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City Council Packet - 05/28/2013 q TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING May 28, 2013 COUNCIL MEETING WILL BE TELEVISED I:\Design&Communications\Donna\City CounciRccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov ■ IN • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL- MEETING DATE AND TIME: May 28,2013 -6:30 p.m. Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 Note:Agenda revised 5/22/2013 to add an executive session topic for consultation with legal counsel. 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 VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-o r.Qov CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m.Monday 6:00 a.m. III ■ • City of Tigard Tigard Business Meeting—Agenda TIGARD . ...w te, .b TIGARD CITY COUNCIL MEETING DATE AND TIME: May 28,2013 -6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 Note:Agenda revised 5/22/2013 to add an executive session topic for consultation with legal counsel. 6:30 PM •EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss labor negotiations *and for consultation with legal counsel about litigation likely to be filed under ORS 192.660(2)(d) and (h).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. *Executive Session topic added on May 22,2013. •STUDY SESSION 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications&Liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) 7:35 p.m. -estimated time A. Consider a Resolution Acknowledging and Commending Megan Risinger for Her Service as Tigard High School Student Envoy to the City of Tigard B. Honor the 2013 State Championship Tigard High School Speech and Debate Team C. Follow-up to Previous Citizen Communication D. Citizen Communication—Sign Up Sheet 3. LEGISLATIVE PUBLIC HEARING: TIGARD GOAL 10 POPULATION AND HOUSING REVIEW- COMPREHENSIVE PLAN AMENDMENT(CPA) 2013-00001 AND DEVELOPMENT CODE AMENDMENT (DCA) 2013-00002 7:50 - estimated time REQUEST: To adopt the Population and Housing Review as a component of Tigard Comprehensive Plan Goal 10: Housing; to amend the current Tigard Comprehensive Plan Goal 10: Housing goals,policies, and recommended action measures;to amend Tigard Development Code section 18.360;and to amend the current Tigard Comprehensive Plan Goal 2: Land Use Planning LOCATION: Citywide. ZONE:All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360; Comprehensive Plan Goals 9; Comprehensive Goal 2;and Statewide Planning Goals 1,2, 10 and 14. 4. ADOPT AN UPDATED 10-YEAR FRANCHISE AGREEMENT WITH PORTLAND GENERAL ELECTRIC 8:30 p.m. - estimated time 5. LEGISLATIVE PUBLIC HEARING: MASCO DEVELOPMENT CODE AMENDMENT- (DCA) 2012-00003 8:45 p.m. - estimated time REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. LOCATION: All properties located within the I-P: Industrial Park Zoning District ZONES: I-P: Industrial Park Zoning District COMP PLAN: Light Industrial APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,&9;Metro Title 4; Comprehensive Plan Policies 2.1.3,2.1.7,9.1.2,9.1.3,&9.1.7;and Community Development Code Chapters 18.380, 18.390,& 18.530. 6. CONSIDER FEE WAIVER FOR CREATIVE HANDS COOPERATIVE PRESCHOOL 9:20 p.m. - estimated time 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. 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. ADJOURNMENT 9:30 p.m. - estimated time • AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: May 28, 2013 (Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask that testimony be kept to around 2 minutes.) 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. 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 becomes part of the public record. 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 Please Print CONTACTED Name: —So. (..ols 6 alAte C4I3e r3 PArA,k.te�h� Also,please spell your name as it sounds,if it will d3 L l Z help the presiding officer pronounce: eSF 4 ) 44' C pits Al Mir t� Address 3 5-vi 7Z►.rd City 1-%C,AR.D P`vs y{c��pyT's State 0 Zip '112 23 Phone No. Name S C%f1Ie K LtinZi'MAr- Also,please spell your name as it sounds,if it will r ' , r ' help the presiding officer pronounce: / Address / /c_ 11-';_ C /1-11�� City T om,9$) State Zip T7-Z-L Phone No. _S 3 QC 3 1-3 ?3 _ .. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address /3/��`� 5 1,t/ City T 4 1'1( State b& Zip 23 Phone No. 3 33 2 `2'37 CITIZEN COMMUNICATION AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: May 28, 2013 (Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask that testimony be kept to around 2 minutes.) 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. 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 becomes part of the public record. 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 Please Print CONTACTED Name: ( � (1V-2 Also,please spell your name as it sounds,if it will 1\)0 06610A6f 16 help the presiding officer pronounce: Il Oi o *W 66tV o,nn W Addres, 1 sue' City 1 � State I av2_ Zip Phone No. q0 9)- (151-0 S Name: l SO a .a • Also,please spell your name as it sounds,if it will fr J akr-k help the presiding officer pronounce: �" " �I nc\\ �ar� Address City State Zip Phone No. 5 013--124-S °kVti Also,please spell your name as it sounds,if it will \\:(J r \ ark hel the presiding officer pronounce: Address j City State Zip Phone No. b 11A- CITIZEN COMMUNICATION Cam,mti,,, � - Questions to Ask Walmart and the City of Tigard The City of Tigard and Walmart representatives were invited to both the April and May Citizens Participation Organization 4M meetings but were unavailable. Attendees asked the following questions at the local 4M meeting Wednesday evening May 22, 2013. General Questions 1) After your latest Walmart mailing to local residents about the construction,why didn't you (Walmart) respond to their questions about it? 2) This Tigard community didn't want a Walmart store five years ago,what makes you think they want one now? 3) Can we have the Walmart development put on the next city council agenda for discussion and answers to our questions? Environmental Questions 4) How many of you have seen wildlife at the proposed site? One answer Eleven of 16 attendees at the CPO raised their hand that they had seen wildlife at the proposed site. 5) During construction and long-term,what effects will there be on the Wetlands? 6) What will be done to protect the ducks,geese,goslings, beaver,spotted owl and other species in the area? 7) What is the closest distance between the intended property line and the area known as "the wetlands"? 8) What is the closest distance between the buildings and the area known as "the wetlands"? 9) Will they(Walmart) try to enhance the wetlands? 10) What had the other box stores done to protect wildlife? 11) How will surface water and the 300-car parking lot be managed to prevent wetland and water body pollution (e.g. fertilizers,anti-freeze, engine oil, and drainages)? 12) What earth-friendly practices and improvements will be implemented (e.g. tree replacement and enhancement, solar energy)? 13) What will the CO2 footprint be of the proposed buildings? 14) Are you (Walmart) going to leave bags of fertilizer outside and uncovered, that will leak into the drainage pipes,the wetlands,and water supply? 15) What steps will be taken to mitigate toxins from running into the wetlands? 16) What will be done to prevent flooding and erosion (e.g. construction of Walmart's Chehalis, WA store has led to flooding damage along 1-5 highway, the "Walmart Sea")? 17) Years ago, studies showed that downtown Tigard had some of the worst air pollution in the region,so we wonder what effects will there be on local air quality? 18) We wonder how will air pollution be improved with the new store and its traffic? 19) Isn't there something the state Department of Environmental Quality can do to stop construction? 20) Has an Environmental Impact Statement (EIS) been completed? Can we get a copy? a o4,e,n No. 2_ SUPPLEMENTAL PACKET FOR 5- ••Qg• aO / (DATE OF MEETING) Infrastructure Questions: 21) What is city paying for? What is the source of funding for each component? 22) What is Walmart paying for? Public Involvement/Process Questions 23) Why was there not'transparency'on the city's part, but rather Walmart coming in as an "Unnamed applicant, choosing to operate under a shroud of secrecy? 24) Why was the last public hearing over 3 years ago? 25) Why did the City of Tigard need to use the powers of"eminent domain"? 26) We heard at previous CPO4M meetings from the city that it was a `fait accompli' for a "Neighborhood store". Why weren't we weren't informed of that it actually was a "super-center" that was planned? 27) Can/Will the City of Tigard post documents (e-documents) as they are completed on the city website (about this and other developments)? 28) (Who will) and How can we monitor compliance? 29) What are decision-makers relations with the parties involved in this siting? Questions for the City of Tigard 30) Why is the City Council approving gas tax usage for a non-priority project like Walmart to the detriment of previously designated priority projects? 31) Are you concerned about being on the wrong side of history in light of(the recent catastrophes) at Walmart's factories in Bangladesh? Especially since Walmart has refused to sign the latest agreement to protect their workers. Do you want this on your permanent record? 32) Is anyone (concerned) looking into property values when statistically they go down when/where Walmart stores are built? 33) When will the City of Tigard receive the $5.1 million check from Walmart and what is the planned use of that money? 34) Will the City/METRO/counties complete an updated traffic impact study? 35) Why is this project exempt from the competitive bidding process? 36) How will a Walmart store in the Tigard Triangle help with downtown Main Street redevelopment and its businesses? Legal Questions 37) Isn't there something the state Attorney General's office can do to stop construction? 38) Why are Federal anti-trust laws not being enforced? Public Safety Questions 39) How do the WCSO and City of Tigard Police Department feel about having the nation's largest gun dealer moving into our city? How do residents feel? 40) If there is increased crime around the Walmart store, what will Walmart do to support the local police to deal with the impact of increased crime? 41) What is the city ordinance on "open carry"vs. concealed weapons? 42) Due to the sensitivity of the current gun debate is it prudent to approve development for the largest retailer of firearms in our city? • Traffic Questions 43) How many vehicle trips per day do you expect at your planned Walmart store? 44) What will the traffic impact be on surface streets? and schools? 45) What is the impact on Highway 99? 46) What is the boundary of your traffic impact study? 47) What will be done to prevent traffic from spilling onto residential areas? Economics Questions 48) What will the tax subsidies be from the city, county,state, and Federal Governments for the Tigard Walmart store? 49) What will the impact be on local businesses? 50) Why should the City of Tigard support Walmart in Tigard if they are going to take a lot more $ out of the local economy? 51) What effects will there be on existing businesses (e.g. large businesses like WINCO, Costco, Fred Meyer; and small businesses)? 52) What are Walmart's plans to contribute to the community on an ongoing basis? 53) A Massachusetts study shows a $420,000/year increase in costs for social welfare programs as a result of a Walmart store. Is Walmart going to pay for that? Will that be provided indefinitely? 54) Will Walmart provide $ to the community for low-income housing and transportation? 55) Why is the City of Tigard investing in a corporation that supports jobs overseas? 56) Will Walmart be granted property tax abatements? 57) What type of annual taxes will Walmart pay to the City of Tigard? Construction Questions 58) Where will all waste water be deposited during construction? 59) During construction and long-term, what effects will there be on the Wetlands? 60) What in the proposed facility embraces sustainability? Employer - Employee relations/Human resources/Benefits 61) Is Walmart going to guarantee first source hiring? 62) Will you allow your employees to unionize? 63) What will be the starting wage/average wage? 64) Will you allow your employees to organize if they choose? 65) How many full-time employees will be hired 66) How many part-time employees will be hired? 67) How many of these employees will qualify for company provided healthcare? 68) Will you hire employees as"temporary" for 366 days, requiring them to work one year to receive benefits? 69) What% of your employees'yearly wage will benefits cost? Comments & Requests A) We request a Health Impact Study to look at possible adverse effects of a Walmart store in Tigard. B) Due to exponential growth since the last traffic study was completed 6/7 years ago, we request a new Traffic Study specific to Walmart's plans C) We request a covered, lighted bus shelter and expanded bus routes D) We request of the Mayor and City manager to have the "Walmart development" put on the next city council agenda for discussion and answers to citizen questions. E) We request an Environmental Impact Study be conducted specific to projections regarding the Walmart development AIS-1339 2. A. Business Meeting Meeting Date: 05/28/2013 Length (in minutes): 5 Minutes Agenda Title: Consider a Resolution Acknowledging and Commending Megan Risinger for Her Service as Tigard High School Student Envoy to the City of Tigard Submitted By: Carol Krager,City Management Council Business Item Type: Resolution Meeting Type: Meeting-Main Public Hearing Newspaper Legal Ad Required?: No Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve a Resolution acknowledging and commending Megan Risinger for her service as the Tigard High School Student Envoy to the City of Tigard. STAFF RECOMMENDATION/ACTION REQUEST Motion to approve resolution. KEY FACTS AND INFORMATION SUMMARY Tigard High School Associated Student Body President Megan Risinger has ably performed as Tigard High School Student Envoy to the Tigard City Council by attending Council meetings and reporting on school activities and milestones. At the end of the school year,council has traditionally considered a resolution acknowledging the envoy for his or her service. This is Megan's last meeting as she will be graduating on June 7,2013. OTHER ALTERNATIVES N/A COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Attachments Resolution AIS-1336 2• B. Business Meeting Meeting Date: 05/28/2013 Length (in minutes): 5 Minutes Agenda Title: Honor the 2013 State Championship Tigard High School Speech and Debate TeamTEAM Submitted Bv: Carol Kroger, City Management Council Business Item Type: Update,Discussion,Direct Staff Meeting Type: Mfg-Study Sess. Public Hearing Newspaper Legal Ad Required?: No Public Hearing Publication Date in Newspaper: Information ISSUE The City Council will honor the 2013 State Championship Tigard High School Speech and Debate Team and their coaches. STAFF RECOMMENDATION / ACTION REQUEST Information only. KEY FACTS AND INFORMATION SUMMARY The Tigard High School Speech and Debate team won the Oregon School Activities (OSAA) 2013 Speech State Championship. This year's contest was held at Western Oregon University on April 18-20. 440 students from 63 schools in Oregon competed. This is the second time in four years that Tigard has taken the top prize The team has finished in the top three for the last 4 years: 2010- 1st,2011-3rd,2012-2nd and 2013-1st. Tigard Speech and Debate qualified 22 students to the State Championship,resulting in: •State Champion (1st place) Dual Interpretation Team-Olivia Cordell and Tristy Retzlaff •State Champion (1st place) Cross Examination Debate Team-Courtney Bither and Narin Luangrath •3 of the top 16 Parliamentary Debate teams in Oregon,including the 3rd place team of Kevin Jiang and Zach Bigej • 1 of the state's top 16 Lincoln Douglas debators-Paul Altotsky •2 semi-finalists in Humorous Interpretation-Kyle Novy Riley and Tristy Retzlaff •A finalist in Dramatic Interpretation-Kyle Novy Riley •A finalist in Impromptu Speaking-Max Redman •Second place finisher in Extemporaneous Speaking-Kevin Jiang The head coach is Matthew Compton and assistant coach is Amber Manning. Three students qualified for the National Forensics Tournament,to be held in Alabama this summer-Kyle Novy Riley, Tristy Retzlaff and Olivia Cordell. OTHER ALTERNATIVES n/a COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS n/a DATES OF PREVIOUS CONSIDERATION n/a AIS-1212 3. Business Meeting Meeting Date: 05/28/2013 Length(in minutes): 45 Minutes Agenda Title: Legislative Public Hearing:Tigard Goal 10 Population and Housing Review Submitted By: Marissa Daniels,Community Development Ordinance Item Type: Public Hearing-Legislative Meeting Type: Council Business Meeting-Main Public Hearing: Yes Publication Date: Information ISSUE Public Hearing to consider a Comprehensive Plan Amendment and Development Code Amendment to adopt the Tigard Goal 10 Population and Housing Review. STAFF RECOMMENDATION/ACTION REQUEST Staff recommends Council support the Planning Commission's recommendation to adopt CPA2013-00001 & DCA2013-00002,as set forth in the attached draft ordinance. KEY FACTS AND INFORMATION SUMMARY - Background The Tigard Goal 10 Population and Housing Review analyzed the city's compliance with state and regional policies related to housing. Driven by a combined Citizens Advisory Committee/Technical Advisory Committee,the purpose of this project was to assist the city in meeting community aspirations for growth,as outlined in the comprehensive plan, while complying with state housing goals and requirements.The result of this effort is the Tigard Housing Strategies Report and updates to the city's Comprehensive Plan and Development Code. Tigard was awarded a Periodic Review grant by the Department of Land Conservation and Development(DLCD) to complete the Tigard Goal 10 Population and Housing Review. Ordinance Adopting the attached ordinance will: •Adopt the population and housing review as a component of Tigard's Comprehensive Plan Goal 10: Housing •Amend the Tigard Comprehensive Goal 10:Housing to reflect current conditions and trends •Amend the Tigard Comprehensive Plan Goal 2: Land Use Planning •Amend Tigard Development Code Section 18.360 to ensure the city's standards related to housing are clear and objective. OTHER ALTERNATIVES The Council may approve,approve with modifications,deny or adopt an alternative to an application for the legislative change or remand to the Commission for rehearing and reconsideration. