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08/20/2007 - Packet S TIGARD PLANNING COMMISSION AGENDA • AUGUST 20, 2007 7:00 p.m. TIGARD TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 • 7:00 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:02 p.m. 3. COMMUNICATIONS 7:10 p.m. 4. APPROVE MINUTES 7:15 p.m. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001 Tigard Comprehensive Plan Update of Statewide Planning Goal 6: Air,Water, and Land Quality Resources, Goal 8: Recreation Needs, and Goal 13: Energy Conservation REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air, Water, and Land Resources Quality; and 9: Energy by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: CBD, C-G, C-P, I-H, I-L, I-P, MUC, MUE, MUE-1, MUE-2, MUR-1, MUR-2, R- 1, R-2,R-3.5, R-4.5, R-7, R-12, R-25. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810; Comprehensive Plan Policies 2, 3 &4; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6. 8:15 p.m. 6. COMPREHENSIVE PLAN WORKSHOP - HAZARDS 9:00 p.m. 8. OTHER BUSINESS 9:05 p.m. 9. ADJOURNMENT • Tigard Planning Commission — Roll Call Hearing Date: -0?o-v-7 Starting Time: 7 oz) r,. COMMISSIONERS: Jodie Inman (President) Tom Anderson `/ Rex Caffall I/ Margaret Doherty j/ Karen Fishel Stuart Hasman Matthew Muldoon Jeremy Vermilyea V David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher ✓ Ron Bunch Cheryl Caines John Floyd Emily Eng '- Duane Roberts Kim McMillan /Sean Farrelly Gus Duenas V Darren Wyss Phil Nachbar %m ( • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes August 20, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall,Doherty,Fishel, Hasman, Muldoon,Vermilyea, and Walsh Commissioners Absent: Staff Present: Ron Bunch,Assistant Community Development Director; Darren Wyss, Associate Planner;Duane Roberts,Associate Planner;Marissa Daniels;Assistant Planner; Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Walsh advised that the Tree Board will have a workshop with the Planning Commission in September. The Board has been working on the goals,policies, and action measures for the management and preservation of trees and other vegetation. Walsh provided copies of the working draft to the Planning Commission. The Tree Board received input from the Policy Interest Team, staff, and the Homebuilder's Association. Commissioner Caffall reported on the Committee for Citizen Involvement. He reported that the neighborhood webpages are almost ready to go. It's anticipated that everything will be online by the first of the year. The CCI is scheduled to present changes to their membership requirements to Council tomorrow night. The Hwy. 99W Committee will meet in the next few weeks to review ODOT material. APPROVE MEETING MINUTES None 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001 PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 1 ID • Tigard Comprehensive Plan Update of Statewide Planning Goal 6: Air,Water, and Land Quality Resources, Goal 8: Recreation Needs, and Goal 13: Energy Conservation REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air, Water, and Land Resources Quality; and 9: Energy by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov/code_ amendments. LOCATION: Citywide. ZONE: CBD, C-G, C-P, I- H, I-L, I-P, MUC, MUE, MUE-1, MUE-2, MUR-1,MUR-2, R-1, R-2, R-3.5, R-4.5, R-7,R-12, R-25. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810; Comprehensive Plan Policies 2, 3 & 4; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6. STAFF REPORT Darren Wyss reported that this proposed amendment will replace current topics 4 and 9 of the Comprehensive Plan in their entirety; and for topic 3, policies 3.5.1, 3.5.2, 3.5.3, 3.5.4, 3.6.1, 3.6.2 will be replaced. Changes requested at the July 16th Planning Commission meeting have been incorporated into the proposed language (Exhibit A). Staff has reviewed the proposed amendment according to the applicable review criteria and finds that it satisfies the Community Development Code, the Tigard Comprehensive Plan, the Metro Urban Growth Management Functional Plan, and the Statewide Planning Goals. Outside agency comments have been received. DLCD recommended a couple of clarifications which are found in the staff report. Other agency comments and Comprehensive Plan Update Department Review Team recommendations are also included in the staff report. Wyss detailed revisions to the language since the July 16th Planning Commission meeting. Duane Roberts reviewed proposed changes to the Parks, Recreation, Trails, and Open Space chapter (Exhibit B). He advised that the second revision requested by Sue Bielke is already in the proposed language. It was requested that the term "non-native plants" in 8.1.xxxii be replaced with the term "invasive species." Sometimes a non-native species may be better suited in an area than a native species. It was clarified that 8.1.xxi is not meant to eliminate existing programs for the Senior Center and Library. It is attempting to provide additional programs. Commissioner Doherty encouraged the use of signs in sensitive areas to discourage such things as dogs and litter. PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 2 • • PUBLIC TESTIMONY— IN FAVOR Carl Switzer, 10310 SW Hoodview Drive,Tigard 97224 testified that he has been chairman of the Parks and Recreation Advisory Board and a member of the Policy Interest Team (PIT) for Parks and Recreation. He believes it is intolerable that there is no funded recreation program in Tigard. The PIT put forth recommendations for the Comprehensive Plan. Subsequently, staff has red lined them. He encouraged the Commission to incorporate the PIT comments rather than the staff comments, e.g., 8.1.13. This will provide guidance in the future to provide publicly funded recreation in Tigard. Another policy that he would like to see reinstated is 8.3.1. Switzer encouraged the Commission to support citizen input. When asked how much money it could take, he said the City could start small and grow from there. There are ways to fund a recreation program— establish a special district, such as Tualatin Hills Parks and Recreation, which is a separate taxing entity that provides all of its own facilities, maintenance, and programming; use a combination of general fund dollars and user fees, along with additional grants; join with a neighboring special recreation district and share the cost of providing service; work with a private entity like Sherwood has done with the YMCA. Switzer couldn't provide.an estimate of how much it would cost to start a recreation program. However; he did say that he believes the Comprehensive Plan is a guiding, visionary document that will lead us through the next 20 years. If we don't have language that supports and asks for or maybe even requires a recreation program, we'll never see it in Tigard. Concern was raised about the language obligating the City to provide facilities and a full scale program if there isn't adequate funding. Switzer said that Tualatin Hills Park and Recreation District has been around for many years. They did not start with everything that they have now. This proposed language doesn't say anything that would handcuff the City; the spirit is that Tigard will invest in public recreation in some capacity. Switzer said it's not anyone's intention to place an undue burden on the City and how the process works isn't as important as having it clear in the Comprehensive Plan that there's something that can be implemented. The City's consultant found favorable results for a recreation program and the Park and Recreation Advisory Board (PRAB) has spent a lot of time working on this. Public meetings were held and a number of people expressed support for a program. John Frewing, 7110 SW Lola Lane, Tigard 97223 supports Mr. Switzer's ideas. There has been a survey and there is significant support for a recreation program in the City. The PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 3 • language is only asking the City to consider seeking voter approval. He believes the language of the PIT should be reinstated. Frewing noted that the 2004 survey indicated that citizens would rather pay for open spaces than recreation facilities and programs. He believes that both should be included in the Comprehensive Plan. Frewing is concerned about the adoption process for the Comprehensive Plan. The Comp Plan is an integrated document. He thinks the Planning Commission should recommend to City Council that they tentatively adopt these chapters and when it's all done, bring it all back together to check for issues of integration to see if anything has been missed. He equated the process to signing a contract with only seeing the first page of the contract. Council should give tentative approval and reserve final approval until the whole package is done. Staff advised that when the language is adopted by Council, it will replace the existing language in the Comprehensive Plan. We are replacing existing language in the Comp Plan piece by piece. At the end of the process,if there parts of the plan that seem to be disjunctive or create a conflict, then it is possible to go through the amendment process to make changes. Staff is looking at the policies very carefully to make sure they're integrated. One reason we're going through the adoption process bit by bit is that we need the tools to start building a policy base to do such things as adopting a new tree code. Changes to the Comprehensive Plan can be approved in parts. PUBLIC HEARING CLOSED The Commissioners deliberated the proposed language at length. It was noted that the Parks and Recreation Policy Interest Team was put together for the specific purpose of analyzing issues, developing data, developing answers, and making recommendations. The most desirable outcome is that the City has a fully functioning Parks and Recreation system. The recent visit to Port Moody,B.C.was mentioned. The recreation program in Port Moody has been in place for quite awhile and is making money. They have been able to expand their program. Commissioner Vermilyea commented that the intent of proposed language is to have a high quality program served by high quality facilities. It is not the purpose of the Planning Commission to determine how it is going to be funded or what it will look like. The purpose is to decide whether this is important enough to establish goals and policies for putting a recreation program together. The details can be worked out by policy makers. The Commission took a break so staff could work out new language to capture what the Commissioners have been discussing. When the meeting reconvened, the Commissioners PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 4 • • moved on to agenda item#6 [see agenda item #6] until staff was finished with the new language. Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to reopen the public hearing. The motion was approved as follows: AYES: Anderson, Caffall, Doherty, Fishel,Hasman,Muldoon,Vermilyea,Walsh NAYS: None ABSTENTIONS: Inman EXCUSED: None PUBLIC HEARING REOPENED John Frewing would like to add an item #D to Policy#1 of the Energy chapter to read, "Orient new transportation capabilities to facilitate the broad use of commuter rail." When new streets are planned, they should provide parking for commuter rail. For 8.2, Policy #1, Frewing suggested adding the word "schools." He believes the trail system should be connected to schools. Staff advised that the City has received funding to identify shortcuts within the older areas of the City,which would include safe routes to schools and trails leading to schools. Commissioner Doherty suggested checking with the school district first to see if they have concerns about safety. For action measure 8.2.vii, Frewing would like to add the words, "open space tracts and neighborhood common areas." A number of subdivisions have open space tracts and common areas. He would like these identified on Tigard's trail map. President Inman questioned this from a liability standpoint. A lot of open spaces in Planned Developments and common areas are not open to the general public because it introduces a liability to the homeowners. The homeowners probably would not want them identified on a published map. Frewing said the intent is to know that they exist for the purpose of eventual trail construction if it's acceptable to the neighborhood association or whoever controls it. Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to close the public hearing. The motion was approved as follows: AYES: Anderson, Caffall,Doherty, Fishel,Hasman,Inman, Muldoon,Vermilyea,Walsh NAYS: None ABSTENTIONS: None EXCUSED: None PUBLIC HEARING CLOSED After more discussion, the Commissioners recommended the following revisions to the proposed language: PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 5 • • • • Goal 8.1, Policy #13 shall read, "The City shall identify funding to build recreation facilities and provide a full service recreation program." • Goal 8.1x shall read, "Consider seeking voter approval, as early as November 2008 and no later than November 2010, to fund needed park and open space acquisitions and improvements." • Goal 8.1xix shall read, "Consider voter approval to fund needed recreation facilities and a recreation program." • Goal 8.1xx, xxi,xxii—delete all 3 action measures. • Goal 8.lxxxiii, amend to read, "Remove and control invasive species and noxious weeds in natural areas." • Goal 8.3u is now 8.3i. • Add an additional action measure under Goal 8.3 —"ii: Identify potential partners including school districts, special service districts,private providers, etc., for the provision of recreational programs." • Goal 8.3, Policy #1 will read, "The City shall establish a recreation program served by high quality community facilities." • Goal 8.3, Policy #2 shall be deleted. • Goal 8.3, add an action measure, "iii: Work with the community to assess appropriate elements for a recreation program." • Goal 8.1 xxxii, delete "When feasible and appropriate." • Goal 8.lxxxiii, delete "where feasible and appropriate." • Goal 8.2vii, delete "If adequate resources are available." • Goal 8.Ixxxii, change the word `studies' to `surveys'. • Goal 8.1xi, delete "when feasible." • Goal 8.lxxiv, delete "When feasible and appropriate." Per John Frewing's request,it was suggested to add item D to policy 1 "Orient additional transportation improvements to encourage the use of commuter rail." Staff recommended PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 6 • • not including the language in this Chapter. There is a transportation section that will be coming to the Commission in the future. It deals specifically with public transportation, trails, and other elements of the transportation system. It would be a more appropriate place to address commuter rail. It was asked if it would be sufficient to take it out of the energy section and just leave it in the transportation section. Staff said that the transportation policy encompasses everything—commuter rail, buses, and other public transit. This would be a more appropriate section to address specific issues about commuter rail. The Downtown section of the Comprehensive Plan also deals with activities around the commuter rail station. Ron Bunch advised that the City will be updating the Transportation System Plan. One component of that is energy reduction through use of transit and other kinds of system management programs. After more discussion,it was decided to leave the language as is. With regard to open spaces and common areas and their relationships to the trail inventory system, the Commissioners determined that it has been addressed with the language in 8.2.vii. The language will be left as is. The Commissioners discussed whether to add schools to the network of trails and paths in Policy 8.2.1. They decided to leave the language as is, not adding schools to the list. It was suggested to delete the words "when able"under 8.lxxiii. After discussion, the Commissioners decided to leave the language as is. Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to forward a recommendation of approval to the City Council of application CPA 2007-00001 and document findings and conditions of approval contained in the staff report as amended, based on the testimony we've heard and the discussion of the Commission as memorialized in the minutes of the meeting this evening. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman,Muldoon,Vermilyea,Walsh NAYS: None ABSTENTIONS: None EXCUSED: None 6. COMPREHENSIVE PLAN WORKSHOP - HAZARDS Marissa Daniels reported on the draft goals,policies, and action measures of the Hazards section of the Comprehensive Plan (Exhibit C). She provided information on how the draft language was developed. Daniels advised that the opinions of the PIT agree with those of staff on all but 2 issues. The first is the way in which we define high hazard areas. The Hazards PIT prefers that hazard areas be defined by map for all hazards. Currently, the floodplain is defined by FEMA map and landslide prone areas are defined by text. Staff recommends against defining hazard areas by map, as map error and map scale may interfere with the accuracy of hazardous conditions. PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 7 • • The second issue is the creation of a natural hazards home inspection program. The PIT proposes that the building department offer home inspections to property owners to check for possible vulnerability to natural hazards. The building department does not currently have the expertise to evaluate homes on this level. Frequently, a geotechnical or structural engineer is needed to determine whether a home is at risk. Implementing this program will require the creation of one or more new positions and would have budgetary consequences. Staff is also concerned about the liability involved in determining whether or not a home is at risk of natural hazards. Commissioner Muldoon asked about a hazard mitigation methodology for buried utilities. He also asked about a mechanism for identifying likely flat roof collapse during severe weather and how it could be shared with the public. Daniels advised that underground utilities issues would be covered in the Public Facilities section of the Comp Plan. Regarding flat roofs, she noted that severe weather isn't just ice and wind;it also includes things like drought and extreme heat. In the Comp Plan, once we start specifying one thing, such as flat roofs,it could open the door to a host of other possible problems. She believes it's better to deal with it in the Mitigation Plan which will identify particular action items. Also, hazard response is not covered in the Natural Hazards section of the Comp Plan;it is covered in the Public Safety section of Public Facilities. Muldoon is interested in an action measure so that during times of severe weather, there would be public information on the possibility of roof collapse. Staff said they could add an action measure in the Public Safety section. Comments from the Planning Commission (responses are in italics): • Use sub-headings for each of the hazards to make it more readable. • Under key findings,it states that as of June 2006,Tigard owns 35% of the 100-year floodplain. What is the breakdown of the remaining portion? Portions are in the public sector;the school district also owns property in the floodplain. Staff can break out the information for the Commission. • Clarification was requested for Policy#9 (zero-foot rise floodway). It means you can't put any fill in a floodplain. Ifyou put a shovelful of dirt in,you have to take a shovelful of dirt out— zero net rise. • For Policy #13, replace native with non-invasive species. • For action measure vi, does that include business practices? For example, there is an auto wrecking yard along Hwy. 99W close to Sherwood in the 100-year floodplain. During the last flood, cars were floating and obviously polluting the water. Perhaps we could add an action measure to encourage changes to business practices that would be consistent with water quality standards or as set forth by EPA or DEQ. It could be addressed in several different chapters, but ultimately, the Development Code determines whether or not a hazardous storage faciko would be allowed within a 100 year floodplain or on an adjacent property. • Regarding 7.2.ii, how often is the Tigard Emergency Operations Plan updated? Staff will find out. Staff f advised that Goal 7.2 goes above and beyond the Statewide Planning Goal. The Statewide Planning Goal addresses only natural hazards and does not mention severe weather. • The policy for business practices discussed earlier could also be applicable under 7.2. • PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 8 • • • TVFR always has current emergency response guides. This,in some ways,parallels that. • Does Goal 7.2 adequately address live drills for citizens? The City offers a CERT program which covers.specific training for citizens. Other than that, we work with Washington County for our emergency education/training. 7. OTHER BUSINESS President Inman reminded the Commissioners that when they take a break, they should not be discussing the hearing item(s) outside of the public realm. Comments need to be on the record. The Commission returned to Agenda Item #5.1. 8. ADJOURNMENT The meeting adjourned at 10:42 p.m. Jerree ' -wis,Planning Commission Secretary A TEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 9 • 0 EXHIBIT A Environmental Quality Environmental Quality addresses the quality of air we breathe, water in aquifers, wetlands, streams and lakes and the responsible management and disposal of waste. Environmental quality is essential for a high quality of life including a strong and sustainable economy. Therefore, Portland metropolitan area governments and agencies, in cooperation with state and federal governments, have developed systems to address urban development's impacts on air, water and land resource quality. This includes measures to prevent environmental degradation and the need for conservation. Statewide Planning Goal 6 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage development's impacts on air, water and land resources Goal 6: Air, Water and Land Resources Quality `To maintain and improve the quality of the air, water and land resources of the state." The community's vision is for a future where the character and livability of Tigard is enhanced by the quality of the surrounding environment. The citizens know the importance of participating in regional partnerships, of ensuring the natural resource systems function to provide clean air and water, and of developing land use patterns and a multi-modal transportation system that reduces the dependency on the automobile. Furthermore, it is recognized that expected population growth in the region will require further effort and innovation to protect environmental quality. At the local level, Tigard can protect environmental quality by ensuring its land use policies, codes, and standards are up-to-date with contemporary best management practices;that it is compliant with state and federal environmental laws and administrative rules; and that it leads by example in employing environmentally sound and sustainable practices in its municipal operations. The City also has an opportunity to educate its citizens of how changes in daily life can improve environmental quality. Section 1: Air Resources Quality Clean air is essential for human well-being. Furthermore, if a region violates federal and state clean air rules there can be significant negative impacts on the economy as a result of mandated actions to improve air quality. To ensure access to clean air, the federal Clean Air Act was created as the primary regulatory framework for national, state and local efforts to protect air quality. Under the Clean Air Act, the Environmental Protection Agency (EPA) is responsible for setting standards, known as National Ambient Air Quality Standards (NAAQS), for pollutants considered harmful to people and the environment. Air quality planning is focused on meeting the NAAQS and setting deadlines for meeting these standards. The Oregon Department of Environmental Quality (DEQ) is responsible for protecting Oregon's air quality by issuing permits, developing programs, and monitoring air pollution to ensure communities meet the NAAQS and to protect Oregon's pristine views. Air pollutants identified in the 2005 DEQ Air,Quality Report as the greatest concern in Oregon are: • Ground-level ozone, commonly known as smog; • Fine particulate matter (mostly from wood smoke, other combustion sources, cars and dust); • Hazardous air pollutants (also called Air Toxics); and Energy Conservation Planning Commission Hearing 1 CPA2007-00001 • • • EXHIBIT A • Carbon monoxide (mostly from motor vehicles). As air quality does not know political boundaries, regional efforts were established to monitor and plan for pollutants. The City of Tigard is part of the Portland Area Airshed (PAA), which is defined by the Metro service boundary. The DEQ is responsible for ensuring the PAA meets the national standards and developing the necessary plans to continue compliance. Currently, the PAA meets all NAAQS standards (three-year averages are used to determine attainment/non-attainment of the standards: eight-hour ozone, particulate matter, and carbon monoxide). However, DEQ is required to develop maintenance plans for carbon monoxide and ozone to ensure continued compliance. At the local level the City can have a positive impact on air quality. Land use, transportation and public facility planning can promote land development patterns and transportation systems that reduce dependence on the automobile. The city can coordinate with the Oregon Department of Environmental Quality to ensure that industries requiring DEQ permits comply with state and federal regulations. Also, the city can protect existing natural areas and mature trees and promote and participate in tree planting efforts. Vegetation has the natural ability to convert and sequester carbon dioxide and produce oxygen. Trees and shrubs can also serve to screen and buffer dissimilar land uses and attenuate noise pollution. The city can also ensure its codes and regulations prevent and mitigate other negative air quality impacts associated with urban development such as visible emissions, odors, glare and heat. Key Findings • Within urban areas, air quality is often much worse along major roadways. • DEQ has issued six active Air Contaminant Discharge Permits (ACDP) within the City to regulate minor sources of contaminant emissions. • Motor vehicles are now the primary source of air pollution in Oregon and due to population increases, the number of miles driven daily by Tigard residents has increased 67% since 1990. • The primary sources of household pollutants in Tigard include wood burning fireplaces, and lawn and garden equipment. • The Oregon Legislature adopted a number of specific measures to address air quality in the region. • The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. Goal 6.1 Reduce air pollution and improve air quality in the community and region. Policies 1. The City shall ensure that all development complies with or exceeds regional, state, and federal standards for air quality. 