new charges could raise for the city, but Duenas said any money raised needs to help pay for expanding roads, not maintaining them. A proposal eventually could go before the City Council, Duenas said, although other city commissions also may be involved. System development charges are one-time fees levied on new development or some types of redevelopment to help pay for infrastructure needs resulting from growth. Under state law, system development charges can be used only for certain capital improvements and not for ongoing maintenance or operations. Tigard's taking a hard look at its budget, because the city projects that it will go into the red as of the 2008-2009 fiscal year. Duenas noted that the city might call in a consultant for help if Tigard decides to pursue a system development charge. "It's going to be a learning experience for us, too," he said. "We want to do it right." Luciana Lopez: 503-294-5976; lucianalopez@news.oregonian.com 02005 The Oregonian 1 of 1 10/31/05 5:12 PM Oct 26 05 01:43p HAMILTON REALTY 5035790862 p.5 Practices Act. The applicant submitted a Grading and Erosion Control Plan (Sheet 4 of 14). for the 14 proposed development and states in the narrative that a schedule for revegetation will be included in the grading plan. The natural areas on the site will be protected pursuant to CWS standards ( see File No. 2688 and File No. 05-000672). Therefore, the applicant shall submit a revegetation schedule with a revised grading plan, consistent with this standard. Because trees are such an important natural and scenic resource on SW Bull Mountain, ( development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development Z. design and clearing for structures shall provide for maximum retention of old growth c~ trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The-slope stabilization and revegetation plan shall indicate the mature tree planned for removal and describe the replacement programs. Replacement trees must be of at least 1 %~-inch diameter. 4f Prior to application for development review, the applicant obtained an Oregon Forest Practices Act permit to harvest trees on Phase 1, Tax Lot 2100, which had previously been in forest deferral. One year ater, the applicant applied for subdivision review. Therefore, "at the time of development", a portion of the subject parcel had been logged. However, two drainageways remained in tact on Tax Lot 2100. According to the Arborist Supplemental Report, dated July 5, 2005, 27 trees are proposed to be removed for streets crossing the vegetated corridor of a total of 114 trees. Therefore, with 76% of trees retained, the proposed development meets the retention standard for Tax Lot 2100. r 'n Phase If of the development proposal is comprised of Tax Lots 600 and 700. According to the arborist -p report dated April 18, 2005 and an Addendum dated June 20, 2005, 198 trees greater than 6 inches in diameter were identified and 134 are proposed to be removed. Therefore, with only 32% of the trees to be retained, the proposed development for Phase 11 does not meet the standard for retention. If all three tax lots are considered together, for both Phases I and 11, the Arborist Report states that 43% of trees greater than 6 inches in diameter are proposed to be removed. with the above figures Staff calculates that 51% (161 of 312) of trees greater that 6 inches in diameter would be removed, or 49% retained. Therefore, based on the foregoing analysis, Phase I meets the standard and Phase li does not meet the standard for retention. It should a noted that the information presented in the Arborist Report and its subsequent addendums and supplementals, is not readily applicable to the tree retention and mitigation standards. In addition, the applicant did not address the retention standard on a parcel by parcel bass as the standard would indicate or provided the information for staff to do so between Tax Lots 600 and 700 in Phase 11. The applicant, however, made every effort to have the subject parcels annexed prior to development review. Staff workload caused the applicant's annexation application to be reviewed months after its submittal and the City Council has delayed its decision over the past two weeks. Without these delays, the subject parcels would most likely be annexed and the Bull Mountain Community Plan would no onger apply to the subject parcels. Therefore, the Commission should consider whether to require a revised arborist report sufficient to address the standard and a revised Phase II (Tax Lots 600 and 700) to meet the standard. 6_ Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be preferred means of crossing streams and waterways rather than infill and piping or channelization of water flow. Two streams and their adjacent riparian zones cross the subject site in a northwest/southeast direction. They. have been identified in the Jones and Stokes Natural Resource Assessments for Phase I (June 2003) and Phase 11 (March 2005)_ Protection and enhancement of these areas is addressed in the Clean Water Services provider letters submitted for this application. The Bull Mountain Community Plan identifies the northern drainage as significant Water Areas and Wetlands & Fish and Wildlife Habitat. -11C S - V'yo',t ~~txQ,co Ii.` S 3~t poA~ f 10c„+ 0--c-01- wos P ARTICLE Vlll LAND USE AND ZONING FOR CERTAIN PORTIONS Vlll-1 OF UNINCORPORATED CITY OF TIGARD AREA 801-1 Intent and Purpose The purpose of this Article VIII is to establish the regulations applicable to that area of land generally described in the County's West Tigard Community Plan and the Bull Mountain Community Plan, including Walnut Island and an area north of the` Tualatin River and East of Highway 99, but excluding the area immediately adjacent to King City, all as more specifically established on the map attached as Exhibit 1 to this Ordinance, on the legal description attached as Exhibit 1A (affected area). 801-2 Scope 801-2.1 Applicability Land and structures within the affected area may be developed only in a manner consistent with this Ordinance. This Ordinance applies to any person developing land and structures and to the successors in interest of such persons and to any process associated with such development. 801-2.2 Application Submission All applications for any local government approval of any kind within the scope of this Ordinance shall be submitted for review and approval or denial, together with the appropriate application or other fee required by resolution adopted under the procedure set forth in this Ordinance. 801-3 Transition 801-3.1 This Ordinance applies to all applications and actions failing within its scope or commenced or initiated on or after May 1, 1997. Applications within the scope of this Ordinance submitted to the County prior to May 1, 1997 and which are also subject to ORS 215.428, shall be processed under the regulations in effect at the time the application was first submitted, unless the applicant provides a written request to the County that this Ordinance apply to the pending applications and including a waiver of the 120-day processing limitation provided in ORS 215.428 adequate to enable a final local decision on the pending application under the regulations imposed by this Ordinance, which includes all local appeals. 801-3.2 The determination regarding the adequacy of the applicant's requested waiver of the above referenced 120-day limitation period shall be made in the sole discretion of the County or its designee, which designation may be expressed by an implementing intergovernmental agreement or other means, and shall not be subject to any local appeal. The determination regarding the adequacy of the applicant's proposed 120- day waiver shall be reviewable only as provided in ORS 34.010 to 34.100. 801-3.3 Where County development approval has been previously granted or a building permit issued prior to the effective date of this Ordinance, the approval or building permit for which such prior County approval has been granted is subject only to those County standards governing such approval or permit on the date approval is finally granted or such building permit is finally issued. Provided, however, alleged violations of such County standards shall be prosecuted under the code enforcement, nuisance and other administrative provisions adopted by this or other Ordinance specifically governing the affected area. Nothing in this Ordinance is Date printed 11/25/04 V111-2 ARTICLE Vlll LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORATED CITY OF TIGARD AREA intended to prevent ORS 215.428 from governing the standards applied to evaluate certain applications, as required by law. 801-4 Replacement 801-4.1 As specified herein, this Ordinance replaces the existing Washington County Community Development Code standards applicable to all development and development proposals within the scope of this Ordinance and within the affected area, with the City of Tigard Community Development Plan. Specifically, this Ordinance replaces the Maps of the West Tigard Community Plan and the Bull Mountain Community Plan with Exhibit 1 and 3; replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive Plan, including the City Comprehensive plan background documents, provided however, the Framework plan shall apply to quasi-judicial plan amendments. 801-4.2 All inconsistent County regulations, including Community Development Code provisions, whether adopted by Ordinance or resolution, are hereby determined to be inapplicable to development and application for development within the affected area, that are also within the scope of this Ordinance. The determination of inconsistency shall be made by the applicable County decision-maker, unless such authority is delegated and transferred to a City authority pursuant to an implementing Intergovernmental Agreement. All City regulations adopted by this Ordinance hereby become regulations of the County and, therefore, are deemed part of this CDC Article VIII. 801-5 Interpretation Questions regarding the regulations or plan provisions applicable to individual development and applications therefore, and to what extent such regulations or plan provisions apply, shall be resolved by the decision-maker to whom such request is directed. 801-6 Definitions 801-6.1 Generally: The definitions contained in the City regulations specifically adopted by this Ordinance shall apply to all matters governed by this Ordinance. 801-6.2 Application: Means any request for a local action of a type falling within the scope of this ordinance. 801-6.3 City: Means the City of Tigard. However, where the word "City" appears in a City of Tigard Ordinance provision herein adopted, the word "City" shall mean County, but nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.4 City Administrator: Means the City Administrator for the City of Tigard. However, where used in a City Ordinance provision adopted by this Ordinance, City Administrator shall mean County Administrator. Provided however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. Date printed 11/25/04 ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS VIII-3 OF UNINCORPORATED CITY OF TIGARD AREA 801-.6.5 City Attorney: Means an attorney representing the interests of the City of Tigard. However, where used in a City Ordinance provision adopted by this Ordinance, City Attorney shall mean County Counsel. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.6 City Employee: Means an employee of the City of Tigard. However, where used in a City Ordinance provision adopted by this Ordinance, City Employee shall mean County Employee. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.7 City Finance Director: Means the finance director of the City of Tigard. However, where used in a City ordinance provision adopted by the County in this Ordinance, shall mean County Finance Director. Provided however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.8 City Council: Means the City of Tigard City Council. However, where used in a City Ordinance provision adopted by the County in this Ordinance, the word Council or City Council shall mean Commissioners or County Commissioners. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.9 County: Means Washington County. Provided however, nothing in this Ordinance nothing shall prohibit the County from transferring and delegating authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.10 Community Development Director: Means the Community Development Director for the City of Tigard. Where used in a City Ordinance provision adopted by the County in this Ordinance, the words Community Development Director shall mean the Washington County Director of Land Use and Transportation. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City Community Development Director or other City authority by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.11 Development: Means any building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels or lots, including partitions and subdivisions as provided in ORS 92. 801-6.12 Hearings Officer: Where used in a City Ordinance provision adopted by the County in this Ordinance, the word Hearings Officer or Hearings Official shall mean the Washington County Hearings Officer or Hearings Official. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City Hearings Officer or other City authority by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. Date printed 11/25104 V111-4 ARTICLE Vlll LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORATED CITY OF TIGARD AREA 801-6.13 Planning Commission: Where used in a City Ordinance provision adopted by the County in this Ordinance, the word Planning Commission shall mean the Washington County Planning Commission. Provided however, nothing shall prohibit the County from transferring and delegating such authority to the City Planning Commission or other City authority by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.14 Roads: Means any public way designed for use by vehicular traffic including automobiles, motorcycles, trucks, transit and bicycles, including rights of way. 801-7 Consistency with Plan and Laws 801-7.1 Consistency with State and Federal Law It is intended that this Ordinance be consistent with applicable state and federal law. To the extent that provisions of state or federal law are determined to have mandatory application to the affected area and to any application or activity otherwise governed by this Ordinance, the mandatory, applicable state or federal law shall be applied as if fully set forth hereat. 801-7.2 Consistency with Statewide Planning Goals This Ordinance involves land subject to three types of County land use districts and designations. These zoning districts are Residential, Industrial and two County overlay districts - the District B Overlay and the Area of Special Concern Overlay. The District B overlay and Area of Special Concern overlay continue to apply, unchanged. The City and County plan designations and zoning districts at issue here (Residential and Industrial) are functional equivalents in all respects, including for purposes of County Statewide Planning Goal (Goal) compliance. Both the County and City Residential and Industrial zoning districts and plan designations are acknowledged as being in compliance with the Goals by the Land Conservation and Development Department. With regard to the Residential designations and districts, this Ordinance is neutral with regard to the County's Goal 10 (Housing) compliance. There are no direct or secondary effects on the Board's continued Goal 10 compliance. This is because after review, the County interprets its acknowledged County residential designations and districts to authorize and support equivalent housing opportunities, both in type and cost, to those City designations and districts herein adopted. Regarding other Goals, no goal impact, either direct or secondary will occur by the change from acknowledged County designations and districts to City designations and districts. Equivalent opportunities with respect to citizen involvement, open spaces, air, land and water quality and quantity, economic opportunities and access thereto, recreation, public facilities and services and transportation are provided under the adopted City designations and districts, as was available under the County designations and districts herein replaced. No changes to safety and natural disaster awareness or health issues are made or presented by this Ordinance. The area is within the Metro UGB and, therefore, is presumptively available for urbanization. In any case, the acknowledged County designations and districts were Date printed 11/25/04 ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS V111-5 OF UNINCORPORATED CITY OF TIGARD AREA acknowledged at urban densities for urban level uses, and continue to be available for the same. The County Industrial zoning district and plan designation is at issue within the affected area only with respect to a single, particular property (subject property). This County Industrial zoning is replaced with the City's Light Industrial District and corresponding City plan designation. The Board interprets its own code to mean, for Goal compliance purposes, the only meaningful difference between the City Light Industrial zone district and plan designation and the County's Industrial zone and plan designation, is the City's Light Industrial zone (LI) allows convenience sales, and the County Industrial District does not. However, as with the Residential districts and designations, both County Industrial and City LI district and designations are acknowledged as being in compliance with the Goals and both can be, and are, equally applied to the subject property without any adverse direct or secondary effects on County Goal compliance. Under either the County Industrial or City LI plan designation and zoning district, the subject property may be utilized for industrial purposes. Moreover, the subject property is substantially limited by a 100-year flood plain, identified on Federal Emergency Management (FEMA) maps as covering approximately 3/4 of the subject property. This would be a substantial limitation on the development of the subject property for heavier industrial uses in any case. In addition, the subject property is currently being considered for acquisition by the Clean Water Services for public purposes, which purposes may not directly contribute to the economy of the County or State or the County's industrial base. The subject property is not within an industrial park and is not specifically relied upon by the County or identified by it as a significant County industrial land asset. The County specifically interprets its own code to mean the extent of the subject land's suitability for County industrial purposes in any case is consistent, for Goal 9 compliance purposes, with the uses authorized under the City LI district and plan designation. There is no Goal 9 (Economy of the State) or other direct or secondary Goal impact from applying the City's LI zoning district to the subject property. The County's Goal 5 inventory and program are entirely preserved by this Ordinance. Therefore there are no Goal 5 impacts, whether direct or secondary, from the adoption of this Ordinance. Furthermore, because this Ordinance was initiated prior to the effective date of the new Goal 5 administrative rules, the County is not required to apply the newly revised Goal 5 administrative regulations, in any case. There are no Goal 12 (Transportation) impacts, either direct or secondary, as no transportation facility or standards is affected in a way affecting the County's Goal 12 compliance by the County's legislative adoption of acknowledged City regulations herein and the adoption of functionally equivalent City zoning districts and designations to the affected area. In sum, this Ordinance triggers no Goals and has no other direct or secondary Goal effects. This is because acknowledged County and City Goal programs are preserved and effective and, where changed, the Board interprets its own code to mean the replacement regulations are substantially similar to those replaced. This Ordinance simply provides a means for intergovernmental cooperation in an effort to provide more efficient and cost effective public service to the citizens of the affected area as well as the City of Tigard and Washington County. Date printed 11/25/04 VIII-6 ARTICLE Vlll LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORATED CITY OF TIGARD AREA 801-7.3 Consistency with County Charter This ordinance is intended to be consistent with the adopted County Charter. In the event of a determination of inconsistency, the charter shall control. 