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION 10/16/12 4/16/13 Attachments Ordinance Exhibit A: Housing Strategies Report Exhibit B: Updates to Goal 10 Exhibit C: Updates to Goal 2 Exhibit D: SDR Code Updates Exhibit E: Staff Report 3 AGENDA ITEM No:-5 May 28, 2013 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing Comprehensive Plan Amendment (CPA 2013-00001) and Development Code Amendment (DCA2O13-00002) REQUEST:To adopt the Population and Housing Review as a component of Tigard Comprehensive Plan Goal 10: Housing;to amend the current Tigard Comprehensive Plan Goal 10:Housing goals,policies,and recommended action measures;to amend Tigard Development Code section 18.360;and to amend the current Tigard Comprehensive Plan Goal 2:Land Use Planning LOCATION: Citywide. ZONE:All City Zoning Districts. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.360; Comprehensive Plan Goals 9;Comprehensive Goal 2;and Statewide Planning Goals 1,2, 10 and 14. 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 Marissa Daniels From: Marissa Daniels Sent: Thursday, May 23, 2013 10:03 AM To: Joanne Bengtson Subject: HBA Comments Importance: High Joanne, SUPPLEMENTAL PACKET FOR 5f2 Lao / 3 Please forward to Council as part of the Thursday packet. (DATE OF MEETING) Thank you, ar-,da ,fo 3 Marissa Daniels � c,„P a 13- OOD1 a Associate Planner .DGA a0 ► 3 - DMZ Community Planning Division City of Tigard J-25D mOny -- 503.718.2428 marissa @tigard-or.gov US�iY� ��va C� 13125 SW Hall Blvd. I Tigard, OR l-�vm¢bL44lders Assn, Marissa, here are my brief comments and please feel free to share them with the City Council and any other interested individuals. As a member of the Housing TAC I believe we did a through and well thought out job of looking at the housing demand and issues facing the city of Tigard in the upcoming years. I believe that infill housing will play a bigger and bigger role to the importance of new housing stock in the city of Tigard. The ideas and suggestions that our group brought forward to add flexibility and ability to add infill housing in Tigard is a very good component to the work we did. The only concern and caution that I have for moving forward is keeping in mind that population forecasts are just a snap shot in time based on forecasts based on today's assumptions. While the information gathered shows that Tigard has enough land available to it to meet housing demand in the next housing cycle, I believe that there are many external factors that cannot be accurately predicted by modeling. With the reality of the tight urban growth boundary that our metro area is faced with additional demand that may not exist in Tigard today and is not forecasted may be created by a lack of housing availability in neighboring cities. For example, with all of the industrial job growth that is coming to the Hillsboro/Washington County area there are many who believe that there is not the housing capacity in Hillsboro and Washington County to add all of these workers. Cities on the Westside with available capacity can expect a spillover effect for demand. While I do believe that the results presented to our TAC are based on the best facts and assumptions of the day, I encourage the Mayor and City Councilors to realize that these are just projections and that this should be re-evaluated as assumptions, availability and demand change. Thank you, Justin Wood Associate Director of Government & Builder Relations 1 I Home Builders Association of Metro Portland t 503.684.1880 I c 503.997.7966 I f 503.684.0588 I hbapdx.org Your HBA membership could be worth thousands! Being an HBA member means getting huge discounts on employee health insurance, fuel, cell phones and more. Your membership doesn't just pay for itself. It can pay you back. Click Here to find out how to get the most from your HBA membership. Strength. Support.Success. Building it Together. Business Development&Marketing I Education &Training I News, Information & Resources I Political Advocacy I Cost- Saving Programs R :. .,; j . :•t :;,1:1t1. , r,,< -., r •.;',J ;t;'.•! r.'r-I-7`A. /?'A)/idi3 t!J its 14.1P 7..F'oniy for Me use or too71(av!ULv;1.'or eta i.,% r•. f.i. .a.,.�,f', it;6.di il', ItF'i!'i:., 00:(!.;•t.• ., ii(il L , 2 AGENDA ITEM No. May 28, 2013 PLEASE PRINT 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. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-1261 4. Business Meeting Meeting Date: 05/28/2013 Length (in minutes): 20 Minutes Agenda Title: ADOPT AN UPDATED 10-YEAR FRANCHISE AGREEMENT WITH PORTLAND GENERAL ELECTRIC Prepared For: Loreen Mills Submitted By: Loreen Mills, City Management Council Business Motion Requested Meeting- Item Type: Ordinance Meeting Type: Main Public Hearing Newspaper Legal Ad Required?: No Public Hearing Publication Date in Newspaper: Information ISSUE Should the Council approve an ordinance to adopt an updated 10-year franchise agreement with Portland General Electric (PGE) to operate an electric light and power system in Tigard? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends approval of the attached ordinance and franchise agreement. KEY FACTS AND INFORMATION SUMMARY Portland General Electric (PGE) first entered into a franchise agreement with the City of Tigard in 1962 to operate an electric light and power system. The current 20-year franchise agreement was approved in 1993 and expires on 6/23/2013. In accordance with Tigard Municipal Code(TMC) 15.06 "Franchised Utility Ordinance",PGE has requested an updated franchise agreement with the City and has been negotiating terms with staff and legal counsel since May 2012. The proposed ordinance grants a non-exclusive franchise,including the rights and responsibilities of the City and of PGE.The proposed agreement includes the following: • 10-year franchise term rather than the previous 20-year term •Franchise fee of 3.5%and 1.5%privilege tax continues •Definitions section to more clearly clarify meaning of terms •City's authority to require relocation of electric facilities for any public project or improvement which is owned or managed by the City or other public entity is clarified and that the costs of the relocation will be at the sole expense of PGE •City and PGE confirm and will continue the practice of working together on city-required relocations to:a) find a suitable location for PGE's facilities to be relocated;b)maintain sufficient service;and c)minimize the economic impact to both parties This franchise agreement addresses the policy and legal concerns raised by Council during the negotiations process. The agreement has been tentatively approved by PGE and the city's negotiations team,subject to Council approval. OTHER ALTERNATIVES •Do not approve the electrical franchise agreement. If Council does not approve the attached agreement,PGE's utility will be governed by the City's Franchised Utility Ordinance(TMC 15.06) beginning 6/24/2013. In order to confirm the current PGE franchise fee revenue payment schedule,staff will prepare an ordinance for Council action before 6/23/2013 which,if approved,will clarify that PGE makes annual 3.5%franchise fee payments and quarterly 1.5%privilege tax payments to the City. COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS •TMC 15.06 "Franchised Utility Ordinance " •TMC 15.04"Work In Right-Of-Way" DATES OF PREVIOUS CONSIDERATION • Council executive sessions/confidential attorney-client communications: 1/10/12, 6/8/12, 11/14/12, 11/25/12, 1/15/13&4/18/13 •2/5/2013 -Council adopted ordinance to extend the termination date of the current PGE franchise agreement to 6/23/2013 Fiscal Impact Cost: N/A Budgeted(yes or no): Yes Where Budgeted (department/program): General Fund Additional Fiscal Notes: PGE franchise revenues will continue as: •3.5%of gross revenues for franchise fee;and • 1.5%of gross revenues for privilege tax. Attachments PGE Franchise Ordinance PGE Franchise Agreement CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO.13- AN ORDINANCE GRANTING A RENEWAL OF THE NON-EXCLUSIVE FRANCHISE WITH PORTLAND GENERAL ELECTRIC COMPANY (PGE) TO OPERA"1'E AN ELECTRIC UTILITY SYSTEM IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE AND OPERATE THIS SYS 1'EM IN THE PUBLIC RIGHTS-OF-WAY; FIXING THE PERMS AND CONDITIONS FOR SAIDFRANCHISE, REPEALING ORDINANCE NO. 93-07, AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT,AND DECLARING AN EMERGENCY. WHEREAS, the Tigard Municipal Code ("TMC") Section 15.06.060 allows the City Council to grant a non- exclusive utility franchise to any person providing utility services which meets the requirements of the TMC; and WHEREAS,Portland General Electric Company (PGE) last held a 20-year franchise agreement with the City from 2/23/1993 through 6/23/2013 at which time it will expire;and WHEREAS,PGE and the City of Tigard have negotiated a new 10-year franchise agreement;and WHEREAS,the existing franchise granted by Ordinance No. 93-07 will expire on June 23,2013,and the City Council finds that it is in the public interest to maintain continuous electric service within the City and to assure continuous management of and receipt of compensation for the use of the City's rights of way by PGE, and as such an emergency should be declared so that a franchise may remain in effect upon the expiration of the current agreement. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: A new,ten-year franchise for Portland General Electric Company(PGE)is hereby granted,including all of the terms and conditions as set forth in the agreement attached as Exhibit A to this ordinance. SECTION 2: The Mayor is authorized and directed to sign the agreement attached to this ordinance as Exhibit A on behalf of the Council. SECTION 3: The City Council determines that the fee imposed by this franchise is not a tax subject to the limitations of Article XI,Section 11 (b) and 11 (19) of the Oregon Constitution and is not a fee imposed on property or property owners by fact of ownership. SECTION 4: This ordinance shall replace and repeal the prior franchise with PGE,Ordinance No. 93- 07,adopted on February 23, 1993,which Ordinance remained in effect until the effective date of this ordinance. SECTION 5: Because of the need to maintain continuous electric service to citizens of Tigard and a stable flow of revenue from franchise fees,an emergency is declared and this ordinance shall take effect upon its passage and signing of the agreement attached as Exhibit A to the ordinance. ORDINANCE No. 13- 101302223;1 Page 1 PASSED: By vote of all council members present after being read by number and tide only,this day of ,2013. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of ,2013. John L.Cook,Mayor Approved as to form: Special Counsel Date ORDINANCE No. 13- {003077'3;1} Page 2 1 CITY OF TIGARD, OREGON 2 FRANCHISE AGREEMENT 3 4 THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into by and 5 between the City of Tigard,an Oregon municipal corporation, ("City") and Portland General 6 Electric Company,a corporation, ("Franchisee") qualified to do business in Oregon. 7 8 RECITALS 9 10 1. Pursuant to Federal law, State statutes, and City Charter and local ordinances, the 11 City is authorized to grant non-exclusive franchises to occupy the rights-of-way as defined in 12 Chapter 15.06 of the Tigard Municipal Code ("TMC"),in order to place and operate a Utility 13 System within the municipal boundaries of the City of Tigard ("Franchise Area");and 14 15 2. Franchisee has requested a franchise to place and operate an electric light and power 16 system(a"Utility System"as further defined in TMC 15.06.020),within the Franchise Area; 17 18 3. The City has found that Franchisee meets all lawful requirements to obtain a 19 franchise,and therefore approves the application. 20 21 NOW, THEREFORE, in consideration of the mutual promises contained herein, 22 the parties agree as follows: 23 24 AGREEMENT 25 26 SECTION 1. GRANT OF AUTHORITY. The City grants Franchisee the non-exclusive 27 right to occupy City rights-of-way to place and install, repair,maintain, upgrade and operate 28 Facilities necessary for the operation of Franchisee's Electric Light and Power System (as 29 defined below) upon, over, along, and across the surface of and the space above and below 30 the streets,alleys,roads,sidewalks,trails,paths,bridges,and all other public ways over which 31 the City has jurisdiction or manages (collectively, "Public ROW") as defined in TMC 32 15.06.020(5),as well as Public Utility Easements ("PUEs") on third party property which will 33 be managed by the City thereafter, for the provision of Franchisee's Electric Light and 34 Power System within the City for a term of ten (10) years from and after the Effective Date 35 of this Agreement (the "Term"), except as set forth below. All Franchisee Facilities in 36 possession of Franchisee currently or during the Term that are located within the Public 37 ROW are covered by this Franchise and the location and placement thereof are hereby 38 acknowledged for the purposes of this Franchise, subject to Grantee's acknowledgement 39 that the City has not inventoried or evaluated Grantee Facilities to ensure their compliance 40 with applicable state and federal laws,regulations and orders. 41 42 SECTION 2. PERFORMANCE. Except as provided elsewhere in this Agreement, 43 during the Term, Franchisee agrees to comply with all lawful terms and conditions of the 44 Charter of the City of Tigard and general ordinance provisions passed pursuant thereto 45 existing as of the effective date of this Agreement. All work performed under the terms of 46 this Franchise, including work performed by PGE, the City, or under the City's direction 47 shall comply with the requirements of the NESC and PGE's construction and operating 48 standards in effect at the time of installation. 49 Tigard/PGE Franchise Agreement 2013 Page 1 1 Any requirements for provision of financial security or performance bond by the 2 Franchisee related to work performed under the terms of this Franchise, including TMC 3 Chapters 15.04.135-3-c and 15.04.140 are hereby waived by the City. 4 5 Should there be a direct conflict between any terms or conditions stated in a permit 6 granted by the City and the terms of this Franchise, the terms of this Franchise shall control. 7 8 SECTION 3. TAXES. Nothing contained in this Agreement shall be construed to exempt 9 Franchisee from any license fee, permit fee, occupation tax, privilege tax, excise tax or 10 assessment, or other City fee or tax which is or may be lawfully imposed on Franchisee. 11 12 SECTION 4. INSURANCE. On or before the Effective Date of this Agreement, 13 Franchisee shall provide a certificate of insurance that names the City,its officers, directors, 14 and employees as an additional insured but only to the extent of Franchisee's contractually 15 assumed indemnity obligation under this Agreement and TMC 15.06.190. Franchisee 16 insurance shall offer the following coverage: 17 18 (A) Commercial General Liability insurance covering all operations by or on behalf of 19 Franchisee for Bodily Injury and Property Damage, including Completed Operations and 20 Contractors liability coverage, in an amount equal to at least Three Million Dollars 21 ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate. 22 23 (B) Business Automobile Liability insurance to cover any vehicles used in connection 24 with its activities under this Franchise, with a combined single limit equal to at least Three 25 Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) in the 26 aggregate. 27 28 (C) Workers' Compensation coverage as required by law and Employer's Liability 29 Insurance with limits equal to One Million Dollars ($1,000,000). 30 31 (D) Franchisee shall have the right to self-insure any of the foregoing insurance 32 requirements under this Agreement, in compliance with TMC 15.06.180, excepting the 33 requirement for 30 days notice of cancellation. 