2. The City shall support regional and state plans and programs to attain regional, state, and federal standards for air quality. 3. The City shall promote land use patterns which reduce dependency on the automobile, are compatible with existing neighborhoods, and increase opportunities for walking, biking, Energy Conservation Planning Commission Hearing 2 CPA2007-00001 • • EXHIBIT A and/or public transit. 4. The City shall continue to investigate and implement practices that reduce air pollution associated with municipal operations. 5. The City shall cooperate with other public agencies to minimize localized transportation impacts to air quality through intersection improvements, access management,intelligent transportation systems, etc. 6. The City shall encourage the maintenance and improvement of open spaces, natural resources, and the City's tree canopy to sustain their positive contribution to air quality. 7. The City shall improve the Environmental Performance Measures to minimize impacts from noise and light pollution. 8. The City shall encourage citizens to modify their household actions, through education and incentives, to reduce emissions. This may include alternatives for heating, lawn and garden equipment, and transportation. Recommended Action Measures i. Perform a land use analysis to identify residential zones that could potentially accommodate mixed use or neighborhood commercial development. ii. Adopt and implement development regulations that include provisions or incentives for alternative transportation use, particularly in Metro designated corridors and centers. iii. Perform a sidewalk inventory that results in a city-wide GIS layer to be used for gap analysis and the creation of a sidewalk improvement plan. iv. Work with TriMet to identify underserved neighborhoods and find the funding to add service in these areas. v. Pursue funding for . : - :a : :: . . : _ - - intersection improvements, access management controls, and intelligent transportation systems that would help to reduce congestion. vi. Expand the free street tree program by actively engaging neighborhoods and creating a pool of community volunteers to help with the plantings. vii. Place educational materials in the schools, Tigard Public Library, and City Hall that demonstrate actions individuals can implement to help improve air quality in the community. viii.Research "dark skies" regulations from other municipalities and develop standards for Tigard. ix. Research the feasibility of a buyback program for older wood burning stoves. x. Research the feasibility of banning gas-powered leaf blowers and a buyback program for petroleum powered lawn equipment. xi. Develop an ongoing committee to evaluate a Tigard public transportation system Energy Conservation Planning Commission Hearing 3 CPA2007-00001 • • EXHIBIT A that would connect underserved neighborhoods with TriMet routes. Section 2: Water Resources Quality The quality of the water in our aquifers, streams, rivers, lakes, and wetlands is important to the health and welfare of the community, as well as the fish and wildlife that rely on clean water for habitat. To limit harmful impacts from human activities on water quality, the Clean Water Act (CWA) was enacted. It regulates the discharge of pollutants into waterways through National Pollutant Discharge Elimination System (NPDES) permits. In the State of Oregon, the Department of Environmental Quality (DEQ) has been charged with establishing standards, regulating, and monitoring Oregon's waters for compliance with the CWA and NPDES. Large municipalities typically have NPDES permits for their wastewater treatment facilities and for stormwater runoff, called a Municipal Separate Storm Sewer System (MS4) permit. In urban Washington County, which includes the City of Tigard, the permits have been combined and are held by Clean Water Services (CWS). The combined permit was issued for the entire Tualatin River watershed to guide a basin-wide effort to improve water quality. It requires CWS to submit a Stormwater Management Plan and a Wastewater Management Plan to DEQ. These two plans outline the best management practices that CWS,its member cities, and Washington County commit to employ to reduce pollutant discharges, regulate temperature, and comply with any Total Maximum Daily Load (TMDL) levels that have been established. The City of Tigard is a co-implementer of the permits and associated plans through an Intergovernmental Agreement (IGA) with CWS. The IGA outlines the functions the City must perform that are critical to the operation, maintenance, and management of stormwater and wastewater facilities and to ensure compliance with the CWA. Separate from the NPDES permit process, Clean Water Services has developed a Surface Water Management Program to manage non-point source pollution impacts on water quality. The Healthy Streams Plan, a public education program, and watershed restoration projects are among the several activities undertaken to improve the water quality of streams and wetlands within the Tualatin River basin. The City also has an important role in improving water quality. For example, it has committed staff and resources to implement the Healthy Streams Plan. This involves ongoing efforts to restore stream health and associated riparian areas, educating the public about how individual actions can improve water quality, and coordinating policies and actions with other jurisdictions and agencies. These actions help maintain compliance with Metro's Urban Growth Management Functional Plan Titles 3 and 13 and implement the Nature in Neighborhoods Pmgram. Tigard also seeks to improve water quality by adopting land use policies and regulations to prevent erosion and protect floodplains and other sensitive lands including tree groves, wetlands, and stream corridors. Land use regulations can also help reduce water pollution by reducing impervious surfaces, and requiring storm water retention and treatment on-site. Also the City can provide education about how low-impact development and green building techniques can conserve water and protect water quality. Furthermore the city maintains a sewer extension program to connect properties to the city sewer system that rely on septic tanks and drain fields. Energy Conservation Planning Commission Hearing 4 CPA2007-00001 • • EXHIBIT A Key Findings • Water quality in the Tualatin River basin has been generally improving since the 1970s, despite continued urbanization in the watershed. • In 2006, Oregon DEQ characterized both Fanno Creek and the Tualatin River as having"poor" water quality within the City of Tigard. However, this is an improvement from the "very poor" ranking received in 1995. • Non-point sources are the largest contributors to water pollution in both Oregon and the Tualatin River basin. • Within Tigard, run-off from impervious surfaces, pet waste, and erosion/sedimentation are the most problematic non-point sources of pollution. • To enhance water quality, the City has and active program of tree planting,water quality facility construction (vegetated swales and retention basins), and stream corridor and wetland enhancements. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policies 1. The City shall ensure that all development complies with or exceeds regional, state, and federal standards for water quality. 2. The City shall continue cooperation with federal, state, and regional agencies in the management of Tigard's water resources and the implementation of plans and programs. The City shall encourage the use of low impact development practices that reduce stormwater impacts from new and existing development. 4. The City shall protect, restore, and enhance, to the extent practical, the natural functions of stream corridors, trees, and water resources for their positive contribution to water quality. 5. The City shall implement measures to minimize erosion and storm run-off from development sites during and after construction. 6. The City shall continue to collaborate on educating the public of techniques and practices private individuals, commercial businesses, and industrial operators can employ to help correct water quality issues. 7. The City shall investigate and use, to the extent practical,green street concepts new streets, or retrofit existing streets and other measures that limit the community's effective impervious area. 8. The City shall lead by example and develop green concepts for stormwater management at Energy Conservation Planning Commission Hearing 5 CPA2007-00001 • EXHIBIT A City facilities. 9. The City shall encourage the Oregon Department of Transportation and Washington County to improve the quality of stormwater run-off from their facilities. 10. The City shall continue to facilitate the extension of the City's wastewater system to neighborhoods without service within the Tigard Urban Service Area, provided: A. Properties benefiting from the extension pay their fair share of the cost; and B. Annexation occurs prior to any property receiving service. Recommended Action Measures i. Research and implement incentives that encourage development to minimize impervious surface coverage. ii. Continue to implement the CWS Healthy Streams Plan. iii. Work with the Tree Board to develop an urban tree management and preservation program that increases the canopy cover in Tigard. iv. Continue to inventory outfalls from non-treated stormwater systems and identify alternatives for improving the water quality released from them. v. Purchase properties located within the 100-year floodplain and develop a management plan that will allow for their natural function in removing pollutants from the stream system. vi. Research putting the City of Tigard as a co holder with CWS on the NPDES permits. vii. Develop baseline measures of effectiveness to ensure erosion control measures are working during the construction phase. viii.Research the feasibility of a grant program that would provide funds to organizations to develop educational programs. ix. Research the need and feasibility of public restrooms to provide sanitary facilities for the City's homeless population. x. Install signage and doggie pooper bags to encourage the clean up of dog waste in public parks. xi. Evaluate the City's street cleaning practices to ensure they are performing up to their intended results. xii. Research the feasibility of a commercial parking lot cleaning program and incentives for new development and retrofits to use green concepts during parking lot construction. xiii. Educate the public about effects of flushing pharmaceuticals and develop a program to collect and properly dispose of them so they do not reach and contaminate our streams. Energy Conservation Planning Commission Hearing 6 CPA2007-00001 • • EXHIBIT A Section 3: Land Resources Quality Modern life inevitably leads to the production of waste. From the point in time when cities are first developed, and continuing throughout their occupancy, by-products of human activity must be collected and properly disposed of to protect the health of both people and the natural environment. To accomplish this, the state of Oregon and Metro has partnered to create laws, rules and programs to direct reduction and efficient removal of waste. The Oregon Department of Environmental Quality (DEQ) is responsible for with ensuring compliance with state rules and statutes. DEQ is also responsible for preparing the Oregon State Integrated Resource and Solid Waste Management Plan. Within the Portland Metropolitan Region, Metro has the responsibility for oversight and management of solid waste collection and disposal. This includes the responsibility to prepare and update the Regional Solid Waste Management Plan. The regional plan establishes the framework for coordinating most solid waste collection and disposal programs, directing waste reduction and recovery efforts, identifying roles and responsibilities, and fulfilling DEQ's requirement that the region have an overall waste reduction plan. The Regional Plan is also responsible for recommending ways to address the solid waste management impacts of future population and employment growth. Tigard participates in Metro's plan update process and implements the plan through the Washington County Cooperative, which includes a number of cities in Washington County. This regional collaboration is important to reducing the amount of waste generated and entering landfills.• At the local level, the City is responsible for regulating and managing solid waste and recycling collection services within the city limits, and reviewing collection rates and service standards. Garbage and recycling collection services are provided by private haulers who operate within established franchise boundaries. The City enters into franchise agreements with the private haulers for the removal of solid waste generated from residential, commercial, and industrial customers. Key Findings • Per capita generation of solid waste has increased annually by 3.2% over the last ten years in the Portland metropolitan region. • The region had a 59%waste reduction rate in 2005 and has set a target of 64%by 2009. • Tigard's residential recycling rate was 53.5%in 2005,while the commercial recycling rate was 22.7%. • Region-wide, there are significant opportunities for waste reduction improvements in the construction and business sectors. • Oregon DEQ regulates hazardous waste collection, disposal, and cleanup programs. DEQ also provides education and technical programs to reduce risks associated with hazardous wastes. • Metro maintains its own household hazardous waste recovery program in cooperation with DEQ. • The citizens of Tigard are concerned about population increases and the impact upon the community. Goal 6.3 Reduce the amount of solid waste entering landfills. Energy Conservation Planning Commission Hearing 7 CPA2007-00001 • • EXHIBIT A Policies 1. The City shall continue collaborating with federal, state, and regional agencies in the development and implementation of solid waste management plans and programs. 2. The City shall regulate and manage solid waste and recycling collection services through franchise agreements that: A. Ensure recycling opportunities are accessible to all households, businesses, and institutions; B. Implement waste reduction measures through prevention and recovery efforts; C. Remain cost effective and environmentally sensitive; and D. Comply with applicable plans, policies, and laws. 3. The City shall collaborate with the appropriate agencies to ensure proper permitting, collection, disposal, and cleanup of hazardous wastes. 4. The City shall use public education to promote: A. Opportunities for recycling, composting, and reuse; B. Reduction of household hazardous waste and its proper disposal; and C. Reduction of solid waste generated from construction and business activities. 5. The City shall reduce the amount of solid waste associated with municipal operations. Recommended Action Measures i. Find long-term partners and plan a yearly E-Waste Collection Event similar to the one in September 2006. ii. Start a composting program (including education) for City employees including the purchasing of compostable plates, utensils, and cups. iii. Research commercial and construction recycling programs that could be implemented in Tigard. iv. Develop and maintain a GIS database of DEQ hazardous waste permit sites and hazardous cleanup sites. v. Work with franchise haulers to adjust yard debris pick-up schedules to correspond with the demand during different seasons. vi. Research the possibility of expanding the number of items that can be recycled curbside. vii. Work with local businesses to act as collection points for household hazardous waste. For example, home centers would collect fluorescent light bulbs while paint stores would collect old, unused paint. viii.Support the creation of an Office of Sustainability in Washington County. Energy Conservation Planning Commission Hearing 8 CPA2007-00001 • • EXHIBIT A • 1. AIR, WATER AND LAND RESOURCES QUALITY This chapter addresses thc concerns expressed by Statcwidc Planning Goal#6 which is: "to maintain and improve the quality of the air, land and water resources of thc state." agencies dealing with some aspect of out environment. Nationally, there i3 a confusing array of Commission (EQC) are two agencies devoted to measurement, control and understanding of our environments. In addition, there are others that devote only a portion of their efforts to environmental qualities, provide technical assistance, grants and guidelines to local or regional agencies. jurisdictions, again with an impressive array of agencies and regulatory s fements--ply (Rev. Ord. 02 15) 1.1 AIR QUALITY Findings • Within the Tigard Planning Area there are no major point source air polluters. • The major source of air pollution in Tigard is automobile emissions. • The City of Tigard lies within the Portland Vancotwer Interstate Air Quality Maintenance Area (AQMA). This area is described in the draft State Implementation Plan (SIP) for air standards for ozone and is predicted to remain in nonattainment to at least 1987 unless Energy Conservation Planning Commission Hearing 9 CPA2007-00001 • • EXHIBIT A • In the Portland Van}c-ouvcr AQMA, air pallecien is monitored by and planning efforts :. ... - .-. : . -:-: - - rn .,, . . - -:. -- Environmental Quality (DEQ) - - : •: : O - . . •• ..•. .. . POLICY 1.1.1 THE CITY SHALL: a. MAINTAIN AND IMPROVE THE QUALITY OF TIC RD'S R • - _ . 11/ • •. - - - (AQMA). b. WHERE APPLICABLE, REQUIRE A STATEMENT FROM THE BE MET,PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL. . • • " - A - - '. . _- ' - . • - - D - a -. ! :!! _a • HAVINC THE POTENTIAL TO AFFECT AIR QUALITY. 1. The City shall coordinate with Metro-and DEQ to attain-and maintain the air quality goal deseribed in the State Implementation Plan (SIP). 2. The City shall continue to utilize expertise available at the Department :4'4 0 " . . ! .. . : -. 4- Energy Energy Conservation Planning Commission Hearing 10 CPA2007-00001 S EXHIBIT A Comprehensive Land Use Plans" when planning any development activities having the '1. The City shall make every effort to design municipal streets and roadways and to establish 5. The City shall consult and coordinate with the Oregon Department of Environment sus 6. The City shall aim to reduce the quantity of vehicle emissions by pursuing an energy efficient urban form which reduces the number of vehicle miles traveled, and by encouraging the use (Rev. Ord. 02 15) /1.2 WATER QUALITY Findings • The quality of Tigard's surface waters are fait, inasmuch as the waters are not used for • No major point source water polluters threaten local creeks. a Some infiltration problems exist in the sewage systems. • Reduction of open space, removal of vegetation cover, and development which increases the amount of impervious surface all contribute significantly to increases in the peak flows of • Offsetting measures can reduce the negative effects of urban development on water quality and quantity problems. Examples include on site retention/ detention of storm water, inclusion of landscape buffer areas adjacent to new development and conservation and • Clean Water Services (CWS) is the lead agency for water quality management within W • Manual. (Rev. Ord. 02 15) • POLICIES Energy Conservation Planning Commission Hearing 11 CPA2007-00001 • • EXHIBIT A 1.2.1 ALL DEVELOPMENT WITHIN THE TID URBAN PLANNING AREA SHALL COMPLY WITH APPLICABLE FEDERAL., STATE AND REGIONAL WATER QUALITY STANDARDS, INCLUDING THOSE CONTAINED IN THE CLEAN WATER SERVICES' DESIGN AND CONSTRUCTION MANUAL. (Rev. Ord. 02 15) 1.2.2 THE CITY SHALL RECOGNIZE AND ASSUME ITS RESPONSIBILITY FOR OPERATING, PLANNING, AND REGULATING WASTEWATER SYSTEMS AS DESIGNATED IN METRO'S WASTE TREATMENT MANAGEMENT COMPONENT. (Rev. Ord. 02 15) IMPLEMENTATION STRATEGIES 1. In order to improve the water quality and quantity in the Tigard Area, the City shall consider developing regulations in the Tigard Community Development Code or instituting programs a. Increase public awareness of techniques and practices private individuals can employ to c. Regulate site planning for new development and construction through the Tigard Community Development Codc to bcttcr control drainages and erosion and to manage storm runoff; d. Incrcasc storage and retention of storm rurre€f to-lewer and delay peak storm flows; c. Reduce street related water quality and quantity problems; and f. Increase public awareness concerning the use and disposal of toxic substances. 2. The City shall not permit industrial er ether uses which violate State of Oregon water quality diseharge-standards, 3. The City shall cooperate with the Metro and other appropriate agencies to establish practices 1. The City shall require that new developments obtain a Stormwater Connection permit from Clean Water Services and be connected to the City's or the Clean Water Services sanitary sewerage systems. 4.3 NOISE POLLUTION Findings Energy Conservation Planning Commission Hearing 12 CPA2007-00001 • • EXHIBIT A Hwy. 217 and Hall Boulevard. .- . . . . , - - - : : Y- " -- - - .. . : POLICY 4.3.1 THE CITY SHALL: a. REQUIRE DEVELOPMEN-T PROPOSALS LOCATED IN A NOISE CONGESTED AREA OR A USE WHICH CREATES NOISE IN EXCESS OF THE APPLICABLE STANDARDS TO INCORPORATE THE FOLLOWING INTO TI IEEE PLAN: 1. BUILDING PLACEMEN e •• - - • • • ' - • ••THE NOISE LEVELS WILL HAVE A MINIMAL IMPACT; OR 2. LANDSCAPING AND OTI INIQUES TO LESSEN NOISE LAND USES. b. COORDINATE WITH- DEQ IN ITS NOISE REGULATION PROGRAM • I c. WHERE APPLICABLE REQUIRE A STATEMENT FROM THE /111 . . • • . . ■•• • _ _ PROPOSAL) THAT ALL APPLICABLE STANDARDS CAN BE MET. .0 _ . _ • • • •D. N_ - 2. The Tigard Community Dcvcleprncftt Cede shall cnttr-c that new =anrn -.11, industrial and Energy Conservation Planning Commission Hearing 13 CPA2007-00001 • • EXHIBIT A public developments arc landscaped and designed such that Department of Environmental e - -•-- . -- -- " - -- -- -- - " - - • negatively impacted by the new land use er asseciated-activities. This shall be accompli3hcd 3. The City shall seek a respon3c and/or -• - ' - - a-- - `-i; .-- - - - - - :- -- -- - Quality (DEQ) when reviewing commercial or industrial uses in or near re3idential areas to 1A LAND RESOURCES Findings • Normal human activity and economic preeesses in Tigard contribute to the quantity of di3po3al in the metropolitan area. • Although MSD has the authority ever solid waste - : :: -, _ - . • - -- - :- POLICIES 11.1.1 THE CITY SHALL MAINTAIN AND IMPROVE, IF POSSIBLE, THE CURRENT QUALITY OF TIGARD'S LAND RESOURCES. 4.1.2 THE CITY SHALL RECOGNIZE MSD'S RESPONSIBILITY AND AUTHORITY TO PREPARE AND IMPLEMENT A SOLID WASTE MANAGEMENT PLAN. IMPLEMENTATION STRATEGIES 1. The City shall actively participate with the Metropolitan Service District (MSD)—and—the Department of Environmental Quality (DEQ),in the solid wa3te site selection process. a. Depth to water table; b. Soil conditions; Energy Conservation Planning Commission Hearing 14 CPA2007-00001 • • EXHIBIT A Parks, Recreation, Trails, and Open Space Access to parks, recreation, trails, and open space enhances the livability of a community and contributes to the well-being of its residents. These amenities provide a variety of opportunities for residents and visitors to enjoy both active and passive activities, while also helping to preserve open space, wildlife habitat, and natural resources. Parks may also serve as informal meeting places to draw people together and create a sense of place. These public lands and facilities are highly appreciated by Tigard's residents and the City is committed to their adequate provision. Statewide Planning Goal 8 requires Oregon jurisdictions to plan for recreational needs, and this becomes especially important as the City begins to approach full development. Goal 8: Recreational Needs `To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of recreational facilities including destination resorts." The community envisions a future where a wide variety of recreational opportunities is available through a diverse system of parks, trails, and open spaces. This system would be distributed throughout the community and easily accessible from all neighborhoods. It includes not only developed parks, but open spaces to protect natural resources that the community holds in high regard. The citizens also realize that simply planning for and providing the opportunities is not enough, but funding must be secured to properly manage and maintain the system. The Tigard park system currently includes 169 acres of City parkland and 182 acres of greenway and other preservation-oriented sites. These figures equate to 3.7 acres of developed area and 4.0 acres of natural area per thousand residents. Most of this park and greenway land is located within the floodplain. In addition to parks and open spaces, Tigard has developed a successful trail program, consisting of 9 miles of completed trails. These trails provide both recreation opportunities and transportation links throughout the community. A major source of parkland acquisition and development funds has come from the park System Development Charge (SDC) on new development, first imposed in 1977. The City does not sponsor a recreation program and is not served by a special park and recreation district. The Tigard Park System Master Plan covers the city proper and the unincorporated Urban Services Area. Subsequent to the master plan's adoption in 1999, the Parks,Recreation,Trails,and Open Space Planning Commission Hearing 1 CPA2007-00001 • • EXHIBIT A City added 19.3 acres of parkland and 24.1 acres of greenway. Because of population increases during the same period, the City's existing level of service to 2006 held steady at 7.7 acres of public parks and open space per thousand population. Key Findings • The system of adding parks and related land and facilities in the City has kept up with growth in the seven years since the Park System Master Plan's adoption in 1999 (7.7 acres/1000 residents), but has not achieved the Plan's aspirational standard. • Many areas of the City are park deficient. • The land supply available for parks and open space is becoming smaller and more expensive. • Given the level of development in Tigard, sufficient land for neighborhood parks is unavailable to meet the needs of underserved residential and non-residential areas. • Many non-City-owned lands and facilities serve the park and leisure needs of Tigard residents. • The City lacks a trail master plan to guide the development of the trail system and facilitate progress toward its completion. • The City has regulations in place that effectively provide for block links and pedestrian connections in new neighborhoods. However, there are significant gaps in the off-street pedestrian system within older neighborhoods. • Citizen groups have identified a trail route within Northeast Tigard that includes on and off street segments to connect with the City of Portland-adopted SW Communities trail network. Citizens have proposed that this route be considered for adoption into the Tigard trail plan. • The trail officially identified by Tigard as the Powerline Trail is a segment of a larger inter-jurisdictional trail formally identified as the "Westside Trail" in the Metro Regional Trails Map. • The City does not operate a recreation program and is not served by a special park and recreation district. Consequently, Tigard residents have limited opportunities to participate in recreation programs. • Overall, City parklands are well maintained. Maintenance problems identified in the 1999 Tigard Park System Master Plan have been, or are being, addressed. • The new Park SDC methodology sets a per-project percentage limit on the use of SDC funds. Some 63% of the cost of park improvements is assigned to non-SDC funding sources. At this time, the City does not have a stable source of revenue that can be used Parks,Recreation,Trails,and Open Space Planning Commission Hearing 2 CPA2007-00001 • • • EXHIBIT A as the companion funding source for capital projects. • Many of the projects identified in the Parks SDC parks capacity program are located in the Bull Mt Urban Services Area and not within the City limits. • Tigard does not have a parks foundation. Such foundations provide local governments with important additional programs to finance park and open space projects. • The City has been proactive in working with the Tigard Water District for the use of reservoir properties for open space. Partnership plans with the school district for the renovation and joint use of school playgrounds to meet neighborhood park needs have not been developed. • Volunteers annually contribute thousands of hours to Tigard's park system and are a non-monetary funding source for park maintenance and improvements. • In recent years, the City has developed and employed innovative methods to create more active park acreage to serve community needs. This has included making use of a state infrastructure loan program to expand Cook Park and making certain types of industrially zoned properties available for park uses. • The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. • The citizens of Tigard value access to neighborhood parks and open space within a half mile of their homes. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • The citizen's of Tigard are concerned about the lack of a public recreation program and the lack of an adequate number of parks in the community. Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents, including both: A. Developed areas with facilities for active recreation;and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policies 1. Tigard shall acquire, develop, and maintain a diverse system of parks, trails, open space, and recreational facilities that are safe, functional, and accessible to all of its population. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 3 CPA2007-00001 • • EXHIBIT A 2. The City shall acquire and, where appropriate, improve natural areas located within a mile of every Tigard resident to provide passive recreational opportunities. 3. The City shall seek to achieve or exceed the ideal park service level standard of 11.0 acres of parkland per thousand population. 4. The City shall develop neighborhood parks [or neighborhood park facilities within other parks, such as a linear park] located within a half mile of every resident to provide access to active and passive recreation opportunities for residents of all ages. 5. The City shall develop other parks, including linear parks, special use facilities, urban plazas, skate parks, and pet areas, consistent with the descriptions and standards contained in the park system master plan. 6. The City shall acquire and manage some open spaces to solely provide protection of natural resources and other open spaces to additionally provide nature-oriented outdoor recreation and trail-related activities. 7. The City shall ensure public safety is a major consideration in the planning, design, and management of parks,open spaces and trails. 8. The City shall enforce park rules, especially against loitering, harassment, and camping, and work to identify long term solutions to these three on-going park use problems. 9. The City shall integrate green concepts into park and open space design, maintenance, and operations. 10. In addition to standing committees, such as the Park and Recreation Advisory Board and the Tree Board, the City shall involve its residents and businesses as active participants and partners in all aspects of providing park and recreational services, including park system master planning and City comprehensive planning efforts. 11. The City shall ensure that the community at large is adequately informed of recreation opportunities and programs; issues affecting the parks, opcn apace and recreation system park, open space. and recreation services; and volunteer opportunities. 12. The City shall, either directly or in coordination with other stakeholders and agencies, seek opportunities to acquire public open space. service recreational program. Staff Commentary: Concerns have been raised that this policy is premature because the City must first assess the need, willingness, and ability of the community to pay for recreation services and related facilities. This is a fiscal issue that must be addressed prior to making policy. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 4 CPA2007-00001 • • EXHIBIT A 14. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize funding and facility resources and improve park and recreational opportunities. 15. When considering acquisition of new parkland and open space, the City shall identify funding for required maintenance and public safety activities. 16. The City shall require all development to pay a parks system development charge or to dedicate land in lieu of a park system development charge. 17. The City shall ensure that any land dedicated to the City in lieu of a parks system development charge meets the needs, goals, and objectives identified in the Comprehensive Plan and Parka Syatcm Master Plan and has been evaluated . - ...- . . - = - . . . . . - per comprehensive plan policy (# 24) governing land donations. Staff Commentary: Eliminates the duplicate reference to the Park System Master Plan contained in this proposed policy and in Policy 24. 18. The City shall continue to encourage and recognize the important role of volunteers and community groups in meeting City park, trail, open space, and recreation needs and in building stewardship and promoting community pride. 19. The City shall maintain and manage its parks and open space resources in ways that preserve, protect, and restore Tigard's natural resources, including rare or state and federally listed species, and provide nature in the city opportunities. 20. The City shall provide funding for a high level of park, open space, and recreational facility maintenance. 21. The City shall work with all elements of the community to provide and manage a fully functional urban forest. 22. The City shall seek the assistance of volunteer groups and other community partners to help in maintaining parks, trails, and open space. 23. The City shall continue to improve access to neighborhood parks and other facilities according to the City's Americans with Disabilities Act plan. 24. Acceptance of any land donated for park purposes shall be based upon its usefulness and adaptability to the Park System Master Plan. The following shall be taken into consideration when making a decision regarding the acceptance of a proposed property donation: A. The property's location within the City's proposed greenway system; B. Its location bordering an existing park or greenway; C. The degree to which the property meets the "site selection criteria" for the facility type corresponding to its intended use as listed in the Park System Master Plan; Parks,Recreation,Trails,and Open Space Planning Commission Hearing 5 CPA2007-00001 • • EXHIBIT A D. The occurrence within the property of unique or significant natural or cultural resources; E. The condition of the property and the City's liability for any potential problems or maintenance needs associated with its condition; F. If landlocked, or enclosed within non-city owned land, the right of entry or public passage through the non-city owned land; and G. The existing owner's awareness and acknowledgement that the control over public access passes to the City and its officers with the donation. 25. City-owned property may be used for private wetlands mitigation. The City will consider proposals for such mitigation on a case by case basis, subject to the following [a-d are contained in Resolution 96-42]: A. It can be demonstrated that there is benefit to the City and the general public; B. The mitigation must provide a documented physical enhancement of existing wetland; C. The City should be compensated for the use of the area either through rent, lump sum payment, benefit to the City, or as agreed to by the City Council; D. The wetland mitigation should demonstrate no additional cost to the City for maintenance or other factors, unless acceptable to the City Council [Res 96 X12]; and E. Should the City consent to the private use of City-owned property, the applicant shall obtain a City Sensitive land permit and all other necessary permits and approvals for the proposed work. The required joint state/federal wetlands application shall explicitly state that the City is not a party to the permit and enforcement of the permit will be directed solely against the developer. 26. Public notice (in the form of on-site signage, a City webpage posting, and mailings to every party requesting such notice) shall be provided in the case of any proposed City sponsored wetland mitigation on City owned property where no sensitive lands permit is required. Recommended Action Measures i. Regularly update the Parks System Master Plan (every 5 to 10 years) to ensure it continues to address the changing needs of the City. Update sections of the document more frequently with an amendment or other Parks,Recreation,Trails,and Open Space Planning Commission Hearing 6 CPA2007-00001 • • EXHIBIT A process to reflect the results of major policy or planning initiatives. ii. Develop master plans for each park that: identify the locations and types of development that will occur in the park, preserve natural areas, and ensure development that promotes safe and aesthetically pleasing environments. iii. Consider and respond to Tigard's social and demographic characteristics, including its cultural diversity, when planning for and investing in park improvements. iv. Consider the development of a partnership plan with the school district for the renovation and joint use of school grounds in park deficient areas to meet neighborhood park needs. v. Coordinate with and support Metro, Oregon State Parks, the National Park Service and other agencies and that provide parks, open spaces, and recreational activities in or near Tigard. vi. Promote a safe environment in the City's parks and open spaces through on- going contact and coordination with public safety officials. vii. Consider the development of a marketing and communication plan to inform the public about the value of parks and the recreational services they provide. viii. Develop and distribute maps and brochures to educate users about the park and open space system and promote appropriate use. ix. Revise and update the Park System Development Charge (SDC) Methodology to reflect current land and development costs and to consider: A. The development of a dependable, long term funding source or sources that can be used to provide the 63% in overall project costs assigned to non-SDC funding sources in the SDC study's capital improvement program; Staff Commentary: The deleted percentage could vary over the years as the City invests in parks. B. Adjustments to the extraterritorial (Urban Growth Area) improvement projects identified in the SDC capital improvement program;and C. Adjustments to the SDC fee structure that reflects realistic non-SDC revenue expectations. x. Consider seeking voter approval, as carly as November 2008 and no later - - - - - = - - : .: :: - . - : - -- - . Staff Commentary: The issue of placing a general obligation bond or other funding measure on the ballot should be determined by Council through a public process before a policy direction is established. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 7 CPA2007-00001 • • EXHIBIT A xi. When feasible, utilize alternative methods to acquire and develop open space, parks, and trails, including local improvement districts, purchase of easements and development rights, life estates, etc. xii. Work to increase grants and donations from new sources for operating and capital funding. xiii. Consider the establishment of a parks foundation to assist with fund raising, and acquisition, and special projects. xiv. Explore additional ways to acknowledge and recognize sponsors and donors. xv. Continue to use park reservation fee schedules that provide cost recovery balanced against needed services. Provide services to City residents at lower costs than to non-residents. xvi. Continue efforts to involve the public in the allocation of and request for funds. xvii. Identify funding for required maintenance and management activities when considering acquisition of new parkland and open space.[moved here] xviii. Where applicable, take into consideration the costs of pubic safety services when considering acquisition of new parkland and open space. [moved here] xix. Consider seeking voter approval, as early as November 2008, for a local tax facilities, sports ficld3, tennis and ba3ketball court3, etc.; and to finance a full ocalc recreation program [moved here]] Staff Commentary: The issue of placing a local tax levy or other funding measure on the ballot should be determined by Council through a public process before a policy direction is established. xx. In the absence of a local tax level or other special funding mechanism to finance a full scale recreation .ro• am .rovide fundin■ for a minimal level of recreation program opportunities. Staff Commentary: The same comments as stated elsewhere regarding recreation program funding apply to this proposed action measure. .-. : . .- - • ':: - . - : a . - •-. : - - . Staff Commentary: The same comments as stated elsewhere regarding recreation program funding apply to this proposed action measure. xxii. Within or outside the established Social Scrvicc3 and Community Events •a. . :: - - • ::: .- . . : . Staff Commentary: This Parks,Recreation,Trails,and Open Space Planning Commission Hearing 8 CPA2007-00001 • • EXHIBIT A proposed action measure commits the City to the financial support of particular private non-profit recreation groups. A decision to support such groups should be part of the overall formulation of a policy regarding the establishment of a recreation program or the annual budget process. Alternative language is proposed below. xxiii. Financially assist, when able, youth sports leagues and other non-profit recreation providers xxiv. When feasible and appropriate, make parks, trails, and open spaces universally accessible by as many people as possible. xxv. Provide public access to public open space in ways that protect and preserve sensitive natural resources. xxvi. Continue to seek the assistance of volunteer groups to help in developing and maintaining parks, trails, and open spaces. xxvii. Create volunteer opportunities and support those who want to participate in making ideas,projects, and events happen in their neighborhood parks. xxviii. Develop and apply administrative policies and procedures for use of volunteer resources. xxix. Continue to develop and implement specific management plans and maintenance programs for the high level maintenance of all of the City's park and open space lands. xxx. Seek opportunities to introduce more environmentally-friendly, science- based practices, including measures to increase re-use and recycling programs, on-site filtration, integrated pest management, and other Best best management practices. xxxi. Develop and implement an urban forestry program to improve the condition of Tigard's urban forest through effective management decisions. xxxii. ' - - . . - : :: : -, include natural resources studies and monitoring in the City's management of public open spaces and related natural resources. xxxiii. Remove and control non-native plants, including noxious weeds, in natural areas, • - - - . . - . . . : : . xxx7e. Identify funding for required maintenance and management activities when -•. -- . . .. ::- : - - :. .. : . -: :: - . moved to above] xxxv. Where applicable, take into consideration the costa of pubic safety services - - : ... _ . a .. :: . .. :. .. - : . -_ .: .. -.[moved to above] xxxvi. Inform the public about maintenance and management requirements for the Parks,Recreation,Trails,and Open Space Planning Commission Hearing 9 CPA2007-00001 • • EXHIBIT A • City's various types of parks, recreation facilities, trails, and open spaces, as for example by posting maintenance plans on the City webpage. Goal 8.2 Create a Citywide network of interconnected on- and off-road pedestrian and bicycle trails. Policies 1. The City shall create an interconnected regional and local system of on- and off-road trails and paths that link together neighborhoods, parks, open spaces, major urban activity centers, and regional recreational opportunities. 2. The City shall design and build greenway trails and paths to minimize their impact on the environment, including on rare and state and federally listed species. Recommended Action Measures i. Complete a trail system master plan to guide the development of the trail system and facilitate progress toward its completion. ii. Complete a Citywide inventory and prioritization of opportunities for short pathway connections that increase bicycle and pedestrian connectivity and complement the greenway and on-street bicycle/pedestrian systems. iii. Develop trail standards for the many trail systems, sizes, and materials needed in different settings. iv. Add to the park system master plan map: a. The Tigard portions of two "regionally significant" trails (the Westside Trail (formerly, the Powerline Trail) and the Washington Square Loop Trail); and b. The on- and off-street route identified by the citizen groups that connects the Washington Square Loop Trail with the Portland Urban Trail Number 5, which ends at SW Dickinson and SW 65th. v. Coordinate trail development and maintenance activities with natural resource management objectives and activities. vi. As needed Where appropriate, furnish trails with amenities, such as interpretive and directional signage, benches, drinking fountains, parking and staging areas, and other services. vii. If adequate resources arc available, Use automated systems to systematically map and document trail easements, right-of-way dedications, proposed alignments, and current trail locations. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 10 CPA2007-00001 • • EXHIBIT A Goal 8.3 Develop full-service recreational facilities and establish a comprehensive recreation program, providing a wide range of recreational, cultural, and educational activities. Policies facilities (that may include recreation ecrrters, aquatic facilities, sports fielda, tcnnia and basketball courts, etc.) in various locations throughout the City. Staff Commentary: The issue of establishing a recreation program and its scale and financing should be determined by Council through a public process before a policy direction is established. The goal is to provide one. When and how is a Council/community decision. Revised language is provided below. 2. The City shall work with the community to assess the need for a recreation program and identify potential funding for its establishment and operation. Recommended Action Measures i. Consider seeking voter approval, as early as November 2008, for a local aquatic facilities, sports fields, tennis and basketball courts, etc.; and it Develop an information program to raise the public's awareness of the importance of recreational facilities and programs to public well-being and community livability. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 11 CPA2007-00001 • • EXHIBIT A 3.5 PARKS,RECREATION AND OPEN SPACE Findings • Many of the Tigard School District sites provide recreational nccd3 not found within many of Tigard's parka. or-lands_arc 3. • A properly planned and managed sy • -- :: - : - . -- . .. . . . - rcducc the impact of urbanization and serve the leisure and aesthetic nccd3 of all residents. The system needs to recognize the rclap bctwccn urban uses and the natural character of the land and drainagcways: • The community has indicated a desire for open space linkages which follow scenic routes and connect parks, schools, playgrounds, shopping arca3, other public 3itc3 and • The City nccd3 to develop an adequate system of open space, recreation lands and • In the process of planning for a park and recreation system, it is necessary to classify the individual components such as neighborhood-parks and the grecnway which will or could comprise the park system. In addition, the establishment of a reasonable levels of service to be provided. The actu. • :: -- : . - . .:. - rclating the provision of facilities and services to the particular nccd3 and recreation desires of the resident3 to be served. POLICIES 3.5.1 THE CITY SHALL ENCOURAGE PRIVATE ENTERPRISE AND INTERGOVERNMENTAL AGREEMENTS WHICH WILL PROVIDE FOR OPEN SPACE, RECREATION LANDS, FACILITIES, AND PRESERVE NATURAL, SCENIC AND HISTORIC AREAS IN A MANNER CONSISTENT WITH THE AVAILABILITY OF RESOURCES. 3.5.2 THE CITY SHALL COORDINATE WITH THE SCHOOL DISTRICTS TO DEVELOP REGREATIONAL FACILITIES. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 12 CPA2007-00001 • • EXHIBIT A 3.5.3 THE CITY HAS DESIGNATED THE 100 YEAR FLOODPLAIN OF FANNO CREEK, ITS TRIBUTARIES, AND THE TUALATIN RIVER AS CREENWAY, WHICH WILL BE THE BACKBONE OF THE OPEN SPACE SYSTEM. WHERE LANDFILL AND/OR DEVELOPMENT ARE ALLOWED WITHIN OR ADJACENT TO THE 100 YEAR FLOODPLAIN, THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF SUFFICIENT OPEN LAND AREA FOR GREENWAY ADJOINING AND WITHIN THE FLOODPLAIN. 3.5.1 THE CITY SHALL PROVIDE AN INTERCONNECTED PEDESTRIAN/ . BIKEPATHTH' s _ - e _ (Rcv. Ord. 98 19; Ord. 87 66; Ord. 81 36) 1. The Tigard Community Development Codc shall require land divisions and major developments to set aside, dedicate land, or pay a fec in lieu of land aside based on a. An arca composed of developable lands which may provide active recreation space;and b. Adequate pa3sive open space to protect natural resources at the site and protect development form hazard areas. 2. The City shall permit land which is set aside within developments to remain in private a. Portion3 arc sufficiently improved and maintained to offer active recreation opportunities; b. They do not interfere with the continuity of or access to adjacent grccnway lands;and c. Easements transferring development rights-arc dedicated to the public. reservation. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 13 CPA2007-00001 • • EXHIBIT A 5. Opcn spacc and greenway3 shall be used to cnhancc the accessibility to schools and 6. Park classifications and standards shall be adeptcd and a program developed for needs of the local residents. 7. Streets and drainagcway3 shall be combined with a parkway or grccnway concept to economic activity. 9. Master plans for each park shall be developed. These plans shall identify facilities for each park and ensure development which promotes safe and aesthetically pleasing traffic and other negative aspects of urban life. 10. The City shall continue to implement the adopted bike plan by requiring development adjacent to the Creenway to construct their portion of the bikepath system. 11. To augment the scenic benefit of the grecnway, the City shall establish the major vehicular transportation routes as scenic or visual cerridors. The Park Board should 3.6 PARK STANDARDS Findings • .i . -. greenway, and 1.71 miles of greenway trails. • There arc adopted plans for eight of the nine City parka. • Although Schcckla Park has not been accepted by the Park Board, the land was dedicated to the City for park purposes. • Duc to recent cut backs in revenues to .- - • - • - . . . . - . . . .. . • - • The City's Park System Development Charge is acquired through new development Parks,Recreation,Trails,and Open Space Planning Commission Hearing 14 CPA2007-00001 • • EXHIBIT A • POLICIES 3.6.1 INDIVIDUAL PARK SITES, AS DEFINED BY THE PARKS AND OPEN . DEVELOPED ACCORDING TO THE FOLLOWING PRIORITIES: a. FACILITIES WITHIN A PARK WILL BE ADJUSTED TO MEET THE NEEDS AND DESIRES OF THE PARK SYSTEM DEVELOPMENT CHARGE (SDC) DISTRICT RESIDENTS AND THE CHARACTERISTICS OF THE SITE. PARK AND/OR RECREATIONAL FACILITIES IN GREATEST DEMAND AND LEAST SUPPLY SHOULD RECEIVE THE HIGHEST DEVELOPMENT PRIORITIES. b. PARKS SHOULD BE PLANNED TO ENSURE MAXIMUM BENEFIT TO THE GREATEST NUMBER OF LOCAL RESIDENTS. FOR THIS REASON, ACQUISITION AND DEVELOPMENT OF COMMUNITY - - • • - GIVEN THE HIGHEST PRIORITY. c. DEVELOPMENT OF ADDITIONAL NEIGHBORHOOD PARKS WILL HAVE A LOWER PRIORITY FOR PUBLIC FUNDING AND ARE ENCOURAGED TO BE PROVIDED BY THE PRIVATE SECTOR WITHIN PLANNED UNIT DEVELOPMENTS AND MAINTAINED BY HOMEOWNERS ASSOCIATIONS. d. NEW MINI PARKS HAVE THE LOWEST DEVELOPMENT PRIORITY AND SHOULD BE SUPPLIED AT THE DEVELOPER'S . . • . • _ .. .' - .. _ • . - . • • _ .. \ • . . • • Y_ \ • I • ! . - - - DEVELOPMENT PROCESS. c. PROVISION OF REGIONAL PARK FACILITIES WILL ONLY BE CONSIDERED AS AN INTERJURISDICTIONAL PROJECT, AND SHOULD HAVE A LOW PRIORITY UNLESS UNUSUAL CIRCUMSTANCES ARISE. f. ACCEPTANCE OF ANY LAND DEDICATED FOR PARK Parks,Recreation,Trails,and Open Space Planning Commission Hearing 15 CPA2007-00001 • • EXHIBIT A PURPOSES SHALL BE BASED UPON ITS USEFULNESS AND ADAPTABILITY TO THE ADOPTED PARK AND OPEN SPACE SYSTEM. 