801-7.4 Comprehensive Plan This Ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the maps of these two community plans to apply the functionally equivalent zoning districts and plan designations of the City of Tigard to these areas, as shown on the attached Exhibit 1 map, which map contains land more particularly described on the attached Exhibit 1A legal description, both of which are herein incorporated. Provided, however, the Bull Mountain Community Plan resource overlay districts (District B and Areas of Special Concern) are preserved and carried forward in this Ordinance as shown on the attached Exhibit 3 also herein incorporated. The Board specifically interprets the amended maps to be consistent with the West Tigard and Bull Mountain Community Plans governing the affected area. The Board specifically interprets this Ordinance as being consistent with the County Comprehensive Framework Plan because the Framework plan is implemented through the community plans with which the this Ordinance is consistent. Because it does not apply to non-plan amendment individual decisions, the Framework Plan is replaced by the City Comprehensive plan provisions, provided however, the Framework plan shall continue to apply to quasi-judicial plan amendments. In addition, the imported City zoning districts and approval standards are functional equivalents of those of the County. The proposal is also consistent with the County Transportation plan governing the affected area as the County Transportation plan, to the extent it applies to individual decisions, applies unchanged in the manner stated in the Bull Mountain Community Plan. 801-8 Land Use Related Standards Applicable to the Affected Area 801-8.1 Roads and sidewalks The City's Title 15.04 "Streets and Sidewalks" is hereby adopted by the County as if fully set forth hereat as local regulatory standards applicable to streets and sidewalks within the affected area, as those terms are defined by the City of Tigard Municipal Code. These provisions are supplementary to those Street and Utility and Improvement Standards specified in City of Tigard Community Development Code Title 18.164, also incorporated herein, as specified below. 801-8.2 Zoning and Planning The following County land use designations and districts within the affected area are replaced by the following City land use designations and districts. The West Tigard Community Plan and Bull Mountain Community Plan maps and any other maps covering the affected area, are hereby amended to reflect the following designations and districts, in addition to reflecting the herein preserved County overlay.districts (District B and Areas of Special Concern) shown on attached Exhibit 3. Exhibit 1 reflects the following designations and districts: Date printed 11/25/04 ARTICLE Vlll LAND USE AND ZONING FOR CERTAIN PORTIONS V111-7 OF UNINCORPORATED CITY OF TIGARD AREA Land Use District/Plan Designation Washington County Land Use Districts/ Plan Designation City of Tigard Zoning City of Tigard Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq ft Low density 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR. 5,000 sq ft Medium density 6-12 units/acre R-9 Res. 9 units/acre R-12 Multi-family 12 units/acre Medium density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Medium density 6-12 units/acre R- 15 Res. 15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre R-24 Res. 24 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre IND Industrial I- L Light Industrial Light Industrial 801-8.3 Adopting City of Tigard Community Development Code Title 18 A. Except as specifically provided to the contrary in this Ordinance, both the City's Title 18 "Community Development Code" and the City Comprehensive Plan in effect on October 10, 2002, are hereby adopted by the County as the sole local regulatory standards, background, justification and guidance applicable to applications for any and all land uses requiring ministerial or quasi-judicial decision making within the affected area, as if such standards, background, justification and guidance were fully set forth hereat. The City's Title 18 "Community Development Code" and the City Comprehensive Plan in effect on November 26, 1998 are repealed. B. County Technical Assistance County employees shall provide requested technical assistance to City Officials applying the County Ordinance provisions established below, according to a methodology mutually established by the County and City in an implementing intergovernmental agreement. (1) Legislative Decision Making (a) The Washington County. Community Development Code (CDC) provisions and County Comprehensive Plan provisions governing legislative decision making continue to apply to the affected area and such legislative Decision Making within the affected area may only be undertaken by the County in the manner specified in the CDC and County Comprehensive Plan provisions. (b) The County shall coordinate all legislative decisions in the affected area with the City and shall consider all City suggestions. The manner in which such coordination shall be accomplished will be specified in the implementing intergovernmental agreement. (2) West Tigard Community Plan and Bull Mountain Community Plan Text The textual provisions in the County West Tigard Community Plan and the Bull Mountain Community Plan continue to apply to the affected area in the same manner as before enactment and implementation of this Ordinance. Date printed 11/25/04 V111-8 ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORATED CITY OF TIGARD AREA Provided, however, the Comprehensive Framework plan shall not apply to individual permit decisions made regarding development and proposals for development within the affected area, because the Board hereby interprets the Comprehensive Framework Plan as applicable only to quasi-judicial plan amendments and as guidance in the adoption of community plans and accompanying maps and zoning ordinances. The Comprehensive Framework plan shall continue to apply to applications for quasi-judicial plan amendments. (3) Rezoning Affected Area, Amendment to Community Plan Maps The affected area is hereby rezoned to the City zoning districts and City plan designations as established on Exhibit 1 and in a manner preserving the Bull Mountain Community Plan District B overlay district and the Areas of Special Concern, as shown on the attached Exhibit 3. The Board specifically determines and interprets its CDC, Comprehensive Framework and Community Plans to establish the City zoning districts and plan designations imposed under this Ordinance and shown on Exhibit 1 are functional equivalents of the County land use standards, districts and designations previously applied to the affected area. The Maps of the West Tigard Community Plan and the Bull Mountain Community Plan are hereby amended to conform to the designations and districts imposed under this Ordinance and its Exhibit 1 as well as Exhibit 3. (4) Nonconforming Uses The CDC 440 provisions governing nonconforming uses shall be the sole local standards governing all nonconforming uses within the affected area, including any uses becoming nonconforming as a result of the adoption of this Ordinance. Applications concerning nonconforming uses shall be subject to the process herein adopted specified in the Tigard Zoning Code Title 18 to which City nonconforming uses are subject. (5) Acknowledged County Goal 5 Standards The County has identified certain Goal 5 resources on particular land within the affected area. These identified Goal 5 resources are shown on the attached Exhibit 2, which exhibit is attached hereto and incorporated herein by this reference. The County designation of land as having a Goal 5 resource, including any such future designations, any development and approval standards from the CDC, Comprehensive and Community Plans applicable to these Goal 5 resources shall continue to apply, notwithstanding that the affected area is hereby rezoned to City zoning districts and planning designations. In this regard, the County specifically determines the County District B overlay shall continue to apply to the affected area as shown on the attached Exhibit 3. In addition, the County Areas of Special Concern shown on the attached Exhibit 3 shall also continue to apply to the affected area. Review of applications subject to, and resolution of issues regarding, County Goal 5 inventory and County Goal 5 implementing standards shall follow City procedures applicable to "Sensitive Lands" as specified in Title 18 of the Tigard Zoning Code, adopted herein. Date printed 11/25/04 ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS V111-9 OF UNINCORPORATED CITY OF TIGARD AREA (6) Home Occupations The City's regulations applicable to Home Occupations are hereby adopted by the County, except that the following additional CDC standards shall be applied to all applications concerning Home Occupations: (a) Outside storage of inventory, equipment, vehicles or other items associated with the Home Occupation is prohibited; and (b) Distribution of materials or sales of any kind outside of the home and structures accessory to the home is prohibited; and (c) Parking of a commercial vehicle used as part of the home occupation, including a truck or fifth wheel, tractor or trailer of any kind, is prohibited. 801-9 Severability If any portion of this Ordinance is for any reason determined to be invalid or unconstitutional by any court or administrative tribunal having jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the remaining portions of this Ordinance, which shall continue to have full force and effect. Date printed 11/25/04 'M 4 shkgt0R County £ Tigard-' is~rban;~lann~ng~Area:~Agreem_ent,~ a THIS AGREEMENT is entered into by WASHINGTON COUNTY, a political subdivision in the State of Oregon, hereinafter referred to as the "COUNTY", and the CITY OF TIGARD, an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY". WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents, have authority to perform; and WHEREAS, Statewide Planning Goal #2 (Land Use Planning) requires that City, County, State and Federal agency and special district plans and actions shall be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter \ 197; and WHEREAS, the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the means by which comprehensive planning coordination within the Regional Urban Growth Boundarywill be implemented; and WHEREAS, the CITY and COUNTY have entered into cooperative agreements with special service districts for fire and life safety; water; parks, recreation and open space; sanitary sewer; and surface water services, consistent with ORS 195.020; and WHEREAS, the CITY and COUNTY have entered into the Tigard Urban Service Agreement with Clean Water Services,,Tigard Water District, TriMet, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue and Tualatin Valley Water District, consistent with ORS 195.060 to 085; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent comprehensive plans, consider it mutually advantageous to establish: 1. A site-specific Urban Planning Area within the Regional Urban Growth Boundary within which both the COUNTY and the CITY maintain an interest in comprehensive planning; 2. j A process for coordinating comprehensive planning and development in the Urban Planning Area; 3. Policies regarding comprehensive planning and development in the Urban Planning area; and Washington County - City of Tigard UPAA October 2003 Page 2 4. A process to amend the Urban Planning Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: 1. Location of the Urban Planning Area The Urban Planning Area mutually defined by the COUNTY and the CITY is the Tigard Urban Service Area and includes the area designated on Exhibit "A" to this agreement. H. Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Implementing Regulation I. Definitions Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including, but not limited to, sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. - "Comprehensive Plan" amendments do not include small tract comprehensive plan map changes. Implementing Regulation means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. "Implementing regulation" does not include small tract zoning map amendments, conditional use permits, individual subdivision, partition or planned unit development approval or denials, annexations, variances, building permits and similar administrative-type decisions. 2. The COUNTY shall provide the CITY with the appropriate opportunity to participate, review and comment on proposed amendments to or adoption of the COUNTY comprehensive plan or implementing regulations. The CITY shall provide the COUNTY with the appropriate opportunity to participate, review and comment on proposed amendments to or adoption of the CITY comprehensive plan or implementing regulations. The following procedures shall be followed by the COUNTY and the CITY to notify and involve one another in the process to amend or adopt a comprehensive plan or implementing regulation: a. The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall notify the other Washington County - City of Tigard UPAA October 2003 Page 3 agency, hereinafter the responding agency, of the proposed action at the time such planning efforts are initiated, but in no case less that 45 days prior to the final hearing on adoption. The specific method and level of involvement shall be finalized by "Memorandums or Understanding" negotiated and signed by the planning directors of the CITY and the COUNTY. The "Memorandums of Understanding" shall clearly outline the process by which the responding agency shall participate in the adoption process. If, at the time of being notified of a proposed action, the responding agency determines it does not need to participate in the adoption process, it may waive the requirement to negotiate and sign a "Memorandum of Understanding". b. The originating agency shall transmit draft recommendations on any proposed actions to the responding agency for its review and comment before finalizing. Unless otherwise agreed to in a "Memorandum of Understanding", the responding agency shall have ten (10) days after receipt of a draft to submit comments orally or in writing. Lack of response shall be considered "no objection" to the draft. C. The originating agency shall respond to the comments made by the - responding agency either by a) revising the final recommendations, or b) by letter to the responding agency explaining why the comments cannot be addressed in the final draft. d. Comments from the responding agency shall be given consideration as part of the public record on the proposed action. If after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. e. Upon final adoption of the proposed action by the originating agency, it shall transmit the adopting ordinance to the responding agency as soon as publicly available, or if not adopted by ordinance, whatever other written documentation is available to properly inform the responding agency of the final actions taken. B. Development Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Requiring Notice means an action by a local government which requires notifying by mail the owners of property which could potentially be affected (usually specified as a distance Washington County - City of Tigard UPAA October 2003 Page 4 measured in feet) by a proposed development action which directly affects and is applied to a specific parcel or parcels. Such development actions may include, but not be limited to, small tract zoning or comprehensive plan amendments, conditional or special use permits, individual subdivisions, partitionings or planned unit developments, variances, and other similar actions requiring a hearings process which is quasi-judicial in nature. 2. The COUNTY will provide the CITY with the opportunity to review and comment on proposed development actions requiring notice within the designated Urban Planning Area. The CITY will provide the COUNTY with the opportunity to review and comment on proposed development actions requiring notice within the CITY limits that may have an affect on unincorporated portions of the designated Urban Planning Area. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of proposed development actions: a. The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall send by first class mail a copy of the public hearing notice which identifies the proposed development action to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than ten (10) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive a notice shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The agency receiving the notice may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered "no objection" to the proposal. C. If received in a timely manner, the originating agency shall include or attach the comments to the written staff report and respond to any concerns addressed by the responding agency in such report or orally at the hearing. d. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. Washington County - City of Tigard UPAA October 2003 Page 5 C. Additional Coordination Requirements 1. The CITY and the COUNTY shall do the following to notify one another of proposed actions which may affect the community, but are not subject to the notification and participation requirements contained in subsections A and B above. a. The CITY or the COUNTY, whichever has jurisdiction over the proposed actions, hereinafter the originating agency, shall send by first class mail a copy of all public hearings agendas which contain the proposed actions to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than three (3) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive an agenda shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The agency receiving the public hearing agenda may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered "no objection" to the proposal. C. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. III. Comprehensive Planning and Development Policies A. Active Planning Area 1. Definition Active Planning Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possible. The CITY Active Planning Area is designated as Area A on Exhibit "A". 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. Washington County - City of Tigard UPAA October 2003 Page 6 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan, required by OAR 660-11 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for, redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. 6. Approval of the development actions in the Active Planning Area shall be content upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area. B. Area of Interest 1. Definition Area of Interest or Primary Area of Interest means unincorporated lands contiguous to the Active Planning Area in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY Active Planning Area. The CITY Area of Interest within the Urban Planning Area is designated as Area B on Exhibit "A". 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest. The COUNTY has entered into an intergovernmental agreement with the CITY for the CITY to provide land development services on behalf of the COUNTY within the Area of Interest. Through this intergovernmental agreement the CITY also provides building services and specific road services to the area on behalf of the COUNTY. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Area of Interest. Washington County - City of Tigard UPAA October 2003 Page 7 C. Annexations 1. The COUNTY and CITY recognize the CITY as the ultimate service provider of the urban services specified in the Tigard Urban Service Agreement. The COUNTY also recognizes the CITY as the ultimate local governance provider to all of the territory in the Tigard Urban Service Area, including unincorporated properties. So that all properties within the Tigard Urban Service Area will be served by the CITY, the COUNTY and CITY will be supportive of annexations to the CITY. 2. The CITY and COUNTY desire to transfer COUNTY services to the CITY in an orderly and efficient manner upon annexation so that service provision to residents and businesses will not be interrupted or diminished. i 3. In order to provide for the orderly transfer of COUNTY services to the CITY, the CITY and COUNTY recognize annexation plans as the most appropriate method to annex properties to the CITY. Annexations to the CITY, however, shall not be limited to an annexation plan and the CITY and COUNTY recognize the rights of the CITY and property owners to annex properties using the other provisions provided by the Oregon Revised Statutes. All annexations shall be consistent with the provisions of the Tigard Urban Service Agreement. 4. So that there will be an orderly transfer of COUNTY services to the CITY as a result of annexations, the CITY and COUNTY shall enter into an inter-governmental agreement which specifies how the two will comply with the requirements of Section I. G. of the Tigard Urban Service Agreement no later than February 2, 2004. r 5. The CITY agrees in principle to a plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area within the CITY Area of Interest. Not contrary to the foregoing, the CITY reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the CITY pursuant to Oregon Revised Statutes. 