34 35 SECTION 5. SEVERABILITY. If any section, subsection, sentence,paragraph, term, or 36 provision hereof is determined to be invalid, or unenforceable by any court of competent 37 jurisdiction, such determination shall have no effect on the validity of any other section, 38 subsection, sentence, paragraph, term or provision hereof, all of which will remain in full 39 force and effect for the term of the Agreement. If any material portion of the Agreement 40 becomes invalid or unenforceable so that the intent of the Agreement is frustrated, the 41 parties agree to negotiate replacement provisions to fulfill the intent of the Agreement 42 consistent with applicable law. If the parties are unable to agree on a revised franchise 43 agreement within ninety (90) days after a portion of this Franchise is found to be invalid or 44 unenforceable, either party may terminate this Franchise by delivering one hundred and 45 eighty (180) days' notice to the other party. In such case,to the extent Franchisee continues 46 to provide electricity service in the City using Franchisee Facilities within Public ROW, the 47 Franchisee's operations and Facilities shall be subject to lawful applicable state and local laws 48 and regulations. 49 Tigard/PGE Franchise Agreement 2013 Page 2 1 SECTION 6. REMEDIES. 2 3 (A) In determining which remedy or remedies are appropriate, the City shall consider the 4 nature of the violation, the person or persons burdened by the violation, the nature of the 5 remedy required in order to prevent further such violations, and any other matters the City 6 deems appropriate. 7 8 (B) Failure to enforce any term, condition or obligations imposed upon Franchisee shall 9 not be construed as a waiver of a breach of any term, condition or obligation imposed upon 10 Franchisee by or pursuant to this Agreement. A specific waiver of a particular breach of any 11 term, condition or obligation imposed upon Franchisee by or pursuant to this Agreement 12 shall not be a waiver of any other, subsequent or future breach of the same or of any other 13 term,condition or obligation,or a waiver of the term,condition or obligation itself. 14 15 SECTION 7. DEFINITIONS. In addition to the definitions contained in TMC Chapter 16 15.06,the following are made part of this Franchise. 17 18 (A) Captions. Throughout this Franchise, captions to sections are intended solely to 19 facilitate reading and to reference the provisions of this Franchise. The captions shall not 20 affect the meaning and interpretation of this Franchise. 21 22 (B) Definitions. For purposes of this Franchise, the following terms, phrases,and their 23 derivations shall have the meanings given below unless the context indicates otherwise. 24 When not inconsistent with the context, words used in the present tense include the future 25 tense, words in the plural number include the singular number, and words in the singular 26 number include the plural number. The word "shall" is always mandatory and not merely 27 directory. 28 29 (1) "City" means the City of Tigard, Oregon, a municipal corporation, and all of the 30 territory within its corporate boundaries,as such may change from time to time. 31 (2) "City Council"means the Council of the City. 32 (3) "City Engineer"means the City Engineer of the City. 33 (4) "City Manager"means the City Manager of the City. 34 (5) "City Recorder"means the Recorder of the City. 35 (6) "Director of Finance" means the Director of Finance of the City. 36 (7) "Emergency"shall have the definition contained in in TMC 15.06.020. 37 (8) "Franchise" means this Franchise Agreement as fully executed by the City and 38 Franchisee and adopted by the City Council pursuant to Ordinance No. 13- 39 (9) "Franchisee"means Portland General Electric Company,an Oregon corporation. 40 (10) "Franchisee Facility" means any physical component of Franchisee's Electric Light 41 and Power System subject to this Franchise, including but not limited to any poles, guy 42 wires, anchors, wire/conductor, fixtures, meters, equipment, conduit, circuits, vaults, 43 switch cabinets, transformers, secondary junction cabinets, antennas, communication 44 equipment and other property necessary or convenient to supply electric light and power 45 by Franchisee within the Franchise Area. 46 (11) "Franchisee's Electric Light and Power System" means all Franchisee Facilities used 47 by Franchisee in the transmission and distribution of its services that are located within 48 the Franchise Area. 49 (12) "Gross Revenues" shall be deemed to include any and all revenues received by 50 Franchisee within the City from Franchisee's Electric Light and Power System, and Tigard/PGE Franchise Agreement 2013 Page 3 1 includes, but is not limited to, the sale of and use of electricity and electric service, and 2 the use, rental, or lease of Franchisee Facilities, after adjustment for the net write-off of 3 uncollectible accounts. Gross Revenues do not include proceeds from the sale of bonds, 4 mortgages or other evidence of indebtedness, securities or stocks, or sales at wholesale 5 by one public utility to another of electrical energy when the utility purchasing such 6 electrical energy is not the ultimate consumer. Gross Revenues also do not include 7 revenue from joint pole use. For purposes of this Franchise,revenue from joint pole use 8 includes any revenue collected by Franchisee from other franchisees, permittees, or 9 licensees of the City for the right to attach wires,cable or other facilities or equipment to 10 Franchisee's poles or place them in Franchisee's conduits. To the extent that the City's 11 authority to tax Gross Revenues of the Franchisee is limited by ORS 221.410 through 12 221.655, the City shall apply the statutory limitation to the definition of "Gross 13 Revenues." 14 (13) "NESC"means the National Electrical Safety Code. 15 (14) "OPUC"means the Oregon Public Utility Commission. 16 (15) "Person" means any natural person, individual, firm, sole proprietorship, 17 partnership, copartnership, association, corporation,cooperative, entity or other form of 18 organization authorized to do business in the State of Oregon. 19 (16) "Public ROW" shall have the meaning described in Section 1, and, in addition, 20 includes the subsurface under and airspace over the areas described. 21 (17) "Term" shall have the meaning described in Section 1. 22 (18) "TMC" shall mean the Tigard Municipal Code. 23 (19) "Year," "annual," or "annually" means the period consisting of a full calendar year, 24 beginning January 1 and ending December 31, unless otherwise provided in this 25 Franchise. 26 27 SECTION 8. CONSTRUCTION. 28 29 (A) Construction. Assuming there is sufficient space in the Public ROW that meets the 30 City's and the Franchisee's construction standards and NESC requirements, all facilities shall 31 be placed between the curb and the sidewalk or the adjacent PUE,unless another location is 32 approved by the City Engineer. For any land use development in the City requiring 33 Franchisee's services, the City shall notify Franchisee of such pending land use development 34 and Franchisee shall notify the City of Franchisee's construction standards that are provided 35 to the OPUC and NESC requirements that are applicable to the pending land use 36 development. To the extent the City has authority to do so, the City shall impose a 37 condition on its land use development approval that the developer either (i) provide a 38 sufficient location in the Public ROW located in the land use development for Franchisee's 39 Facilities that meet the applicable Franchisee construction standards and NESC 40 requirements, or (ii) provide or obtain an easement for Franchisee Facilities that meet the 41 applicable Franchisee construction standards and NESC requirements. 42 43 (B) Emergency Repairs. In the event Emergency repairs to Franchisee Facilities are 44 necessary and require excavation within the Public ROW, Franchisee shall notify the utility 45 one-call notification system prior to making any excavations. Franchisee may initiate such 46 Emergency repairs including any excavations necessary to effect such repairs upon making 47 the necessary notification to the utility one—call notification center. If Emergency work has 48 been completed by Franchisee in the Public ROW and the City determines such work was 49 not completed in a City approved manner in accordance with TMC 15.04.120, the City shall 50 notify Franchisee and provide Franchisee with thirty (30) days or as agreed to by the City Tigard/PGE Franchise Agreement 2013 Page 4 1 Engineer after the Emergency repairs are completed to reperform the work in a City 2 approved manner. 3 4 (C) Cooperation between Franchisee and City. In accordance with state law, rules 5 and regulations, for purposes of this Franchise,including but not limited to Sections 8, 9, 10, 6 11 and 12, Franchisee and City shall work together and timely respond to each party's 7 informational requests during any design process affecting the Public ROW including 8 construction, relocation, excavation and restoration to establish suitable locations for 9 Franchisee's Facilities and cooperate to minimize the economic and public inconvenience 10 impacts associated with any such work. The Franchisee and City shall meet at least annually 11 to forecast potential construction, relocation and other activities which may be subject to 12 this Franchise. To the extent each party has independent authority to control review times, 13 Franchisee and City agree to respond to any proposed improvement plans submitted to each 14 other and which may impact either party's facilities within 30 days of submission of 15 improvement plans by one party to the other; provided, however, the parties acknowledge 16 the land use response timelines may be shorter than 30 days and the parties will endeavor to 17 respond in accordance with such land use response timelines. Additionally, the Franchisee 18 and the City may mutually agree to a longer period of time to respond to plan submittals in 19 order to allow adequate time to review a larger or more complex project or as otherwise 20 agreed to by the City Engineer and PGE. 21 22 SECTION 9. SUPPLYING MAPS. After providing Franchisee with twenty-four (24) 23 hours prior notice, the City may inspect Franchisee maps (excluding Franchisee proprietary 24 information) at any time during Franchisee's business hours. Upon request of the City and 25 without charge, Franchisee shall furnish current maps to the City by electronic data in read- 26 only format showing the general location of Franchisee Facilities, excluding Franchisee 27 proprietary information. Unless required by law, the City will not sell or provide Franchisee 28 prepared maps or data to third parties without written permission from Franchisee, except 29 that City may furnish the publicly available portions of said maps or data to Persons 30 employed by or under contract to the City for the performance of services related to Public 31 ROW. Upon request of Franchisee, the City will make available to Franchisee any relevant 32 maps or data prepared by or held by the City and related to the Public ROW at no charge to 33 Franchisee. 34 35 SECTION 10. EXCAVATION. For Public ROW not subject to the four (4) year "no 36 cut" moratorium contained in TMC 15.04.135, and where boring operations are deemed 37 impractical, Franchisee may make all necessary excavations within the Public ROW for the 38 purpose of installing, repairing, upgrading or maintaining Franchisee Facilities subject to the 39 requirements of TMC 15.04.135. All borings and excavations made by Franchisee in the 40 Public ROW shall be properly safeguarded for the prevention of accidents in accordance 41 with adopted City Public Works construction standards. Except to the extent waived by the 42 City pursuant to this Agreement or otherwise, Franchisee's work under this Section shall be 43 completed in strict compliance with all applicable rules, regulations and ordinances of the 44 City. 45 46 SECTION 11. RESTORATION AFTER EXCAVATION. Whenever Franchisee 47 performs any excavation or other work affecting Public ROW, as required by TMC 48 15.04.120 and this Franchise,Franchisee shall at its own expense restore the Public ROW to 49 the same or better condition as the area was in prior to Franchisee's work. Franchisee shall 50 not be required, at Franchisee's expense, to pave a gravel street that was gravel prior to the Tigard/PGE Franchise Agreement 2013 Page 5 1 excavation, install sidewalk panels or curbs that did not exist prior to the excavation, or 2 construct additional improvements in the Public ROW that did not exist prior to the 3 excavation. This Section 11 shall in no way limit any conditions set forth in an approval 4 from the City of a Franchisee land use application. If Franchisee fails to restore and 5 properly maintain for two years following acceptance of the restoration the Public ROW to 6 at least the same or better condition that it was in prior to the excavation,in accordance with 7 generally applicable published City standards, the City shall give Franchisee written notice 8 and provide Franchisee a reasonable period of time,not to exceed thirty(30) days, to restore 9 the Public ROW. If the work of Franchisee creates a public safety hazard as determined by 10 the City Engineer, Franchisee may be required to repair or restore the Public ROW within 11 twenty-four (24) hours notice from the City, or such time as agreed between the City 12 Engineer and Franchisee, taking into consideration weather and other relevant factors. 13 Should Franchisee fail to make such repairs or restorations within the aforementioned time 14 frames, the City may, after providing notice to Franchisee and a reasonable opportunity to 15 cure,refill or repave (as applicable) any opening made by Franchisee in the Public ROW and 16 the expense thereof shall be paid by Franchisee. The City reserves the right, after providing 17 notice to Franchisee, to remove or repair any work completed by Franchisee, which, in the 18 determination of the City Engineer is inadequate, using a qualified contractor. The cost 19 thereof, including the cost of inspection and supervision, shall be paid by Franchisee within 20 30 (thirty) days after receipt of an invoice from the City. In the event that Franchisee's work 21 is coordinated with other construction work in the Public ROW, the City Engineer may 22 temporarily excuse Franchisee from restoring the surface of the Public ROW,providing that 23 as part of the coordinated work,the Public ROW is restored to good order and condition. 24 25 SECTION 12. RELOCATION. 26 27 (A) Permanent Relocation Required by City. This subsection (A) covers permanent 28 relocation of overhead Franchisee Facilities that will remain overhead, and underground 29 Franchisee Facilities that will remain underground. The City has authority to require 30 removal,relocation, change or alteration of a Franchisee Facility under TMC 15.06.260. The 31 City shall not exercise such authority if the project or improvement necessitating the change 32 in location will not be owned or managed by the City or another public entity. Should 33 Franchisee fail to remove or relocate any such Franchisee Facilities within ninety (90) days 34 after the date established by the City,which,except in the event of a public Emergency,shall 35 not occur sooner than ninety (90) days after the City provides written notice to remove/ 36 relocate to Franchisee, the City may cause or effect such removal or relocation, performed 37 by a qualified contractor, and the expense thereof shall be paid by Franchisee. However, 38 when the City requests a subsequent relocation of all or part of the same Franchisee 39 Facilities less than one year after the initial relocation that is necessary or convenient for a 40 public project, and not at the request of or to accommodate a third party, the subsequent 41 relocation shall be at the expense of the City. 42 43 (B) Notice. The City will endeavor to provide as much notice prior to requiring 44 Franchisee to relocate Franchisee Facilities as possible. The notice shall specify the date by 45 which the existing Franchisee Facilities must be removed or relocated. Nothing in this 46 Section 12 shall prevent the City and Franchisee from agreeing, either before or after notice 47 is provided, to a mutually acceptable schedule for relocation. Franchisee and City shall 48 diligently work together in good faith during the design process for any project necessitating 49 the relocation of Franchisee's Facilities to establish a suitable location for Franchisee's 50 Facilities in the Public ROW, or PUE, that meet Franchisee's construction standards as Tigard/PGE Franchise Agreement 2013 Page 6 1 provided to the OPUC,the NESC and generally applicable published City standards in order 2 for Franchisee to maintain sufficient service and to minimize the economic impact to 3 Franchisee and the City associated with such relocation of Franchisee's Facilities. 