3.6.2 THE CITY SHALL COORDINATE WITH OTHER PUBLIC, PRIVATE IN ORDER TO FACILITATE THE IMPLEMENTATION OF THE CITY'S ADOPTED PARK PLANS. IMPLEMENTATION STRATEGIES 1. The City shall continue to seek revenue sourc-- : ' ' - - -- - -- : - - - - thc adoptcd park plans. The adopted park plans arc: Fanno Crcck Park, Cook Park, Woodard Park, Jack Park, Summcrlakc Park, Englewood Park, Liberty Park and Ye Old Windmill Park. 2. The City shall develop a "future park needs asses3ment" to determine the number of acres needed for future park u3es. The current park standards shall be used as a basis for this assessment. The future park needs assessment will specifically address 3. A3 a precondition to development, the City's Community Development Codc shall require the dedication of the grccnway and park land,if not already dedicated. �. The City shall continue to implement the adopted pedestrian/bikcpath pathway plans. . Parks,Recreation,Trails,and Open Space Planning Commission Hearing 16 CPA2007-00001 • • EXHIBIT A Energy Conservation Our way of life is powered by energy. From the construction process to home heating to • getting around the community, affordable and reliable energy sources are counted upon to sustain our needs. Energy also drives the economy and has a significant impact on the environment. These roles are important to consider when planning for future sources, distribution, conservation efforts, land use, transportation, and development patterns. The City's commitment to manage land use to conserve energy is based on Oregon Statewide Planning Goal 13. Goal 13: Energy Conservation `Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based on sound economic principles." Tigard residents envision a future where access to reliable energy supplies and their use do not degrade the environmental quality of the community. They recognize the importance of renewable energy resources for the economy, the value in conservation efforts, and the significance of land use and transportation planning on energy consumption. Public transportation and a well-connected bicycle and pedestrian network are services greatly supported by the community. The community also recognizes that the City can employ new techniques and technologies in municipal operations, as well as encouraging citizens to take a personal interest in energy consumption and conservation. The City of Tigard currently has no energy resources and no future plans to develop any generation or supply facilities. The Oregon Department of Energy (DOE) has taken the statewide lead by planning to ensure an adequate, affordable, and clean energy supply is available for Oregonians. The DOE produces the Oregon Enety Plan on a biennial basis. It assesses energy demand and supply in the state,identifies issues affecting energy, and presents an action plan to meet the goals of the plan. Energy conditions and future issues identified by the 2005-2007 Oregon Energy Plan include: • Unstable energy pricing and supply will continue to affect communities as it did in 2002 when Oregonians spent 50% more per unit of energy to heat their homes than in 1998. • World oil production may peak in the next decade and begin a long-term decline. Coupled with a growth in worldwide demand, peak oil will maintain or increase already high oil prices. • Natural gas supplies from North America are declining,while prices have doubled in the past five years. Worldwide competition for the gas is also expected to increase. To address these issues, the Oregon Energy Plan recommends conservation efforts for households, businesses,industry, and transportation, as well as developing clean and renewable energy resources. These efforts can provide insulation from, and reduce the community's vulnerability to,volatile pricing and supplies. They are also consistent with statewide planning Goal 13 for maximizing the conservation of all forms of energy. Building efficiency standards, the Leadership in Energy and Environmental Design (LEED) rating system, and weatherization programs are options for promoting energy conservation in buildings. Metro's Regional Transportation Plan (RTP) is required to address energy Energy Conservation Planning Commission Hearing 1 CPA2007-00001 • • EXHIBIT A conservation, efficiency, and alternative transportation options under state and federal law. Options include driving less, buying fuel-efficient vehicles, or using alternative fuels. Tigard has the ability to affect energy conservation efforts through developing efficient land use and transportation plans that reduce automobile trips. This includes promoting compact mixed use communities, and transit use and development. The City can lead by example in utilizing alternative energies and becoming more energy efficient in municipal operations. Tigard can also challenge residents to reach energy conservation goals set by the community. Key Findings • Transportation is the largest use of energy in the state at 38%. A considerable reduction in energy use can be made with individuals altering their habits related to the use of motor vehicles. • The City has no energy generation or supply facilities and therefore the community's energy supply and pricing is controlled by forces beyond its direct influence. • A number of alternative fuel options exist for motor vehicles,but supplies and availability are limited. • Large energy uses which the City has control over include street lighting, water transfer pumps, heating and cooling of municipal buildings, and the motor vehicle pool. • Solar-generated power and wood heating are the two most common options available to the community for producing their own energy. Wood heating can be problematic to air quality due to the release of fine particulate matter. • Weatherization, energy efficient building materials and appliances, and alternative energy sources can all reduce energy consumption in buildings. • The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. • The citizens of Tigard value access to bus service in the community. • The following land use planning strategies can result in a more energy-efficient community: • Establishing mixed-use zones to encourage working,living, and shopping in the same neighborhood • Providing opportunities for increased density along public transit lines • Developing a public transit system that is reliable, connected, and efficient • Building a bicycle and pedestrian network that is connected, safe, and accessible • Connecting streets for efficiency and reducing congestion • Re-use of vacant and underutilized land. Goal 13.1 Reduce energy consumption. Policies 1. The City shall promote the reduction of energy consumption associated with vehicle miles traveled through: A. Land use patterns that reduce dependency on the automobile; B. Public transit that is reliable, connected, and efficient; and Energy Conservation Planning Commission Hearing 2 CPA2007-00001 • • EXHIBIT A C. Bicycle and pedestrian infrastructure that is safe and well connected. 2. The City shall implement regional and state regulations,plans, and programs that promote energy conservation. 3. The City shall require future development to consider topography,vegetation,and solar access during the design phase to reduce demands for artificial heating, cooling, and lighting. 4. The City shall implement and enforce state energy efficiency standards during the building permit review process. 5. The City shall take a leadership role in local energy matters by: A. Designing and developing public facilities,wherever possible, that take advantage of alternative energy sources and conserve energy in operations; B. Conducting energy audits on existing City facilities and implementing cost- effective recommendations as soon as possible; C. Investigating and participating in,when feasible,green energy programs,which use renewable energy resources; and D. Continuing to investigate new technologies that can reduce municipal energy consumption. 6. The City shall support energy conservation by: A. Encouraging designs that incorporate Leadership in Energy and Environmental Design (LEED) standards or achieve a minimum certification; B. Educating the public about personal actions that can be taken to improve energy efficiency and reduce energy consumption; C. Directing the private sector to the variety of available incentives programs; and D. Providing flexibility in the land use process to take advantage of solar radiation. Recommended Action Measures i. Create a process that requires new development to consider topography, vegetation, and solar access during the design phase. ii. Develop target decreases for energy consumption associated with municipal operations. iii. Purchase a percentage of Green Energy for municipal operations and then challenge the community to do the same. iv. Research and implement incentives and development codes that would encourage energy efficiency in new developments. v. Survey the community about energy consumption and identify top concerns that could be addressed through conservation incentives. Energy Conservation Planning Commission Hearing 3 CPA2007-00001 • • EXHIBIT A 9. ENERGY Statewide Planning Coal 1/13, provide the community with a comprehensive energy program. However, the decreases. The increasing cost of energy combined with the fact that most the local economy. initial energy source that the community should explore. They-do so based on the fact that conservation i3 the cheapest energy source, most readily available, least environmentally detrimental and most influenced by local policy. Energy." Findings • Transportation and residential uses account for approximately half of the total energy • The City of Tigard has no developed energy sources. • Conservation of energy at the local level is best achieved through pregrams-aiened-ar u3C3 as a whole and encouraging alternative energy u3c3. • All forma of non renewable energy sources-used today arc finite and the-coat of these sources has increased as the Supply has decreased. • Main transit systems can have a positive influence upon energy consumption but • The availability of cheap energy in-the pant has resulted in Energy Conservation Planning Commission Hearing 4 CPA2007-00001 • EXHIBIT A 3tructurc3. • Small scale wind generating devices may be a viable alternative energy source for Tigard residences. in the Portland Arca. POLICIES 9.1.1 THE CITY SHALL ENCOURAGE A REDUCTION IN ENERGY CONSUMPTION BY INCREASED OPPORTUNITIES FOR ENERGY CONSERVATION AND THE PRODUCTION OF ENERGY FROM ALTERNATIVE SOURCES. 9.1.2 THE CITY SHALL ESTABLISH A BALANCED AND EFFICIENT TRANSPORTATION SYSTEM WHICH 0• ' - • - • . - - -.• • USE PLAN AND IS DESIGNED TO MINIMIZE ENERGY IMPACTS. 9.1.3 THE CITY SHALL ENCOURAGE LAND USE DEVELOPMENT WHICH EMPHASIZES SOUND ENERGY CONSERVATION, DESIGN AND CONSTRUCTION. 1. The City shall encourage public and private programs that offer weatherization and energy conservation programs, e.g., tax credits, low interest weatherization loans, etc. 3. The City shall locate higher densities and intensities of land use in proximity to �. The City Shall, in the Tigard Community Development Codc, allow for more flexibility 6. The City shall cooperate with both public and private agencies that make use of site 7. The Tigard Community Development Codc shall allow for mixed use developments 9. Locational criteria shall be established to minimize vehicular travel in order to Energy Conservation Planning Commission Hearing 5 CPA2007-00001 • EXHIBIT A c. Impacts upon drainage; d. Watcr quality dcgradation or similar problems. 3. The City shall ensure that future land use activities with significant waste and procesa '1. The City shall sock a response or assistance from the Department of Environmental • .�. management plan. The City shall-support MSD's "Procedures for Siting Sanitary • • Energy Conservation Planning Commission Hearing 6 CPA2007-00001 Darren Wyss- Re: Comp Plan - Environmel Quality Comments __T�_ ____ _„_ Page_1 EXHIBIT From: Carla Staedter To: Darren Wyss Date: 7/23/2007 5:48:22 PM Subject: Re: Comp Plan - Environmental Quality Comments Hi Darren, I hope you have a great vacation planned. Here are some comments on the Water Resources Section that may be helpful: iv-We do inventory outfalls as part of implementing the Healthy Streams Plan so that may be a repeat and could be assumed if we are implementing Healthy Streams Plan. We have goals for outfall retrofitting and are implementing projects to do just that each and every year. vi - I don't think it is a good idea be a"coholder”of the NPDES permit. Really all the cities in the basin are coholders of the NPDES permit. The permit needs to be held by a single entity so there is a single point of compliance. I don't think it is a good idea to have Tigard singled out. CWS holds the permit because that was needed basin wide to clean up the Tualatin and it's tributaries and there has been tremendous progress made. Also....we are at the very bottom of the basin and don't have control over what goes on upstream of us. Being a co-holder of the permit just doesn't make sense and makes us responsible for things outside of our jurisdiction and control. Consider adding an action item: Develop a program to collect and dispose of medicine to keep it out of our streams. Educate the public not to flush medicines. That's it for now. There must have been some interesting meetings to collect this information. I would love to hear about them when you have time. Carla >>> Darren Wyss 07/23 4:49 PM >>> Attached is the language that will be brought forward for a public hearing with the Planning Commission on Aug 20th. The language is a result of the Policy Interest Team meetings, comments from our meeting on June 27th, and the Planning Commission workshop last week where they reviewed the language and requested some changes. Please review the attached document and get any comments that you may have back to me by Aug 6th. I will incorporate your comments into the staff report. FYI, I will be on vacation from Wed July 25 to Mon Aug 6. If you have a burning question, you can contact Ron Bunch while I am gone. Darren Wyss Associate Planner/GIS Long Range Planning Division City of Tigard 503-718-2442 CC: Brian Rager i EXHIBIT c ,,F •F. /'.•4' . �/ e 0n Department of Land Conservation and Development ,u'. y 2 1 800 NE Oregon Street MIS 18, Suite 1145 % Portland, Oregon 97232-2162 a—s 9/ Theodore R.Kulongoski,Governor Phone: (503)731-4065 Fax: (503)731-4068 Web Address:http://www.lcd.state.or:us ipa/A July 25, 2007 Mr. Darren Wyss City of Tigard _ 13125 SW Hall Boulevard • Tigard, OR 97223 RE: CPA2007-00001, amendments to Chapter 3, 4 and 9 of the Comprehensive Plan related to Natural Features; Open Space; Air, Water and Land Resources;and Energy. (DLCD file#Tigard 006-07) Dear Darren, Thank you for the opportunity to review the first installment of the Comprehensive Plan update undertaken by the City of Tigard. The City should be commended for undertaking such a thorough review of its Plan. DLCD appreciates the overall time line submitted, and looks forward to reviewing other components of the update as they are available. DLCD is pleased to offer some comments for the record on this proceeding. Generally, the sections submitted are well done and respond to the modern milieu. The comprehensive plan makes the connection between land use and transportation effectively. The submitted sections demonstrate a strong understanding of modern planning issues and methods of addressing them. DLCD is also pleased to see the prominence of trails in the recreation section of the submittal. To the extent trails provide a transportation role as well as a recreation role, DLCD suggests that trails be incorporated into the upcoming plan update related to transportation. When the action of providing a trail addresses two public purposes— namely recreation and transportation—the City should highlight it and emphasize the dual benefit. The City may want to reconsider the wording on action item 4.l.e under Air Quality. The actions taken to "reduce congestion"may or may not improve air quality. If"reduce congestion"is implemented through adding lanes to increase road capacity, more vehicles are on the road, and thus negatively affecting air quality. If"reduce congestion" is implemented by reducing vehicle miles traveled, then there is a positive impact on air quality. DLCD suggests the City clarify the intent of this action item. t Tigard 006-07 Page 2 of 2 - Last, the City may want to have further consideration on the Water Quality section. There is no mention of the regional program—Nature in the Neighborhoods—even though it addresses both riparian corridor protection and water quality. The City may want to consider broadening its Comprehensive Plan language to recognize this regional program. Again, thank you for the opportunity to provide comments on the Tigard Comprehensive Plan update. We look forward to future installations. Warm regards, t.-AA,—fAt7 Stacy Humphrey Regional Representative CC: Matt Crall,Amanda Punton,Gloria Gardiner,Darren Nichols,Mara Ulloa(via e-mail) • • EXHIBIT, D Darren Wyss City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 8/07/2007 Subject: Tigard Comprehensive Plan Update Mr. Wyss, The Oregon Department of Fish and Wildlife (ODFW) has reviewed the Tigard Comprehensive Plan Update Statewide Planning Goal 6: Air, Water, and Land Resources Quality, Goal 8: Recreational Needs, and Goal 13: Energy Conservation. At this time, ODFW would like to submit the following recommendations. Goal 6: Air, Water, and Land Resources Air Resources Quality Add the following items to the list of Recommended Action Measures: "Work with the Tree board to develop an urban tree management and protection program that increases the canopy cover in Tigard." "Perform a survey of tree canopy cover to evaluate existing canopy cover conditions and identify needs and opportunities for increasing tree canopy cover." Water Resources Quality Revise Policy 4 as follows: "The City shall protect, restore, and enhance the natural functions of stream corridors, trees, and water resources for their positive contribution to water quality." Revise Policy 6 as follows: "The City shall continue to promote, support and collaborate on educating the public of techniques and practices private individuals and commercial and industrial operators to help correct water quality issues." Revise Policy 7 as follows: • • "The City shall investigate and use green street concepts, eco roofs and other measures that reduce the community's effective impervious area." Add specific language to the Policies that states the City shall protect/maintain riparian buffers to at least 50 feet for non fish bearing streams and at least 100 feet for fish bearing streams. Buffer distances are to be measured on either side of stream centerline. Add specific language to the Policies that states the City shall support consideration of water quality when considering placement and design of recreational trails. Placement of trails shall be avoided in areas prone to erosion to protect water quality. Add specific language to the Policies that states the City shall promote and incorporate the use of pervious trail surfaces to protect water quality. Add specific language to Recommended Action Measure "v." to address restoration of wetland/riparian area function to increase filtration of contaminants and sediment with the intent of improving water quality. Land Resources Policy Add specific language to the Policies that states the City shall provide incentives to households and commercial operators for recycling to reduce the amount of solid waste. Goal 8: Parks, Recreation, Trails and Open Space Add the following Key Findings: "Open spaces and natural areas can provide important wildlife habitat and wildlife movement corridors within urban areas." "Open spaces and natural areas are often areas where humans interface with wildlife. There are both potential benefits as well as potential risks with this. Appropriate "Living with Wildlife" practices can maximize public enjoyment of wildlife while minimizing potential conflicts." Add specific language to the Policies that states the City shall post signs in open spaces and natural areas to restrict dogs from entering designated areas. Add specific language to the Policies that states the City shall post signs in open spaces and natural areas that communicate that harassment and feeding of wildlife is prohibited. Add specific language to the Policies that states the City shall place trails outside open spaces and natural areas in areas where sensitive wildlife species are located. • • Revise Recommended Action Item "xxv" as follows: "Incorporate natural resources studies and monitoring in the City's management of public open spaces and related natural resources." Goal 13: Energy Conservation Add specific language that provides incentives for new development to incorporate green building practices (solar panels, use of recycled materials, ect.) Consider adding incentives and/or cost reduction for the use of public transportation. ODFW would like to thank the City of Tigard for the opportunity to provide comments. If you have any questions please contact me. Thank you, Mischa Connine Habitat Biologist Oregon Department of Fish and Wildlife 503-621-3488 ext 28 Darren Wyss -(CPA) 2007-00001 110 • Page 1 EXHIBIT From: "Dalby, John K." <John.Dalby @tvfr.com> To: <darren @tigard-or.gov> Date: 8/7/2007 8:48:54 AM Subject: (CPA)2007-00001 Good morning Mr. Wyss, After reviewing the submitted materials, our comments would be limited to Planning Goal 6 and Planning Goal 13. We would like the city to include language encouraging the installation of automatic sprinkler systems in all buildings wherever and whenever possible. The benefits with regard to the Planning Goals are: Less water use for fighting hostile fires within buildings or structures. Automatic sprinkler systems use a fraction of the water necessary to control or extinguish a fire within a building or structure. Less contaminated runoff from firefighting operations polluting surrounding streams and wetlands. Feel free to wordsmith this language to best suit your document. OR, could stop by your office and discuss it with you. Thanks for your time. John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire& Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4723 • • • EXHIBIT F • Definitions Community Parks (Greater than 15 acres): Community parks provide a variety of active and passive recreational opportunities for all age groups. These parks are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. In addition to those amenities . provided at neighborhood parks, community parks may include sports facilities for team play, group picnic areas, skateboard and rollerblade facilities, natural areas, botanical gardens, amphitheaters, festival space, swimming pools, interpretive facilities, and community centers. Higher quality children's play areas may be provided to create a family play destination. Effective Impervious Area Impervious area such as rooftops, streets, sidewalks, and parking areas do not allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or wetland system via pipes or sheet flow is considered"effective impervious area", because it effectively drains the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is considered "ineffective" because the water is allowed to infiltrate through the soil and into ground water,without a direct connection to the stream or wetland. Green Concepts and Practices Refers to measures to increase re-use and recycling programs, on-site filtration,integrated pest management, the utilising of new technologies for conservation and energy efficiency, and other best management and operation practices. Greenspace/Greenways (Size should be adequate to protect the resource): A greenspace or greenway is an area of natural quality that protects valuable natural resources and provides wildlife habitat. It also provides opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Development features that support outdoor recreation and trail-oriented recreation, such as trails, picnic areas, benches, interpretive signs, and native landscaping, may be provided. Trail amenities, such as small scale parking, portable restrooms,bike racks, and trash enclosures, may be included. Linear Parks (Of adequate size to protect natural resources and accommodate intended uses): Linear parks may be developed along built or natural corridors to provide opportunities for trail- oriented outdoor recreation. Linear parks may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Linear parks connect residences to major community destinations. Linear parks can include paved or soft-surface trails to accommodate jogging, biking, walking, skateboarding, dog walking, horseback riding, canoeing or rollerblading. Active and passive recreation facilities may include small-scale sports facilities, such as basketball hoops, public art, picnic tables, lighting, community gardens, and landscaping. Neighborhood Parks (4 to 14 acres): Neighborhood parks are the foundation of the parks and recreation system, providing accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Neighborhood Parks should Definitions Planning Commission Hearing 1 CPA2007-00001 • • EXHIBIT F include both passive and active recreation opportunities, such as children's play areas, informal sports areas, picnic facilities, public art, open turf areas, landscaping, community gardens, and pathways. Security lighting may be provided if needed. Open Space A term used interchangeably with Natural Area, and Parks is used interchangeably with Parkland. Park Services A generic term used to refer to parks,recreation, trails, and open spaces collectively. Parks System Development Charges These are charges assessed to new developments for the acquisition and development of parks, open spaces, and paved trails. They are assessed based on the cost of providing these services to new City patrons. Pocket Parks (2,500 square feet to 2 acres): Pocket parks provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Pocket parks may include passive or low intensity activities, such as children's play areas, pathways, multi-use paved areas, public art, small scale sports facilities, seating, picnic areas, community gardens, multi-purpose performance space, and landscaping_ Special Use Area (variable depending on desired size) Special use areas are public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. City facilities that fall into this classification include Potso Dog Park and the proposed Jim Griffith Memorial Skate Park. Special use area is often a catch-all category to place park facilities that do not meet any other definition. Trails and Connectors These are public access routes for commuting and trail-oriented recreational activities including sidewalks, bikeways, multi-use trails, and paths. Width of the trail and right-of-way depends on its intended use and location. A variety of pathway types are needed to accommodate activities such as walking, running, biking, dog walking, rollerblading, skateboarding, and horseback riding. Trails can be located within parks, within linear parks and greenways, or be designed as a part of the citywide transportation system. Waterways can provide trail-like facilities for boating and canoeing. Each type of trail should be designed to safely accommodate users, and meet recognized design standards. Urban forest Broadly defined as all the trees within the City collectively. Definitions Planning Commission Hearing 2 CPA2007-00001 • . 