6. U exation of lan in the Area of Interest to the CITY, the CITY agrees to convert COUNTY plan designations to CITY plan designations which most closely approximate the density, use provisions and standards of COUNTY designations. Furthermore, the CITY agrees to maintain this designation for one year after the effective date of annexation unless both the CITY and the COUNTY Planning Directors agree at the time of annexation that the COUNTY designation is outdated and an amendment may be initiated before the one year period is over. Washington County - City of Tigard UPAA October 2003 Page 8 D. Special Policies 1. The CITY and the COUNTY shall provide information, of comprehensive planning and development actions to the Community Planning Organizations (CPO) through the notice procedures outlined in Section III of this Agreement. 2. At least one copy of any COUNTY ordinance which proposes to (1) amend the COUNTY comprehensive plan, (2) adopt a new plan, or (3) amend the text of the COUNTY development code shall be mailed to the CITY within five (5) days after its introduction. 3. At least one copy of any COUNTY ordinance which proposes to rezone land within one (1) mile of the corporate limits of the CITY shall be mailed to the CITY within five (5) days after its introduction. 4. The City of Tigard, City of Beaverton and Washington County have agreed to the following stipulations regarding the connection of Murray Boulevard from Old Scholls Ferry Road to the intersection of SW 121St Avenue and Gaarde Street: a. The City of Tigard, City of Beaverton and Washington County agree to amend their respective comprehensive plans to reflect the following functional classification and design considerations: 1. Designation: Collector 2. Number of Travel Lanes: 2 (plus turn lanes at major intersections) 3. Bike Lanes: Yes 4. Right-of-Way: 60 feet (plus slope easements where necessary) 5. Pavement Width: 40 foot minimum 6. Access: Limited 7. Design Speed: 35 M.P.H. 8. Minimum Turning Radius: 350 to 500 feet 9. Parking Facilities: None provided on street Washington County - City of Tigard UPAA October 2003 Page 9 10. Upon verification of need by traffic analysis, the connection may be planned to eventually accommodate additional lanes at the Murray/Old Scholls Ferry and Murray/New Scholls Ferry intersections. 11. The intersection of the SW 135`h Avenue and Murray Boulevard connection will be designed with Murray Boulevard as a through street with 135`h Avenue terminating at the Murray connection with a "T" intersection. 12. The general alignment of the Murray Boulevard connection is illustrated in Exhibit "B". b. Any changes to the land use designations in the Murray Boulevard connection area shall be coordinated with all jurisdictions to assure that traffic impacts are adequately analyzed. C. The City of Tigard, City of Beaverton and Washington County shall support improvements to the regional transportation system as outlined in the adopted Regional Transportation Plan (RTP). 5. The COUNTY and the CITY will execute a Memorandum of Understanding outlining the methodology for transferring COUNTY records regarding land use activities to the CITY when property is annexed to the CITY. IV. Amendments to the Urban Planning Area Agreement A. The following procedures shall be followed by the CITY and the COUNTY to amend the language of this agreement or the Urban Planning Area Boundary: 1. The CITY or COUNTY, whichever juri sdiction originates the proposal, shall submit a formal request for amendment to the responding agency. 2. The formal request shall contain the following: a. A statement describing the amendment. b. A statement of findings indicating why the proposed amendment is necessary. C. If the request is to amend the planning area boundary, a map which clearly indicates the proposed change and surrounding area. Washington County - City of Tigard UPAA October 2003 Page 10 3. Upon receipt of a request for amendment from the originating agency, the responding agency shall schedule a review of the request before the appropriate reviewing body, with said review to be held within 45 days of the date the request is received. 4. The CITY and COUNTY shall make good faith efforts to resolve requests to amend this agreement. Upon completion of the review, the reviewing body may approve the request, deny the request, or make a determination that the proposed amendment warrants additional review. If it is determined that additional review is necessary, the following procedures shall be followed by the CITY and COUNTY: a. If inconsistencies noted by both parties cannot be resolved in the review process as outlined in Section IV (3), the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 90 days of the date it is determined that a proposed amendment creates an inconsistency, and shall be completed within 90 days of said date. Methodologies and procedures regulating the conduct of the joint study shall be mutually agreed upon by the CITY and the County prior to commencing the study. b. Upon completion of the joint study, the study and the recommendations draw from it shall be included within the record of the review. The agency considering the proposed amendment shall give careful consideration to the study prior to making a final decision. B. The parties will jointly review this Agreement every-two (2) years to evaluate the effectiveness of the processes set forth herein and to make any amendments. The review process shall commence two (2) years from the date of execution and shall be completed within 60 days. Both parties shall make a good faith effort to resolve inconsistencies that may have developed since the previous review. If, i after completion of the 60-day review period inconsistencies still remain, either party may terminate this Agreement. C. The COUNTY and CITY, in conjunction with other Washington County cities, shall begin in 2004 to update all_.count}c =citurban planning area agreements so they address planning .issues and initiatives that have occurre since 1988. l V. This Agreement shall become effective upon full execution by the COUNTY and the CITY and shall then repeal and replace.the Washington County - Tigard Urban Planning Area Agreement dated October 25, -19888.The effective date of this agreement shall be the last date of signature on the signature'pages. Washington County - City of Tigard UPAA October 2003 Page 11 IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF TIG By Date: 04- Mayor- Approved as to Form: By ofa---r -;L~ City Attorney Washington County - City of Tigard UPAA October 2003 Page 12 WASHINGTON COUNTY By Date: - - o y Chair, Board of County Commissioners Approve as o Form: By: Sr County Counsel By Date: 7-& -D`/ Recording cretary i EXHIBIT A Tigard Urban Planning Area T,•..,cs csrr.':'aaan I I b. rb.rMAn. Ala V~r 1!v! YFM 1-d.1 r 4 ® - r l A ig ow a smrmo ® IF u Z17 f it - 3 , `t _ t C UG l O .eF n~. l r Did ri~ f i p Q NMI FL LSIfr OQ Op-r I Ury I~ b ~ 4 W W 1 Washington County - City of Tigard UPAA October 2003 Page 14 MURRAY BLVD. CONNECTION GENERAL ALIGNMENT m EDIT B 5 eoa 602 UR3M PLANS* MMA AGPESlO 1 601 60. 501 107 301 eoo 108 300 toe 101 1100 100 200 g 7101 1200 1302 ` 1300 . 100• 201 101 200 MURRAY BLVD. CONNECTION =M6r 02 05 07:03p HAMILTON REALTY 5035790862 p.1 o~,)- 0616Y • 62 Attachment 1 URBAN SERVICF,S IN'TF:RGOVERNMENTAI, A(;REJi M'.F N'I' BF,TWFFN CITY OF TiGARD AND WASHINGTON COUNTY 'T'his agreement is entcrc(l into this day of , 2002, by WASH IN( ('ON COUNTY, hcreinafer "COUNTY" and the CITY Oh TIGARD, hereinafter "CITY", both political subdivisions of the State of"Oregon, WHEREAS, ORS 190.007 provides for the. furthering of economy and efficiency in local government and that intcrgoverturtental coopenation is a matter of state wide concern; and WIIEREAS, ORS 190.010 provides that unite of jfovernTrrcrtt may enter into agreements for the performance of any and all functions and activities that a party to the agreement, its officers or agencies have authority to perform; and WHEREAS, Article !V((1)(2) of the Urban Planning Area Agreement called fora study of the transfer of responsibility for certain urban services frorn the cot wry to the ciTY to determine the cost effectiveness and feasibility of this transfer; and WIiGRE AS, the COUNTY and the. CITY believe it is in the best interCSt of efficiency and economy to transfer responsibility of certain services to the local unit of government consistent with the objectives of ORS 195; WHEREAS, the (_:OUN'I'Y and the City entered into an urban services TGA dated May 12, 1997 and now wish to update that agreement; WHEREAS, this agreement provides for a newly designed method to provide governmental services, is unique to the p:►rtics, and is subject to amendment; it is not intended to be used as a model agreement ror other jurisdictions; URBAN SERVICES INT1;R(;0VI:RNMI:NTAL AGREL-MEN'ff1'i(;ARD/WAS111N(;I'ON (:Ql1N7Y part 1 nn/n9/7nns WRTI 17•n6 rTX/RX Nn ssdtil 0nni Mar f32 05 07:08p HAMILTON REALTY 5035790862 p.9 Attaclunej►t t NOW, T(IPREFORE,'111F. COUNTY ANT) TILE CITY AGREE AS FOI.J.OWS: 1. ARi:A AFFJ-,("l'FD BY ACrlt -4,MENT A. 'Ibc area affected by the intergovernmental agreement is (leiMed by Exhibit "I" to this agreement and is hereinafter referred to as the "area." 11. DELEGATION OF AUTHORITY A. The COUNTY agrees to delegate to the CITY any and all additional authority that it possesses and which is needed by the CITY to carry out planning, development, road functions and other related activities within the area. The effective date and terans of the delegation of authorityarc as provided for in this agreement. Among the actions to be authorized pursuant to this provisions will be; 1. Provision of planning information to applicants for development review for all land development proposed for the area- 2. Performance of pre-application confercnces_ 3.. Preparation of staff reports and performance of site visits for pending applications. 4. C CK)T(lination and provision of public notice of land use applications- 5. Collection of fees pertaining to development applications, building permits right-of-way use fees, systems development charges and traffic impact fees. 6. Presentation of staff recommendations pertaining to land use proposals at public hearings. 7. Preparation of administrative decisions for those applications that do not require public hearings, in keeping with the Tigard Community Development Code. A. Conducting of public hearings before the land use approval authority as provided by the Tigard Community Development Code. 9. Conducting of appeal hearings before the land use approval authority as provided by the Tif and Community Development C:odc. 10. Preparation of final orders for all final decisions made pursuant to this agreement. 11. Representing the CITY in any appeal of a decision made by the CITY under this agreement to LUBA or any other court and representing the CITY in URBAN SERVICP..S INTERGOVL- NMENTAL AGREEMI 1111GARDIWASI uNCi r0N COUNTY 1'agc 2 nn /nn /nAAr [OTT 19. nn /mv /AV 1tn rr A9 \ ~.1 nnn Mar 02 05 07:03p HAMILTON REALTY 5035790862 p.2 ' Attacl~rncnt 1 mandamus actions or any other act ions in state or federsrl court.. 12. Review of constnrction uctivitics related to development approvals granted pursuant to this agreement for compliance with conditions of development approval. 13. Coordination with engineering and other appropriate staff for review and approval of public facilities related to development application and constniction. 14. Interpretation of the applicable comprehensive plan and implemcntin}; regulations for the area. 15. Txcrcisc of subdivision authority within the area. 16. I'roccssinf; And issuance of building permits for all construction activities within the area. Performance of all building inspecting and enforectrtcnt relating to permits issued. 17. Surface maintenance anti improvcmca,~ ofroads within the area; all ether routine maintenance Shull be provided by County. is. Issuance of all access permits and right of way use anti right-of-way constriction permits for the area. 19. Enforcement of code and permit violations including: a. Ocvclopment :Ind zoning violations b. Building code violations c. Conditions of approval violations d. Right of way permit violations c. Road and street hazards 20. Reviewing OLCC and DMV land use compatibility statements. 21. Collection of Park System Dcvclopmcnt Charges pursuant to the provisions of Fxhibit 7. 11I. RESPONSIBILITIES OF UIE PARTIES A. General 't'erms Regarding Responsibilities of the Parties. It is the intention of the patties hereto that there be no cost to the CITY in the undertaking of the responsibilities under this agreement. As to operational costs, the fee schedule adopted for development review and building permit services is intended to fully cover all direct and indirect costs to the CITY associated with development review. and buildnnt; permit functions. URDAN s1 vicr,.% INTERGOVERNMENTAL AGRFliMtiN'IYt'IC;ARD/WASI IiNC;'i'ON COUNTY Page 3 AO /A.l /9AAC fDTT 1 7. 9G ITV /nv LTA GC A0 rfi AA 1) Mar 02 05 07:08p HAMILTON RERLTY 5035790862 p.8 %1,nacllmenl 1 As of the date of this Agreement, the parties contemplate that there are three broad areas of cost of service in the Area which is the subject of this agreement. 'Iliose areas of-cost are: 1. operational expenses, 2. defense of litigation, administrative and LIMA appeals octa sioncd by development review and engineering review of tevelopment; and 3. liability under tort, constilritional and related theories. It is the intent of the parties that the (TrY will be fully compensated for operational expenses relating to this Agreement through application fees collected by the City or by funds transfcn-ed from the County. 'The remaining two described cost areas to the CITY will be analyzed as provided in Section (IV)(B) and (VI). 13_ The County agrees to perform the following activities as part of this intergovernmental agreement: 1. Tninsfcrs of all spccial fund allocations to the CITY for specific services denoted in this agreement shall be made in accordance with the provisions of Exhibit 3. Any interest accrued by the CITY shall be used in furtherance of delivering Stich Specific Services. In the event of funding short falls for operational expenses arising; nut of the C I TY's assumption of obligations tinder this agreement, the provisions of paragraph IV(A)(l) shall govern the transfer of additional funds to the CITY by the COUNTY, 2. Any service under this agreement provided by CITY that requires payment by COUNTY to CITY for such service shall only be required of the CITY as long as COUNTY makes the payments to CITY as required by this agreement- This agreement shall terminate if COUNTY is ratable to make payments to CITY required under this agreement due to reductions in the COUNTY badbcl. 3. Provide as needed technical assistance to the CITY to assist in those services requiring COUNTY cxpcrtisc. Such technical assistance shall be delivered to the CITY at no charge and in a timely manner. More specifically, the COUNTY agrees to provide technical assistance in development review to assist the CITY's Community Development Department render appropriate land use decisions including "areas of special concern" and floodplain/drainabc hazard areas, as defined in the COUNIY's Bull Mountain Community Plan. 4. Provide coordination with the CITY in updating and development of the COUNTY's transportation capital improvement program. 5. Adopt provisions of Tigard's Municipal Code, allow the use of certain City cnt incering standards (e.g,, street width, curb type, sidewalk location), and other City rules (hat arc necessary for the CITY to have authority to fulfill the delegation provisions listed under section TI of this agreement. 6. If at a quarterly mccling, it is determined that the COUNTY fee schedule is URBAN SURViCr.S INTURGOVERNMEWAL AGREEMENTMGARDIWASHINGTON COUNTY Nigc 4 An TAI) /-)AAA coon 1.7. nn rmv inv wrn ev A"l ra, nne Mar 02 05 07:03p HAMILTON REALTY 5035790862 p.3 ' Attactuncnt 1 not adequate to compensate C I'I'Y for services performed, upon presentation of adequate documentation to this effect, COUN'T'Y shall adjust its fee schedule for the area to attempt to cover the cost of the service. In addition, the cost recovery provisions of paragraph IV(A) shall apply consistent with the intent that there be no net loss to the CITY for operational expenditures under this agreement. C. The CITY ugrccs to perform the following activilies as part of this intergovernmental agreement: I . Perform ]and development services (development assistance development review) on a daily basis eon.sistent with the CITY Community'Developmcnt Code as adopted by the COUNTY. 2. I'erform building inspection services (plan review, electrical, plumbing, mechanical, structural) on a daily basis consistent with the state law and the CI'I'Y code as adopted by the C0UNTY- 3. Utilize the COUNTY'S street standards or those City standards agreed to by COUNI'Y in evaluating public and private development and/or project's in the area. T'hc County Engineer shall approve the standards to be used (luring plan review. 4. Perfonn surface maintenance work for County and public roads and receive payment for such work from County and I Jrlyan Road Maintenance District (URMD), as described in Exhibit 2 and 3. 5. Perform road capital improvements and receive payment for such improvements from Traffic Impact Pees, as deseribed in Exhibit 4. 6. Perform code enforcement services on a daily basis consistent with the CITY codes as adopted by the County and receive payment for such enforcement, as described in Exhibit S. 7. As of the date of this a&Tccment, CI'T'Y shall impose a condition upon any applications which rCquires street lighting, that the applicant will agree to the formation of a Street Lighting District. 8. 'rake responsibility for and complete inspections and reviews for all existing building permits and complete review of all development permit applications (including requests for extensions on existing permits) that are filed after the effective date of this af;rccmcnt and receive payments, as described in P,xbibit 6. 9. C:ollcct all pertinent fees and taxes relevant to building permits, traffic impact tax, siEpi permits, right-of-way use permits, sign permits and development application fees. CITY shall apply its own fee schedules for all engineering, dcvelupme-nt, and building pcnnits. CITY may adopt revised fee sebedulcs as necessary to folly recover costs f"or providing services. CITY shall retain all fees it collects for its services. COUNTY Shall continue to collect Maintenance Local Improvement District (MLID) URBAN SERVICE'S 1NTf:RG0VE-RNMENTAl. Ae3''REEMEMIY'I7(;ARI)IWASIIrNGTON COUN'T'Y PaEc S A9/A9/9AAr WVT% 17•ar rry/DY ATn r;zAal RAM Mar 02 05 07:07p HAMILTON REALTY 5035780862 p.7 Attaclirricnt 1 and TTRMD aSscssmcnts for this area anti transfer them as provided for in this agreement under Exhibit 2. 10. All other actions reasonably necessary to carry out the authority given to CITY as provided for in the attached Exhibits. IV. OPERATiNCi PROCI-MIJR1:S AND RE'LATIONSIIII's The CO(-J I'Y :end CITY.igrcc: A. Operational Expenses. It is expected that the City will adjust its fees as necessary over time to cover its opt:ralinl; Costs. If those fiords transferred or fees gathered are not sufficient to pay for the services required by this agreement, the COUNTY shall reimburse CITY for any deficiency remaining at the end of each year. Such reimbursement shall be in accordance with the provisions of Exhibit 3. To be eligible to receive such payments for the deficiency, the CITY is required to: 1 _ Meet annually with COUNTY and give accounting records of the C:ITY's fund for these services that describe the cost of services and the revenues gencrated during; the year. (TrY shall also make estimates about levels of services, staffing requirements and revenue projections for the next year. The annual meetings shall aid in determining the fund transfers that arc sct in the annual meeting as described below. 2. Maintain a separate fiend and detailed accounting records for each functional area and funding source covered by this agrcement. 3. Be in compliance with all other provisions of this agreement. .13. Xk:ferise of AppeakVI.iability As described in paragraph II(A)(I 1) above, it is contemplated by the patties that LUBA or other court actions may arise from the review of development in the area subject to this agreement. "The CI"IY will undertake responsibility for defense of such actions. The cost of such dcfcnse will be borne by either the CITY or the COUNTY or a combination thereof as provided for in this paragraph. 1. When the CITY receives notice from any parry that a LUBA appeal, court action or other legal review of the CITY's authority is contemplated by that party, the CITY Community Developincnt I_)ircctor shall immediately notify the COUNTY Land Use and Transportation Director in writing. The Directors or their designee(s) shall confer to determine the source and nature of the requirement resulting in the disputed and the CITY's decision on wbctht-r or not to defend the action- The COUNTY shall have 10 days from the date of the CITY's notice in which to decide whether it wanu; the CITY to proceed in the dcfcnse of such action. If the COUNTY requests Ihat the CITY proceed to defense where the CITY would otherwise elect not to do so, the COUNTY will fully reimburse the CITY for all costs of defense including direct and indirect costs. Similarly, if the CITY believes it is im1mriant to proceed the defense where the COUNTY does URBAN SERVICES INTERGOVERNMENTAL AGRPENiENTITIGARD/WASHiNC#TON COUNTY Page G Ao /A9 /9AAG WV" 17. 