4 5 (C) Permanent Relocation - Undergrounding. This subsection (C) applies to 6 conversions of Franchisee Facilities from overhead to underground regardless of whether or 7 not such conversion is made in conjunction with a public project. As permitted by, and in 8 accordance with City ordinance and any applicable law,administrative rule, or regulation, the 9 City may require Franchisee to convert any overhead Franchisee Facilities to underground 10 Franchisee Facilities at the same or different locations,subject to the NESC and Franchisee's 11 engineering and safety standards. This subsection shall not apply to Franchisee Facilities 12 used for or in connection with the transmission of electric energy at nominal voltages in 13 excess of 35,000 volts or to pedestals,cabinets or other above ground equipment installed in 14 accordance with Franchisee's standard design criteria and any applicable City standards. Any 15 such underground relocation shall be consistent with applicable approved or adopted 16 development plans or projects of the City, or as approved by the City. The expense of such 17 a conversion shall be paid by Franchisee, and Franchisee may recover its costs from its 18 customers in accordance with state law, administrative rule, or regulation. Nothing in this 19 subsection prevents the City and Franchisee from agreeing to a different form of cost 20 recovery on a case-by-case basis consistent with applicable statutes, administrative rules, or 21 regulations. 22 23 (D) Temporary Relocation at Request of City. This subsection (D) covers temporary 24 relocation of overhead Franchisee Facilities that will remain overhead, as well as 25 underground Franchisee Facilities that will remain underground. The City may require 26 Franchisee to temporarily remove and relocate Franchisee Facilities by giving sixty (60) days 27 notice to Franchisee. Prior to such relocation, the City agrees to provide a suitable location 28 in the Public ROW,as mutually agreed, or a temporary construction easement that meets the 29 Franchisee's construction standards and NESC requirements, and that allows the Franchisee 30 to place its Facilities on the easement in order to maintain sufficient service until such time 31 as the Franchisee moves its Facilities to their permanent location. The cost of temporary 32 removal or relocation of Franchisee Facilities that is necessary for public projects, as well as 33 cost of replacing Franchisee Facilities in their permanent location, shall be paid by 34 Franchisee. However, when the City requests a subsequent relocation of all or part of the 35 same Franchisee Facilities less than one year after the initial relocation, that is necessary or 36 convenient for a public project and not at the request of or to accommodate a third party, 37 the subsequent relocation shall be at the expense of the City. 38 39 (E) Relocation at Request of or to Accommodate Third Party. In the event that any 40 relocation of Franchisee Facilities is requested by or is to accommodate a third party, 41 Franchisee shall seek reimbursement from the third party consistent with the Franchisee's 42 tariff on file with the OPUC and not from the City. Such relocation shall be consistent with 43 any applicable long-term development plan or projection of the City or approved by the 44 City. If the relocation of Franchisee Facilities is caused or required by the conditions placed 45 by the City on approval for projects of third parties, such relocation shall in no event fall 46 under the provisions of subsections (A), (C) or(D) of this Section 12. 47 48 (F) Temporary Relocation at Request of Third Parties. Whenever it is necessary to 49 temporarily relocate or rearrange any Franchisee Facility in order to permit the passage of 50 any building, machinery or other object, Franchisee shall perform the work after receiving Tigard/PGE Franchise Agreement 2013 Page 7 1 sixty (60) business days written notice from the persons desiring to move the building, 2 machinery or other object. The notice shall: (1) demonstrate that the third party has 3 acquired at its expense all necessary permits from the City; (2) detail the route of movement 4 of the building, machinery, or other object; (3) provide that the person requesting the 5 temporary relocation shall be responsible for Franchisee's costs; (4) provide that the 6 requestor shall indemnify and hold harmless the City and Franchisee from any and all 7 damages or claims resulting either from the moving of the building, machinery or other 8 object or from the temporary relocation of Franchisee Facilities;and (5) be accompanied by 9 a cash deposit or other security acceptable to Franchisee for the costs of relocation. 10 Franchisee in its sole discretion may waive the security obligation. The cash deposit or other 11 security shall be in an amount reasonably calculated by Franchisee to cover Franchisee's 12 costs of temporary relocation and restoration. All temporary relocations under this 13 subsection shall comply with ORS 757.805. 14 15 SECTION 13. PUBLIC ROW VACATION. If all or a portion of the Public ROW used 16 by Franchisee is vacated by the City during the Term, the City shall either condition the 17 approval of the vacation on the reservation of an easement for Franchisee Facilities in their 18 then-current location that prohibits any use of the vacated property that interferes with 19 Franchisee's full enjoyment and use of its easement,or permit Franchisee Facilities to remain 20 in a PUE. If the facilities to remain in the easement or PUE are underground at the time of 21 the vacation, they shall remain underground and subsequent upgrades or expansions shall 22 also be placed underground. 23 24 SECTION 14. CITY PUBLIC WORKS AND IMPROVEMENTS. Nothing in this 25 Franchise shall be construed in any way to prevent the City from excavating,grading,paving, 26 planking, repairing, widening, altering, or completing any work that may be needed or 27 convenient in the Public ROW that is consistent with the NESC. The City shall coordinate 28 any such work with Franchisee to avoid, to the extent reasonably foreseeable, any 29 obstruction, injury or restrictions on the use by Franchisee of any Franchisee Facilities, and 30 the City shall be responsible for the costs to repair any damage to Franchisee Facilities 31 arising out of such work. Similarly, Franchisee shall be responsible for the costs to repair 32 any damage to City facilities arising out of Franchisee work in the Public ROW. Nothing in 33 this Section relieves either party from its obligations set forth in Sections 8, 10, 11 and 12. 34 35 SECTION 15. USE OF FRANCHISEE FACILITIES. 36 37 (A) City shall maintain attachment agreements and permits to string wires on 38 Franchisee's poles or run wires in Franchisee's trenches and/or available conduit for 39 municipal purposes and to attach fire and police alarm and communication equipment to 40 Franchisee's poles,provided that such wires and equipment: a) do not unreasonably interfere 41 with Franchisee operations; b) conform to the NESC; and c) the City's excess capacity on 42 such wires and equipment is not leased to, sold to or otherwise used by non-governmental 43 third parties. Franchisee shall not charge the City for such attachments to its poles or in its 44 conduits; however, the City shall be responsible to pay for any make-ready and inspections 45 Franchisee must perform in order to provide access to Franchisee Facilities for City wires 46 and equipment in accordance with the NESC. Should any of the City's attachments to 47 Franchisee Facilities violate the NESC, the City shall work with Franchisee to address and 48 correct such violations in an agreed-upon period of time. To the extent permitted by law, 49 the City shall indemnify and hold Franchisee harmless from loss or damage resulting from 50 the presence of City's wires and equipment on or in Franchisee Facilities. For purposes of Tigard/PGE Franchise Agreement 2013 Page 8 1 this Franchise, "make-ready" shall mean engineering or construction activities necessary to 2 make a pole, conduit, or other support equipment available for a new attachment, 3 attachment modifications,or additional facilities. 4 5 (B) Franchisee shall provide City with a report upon request by the City that lists utility 6 operators as defined in Tigard Municipal Code 15.06.020(11) using or attaching to 7 Franchisee Facilities located in the Public ROW. To the extent such information is on 8 record with Franchisee, such report shall include the appropriate address(es), email 9 address(es) and telephone number(s) of the person(s) or appropriate departments 10 responsible for managing the pole attachments for such attaching Persons. 11 12 SECTION 16. ACQUISITION AND ANNEXATION. Subsequent to the Effective 13 Date,upon Franchisee's acquisition of additional Franchisee Facilities in the Public ROW,or 14 upon any addition or annexation to the City of any area in which Franchisee retains 15 Franchisee Facilities in the Public ROW of such addition or annexation, Franchisee shall 16 submit to the City a statement describing all Franchisee Facilities involved, whether 17 authorized by a franchise agreement or upon any other form of prior right, together with a 18 map, as described in Section 9, specifying the location of all such Franchisee Facilities. Such 19 Franchisee Facilities shall immediately be subject to the terms of this Franchise. 20 21 SECTION 17. PAYMENT FOR USE OF PUBLIC ROW. 22 23 (A) Use of public ROW. In consideration for its use of the Public ROW in accordance 24 with the terms of this Franchise, Franchisee agrees to pay the City an amount equal to 31/2 25 percent of the Gross Revenue. The amount of the current year's franchise fee shall be based 26 on the Gross Revenue collected by Franchisee during the previous calendar year within the 27 City, and shall be paid on an annual basis for Franchisee's rights under this Agreement for 28 the full calendar year in which the payment is made. To the extent permissible under state 29 law and regulation, the payment imposed by this subsection shall be considered an operating 30 expense of Franchisee and shall not be itemized or billed separately to consumers within the 31 City. 32 33 (B) Property Tax Limitations Do Not Apply. The payment described in this Section 34 17 is not subject to the property tax limitations of Article XI, Sections 11(b) and 11(19) of 35 the Oregon Constitution and is not a fee imposed on property or property owners by fact of 36 ownership. 37 38 (C) Privilege Tax. The City has retained and shall continue to retain the right, as 39 permitted by Oregon law, to charge a privilege tax based on a percentage of the Gross 40 Revenue in addition to the payment amounts set forth in subsection (A). As of the date of 41 this Franchise, the City has enacted a 11/2 percent privilege tax. The City shall provide 42 Franchisee at least ninety (90) days' notice prior to any increase in privilege tax becoming 43 effective. Franchisee shall follow state regulations regarding the inclusion of such privilege 44 tax as an itemized charge on the electricity bills of its customers within the City. 45 46 (D) Remittance of Franchise Fee and Privilege Tax Payment. Franchisee shall 47 remit payment of the annual 31/2% franchise fee to the Director of Finance on or before the 48 first (1st) day of April of each year. Payment must be made in immediately available federal 49 funds. No later than the date of the annual payment, Franchisee shall provide the City a 50 statement, under oath, showing the Gross Revenue for the preceding year. Franchisee shall Tigard/PGE Franchise Agreement 2013 Page 9 1 remit payment of the 11/2%privilege tax to the Director of Finance on or before the 45`' day 2 following each calendar quarter period. Payment must be made in immediately available 3 federal funds. No later than the date of the quarterly payment,Franchisee shall provide the 4 City a statement,under oath, showing the Gross Revenue for the preceding quarter. 5 6 (E) Acceptance of Payment. Acceptance by the City of any payment due under this 7 Section shall not be a waiver by the City of any breach of this Franchise occurring prior to 8 the acceptance, nor shall the acceptance by the City preclude the City from later establishing 9 that a larger amount was actually due,or from collecting the balance due to the City. 10 11 (F) Late Payments. Interest on late payments shall accrue from the due date based on 12 Franchisee's cost of debt as approved by the OPUC as of the due date,plus 100 basis points, 13 and shall be computed based on the actual number of days elapsed from the due date until 14 payment. Interest shall accrue without regard to whether the City has provided notice of 15 delinquency. 16 17 (G) No Exemption from Other Fees or Taxes. Payment of the amounts described in 18 this Section 17 shall not exempt Franchisee from the payment of any other license fee, 19 permit fee,tax or charge on the business, occupation,property or income of Franchisee that 20 may be lawfully imposed by the City or any other taxing authority, except as may otherwise 21 be provided in the ordinance or laws imposing such other fee,tax or charge. 22 23 (H) Direct Access and Volumetric Methodologies. The City may, consistent with 24 state law, direct that the payments made under this Section 17 be based on volume-based 25 methodologies as specifically described in ORS 221.655 instead of the formula set herein. 26 Notice must be given to Franchisee in writing for the subsequent payments to be made using 27 volume-based methodology, which notice may require semi-annual payment to the City. 28 The volumetric calculation shall apply to payments made in one calendar year (based on 29 January 1 to December 31 billings from the previous calendar year). The choice to use 30 volumetric methodology must be renewed annually by the City. No notice is necessary if the 31 City chooses to remain on the revenue-based calculation. 32 33 (I) Payment Obligation Survives Franchise. If prior to the expiration of this 34 Franchise the parties do not finish negotiation of a new franchise agreement, the obligation 35 to make the payments imposed by this Section 17 shall survive expiration of this Franchise 36 until a new franchise agreement becomes effective and supersedes this Franchise. In the 37 event this Franchise is terminated before expiration, Franchisee shall make the remaining 38 payments owed, if any,within ninety (90) days of the termination date. In either such case, 39 where Franchisee is operating in the City without a franchise agreement, the provisions of 40 the Tigard Municipal Code Chapters 15.04 and 15.06 shall apply to Franchisee and its 41 operations in the City with the exception of the timing of franchise fee payment which shall 42 be annually and the privilege tax shall be quarterly. 43 44 SECTION 18. AUDIT. 45 46 (A) Audit Notice and Record Access. The City may audit Franchisee's calculation of 47 Gross Revenues. Within ten (10) business days after receiving a written request from the 48 City, or such other time frame as agreed by both parties, Franchisee shall furnish the City 49 and any auditor retained by the City: (1) information sufficient to demonstrate that 50 Franchisee is in compliance with this Franchise; and (2) access to all books, records, maps Tigard/PGE Franchise Agreement 2013 Page 10 1 and other documents maintained by Franchisee with respect to Franchisee Facilities that are 2 necessary for the City to perform such audit. Franchisee shall provide access to such 3 information to City within the City, or the Portland, Oregon metropolitan area, during 4 regular Franchisee business hours. 5 6 (B) Audit Payment. If the City's audit shows that the amounts due to the City are 7 higher than those based on the Franchisee's calculation of Gross Revenue, then Franchisee 8 shall make a payment for the difference within sixty (60) days after the delivery to Franchisee 9 of the audit results. In addition to paying any underpayment,Grantee shall pay interest from 10 the original due date based on Grantee's cost of debt as approved by the OPUC as of the 11 due date, plus 100 basis points,but not penalties, as specified in this Franchise. In the event 12 the City's audit shows that Franchisee's calculation of Gross Revenue resulted in an 13 overpayment to the City by five percent (5%) or more in any one year, the Franchisee may 14 deduct such overpayment from the next franchise fee payment. If the City's audit shows 15 that the amounts due to the City based on the Franchisee's calculation of Gross Revenue 16 deviated by five percent (5%) or more in any one year from the City's calculation during the 17 audit, Franchisee shall reimburse the City for the incremental cost associated with the audit, 18 not to exceed one percent (1%) of the total annual franchise fee payment for the applicable 19 audit period. 20 21 SECTION 19. TERMINATION AND PENALTIES. In addition to the provisions of 22 TMC 15.06.310-330 the City may terminate this Franchise upon one year's written notice to 23 Franchisee in the event that the City decides to engage in public ownership of the electric 24 facilities located in the Public ROW and the public distribution of electric energy to 25 customers throughout the City in accordance with ORS 758.470. 