5),/. . Planning Commission Hearing, 8/20/07 Typo Correction Policy 8.1.2 The City shall acquire and, where appropriate, improve natural areas located within a half mile of every Tigard resident to provide passive recreational opportunities. Revisions Recommended by Sue Bielke Action Measure 8.1.xxxii: Include natural resource studie3 surveys and monitoring in the City's management of public open spaces and related natural resources. Policy 8.2.2: The City shall design and build greenway trails and paths to minimize their impact on the environment, including afrd rare and state and federally listed species Revisions Recommend by Public Works Reinstate the following stricken phases: Action Measure 8.1.xxxii: When feasible and appropriate, Include natural resources studies surveys and monitoring in the City's management of public open spaces and related natural resources. Action Measure 8.1.xxxiii: Remove and control non-native plants, including noxious weeds, in natural areas, where feasible and appropriate. Action Measure 8.2.vii: If adequate resources arc available, Use automated systems to systematically map and document trail easements, right-of-way dedications, proposed alignments, and current trail locations. i/lrpin/duane/comp plan.park.dlcdc.staff changes I • -DRAFT- Hazards Natural features provide a community with valuable resources but, under certain conditions, these resources may also present a hazard. For example,rivers and creeks are important for storm water conveyance,wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire,landslides, flooding, and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man-made hazards. • Goal 7: Areas Subject to Natural Hazards "To protect people and proper ty from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural systems in protecting the community from hazards, and additionally recognize that although landslides, earthquakes,wildfires and floods occur naturally, the effects of these events are often made worse by human activities. Hazards can have a significant negative impact on a community's quality of life. It is important for the Comprehensive Plan to provide policy direction on how the City will manage hazardous conditions and events. Land use planning, development regulation and emergency management play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding of underlying natural conditions and past event history to develop hazard mitigation and prevention programs. Because hazards, such as earthquake faults and floodplains, extend across jurisdictional boundaries, it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To minimize loss of life and property from earthquakes, the City requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Zone 3 (the second highest hazard code), while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. In Tigard,wildfire is characterized by the Urban Interface Zone, or the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department of Forestry implements the Oregon Forestland-Urban Interface Fire Program,which is expected to be fully implemented by 2011, in order to protect interface communities in Oregon from wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the effects of wildfire. TVF&R is responsible for all fire prevention and education, and has the opportunity to comment on all development applications. TVF&R also maps the urban interface zone in Tigard. The Oregon Department of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. 1 • • -DRAFT- People and property are best protected from landslide when building structures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, drainage and groundwater alterations, and changes in vegetation. By mapping steep slopes and allowing only appropriate development in these areas the City can limit the impact of landslides on the community. Also, by retaining vegetation and natural drainageways in these areas, the City can work to reduce conditions which may lead to landslides. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. Floods are influenced by a number of factors,including the amount and intensity of precipitation, geography and geology, and development activity. The City of Tigard cannot control precipitation or the community's soil type but can control development activity which contributes to, and is affected by, flooding. The City coordinates with several agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard regulatory area. Within this area,development activities are regulated to minimize impacts on floodwater flows and storage areas to reduce impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services' Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community,including private property damage, public infrastructure damage, and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas, if left undisturbed, can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S.Army Corps of Engineers,requires a permit for development within the waters of the United States.Any disturbance to a water body and its associated floodplain is covered through this process. Tigard is also at risk of non-natural or man-made hazards. Although statewide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents, hazardous material releases, severe storms, terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. Key Findings • • The Cascadia Subduction Zone could potentially cause an 8+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4,but could go up to magnitude 7. • Fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. 2 • -DRAFT- • • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zone 3,while single- family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property damage. However in other parts of the Portland metropolitan region they have caused considerable damage. • It is estimated about 3% of the City's land, or 286 acres,is vulnerable to landslides. In addition, about 4.3 miles of critical streets could be subject to landslide damage. • Human activities such as deforestation, stream alteration, and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. The last major flood event in 1996 inundated 2.2% of the land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. Goal 7.1 Protect people and property from flood,landslide, earthquake,wildfire,and severe weather hazards. Policies 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall promote the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce building code standards to protect the built environment from natural disasters and other hazards. 3 • • -DRAFT- 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing, and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with native species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Recommended Action Measures i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. v. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide 4 • -DRAFT- • information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement section R324 of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policies 1. The City shall design, construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. Recommended Action Measures i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a'disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response, and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. 5 ---{Formatted:Top: 0.5" J TIGARD COMPREHENSIVE PLAN POLICY BUILDING BLOCKS REVISED AS OF 6/21/2007 REVISED AS OF 7/16/2007 REVISED AS OF 8/10/2007 HAZARDS GOAL: 1. PROTECT PEOPLE AND PROPERTY FROM FLOOD, LANDSLIDE, EARTHQUAKE AND WILDFIRE HA POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect life and property from hazards by preventing 5.1.1 The City shall not allow development in areas or minimizing the risk of hazardous occurrences. having the following development limitations - Comment:Group preference is to ---- define hazard areas by Map and not except where it can be shown that established and by text,(2 green Dots) For the Other Building Blocks (actions and results): proven engineering techniques related to a specific following reasons,Staftrecom against defining landslide hazards rds by by • • Prevent development that would pose danger to site plan will make the area suitable for the Map: 1.MAP SCALE:The scale of the map life and property in areas where hazards cannot be proposed development: will have an impact on whether a sensitive lands review is necessary. mitigated. (3,green dots) a. Areas having a severe soil erosion potential 2.MAP ERROR:In the event that b. Areas subject to slumping, earth slides,or there is an error on our map,we are still covered by the text. • Developers have the burden of proof to show movement; that hazards can be mitigated to the extent c. Areas having slopes in excess of 25%;or necessary not to endanger life and property. (1 d. Areas having severe weak foundation soils. green dot, 1 yellow dot) 5.1.2 The City shall coordinate land use and public • Promote the use of non-structural approaches to facility planning with public safety providers (law hazard mitigation. (2gi>;en dots) enforcement, fire safety,and emergency service providers) to ensure their capability to respond to • Land acquisition priorities on thigh hazard areas to hazard events. (1 green dot) ,l Comment:Need to clarify the be used for recreation or open space purposes. (2 definition of high hazard areas. green dots) 5.1.3 The City shall promote the use of non-structural approaches to hazard mitigation. (1,green dot • • Coordinate land use and public facility planning with public safety providers (law enforcement, fire Action Measures: safety, and emergency service providers) to ensure 5.1.1 Place land acquisition priorities on high hazard their capability to respond to hazard events. (3 _ areas to be used for recreation or open space • green dots) purposes. (1 green dot) • 'Maintain accurate information regarding natural 5.1.2 Update and maintain accurate information_regardin hazard risks and past events. (2 green dots) ; natural hazard risks and past events. - Comment-Specify which maps are`1 used,need to make it easy for the )I public to find relevant maps. 5.1.3 Publicize and maintain maps of high hazard areas.L--- Comment:Although the maps may not be used to define high Hazard areas,the maps are very useful in POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: illustrating such areas. Policy Principle (Cornerstone): Policies: Public Facilities!need protection from destruction or 5.1.4 The City shall design and construct public facilities--- comment:Whatatabout enforcement on private facilities,i.e.private roads? damage by hazardous conditions. to withstand hazardous events with a priority on Comment:Define and add public hazard protection of public services and facilities facilities to the glossary list. Other Building Blocks (actions and results) • that are needed to provide emergency response • Have as a priority hazard protection of public services. (1 given Dot) • services and facilities that are needed to provide • emergency response services. (3 green dots) Action Measures: 5.1.4 Address planning for the protection of public • • Design and construct public facilities to withstand facilities and services from hazards in the Tigard hazardous events. (3 green dots) Public Facilities Plan and Community Investment Plan. (1 green Dot) • Retrofit existing facilities and services to contemporary standards to better withstand 5.1.4 Retrofit existing public facilities and services to ---{Formatted:Bullets and Numbering natural disasters and hazardous occurrences. (2 contemporary standards to better withstand natural green dots) disasters and hazardous occurrences. (1 green Dot, lyetlow dot) • Community issue:The citizens of Tigard are concerned about the future of public services, 5.1.5 Design and Implement a natural hazards home •----{Formatted:Bullets and Numbering which includes safety, schools and infrastructure. inspection program. * (1 yellow dot) • Address planning for the protection of public • facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. (1 yellow dot) POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Contemporary building codes protect the built 5.1.5 The City shall apply and enforce building code environment and human life from natural disasters standards to protect the built environment from such as earthquakes and flood events) natural disasters and other hazards. - - comment.Does the City have an -- - - - inventory of hazardous buildings? Other Building Blocks (actions and results) Action Measures: • Apply and enforce building code standards to 5.1.6 Recognize some existing buildings have not beer.,.-.-"Comment:Is the degree of the codes enforced in Tigard above or protect the built environment from natural built to contemporary building code standards and`, below average?Should we strive to disasters and other hazards. (3 pun dots) seek ways to encourage their retrofit to modern be above average? _ codes. (1 green Dot) I Formatted:Bullets and Numbering • Recognize that existing buildings have not been built to contemporary building code standards and 5.1.7 Update and maintain a list of essential and critical----{Formatted:Bullets and Numbering ) • seek ways to encourage their retrofit to modern facilities to be used in hazards planning. codes. (2 green dots Comment:Home Inspections 5 1.8 -Provide information and access to resources for Comment:Natural Hazard Home property owners who wish to assess the ability of Inspections have been recommended by the Policy Interest Team.Building their buildings to withstand natural hazards. (1 gren Staff recommends against 7 yellow Dot) Inspections for the following reasons: 1.LIABILITY:If the City inspected a home and found it to be'safe"from hazards,and the structure was later ■ damaged during a hazard event,the ■ City could be found table for the damages. 2.EXPERTISE:To tell whether a property owner is truly safe from hazards requires expertise beyond that of the building Department.For example,a structural Engineer or geotechnical engineer has the knowledge to determine whether a house is truly safe from earthquake or ■ landslide hazards. Formatted:Bullets and Numbering Formatted:Font:Not Italic j • • • • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect life and property from the growing hazards of 5.1.6 The City shall enforce standards requiring the urban interface wildfires. creation and maintenance of defensible space around habitable structures located in wildfire Other Building Blocks (actions and results) hazard areas. (1 yellow Dot) • Education is a key component in reducing the risk of urban interface wildfire. (2 green dots) Action Measures: 5.1.6 Work with Tualatin Valley Fire and Rescue • Tigard Beyond Tomorrow Public Safety Goal 1, Community Safety Program to provide information strategy#6 is that fire safety education will be and education about urban interface wildfire to effectively promoted in the community. (1 yellow Tigard citizens. (1 yellow Dot) dot) • 5.1.7 Adopt the Tualatin Valley Fire and Rescue Wildfire • Work with the Tualatin Valley Fire and Rescue Hazard Map and implement(section R324 of the Community Safety Program to provide Oregon Residential Specialty Cod4 (2 green Dots) ---{Comment:Add explanation information and education about urban interface wildfire to Tigard citizens. (1 green dot) • Enforce standards requiring the cutting of tall grass and combustible debris removal. (1 green, 1 yellow dot) • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Reduce the risk to people and property from 5.1.7 The City shall comply with the Federal Emergency flooding. (1 green dot) Management Agency (FEMA) flood regulations, which include standards for base flood levels, flood Other Building Blocks (actions and results) proofing, and minimum finished floor elevations. (7 • Comply with The Federal Emergency green Dot) Management Association (FEMA) flood regulations, which include standards for base 5.1.8 The City shall prohibit any land form alterations or flood levels, flood proofing,and minimum developments in the 100-year floodplain which finished floor elevations,etc. (2 green dots) would result in any rise in elevation of the 100-year floodplain. (1 green Dot) • Update flood information as it becomes available.' ---(Comment:This information needs to • - -(1 yellow dot) 5.1.9 The City shall not allow land form alterations or be easy for residents to access. development within the 100-year floodplain outside • Comply with Metro Title 3 Functional Plan the zero-foot rise floodway unless: (1 green Dot) balanced removal fill requirements. (2 yellow dots) a. The streamflow capacity of the zero-foot rise floodway is maintainted,and • Protect natural drainageways and wetlands as b. Engineered drawings and/or valuable water retention areas and where possible documentation shows that there will be no find ways to restore these areas. (1 green dot) detrimental upstream or downstream effects in the floodplain area. • Community Value: The citizens of Tigard value trees and natural resources and feel that protecting 5.1.10 The City shall protect natural drainageways and these resources will benefit the community. * (1 wetlands as valuable water retention areas and green dot) where possible find ways to restore these areas. (1 green Dot) • Emergency access is important to maintain to areas that are subject to flooding. (1 yellow dot) 5.1.11 The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and • • Minimize impervious surfaces to reduce storm removal in the floodplain. (1 green Dot) water runoff. (1 yellow dot) 5.1.12 The City shall work with Clean Water Services to • • Work with Clean Water Services to preserve the preserve the natural storm water drainageways to • ! natural storm water drainageways to reduce the reduce the potential for flooding. potential for flooding. (1 green dot) 5.1.14 The City shall minimize impervious surfaces to reduce storm water runoff. (2 green dots)! - Comment:Moved from landslide section. Action Measures: 5.1.8 Continue to participate in the National Flood Insurance Program. POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: • Policy Principle (Cornerstone): Policies: Protect people and property from slow moving and 5.1.13 The City shall retain existing vegetation in areas rapidly moving landslides. with landslide potential to the greatest extent possible. (1 green dot) Other Building Blocks (actions and results) - Deleted:5.1.14 The City shall minimize impervious surfaces to reduce Sturm water • Retain existing vegetation in areas with landslide Action Measures: runoff.1 potential to the greatest extent possible. (2 green dots) • Enforce standards that prevent or minimize the potential for landslides. (1 green dot) • • • • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect people and property from severe weather. 5.1.8 The City shall work to reduce the risk of loss of life . and damage to property from severe weather Other Building Blocks (actions and results) events. • Metro defines severe weather as including "windstorms.severe winter hazards (e.g. snow, Action Measures: ice. prolonged cold),thunderstorms.tornadoes, drought. prolonged extreme heat and other weather conditions that disrupt vital regional systems and threaten lives and property." • Weather hazards are not included in the Statewide Land Use Planning Goal 7: Natural Hazards. • • The usual predictability of these events reduces ---{Formatted:Bullets and Numbering their risk to life because people can take precautionary measures (Metro Regional Hazard Mitigation Policy and Planning Guide). • POLICY BUILDING BLOCKS: GOAL: 2. PROTECT PEOPLE AND PROPERTY FROM NON-NATURAL HAZARDOUS OCCURRENCES. POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Non-natural hazardous occurrences can pose danger 5.2.1 The City shall design,construct,and coordinate the to human life and property.These events can surface transportation system to reduce the include: potential for mass casualty accidents and to provide • Mass casualty transportation accidents, the ability to evacuate when necessary. • Hazardous material releases, • Severe storms, 5.2.2 The City shall encourage communication and -- Comment:Move to the natural • Terrorism,, coordination among wide variety of agencies to hazards goal g ry g Deleted:and • • Epidemics and respond to technological and man-made disasters. _ _ = (3 green dots) capabilities and capacity. • A hazard mitigation plan coordinated with a variety of other agencies including the state and federal government is essential. • It is important to inventory the locations where the hazardous materials might pose a danger to the public. This includes storage areas and transportation routes. (2 green dots) • Public education,awareness and self-sufficiency are important. • The key to recovery is the maintenance of • essential governance and public safety services. • Maintain diycrsc healthy,integrated systems. (2 green dots) • • • I� . TIGARD 2027 City of Tigard Comprehensive Plan Resource Document A of the Tigard 2007 resource report provided a summary of community surveys and work completed by Tigard Beyond Tomorrow. The summary outlined a number of key issues and values that the community has identified and it forms a solid foundation for updating the City's Comprehensive Plan. Below is a list of community issues and values developed from Resource Document A (which can be found in its entirety at www.tigard-or.gov/2027). Please review the list as it will provide important background information when discussing goals,policies,and action measures: COMMUNITY VALUES The citizens of Tigard value the location of the community and the ease of access to travel options. The citizens of Tigard value the safe and quiet residential atmosphere of the community and the character of their neighborhoods. The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. The citizens of Tigard value the public services that are provided to the community, particularly the library,parks, senior center,and police. The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. The citizens of Tigard value access to neighborhood parks and open space within a half mile from their home. The citizens of Tigard value access to bus service in the community. The citizens of Tigard value the community's downtown core and support investment to make improvements. The citizens of Tigard value and understand their responsibility to participate as members of the community. 1 • • The citizens of Tigard value access to educational opportunities for citizens of all ages. The citizens of Tigard value small and local businesses that contribute to a healthy economy. COMMUNITY ISSUES The citizens of Tigard have identified traffic congestion as the top concern in the community. The citizens of Tigard are concerned about the maintenance of community streets. The citizens of Tigard are concerned about preserving community livability by minimizing neighborhood traffic. The citizens of Tigard are concerned about population increases and the impact upon the community. The citizens of Tigard are concerned about growth and development in the community and the compatibility between new and existing development. The citizens of Tigard are concerned with the community's appearance,particularly the downtown. The citizens of Tigard are concerned that the community's downtown is not living up to its potential. The citizens of Tigard are concerned about the impact of growth on the community's natural resources. The citizens of Tigard are concerned about the future of public services,which includes safety, schools and infrastructure. The citizens of Tigard are concerned about the lack of a recreation program and the number of parks in the community. 2 • • 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Goal - Areas subject to Natural Disasters and Hazards;and Goal#8- Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development,for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise,the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - - e• -, - - ._ • e WETLANDS €indings and density of development which sag be aosehwheclated eg that property (carrying capacity). 6embinationc sash as steep slopes and twistable soils create severe development senstraints- €xsessive development in 69614 physically limited areas greatly increases the petegtial severity of natural habitation of wildlife- Nonetheless; it is too often removed and replaced by buildings Of . -- - -•development- - =- ::•_ -• = •••• -- - - - =, - - - - lnsreased runoff and sedimentation #rem pearly developed hillsides sag require increased public Vol. II, Policy 3-1 • • • - - .. POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; b. _ -e .. • ; s AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT; d AREAS HAVING SLOPES IN EXCESS OF 25%;OR - • ' _ _ - . (Rev. Ord. 85-13; Ord. 84-36) a -- •- - - - - ---•- - -- - " - • • - site specific sail surveys and geologic shies where potential hazafds afe idleetifiod fused - special design considerations and senctfactier4 cheaseres be taken to offset the soil and geologic•-- - - - --- - - - - - - -- - - •- -- . (Rev. Ord. 85 13) FLOODPLAINS Vol. II, Policy 3-2 properties;and • • - - •- - •••• - = - - - • -- - = - - -- • -- . Peed-i4330646• • - • - --- -=•= - - - - - - - ' - = - -- - - -- fate: .- - - levels- • - - -= • •A . - - -- = - '- -- -- • -- - = • - '°-- - - - - .. . The--federal • The Gity of ward currently laas efdiaanses; peGsles and standards within the ward Co ity•• - •- ' - • - - ' -- - • - - •--- .. - _- -• - •- , '--- - - - .. . • - -- -- - - - - - • -- -- --- - ..