9n r rv /DV ATn rr e7 1 Uh rih7 Mar 02 05 07:03p HAMILTON REALTY 5035790862 p.4 Attachmcnt 1 not concur, the C:1"i'Y will absorb the costa In cases where both parties believe it is important to defend an action, the parties will share equally the cost of defense. The same proces.s shall apply in all subsequent appeals from the i UBA or court decision. In all other cases, the parties will resolve the dispute over cost using the dispute: resolution methods contained in this at reemcnt. The parties here recognize that the intent is that the party creating the cost should bear responsibility for that cost. 2. ],or constit►utiunal iaking;s claims and inverse condemnation claims, including; civil rights actions alleging, a taking; County shall indemnify City for City's acts or omissions to a maximum ag grcl;atc amount of $500,000 on a "claims-made" basis. Claims must arise from acts or omissions occurring; during, the term of this Agreement and be actually received no later than two years alter termination of this Agrccmcnt. This shall include defense costs, attorney fees and any settlements or judgments. Indemnification shall be on a 50150 basis with the City participating in the first dollar of defense costs and any judgment or settlement, including attorney fees. In no event shall either party be responsible for any punitive damages awarded against the other party, its officem, cmployccs or agents. In the event any portion of the area covered by this Agrccmcnt annexes, County's obligation under this paragraph shall cctsc as to any claims arising froth the annexed area after annexation is final. County shall bear full responsibility for claims resulting from its approval of development prior to the effective date of this Agreement. 3. Consistent with the hold harmless provisions, of paragraph VI, it is the parties' intention that each be responsible for liability arising out of its own employees' acts. 4. On July 1, 1997, County shall create a $500,000 insurance reserve fund or account dedicated exclusively to satisfying its obligations under paragraph (2) above. In no event shall County be responsible for any costs, damages, judgments, settlements, or attorney fees arising, from or relating to the acts or omissions of City except to the extent of the remaining balance of this reserve. Notwithstanding termination of this Agreement, this reserve shall continue until either of the following occurs: The fund balance is expended in defense or on behalf of City as described in parup-aph (2) above or all claims against City filed within two years of termination of this Agreement are finally resolved and paid. I✓ach fiscal year, County staff shall make a recommendation to the Board regarding availability of funds to replenish the reserve and the Board shall seriously consider such action. City may terminate this Agreement on 90 clays' notice if County declines to replenish the reserve in any future budget year. S. City shall confer with County at the first opportunity if City bas reason to think that a land use application or decision of City is likely to be contested beyond the City's internal review process or may give rise to a claim for damages. C. Dispute Resolution. URBAN Sl?kVl(: S INTERGOWRNMENTAL AGtit:LMLN-l'ri'fGAIW/WASIIIN(; I'ON COUNTY Page 7 nR/n9/9nnR wvn 17•IR rTY/AY wn rrARI rfi nrin Mar 02 05 07:07p HAMILTON REALTY 5035790862 p.6 Attachment I To the extent possible, COUNTY and CITY staff will observe the rules, standards and regulation reference by this agreement. In the case of a dispute about the terms of this agreement or how to effectuate this agreement, the COUNTY and C TTY staff will immediately refer the dispute to the COUNTY Director of Land Use and 'Transportation and the CITY Community Devclopment Director to resolve the dispute. If the Directors have not resolvcd the dispute within 30 days, the dispute shall he forwarded to the CITY and COUNTY Administrators. If the matter cannot he resolved by the Administrators within 30 days, it shall be forwarded to the Council and the Board for resolution. If the matter still cannot be re:;olved, the arbitration provisions of ORS 190.710-190.800 shall apply. l). Amendments. Requested amendments to this intergovernmental agreement shall be submitted in writing to both the COUN'T'Y Land Use and Transportation Director and to the CITY Community Development Director with adequate cxplanatiom as to the necessity of such dtncnts must amendment. A decision by the Directors to either reject or accept the . Imcri be made in no more that 30 days from the receipt of the request. After review and approval by the Directors, the amendments must be submitted to the CITY lvl:u►agcr and COUNTY Administrator for signature or presentation to the Board and Council. The CITY Council and the C:OUNFY Board of County Commissioners grant authority to the CITY Manager and the COUNTY Administrator to make wch changes as needed to this intergovernmental agreement to effectuate the intent and purpose of this apxcement. For amendments that will result in a financial impact, the amount of the financial impact needs to be within the Administrator's and Manager's delegated authority. Any amendments outside this authority need to be made by the Council and the Board and must be submitted to the Board and Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments. L. Annual Review. COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November I and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and Cl17Y budgets. Such joint review shall include an evaluation of the effectiveness of the agreement, procedures, and the delivery of service in meeting the requirements of the agreement. The annual Review shall also evaluate the costs of providing; the services, reimburse the CITY for operating deficits described in section 1V(A), and adjust such moneys that are transferred to the CITY to render services under this agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Hoard and Council within 30 days of such meeting. The Board and Cotmcil agree to take action on such request consistent with this agreement. F. COUNTY will make changes in Article VIII of its Community Development Code (CDC:) necessary to adopt changes in the C:l'IY's dcvclopment code as it applies to the area. COUNTY and CITY shall work together to ensure that all CITY code changes arc promptly adopted by COUNTY. G. The parties agree to coordinate planning efforts under Metro's 2040 Growth Concepts at a time mutually agreeable to the parties. City shall maintain $3,000,000 aggregate guneral, professional and automotive URnAN SERVICES INTERGOVERNMENTAL AGKE1:MEN'trrlGARD/WASHINGTON COUNTY Pagc S nn/n2/2M6 wpn 17enA rTX/RX Nn SRA71 RAAR Mar 02 05 07:03p HAMILTON REALTY 5035790862 p.5 ' Apaclutacnt 1 liability insurance for claims arising from its acts and omissions in the area subject to this Agreement. County, its officers, employees and agents shall be natnctl as an additional insured (except that County need not be named on professional insurance if that iti unavailable). Cotuity shall pay to City the first year premium to a maximum of $5,000.00. 'I'hc premium for subsequent years shall be paid by City as an operating expense. City shall periodically monitor the insurance market to determine if coverage for takings and inverse condemnation claims is available. If so, County may elect to pay the premium liar said insurance in lieu of maintaining the insurance reserve provided fiw herein. 1. In the event City elects to lerminale this Agreement prior to the cnd of the five (5) year term as provided for in section V, City agrees to return to County any equipment purchased with proceeds furnished by the County pursuant to this Agreement. V. 'I'ERM OF AGREEMENT A. 't'his agreement shall be effective upon execution by both parties and shall remain in effect for five (5) years, or until terminated by mutual agreement of both parties. By mutual al rccmcnt, this agreement may be extended for another five (5) years. ['sither party may terminate this agreement between the dates of March I and July I of any year with 90 clays written notice to the other parity. R. 't'he CITY shall be responsibic for pros cssing all permits or applications for this area which have not been completed at the time of the tennination of this agreement. C. Exccpt for County's obligation to indemnity City for City's acts or omissions, the parties' obligations as regards LUBA cases and to indemnify and defend each other pursuant to Section VI shall survive termination as to any claim arising from the actions of cithcr party (luring the term of this Agrccmcnt. County's obligations to indemnify City for City's acts or omissions shall survive only to the extent of claims within two years of the termination of this Ai rccmcnt and to the extent of funds remaining in the insurance reserve. VI. IIOLU IIARMLESS A. Subject to the limitations of liability fvr public bodies set forth in the Oregon 'Tort Claims Act, ORS 30.260 to 30.300,'Crl'Y shall hold harmless and indemnify COUNTY, its Commissioner, cmployccs, and volunteers agents against any and all claims, damages, losses and expenses (including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the acts or omissions of the CITY, except as provided in section (I VXB). B-. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CI'T'Y, its Councilors, employees, agents and volunteers against all claims, damages, losses and expanses (including all attorney fees and costs) arising out of or resulting from C OUN1'Y's performance of this agreement where the loss or claim is attributable to the acts or omissions of COUNTY, except as provided in section (iV)(R). VII. UENFRAL PROVISION URBAN SERVICES INTERGOVERNMENTAL AGREtiMEN'tYrt(3ARD/WAS11INGTON COUNTY Page 9 nq/n-)/,)nnr wnn i7•ar, rrv/vv ATn rmnal Rnnr: Mar 02 05 07:07p HAMILTON REALTY 5035790862 p.5 Attachment 1 A. SI VERABILITY: COI NTY and CITY agree that if any term or provision or this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any haw, the validity of the remaininly terms and provisions shall not be affected, and the rights and obligations of the parties shall be eonstnled and enforced as if the contract did not contain the particular term or provision held to be invalid. B. 'PHIS A(3REEMEN'r (:ONSTI'IIJTES'ITIE COMPLETE AND FXCI,1JS1VE STA'rEML'NI' OF'IIIE AGREEMENT BETWEEN ' 111 PAKT(FS R0,13VANT TO TIT', PURPOSE DESCRIBED BERLIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRIT-ITN, AND ALI. O'rIIER C'OMMUNIC'ATION BEI"WEEN TILE PAR'T'IES RELATING TO TFIF. S1 JBJr (-F MATTER OF THIS CONTRACT. NO WAIVER, CONSL'Nr, MODIFICATION OR CHANGE OF TERMS OF'I'HIS CONTRACT WILL BF BINDING ON EI IIHER PARTY EXCEPT AS A WRIITEN ADDENDUM SIGNED BY AIJT 40RIZED AGENTS Ole BOTH PAR'n S. URBAN SERVICES INTERGOW.RNMENTAL AGREEMENITI'IGARn/WASIIIN(rI'ON COUNTY page 10 nzin9i9AAR WVn 17.90 rTY/AY Nn RSevl R nris Mar 02 05 07:04p HAMILTON REALTY 5035790862 p.6 Attacluncnt I In WITNESS WIRREOF, the parties have executed this Urban Services Intcrgovcmmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON ('I'I'Y OF'17IGARD, OREGON By By . Zf. Torn ;n.~n James <; 1 r Cha rman, Board of County Commissioners Mayor, City of 'I rd Late q I O ' O 2- Approved as to form: Approved as to form: .ounty Counsel Attorney APPROVED WARMNCroN COUNrY WARD OF coMMISSXONLAS mwtrrr; o)uxiR a Oa -311 DA Tr 9= 0 a err barbaAa •'T»I;:ti <,fnx of niE URBAN SERVIC[us INTERGOVERNMENTAL AGRELMEN'IYt1GAkU/WASI'13NGTON COUNTY Pagc I I na/n9/9nnR WRn 17.19 rTT/AV Wn RRARI R nna Mar 02 05 07:07p HAMILTON REALTY 5035790862 p.4 FXFIIBIT 1 a .24 CO) ~h T -_A v • i. _ . .tea: ,.w ~ - o,•::•:::. pj%v no, f - • `.v: • •rS~ _ `tea- H~ - _~~_c;c_c:__`'r`' :i - _ S V - - _ +~i L Min w _ - _ OFL ' ILLf1Ci - b - - _ alldrl _ - - - - - ti AV Cha, o - - - a - 0 7fsru ' _ B d a A P _-.y-rwti f _ a c 4 P i sL }t n A _ f- - w v a) 4 C J.......... 1" 1 _r . - - - - as s3 - a - - 2 K nq/n7/9nnr %mn 17. kn fTv/DY Mn CrA71 rlltnA Mar 02 05 07:04p HAMILTON REALTY 5035790862 p.7 EXITXI;IT 2 Urban Road Maintenance District CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of URMD roads (minor collector, local and public) in accordance with the work program to he negotiated each year and the funding; provided by the DIS'T'RIC'T'. DIS'I'K. M' shall provide all otber routine maintenance. C]'('Y shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CH'Y will forward to DISTRICT those contplainte that arc beyond the scope of this agreement. (Xl'Y shall keep a distinct accounting of all expenditures for repairs and maintenance under this fu)nd. Annually the CI'T'Y shall receive from COUNTY an amount that will be negotiated between the parties for a work program for the following year. 'I'bis amount shall be established during the annual meting of the parties as specified in the agucement and will include the estimated cost of the work plus 8% for project dcsikn, administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the agreement. URBAN SI?kVIC:lss INTFRG(?vCRNMENTAt. A(;tzrsP.Mf:NTMGARI)IWASiIiN(;TnN COUNW n9 /n9 /')AAG WVTT 1 7. ae rmv /nv *in er A01 fly nnn Mar 92 05 07:07p HAMILTON REALTY 5035790862 p.3 EXIBIT 3 Road Fund Maintenance CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of County roads (arterial and major collector) in accordance with the work program to be negotiated each year and finding provided by the COUNIY. COUNTY shall provide all other routine maintenance and traffic operations. CITY shall be responsible for rc;;PondinIF to eiti%Cn COMPlaints from the area concerning road conditions and maintenance. CITY will forward to COUNTY those complaints that arc beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. /annually, the CITY shall receive m amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8% for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the aggrecment, or sixty days after the date of agreement on the negotiated amounts, whichever is later. URBAN SERVICES INTERGOVERNMENTAL A(-,Rr•.r.MFNTMGARD/wAS)IINGTON COUNTY n~/n9 /9nA~ WVT% 17.1n rrv/Dv ATn rzr.A7i Rnn9 Mar 02 05 07:04p HAMILTON REALTY 5035790862 p.8 EXHIBIT 4 Traffic Impact Fecs CITY shall assuriie responsibility for collecting traffic impact fees for the area as of date of the agreement. Funds shall be spent for projects in the arcs as determined by CITY working with the COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall be established for the arcs by the parties for the area at the annual meeting of the parties. Funds allocated from the TIr shall used to finance the agreed upon work program. (.:1'1'Y shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall collect these fees and shall be responsible for all accounting and auditing for these fees, ARRAN SERVICHS irm-'.R(;0VTiRNMPN'TAI. AGREEMLNTtTI(.'.ARI)IWASIIIN(; I'ON COUN'T'Y AA /A •1 /.IAAC fDTn 1"."m ITV /nV XY^ ve AOI r.~l A A 0 Mar 02 05 07:07p HAMILTON REALTY 5035790862 p.2 >EXIICBTx 5 Code Enforcement CITY tiha)) assume responsibility for code enforcement as of the date of this ag7ccmcnt. CITY shall enforce codes and respond to citizens complaints and prosecute violators for violations of Washington County Codc Articles VIII and IX (Ordinanccs 487 :and 488). CITY shall keep a log of all complaints and the response time to these complaints, as well as the results of the complaints. CITY shall keep all fines levied from violators- URBAN SF'RVI(TS TNTI;RGOVFRNMITNTAL AGRrr:MFNTMGARDfWAS1IINGTON COUNTY AR/A)/9AAM tUVTN 1 7. 9A rTv/nv ATA VMA"f~ rfi AA4 Mar 02 05 07:04p HAMILTON REALTY 5035780862 p.9 EXHIBIT G Building Pern►its City shall issue all building permits, for all activities requiring permits under the Building Codes and other CITY codes as adopted by COUNTY and perform all inspections in a timely manner. CITY shall assume responsibility for completing existing permits on the date of this agrecment and all building permits requested for the area thereafter. CITY shall keep an accounting of all funds collected and expenses in maintaining the building inspection program. Funds collected by CITY shall be used to operate the CITY building permit program for the area. URBAN SERVICES INTERGOVERNMENTAL AGRP..T.•.MI:NTrr[GnRnnvns[ [Iru; rON COUNTY nq/nq/gnnr WLT% 1 7. 19 rrv/Dv Atn meal Ghnnn Mar 02 05 07:07p HAMILTON REALTY 5035780862 p.l FXl..JIBIT 7 'Park System Development Charge If the City undertakes the preparation of an Annexation Flan for the Bull Mtn. area, which the voters approve, the County shall allow the City to collect a Park System Development Charge (SAC) for new development for the period bclwecn the approval (late of the Annexation Plan and the effective date of the annexation. The initial SDC sliall be the City's current rate at the time this provision is implcmcnte<l, and may be adjusted according to the City's procedures for changes to the SDC. To the extent practicable, funds collected within the Bull Mtn. area shall be expended within the area. URBAN SERVJ(.FS INTERGOVERNMENTAL A(,RF.F.MIiNT/TIGAILD/WASIIING I*ON COUNTY . , . , - - , . r+; . ~ _ . , - - l,'„ . _ _ t;-t r i. : n -i. , . :TAN w - ~ , t - ' " , H N - n.. _ ~ ' I.''.'* -'.--j'-."':".---'~" I:.~ : , . , ':5 ' _ ~ "I' . - - - , . 0 T Y . . , I- r• :~,",*-.1. -.1- " .1 - jl'-...~'~'*"'. ~ - - . ~ N , , . _ , n~: , u'II: M u': as o t~ f.. _ ~r,,. 1i. ,PI. ' I a n:: , rl `1' 0 M+. 11. , ' 4,, , - , - . , • , . _ _ , ' ; : _r _ 1 :1' , f.. _ . 11 . - . l e „ ..i , : , Y. •,j. i 1 4': ; ' ; ,1 '.I ! .1,.',, ',,5 - r. . : i' ~f r- . ;1 r t. r . - . , . . F...: - .4 T 241 . " . ..r r' , . _ - . . . .....r .r _ y, a:: - , Awk ,r,... .,j it a r f•. n - 1 .y., - , 1-1. -e.' : . , t . i r. a . r t ,r 1 r. ...+.J:. :15 1- ! . r } U O . - : Ca", `uni `R lan.'for he' o BuI1r.Nlou' r► ai n;A; . i t: . . 5.. , 1 is :ij, is - t 1 «r:,:.: , •r ,i. ,fr. y 1 . , .f . on j '2: e i C r . ,i . - s_. - - - ,.tiff Yc('. : . ^.nY: , Y i. . . : f'. „ .i'. : _ . yy , 4 , r - n , a , r . , . - . _ .a n. 1, t „ v,lr , : 1" + "r: r•,. t. _ ~ _ - i t . , ...,-..,1 , ,1. . n . ' i.' - 1... .5.. : Gi . " a l.: v' - - - - - . 01554''... ~`q~~.~':~ V.,-::' , - - *11~~ " -"'I, - - - - . . , ( - . .4., - - WASHINGTON COUNTY Memorandum Date: April 27, 2005 To: Interested Parties From: Doria Mateja, Senior Cartographers Subject: Aloha/Reedville/Cooper Mountain & Bull Mt. Community Plans Significant Natural Resources Maps Replacements It was brought to our attention that some of the symbols used for the Significant Natural Resources Map appeared in all but two Community Plans, Aloha/Reedville/Cooper Mountain and Bull Mt.. The enclosed corrected map(s) should replace your existing map(s). Please contact me at (503) 846-3964, if you have any questions. CFO Department of Land Use &.Transportation Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97124-3072 phone: (503) 846-3519 • fax: (503) 846-4412 WASHINGTON COUNTY Memorandum Date: April 11, 2005 To: Urban CPOs From: Doria Mateja, Senior Cartographer }y l Subject: Community Plans The attached Community Plans are a complete replacement for those plans that are within your CPO. The maps and text have been reformatted. The updated electronic versions can also be viewed at: http://www.co.washington.or.us/deptmts/lut/planning/publicat.htm Please contact me at (503) 846-3964, if you have any questions. Department of Land Use & Transportation Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97124-3072 phone: (503) 846-3519 • fax: (503) 846-4412 Bull Mountain Community Plan r" The information on this Community Plan Tabloid is a representation of official maps and texts filed with the Records Division of the Washington County Department of Assessment and Taxation as part of County Ordinances 263 and 265, adopted June 28, 1983 and as revised by Ordinance 368, adopted October 23, 1990; Ordinance 468, adopted October 31, 1995; Ordinance 480, adopted September 27, 1996; Ordinance 487, adopted June 2, 1997; Ordinance 547, adopted April 25, 2000; Ordinance 551, adopted June 6, 2000; Ordinance 552, adopted July 25, 2000; A-Engrossed Ordinance 588, adopted October 29, 2002; A-Engrossed Ordinance 610, adopted October 28, 2003 and B-Engrossed Ordinance. 