26 27 SECTION 20. ASSIGNMENT. All rights and privileges granted and duties imposed by 28 this Agreement upon Franchisee shall extend to and be binding upon Franchisee's 29 successors, legal representatives and assigns. Franchisee may not sell, assign, transfer, or 30 convey this Franchise to a third party without the City Council giving its consent in a duly 31 passed ordinance. Upon obtaining such consent, this Franchise shall inure to and bind such 32 third party. Franchisee shall not sell or assign this Franchise to an entity that is not 33 authorized by the OPUC to provide electric service to retail consumers in the City or is not 34 otherwise authorized to provide electric service to retail consumers under Oregon law. Prior 35 to any proposed transfer, Franchisee shall be in full compliance with this Franchise and the 36 proposed transferee shall agree in writing to be bound by this Franchise. In the event 37 Franchisee is purchased by or merged into another entity and Franchisee survives such 38 purchase or merger as a public utility, Franchisee shall provide notice to the City of such 39 purchase or merger, but shall have no obligation under this Franchise to obtain the consent 40 of the City Council for such purchase or merger. 41 42 SECTION 21. REMOVAL OF FACILITIES. If this Franchise is terminated or expires 43 on its own terms and is not replaced by a new franchise agreement or similar authorization, 44 the City may determine whether Franchisee Facilities are to be removed from the Public 45 ROW or remain in place. The City shall provide written notice of any requirement to 46 remove Franchisee Facilities and shall provide Franchisee sixty (60) days to comment on 47 such requirement to move Franchisee Facilities. Following consideration of any such 48 comments, the City Manager may issue an order requiring removal of Franchisee Facilities 49 within nine (9) months after such order is declared. 50 Tigard/PGE Franchise Agreement 2013 Page 11 1 SECTION 22. NONDISCRIMINATION. Franchisee shall provide service to electric 2 light and power consumers in the City without undue discrimination or undue preference or 3 disadvantage,in accordance with Oregon law. 4 5 SECTION 23. DAMAGE TO FACILITIES. The City shall not be liable for any 6 consequential damages or losses resulting from any damage to or loss of any facility as a 7 result of or in connection with any work by or for the City unless the damage or loss is the 8 direct and proximate result of willful, intentionally tortious, negligent or malicious acts or 9 omissions by the City, its employees, or agents. In such case, the City shall indemnify and 10 hold harmless Franchisee against any and all claims, damages, costs and expenses,including 11 attorney's fees and costs, arising from, subject to any applicable limitations in the Oregon 12 Constitution and the Oregon Tort Claims Act. The obligations imposed by this Section are 13 intended to survive termination of this Franchise. 14 15 SECTION 24. REMEDIES AND PENALTIES NOT EXCLUSIVE. All remedies 16 and penalties under this Franchise, including termination, are cumulative and not exclusive, 17 and the recovery or enforcement by one available remedy or imposition of a penalty is not a 18 bar to recovery or enforcement by any other remedy or imposition of any other penalty. 19 The City reserves the right to enforce the penal provisions of any City ordinance or 20 resolution and to avail itself to any and all remedies available at law or in equity. Failure to 21 enforce any term, condition or obligation of this Franchise shall not be construed as a waiver 22 of a breach of any term, condition or obligation of this Franchise. A specific waiver of a 23 particular breach of any term, condition or obligation of this Franchise shall not be a waiver 24 of any other, subsequent or future breach of the same or any other term, condition or 25 obligation of this Franchise. 26 27 SECTION 25. LIMITATION ON PRIVILEGES. All rights and authority granted to 28 Franchisee by the City under this Franchise are conditioned on the understanding and 29 agreement that the privileges in the Public ROW shall not be an enhancement of 30 Franchisee's properties or an asset or item of ownership of Franchisee. 31 32 SECTION 26. GOVERNING LAW. The law of the State of Oregon governs the validity 33 of this Agreement, and its interpretation,performance and enforcement. Any action or suit 34 to enforce or construe any provision of this Agreement by any party shall be brought in the 35 Circuit Court of the State of Oregon for Washington County, or the United States District 36 Court for the District of Oregon. 37 38 SECTION 27. EFFECTIVE DATE. The effective date of this Agreement ("Effective 39 Date") shall be the date signed by Franchisee's authorized representative. Upon becoming 40 effective, this Franchise shall supersede and replace any and all other franchise agreements 41 that may be or have been in place between Grantee and the City as of or prior to the 42 Effective Date. 43 Tigard/PGE Franchise Agreement 2013 Page 12 1 SECTION 28. NOTICE. Unless specifically provided otherwise herein, any notice 2 provided for under this Franchise shall be sufficient if in writing and(1) delivered personally 3 to the following addressee, (2) deposited in the United States mail, postage prepaid, certified 4 mail, return receipt requested, (3) sent by overnight or commercial air courier (such as 5 Federal Express or UPS), or (4) sent by facsimile transmission with verification of receipt, 6 addressed as follows, or to such other address as the receiving party hereafter shall specify in 7 writing: 8 9 All notices shall be sent to the following addresses or to such other addresses as 10 Franchisee or the City may designate in writing: 11 12 If to the City: City of Tigard 13 Attention: City Manager 14 13125 SW Hall Blvd. 15 Tigard,Oregon 97223 16 FAX: (503) 684-7297 17 18 If to the Franchisee: Government Affairs 19 Portland General Electric Company 20 121 SW Salmon St, 1WTC03 21 Portland,Oregon 97204 22 FAX: (503) 464-2354 23 24 With a copy to: Portland General Electric Company 25 Attn: General Counsel 26 One World Trade Center,17t Floor 27 121 SW Salmon Street 28 Portland,Oregon 97204 29 30 FAX: (503) 464-2200 31 Any such notice, communication or delivery shall be deemed effective and delivered upon 32 the earliest to occur of actual delivery, three (3) business days after depositing in the United 33 States mail, one (1) business day after shipment by commercial air courier or the same day as 34 confirmed facsimile transmission (or the first business day thereafter if faxed on a Saturday, 35 Sunday or legal holiday). 36 37 IN WITNESS WHEREOF, the parties, through their duly authorized 38 39 representatives,have executed this Franchise as of the dates indicated below. PORTLAND GENERAL CITY OF TIGARD, OREGON ELECTRIC COMPANY By: By: Name: Name: Title: Title: Date: Date: 40 Tigard/PGE Franchise Agreement 2013 Page 13 AIS-1199 5 Business Meeting Meeting Date: 05/28/2013 Length (in minutes): 40 Minutes Agenda Title: Legislative Public Hearing:MASCO Development Code Amendment- (DCA) 2012-00003 Prepared For: John Floyd Submitted By: John Floyd,Community Development Ordinance Item Type: Public Hearing-Legislative Meeting Type: Council Business Meeting-Main Public Hearing: Yes Publication Date: Information ISSUE Shall Council approve a property owner initiated request to amend the Tigard Development Code to allow contractors as a restricted land use in the I-P: Industrial Park Zoning District. STAFF RECOMMENDATION/ACTION REQUEST Staff recommends Council find in favor of the proposed text amendment,as amended by the Planning Commission in their recommendation of March 18,2013,to allow industrial services as a restricted land use within the I-P Zoning District subject to certain limitations,and adopt these changes by Ordinance. KEY FACTS AND INFORMATION SUMMARY A property owner initiated an amendment to the Tigard Development Code,Section 18.530,Table 18.530.1,to allow Industrial Services as a restricted land use in the I-P:Industrial Park Zoning District. The Planning Commission considered the request on March 18,2013 and unanimously recommended that Council approve the requested text change with one change discussed below. This amendment will apply to all property in the City of Tigard that is zoned I-P. The Planning Commission recommendation would allow building contractors and other types of industrial services to operate within the I-P zone,subject to one restriction. Compatibility with adjoining businesses and residential areas will be ensured through a prohibition on the outside storage of materials and other activities which are more suited to other industrial areas. The applicant had also proposed a second restriction that would limit industrial services to"contractors and others who perform services off-site". At the March 18 meeting of the Planning Commission,the Planning Commission voted to remove this second restriction when making their recommendation to Council. This decision to remove the second restriction was based upon staff recommendation and comments by the Planning Commission that the restriction was an unnecessary obstacle to business activity. The application is presented to address a specific situation where a site has been leased by the applicant for use by its subsidiary Builders Services Group,which is a contractor as well as wholesaler of construction supplies.The Code amendment is proposed to address this issue as well as several other similar situations within the city. OTHER ALTERNATIVES Council may decline to approve the amendment,or modify the text before moving to approve it. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS LEGISLATIVE PUBLIC HEARING: MASCO DEVELMENT CODE AMENDMENT-DCA 2012-00003 DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Fiscal Information: A direct fiscal impact is not anticipated from this code change. Attachments Draft Ordinance Attachment"A" Staff Report to Planning Commission Planning Commission Minutes of March 18,2013 Agenda Item: 5 Hearing Date: March 18,2013 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION N s . FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT CASE NO.: Development Code Amendment(DCA) DCA2012-00003 PROPOSAL: The applicant is requesting an amendment to alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. APPLICANT: Masco Administrative Services 260 Jimmy Ann Drive Daytona Beach,Florida 32114 COMP. PLAN DESIGNATION: Light Industrial.These areas are deemed appropriate for industrial activities which include manufacturing, processing, assembling, packaging, or treatment of products from previously prepared materials and which are devoid of nuisance factors that would adversely affect other properties.The designation includes the I-L and I-P Zones. ZONES: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. Among other uses, indoor entertainment is allowed. LOCATION: City—wide on land zoned I-P. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2, 9.1.3, & 9.1.7; and Community Development Code Chapters 18.390, & 18.530. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed text amendment,as amended by staff in Section V of the staff report, allowing industrial services as a restricted land use within the I-P Zoning District subject to certain limitations,and with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. SECTION III. PROPOSAL AND BACKGROUND INFORMATION Background: This is an application to amend the Tigard Development Code, Section 18.530, Table 18.530.1, to allow Industrial Services as a restricted use in the IP zone. The restrictions would limit these uses to "Contractors and others who provide services off-site", and would further require that all activities except for vehicle parking would be within a building. This amendment will apply to all property in the City of Tigard that is zoned I-P. The application is presented to address a specific situation where a site that has been leased by the applicant for use by its subsidiary Builders Services Group, which is a contractor as well as wholesaler of construction supplies. The Code amendment is proposed to address this issue as well as several other similar situations within the city. This proposal,with the included limitations,will allow contractors in the I-P zone that are compatible with the office character of such areas. Compatibility will be ensured through a prohibition on outside storage of materials and other activities which are more suited to other industrial areas. This approach will allow contractors as a business,which are similar to existing allowed businesses in the office and wholesale categories that are already allowed in the I-P zone. Proposal: The applicant requests amendment of Table 18.530.1 by revising the Industrial Services line to replace "N'with "R- 4,15". Note 4 currently is in place and states "Permitted if all activities, except employee and customer parking, are wholly contained with a building(s)." Note 15 is a new note to read "Limited to contractors and others that perform services off-site". Text changes to the code would appear as set forth below: DCA2012-00003 INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: Text to be deleted jBold,Underline and Italicl — Text to be added INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10 TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities Ct4 C14 P Colleges N N N Community Recreation C'o C'o Cultural Institutions N N N Day Care R3,9 R3,9 R3,9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Custom Arts and Crafts N N N Eating and Drinking Establishments R2 N N Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N Sales-Oriented R2 N N Personal Services R2 N N Repair-Oriented P N N Bulk Sales R4,11 N N Outdoor Sales N P P Animal-Related P P P Motor Vehicle Sales/Rental R4,12,13 P P Motor Vehicle Servicing/Repair C P P Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P f i INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10 TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N K4 P P Light Industrial P P P General Industrial N P P Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P P=Permitted R=Restricted C=Conditional Use N=Not Permitted 1 A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2 These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex.No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3 In-home day care which meets all state requirements permitted by right. 4 Permitted if all activities,except employee and customer parking,are wholly contained with a building(s). 5 When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6 See Chapter 18.798,Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 7 Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8 Explosive storage permitted outright subject to regulations of Uniform Fire Code. 9 Day care uses with over five children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 10 Limited to outdoor recreation on (1) land classified as floodplain on City flood maps,when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2) land located outside the floodplain as shown on City flood maps,when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreation within the district. 11 These limited uses, shall only be allowed in IP zoned property east of SW 72°d Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels,including those separated only by transportation right-of-way. 12-These limited uses, separately or in combination,may not exceed 10,000 square feet/lot. 13 This use limited to boat sales/rental only. 14 Except water and storm and sanitary sewers,which are allowed by right. 15 Limited to contractors and others who perform services off-site. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 10 SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states • that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all I-P zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5) Any applicable provisions of the City's implementing ordinances. Findings and conclusions are provided below for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. 1) The Statewide Planning Goals and Guidelines adopted under ORS Chapter 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal outlines general procedures for citizen involvement in the plan and ordinance adoption and amendment process. The Tigard Development Code includes rovisions which have been acknowledged by the Land Conservation and (Lox)Commission (LC � as being compliant with this goal, and their enforcement will ensure Goal compliance in the proceedings. Since this is a legislative process that affects all property zoned I-P, the City will publish notices in the newspaper and through normal agency and interested party notification methods, prior to each public hearing. The hearings will provide the opportunity for comments, and the participants will have the right to appeal the decision. These steps will result in compliance with Statewide Goal 1. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. As noted above, LCDC has acknowledged that the City of Tigard Comprehensive Plan and implementing ordinances comply with the Statewide Planning Goals. Since Goal 2 establishes the planning processes and policies, which are not affected by this code amendment, the proposal will not affect their continued compliance. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. This goal and its policies ensure that local regulations provide opportunities for economic activities and the health of the economy. This proposal explicitly implements the goal through allowing business in the I-P zone that is compatible with other provisions of the Comprehensive Plan and Development Code. Without this code amendment a significant opportunity for business location in Tigard would not be possible. FINDING: The Land Conservation and Development Commission has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendment's consistency with the Comprehensive Plan's Citizen Involvement, Land Use Planning, and Economic Development goals and policies are discussed above. Based on the findings above, staff finds that the proposed code amendment is consistent with applicable Statewide Planning Goals. The remaining Statewide Planning goals do not apply to this INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 application since they relate to other specific areas to be considered in the comprehensive planning process rather than to the procedural and economic considerations which are the focus of this application. 2) Applicable Federal or State Statues Federal statutes are generally broad and not directed to this type of local action, and it is clear that none apply to the case at hand. State statutes that may have applicability to this application are those within the jurisdiction of the Department of Land Conservation and Development. Of those, the Statewide Planning goals are most applicable and are addressed above. The other applicable rules are contained in OAR 660-012, relating to transportation. Within this regulation, only the provisions related to amendments to other plans and codes as provided by section 660-012-0060 apply to this proposal. This section provides that if an amendment to an existing land use regulation would significantly affect a transportation facility, the local jurisdiction must put in place certain measures. "Significantly" is defined as a change in the functional classification of an existing or planned facility, a change in implementing standards, or increase traffic to the extent of creating access or capacity conflicts. In the case of this proposed change, the addition of contractors' offices as a restricted use will not introduce uses which are not anticipated by the transportation system. The IP zone already allows contractors offices as an office use provided that equipment and materials storage does not constitute over 50% of floor area occupancy. A contractor office that would be allowed as a result of this proposal would have less than 50% of floor area in office use and therefore would have a lower traffic demand than those already allowed. Staff recommends modification of the request to not include Note 15,which would limit the Industrial Service type uses to contractors and others who perform work on site. The effect would be to allow all types of uses that repair and service machinery, equipment, products or by-products in a centralized manner for separate retail outlets. A comparison of PM Peak trip generation rates suggests that allowing the full range of land uses classified as Industrial Services within the I-P zone will not result in increased trip generation. At present both Office and Research and Development are allowed land use classifications within the I-P zone,generating 1.49 and 1.07 trips per 1,000 square feet respectively (Trip Generation: An ITE Information Report, 8th Edition). These are rates equal to or greater than the most similar ITE trip generation Category to Industrial Services (Code 110: General Light Industrial) which averages 1.08 trips per 1,000 square feet during the pm peak hour (Trip Generation: An ITE Information Report, 8th Edition). As such, allowing the full range of Industrial Service land uses within the I-P zone would result in similar or lower levels of traffic to two existing land uses in the I-P Zoning District. FINDING: As stated above, federal statues do not apply and the proposed amendment is consistent with applicable state statues. 3) Metro Urban Growth Management Functional Plan. Metro's Urban Growth Management Functional Plan establishes the methods for local implementation of the Regional Urban Growth Goals and Objectives. The Functional Plan includes fourteen Titles which address various aspects of regional and local planning. Of these, only Title 4, relating to Industrial and Other Employment Areas applies to this application. Title 4 establishes Regionally Significant Industrial Areas, Employment Areas and Industrial Areas. Within the City of Tigard none of the existing IP zoned area is within a Regionally Significant Industrial Area,but some IP zoned land is classified as Employment and Industrial. Sections 3.07.430 and 3.07.440 respectively address the protection of these areas for industrial uses. In each case the intent of the protection provisions are to avoid establishment of retail uses which would compromise the amount and/or quality of the industrial INDUSTRIAL SERVICES IN THE 1-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 10 opportunities. Since this application would allow only contractors offices in the IP zone, this change will not conflict with the Title 4 provisions and may actually better meet the intent of Title 4. Metro staff reviewed the application and confirmed that the proposed changes are in compliance with Metro Title IV requirements. This was confirmed in an email from Metro Staff member Gerry Uba to City of Tigard staff on February 21, 2013. FINDING: As stated above, the proposed amendments are in compliance with the applicable portions of the Metro Urban Growth Management Functional Plan. 4) Applicable Comprehensive Plan Policies Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390, as documented in the project file. This includes mailing notice of the required public hearings to the interested parties list and affected agencies,and publication of the notice in the Tigard Times newspaper at least 10 days prior to the hearing. Two public hearings will be held (one before the Planning Commission and the second before the City Council) at which opportunity for public input is provided. This goal is met. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The first section of this chapter of the Comprehensive Plan addresses the establishment of the planning and maintenance of the implementing documents, as required by Statewide Goal 2. The majority of the policies and action steps relate to City initiated procedures rather than to individual applications. Several policies do address the review of applications to amend the Comprehensive Plan Map and Zoning Map, but these are not applicable to the proposed Development Code amendment. Therefore, the provisions of this section of the Comprehensive Plan apply only in a very general sense, and implementation of the process provided by the Development Code will ensure compliance. This policy is met. Comprehensive Plan Goal 9:Economic Development Goal 9.1:Develop and maintain a strong, diversified, and sustainable local economy. Policy 2: The City shall actively encourage businesses that provide family-wage jobs to start up, expand, or locate in Tigard. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. Policy 7: The City shall limit the development of retail and service land uses in Metro-designated industrial areas to preserve the potential of these lands for industrial jobs. Goal 9.1; Policy 2 is a statement of intent to encourage family wage job creation and maintenance. The proposed IP zone amendment will implement this policy through providing additional opportunities for employment related to construction which otherwise would be restricted. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 10 Goal 9.1; Policy 3 indicates an intent to maintain flexibility in regulations which promote economic development.Approval of this IP zone amendment would acknowledge and implement this policy by making a change which will increase employment opportunities. Goal 9.1; Policy 7 states an intent to promote actions which result in better utilization of industrial areas. This policy is implemented by adding an additional restricted use in the IP zone, which clearly is needed and opportunistic in addressing currently available opportunities. Modification of the proposal to remove Note 15, as discussed in Section V below, would strengthen compliance with Policies 2 and 3 above, by encouraging a greater range of businesses in the I-P zone and proving greater flexibility and adaptability in order to promote economic development opportunities within the I-P zone,and removing potential inefficiencies in the utilization of industrial lands within Tigard. FINDING: As shown in the analysis above, staff finds that the proposed code amendment is consistent with the applicable goals and policies in Tigard's Comprehensive Plan. 5) Applicable Provisions of the City's Implementing Ordinances Chapter 18.530—Industrial Zoning Districts 18.130.070 Industrial Use Categories C. Industrial Services. 1. Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses that perform services off-site. Few customers, especially the general public,come to the site. 2. Accessory Uses: Accessory uses may include offices, parking, storage, loading docks, and railroad lead and spur lines to allow the loading and unloading of rail cars. 3. Examples: Examples include welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops;building,heating, plumbing or electrical contractors;printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards;laundry,dry-cleaning and carpet cleaning plants;and photo-finishing laboratories. 4. Exceptions: a. Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50%or more of occupied space and fabrication or similar work is not carried out at the site. Subsection 18.130.070 (C) defines Industrial Services and indicates that contractors are included in this category. Subparagraph 4(a) indicates that contractors are classified as "office" if storage is less than 50% of the occupied floor area and there is not on-site fabrication. The proposed code amendment does not propose to change the definition of this Industrial Use Classification, just expand its use within the I-P zone by removing the limitation on equipment and materials storage. 18.530.010 Purpose A. Provide range of industrial services for City residents. One of the major purposes of the regulations governing development in industrial zoning districts is to ensure that a full range of job opportunities are available throughout the City so that residents can work close to home if they INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 choose. The location of land within each industrial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of industrial activity on established residential areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. Subsection A states that one purpose is to "Provide a range of industrial services for city residents". Allowing contractors offices and similar industrial services type land uses will achieve this purpose through increasing opportunities for employment in these areas. Subsection B indicates that an additional purpose of the industrial zones is to facilitate economic goals,which as described above is also achieved by this proposed revision. 18.530.020 List of Zoning Districts A. I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. The proposed code amendment would allow industrial land uses, as defined in '1'DC 18.130.070.0 and discussed above, subject to a restriction that all activities be contained entirely within the building save for customer and employee parking. This restriction will result in consistency with the purpose statement for the I-P zoning district in that it will maintain the campus-like setting and will prevent off-site impacts. FINDING: As shown in the analysis above, staff finds that the proposed text amendment is consistent with the applicable provisions of the City's implementing ordinances. SECTION V. STAFF CONCLUSION & RECOMMENDED MODIFICATIONS As proposed, the application will narrowly expand the permitted uses in the IP zone in order to address a recurring issue in the ability for contractors offices to locate in such areas. The public facility impact of this change is insignificant because facilities in which office floor area is over 50% of the total occupied are already allowed. Similarly, the functional and aesthetic qualities of the IP zone are maintained since the use will be restricted to prevent outside storage of materials. By imposing restriction No. 4 which requires all activities, except employee and customer parking, to be wholly contained within a building(s), any potential for aesthetic or other off-site impacts will be prevented. The preceding narrative shows that all criteria for approval for this application have been met. That said, staff recommends that the requested amendment be modified to eliminate the proposed Note 15 which limits Industrial Services to "contractors and others that perform services off-site." Staff finds this restriction unnecessary to ensure consistency with the intent of the I-P Zoning District, whose intent is to preserve a campus like feel and prevent off-site impacts. Moreover, as demonstrated in the findings above, Note 15 would prevent the efficient utilization of industrial lands. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 10 SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS Metro reviewed the application and in an email dated February 21, 2013, found it consistent with Title IV of the Metro Urban Growth Management Functional Plan. DLCD, Tualatin Valley Fire & Rescue, Clean Water Services, City of Beaverton, City of Durham, City of King City, City of Lake Oswego, City of Portland, City of Tualatin, Metro, and ODOT were notified of the proposed code text amendment but provided no comment. March 11,2013 PREPARED BY: John Floyd DATE Associate Planner March 11,2013 APPROVED BY: Tom McGuire DA'Z'E Assistant Community Development Director INDUSTR1AI.SERVICES IN TI IIi I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC I II ARING,STAFF RI?PORI'1'0 TI IE PLANNING COMMISSION PAGE 10 OF 10 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 18,2013 CALL TO ORDER President Anderson called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Anderson Vice President Rogers Commissioner Doherty Commissioner Feeney Commissioner Fitzgerald Commissioner Gaschke Commissioner Muldoon Commissioner Schmidt Commissioner Shavey Absent: None Staff Present: Kenny Asher, Community Development Director;Tom McGuire, Assistant Community Development Director; Doreen Laughlin, Executive Assistant;John Floyd,Associate Planner; Marissa Daniels, Associate Planner Also Present: Council Liaison Gretchen Buehner COMMUNICATIONS Commissioner Muldoon shared that he'd learned some things by sitting in on a Q&A from the Land Use Board of Appeals (LUBA). He noted that one thing he'd learned was that it's particularly important to be very clear with the written language, for example,if an acpirational statement like "The City shall..." is written into something,LUBA takes that quite literally; the written word in documents needs to be very clear and, if it's not meant to be literal - but simply aspirational,it needs to be clearly and carefully worded that way. Councilor Gretchen Buehner introduced herself as the new Council Liaison to the Planning Commission and told them about her background and what she believes her role is. She said she believes the problems that arose between the Council and the Planning Commission last year were attributable to lack of direct communication —too much of it went through staff. She would like to make sure there's better communication. She'd like to go out to coffee or I:\IRPLN\Planning Comm ssion\2013 PC Packets\031813\tpc approved 031813 minutes.docx Page 1of7 lunch with Tom [McGuire, Assistant Community Development Director] once in a while so she has a better idea of what the commission is doing. Commissioner Buehner shared some ideas as to how she would like to see the Commission's role expanded to include reviewing residential land use cases. As an aside, before leaving, Councilor Buehner mentioned that Marissa Daniels would be giving the Commissioners a report later in the evening on the Tigard Goal 10 Population& Housing Review. She said she'd been taken aside by the President of the Homebuilders Association earlier in the day, and that he was concerned that the Minority Report from the committee would not be presented to the Commission. She suggested that he be asked to testify when this comes to a public hearing. CONSIDER MINUTES February 4th Meeting Minutes: President Anderson asked if there were any additions, deletions, or corrections to the February 4 minutes; there being none,Anderson declared the minutes approved as submitted. PUBLIC HEARING - OPENED MASCO DEVELOPMENT CODE AMENDMENT - DCA2012-00003 REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city hall/public notices/ LOCATION: All properties located within the I-P: Industrial Park Zoning District QUASI-JUDICIAL HEARING STATEMENTS