•- - are-taker. (Rev.Ord-851.3) POLICIES 324 THE CITY SHALL PROHIBIT ANY LAND FROM ALTERATIONS OR DEVELOPMENTS IN THE 100 YEAR FLOODPLAIN WHICH WOULD RESULT IN ANY RISE IN €6EVATION OF THE 100 YEAR FLOODPLAIN. 3,24 THE CITY SHALL: EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE .. . . ., L _. . . A_ -- _-. _aa . _ ..■ . . •. L . I ALLOW LAID FARM DEVELOPMENT IN T-14g CI 00flP1 AIN* OUTSIDE T•HE ZERO-POO; RISE FLOODWAY* WHICH PRESERVE OR ENHANCE Vol. II, Policy 3-3 • 4.4413 FORM ALTERATION AND/OR DEVELOPMENT IS IN AN AREA DESICNATED 6OMMERGIAL OR INDUSTRIAL ON TI4E COMPREHENSIVE SATISFIED; OR 3- THE LAND FORM ALTERATION AND/OR DEVELOPMENT tS ASSOCIATED WITH COMMUNITY RECREATION USES, UTILITIES, OR PUBLIC SUPPORT FACILITIES AS DEFINED IN CHAPTER 4343 OE THE COMMUNITY DEVELOPMENT CODE AND THE FACTORS SET FORTH IN POLICY 3.2.3 CAN BE SATISFIED. 3-24 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN T445 .. _ . ..■- . . * . ■_ - -'. _.. - _ ..■ . * -- REQUIRE: a- THE STREAPAPLOW CAPACITY OF THE ZERO-FOOT RISE FI n, Y= $E MAINTAINED• la, -• _ • ■ ■- . , . __ a e- ee_ •,-. • e. _-e • • _ - • BE NG DETRIMENTAL UPSTREAM OR DOWNETREAM EFFECTS 4N THE FLOODPLAIN* AREA, AND THAT TIDE CRITERIA SET FORTH IN THE SENSITIVE LANDS SECTION OF THE CODE HAVE BEEN MET(Soo FIS Soptomber 1981); e- A BUFFER, EITHER EXISTING OR PLANTED, ON THE COMMERCIAL OR INDUSTRIAL LAND ABUTTING RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND WHICH THE GONEIDERATION O€ DEDICATION OP OPEN LAND AREA FOR GREENWAY ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION OR THE OP A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN AGGORDANGE WITH THE O A^r.�^D PEDESTRIAN BICYCLE PATHWAY PLAN. 34-4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WET DS ON THE FLOODPLAIN AND WETLANDS MAR NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO EIGNI.PIGANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. 3.2.5 THE CITY SHALL REQUIRE THE QONSIDERATION OP DEDICATION O€ ALL UNDEVELOPED LAND WITHIN THE 100 YEAR F' OODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES-SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. (Rov.Ord. 05 01; Ord. 98 19; Ord. 90 22;Ord. 85 13; Ord. 81 36) 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. Vol. II, Policy 3-4 • • • , COMMUNITY NEWSPAPEXS CITY OF TIGARD . 6605 SE Lake Road, Portland, OR 97222• PO OREGON Box 22109• Portland, OR 97269 Phone:503-684-0360 Fax:503-620-3433 TIGARD Email: legals @commnewspapers.com PUBLIC HEARING ITEM The following will be considered by the Tigard Planning Commission on Monday August 20.2007 at 7:00 PM at the Tigard AFFIDAVIT OF PUBLICATION Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. State of Oregon, County of Washington, SS Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of I, Charlotte Allsop, being the first duly sworn, procedure set forth in Section 18.390.060.E. The Planning depose and say that I am the Accounting Commission's review is for the purpose of making a recommen- Manager of The Times(serving Tigard, dation to the City Council on the request. The Council will then Tualatin & Sherwood), a newspaper of hold a public hearing on the request prior to making a decision. general circulation, published at Beaverton, in Further information may be obtained from the City of Tigard the aforesaid county and state, as defined by Planning Division(Staff contact: Darren Wyss)at 13125 SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503-639-4171. ORS 193.010 and 193.020, that COMPREHENSIVE PLAN AMENDMENT(CPA)2007-00001 City of Tigard Tigard Comprehensive Plan Update of Statewide Planning Goal 6: CPA 2007-00001 Air, Water, and Land Quality Resources, Goal 8: Recreation TT11002 Needs,and Goal 13: Energy Conservation- REQUEST: Amendments to the current Comprehensive Plan a copy of which is hereto annexed, was Topics 3:Natural Features and Open Space;4:Air,Water,and published in the entire issue of said Land Resources Quality;and 9:Energy by updating the goals, newspaper for policies and recommended action measures to reflect current 1 community conditions and values. The complete text of the weeks in the following issues proposed Amendment can be viewed on the City's website at August 2, 2007 http://www.tigard-or.gov/code amendments. LOCATION: Citywide. ZONE: CBD,C-G,C-P,I-H,I-L,I-P,MUC,MUE, MUE-1,MUE-2,MUR-1,MUR-2,R-1,R-2,R-3.5,R-4.5,R- 7, R-12, R-25. APPLICABLE REVIEW CRITERIA: ( kav ( f``-f/„L Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810; Charlotte Allsop (Accounting Manage Comprehensive Plan Policies 2,3 &4;Metro Functional Plan p ( g g ) Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6. Publish 8/2/2007 TT11002 August 2, 2007 NOTAR PUBLIC FOR OREGON My commission expires , Q0O7 Acct#10093001 r OFFICIAL SEAL Doreen McLaughlin -^ SUZETTE I CURRAN () City of Tigard 1 . NOTARY PUBUC-OREGON 13125 SW Hall Blvd. COMMISSION NO.373063 MY COMMISSION EXPIRES NOV.28,20071 Tigard, OR 97223 Size:2 x 5.75 Amount Due $96.02 'Remit to address above • • N Tigard Planning Commission Agenda Item # S. I Page I of Date of Hearing -0`1 Case Numbers) erPf 2 0 D7- n 0001 Case Name ecn r,�ir° r V f / h !A p cd T i Location C1` (�- If you would like to speak on this item, please PRINT your name, address,.and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: C W IT Ze-( Name: Address: /03 / 0 5L1/4) 4.0@i v IE".7 D R . Address: City, State, Zip:-/-164vizsv, 17 Z 2 J City, State, Zip: Name:),,a4 ���„� Name: Address:in 4 4-c --)v Address: City, State, Zip: '2, )C 092-1-2.3 City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • Agenda Item: Hearing Date: August 20,2007 Time: 7:00 PM STAFF REPORT TO THE a PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON T I GARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6:AIR,WATER, AND LAND RESOURCES QUALITY,GOAL 8: RECREATIONAL NEEDS,AND GOAL 13: ENERGY CONSERVATION FILE NO.: Comprehensive Plan Amendment(CPA) CPA2007-00001 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air, Land, and Water Resources Quality; and 9: Energy by updating the Goals, Policies, and Recommended Action Measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Topics 1,2,3, 4, 8,and 9;Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1,2, 5, 6, 8, 11, 12,and 13. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds this request to meet the necessary approval criteria.Therefore, staff recommends APPROVAL to the Tigard City Council to amend the Tigard Comprehensive Plan to replace Topics 4 and 9 and Sections 3.5 and 3.6 of Topic 3 as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 1 OF 22 • • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,300 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key findings from Tigard 2007, combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter that addresses that particular Statewide Planning Goal. The first three chapters to begin the legislative process are Environmental Quality (Goal 6), Parks, Recreation, Trails, and Open Space (Goal 8), and Energy Conservation (Goal 13). The Planning Commission held a workshop on July 16 to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as strikeouts and added text bold and underlined): • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 2 OF 22 • • Environmental Quality Section 1: Air Resources Quality Interest in exploring a City public transit system to connect with TriMet was expressed and the Planning Commission requested an action measure to develop a committee to pursue this idea. Recommended Action Measure xi was added per this request. xi. Develop an ongoing committee to evaluate a Tigard public transportation system that would connect underserved neighborhoods with TriMet routes. The Planning Commission requested that schools be added to Recommended Action Measure vii. vu. Place educational materials in the schools, Tigard Public Library, and City Hall that demonstrate actions individuals can implement to help improve air quality in the community. The Planning Commission asked staff to be more specific about Recommended Action Measure x to identify gas-powered leaf blowers. x. Research the feasibility of banning gas-powered leaf blowers and a buyback program for petroleum powered lawn equipment. Environmental Quality Section 2: Water Resources Quality The Planning Commission found Policy 3 to be unpractical and asked for it to be combined with Policy 7. 7. The City shall investigate and use, to the extent practical, green street concepts tereenstrtiet new streets, or retrofit existing streets and other measures that limit the community's effective impervious area. The Planning Commission asked that low impact development practices be included as a policy statement. Policy 3 was edited to reflect this request. The City shall encourage the use of low impact development practices that reduce stormwater impacts from new and existing development. The Planning Commission requested a policy be added that would encourage ODOT and Washington County to improve the quality of stormwater runoff from their transportation facilities. Policy 9 was added. 9. The City shall encourage the Oregon Department of Transportation and Washington County to improve the quality of stormwater run-off from their facilities. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 3 OF 22 • • The Planning Commission advised that the wording of Recommended Action Measure 3 should be changed to reflect the shift in Tree Board wording. iii. Work with the Tree Board to develop an urban tree stew management and preservation program that increases the canopy cover in Tigard. The Planning Commission questioned the advantages of joining with CWS as a co-holder of the NPDES permit. Following a review and comment by City staff (see Section VI and Exhibit B of this staff report), Recommended Action Measure vi has been removed. vi. Rcacarch putting the City of Tigard as a co holder with CWS on the NPDES permits. Environmental Quality Section 3: Land Resources Quality No changes were requested by the Planning Commission. Energy Conservation The Planning Commission is interested in engaging the community in a dialogue regarding what efforts they would support to reduce energy consumption. This information could then be used to develop incentives. Recommended Action Measure v was added. v. Survey the community about energy consumption and identify top concerns that could be addressed through conservation incentives. The Planning Commission requested that the word implement be added to Recommended Action Measure iv. iv. Research and implement incentives and development codes that would encourage energy efficiency in new developments. Parks, Recreation,Trails, and Open Space The Planning Commission thinks a public awareness program would be appropriate to outline the benefits of parks and recreation. Recommended Action Measure xxvii was added. xxvii. Develop an information program to raise the public's awareness of the importance of recreational facilities and programs to .- • : • : .. -. . • . : • - - public well-being and community livability. Proposal Description The primary intent of the proposed changes is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 4 OF 22 • • This amendment is the first in a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goals 6, 8, and 13 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to parks, recreation, trails, open space, environmental quality, and energy conservation. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 5 OF 22 • • SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 •Applicable Comprehensive Plan Policies o Topics 1, 2, 3, 4, 8, and 9 • Applicable Metro Standards o Title 3 and 13 • Statewide Planning Goals o Goals 1, 2, 5, 6, 8, 9, 11, 12, and 13 City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure,Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Chapter 18.390.060.G. Decision-making considerations. 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: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 6 OF 22 • • CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Topic 1: General Policies Policy 1.1.1: The City shall ensure that: a. This comprehensive plan and all future legislative changes are consistent with the Statewide Planning Goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. Topic 2: Citizen Involvement Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 2, 2007 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 7 OF 22 • • questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Topic 3: Natural Features and Open Space Policy 3.2.5 The City shall require the consideration of dedication of all undeveloped land within the 100-year floodplain plus sufficient open land for greenway purposes specifically identified for recreation within the plan. Findings: This policy is satisfied by the proposed amendment through Goal 8.1 and specifically Policies 6, 17, and 24. These policies outline the City's approach to acquiring open space, which may include greenway property within the 100-year floodplain. Policy 24 provides guidance for the considerations to follow when accepting such a dedication. Policy 3.5.1 The City shall encourage private enterprise and intergovernmental agreements which will provide for open space, recreation lands, facilities, and preserve natural, scenic and historic areas in a manner consistent with the availability of resources. Policy 3.5.2 The City shall coordinate with the school districts to develop recreational facilities. Policy 3.5.3 The City has designated the 100-year floodplain of Fanno Creek, its tributaries, and the Tualatin River as greenway, which will be the backbone of the open space system. Where landfill and/or development are allowed within or adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area for greenway adjoining and within the floodplain. Policy 3.5.4 The City shall provide an interconnected pedestrian/bikepath throughout the City. Policy 3.6.1 Individual park sites, as defined by the parks and open space standards and classification system shall be developed according to the following priorities: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 8 OF 22 • • a. Facilities within a park will be adjusted to meet the needs and desires of the park system development charge (SDC) district residents and the characteristics of the site. Park and/or recreational facilities in greatest demand and least supply should receive the highest development priorities b. Parks should be planned to ensure maximum benefit to the greatest number of local residents. For this reason, acquisition and development of community level parks should be given the highest priority. c. Development of additional neighborhood parks will have a lower priority for public funding and are encouraged to be provided by the private sector within planned unit developments and maintained by homeowners associations. d. New mini parks have the lowest development priority and should be supplied at the developer's or neighborhood's expense and maintained by a neighborhood association created as part of the development process. e. Provision of regional park facilities will only be considered as an interjurisdictional project, and should have a low priority unless unusual circumstances arise. f. Acceptance of any land dedicated for park purposes shall be based upon its usefulness and adaptability to the adopted park and open space system. 3.6.2 The City shall coordinate with other public, private organizations and affected private property owners in order to facilitate the implementation of the City's adopted park plans. Findings: Current Comprehensive Plan Policies 3.5.1, 3.5.2, 3.5.3, 3.5.4, 3.6.1, and 3.6.2 will be deleted and replaced in their entirety by proposed amendment Goals 8.1, 8.2, and 8.3 and their associated policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 8 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through,a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, reviewed by the Parks and Recreation Advisory Board, and reviewed by the Planning Commission at a July 16, 2007 workshop. Topic 4: Air,Water, and Land Resources Quality 4.1.1 The City shall: a. Maintain and improve the quality of Tigard's air quality and coordinate with other jurisdictions and agencies to reduce air pollutions within the Portland-Vancouver Air Quality Maintenance Area (AQMA). b. Where applicable, require a statement from the appropriate agency that all applicable standards can be met,prior to the approval of a new land use proposal. c. Apply the measures described in the DEQ handbook for "Environmental Quality Elements of Oregon Local Comprehensive Land Use Plans" to land use decisions having the potential to affect air quality. 4.2.1 All development within the Tigard Urban Planning area shall comply with applicable federal, state, and regional water quality standards, including those contained in the Clean Water Services Design and Construction Manual. (Rev. Ord. 02-15) 4.2.2 The City shall recognize and assume its responsibility for operating,planning, and regulating wastewater systems as designated in Metro's waste treatment management component. (Rev. Ord. 02-15) STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 9 OF 22 • • 4.3.1 The City shall: a. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. e. Coordinate with DEQ in its Noise Regulation Program and apply the DEQ Land Use Compatibility Program. f. Where applicable require a statement from the appropriate agency (prior to the approval of a land use proposal) that all applicable standards can be met. 4.4.1 The City shall maintain and improve, if possible, the current quality of Tigard's land resources. 4.4.2 The City shall recognize MSD's responsibility and authority to prepare and implement a Solid Waste Management Plan. Findings: Current Comprehensive Plan Policies 4.1.1, 4.2.1, 4.2.2, 4.3.1, 4.4.1, and 4.4.2 will be deleted and replaced in their entirety by proposed amendment Goals 6.1, 6.2, and 6.3 and their associated Policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 6 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a July 16, 2007 workshop. Topic 8: Transportation 8.1.1 Plan, design, and construct transportation facilities in a manner which enhances the livability of Tigard by: b. Encouraging pedestrian accessibility by providing safe, secure, and desirable pedestrian routes. Findings: Trails provide a dual purpose for the community. They act as a form of recreation, but are also important components of the City's transportation system. The inclusion of proposed amendment Goal 6.2 and its associated Policy 1 (see Exhibit A) displays the City's commitment to providing both recreational opportunities and a balanced transportation system. Thus, this policy is satisfied. 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit, and other modes) by: e. Development of bicycle and pedestrian plans which link to recreational trails. Findings: The proposed amendment Goal 6.2 and its associated Policy 1 (see Exhibit A) aim to ensure pedestrian and bicycle facilities are available and connected in the community. The inclusion of this language satisfies this policy by incorporating trails, for not only recreational purposes,but as a recognized mode of transportation. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 10 OF 22 • • 8.1.5 Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel by: a. The design and construction of transportation facilities to meet the requirements of the Americans With Disabilities Act. Findings: This policy is satisfied by proposed amendment Policy 23 under Goal 6.1 (see Exhibit A). The language reads "The City shall continue to improve access to neighborhood parks and other facilities according to the City's Americans with Disabilities Act plan". This language encompasses bicycle and pedestrian trails that are provided for the community's use. 8.5.1 The City shall locate bicycle/pedestrian corridors in a manner which provides for pedestrian and bicycle users safe and convenient movement in all parts of the City by developing the pathway system shown on the adopted pedestrian/bikeway plan. Findings: The proposed amendment Goal 6.2 and its associated Policy 1 (see Exhibit A) aim to ensure pedestrian and bicycle facilities are available and connected in the community. The inclusion of this language satisfies this policy by incorporating trails, for not only recreational purposes, but as a recognized mode of transportation that is safe, convenient, and connecting important locations throughout the City. Topic 9: Energy 9.1.1 The City shall encourage a reduction in energy consumption by increased opportunities for energy conservation and the production of energy from alternative sources. 9.1.2 The City shall establish a balanced and efficient transportation system which complements the land use plan and is designed to minimize energy impacts. 9.1.3 The City shall encourage land use development which emphasizes sound energy conservation, design, and construction. Findings: Current Comprehensive Plan Policies 9.1.1, 9.1.2, and 9.1.3 will be deleted and replaced in their entirety by proposed amendment Goal 13.1 and its associated Policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 13 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a July 16, 2007 workshop. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated with flooding. Findings: In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply with Title 3 of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood management requirements for the region. The adopted standards were based on a unified program developed by local governments in the Tualatin Basin and implemented through the Clean Water Services District's (CWS) Design & Construction Standards, which provides for STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 11 OF 22 • • vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and address the Clean Water Act and Endangered Species Act (ESA). The proposed amendment, specifically Goal 6.2 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. Policies 1 and 2 provide clear direction that water quality is an important component of the community and the City will continue in partnership with other jurisdictions in the Tualatin Basin to ensure water quality standards are being met and programs being implemented. The remaining policies outline additional strategies the City will employ to improve the community's water quality and limit pollution from stormwater run-off. Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods — conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their flooplains in a manner that is integrated with upland wildlife habitat and with the surrounding urban landscape; and control and prevent water pollution for the protection of the public health and safety, and to maintain and improve water quality throughout the region. Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to develop a program to meet Statewide Goal 5 requirements for inventorying riparian areas and wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13 (the regional Nature in Neighborhoods program). The Tualatin Basin Fish and Wildlife Habitat Program was developed to complement Clean Water Services Design and Constructions Standards to protect the beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin. The proposed amendment, specifically Goal 6.2 and its associated policies (see Exhibit A), will continue to ensure compliance with Tide 13 requirements and standards. Policies 1 and 2 provide clear direction that water quality is an important component of the community and the City will continue in partnership with other jurisdictions in the Tualatin Basin to ensure water quality standards are being met and programs being implemented. The remaining policies outline additional strategies the City will employ to improve the community's water quality and limit pollution from stormwater run-off. The proposed amendment, specifically Goal 8.1 and its associated policies (see Exhibit A), identifies parks, open space, and natural areas as having wildlife habitat value. Policy 6 directs the City to acquire and manage open space specifically for protection of natural resources. Policy 19 directs the City to maintain and manage parks and open space in ways that preserve, protect, and restore natural resources,including rare or state and federally listed species. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 12 OF 22 • • THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES 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. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 2, 2007 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 —Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal S— Natural Resources This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. Findings: The proposed amendment is consistent with this goal as the proposed changes direct the City to protect open spaces and natural resources, as well as protect water quality and function that STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 13 OF 22 • • can lead to improved habitat conditions. This policy direction is an enhancement to Goal 5 protections already in place in the community. Proposed Goal 8.1 and its associated policies (see Exhibit A), identifies parks, open space, and natural areas as having wildlife habitat value. Policy 6 directs the City to acquire and manage open space specifically for protection of natural resources. Policy 19 directs the City to maintain and manage parks and open space in ways that preserve, protect, and restore natural resources, including rare or state and federally listed species. Proposed Goal 6.2 and its associated policies (see Exhibit A), provide clear direction that water quality is an important component of the community and the City will continue in partnership with other jurisdictions in the Tualatin Basin to ensure water quality standards are being met and programs being implemented. These policies also aim to minimize erosion, limit stormwater run- off impacts, educate the public about personal actions that cause water quality problems, and restore the natural function of riparian systems. All of these policies have the ability to improved water quality in the community and thus improve riparian and aquatic habitats. Statewide Planning Goal 6:Air, Water, and Land Resources Quality To maintain and improve the quality of the air,water, and land resources of the state. Findings: Current Comprehensive Plan Policies relating to Statewide Planning Goal 6 will be deleted and replaced in their entirety by proposed amendment Goals 6.1, 6.2, and 6.3 and their associated Policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 6 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a July 16, 2007 workshop. The Department of Land Conservation and Development, who oversees the Statewide Planning Program, was given the opportunity to comment and commended the City for undertaking such a thorough review of its Plan. The comments,in their entirety, can be found in Exhibit B. Statewide Planning Goal 8:Recreational Needs This goal aims to provide for the siting of facilities for the recreational needs of the citizens of the state and visitors. Findings: Current Comprehensive Plan Policies relating to Statewide Planning Goal 8 will be deleted and replaced in their entirety by proposed amendment Goals 8.1, 8.2, and 8.3 and their associated policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 8 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, reviewed by the Parks and Recreation Advisory Board, and reviewed by the Planning Commission at a July 16, 2007 workshop. The Department of Land Conservation and Development, who oversees the Statewide Planning Program, was given the opportunity to comment and commended the City for undertaking such a thorough review of its Plan.The comments,in their entirety, can be found in Exhibit B. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 14 OF 22 • • Statewide Planning Goal 9:Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to create a high-quality, livable community. High quality, livable communities contribute to economic vitality by attracting employers and employees who understand the importance of clean air, clean water, clean land resources, parks, recreation, trails, open spaces, and the need to conserve energy for future generations. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the efficient arrangement of public facilities and services. Updated policies address the provision of parks and recreation facilities, City infrastructure that improves air and water quality, and community government buildings that conserve energy. Statewide Planning Goal 12: Transportation The goal aims to provide "a safe, convenient and economic transportation system." Findings: The proposed Amendment is consistent with this goal as it provides policy direction that intends to diversify the City's transportation system by creating a trail system that serves the dual purpose of recreation and transportation. Policies relating to Goals 6.1 and 13.1 also promote the use of alternative forms of transportation (biking,walking, public transit) to improve air quality and conserve energy. Statewide Planning Goal 13:Energy Conservation Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based on sound economic principles. Findings: Current Comprehensive Plan Policies relating to Statewide Planning Goal 13 will be deleted and replaced in their entirety by proposed amendment Goal 13.1 and its associated policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 13 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a July 16, 2007 workshop. The Department of Land Conservation and Development, who oversees the Statewide Planning Program, was given the opportunity to comment and commended the City for undertaking such a thorough review of its Plan. The comments,in their entirety, can be found in Exhibit C. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 15 OF 22 • . SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Engineering Division, Current Planning Division, and Police Department has had an opportunity to review this proposal and did not respond. The City of Tigard's Public Works had an opportunity to review this proposal and offered the following comments. Under Water Resources Quality, Recommended Action Measure iv: we do inventory outfalls as part of implementing the Healthy Streams Plan so that may be a repeat and could be assumed if we are implementing Healthy Streams Plan. We have goals for outfall retrofitting and are implementing projects to do just that each and every year. Findings: Staff agrees with the comments and has added language "Continue to" to clarify this is an action that is already being implemented. Staff recommends leaving the action measure with the updated language. Under Water Resources Quality, Recommended Action Measure vi: I don't think it is a good idea to be a co-holder of the NPDES permit. Really all the cities in the basin are co- holders of the NPDES permit. The permit needs to be held by a single entity so there is a single point of compliance. I don't think it is a good idea to have Tigard singled out. CWS holds the permit because that was needed basin wide to clean up the Tualatin and its tributaries and there has been tremendous progress made. Also, we are at the very bottom of the basin and don't have control over what goes on upstream of us. Being a co- holder of the permit just doesn't make sense and makes us responsible for things outside of our jurisdiction and control. Findings: Staff agrees with the rational argument made for removing the Recommended Action Measure and has removed it from the language. All jurisdictions in the Tualatin basin collaborate with Clean Water Services in the management of the water resources within the basin and all have agreed to the NPDES permit structure that is currently in place. If and when conditions change and it is important for the cities to have their name on the permit, Tigard will collaborate once again. Staff recommends leaving Recommended Action Measure vi deleted from the proposal language. Consider adding an action measure to develop a program to collect and dispose of medicine to keep it out of our streams. Educate the public not to flush medicines. Findings: As this has become an important issue in urban streams around the region, Staff added Recommended Action Measure xiii and recommends leaving the language in the proposal. xiii.Educate the public about effects of flushing pharmaceuticals and develop a program to collect and properly dispose of them so they do not reach and contaminate our streams. CONCLUSION: Based on the analysis above, staff finds that the comments and subsequent edits to the proposed amendment are in the best interest of the City and recommends inclusion of the changes in the language of this proposal. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 16 OF 22 • • SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: Tualatin Hills Park and Recreation District Tualatin Valley Water District Clean Water Services City of Durham City of Beaverton City of King City City of Lake Oswego City of Portland City of Tualatin Clackamas County Planning Department Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Energy Oregon Department of Environmental Quality Oregon Department of Transportation, Region 1, District 2A Oregon Division of State Lands Tigard-Tualatin School District 23J TriMet Transit Development The Beaverton School District had an opportunity to review this proposal and have no objections. The Oregon Department of Land Conservation and Development (see Exhibit C) had an opportunity to review this proposal and offered the following comments: To the extent trails provide a transportation role as well as a recreation role, DLCD suggests that trails be incorporated into the upcoming plan update related to transportation. When the action of providing a trail addresses two public purposes — namely recreation and transportation— the City should highlight it and emphasize the dual benefit. Findings: The Transportation Chapter (Statewide Planning Goal 12) of the Tigard Comprehensive Plan update will incorporate trails as an important component of a multi-modal transportation system in the community. The City may want to reconsider the wording on action item 4.1.e under Air Quality. The actions taken to "reduce congestion" may or may not improve air quality. If "reduce congestion" is implemented through adding lanes to increase road capacity, more vehicles are on the road, and thus negatively affecting air quality. If "reduce congestion" is implemented by reducing vehicle miles traveled, then there is a positive impact on air quality. DLCD suggests the City clarify the intent of this action item. Findings: Recommended Action Measure v, under Goal 6.1, has been edited to include specific language clarifying the intent as stated by DLCD. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 17 OF 22 • • v. Pursue funding for . : --:: : :.- - . ; - - intersection improvements, access management controls, and intelligent transportation systems that would help to reduce congestion. • The City may want to have a further consideration on the Water Quality section. There is no mention of the regional program—Nature in Neighborhoods —even though it addresses both riparian corridor protection and water quality. The City may want to consider broadening its Comprehensive Plan language to recognize this regional program. Findings: Policies 1 and 2, under Goal 6.2, commit the City to implementing Titles 3 and 13 of the Metro Urban Growth Management Functional Plan. Language has also been added to the introduction for the Water Quality section that incorporates DLCD comments. The Oregon Department of Fish and Wildlife (see Exhibit D) had an opportunity to review this proposal and offered the following comments: Add the following items to the list of Recommended Action Measures under Air Resources Quality: "Work with the Tree Board to develop an urban tree management and protection program that increases the canopy cover in Tigard." Findings: Recommended Action Measure iii, under Goal 6.2, contains this exact language and staff recommends it redundant to include it twice. A Policy Interest Team has also been meeting with the Tigard Tree Board to develop goals, policies, and recommended action measures specific to trees. "Perform a survey of tree canopy cover to evaluate existing canopy cover conditions and identify needs and opportunities for increasing tree canopy cover." Findings: A Policy Interest Team has been meeting with the Tigard Tree Board to develop goals, policies, and recommended action measures specific to trees. Staff recommends allowing these issues to be addressed through that process. Revise Policy 4 for Water Resources Quality to remove the language "to the extent practical". Findings: The language was developed through the work of the Policy Interest Team and their intent was to provide some flexibility for the City because of funding issues and physical geography that could be barriers to restoration. Staff recommends leaving the language in order to avoid possible legalities over whether the City's policy is to protect, restore, and enhance all natural functions. Revise Policy 6 for Water Resources Quality to include commercial and industrial operators. Findings: Staff recommends incorporating the language into the policy to read: 6. The City shall continue to collaborate on educating the public of techniques and practices STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 18 OF 22 • • private individuals, businesses, and industrial operators can employ to help correct water quality issues. Revise Policy 7 for Water Resources Quality to include eco roofs. Findings: Policy 7 has been revised based on Planning Commission comments at the July 16th workshop to read "and other measures". Staff recommends leaving the language as is because it is adequate to encompass eco roofs. Add specific language to Water Resources Quality policies that states the City shall protect/maintain riparian buffers to at least 50 feet for non fish bearing streams and at least 100 feet for fish bearing streams. Buffer distances are to be measured on either side of stream centerline. Findings: City regulations currently protect the vegetated corridor as defined by the Clean Water Services Design and Construction Standards. These standards are applied basin-wide and provide a stream buffer ranging from 25 to 200 feet, depending on the geography of the particular stream. Staff recommends no changes as the measures in place have been adopted to comply with state, federal, and regional regulations and programs. Add specific language to Water Resources Quality policies that states the City shall support consideration of water quality when considering placement and design of recreational trails. Placement of trails should be avoided in areas prone to erosion to protect water quality. Findings: The Sensitive Lands Chapter 18.775 of the Community Development Code regulates development in sensitive areas. Staff recommends no policy be added as this issue is addressed through development review. Add specific language to Water Resources Quality policies that states the City shall promote and incorporate the use of pervious trail surfaces to protect water quality. Findings: Policy 2, under Goal 8.2, addresses the design of trails to minimize their impact on the environment. Staff recommends no additional policies be added to Water Resources Quality. Revise Recommended Action Measure v for Water Resources Quality to address restoration of wetland/riparian area function to increase filtration of contaminants and sediment with the intent of improving water quality. Findings: Policy 4, under Goal 6.2, addresses the restoration of wetland/riparian area for their positive contribution to water quality. Staff recommends not adding additional language at this time. Add specific language to Land Resources Quality policies that states the City shall provide incentives to households and commercial operators for recycling to reduce the amount of solid waste. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 19 OF 22 • • Findings: The City participates in a regional program for waste reduction. Staff recommends not adding specific policies to provide incentives, because of budgetary implications, but a recommended action measure to research a program such as this may be appropriate. Add the following key findings to the Goal 8: Parks: "Open spaces and natural areas can provide important wildlife habitat and wildlife movement corridors within urban areas." "Open spaces and natural areas are often where humans interface with wildlife. There are both potential benefits as well as potential risks with this. Appropriate Living with Wildlife practices can maximize public enjoyment of wildlife while minimizing potential conflicts." Findings: Staff agrees with the proposed findings, but recommends not including them within the Parks section. Statewide Planning Goal 5 deals with wildlife habitat and these issues will be addressed at that time. Add specific language to the Parks policies that states the City shall post signs in open spaces and natural areas to restrict dogs from entering designated areas. Findings: Staff recommends not including this as a policy, as it is more appropriate to address at a programmatic level. Add specific language to the Parks policies that states the City shall post signs in open spaces and natural areas to restrict dogs from entering designated areas. Findings: Staff recommends not including this as a policy, as it is more appropriate to address at a programmatic level. Add specific language to the Parks policies that states the City shall post signs in open spaces and natural areas that communicate that harassment and feeding of wildlife is prohibited. Findings: Staff recommends not including this as a policy, as it is more appropriate to address at a programmatic level. Add specific language to the Parks policies that states the City shall place trails outside open spaces and natural areas in areas where sensitive wildlife species are located. Findings: Policy 2, under Goal 8.2, addresses the design of trails to minimize their impact on the environment. Staff recommends no additional policies be added to Water Resources Quality. Revise Recommended Action Measure xxv for Parks to read: "Incorporate natural resources studies and monitoring in the City's management of public open spaces and related natural areas." Findings: The language 'When feasible and appropriate" was removed based on Policy Interest Team meetings and review by the Department Review Team. This comment has been accommodated. Staff recommends the updated version of the Recommended Action Measure. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 20 OF 22 • Add specific language to the Energy Conservation policies that provides incentives for new development to incorporate green building practices (solar panels, use of recycled materials, etc.). Findings: Recommended Action Measure iv directs the City to research and implement incentives. Staff recommends not adding specific policies to provide incentives, because of budgetary implications. Consider adding to the Energy Conservation chapter incentives and/or cost reduction for the use of public transportation. Findings: Staff recommends not adding specific policies to provide incentives, because of budgetary implications, but a recommended action measure to research a program such as this may be appropriate. Tualatin Valley Fire & Rescue (see Exhibit E) had an opportunity to review this proposal and offered the following comments: Include language encouraging the installation of automatic sprinkler systems in all buildings wherever and whenever possible. The benefits with regard to the Planning Goals are: • Less water use for fighting hostile fires within buildings or structures. Automatic sprinkler systems use a fraction of the water necessary to control or extinguish a fire within a building or structure. • Less contaminated runoff from firefighting operations polluting surrounding streams and wetlands. Findings: The City of Tigard currently complies with Oregon Fire Code that utilizes the NFPA 13: Standard for the Installation of Sprinklers (from the National Fire Protection Association) for the adopted code standards relating to the installation of sprinkler systems. If and when the standards change, the City will adopt and enforce those standards. Staff recommends not adding this language, as the City is currently enforcing standards developed at the national level. CONCLUSION: Based on the analysis above, staff finds that the comments and subsequent edits to the proposed amendment are in the best interest of the City and recommends inclusion of the changes in the language of this proposal. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. STAFF REPORT TO TI IE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 21 OF 22 • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: PUBLIC WORKS COMMENTS EXHIBIT C: DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT COMMENTS EXHIBIT D: OREGON DEPARTMENT OF FISH AND WILDLIFE COMMENTS EXHIBIT E: TUALATIN VALLEY FIRE AND RESCUE COMMENTS EXHIBIT F: DEFINITIONS 'a^ 5 August 13, 2007 P PARED BY: Darren Wyss DATE Associate Planner etArra r August 13, 2007 PPROVED BY: Ron Bunc DATE Planning Manager STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6,8,AND 13 PAGE 22 OF 22 • • Planning Commission Hearing, 8/20/07 Typo Correction Policy 8.1.2 The City shall acquire and, where appropriate, improve natural areas located within a half mile of every Tigard resident to provide passive recreational opportunities. Revisions Recommended by Sue Bielke Action Measure 8.1.xxxii: Include natural resource series surveys and monitoring in the City's management of public open spaces and related natural resources. Policy 8.2.2: The City shall design and build greenway trails and paths to minimize their impact on the environment, including and rare and state and federally listed species Revisions Recommend by Public Works Reinstate the following stricken phases: Action Measure 8.1.xxxii: When feasible and appropriate, Include natural resources studics surveys and monitoring in the City's management of public open spaces and related natural resources. Action Measure 8.1.xxxiii: Remove and control non-native plants, including noxious weeds, in natural areas, where feasible and appropriate. Action Measure 8.2.vii: ces arc available, Use automated systems to systematically map and document trail easements, right-of-way dedications, proposed alignments, and current trail locations. i/Irpin/duane/corm plan.park.dlcdc.staff changes I Duane Roberts- Re: Policy Adoption Proc • Page 1 From: "sbeilke" <sbeilke @europa.com> To: "Duane Roberts" <DUANE @tigard-or.gov>, <heather @coachheather.com>, <darpy @comcast.net>, <dnknesbitt@comcast.net>, <palmerli @comcast.net>, <rochellegis @comcast.net>, <SGRollins @comcast.net>, <blueberry165 @gmail.com>, <CFRJLR @gmail.com>, <tony.p.doan @gmail.com>, <carlswitzer @hotmail.com>, <huskyordie1 @hotmail.com>, <peter @jpstack.com>, <metroparks @metro.dst.or.us>, <admin @southsidesoccer.org>, <jfrewing @teleport.com>, <greg.bui @tigardll.org>, <jasminad @tmail.com>, <Doug @Vorwaller.com>, <finelytreaded @yahoo.com>, <melissasweet08 @ yahoo.com>, <pflotus @yahoo.com> Date: 8/17/2007 11:20:07 AM Subject: Re: Policy Adoption Process Duane, I reviewed the attachments and have a few comments. - Under Goals and Policies: #11, OK with changing the wording using the blue highlighted verbage. #13, originally the wording we added was "including rare, state and federally listed species. Somewhere along the line"rare"was taken out but we never discussed this at any subsequent meetings. "Rare" includes species such as camas, white oaks, Willamette Valley Ponderosa Pine, Willamette Valley Daisy, etc. All species that have disappeared for the most part in most of the valley and are considered "rare" by the Nature Conservancy and other groups. I and my volunteers have conducted surveys throughout Tigard and also consider these species rare and thus deserving of extra attention and protection which benefits the resource as well as humans who can enjoy their beauty and other many benefits these species contribute. I have worked as a wildlife biologist in Oregon for 20 years now and they are"rare"and becoming more so each day as we loose open space. Nationally, we lose 6,000 acres of open space EVERY DAY! So, I would request at this time the word "rare" be reinstated. It will only make our parks and open spaces more special and unique for all to enjoy. I still would like to see 2b as a separate goal, since I still feel open spaces and natural resources are getting the short end of the stick in this section, but, that can be remedied under the natural resources section. If not, we will need to come back and rework the open spaces sections under this part of the Comp. Plan. - Under Action Measures, I am OK with your changed wording on#39 (what was #34), as highlighted in blue except for the word "studies", as we had had the word "surveys"there previously which is more appropriate in this case. Also OK with the changes under Maintenance and Operations. Thank you Duane for all the time and effort you put into this. Also thanks to all on our committe and all of the effort folks made to make the meetings and their input. Sue Beilke Director, The Biodiversity Project of Tigard —Original Message— From: "Duane Roberts" <DUANE @ tigard-or.gov> L Duane Roberts- Re: Policy Adoption Pro* • Page 2 To: <heather @coachheather.com>; <darpy @comcast.net>; <dnknesbitt@comcast.net>; <palmerli @comcast.net>; <rochellegis @comcast.net>; <SGRollins @comcast.net>; <sbeilke @europa.com>; <blueberry165 @gmail.com>; <CFRJLR @gmail.com>; <tony.p.doan @gmail.com>; <carlswitzer @hotmail.com>; <huskyordiel @hotmail.com>; <peter @jpstack.com>; <metroparks @metro.dst.or.us>; <admin @southsidesoccer.org>; <jfrewing @teleport.com>; <greg.bui @tigardll.org>; <jasminad @tmail.com>; <Doug @Vorwaller.com>; <finelytreaded @yahoo.com>; <melissasweet08 @ yahoo.com>; <pflotus @yahoo.com> Sent: Tuesday, August 14, 2007 5:12 PM Subject: Policy Adoption Process > Parks and Open Spaces Citizen Interest Team: >Attached in two different formats are the final parks goals, policies, > and action measures. The content is the same, with the exceptions noted > below. One version is the format we used to develop the goals and > policies. This is the same version I revised and email after our last > CIT meeting. Those who responded agreed with the proposed editorial >changes. >The other version is in the format used for the hearing and adoption > process. As you will see, the difference in content between the two >are strikeouts related to recreation program financial measures. The >city manager directed me to delete references to these measures. In some >cases, substitue language is proposed. The Staff Commentary in bold > intermingled with the crossed out material gives the reasons for the > changes. > Please let me know if you have any questions or note any discrepencies. >The Planning Commission hearing is on Monday, Aug. 20, starting at 7:00 > PM. PC will be making a recommendation to Counil on the proposed > policies. The hearing will include testimony from the public. >A Council workshop on the proposed policies is set for Tuesday, Sept >25th. The CC hearing date has not been set, as yet. > Duane Roberts > City of Tigard > 13125 SW Hall Blvd. >Tigard, OR 97223 >duane@tigard-or.gov > 503-718-2444 • • Tigard Tree Board Discussion Draft August 17, 2007 Concepts: Management and Preservation of Trees and Other Vegetation Background Statement and Goals, Policies, and Action Measures Discussion Draft Including Edits Approved by Tree Board August 15, 2007 BACKGROUND Statewide Planning Goal 2: Community Design - Trees and Other Vegetation Overview:Vegetation and its Importance Trees and other types of vegetation are integral to the quality of Tigard's urban and natural environments. Vegetation is valuable for its aesthetic qualities and contribution to air and water quality, stormwater retention, soil stability, and wildlife habitat. When appropriately used, trees can moderate temperatures by providing shade and windbreaks. Native and ornamental vegetation is also essential to the quality of the city's public realm including streets, parks and open spaces by providing a comfortable and aesthetic setting that provides habitat, increases property values, enhances community attractiveness and investment, and promotes human health and well-being. Trees and vegetation provide variation in color, texture,line and form that softens the hard geometry of the built environment. Much of the native vegetation in Tigard's City Limits and Urban Services Area (TUSA) has been displaced, first by agriculture and logging in the 19.h. century, and more recently by increasingly dense urban development. Competition from introduced invasive species such as English ivy, reed canary grass, and Himalayan blackberries has made it difficult for remaining native plant communities to thrive. However, many areas of environmentally significant vegetation still remain within the City Limits and TUSA. These natural resource sites include vegetation on steep slopes, within stream corridors, and along the Tualatin River,Fanno Creek and their tributaries, flood plains and wetlands. Tigard has many mature and outstanding native and non-native trees planted when the area was rural country-side in the latter half of the 19.'s.and early 20.