615, adopted April 27, 2004. The Plan has had minor revisions to reflect the adoption of other plan elements, all quasi-judicial plan . amendments and City annexations through May 2004 and to update factual background information. The maps have been compiled from original materials at various scales which are available for inspection at the Records Division office in the Washington County Public Services Building. For more information concerning this Community Plan, or any of the above Ordinances, please contact the Washington County Department of Land Use and Transportation, 155 N. First, Hillsboro, OR 97124; phone: 503-846-3519; TTY (503) 846-4598; website, www.co.washington.or.us. BULL MOUNTAIN COMMUNITY PLAN Updated 5127104 BULL MOUNTAIN COMMUNITY PLAN c THE RELATIONSHIP OF COMPREHENSIVE PLAN ELEMENTS The Bull Mountain Community Plan is one of a number of planning elements which in total comprise the Washington County Comprehensive Plan. The intent of this section is to provide the reader of the Bull Mountain Community Plan with a basic understanding of its relationship to the various other Comprehensive Plan elements. In general, the Bull Mountain Community Plan is an area and site specific application of County Comprehensive Planning policy and a description of community development activities envisioned for the Planning Area. Implementation of the Bull Mountain Community Plan -is guided primarily by other Plan elements such as the Community Development Code, the Transportation Plan and the Unified Capital Improvement Plan. PLANNING CONTEXT The preparation of the Bull Mountain Community Plan represents a continuation of the County's long- standing involvement in comprehensive planning. In fact, the Bull Mountain Community Plan represents an update and rigorous re-examination of previous plans. The periodic updating of plans is necessary to ensure that the various plans respond to the current and anticipated circumstances of the County and the Planning Area. In addition to responding to local concerns, these plans respond to the planning concerns and requirements of the region and the state. The County subscribes to the fundamental planning principle of creating plan elements through a public planning process which provides ample opportunity for citizen participation. Such a public planning process utilizes factual information and consideration of alternative courses of action which take into account social, economic, energy and environmental concerns. The following are elements of the Washington County Comprehensive Plan: Comprehensive Framework Plan County Resource Document Community Plans Community Plan Background Documents Community Development Code Transportation Plan Subsequent to the adoption of these plan elements, the county will begin work on the Unified Capital Improvement Plan. COMPREHENSIVE FRAMEWORK PLAN The Comprehensive Framework Plan is a policy document. Its function is to articulate the county's policy regarding the broad range of comprehensive planning and community development matters. Additionally, the Comprehensive Framework Plan contains strategies which are intended to guide the implementation of each policy directive. A major function of the Comprehensive Framework Plan policies is to provide specific direction and parameters for the preparation of community plans, functional plans and implementing mechanisms. Two central provisions of the Comprehensive Framework Plan have particular importance in guiding the preparation of community plans and implementing the community plans respectively. These provisions are a county-wide development concept and the urban growth management policies. 1. BULL MOUNTAIN COMMUNITY PLAN RELATIONSHIP OF THE COMPREHENSIVE PLAN ELEMENTS ljpdared 6:77; 04 The county-wide development concept prescribes the creation of a series of distinct, balanced, relatively self-sufficient and diverse communities throughout the urban portion of Washington County. It is this concept which is the beginning point for organizing land uses at the community level. The County's urban growth management policies require urban development to be accompanied by adequate urban services. The growth management policies define both urban development' and necessary urban services. Public sewer, public water and a balanced urban-level transportation system are the primary urban services considered. COMMUNITY PLAN The unincorporated portion of the County within the metropolitan area regional Urban Growth Boundary and outside of city planning areas is divided into a number of Community Planning Areas. The Bull Mountain Community Planning Area is one such planning area. The policies and plan designations of the Comprehensive Framework Plan are applied in a site-specific manner to the Community Planning Area. The result of this application is a Community Plan, composed of a Community Plan Map and Community Plan Text. The Community Plan Map portrays a land use designation for each parcel of land in the planning area. The Community Plan Text provides a written description of the Community Plan Map in order to specify the intent of the mapped designations. Additionally, the Community Plan Text includes Community Design Elements, which are written prescriptions for particular areas or sites which shall be adhered to as the plan is implemented. For certain areas specified by the Community Plan, the concept of Area of Special Concern is applied. The designation of Area of Special Concern where applied to one or a combinafion of several parcels of 1 land, denotes the presence of certain design opportunities or constraints. In such cases, the Community Plan Text includes specific language which identifies and addresses the . design opportunities or constraints. Usually land is designated as an Area of Special Concern when parcelization and/or varied ownership requires that the area be considered as one unit during development. In some cases, the Community Plan requires an Area of Special Concern to develop through a mandatory Master .Planning-Planned Development process, which provides a more flexible approach to addressing the potential design opportunities and/or constraints. The Master Planning-Planned Development requirement is intended to provide the open space, density transfers and design flexibility necessary to achieve the dual objectives of preserving significant natural features or achieving the design objectives of the design elements and encouraging development of a variety of housing types at. the density permitted by the district. As provided in the Development Code, conditions of approval shall not unduly increase the cost of needed housing beyond the minimum necessary to meet the provisions of this Plan. Densities shall not be restricted to less than that authorized by the development standards. The prescriptions of the Community Plan are augmented and implemented by the Community Development Code, the Transportation Plan and the Unified Capital Improvement Plan. Standards and requirements of the Community Plan and the Transportation Plan that are applicable to development applications, including but not limited to new development and land divisions, are specified in the Development Code. An inventory and discussion of natural resources is contained in Chapter I of the Resource Document. The determination of significance, as specified in the Oregon Administrative Rules and Statewide Planning Goal 5, is explained in the Resource Document, and shown graphically as part of this Community Plan. BULL MOUNTAIN COMMUNITY PLAN RELATIONSHIP OF THE COMPREHENSIVE PLAN ELEMENTS ilpdated 51271)4 The Significant Natural Resources Map shows the location of the significant Goal 5 resources in the planning area. An identification of neighborhood park-deficient areas has been made based on a 1/2 mile service area radius from existing park or school playground sites. Those portions of the planning area not within this service area are generally regarded as park-deficient. On this Significant Natural Resources Map, a "P" has been placed in the general locale where a neighborhood park could serve the deficient area. The letter indicators are not site-specific, but do reflect the number of neighborhood park facilities needed to serve the deficient area on a service area basis. COMMUNITY DEVELOPMENT CODE The chief function of the Code is to assist in the implementation of the various community plans and the Comprehensive Framework Plan. The Code is intended to achieve certain streamlining objectives necessary to ensure ease of operation, certainty, flexibility when conditions warrant and responsiveness to public concern. The Code contains specific procedures and development standards necessary to assist in the implementation of the community plans. The Code addresses issues such as allowed uses, density, dimensional requirements, public facility requirements, land division requirements, changes in use and aesthetic concerns. The Code also sets forth processes and procedures for review of specific development proposals, including public notice requirements. The Code also sets forth the standards and requirements of the Community Plan and the Transportation Plan that are applicable to development applications, including but not limited to new development and land divisions. TRANSPORTATION PLAN The Transportation Plan is a comprehensive analysis and identification of transportation needs i associated with the implementation of the development pattern described in the community plans and the Rural/Natural Resource Plan. Prepared from both the county-wide and community planning area perspectives, the Transportation Plan addresses the major roadway system, transit, pedestrian and bicycle transportation issues and focuses on specific and system requirements. The Transportation Plan designates the major roadway system and each road or street is provided a classification indicative of its existing or planned function, right-of- way, alignment and structural dimensional standards. Changes to the major roadway system are made through amendments to the Transportation Plan. New neighborhood routes may also be designated through the development review process. Standards and requirements of the Transportation Plan that are applicable to development applications, including but not limited to new development and land divisions, are specified in the Development Code. The local street system is designated on the community plans and Rural/Natural Resource Plan. New local streets and special area local streets are identified through the development review process or by amendments to the community plans or the Rural/Natural Resource Plan. The community plans also address local street and pedestrian connectivity and specific transit issues, such as identifying major bus stops. In the event there is a conflict between the requirements of the Transportation Plan and the requirements .of this community plan, the requirements of the Transportation Plan shall control. UNIFIED CAPITAL IMPROVEMENT PLAN Following the adoption of the Washington County Comprehensive Plan, the County will embark on a second phase of planning which will include the preparation of a Unified Capital Improvement Plan. The Unified Capital Improvement Plan will be coordinated with all urban service providers and will be the i BULL MOUNTAIN COMMUNITY PLAN RELATIONSHIP OF THE COMPREHENSIVE PLAN ELEMENTS U.)d< toa' ,T 27, 04 mechanism which the County will rely upon to direct future urban investments in public facilities and services in the urban portion of the County. { i BULL MOUNTAIN COMMUNITY PLAN RELATIONSHIP OF THE COMPREHENSIVE PLAN ELEMENTS Updated,it 2.7104 BACKGROUND SUMMARY PLANNING AREA The Bull Mountain Community Planning Area is located in southeastern Washington County approximately ten miles southwest of Portland's central business district. It includes the unincorporated area south of SW Scholls Ferry Road, west of the Tigard Urban Planning Area, west and south of King City, north of the Tualatin River, and east of the regional Urban Growth Boundary. This area encompasses approximately 3.4 square miles and contains a 1980 population of an estimated 2,158 residents. An earlier Plan of Development for the area is more than 20 years old, having been adopted in 1961. That plan designated all of the area for low density residential uses except for a small amount of highway commercial next to Pacific Highway near the Tualatin River. In 1977, two different sets of interim development policies and land use designations were proposed for most of the area by the Community Planning Organization and the Washington County Planning Department, but neither was adopted. This Bull Mountain Community Plan replaces and supercedes those plans and all other previous plans. LAND USE The Bull Mountain Community Planning Area is largely undeveloped at this time. Some large lot residential subdivisions are scattered along the crest of the mountain off Bull Mountain Road; a few more exist along SW 150th Avenue and at the foot of the north slope around Fern Street. Mobile homes and multi-family dwellings are located south of Fischer Road. The only commercial activity in the Planning Area is located along Pacific Highway southeast of King City. There is no industrial activity. Most of the area - almost 90 percent of the buildable land - consists of farms, forests, vacant land and rural homes. A total of 1,290 acres of land are vacant and buildable, i.e., undeveloped, excluding powerline easements, and not in floodplain or steep slope. NATURAL FEATURES Land in the Area consists of Bull Mountain, a steep sloped, flat topped landform which rises over 700 feet from the Tualatin Valley floor, and the gently sloped lowland to the north and south of the mountain. Sedimentary formations and Columbia river Basalt underlie the Planning Area. A fault line extends along the northern base of the mountain from the southwest to the northeast. Slopes exceed 20% over large areas on the north and south sides of the Bull Mountain. The upland soils on Bull Mountain are predominantly of the Cascade-Kinton association. Soils of the lower valley terraces include several types, mainly Quatama, Aloha, Woodburn and Hillsboro. The surface layers in both areas are only moderately permeable. Underlying the surface soils in much of the area is a very firm and brittle layer of soil called fragipan which is characterized by slow permeability. Septic tanks can fail in these types of soil. The mountain has a number of steep, narrow canyons containing small, mostly seasonal streams. Waterways on the north side of the mountain are tributaries to Summer Creek, while those on the south side flow to the Tualatin River. Winter flooding occurs along these waterways. Drainage problems are reported most often on the south side during the rainy season. Three ponds are also located on the mountain. Within the Planning Area, there are more than a dozen wooded areas of at least 5 acres in size. Large portions of the north side of the mountain contain continuous forest. Some large old growth trees are found there. These wooded areas, especially riparian zones along waterways, are important wildlife i BULL MOUNTAIN COMMUNITY PLAN BACKGROUND SUMMARY U,pdrttod 5,127104 habitats. The Tualatin River is an important wildlife habitat too, as well as a resource for a moderate amount of fishing and other recreation. Groundwater found in the underlying Columbia River Basalt was withdrawn at an excessive rate during the 1960's, causing a decline in the water table of as much as 8-10 feet per year. State designation of the area as a "critical groundwater area" in 1974 brought a moratorium on new wells and limitations on pumping from municipal wells. TRANSPORTATION The primary roadways serving this area include Highway 99W, Scholls Ferry-Road, Beef Bend and Bull Mountain Roads. A new connection between Murray Boulevard and Highway 99W along Walnut and Gaarde has been identified and is being improved, and improvements to Roy Rogers Road, a major north-south Arterial connection, have been completed. Improvements have also been made to Bull Mountain and Beef Bend Roads, and to Fischer and 131 s' east of the planning area. Transit service is provided along a radial route from downtown Portland on Highway 99W, as well as from Washington Square, with connections north to Beaverton's transit center and Westside Light Rail. Tri-Met buses line operate along Highway 99W and northeast of the planning area along 121 s` Avenue and Walnut Street. Bikeway and sidewalk improvements have been completed as part of major roadways projects in and near the Bull Mountain area during recent years (e.g. Roy Rogers Road and portions of Bull Mountain and Beef Bend Roads). Future bikeway and pedestrian projects will be completed, either as part of larger projects or stand-alone projects, as the Transportation Plan priorities direct and as resources allow. The Transportation Plan calls for bicycle and pedestrian routes on Arterials and Collectors in the planning area. i SERVICES Sewer Service to the Bull Mountain area is provided by the Clean Water'Services (CWS). The areas south of Beef Bend Road, on the eastern edge of the Planning Area along Bull Mountain Road and on the north in the vicinity of 135th Avenue and Scholls Ferry Road have or shortly will have access to CWS sewers. Sewer service to the rest of the area depends on development interest and the formation of Local Improvement Districts to finance extensions of major lines. Pumping will be necessary on the western portion of the mountain. Water service for the Planning Area is, available from the Tigard Water District. The District has sufficient storage and distribution capacity to meet year 2000 requirements for the entire area. Lines can be readily extended to areas within the District which currently do not have service. Since water must be pumped to the top of the mountain, emergency storage in the event of a prolonged. electric power outage is a concern. The primary long term source of water will continue to be the Clackamas River via the City of Lake Oswego with a backup supply from Portland's Bull Run system. Storm drainage in the Planning Area is currently handled by natural stream channels. Some drainage problems have been noted during the rainy season, particularly on the south face of the mountain along Beef Bend Road. Winter flooding also creates drainage problems along the Tualatin River and Summer Creek. Urbanization will pose additional drainage management problems in certain areas if care is not taken to design developments to incorporate local topography and soils in the treatment of runoff. The location and sizing of drainage management facilities will need to be based upon basin-wide studies and plans. The Tualatin Rural Fire Protection District serves most of the Area. This District has stations on Pacific Highway south of King city and in downtown Tigard. The northwest portion of the Planning Area is within Washington County Fire District #1, which has a station at the corner of 175th Avenue (Reusser Rd.) and Wier Road. The fire insurance rating is Class 3 for the areas currently serviced, i.e., with fire hydrants, by (c the Tigard Water district, but is Class 8 for the remainder of the Area. BULL MOUNTAIN COMMUNITY PLAN BACKGROUND SUMMARY t.!