President Anderson read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: None. No challenges of the jurisdiction of the commission;no conflicts of interest. STAFF REPORT Associate Planner John Floyd introduced himself and went over the staff report. [Staff reports are available one week before the meeting.]John also went over a PowerPoint presentation (Exhibit A). STAFF FINDINGS: Proposal is consistent with approval standards for Development Code Amendments Insignificant public facility impact / Resolves a frequent land use issue 1:\LRPLN\Planning Commission\2013 PC Packets\031813\tpc approved 031813 minutes.docx Page 2 of 7 ► Creates more opportunity for Industrial Services wanting to locate in Tigard (400 Acres) / May return some long-standing businesses to conforming status (Ord. 98-19 removed all building related business from I-P Zone) / Restriction #15 unnecessarily restrictive / All industrial services are potentially consistent with I-P zoning district through Restriction #4. / Public facility impacts not anticipated if Restriction #15 removed. STAFF RECOMMENDATION That the Planning Commission finds in favor of the proposed amendments and associated staff report,with any changes as determined through the public hearing process, and recommends approval to the Tigard City Council. APPLICANT PRESENTATION Lans Stout,Planning Consultant, 7650 SW Beveland,Tigard - and representative for the applicant, said his client went this route because they had actually signed a lease on a space without asking the right questions. They decided the best thing to do would be to make this proposal to help them and the City of Tigard as well—clean up this problem. The proposal is fairly narrow to address simply the problem with contractors;however, they are perfectly fine with broadening it;if the Planning Commission feels it's appropriate to broaden it as staff recommends, they're fine with that. Overall, the staff report is comprehensive, the findings are well done, and they would support them. He asked if there were any questions of him. There were no questions. COMMENTS/QUESTIONS OF STAFF So you believe Restriction #15 is unnecessarily restrictive?We believe so. How many of these do you see a year? Ayear is hard to say;however, I can say we see several monthly;it's a frequent issue. Ste was happy to see this change applied for;it's a change that would have eventually been recommended. TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION —None PUBLIC HEARING - CLOSED DELIBERATIONS There was a consensus that this looks to be a good idea that adds flexibility—and also that economic development is good for Tigard. Regarding Restriction 15—the consensus was that it's really just an unnecessary obstacle, as the next person might not be a contractor. I:\LRPLN\Planning Commission\2013 PC Packets\031813\tpc approved 031813 minutes do.. Page 3 of 7 MOTION Commissioner Muldoon made the following motion, seconded by Commissioner Richard Shavey: "I move the Planning Commission forward a recommendation of approval to the City Council of application DCA2012-00003 and adoption of the findings and conditions of approval contained in the staff report as modified by the removal of Condition 15 in Table 18.530.1—such condition already adequately addressed by Condition 4 which requires all activity be wholly contained within buildings." A vote was taken and the motion passed unanimously. BRIEFING: Pending amendments to wetlands regulations John Floyd,Associate Planner, said he was there to give a heads up to the Planning Commission on another Development Code Amendment that would be coming before them in May. ➢ There would be a narrow exemption for Public Works to allow them to expand or construct specified public facilities within or near significant wetlands —but only if they obtain all necessary permits from the Corps,DSL, and CWS. ➢ This is intended as a stop-gap measure until the City can perform significant updates to the sensitive lands chapter. > The issue is that current wetlands regulations require complete avoidance of a wetland AND its associated buffer, or to go through a Comprehensive Plan Amendment to remove all protections for the wetlands. > There is no middle ground for projects that have made every attempt to reduce and mitigate their impact. > A good example is the planned construction of a sidewalk along 92nd Avenue,between the high school and the parking lot of Cook Park. > Because significant wetlands come up to the boundary of the pavement on both sides of the road, the city cannot construct the sidewalk without amending the Comprehensive Plan. This adds at least$40,000 to the cost of the project, and would result in less protection for the wetlands,not more,when the project was done. > Very early drafts at this stage; still working with the City Attorney and Public Works. ➢ Will be reaching out to other agencies and interested parties before coming before the Commission. 10 MINUTE RECESS I:\LRPLN\Planning Commission\2013 PC Packets\031813\tpc approved 031813 minutes.docx Page 4 of 7 WORKSHOP: Tigard Goal 10 Population & Housing Review Marissa Daniels,Associate Planner,introduced herself and Matt Hastie,Project Manager, from Angelo Planning who went over a PowerPoint to provide an overview. (Exhibit B). Key Findings: • Tigard has enough land to meet 20-year housing needs • Future needs include high percentage of ownership units and a relatively even split between single-family detached homes and other types of housing • Continued need for housing at full range of prices • Demographic issues include aging population, "millennial"generation, diminishing household size,immigration and workforce housing needs Housing Strategies Summary: • Comprehensive Plan policy and Code updates • Location-specific recommendations—River Terrace, Downtown,Tigard Triangle, Washington Square,other mixed use or transit oriented areas • Other non-regulatory strategies—partnering, coordination,informational materials • Administrative and funding recommendations—staffing,affordable housing role, financing Comprehensive Plan Amendments: • Update Housing Chapter of Comprehensive Plan — Revise narrative — Replace findings with more current information — Modest updates to policies and actions — Reference Housing Strategies Report — Adopt coordinated population forecast • Update Land Use Planning Chapter of Comprehensive Plan — One additional policy is proposed Development Code Amendments: • Provide clear and objective standards — Eliminate discretionary design standards that apply to needed housing Planning Commission / Council Actions: • Adopt Comprehensive Plan amendments • Adopt clear and objective standards Code amendments • Adopt new coordinated population projections QUESTIONS Has there been any feedback and,if so,was it contentious at all?No—the feedback has been positive. I:\LRPLN\Planning Commission\2013 PC Packets\031813\tpt approved 031813 minutes.docx Page 5 of 7 Vice President Rogers recalled that Councilor Buehner earlier in the evening had talked about the Homebuilder's Association (HBA) President being concerned about information from a Minority Report not being presented. Rogers asked for clarification on that. Marissa Daniels answered: "This was the first time I'd heard anything about that." President Tom Anderson,who had also been at that meeting, said he'd not heard anything about it either. Marissa will give the HBA President a phone call, check to see what/if there are concerns and would report back to the Commission. Matt Hastie said he couldn't think of any instances where they hadn't implemented the recommendations that had come from the HBA Representative. He said there may have been a couple of little things where they'd said something like "Well,you know,you can also think about this... but it's not a big deal." "For the most part," Mr. Hastie said, "we really did reflect what we heard from everybody there in the report." Marissa said, to her knowledge it had not been contentious, and that she would get back to the Commission on this. OTHER BUSINESS Tom McGuire was congratulated and applauded by President Anderson, and the other commissioners, on his new permanent position as Assistant Community Development Director. Tom thanked them and said he had two items to bring up to the commission. One is that the idea had been brought out in an earlier Planning Commission 2013 goals discussion to have, in addition to the goals they'd decided on, some sort of training, presentation, or field trip, on a quarterly basis - and that the Commissioners had agreed that this was a good idea. He mentioned the upcoming Land Use Training on March 21 would count as the first of those, and that he wanted to talk about possibilities for some of the others that would occur later in the year. He said a good field trip possibility would be to take a tour of the River Terrace area some evening this summer. There would be a lot of interest and activity in the next 12 to 14 months surrounding River Terrace, and that it would be good to have some direct knowledge of the area. He mentioned that Commissioner Shavey had written an email with several additional suggestions and that they're looking at many different possibilities. He asked for some direction from the Commission. President Anderson noted there wasn't a budget for this but that if anyone had any other ideas, they could email Tom McGuire. Vice President Rogers said he didn't think there was a need to schedule everything immediately. The only thing that is time sensitive is the River Terrace field trip—in that it should be done in the summer while it's still light out in the early evening. The second item Tom McGuire wanted to mention was regarding Cost Co. He said Cost Co is looking to do some expansion on their site (a gas station) and that they have a design issue due to it being close to the road. Cost Co would like to take the option of having a Design Evaluation Team look at this. A sub-committee would need to be formed, and they're looking for three volunteers from the Planning Commission to serve on it. The design team would work with Cost Co—review their plans, and provide some design advice that staff would consider. It would come back to the Planning Commission as part of their application for 1:\LRPLN\Planning Commission\2013 PC Packets\031813\tpc approved 031813 minutes.docx Page 6 of 7 review. The sub-committee would provide recommendations to the full Commission when that project came before them. This would be the first time that Tom McGuire is aware of, that anybody has asked to take advantage of the Design Evaluation Team option. He said there's a similar system in place for Downtown. President Anderson asked if there were any engineers or architects on the commission who would like to step up. Commissioners Brian Feeney, Calista Fitzgerald, and Don Schmidt volunteered to be on the team. Tom McGuire thanked them for volunteering and said he would be getting back to them with the details. ADJOURNMENT President Anderson adjourned the meeting at 8:40 p.m. Doreen Laughlin,Planning Co m ssion Secretary ATTEST: President Tom Anderson Page 7 of 7 C I T Y O F T I G A R D Respect and Care 1 Do the Right Thing 1 Get it Done 11 - It TIGARD EXHIBIT A DCA2O12-00003 MASCO John Floyd, Associate Planner I March 18, 2013 C I 'I' Y 0 F 'I' I G AR D Text Amendment to allow Industrial Services in I-P: Industrial Park Zone Proposal to amend TDC Table 18.530. 1 ( Use Table : Industrial Zones) Changes "Industrial Services" from "Prohibited" to "Restricted" land use in I-P Zone Would allow building contractors to more easily locate within I-P Zone (frequent issue) C ] "1' Y 0 F 'I' 1 G A RD Text Amendment to allow Industrial Services in I-P: Industrial Park Zone Contractors already allowed if less than 50% square footage dedicated to materials storage & no associated on-site fabrication Proposed changes would just remove this restriction on floor space C I T Y O F T I G A R D TABLE 18.530.1 USE CATEGORY I-P I-L I-H Industrial Services N. R4,15 P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s) . 15. Limited to contractors and others who perform services off-site. C I T Y OF T I G A R D I-P: Industrial Park District The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. C I T Y OF T I G A R D Industrial Services Land Use Classification Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses, that perform services off-site. Few customers, especially the general public, come to the site. C I '1' Y O F '1' I G A RD Industrial Services Land Use Classification Examples: welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photo- finishing laboratories. C I T Y O F T I G A R D Industrial Services Land Use Classification Exceptions: Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50% or more of occupied space and fabrication or similar work is not carried out at the site. C I T Y OF T I G A R D TABLE 18.530.1 USE CATEGORY I-P I-L I-H Industrial Services N R4,15 P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s) . 15. Limited to contractors and others who perform services off-site. C I T Y OF T I G A R D Staff Findings Proposal is consistent with approval standards for Development Code Amendments Insignificant public facility impact Resolves a frequent land use issue Creates more opportunity for Industrial Services wanting to locate in Tigard (400 Acres) May return some long-standing businesses to conforming status (Ord. 98-19 removed all building related business from I-P Zone) C I T Y OF T I G A R D Staff Findings Continued Restriction #15 unnecessarily restrictive All industrial services are potentially consistent with I-P zoning district through Restriction #4. ► Public facility impacts not anticipated if Restriction #15 removed . C I T Y OF T I G A R D Staff Recommendation That the Planning Commission find in favor of the proposed amendments and associated staff report, with any changes as determined through the public hearing process, and recommend approval to the Tigard City Council . 4/3/2013 EXHIBIT B Project Objectives • Meet community-wide housing needs • Address future housing and demographic trends ..ar ,.y • Promote housing affordability t ---- • • Go beyond state and regional requirements y,, _ _ ,y. • Meet the needs of an aging population • • Maintain a high level of livability ,;„,.,Th.., • Involve a variety of community stakeholders Periodic Review Population and Housing Report Nanning Galen Wew S■pwn I wen 1%2019 pepiafenrM Mo,910tr999p91131*111,2013 Meeting Objectives Study Components • Provide overview of planning process • Analysis of existing and future housing needs • Discuss key housing strategies • Review of compliance with local,regional, • Obtain feedback on Comprehensive Plan and Code state and federal requirements and amendment recommendations policies • Evaluation of development code provisions • Assessment of location-specific objectives .' • Development of Housing strategies Report • Preparation of proposed Comprehensive Plan and Code amendments Pf,d *..a iu,anraepertl 2i.,h1;2029 ••••••••9.,,0•0009 0.pert1 n9.rd1$2010 1 4/3/2013 Tigard Overall Housing Goal Key Findings • Tigard has enough land to meet 20-year - housing needs • Future needs include high percentage of - r "Provide opportunities for a variety of housing types at a ownership units and a relatively even split range of price levels to meet the diverse housing needs of and dwee bn other types af housinmily single-f detached homes og current and future City residents" • Continued need for housing at full range of prices • Demographic issues include aging population,"millennial"generation, diminishing household size,immigration and workforce housing needs 1003.03000n and NorOiry Report!MYrti a,2013 PoWMtlen nO M•wRry Report l March 10.3013 State Requirements Housing Strategies Summary • Meet full range of housing needs • Comprehensive Plan policy and Code updates • Allow for 50/50 split of single-family detached and • Location-specific recommendations—River Terrace, other housing types Downtown,Tigard Triangle,Washington Square,other • Allow for an average density of 10 units per net acre mixed use or transit oriented areas • Provide clear and objective standards for needed • Other non-regulatory strategies—partnering, housing coordination,informational materials • Provide enough land to meet 20-year housing needs • Administrative and funding recommendations— staffing,affordable housing role,financing tnsullaken.nw Hewing Report)Ma.1t 2013 ,00023000 S M•wiq Report)March It 3013 2 4/3/2013 Comprehensive Plan Amendments Development Code Strategies • Update Housing Chapter of Comprehensive Plan • Increase opportunities for — Revise narrative emerging housing types— — Replace findings with more current information "cottage housing"and — Modest updates to policies and actions "live/work units" — Reference Housing Strategies Report • Adjust duplex lot size — Adopt coordinated population forecast • Update Land Use Planning Chapter of Comprehensive standards Plan • Develop specific standards for — One additional policy is proposed attached single-family housing , (townhomes)city-wide PopWtlnord NOrWng Mportl March 13,2019 3,111n awl Mewing 11330131 num, inn Development Code Amendments Development Code Strategies • Provide clear and objective standards • Update accessory - -- — Eliminate discretionary design standards that apply to needed dwelling unit — _ housing requirements• Consider parking -- standard adjustments ■ �. • Consider height or s� density bonus provisions • Address clear and objective standards issue pepdetlnn•nd NOWng Nord march Is,2013 popMNtlen and NOUYngarportl March 143013 3 4/3/2013 Implementation Approach — m.o. .