`''.centuries. Additional trees were planted during the period of large lot residential subdivision development from the late 1940's through the 1970's, many of which survive to this day. The presence of mature trees lends to Tigard's sense of place and identity, increases the value of residential properties containing mature trees, and contributes to the overall economic prosperity of the community. Tree groves within Tigard's City Limits and Urban Services Area include coniferous and mixed deciduous/coniferous stands of trees. The area's remaining forested areas and tree groves are located mostly on steep hillsides, in or near wetlands, and along the Tualatin 1 • • Tigard Tree Board Discussion Draft August 17, 2007 River, Fanno Creek and other streams, and floodplains. Tree groves are valuable for wildlife habitat, recreation, and aesthetic resources. Forested areas also contribute to air quality, provide wildlife habitat, shade,and stabilize steep slopes. The Tigard area has both emergent wetlands, where grasses are the dominant plant community, and forested wetlands, which are dominated by trees and woody vegetation. Trees and other types of vegetation are essential for wetlands and stream corridors to perform the important natural functions of stormwater storage, improvement of water quality, erosion control,ground water recharge,and fish and wildlife habitat. Stream corridors are located throughout the Tigard area, and exist as a defining feature of Tigard's landscape. Vegetation within stream corridors lessens downstream flooding and benefits water quality by slowing runoff, preventing erosion, and filtering pollutants. Also, stream corridors provide vegetated corridors necessary for wildlife habitat, including travel and nesting. The presence of trees within stream corridors is a significant enhancement. Trees provide the shade necessary to maintain consistent water temperatures necessary for healthy stream ecology. Additionally, trees supply leaves and woody debris that improve channel stability,provide habitat structure,and contribute to a healthy food chain. In addition to natural areas, ornamental landscaping and street tree plantings exist on private and public property. This type of vegetation enhances the aesthetic character of Tigard and provides other benefits such as shade, wildlife habitat, enhanced property values, and buffering and screening between different types of land uses. Urban Heat Island Effect Buildings and paving, combined with low canopy and soil cover, increase the ambient temperature within urbanized areas. This phenomenon is also known as the urban heat island effect. According to research assembled by the USDA Forest Service in its publication Western Washington and Oregon Community Tree Guide: Benefits, Costs and Strategic Planning,for every 1°F increase in temperature within a city, there is a corresponding 1-2% increase in demand for electricity. Beyond additional strain on the power grid, warmer temperatures in urbanized areas have other implications. By increasing energy production, fossil fuel power plants increase their level of CO2 production and cooling water consumption, the level of municipal water consumption, creates unhealthy ozone levels, and threatens human health through increased risks of heatstroke and disease. In contrast, the presence of trees and greenspace within individual building sites may lower ambient air temperatures by as much as 5°F as compared to outside the greenspace. A robust urban forest can extend this effect across the city, modifying the urban climate and conserving building energy use through the provision of shade, the natural process of transpiration (converting moisture to water vapor, resulting in a cooling effect), and wind speed reduction which reduces the infiltration of outside air into climate controlled spaces. 2 • • Tigard Tree Board Discussion Draft August 17, 2007 Air and Water Quality Air and water quality are also enhanced by the presence of trees and other vegetation. Plants absorb gaseous pollutants (e.g. ozone, nitrogen oxides, and sulfur dioxide) through leaf surfaces, intercept particulate matter (dust, ash, pollen, smoke, diesel exhaust) dangerous to the health of human lungs,and release of oxygen through photosynthesis. In addition,lower air temperatures created through shade and transpiration reduces ozone levels, and hydrocarbon emissions from energy production, and slows the evaporation of gasoline from leaky fuel tanks and worn hoses (a principal component of smog). A healthy urban forest also reduces the amount of water runoff and pollutant loading. Leaves and branches intercept and store rainfall, thereby reducing runoff volumes and delaying the onset of peak flows. Root growth and decomposition of fallen leaves and branches increases the capacity and rate of soil infiltration by rainfall and reduces overland flow. Additionally, tree canopies and other types of vegetative cover reduces soil erosion by diminishing the impact of raindrops and surface water flow on barren surfaces Socioeconomic Benefits Views of trees and nature from homes, hospitals and places of employment provide restorative experiences that ease mental fatigue and facilitate healing. Desk workers with a view of nature report lower rates of sickness and greater satisfaction with their jobs when compared to similar workers with no view. Additionally, nature within cities appears to have a calming and restorative effect that reduces both short and long term stress to the body and mind. People in general show less stress response if they've had a recent view of trees and vegetation, and hospitalized patients with views of nature need less medication, sleep better, and have a better outlook than patients without connections to nature. According to research compiled by the USDA Center for Urban Forest Research, when given a choice consumers were willing to pay more to shop and live in areas containing trees and other vegetation in comparison to those without. In one study shoppers reported longer and more frequent trips to well landscaped business districts, and were willing to pay more for goods and services within those districts. Similarly, studies suggest that large and well-maintained trees in residential areas can enhance "curb appeal" by as much as 3-7% when comparing the sales price of properties with trees and similar properties without. VALUES AND RESOURCES INVENTORY Community surveys reveal that Tigard Citizens place high value on the protection of trees and are concerned about the impact of development upon existing tree resources. Community surveys conducted in 2004 and 2006 show that residents value their neighborhood as a suburban retreat, a place that allows for views of trees and other natural areas. The 2006 Community Attitudes Survey found "the protection of trees and natural resource areas" as rating the highest of all "livability" characteristics posed to the respondents, scoring 8.4 out of 10 points. Preservation of trees and other natural resources scored higher on resident's livability index than neighborhood traffic (8.2), maintaining 3 • • Tigard Tree Board Discussion Draft August 17, 2007 existing lot sizes (7.8), pedestrian and bike paths (7.7), and compatibility between existing and new development (7.6). This value is shared by residents of adjoining jurisdictions who have recently established, or begun significant updates to, their tree management ordinances. [Canopy cover measurements for 1996 and 2006 to be inserted here once completed] Staff Commentary: Long Range Planning is currently working with the Metro Data Resource Center to measure canopy cover in the years 1996 and 2006 using a consistent analytical protocol and at a level of detail not seen in existing surveys. Unlike the 2002 vegetative coverage survey which only identified land units of at least one acre in size, new software will allow the identification of individual trees. This will establish a record of historical change over the last 10 years, and a baseline for future comparison. This data will be inserted into this section once it has been completed. Existing vegetative coverage maps suggest a canopy cover of approximately 11% when counting units 1 acre or larger, staff anticipates a higher percentage of canopy cover to emerge from the new study. Existing Regulatory Environment and Management Programs Conditions and circumstances have significantly changed since the adoption of Tigard's Comprehensive Plan in 1983. Rapid urban development has resulted in a general perception that the city has experienced a significant loss of tree canopy, and other vegetation essential for wildlife habitat, erosion control, slope stability, water quality, air-quality, and community aesthetics. Driving this perception are METRO land use regulations, failed annexation efforts and changing market conditions are resulting in higher density development than was anticipated in 1983, further challenging the city to protect trees and canopy cover while accommodating new development. Additionally, the City does not currently have a comprehensive tree management and urban forest enhancement program to address these issues in a unified and consistent manner. As a result there is general feeling among residents, developers, and other stakeholders that the existing regulatory structure is not adequate and hinders both the protection of trees and the orderly urbanization of the city. As a result significant regulatory changes are desired by the environmental community, residents and developers. The City has historically relied upon its Development Code to manage and protect trees, particularly heritage trees and those located within steep slopes,wetlands, and other sensitive lands. In addition, trees within vegetated corridors surrounding wetlands, riparian corridors, and other natural bodies of water are also protected by Clean Water Services as part of their stormwater management program. These regulatory structures fife may not be sufficient. as significant trees outside of those areas are not protected unless a development action is pending, or prior conditions of development approval designated the affected tree(s) for future protection. As a result the existing regulatory structure does not encompass a significant number of trees across the city, which may be removed by the property owner without City consultation or permit. Additionally, because the city does not have a comprehensive tree removal consultation or permit system, protected trees have been removed as a result of ignorance or disregard of city regulations and protections. 4 • • Tigard Tree Board Discussion Draft August 17, 2007 At present the city is currently unable to fully respond to stakeholder desires and changing environmental conditions as the existing Comprehensive Plan does not provide the legislative basis to develop enhanced standards and programs. Consequently the City must update the Comprehensive Plan by establishing relevant goals, policies, action measures to enable the development of adequate and comprehensive regulatory tools and forest enhancement programs. In partnership with Clean Water Services, the City of Tigard is midway through a series of stream restoration and enhancement projects intended to improve water quality, reduce erosion, and provide shade, structure and food sources to fish and other wildlife. Projects currently underway within the City's floodplains and riparian areas will result in the planting of approximately 100,000 native trees over a 10 year period (Fiscal Years 2001-2011). Additionally over the last six years the City has planted an average of 50 street trees per year, 25 trees each arbor day,and 250 trees in parks,water quality sites, and other areas. KEY FINDINGS [key findings to be summarized once the background section is finalized] GOAL, POLICIES AND ACTION MEASURES GOALS 1. To enlarge, improve, and sustain the existing urban tree canopy and other vegetative cover within the Tigard City Limits and Urban Scrvicc3 Arca to obtain the economic, ecological,and social benefit of trees and other vegetation. Staff Commentary:The reference to City Limits and the Urban Services Area was originally added and is now removed by Staff as the applicability of Goals will be discussed in other sections of the Comprehensive Plan. POLICIES 1. The City shall maintain and periodically update policies, regulations and standards to inventory, manage, preserve and enhance the community's tree and vegetation resources to promote their environmental, aesthetic and economic benefits. 2. The City's various codes, regulations, standards and programs relating to landscaping, site development, and tree management shall be consistent with, and supportive of,one another. 3. The City shall require all development to minimize impacts on existing tree cover, with priority given to native trees and non-native varietals that are long lived and/or provide a broad canopy spread, and associated vegetation before, during and after construction. Removal of trees shall be mitigated, with priority given to the preservation of existing trees over mitigation. 5 • • Tigard Tree Board Discussion Draft August 17, 2007 4. The City shall manage tree and vegetation removal, and related restoration activities within environmentally sensitive lands and on lands subject to natural hazards. 5. The City shall address public safety concerns by ensuring ways to prevent and resolve verified tree related hazards in a timely manner. Staff Commentary:The Board expressed a desire to see the terms "hazardous tree" and "public safety"defined as there was a concern that the city may be obligating itself to address private disputes in addition to true "public"hazards. . 6. The City shall require and enforce the mitigation of the aesthetic and environmental impacts of impervious surfaces such as paved areas and rooftops through the use of trees and other vegetation. Staff Commentary: The Tree Board expressed a desire to see the phrase `aesthetic impact"defined. 7. The City shall ensure that street design and land use standards provide ample room for the planting of trees and other vegetation, including the use of flexible and incentive based development standards. 8. The City shall allow and require consideration of appropriate flexibility in site design to allow tree preservation and planting in areas where survival will more likely occur, particularly for trees that will grow large, including long-lived evergreens and broad spreading deciduous varieties. 9. The City shall require all new development, including City projects to develop a plan to preserve, install and maintain trees and other landscaping as part of land development approval, with the chosen trees and other plant materials appropriate for the site conditions. 10. The City shall require the installation of street trees, unless demonstrated infeasible, on all new roads or road enhancement projects. Trees should be planted within planter strips, or at the back of sidewalks if planter strips are not feasible or would prohibit the preservation of existing trees. Staff Commentary; The language of this policy was inserted to clarify the intent of the policy. The City shall require the installation of street trees, but will not install them for private projects as described in the original language. 11. The City shall establish and enforce regulations to protect the public's investment in trees and vegetation located in parks, within right-of-ways and on other public lands and easements. 6 • • Tigard Tree Board Discussion Draft August 17, 2007 12. The City's shall conduct an ongoing tree and urban forest enhancement program to improve the aesthetic experience, environmental quality, and economic value of Tigard's streets and neighborhoods. 13. The City shall cooperate with property owners other jurisdictions, agencies, utilities, and non-governmental entities to manage and preserve street trees, wetlands, steam corridors, riparian areas, tree groves, specimen and heritage trees, and other significant vegetation within Tigard's City Limits and Urban Services Area. 14. The City shall continue to work with property owners to promote the preservation of large trees, tree groves, and historic individual trees, through the City's Heritage Tree Program and/or other methods as appropriate. 15. The City shall continue to maintain and periodically update approved tree lists for specific applications and site conditions, such as street trees, parking lot trees, and trees for wetland and riparian areas. These lists should emphasize native species, but allow flexibility to choose a wide variety of species that are proven suitable for local climate conditions and for specific uses and locations. 16. The City shall protect, preserve and enhance the scenic and environmental qualities of Tigard's trees and vegetation, such as along creeks and rivers, and as scenic backdrops on hills and ravines. 17. The City shall support efforts by community groups and neighborhoods to plant trees and undertake other projects, such as restoration of wetlands and stream corridors. 18. City regulations, standards and programs shall emphasize, where site conditions allow, the planting of trees that will grow large, including long-lived evergreens and broad spreading deciduous varieties. 19. The City shall prohibit the use or retention of nuisance and invasive trees and other plants through the development review process. Additionally, the City shall maintain a list of nuisance and invasive plants, discourage the sale and propagation of these plant materials,and promote their removal. Staff Commentary: The Board requested the phrase "nuisance and invasive"being defined. 20. Require development to preserve the cohesive quality of tree groves. Staff Commentary: The Board requested a definition of"tree grove"for the purposes of this policy. Such a definition could define groves in terms such as number of trees, their status as focal points, defined ecological units, or some combination thereof 21. Require, as appropriate,the use of trees and other vegetation as buffering between uses. 7 • • Tigard Tree Board Discussion Draft August 17, 2007 Staff Commentary:This qualification was added after discussion of scenarios where nonliving forms of buffers, such as concrete or masonry walls, would be more appropriate or feasible. RECOMMENDED ACTION MEASURES 1. Develop and implement a comprehensive and coordinated update and enhancement of all tree related regulations, standards, programs, and plans, including the development of a citywide Urban Forestry Management Master Plan that will establish measurable goals, standards and guide City actions regarding the Urban Forest. 2. Develop and implement an inspection and enforcement program that will ensure ongoing maintenance of trees and other vegetation required as part of development approval. 3. Develop and implement an inspection and enforcement program that will ensure non-development related tree management and removal complies with the City's landscape standards and tree protection ordinances. 4.. Develop, implement, and require consideration of regulations, standards, penalties and incentives that will allow developers to transfer density, seek variances or adjustments, or utilize planned development procedures to preserve trees and/or maintain natural open space. 5. Inventory and evaluate street tree, parking lot and landscape area plantings that have failed due to inadequately sized planter strips, and determine if street trees can be planted elsewhere in the right-of-way, or on private property. 6. Develop and maintain, as part of the City's GIS and permit systems, a publicly accessible inventory of tree plantings, removals, and the state of the City's urban forest. 7. Utilize impartial certified arborists as early as possible in the Development Review process that will provide advice about how to properly address and resolve tree protection issues. 8. Develop and distribute educational materials and programs regarding City policies, regulations, and good arboricultural practices for the general public, developers and city staff regarding tree planting, maintenance,and protection. 9. Identify and require consideration of new incentives and penalties that will encourage developers to preserve trees and other significant vegetation. 8 • • Tigard Tree Board Discussion Draft August 17, 2007 10. Encourage and promote the removal of nuisance/invasive plants, and the installation of trees and landscaping that are low maintenance, drought tolerant, and require minimal chemical applications. 11. Develop tree-mitigation regulations and standards to guide the City in assessing fees or compelling compensatory action resulting from violation of its tree protection standards and/or conditions of development approval. • 9 • • • It MEMORANDUM IP TIGARD 202? TO: Planning Commission FROM: Marissa Daniels, Assistant Planner RE: Hazards Comprehensive Plan Work Session DATE: August 13, 2007 At the August 20`h Planning Commission meeting, staff will present the draft goals, policies, and action measures of the Hazards section for Planning Commission review, discussion, and editing. The draft goals,policies, and action measures were created based on a number of activities and include: • Tigard Beyond Tomorrow Visioning Process • Community surveys over the past several years • Tigard 2007 Resource Report • Citizen review of draft goals at two Comprehensive Plan open houses • Citizen input at Policy Interest Team meetings These draft goals,policies, and action measures are intended to reflect the community's values and aspirations for land use planning. They also aim to organize and coordinate the relationships between people, land,resources, and facilities to meet the current and future needs of Tigard. This meeting gives the Planning Commission the opportunity to ask questions of staff on the concepts or content of the language that is included in the draft goals,policies, and action measures. This is also the appropriate time to evaluate the citizen input versus the views of the Commission on what it ultimately recommends to City Council. The intended outcome of the meeting would be a consensus on the final draft goals, policies, and action measures that will be brought before the Planning Commission for a public hearing on September 17t. To meet this timeline, a thorough review of the materials before the meeting,with questions ready,will help to ensure a focused review and discussion that is efficient. If unable to finish the review during the August 20th meeting, it will continue to the September 17t meeting. Remember, staff is available to answer any questions that you may have leading up to the meeting and we encourage you to call or email. Getting all questions answered and the appropriate information to help with the discussion will eliminate the need to schedule additional meetings throughout the process of updating the Comprehensive Plan. 1 • For questions on the Hazards chapter,please contact Marissa Daniels at 503-718-2428 or Marissa @tigard-or.gov. The attached material for each of the topics includes: • Draft Hazards chapter including key findings from the Tigard 2007 Resource Report,goals, policies, and action measures • "Building blocks" based on the Tigard 2007 Resource Report,visioning process, and surveys that were used with the Policy Interest Teams to provide them with a structure to help develop draft policies. Additions/comments from citizens are color coded by the meeting date. • Community Issues/Values gleaned from the visioning process and community surveys • Text from the current Comprehensive Plan to be deleted when the new goals,policies, and action measures are adopted by City Council • Staff input at Department Review Team meetings To date, the opinions expressed by the Policy Interest Team have been in agreement with the professional opinion of staff on all but two issues. The first issue is the way in which we define high hazard areas. The Hazards Policy Interest Team prefers that hazard areas be defined by map for all hazards. Currently, the floodplain is defined by FEMA map and landslide prone areas are defined by text. Staff recommends against defining hazard areas by map as map error and map scale may interfere with the accuracy of hazardous conditions. In the attached draft Hazards chapter, flooding and wildfire hazards are defined by map and landslides are defined by text. The second issue is the formation of a hazards home inspection program. It has been proposed by the Policy Interest Team that the building department offer home inspections to property owners to check for possible vulnerability to natural hazards. At this time, the building department does not have the expertise to evaluate homes on this level. In many cases, a geotechnical or structural engineer will be necessary to determine whether a home is truly at risk. Implementing this program will require the creation of one or more new positions. Staff has also expressed concern about the liability involved in determining whether or not a home is at risk of natural hazards. Please note, hazards response is not covered in this chapter. Response will be included in the Public Safety section of the Public Facilities chapter. Included below are some definitions that may be helpful to your review: Goal Definition -A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. 2 • • Policy Definition-A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation-The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use such as public facility plans, and zoning and development standards or show cause why the Comprehensive Plan should be amended consistent with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. However, in the instance where specific plan policies appear to be conflicting, the City shall seek solutions which maximize each applicable policy objective within the overall context of the Comprehensive Plan and Statewide Goals.As part of this balancing and weighing process, the City shall consider whether the policy contains mandatory language (e.g., shall,require) or more discretionary language (e.g.,may, encourage). Recommended Action Measures Definition -A statement which outlines a specific City project or standard which,if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies,will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. 3 l 1 I' s