/.idatEx15127104 The Bull Mountain area is served by Tigard School District 23J and Beaverton School District #48, but no schools are located within the Planning Area. There are no public parks or recreation facilities within the Planning Area. The City of Tigard to the east and the Tualatin Hills Park and Recreation District to the north do have parks and recreation facilities that are accessible to Bull Mountain residents. Park deficient areas (over 1/2 mile radius from existing parks) are shown on the Significant Natural Resources Map. 1. BULL MOUNTAIN COMMUNITY PLAN BACKGROUND SUMMARY U, pdrated ,5121104 COMMUNITY PLAN OVERVIEW The development approach planned for the Bull Mountain Area is intended to ensure the careful and deliberate growth of a distinct residential community. In concept, the community is intended to be supportive of and dependent upon nearby retail and employment centers in Tigard, Beaverton, and, to a lesser extent, other centers in the Portland Metropolitan area. The Bull Mountain Area is not intended to be developed as an independent or self-sufficient community, mainly because of its 1) rugged and scenic terrain, 2) proximity to existing and planned shopping and employment centers, 3) lack of bisecting Arterial roadways, 4) history of residential development, and 5) location on the edge of the Urban Growth Boundary. Rather, Bull Mountain is to be developed.as a distinctive residential environment in a naturally fortunate setting with development opportunities for a variety of housing options. The development pattern begins with medium density housing along Collector and Arterial roads at the foot of Bull Mountain where appropriate. Residential densities, as planned, decrease gradually up Bull Mountain with the greater part of the summit and surrounding ridges designated at the County's lowest urban residential density. Neighborhood commercial uses are planned at the foot of the land form to serve the convenience shopping and service needs of the future population. Implicit throughout the Bull Mountain Community Plan is the assumption that policies in the Comprehensive Framework Plan will be implemented through the Community Development Code, the Unified Capital Improvements Plan, the Transportation Plan and other functional plans. This is particularly important with regard to the county policies on public facilities, which mandates the provision of adequate services before development is permitted. The purpose of the Bull Mountain Community Plan is to ensure the high quality of life currently found in the Bull Mountain Community Plan Area is maintained and enhanced.as.development of the area occurs. COMMUNITY DESIGN ( Major development concerns, community design considerations and the land use prescriptions created to address them are enumerated as Community Design Elements in this section of the Plan. The Community Design elements are central to the Community Plan. They protect what is unique about the Bull Mountain Community Planning Area and at the same time connect its land uses with the surrounding metropolitan community. _ Those Community Design Elements which apply to the whole Planning Area are first listed. Then the land uses planned for Bull Mountain are characterized by subarea and design elements specific to each subarea are presented. Bull Mountain subareas include the Summit and Slopes, the Southern Lowlands, the Northwestern Lowlands, and the Northern Triangle. All of the design elements in this Plan, both general to the Planning Area and site-specific shall guide land use in the Bull Mountain Area. Areas of Special Concern are also defined in this Community Plan. Some sites within the Planning Area present special resources, opportunities or problems to the Bull Mountain Community. In such cases, a creative site design approach is required to assure resolution of development conflicts and/or assure consideration of important amenities, such as proper circulation and open space. Special prescriptions for analysis or design, as well as directions for the public review process are given where these special areas are noted. The Areas of special Concern are mapped and numbered on the Community Plan Map. At the time of the first major update of the Bull Mountain Community Plan, the County will consider and evaluate policies which may allow interim development in the Bull Mountain Community Plan Area. GENERAL DESIGN ELEMENTS: 1. In the design of new development, floodplains, drainage hazard areas, streams and their tributaries, riparian zones and wooded areas, steep slopes, scenic features, and powerline easements and right-of-way shall be: BULL MOUNTAIN COMMUNITY PLAN COMMUNITY PLAN OVERVIEW Updrlred 5127!04 a. used to accent, define, or separate areas of differing residential densities and differing planned land uses; b. preserved and protected to enhance the economic, social, wildlife, open space, scenic, recreation qualities of the community; and c. where appropriate, interconnected as part of a park and open space system. This design element shall not be construed or interpreted to require the non-voluntary dedication of property for open space, scenic or recreation use. Such property will either be a) purchased by the public at a fair market value, or b) at the volition of the property owner, dedicated to the public for such use. The provision of open space may be a condition of certain development actions; the initiation of such development requests is at the volition of the property owner and the acceptance of any condition regarding open space is at the discretion of the property owner. 2. Master Planning - Primary Use or Planned Development procedures and standards shall be required for development on land which includes a Significant Natural Resource as a means of protecting the resource while accommodating new development. An exception to this requirement shall be allowed if all of the Significant Natural Resource site is retained as open space. Public dedication of this open space is not required, but is encouraged. A density transfer from the resource area to the buildable portion shall be allowed for any Significant Natural Resource Site as specified in the Community Development Code. 3. Trees located within a Significant Natural Resource area shall not be removed without a development permit for tree removal having first been obtained, as provided for within the Community Development Code. A permit shall not, however, be required for tree removal from powerline rights-of-way, public parks and playgrounds. i. 4. Significant historical and cultural resources shall not be altered, defaced, demolished or relocated without first obtaining a development permit as provided for in the Historic and Cultural Management Overlay District contained in the Community Development Code. 5. All new subdivisions, attached unit residential development, and commercial development shall provide for pedestrian pathways which allow public access through, or along, the development and connect with adjacent developments and/or shopping areas, schools, public transit, parks and recreation sites. 6. Noise reduction measures shall be incorporated into all new residential developments located adjacent to Arterials, Collectors, and rock quarries. Noise reduction alternatives include vegetative buffers, berms, walls, set backs and structural design techniques, such as the orientation of windows away from the noise source and insulation. 7. Neighborhood commercial land shall be used to provide principally for the shopping and service needs of the residents of the Community Planning Area. Only those Commercial uses which do not depend on regional or sub-regional markets for their support will be allowed. Strip commercial development along trafficways will not be allowed. 8. Where the impact of noise and lighting associated with commercial uses adjacent to residential areas does not meet the standards in the Community Development Code, the commercial development shall be subject to limited hours of operations. 9. Consistent with the county growth management policies, new development within the Planning Area, with the exception of construction of a detached residence on a lot of record, shall be required to connect to public water and sewer service. The provision of sanitary sewer service on BULL MOUNTAIN COMMUNITY PLAN COMMUNITY PLAN OVERVIEW Updat0d,T 27 I04 Bull Mountain will be analyzed during the preparation of the County Unified Capital Improvement Plan. 10. New development shall dedicate right-of-way for road extensions and alignments indicated on Washington County's Transportation Plan or the Bull Mountain Community Plan. New development shall also be subject to conditions set forth in the County's growth management policies during the development review process. 11. The County shall emphasize non-auto (transit, bicycle, and pedestrian) measures as an interim solution to circulation issues. These measures shall be used to facilitate access to transit centers. 12. In the design of road improvements that are required of new developments to meet the County's growth management policies, pedestrian/bicycle pathways identified in the County's Transportation Plan shall be included. 13. New access onto Arterials and Collectors shall be limited. Shared or consolidated. access shall be required when new development or redevelopment is proposed along Arterials and Collectors, as detailed in the Community Development Code. 14. Bicycle parking facilities shall be required as a part of all commercial, industrial and institutional developments. Residential developments which have parking lots of 20 or more spaces shall provide bicycle parking facilities. 15. Coordinate with the City of Tigard for the planning and provision of park and recreation facilities and services. 16. Open space shall be used for a variety of recreational activities, the protection of wildlife habitat or aesthetic purposes, such as scenic views. i' 17. Review of land partitioning and structural development proposals for areas within one half mile of rock quarries (existing and proposed) shall include 1) measurements of noise anticipated from such development and 2) appropriate mitigation measures which ensure that the future land uses meet Oregon Department of Environmental Quality noise standards. Conditions to development, such as requirements for berms, walls and other noise buffers shall be applied to the approval of new development when appropriate. 18. The required amount of parking for development shall be determined by the Parking Maximum Designations and the standards of the Community Development Code. BULL MOUNTAIN COMMUNITY PLAN COMMUNITY PLAN OVERVIEW tJpdafed 5'27104 SUBAREAS ' SUMMIT AND SLOPES The land form between SW Beef Bend Road and Scholls Ferry Road is designated primarily for low density residential use at a maximum of 6 units per acre. The exceptions are at the edges on the south, north, and northwest along major roadways. Low densities are planned on the Bull Mountain summit and slopes mainly because of the dominance of steep slopes and the established pattern of low density residential development. This low density designation extends from the Fern Street development and the eastern edge of the Planning Area, where it is contiguous to a similar land use designation in the City of Tigard, to the southwest edge of the Planning Area at the Urban Growth Boundary. An area of approximately 30 acres served by Hawk Ridge Road is designated for a maximum of 5 units per acre, consistent with the locational criteria for R-5. Almost 20 acres at the foot of the mountain on Beef Bend Road are designated for medium density housing at a maximum of 15 units per acre. Consistent with adopted locational criteria, this medium density designation takes advantage of the good access inherent in its frontage on a Collector street. Additionally, this density offers the area's primary amenity a scenic view of the Tualatin Valley to a larger proportion of the County's population than would be offered by a low density housing designation. Buffered from lower housing densities by a stream bed and steep slopes on the west and a power line easement on the east, the area is within walking distance of planned neighborhood.commercial services and a potential transit stop at 131st and Beef Bend Road. Design Elements: 1. The residential character of this subarea is to be protected. Improvement of roadways should be done in a manner which does not encourage excessive through traffic. The extension of Roshak Road to Scholls Ferry Road, for instance, should not encourage Bull Mountain Road to take the place of Beef Bend Road and Scholls Ferry Road for east-west through traffic. Also, a proposed Neighborhood route between 132nd Avenue and Bull Mountain Road should not be aligned with 133rd Avenue south of Bull Mountain Road. A direct route might encourage north-south through traffic over Bull Mountain. For similar reasons, all the roads planned for improvement or connection to Bull Mountain Road within the Planning Area should be constructed as neighborhood routes or local streets following the topography generally and not directly aligned with other major roadways. 2. Hillside building techniques and foundation designs such as stilts, stepped foundations, etc., shall be used to minimize the alteration of existing slopes over 20 percent. . Detailed site plans, elevations and sections shall be required showing all structures, foundations, and techniques proposed for hillside construction. These, as well as other site plan requirements for building on steep slopes, as defined in the Community Development Code, are intended to ensure that development activities do not increase the potential for earth movements such as landslides or land failures in the steeply sloped subarea. 3. No grading, filling, clearing, or excavation of any kind shall be initiated on steep slopes until a grading plan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall be prohibited unless the material is obtained from a cut permitted under an approved, grading plan, or imported from outside the hillside area. 4. Removal of natural vegetation shall be minimized, existing vegetation protected and destroyed vegetation replaced. This is required in order to conserve important natural areas, decrease the potential for erosion, decrease the amount of surface water runoff and help prevent earth movement in hazardous areas. A slope stabilization and revegetation plan, which includes a BULL MOUNTAIN COMMUNITY PLAN SUBAREAS Undated 5/27104 schedule for revegetation after areas have been cleared, shall be included with the required grading plan. Revegetation shall be completed before October 15 of the year of construction, or a temporary treatment shall be required sufficient to prevent erosion prior to the rainy season. 5. Because trees are such an important natural and scenic resource on Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of'old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and revegetation plan shall indicate the mature trees planned for removal and describe the replacement programs. Replacement trees must be of at least 1-1/2 inch diameter. 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be the preferred means of crossing streams and waterways rather than infill and piping or channelization of waterflow. 7. Use of powerline easements for farm operations, open space, and wildlife habitat shall be encouraged as appropriate in this subarea. 8. Part of the subarea along Beef Bend Road, which is designated for medium density residential uses at a maximum of 15 units per acre, is Area of Special Concern 1. Development within this area shall take into account the need for limited access onto Collector roads by planning a traffic circulation system which reaches all the parcels within this area and includes no more than three access points to Beef Bend Road. The easternmost access shall be a public street which will ultimately connect to a local road system to the north and west as determined through a traffic study of the site and surrounding area, which shall consider traffic safety and circulation issues, reviewed through development. Connection to the east by a future public connection shall also be determined through development review. No development application for the easterly portion of Area of Special Concern No. 1 shall be submitted until this traffic study is accepted. Development within Area of Special Concern No. 1 shall include landscaped or natural buffers at borders held in common with lower density residential uses. Development shall also present a visually appealing view from Beef Bend Road. This presentation includes a minimum of signage, building height variation which generally follows the topography, preservation of natural vegetation and landscaping along the road. In addition, direct pedestrian access to Beef Bend Road shall require as part of development in the Area, as well as a pedestrian way along Beef Bend Road for access to the Neighborhood Commercial site at SW 1315 Avenue. Drainage management in the watersheds affected by development in this Area of Special Concern shall be improved as a result of development in the Area. 9. An area including about 36 existing land parcels south of Scholls Ferry Road between Sunrise Lane and the BPA powerline easement is Area of Special Concern 2. Future land partitions shall be designed and reviewed for location and orientation as they affect circulation in the Area according to the Master Planning-Planned Development provisions of the Community Development Code. A general circulation plan for the Area shall be provided which minimizes 1) crossing of the canyons, and 2) access onto Sunrise Lane. Legal access to property in this area shall be consolidated whenever possible in order to encourage a development pattern which better conforms to the rugged topography. For this part of the Plan, participation in the study by responsible and interested agencies such as Oregon Department of Fish and Wildlife, the Tualatin Hills Park and Recreation District, individual citizens and 4 citizen groups shall be sought. Critical natural sites shall be identified and surveyed. If the findings warrant, a plan for public and private use and protection shall be prepared and include agency role BULL MOUNTAIN COMMUNITY PLAN SUBAREAS Undated 5127,104 identification and financing strategies. Should the adopted study include provision for public use of lands, public acquisition of such land will either a) purchase at fair market value, or b) acquired through i voluntary property owner donation/dedication to an appropriate public entity. The County-wide Park and Recreation Master Plan shall be prepared prior to the Adoption of the first major update of the Bull Mountain Community Plan. In the interim, prior to the preparation and adoption of the County-wide Park and Recreation Master Plan, development is permitted consistent with all other provisions and requirements of the Comprehensive Plan. l BULL MOUNTAIN COMMUNITY PLAN SUBAREAS Ulvda!ed 5,127104 NORTHWEST LOWLAND This subarea includes the predominantly undeveloped northwest corner of the Planning Area. Medium density housing at a maximum of 15 units per acre is planned for the relatively flat land along the Scholls Ferry Road, from the western boundary of the Planning Area to an area of steep terrain just west of Sunrise Lane. Compatible with planned densities north of Scholls Ferry Road, the medium density housing will offer good access to employment, shopping and other activities via Scholls Ferry Road and Murray Boulevard. Medium density housing development will be especially supportive of future transit service along Scholls Ferry Road and a neighborhood commercial center planned on its north side. Such development might also promote an earlier extension of sewer services to the west portion of the Planning Area than might occur without such densities. Approximately 1,000 feet south of Scholls Ferry Road and extending further south approximately 1,000 feet into the steeper slopes is an area planned for low medium residential uses at a maximum of 6 units per acre. This development is intended to act as a transition from the medium densities on Scholls Ferry Road to the low densities on the mountain summit and slopes. The low medium densities also offer an opportunity for small lot and attached housing in a scenic area which is not readily available in the County. Access to employment and shopping and other services is intended to be to the north and east along the existing Arterials. Design Elements: 1. This entire subarea is Area of Special Concern 4 as noted on the Community Plan Map. All development within this subarea shall include provisions for adequate pedestrian and vehicle access to Scholls Ferry Road and pedestrian improvements along Scholls Ferry Road. These improvements shall include a pedestrian path along Scholls Ferry Road and an attractively designed transit stop and pedestrian shelter. A safe walkway will be required across Scholls Ferry ( Road at the Old Scholls Ferry Road intersection to connect the subarea with a neighborhood commercial center planned on the northeast corner of that intersection. Development within this Area of Special Concern shall include natural or landscaped buffers where it borders lower density residential uses. Buffers intended to minimize noise shall be planned between development in the Area and the activities generated by Progress Quarry just north of Scholls Ferry Road. Development shall also present a visually appealing view from Scholls Ferry Road. This includes a minimum of signage, building heights which generally follow the topography, preservation of natural vegetation and landscaping along the road. j. BULL MOUNTAIN COMMUNITY PLAN SUBAREAS Undated 5127104 NORTHERN TRIANGLE High medium residential uses at a maximum of 24 units per acre are planned for this triangular shaped subarea of the Planning Area. Largely undeveloped, the subarea is bordered on two of three sides by Scholls Ferry Road and SW 135th Avenue. Low density development along SW Fern Street and SW Walnut Street forms the southern boundary. The high medium densities take advantage of good transportation access in most directions and provide proximity to business districts in Beaverton and Tigard. A road connection shall be constructed as an Arterial between Scholls Ferry Road and SW 135th Avenue in the general location shown on the Community Plan Map. Specific alignment will be determined at a later date. This connection is to be part of the extension of Murray Boulevard southeast to Pacific Highway (99W). A Neighborhood Commercial center is planned on the northwest corner of the intersection of SW 135th Avenue and the recommended Murray Boulevard Extension. This commercial area shall be from 2-4 acres in size; the site size and shape will depend largely on the alignment of the recommended Murray Boulevard Extension. Low medium residential densities at a maximum of 9 units per acre are designated south of the recommended Murray Boulevard extension connection as a transition from the area of major activity just described to the existing low density residential area around SW Fern Street and SW Walnut Street. Design Elements: 1. Developments within this Subarea shall be reviewed and designed in light of the recommended Murray Boulevard extension. Locations, land use and design conditions may be placed on development proposals in order to allow the future construction of this road. i 2. Orientation of pedestrian activity shall be designed in a manner which takes advantage of future transit availability. This may include directing the orientation of buildings adjacent to Scholls Ferry Road toward that road, designing pedestrian paths on the road frontage and locating parking areas back and away from the major road. 3. The alignment and structure of the recommended Murray Boulevard extension shall be designed to minimize adverse impacts on significant natural resources and surrounding planned residential uses. 4. The area designated for low medium density housing between the recommended Murray Boulevard extension and the low density housing facing Fern Street and Walnut Street is Area of Special Concern 5. 