•••■1 300. 110.■ ,■•••• 0■..• "IAA, s 00,3, a*. l•WYM.,6•6666,..616.06.1 .16 6 1J 6.ow 641..661u Pepulation and 1100002 Report I Mo.It 2013 Planning Commission/Council Actions • Adopt Comprehensive Plan amendments • Adopt clear and objective standards Code amendments • Adopt new coordinated population projections 2oputetlen antl Housing Report I ktoreM1 It 2013 4 • AGENDA ITEM NO' May 28, 2013 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00003 - MASCO DEVELOPMENT CODE AMENDMENT — REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. LOCATION: All properties located within the I-P: Industrial Park Zoning District ZONES: I-P: Industrial Park Zoning District COMP PLAN: Light Industrial APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2,&9;Metro Title 4; Comprehensive Plan Policies 2.1.3,2.1.7, 9.1.2,9.1.3, &9.1.7;and Community Development Code Chapters 18.380, 18.390, & 18.530. 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 Three-Minute Time Limit on Testimony AGENDA ITEM No. 3 May 28, 2013 PLEASE PRINT 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. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. o )6Q Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-1305 6. Business Meeting Meeting Date: 05/28/2013 Length (in minutes): 15 Minutes Agenda Title: Consider Fee Waiver for Creative Hands Cooperative Preschool Prepared For: Liz Newton Submitted By: Liz Newton, City Management Council Business Meeting- Item Type: Motion Requested Meeting Type: Main Public Hearing Newspaper Legal Ad Required?: No Public Hearing Publication Date in Newspaper: Information ISSUE Should the city council grant a conditonal use permit fee waiver to Creative Hands Preschool to locate a nonprofit cooperative preschool in Calvin Presbyterian Church at 10445 SW Canterbury Lane? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the city council make a motion to "approve the request for a waiver of the conditonal use fee for the Creative Hands Preschool." KEY FACTS AND INFORMATION SUMMARY Creative Hands Preschool,a newly formed non-profit cooperative preschool would like to open their school in Calvin Presbyterian Church for the 2013-2014 school year. Calvin Presbyterian church is located in a residential zone at 10445 SW Canterbury Lane. Churches are allowed in residential zones as a conditional use. Preschools that are church-sponsored are allowed as an accessory use to the primary use (the church).Preschools that are not church-sponsored are allowed with conditional use approval.The fee for a conditional use permit review is $5,722.Attached is a letter from the applicant requesting a fee waver and describing the plans for the preschool. Tigard Municipal Code Section 3.32.070-Exemptions-provides the authority for city council to waive or exempt fees as follows: 3.32.070 Exemptions. The CO'Council is authorized to waive or exempt the fee or charge imposed upon an application or for the use of Cite facilities and services, if a nonprofit organization requests such a waiver in writing and the Council determines that community benefit from the proposed activity outweighs the financial burden on the City. The waiver or exemption shall not excuse the nonprofit organization from compliance with other requirements of this code. (Ord. 82-72 57, 1982). The applicant submitted information describing the community benefits(attached) that includes a discussion on the limited availability of nonprofit cooperative preschools in the community: "Amongst the mare religious based, academic based, and traditional preschools located in Tigard, there are currently only two cooperative preschools. Opening Creative Hands Preschool at Calvin Presbyterian gives Tigard preschool parents in the local neighborhood, as well as Sherwood and Tualatin parents a closer option for a cooperative preschool. Sherwood does not have a cooperative preschool and Tualatin only has one, which is located by Tualatin High School. Creative Hands Preschool requires their teachers to have an early childhood education degree and experience, which is an important part of providing a quality preschool education. One of the two cooperative preschools in Tigard does not employ teachers with early childhood education degrees. So there is only one preschool current'in Tigard that provides a high quali y cooperative preschool education by providing educated and experienced teachers." Staff has researched the precedent-setting potential of this request.There are approximately 19 Churches in the city located in residential zoning districts. If conditional use permit applications with fee waiver requests were submitted and granted for each one of those locations,the city would fore-go$108,718 of permit revenue; (19 applications x$5,722 = $108,718.) It is highly unlikely that would occur however.A review of a listing of 84 private,nonprofit,and for-profit preschools/daycares in Tigard revealed only three housed in churches.While the list may not be complete there is no basis to assume that the city will receive a significant number,if any,similar requests for fee waivers. OTHER ALTERNATIVES 1. Deny the fee waiver request. 2.Waive a portion of the fee. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: - Budgeted (yes or no): - Where Budgeted (department/program): - Additional Fiscal Notes: There are approximately 19 churces in the city located in residential zoning districts. If conditional use permit applications with fee waiver requests were submitted and granted for each one of those locations,the city would fore-go $108,718 of permit revenue; (19 applications x$5,722= $108,718.) Attachments Fee waiver request Cooperative Preschool Benefits April 4,2013 Mayor John Cook 13125 SW Hall Blvd Tigard,OR 97223 Dear Mayor Cook, Creative Hands Preschool,a newly formed non-profit cooperative preschool,would like to request a fee waiver for obtaining a conditional use permit.We would like to open our school in Calvin Presbyterian Church,located at 10445 SW Canterbury Ln in Tigard,for the 2013-2014 school year and need a conditional use permit to operate at this location.We feel that the fee required to obtain a conditional use permit is exorbitant for the size and type of operation that we are proposing. A cooperative preschool is a preschool program that is operated by a board of directors comprised of parents who take an active interest in their children's first educational experience. Parents help the teacher in the classroom,are given opportunities for education,and are involved in decision-making.There are many documented benefits for children and families that attend cooperative preschools. Creative Hands Preschool is a part of Parent Child Preschools of Oregon(PCPO),an organization which aids in the forming of new co- ops,promotes the exchange of ideas of among schools,and supports schools in running smoothly. Creative Hands preschool is a small cooperative preschool,planning to open 2 classes,M/W/F mornings and T/Th mornings,with 18 kids in each class.As a small,parent led school,we do not have the funds to pay a large conditional use fee.We feel Calvin Presbyterian Church is a wonderful option as they housed MITCH Charter School two years ago and have great classroom and outdoor space that they would like to rent to us next year.The location would serve many families with young children in the Tigard area that are looking for a safe,fun,affordable preschool option where they can be involved in their child's first educational experience. We tried to start our preschool three years ago,but ran in to the same difficult situation of large fees and difficulty of finding an affordable space to rent with the correct zoning and use.These obstacles are almost impossible to overcome for a small,parent led preschool looking to provide affordable tuition for local families. We would be immensely grateful if you were able to get our request on the agenda for the business meeting this coming Tuesday,April 9.Time is of the essence since we are trying to open this September. Thank you so much for your time and consideration.Please let me know if you have any questions or need any other information to proceed with the fee waiver request. Melissa Parmelee President Creative Hands Preschool 503-413-9218 Our mission: Creative Hands Preschool is an affordable,non-profit,cooperative school.Our goal is to inspire children's creativity and foster a lifelong love of learning while growing socially,intellectually,emotionally,physically and spiritually in a play based environment.Parents work with teachers to provide a unique learning atmosphere where children learn through active exploration. Parent Cooperative Preschools A parent cooperative preschool is organized by a group of families with similar philosophies who hire a teacher to provide their children with a quality preschool experience.The preschool is administered and maintained by the parents on a non-profit,non-sectarian basis.The parents assist the professional teachers in the classroom on a rotating basis and participate in the educational program of all the children. Each family shares in the business operation of the school, thus making it truly a cooperative venture. Parents,preschool children and their teachers all go to school together and learn together. For Parents Parents gain insight into child behavior by observing other children.They observe how other parents and the professional teachers handle various situations and gain greater understanding and enjoyment of their own children through active participation in their education.They have the opportunity to share their experiences and expertise with others while working together in a cooperative setting.Through serving on the Board, parents learn about administration,running meetings and other skills useful to them in other areas and states of their lives.They also learn useful ideas for helping their children at home and in the world around them. For Children Children participate in a supervised play and learning experience with children of their own age. Equipment, materials and physical facilities are scaled to child size.An opportunity is provided to interact with adults other than their own parents.The children are able to find security and a feeling of belonging in a world which is non-threatening and interested in them.Learning to respect and accept the rights and differences of others is emphasized. Children have hands-on experiences in creative arts,music,science,literature,and language geared to their needs and developmental level. Child to adult ratios are much lower than other preschools,so more small group and one on one learning can occur. For the Community Parents and children develop an extended family with friendships they carry through their lives.Parents gain a strong sense of responsibility and develop positive self worth which carries over into every aspect of community life.The cooperative organization provides preschool experiences within the financial means of most families. Limited Availability Amongst the many religious based,academic based,and traditional preschools located in Tigard,there are currently only two cooperative preschools. Opening Creative Hands Preschool at Calvin Presbyterian gives Tigard preschool parents in the local neighborhood,as well as Sherwood and Tualatin parents a closer option for a cooperative preschool. Sherwood does not have a cooperative preschool and Tualatin only has one, which is located by Tualatin High School. Creative Hands Preschool requires their teachers to have an early childhood education degree and experience, which is an important part of providing a quality preschool education. One of the two cooperative preschools in Tigard does not employ teachers with early childhood education degrees. So there is only one preschool currently in Tigard that provides a high quality cooperative preschool education by providing educated and experienced teachers. CouAr, e:,tDr ti Re�r� SUPPLEMENTAL PACKET FOR 5: ass•ao �3 (DATE OF MEETING) Counci L l..icust>n t�(xx4s Audience and Date Community Investment Initiative : Development- Ready Communities Pilot Program Challenge Inability to maximize development potential • Developers perceive regulatory barriers Time uncertainty • Process/outcome uncertainty Lack of "development ready land" Cost of doing nothing , r � Persistent uncertainty in the development process • Inability to attract development • Increased pressure to expand the urban growth boundary Failure to fully realize value of existing infrastructure investments Potential Benefits Maximize potential of available land Capitalize on existing infrastructure • Reduce demand for new infrastructure Generate Development and associated returns • Tax base ▪ Jobs Development- Readiness Pilot Program Develop and test a "readiness" assessment tool Gauge interest in a program Assess feasibility of a permanent program Deliver more certainty at the local level Why we are here Inform MPAC members about the progress of the pilot program and preliminary findings Seek feedback on how to make the program more useful and attractive to its intended users : jurisdictions Project Background The CII Development- Readiness Implementation group Created pilot tool and program Identified partner jurisdiction Vetted pilot tool through outreach and engagement Conducted pilot program Compile results and deliver recommendations The Pilot Program Process Select pilot jurisdiction from volunteer communities Work with jurisdiction to ensure commitment from local leadership Familiarize staff with the assessment tool Meet with staff to complete assessment tool Follow up with staff to ensure clear communication Deliver results The Diagnostic Tool Focused on issues at the jurisdictional level Land availability and site readiness Development culture and customer service Regulatory environment Development fees and incentives Outreach and Engagement Innovation/Other Development Statistics/Bench marking Goals • Diagnostic Tool : E B. Land availability & site readiness This category evaluates jurisdictions'planning and implementation activities that are necessary to ensure an adequate supply of residential and employment lands.It also evaluates site readiness efforts,defined here as efforts to identify.invest in.and market key available opportunity sites. DESIRED OUTCOMES STRENGTHS IDEAS FOR IMPROVEMENT COMMENTS B1.The jurisdiction has plans and procedures in place to ensure sufficient availability of residential and employment lands. 81.1 Evidence of efforts to ensure that amount and + location of zoned land reflects realistic market potential in the short-and long-term (market assessments.job lands 0 analysis.updates to comprehensive plans) 81.2 Connection of an economic development + strategy to land supply needs (Clear(y adieu iatedjoh creation actions that tie to needed changes in or supply of 0 employment lands) 81.3 Evidence of work with overlapping taxing + jurisdictions to coordinate investments in infrastructure and facilities to support land - availability 0A0u5 or IGAs. coordinated CIPprocesses) Findings : Refining the Diagnostic Tool Easier to fix: ��-a Avoid ALL HR issues 0}AAW)F7\ Put Outreach and Engagement somewhere besides last Development statistics not practical (though a good idea) Harder to fix: Where is the practical midpoint between comprehensiy,e and specific? � �� '` Overall: �' � �, a , . ; X., Comprehensive and valuable �, Tool less useful than conversation �5�-�� Developer emphasis: Development culture aL}d cu tome �� service �\ � \� � � '. ) a� �y �C 1\c9-5034N \ 4 ,r) ,,\,\ --cN. ( , 19 &N \ )cv \c) ,t,‘, Findings : Program Development Incentives will help -t1c Wel4-C/ +p Y`"rr� ( fz(j -1;(P) ) "Vision" is an important issue Context sensitive process Needs both public and `quiet' components Include direct customer feedback component Additional refinement needed � , y�ee� �. � u,U�ic�- << �,,M.}" w��r� .� ya,u�. � �k�1w� �� Program administrator and tailored process will be critical to success Preliminary Recommendations : Program Development /Lv (\46-11" Possible program format: 6.,v, (x-v Use diagnostic for goal settin � te ,a 2. Develop work program 3. Provide support throughout implementation and track success 'JLo'kuv Questions : now ; \g-t "i'Suv Incentives? Payment? Both? Graduation or certification? Self-evaluation or third party? 2 Ii■ATZ 0Axt?t KiMel"`' ,9LA'r) \NMA) FrYCE'047 I "Ai \Mk/7MM W T Crew CAP •Discussior 01)\ tilk4A-C—' U,44 eaki•44-' CZ/0 / ' cfr ONH What would make this mo e earn pp g in yourjurisdictions? �� $` What would prevent jurisdictions from c'j , participating ? � Facilitated self-eval or 3rd pparty revie w ' �v Fee -for-service, incentive, or some 4'. r(o\D combination? ,° kv \ Q "\A"'" To certify or not to certify? 9 _ cpt. ‘4s \X What other recommendations would ou ,t Y have for the administration ? 't program