5. This special area shall be designed and reviewed under the Master Planning-Planned Development process. Careful attention shall be given to designing the area as a transition from the medium density housing on the north to low density housing on the south. Development in this Area of Special Concern is already buffered from Scholls Ferry Road and the Progress Quarry by a powerline easement. Nevertheless, development should be oriented to the Area's interior to protect residents from the potential impacts of the recommended Murray Boulevard extension and quarry activity. A minimum number of direct access points shall be planned onto the Murray Boulevard extension. 6. An area including thirteen existing land parcels between Scholls Ferry Road and 135th Avenue and encompassing part of Summer Creek is Area of Special Concern 6. The partitioning of land and building of any structures within this Area shall be designed and reviewed for location and i orientation as they affect circulation according to the Master Planning-Planned Development BULL MOUNTAIN COMMUNITY PLAN SUBAREAS provisions of the Community Development Code. A general circulation plan for the Area shall be provided which minimizes 1) crossing of Summer Creek and 2) access onto Scholls Ferry Road and 135th Avenue. i BULL MOUNTAIN COMMUNITY PLAN SUBAREAS Undated 5;27104 SOUTHERN LOWLANDS The Southern. Lowlands subarea is south of SW Beef Bend Road and King City, west of Pacific Highway and King City, north of the Tualatin River and east of the Urban Growth Boundary. This area is characterized by gently rolling lowlands and several existing medium density developments including a mobile home park south of Fisher Road and condominiums just north of the river. Adjacent King City has an average housing density of approximately 9.6 units per acre. The Community Business District designated along Pacific Highway east of King City is the same as planned for the adjacent area by King City. Other land use designations contiguous to King City's borders are designed to be compatible with the adjacent densities within the City limits. South of Fischer Road, along Pacific Highway, high medium residential densities at a maximum of 24 units per acre are designated for an area which includes some scattered commercial and residential uses. This is planned to reduce congestion caused by strip commercial development on Pacific Highway. It is intended that the immediate commercial needs of residents and visitors be served by nearby commercial activity in King city, south of the Tualatin River, and in the neighborhood commercial center planned at SW 131st and Beef Bend Road. Residential development is planned at medium densities of a maximum 15 units per acre further west along Fischer Road and 131st Avenue. Lower medium residential densities at a maximum 9 units per acre are designated for the inner sections of the subarea near the Tualatin River and adjacent to the low medium density development in King City. A small, approximately 2 acre neighborhood commercial site is planned at the corner of SW 131st Avenue and Beef Bend Road to serve these planned residential areas and development north of Beef Bend Road on the Bull Mountain slopes. In recognition of an existing use, approximately one-half acre adjacent to Pacific Highway south of Fischer Road is designated Community Business District. This designation is the result of unique historical circumstances and shall not be used to justify additional commercial designations in the vicinity. South of Beef Bend Road, between SW 131" Avenue and the BPA powerline right of way, is an area of approximately 89 acres that is designated FD-10. This area, known as Urban Reserve Area 47, was brought inside the UGB by Metro in December 1998. The FD-10 designation reflects provisions of the Washington County-King City Urban Planning Area Agreement (UPAA), which assigns responsibility for comprehensive planning and ultimate urban development of this area to King City. Design Elements: 1. Medium density (R-15) residential development in this subarea shall be designed to provide safe pedestrian access to potential transit stops on Fischer Road and 131st Avenue and the neighborhood commercial site planned at SW 131st Avenue and Beef Bend Road. The perimeter of the R-9 and R-15 density residential developments shall be designed and landscaped for compatibility with contiguous lower density developments. 2. Neighborhood commercial uses are planned for approximately 2-3 acres of land at the intersection of Beef Bend Road and SW 131st Avenue. An area southeast of this intersection, comprising approximately 11 acres of land, is Area of Special Concern 7. Development within this area is to be planned and reviewed under the Master Planning-Planned Development provision in the Community Development Code. However, the area may be included as part of a larger Planned Development proposal in which the commercial uses may be mixed with other uses, such as recreation facilities for surrounding residents. This small neighborhood commercial center at SW 131st and Beef Bend Road is intended to serve the everyday convenience shopping and service needs of residents in the subarea as well as BULL MOUNTAIN COMMUNITY PLAN SUBAREAS '40ate3d 5127/0", residents living on the south slopes of Bull Mountain. Uses such as a grocery store, drug store, and laundromat are intended. The center shall be designed to attract pedestrian use and shall include a covered waiting area for transit users. 3. No development.along Pacific Highway shall be oriented toward or accessed from Pacific Highway directly. Such development shall also be buffered from the highway with landscaping and present a visually appealing view from the highway. 4. All of the land from approximately 600 feet south of Fischer Road to the Tualatin River between Pacific Highway 99 to 131st Avenue comprises Area of Special Concern 8. Development within this area is to be planned and reviewed under the Master Planning-Planned Development provisions in the Community Development Code in order to adequately treat the 100 year floodplain of the Tualatin River. Densities calculated from unbuildable land may be transferred according to the Community Development Code. Above all, in this Area of Special Concern, the Tualatin River and its floodplain shall be retained in its natural condition, including topography and vegetation. Development along -the Tualatin River shall provide for public access to the river and shall dedicate to the public, whenever possible, a pedestrian/bike path along the river connecting a Tualatin River pathway system and a potential community park. The developer shall be required to present a plan addressing the following issues and providing for appropriate solutions: a) types and intensity of recreational, educational and open space uses; b) public pathway system including access to the river and views of the river; c) protection of significant features, including existing vegetation; d) park site identification; ( e) plan for public dedication or acquisition. 5. The approximately 89 acres of land that comprise Urban Reserve Area 47, located south of Beef Bend Road and west of SW 131" Avenue, is Area of Special Concern 9. This area was added to the UGB by Metro in December 1998 by Metro Ordinance No. 98-779D: Accordingly, the Washington County-King City Urban Planning Area Agreement (UPAA) was amended to assign comprehensive planning and development responsibilities for this area to King City. In accordance with the provisions of the UPAA, King City will be responsible for adopting urban plan and zoning designations for the area. The urban designations will not become effective and development of the land in the area pursuant to the designations will not occur until the land has been annexed to King City. Because King City is responsible for comprehensive planning and subsequent development for the area, the FD-10 designation was applied to this area so that development to ultimate urban densities will occur when the land is annexed to the City. In accordance with the provisions of Metro Ordinance No. 98-779D, the southern boundary of Area of Special Concern 9 is the FEMA 100 year flood plain elevation of 129 feet. BULL MOUNTAIN COMMUNITY PLAN SUBAREAS Llndatr d 5;27i04 WESTERN SLOPES In 2002, Metro added to the Regional Urban Growth Boundary (UGB) the area referred to herein as the Western Slopes Subarea. The subarea is approximately 485 acres in'size. The subarea is bordered to the north by Scholls Ferry Road. Roy Rogers and Bull Mountain Roads cross the northern portion of the area. The predominant use of this subarea is agricultural with limited single family residences. This area is designated Future Development - 20 Acres (FD-20) and will maintain this designation until the planning for this new urban area is complete. The planning for this area shall be consistent with the requirements of the Comprehensive Plan and Title 11 of Metro's Urban Growth Management Functional Plan. BULL MOUNTAIN COMMUNITY PLAN SUBAREAS 1 rpdaetod 5,12 04 TRANSPORTATION ( Primary descriptions of Washington County's transportation system policies, strategies, facilities and services, including those serving the Bull Mountain area, are contained in the adopted Washington County 2020 Transportation Plan. Both the county-wide development concept and location criteria for land uses assumed the transportation system as a primary factor in determining composition, orientation, and intensity of specific land uses. For example, commercial and medium to high density residential uses are encouraged to locate adjacent to or close to Collector or Arterial roads. Similarly, increasing costs or roadway improvements were a factor in the self-sufficient, balanced land use concept of development adopted by the County. In the Bull Mountain Planning Area, existing and potential transportation routes are an important factor in determining its development concept, internal circulation and land use location. Bull Mountain Road, Beef Bend and Walnut Street serve most of the traffic generated by development within the area. Other Collector and Arterial roads are located on the perimeter of the planning area and serve to move traffic back and forth between nearby shopping and employment centers and the concentrations of housing planned at the foot of Bull Mountain. ROADS The Washington County 2020 Transportation Plan prescribes significant improvements and changes to the existing road system in the Bull Mountain area. These include widening and rebuilding roads to a standard appropriate to their designated functional classifications, and connecting, extending or realigning certain roads as prescribed in the Washington County 2020 Transportation Plan. These improvements and changes are intended to respond to existing deficiencies in the road system and changes in the traffic flows that are projected to occur. Roadway projects identified as needed during the next 20 years are listed in the Washington County 2020 Transportation Plan's Technical Appendix. TRANSIT Transit service must become an important part of the planning area's. transportation system. Improvements to the road system will be insufficient to accommodate anticipated employment and population growth unless transit service is expanded and ridership increases. The plan assumes that public transit service to the community will be improved generally, with greater frequency of service and better intra-community and inter-community access. Transit policies, strategies, facilities and services are identified in the Washington County 2020 Transportation Plan. These are implemented over time by TriMet in coordination with regional and local governments and service providers, including Washington County, as resources and priorities direct. PEDESTRIAN/BICYCLE PATHWAYS The plan assumes eventual development of all pedestrian and bicycle facilities identified in the Washington County 2020 Transportation Plan. Generally, the Plan calls for bikeways along all Arterial and Collector roads in the area, as well as along major streams and in power line easements. The timing of pathway development will be determined by the availability of resources and the application of plan implementation priorities, as identified in the Transportation Plan. LOCAL STREET CONNECTIVITY Local streets should provide routes for local trips to help keep through trips on Collector and Arterial streets. The aggregate effect of local street design impacts the effectiveness of the Arterial and Collector system when local travel is restricted by a lack of connecting routes, and local trips are forced on to the BULL MOUNTAIN COMMUNITY PLAN TRANSPORTATION Updated 5,127;04 Arterial or Collector network. To ensure that the local street system will provide a connected network that will support local travel needs, lands that have been determined to be of sufficient size and that are i candidates for development or redevelopment, are identified on the Local Street Connectivity Map. The Local Street Connectivity Map indicates where, as part of development: 1) Local streets are required to connect to the existing system; and 2) Where it is impracticable to provide a local street connection based on criteria in the Community Development Code, bicycle and pedestrian accessways are required instead. For the purposes of these standards, an 'accessway' is defined as any off-street way which is intended for the primary use of pedestrians and/or bicycles. Review Standards for Development on Lands Designated on the Local Street Connectivity Maps The following review standards shall be used to: 1) meet Metro's street connectivity requirements; 2) provide a generally direct and uncircuitous pattern of streets and accessways to ensure safe and convenient access for motor vehicles, pedestrians, bicyclists, and transit users; and 3) ensure that proposed development will be designed in a manner which will not preclude properties within the circulation analysis area from meeting the requirements of this section. 1. In the event of a conflict between the standards in this section and the Local Street Connectivity Maps, the more specific Community Plan elements shall control. 2. For residential, office, retail, and institutional development on lands as shown on the Local Street Connectivity Maps, on-site streets shall be provided which meet the following standards: A. Block lengths for local streets and Collectors shall not exceed five hundred and thirty (530) feet between through streets, measured along the nearside right-of-way line of the through street, except when the provisions of Section 2.D. are met. B. The total length of a perimeter of a block for local and Collector streets shall not exceed eighteen hundred (1,800) feet between through streets, measured along the nearside right-of-way line, except when the provisions of Sections 2.D. or Sections 4 or 5 are met. C. Cul-de-sacs and permanent dead-end streets shall be prohibited except where construction of a through street is found to be impracticable due to the provisions of Section 2.D., or application of Sections 4 or 5. D. The Review Authority may modify the review standards of Section 2.A., B., or C. (above) or Section 3 (below) based on findings that the modification is the minimum necessary to address the constraint and the application of the standard is impracticable due to one or more of the following: (1) Topography, although grades that may be too steep for a street are not necessarily too steep for an accessway; (2) Drainage hazard areas, wetlands, flood plains, or a Significant Natural Resource area; (3) Existing development patterns on abutting property which preclude the logical connection of streets or accessways; (4) Abutting undeveloped or underdeveloped property is not designated with an urban residential district, the FD-10 District or an urban reserve area; (5) Arterial access restrictions; or I BULL MOUNTAIN COMMUNITY PLAN TRANSPORTATION QpdHtBd 5 27.1 4 (6) Railroads. E. Streets shall connect to all existing or approved stub streets which abut the development site. F. When cul-de-sacs are allowed under 2.D., they shall be limited to two hundred (200) feet and no more than twenty-five (25) dwelling units unless impracticable. 3. For residential, office, retail, and institutional development on lands as defined on the Community Plan Local Street Connectivity maps, an on-site pedestrian and bicycle circulation system shall be provided which meets the following: A. For blocks abutting an Arterial or Collector, when block lengths exceed five hundred and thirty (530) feet, an accessway shall be provided to connect streets for every three hundred. and thirty (330) feet of frontage or portion thereof; B. Accessways to connect with all existing or approved accessways which abut the development site; C._ Accessways to provide direct access to abutting pedestrian oriented uses and transit facilities which are not served by a direct street connection from the subject property. Accessways to provide future connection to abutting underdeveloped or undeveloped property which is not served by a direct street connection from the subject property and which is not designated as Industrial or General Commercial land where the abutting property line exceeds one hundred (100) feet. Where the abutting property tine exceeds four hundred (400) feet, additional accessways may be required by the Review Authority based on expected pedestrian demand. The Review Authority may reduce the number of required accessways to abutting properties if: a) such a reduction results in spacing of ! streets and/or accessways of three hundred and thirty (330) feet or less, and b) reasonably direct routes are still provided for pedestrian and bicycle travel in areas where pedestrians and bicycle travel is likely if connections are provided. D. Direct connection of cul-de-sacs and dead-end streets to the nearest available street or pedestrian oriented use; E. Accessways may be required to stub into adjacent developed property if the Review Authority determines that existing development patterns or other constraints do not physically preclude future development of an accessway on the developed property and the adjacent developed property attracts a greater than average level of pedestrian use. 4. The Review. Authority may modify the dimensional standards in this section based on findings that these standards conflict with other adopted public facilities standards or traffic safety concerns identified through the development review process and provided that the modification is the minimum necessary to address the constraint. 5. Modification of Standards For an Alternate Design Through a Quasi-Judicial Public Hearing Procedure The Review Authority may approve a modification to the circulation analysis review standards through a Quasi-Judicial Public Hearing procedure based on findings that: A. The applicant has submitted an alternate design which serves the purpose of providing safe, convenient and direct pedestrian and bicycle access and access to transit consistent with the standards of the Transportation Plan, the Community Plans, and the Transportation Planning Rule (OAR 660-12); and BULL MOUNTAIN COMMUNITY PLAN TRANSPORTATION Updated 5/'.1.7!04 B. The development's proposed circulation analysis for pedestrian, bicycle and access to transit meets the following criteria: (1) Does not preclude abutting property from meeting the review standards of Section 2 or 3, above; (2) Provides streets or accessway connections to all existing or approved stub streets or accessways which abut the site; (3) Provides Arterial accessways as required by the standards above; (4) Provides a street and pedestrian/bicycle circulation system design which is compatible with the design of the street and pedestrian/bicycle system of abutting developed property; (5) Provides safe, convenient and generally direct access to transit and nearby pedestrian oriented uses; and (6) Walking distances on pedestrian ways within and from the new development are not increased from what would be developed under the requirements of Section 2 or 3, above. PEDESTRIAN CONNECTIVITY AREAS Pedestrian connectivity areas are areas where pedestrian facilities are needed to improve local pedestrian connectivity. These are areas where the pedestrian facilities will connect neighborhoods and/or provide a more direct route for pedestrians to use. Each pedestrian connectivity area identifies the locations that are to be connected. The appropriate types of pedestrian facilities within these areas are sidewalks along streets, accessways, off-street trails, off-street pathways, or a combination of these i facilities. The pedestrian connectivity areas in this plan and their purpose are described below. • The Baker Lane/Sunrise Lane Area: Connect this area by providing pedestrian facilities between SW Baker Lane and SW Sunrise Lane. For pedestrian connectivity areas with shaded parcels, the entirety of each parcel where the pedestrian facility may be provided across is shown. For other pedestrian connectivity areas, a particular type of facility and its location is identified. Through the development review process, the appropriate type of facilities to be provided in these areas and their location will be identified, except in those areas where a specific facility is shown. The required pedestrian facilities shall be constructed as part of the development of the affected properties. l BULL MOUNTAIN COMMUNITY PLAN TRANSPORTATION tApdatod :>,"l. 7.104 I 13 Std - r ORTH DA A T F T - w l-~ 1- P ~i?r{ II 4 AARD ST r7-} C~ 2. fl~lc D0 I ibLILL ~i~ld (?!P a - - R~ l I - T--~--~_ t I: i s %SCM d '1 f a r lai EP 4 MYRTLE F AVE l~ QQ 7^t~ - i_~- HAZELBROOK D z ~ e w 7c ~ J L " W 1 q n J a~ ~ ~ R ° Transportation Functional g s"_ Community Plan Boundary Classification Map Local Street Non-localstreets and non-special r+ area to calstreets.~ The transportation functional classification for these_ streets and roads is designated in the Transportation Plan. lll~~~ 1 BULL MOUNTAIN COMMUNITY PLAN TRANSPORTATION brlodat~,,d 5,127/04 Distribution of Planned Land Uses Land Use Districts Acres Percentage Residential 5 R-5 26.65 1.78% Residential6 R-6 1,091.46 72.96% Residential9 R-9 192.74 12.88% Residential 15 R-15 148.12 9.90% Residential 24 R-24 15.13 1.01% Residential 25+ R-25+ 0.00% Transit Oriented Residential 9-12 TO:R9-12 0.00% Transit Oriented Residential 12-18 TO:R12-18 0.00% Transit Oriented Residential 18-24 TO:R18-24 0.00% Transit Oriented Residential 24-40 TO:R24-40 0.00% Transit Oriented Residential 40-80 TO:R40-80 0.00% Transit Oriented Residential 80-120 TO:R80-120 0.00% Office Commercial OC 0.00% Neighborhood Commercial NC 0.00% General Commercial GC 0.00% Community Business District CBD 3.71 0.25% Transit Oriented Retail Commercial TO:RC 0.00% Transit Oriented Business District TO:BUS 0.00% Transit Oriented Employment District TO:EMP 0.00% Industrial IND 0.00% Institutional IINST 18.19 1.22% Total 1496.00 100.00% BULL MOUNTAIN COMMUNITY PLAN DISTRIBUTION OF PLANNED LAND USES t.pdate:d,5,`27104 Bull Mountain r Y Mmunity Plan C-0, i ' 1 ~I 1 ~ tj 1 _ P m Washington County r Areas of Special Concern I - AREA OF SPECIAL CONCERN a f K' rl Areas designated on the Community Plan A.S.C. 1 which have specific design elements within r s the plan text addressing one or more special UILUU~ concerns about that area. T_ Planning Area Boundary r IIH ~ HIH1 Nil : W. - - 9 x x INHHNNHNHHHIHH x L'~, f'~ t IHHIHIH ED] N A:S.C ' i ~~WlYnty(~ j l ~,~,I~ I f nmuminun'A Hp~enrrrr,~~ i I ~fllfK R`~4 ~ I Print Date: February 2005 I Li 0, J i I I 3 ~a~ re yq`~rs1 n ~!"k ~j---~ Map Sheet Locations ~.FV~~~9 + a i This map shows the locations D of the map sheets, which comprise 1, ~C.l l , { e the Community Plan. Each map h & r- sheet is at a scale of 1:12000 6 • or 1 inch represents 1000 feet. ' VIEW : Co:"im~ ~ rrunlty3~Pl . UNIO BET 4 zd a..-- Washington County - - T -.a Vicinity Maps and S TWES f L , I Map Sheet Locations TTI HILISBO HILLS MILL ~r _ a sir VN. v 5 , y . 1016 _v EMtk ..r' r ' & Eh, I V ~ vi U " f HILLS } ~ l b n t ALC HA _ ~ x~ Q 3 ~3 Ls~ a~a- - w} ' J; ' E w x' » L.. r 00 MT T.2 31~i HOME ,R•°.~ ~ ~ pax ~a~-.„~q S i I AIM; GER t c f^ ~d~ I l_. j RESC NIAN i Washngtonr 4,_ W:73 s,. y;M,z r{ afes^'..d v' 3•ti:iQ.:ry~:~ '~`"'s'^1="5`'~i,2.,~:',~. kT " a ~ t r wh r Legend for Map to Far Left k taa r J,~~ S' G&- I Tiled Map Sheets Location 6 2", ;fin( x rEx§,,u-w LASiCH Unincorporated Urban Areas r LN Within the Community Plan Boundary 13 EF 3, w. Q Planning Area Boundary ' ° ¢ AV E m Roadways W S 0 01 T'L q, 0 HAZELBR 10 O Print Date: February 2005, i B ul~l Mno,! ~ ~~e LLLL.L LIM C~i, ~ ~,..,RA D H D ~ f t~ tr x ~ k~ ~ or•fF a E- - 11 Cpornf iPlari fHI IQ= MMME77- P-4 ° Washington County Parkin Maximum 01 ;rt H< Designations ZONE A Frequent Transit Areas v k - x ~c a s ()T)a~ Q ZONE T dig' w B ~ I'.3t~~uti Remaining Urban Unincorporated Areas z AL > FFF z _ N F t MawIIIIIIuIIImnll, Planning Area Boundary FRy R: uHl -44 fft a U-11Lt717 affiB A ;`,-,~&$y>'✓"'~3ffi MN`~~y~ 9T:Ai ~v'~k4 ®~p ~t X« 1 tltltl777 Z , a% rlyr 4 III i~ LASICH B EF ❑ = I w E i 0 - R E o a nH r Q N z 7Z { W ~ ¢ Print Date: February 2005 l Bull Mountain Community Plan I ~ L c-' F L I ' Washington County Local Street Connectivity -1 f U-11 F Local Street Connectivity Lands r _ r♦ Required Street Connection Potential Street Connection if practicable; if not, LLJ a Required Accessway nmuumnuuumm Planning Area Boundary i`EH The designated street and accessway connections on this map apply only to the shaded areas on the map. Non-shaded lands may be required, through the - - - development review process, to provide connections - ➢ T = based on criteria in the Community Development Code. 1 k:. Irn f L - ITtttt:?:) y I Ij~~ ~ (1 I 7] t I p Print Date: February 2005 E E WAY Bull Mountain Community Plan. L-Li Washington County N Pedestrian Connectivity. II i ~k Pedestrian Connectivity Area r Purpose; 44 4i, BAKER LTo connect Baker Ln. and Sunrise Ln. GG 3111, ~ I 3 ~ I tiq~r r I'. N I O a , Y PL z SW B OUNTA~ I BULL MOUNTAIN RD f 00 0 z i 01 S.W. C R DG Print Date: February 2005 - - t 's 1 A Bull Mountain v , Q CULTURAL RESOURCES - - r;~:r~,,.:~,.y.~., A:.,.Rar34a,^-.iuC, v'JET:.AN()S ~ ut~ yra' s.. }U pVa• dra•r ~ ' f ` DL1F- r'Snf3; TA- B 0 - t ~ - _ 1 tr.Y,>,.,.c }.u(J i:,i: .•M1`iC.,f~'}Ih=t'~YCG,JI`,^.Y~j)if<nbnY nt, ih aa.u7,x 'k _ " u; a:rs. titan, li~ lab, tat lash 01 r } - , ad know arrt, Y nF,l n,!h waus, 1 and ,ve„and - - U T i E AND I U i 1 AN ED FHAS n - _ - - i , ,w. r~.x:,~.,`r,Y~A, ( ax,v - - - - - - - alrC .FE„lwat ti&r. f_t, 01 on fi~h an, Wild "tam .?I:iA>!"h lCiii'v' Nrr.TL R'tl tl RFY. 7 n, .''•ifas c.`rpen»:I;mtrMan,,r a, t*.esr n:3[ar.:f COnour i.,r Mar " n«e'v ,ywa i,, _ - - _ C "W 8 a ¢ by f~ - - - - - - W.... Er;.:.Ci6n§f'n: and a:ltu.aiwrrai value V. I OPEN SPACE f,rl olsdis oartoi on -,r.es golf murse::renywraS SOW a t x R2} yrrw..,JS i/,tit•..I I:+iE:, hts or t<.ays., n! n,[ure park e;:F= - - „ P ,y.x y - - - - - - as trg} M unhunHut . af6.,.d re_,enbal coma - - - - ',,y - _ - _ _ _ aT - - - - N STCRIC AND Co rURft:UiSOURCE OVERLAY CGTRIC i - _ - 's 4 _ - - _ Hfsl ^.c Resnure es descn[,ecf in 1116 A,a;`!,nytor 'ouniy Curt I aV - . - - . fie: - - - - - - Resources in v6mrory includof, s,k5 'sir arty-- ct ie:t and uvad, nn., f ng. C Hnd and :tuttell`a! Rsisea~ krt&aiay Ck efin, ns it Me MINERAL if, tone .•3 alit=GATE [)1StRiCi tl', ,t. , . - - - - - - ~ a.'.ersiifiar,n'ne°,i[agcfregarE evS,JUn;e araa h INERt'.i 1A.GUR _f . E~..!c G.J7i+Iiv B ' - - e ~ ~,f=nny o-p::l=n-,ai rtarard,agur.r l~•nw"ct i~r-. I < -4 ESUURC=GC'/ERpt:P isidlrt}' 4~5 Mat rf:0i. t13!! nr;f. siCJni, t naitY3 r~::inxc2 is lOCafE1 ,"g.y >~Y j^,.;.' u't., on `,fs ON, !t u.;h rates the pons m, of as Plarr and i:oik, or each Mwouana a{ Pi t + xv SPe'~• p i. ,ie iC ?RESOURCES ScenhRowen ido ,s-', ` - _ - _ - - - g[. i:'s riifaud»,hfc'. •j c*fiara •n>`a~fdt arru-heal':>a le~,a 8,; - - ~~ts: de k{n t,:ns :::rs,r~?:: r,•nat~~ 6i:;.; ,:rri~:w LxYS= sl:~ic?Far-, , - - - i+ ! _ or str~:-::irK canr,:cLiE r,>,.iries firm ;.Yi:,n - - - - - - in the Nbu,xa7 ild aM, S,ra~ R!,er s•i;?em viewa to Sasada ' P,,', firfar,£ ,Y 4fL', Sif{::C ferpi:'? _ I TVE _ - ~ f'vr:[; scrn'>s.~.ege:a;io^c-r wa,6r +;ia;s3s5 'rv i;}}aeems••. tEt::a y3 tII lik3 ~..Y=GJG8(y 9ic'r ca CtN. rticc,r.E.:T FiRCSI Area More MW 12 MW .,.i 6., Do or a won S'.hr',:Y r'. ,~~~x PARK/OPEN C,7i , "1rtEtvriOi !ON AREA 3 r~_~ t='~,:;b;ei1:?Ct'1.',~,.i'i:~•.:'.r.^aeila:;e:SC,'°vi+3,w i},5 ;RYT,:,n':. r,?b le in (?~'if"i aS^E :',C;U:}?tfl,t;: f-i FSf ✓:3te ."a"j?u[. i:~- F - -.....n.,..,. - r nii t?tcrt Y2}"_rl;2i'L_f-JrJ z P°~ ri .'1 h` ry„a& ?raCjygry~ 'i` Tu 3 5-,.,r~k,. NORTH DA TAS r ~ BullYMountaln y b~°~P P f,. ~qh' ~CommufllltPl l~n J 4~✓k~t~ ~ .e,ti„-, ~ f 'r' . ~b rr~:' , a z ~ t ¢ _-,r 3,,,~u <r<"~nY3', Washington County Lo SubAreas 1 ONN t III 111111 IHH ~P~ " " r„ _ - FERRY- a N SUBAREA tv,~ * 1 y q m See plan text for subarea descriptions I 4 s ~~ba + r z NAM E~' and applicable requirements. JC) KK ,<V WE ~,-,L°' 14?, ;D41 IIII II IIIA w G~ Planning Area Boundary 3 SL 0 EDS. ~?3 a t o s d. w a~ a 0 a a rr~l`I ~'f'2a',' ;y e m. 5 fT I d ft",a r a t f GAARD ST UAA LN iIIIIII111111NIIIIIIHfIIH ~1 '%"i Sy'al as I III IL ^trL,r ~§s S a _x a " a a r r a g a a ' sw ~d k" r r , bra ~^N ~ r 1' t', ~ x s . y R a in rJ NTA N ! h ce.a v s i 5' '~i? C ~s exii 7 k t s P eP to 4 a. Y 5 7~, I p ter` rat 'a w _ flllllllll"IIIIIIIIIIH1110. g~_ k: ~¢r sa'~''s"'5'"' d(w '~9' a ra -e arm > NR I T ~ ~E W RM = sr ry.1 i ~ ~r ~ y y,b 8 ~ r' ~n> xf}a'h3,7 S K a1'n' 'Z^~'a a u~ ~J.~ c ~f' a+Ytis x O . 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"v'•7r ! {,l w, I,. 1 _'ti I• rY t jI 'fi`,_ i if II d } rr 4 t r /r' t' I:~ t i I i i _i S>1 S' r ! 4x t'I A v4 t ✓ t ral L4 s j1-1L iL_ i ' I - 1 Ix n T+r'J { ~1,+ e1 , 9'-rt t F '~j a' r I ~ 1 t t -J i 'rX '.u~\ 7 tl,.f1 ~ , yr { ,4 J l i x1 k, lIrf vj$ 1 1 \>u _ M'f 1 n l - i, F 1 + R_ , s r >r~ n,t ul ~M I lal' 1 e. L I _ l r \ 1 - s z- ,Il 7 tt 4r, a w `n ( : . , f ~1 7f5,'~( x 1, r 1 1 I . i r~}tiat9~, , ! x abd«M« t' b •4 IS ,Ii•t ~tl - _ .s. ~*~rdS , T<S-I , Y - ( Z f{i,:farrrJ - 1 i I I~ : , I- 'j !a Wl i, ~i r~~: t I ' ' cf n4,'r" rs^ .r 1 .ai*' \ a rJ i 7 Y k itr' ~I.4,d~~ryiM9,~!welA,!W,bxelrc,N,eax~wlrw{i{ - - ~ L+~~ i 'f ~ I ~ ~h ' { + A: Aa IT t C C~> ~ c"? ~ 5~ ~ C.~ m C1 C> Ca CJ t~ C5 Cs O CJ tv r'u ec+ ax v, ~ ~ ' :n c" 4 rn 55.7 ;CI A 9 ;f} t 7 tr+ A tSi LJO ttt chi c 0 cs ca ~ ar r.i _~.a } ~ lift C,7 c w n v na I CD -tc7or w ~ Q w« co , I a cz c -rt `t7 "Q [lit , C? C? x2r -I I , I r i I ~ I - v~~ tk A _ - - it Washington County S). 9YN 3 Districts {I a:;!' 'I III I'll i _7" y u. T.I 1101 11, it I,- - ! _ 9 - , ~1l W:FhM14 IM1P I I'I I'I'I ''II All J =in, ill„^i,inllilul%:'LII IIiI I; I'I:; uiV:ul, Iililli i. "I,0 - - --w { R-l5 y Fri-24 R-2 5 + i 0 -12 _ nn .1),I 1 -FL.~12-18 ~ - ~ I III .ff - T .R241.40 TO.R40 80 {ice I _ 4 -~4a J r v-- C Gt- i kx4~A _ yam' Y m „f , ' CBU j ORC i i # r - - _ - - - - - - - - - _ - _ - - - F _ l - _ O B U S -3 O~EMP - - § - „ yy NC`s D F # s i pity B.,t it af# r ?i.:i?Y S!?s't.L'i 8:31.!t',d`r;1y - F ~u 11'+LWnM f+W:IA,a, v I.' 11 uommUnitp PIr^,?^: Boundary I s = =r m wro~ - . .°rF1.1 Y rl.^.' i}3;E' : S33f,t::(} 20t)51 t ATTACHMENT 4 Perkins Coile 112o N.W. Couch Street,Tenth Floor Michael C. Robinson Portland, OR 97209-4128 PHONE: 503.727.2264 PHONE: 503.727.2000 EMAIL: mrobinson@perkinscoie.com . FAX: 503.727.2222 www.perkinscoie.com November 8, 2005 VIA EMAIL Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: City of Tigard File No. ZCA 2005-00004 Dear Mayor Dirksen: This office represents the applicant. After discussing the matter with the City Attorney, this letter requests that the City Council reopen the record to allow additional argument and evidence on Tigard Comprehensive' Plan Policy 10.1.1.a(1)- (6) only. The City Council is authorized to reopen the record pursuant to ORS 197.763(6)(c) as provided below: "If the hearing's authority leaves the record open for additional written evidence, arguments or testimony, the record shall be left,open for at least seven days. Any participant may file a written request with the local government for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearing's. authority shall reopen the record pursuant to.subsection (7) of this section." ORS 197.763(7) provides: "When a local governing body, planning commission, hearing's body or hearing's officer reopens a record to admit new evidence, arguments or testimony, any person may raise new issues which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the matter at issue." [37891-0029/PA053120.0971 ANCHORAGE BEIJING BELLEVUE BOISE CHICAGO DENVER HONG KONG- LOS ANGELES MFNLO PARK OLYM PI.A PHOENIX PORTLAND - SAN FRANCISCO SEATTLE - WASHINGTON. D.C. Perkins Coie LLP and Affiliates Mayor Craig Dirksen City of Tigard November 8, 2005 Page 2 My client is a participant in the matter. My client is the applicant and. participated orally and in writing before the Tigard City. Council at the public hearing on October 25, 2005. The Tigard City. Council, at the request of participants in the hearing, left the written record open. Mr. Larry Derr, representing opponents to the application, submitted a letter dated November 1, 2005, during the period the record was left open. Mr. Derr's letter contains new evidence regarding Tigard Comprehensive Plan Policy 10.1.1.a(1)-(6). ORS 197.763(9)(b) defines evidence as "facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision." Mr. Derr's letter contains new evidence because it contains facts, data or other information offered to demonstrate non-compliance with the standard believed by the proponent of the letter to be relevant to the decision.. Tigard Community Development Code sections 18.390.050.D.4 and .5 contain provisions identical to ORS 197.763(6)(c) and (7). I understand that the City Attorney will advise the City Council to consider this request at its November 22, 2005 meeting and to allow argument on the motion. The applicant requests that the following schedule be followed: • All parties may submit argument and evidence relating to Tigard Comprehensive Plan Policy 10.1. La between November 23 and November 30, 2005 at 5:00 p.m. by submitting argument and evidence to the Planner assigned to this application. • Any party may submit rebuttal argument and evidence to the argument and evidence submitted during the first open record period between November 30 and December 7, 2005 at 5:00 p.m. by submitting rebuttal argument and evidence to the Planner assigned to this application. • The applicant will submit final written argument to the Planner assigned to this application no later than December 8, 2005 at 5:00 p.m. • A supplemental staff report, if needed, shall be available for public inspection . no later than December 12, 2005 at 5:00 p.m. • The City Council will reconvene on December 13, 2005 at 7:30 p.m. to make a decision on the application. [37891-0029/PA053120.0971 11/08/05 Mayor Craig Dirksen City of Tigard November 8, 2005 Page 3 Please call me if you have any questions. Very truly yours, Michael C. Robinson MCR:lt cc: Mr. Gary Firestone (via email) Mr. Gary Pagenstecher (via email) Ms. Julie Journeay (via email) Ms. Mimi Doukas (via email) Mr. Andrew Tull (via email) [37891-0029/PA053120.0971 11108105 ATTACHMENT 5 NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIOARD Community Devefopment Shaping ,4 Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, NOVEMBER 22, 2005 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00004 FILE TITLE: SUNRISE LANE ANNEXATION APPLICANT: DR Horton, Inc, - Portland APPLICANT'S WRG Design, Inc. c/o J/T Smith Companies REP.: 5415 SW Westgate Drive 4386 SW Macadam, Suite 102 Portland, OR 97221 Portland, OR 97239 OWNER: Angelo and Rosina Cortese OWNER: Dwight and Paula Cash 15175 SW Sunrise Lane 14885 SW Sunrise Lane Tigard, OR 97224 Tigard, OR 97224 OWNER: James L Corliss OWNER: Leslie and Carol Inman PO Box 23970 15630 SW Greens Way Tigard, OR 97224 Tigard, OR 97224 OWNER: Providence Newberg Health Foundation OWNER: Steven and Joan Nelson 25300 Lone Oak Street 14775 SW Sunrise Lane Hillsboro, OR 97123 Tigard, OR 97224 OWNER: Patricia Marshall OWNER: Richard and Michelle Crombie 14765 SW Sunrise Lane 15165 SW Sunrise Lane Tigard, OR 97224 Tigard, OR 97224 OWNER: Jennifer and Leighton Walsh 15169 SW Sunrise Lane Tigard, OR 97224 REQUEST: The applicant is requesting annexation of nine (9) parcels containing 19.95 acres into the City of Tigard. An additional 5.66 acres has been included by means of consents by Patricia Marshall, Richard and Michelle Crombie, and Jennifer and Leighton Walsh. Therefore, this annexation is for twelve (12) parcels totaling 25.61 acres. THE APPLICANT HAS REQUESTED THAT THE RECORD BE REOPENED TO ALLOW ADDITIONAL EVIDENCE AND ARGUMENT REGARDING COMPLIANCE WITH COMPREHENSIVE PLAN POLICY 10.1.1 ARGUMENTS REGARDING WHETHER THE RECORD SHOULD BE REOPENED MAY BE SUBMITTED IN WRITING TO GARY PAGENSTECHER PRIOR TO NOVEMBER 22, 2005, WHEN THE COUNCIL IS SCHEDULED TO RESUME CONSIDERATION OF THIS MATTER. ORAL TESTIMONY AS TO WHETHER THE RECORD SHOULD BE REOPENED WILL BE RECEIVED AT THE NOVEMBER 22, 2005 MEETING. LOCATION: North of Bull Mountain Road at 150th and Sunrise Lane; WCTM 2S105DD Tax Lots 400, 500, 600, 700, 1000, 1100, 1300, 1400, 1500, 1600, 1700 and 1800. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH 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. 0 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 (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR THE PLANNING TECHNICIANS. AT LEAST FIFTEEN (15) 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 (25fi) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, GARY PAGENSTECHER AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO Garyp@ci.tigard.or.us. Z L FI THE R VICINITY MAP L R ` e ZCA2005-00004 IQI S _ _ SUNRISE LANE ANNEXATION 0 L , sru N C o. City nt'I'iwd 4Q ipna~oe nn ewln...mrw a.. a ro,m Community Development Plot date: Nov 10. 2005, C:1megICNA ICU .AP 11/22/2005 TUE 16:12 FAX IR6800 Q001/003 Is ~~se -A LAW OFFICES OF JOSSELSON, POTTER & ROBERTS 425 NW I OT" AVENUE PORTLAND, OREGON 97209 Telephone: (503) 228-1455 Facsimile: (503) 228-0171 FAX COVER SHEET DATE: November 22, 2005 TO: Cathy Wheatley FAX No.: (503) 684-7297 COMPANY/ FIRM: City of Tigard PAGES: 3 FROM: Lawrence R. Derr, Esq. CC: a::Etc;i.~,.:kr;.~c*~~;c~k%k~F~~a~=kX~~k>kat:k~Y~K>k=f*:k~%k>:=~k•k~k~k*~k*~~.>ti~~~'f~~krk~F~%k-F~Fka:~k~k~F~k~k~k~%k~~k=k~kMrkM~k%f'F~~~k~k MESSAGE My letter of today's date. This fax is also being sent by regular mail. X This is only being sent by fax. The inlixmalion contained in this fax is cunfidential and is iaicnJed only for the "n orthe individual or entity to whom it is addressed. 11 may Contain inlonlialiell prolceied by Oic allorncy-client privilege. Ifyou do 1101 receive all pages. please call (501) 229.1455 and ask for Terri or Kathic. I 11/22/2005 TUE 16:13 FAX 1R6800 002/003 IAW OfficE:s of JOSSEISON, POTTER & RUbERTS ME GREGORY • SUITE 306 425 NW IOTN AVENUE PORTLANd, ORF.qON 97209 TdEpkONE: (503) 228-1455 November 22, 2005 FACSIMILE (503) 684-7297 Tigard City Council Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Re: ZCA2005-00004 Mayor Dirksen and Members of the Council: I represent the Friends of Bull Mountain and Lisa Hamilton-Treick in connection with the above numbered annexation proposal. Michael Robinson requested that the record be reopened to allow additional evidence and argument. He proposed limiting the scope of issues and suggested a multi-step process for receiving the information. We also request that the record be reopened. We agree with the inulti-step process proposed by Mr. Robinson. Our request includes a broader scope as explained below. We also request that the first stage of the process open the record from November 23'x' to December 7'I', rather than November 30"'. With the holiday intervening, one week is not sufficient for participants to react to the Council's decision and assemble necessary evidence to supplement the record. ORS 197.763(6)(c) requires the Council to reopen the record at the request of a party "to respond to new evidence submitted during the [initial] period the record was left open." The only question is what issues the new evidence implicates. Mr. Robinson proposed limiting the issues to those associated with Comprehensive Plan Policy 10. 1. L a(l)-(6). This is a list of services. The broader issues the list relates to are the Plan and Development Code requirements that all services and facilities be available to the annexation property. The open record must allow evidence and argument related to Comprehensive Plan policies 10.1.La and 10.1.2.e and Development Code Section 18.320.020.B. New evidence was also submitted during the initial open record period regarding the validity of consents to annexation and whether the consents were voluntarily given. We request that the reopened record allow evidence and argument concerning the circumstances under which the affected property owners and applicants agreed to annex. LAWRENCE R. DERR FACSIMIIE: (503) 228.0171 OF COUNSEL. E-MAIL: JpR@JpalA\V.COM I 11/22/2005 TUE 16:14 FAX IR6800 fa003/003 Tigard City Council Page 2 - November 22, 2005 In the alternative, the Council could simply adopt the language of the statute and reopen the record to respond to new evidence submitted during the period the record was left open. In any event, it must expand the scope to include the matters described above. Thank you for your consideration of this request. Very truly yours, Lawrence R. Derr cc: Clients City Attorney sm3gO21 W 83JUOd 'NOS13SSOf