Loading...
03/17/2008 - Packet • V • . . TIGARD City of Tigard Planning Commission — Agenda MEETING DATE: March 17, 2008, 7:00 p.m. MEETING LOCATION: Tigard Civic Center, Town Hall 13135 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. APPROVE MINUTES 7:10 p.m. 5. WORKSHOP WITH TREE BOARD 7:15 p.m. 6. WORKSHOP WITH LAND USE POLICY INTEREST TEAM 8:30 p.m. 7. OTHER BUSINESS 9:40 p.m. 8. ADJOURNMENT 9:45 p.m. PLANNING COMMISSION AGENDA- MARCH 17, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 ofl • Tigard Planning Commission - Roll Call Hearing Date: 3 `( 1 Starting Time: 1 ',05 ?/`A COMMISSIONERS: f/ Jodie Inman (President) Tom Anderson Rex Caffall Margaret Doherty Karen Fishel Stuart Hasman Matthew Muldoon Jeremy Vermilyea Il David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher 4--"Ion Bunch Cheryl Caines vohn Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas L . Darren Wyss Phil Nachbar Marissa Daniels • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 17, 2008 1. CALL TO ORDER President Inman called the meeting to order at 7:05 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, Fishel, Hasman, Muldoon, and Walsh Commissioners Absent: Doherty,Vermilyea Staff Present Ron Bunch,Assistant Community Development Director;Darren Wyss, Associate Planner;John Floyd,Associate Planner;Todd Prager, City Arborist; Doreen Laughlin,Administrative Specialist II 3. COMMUNICATIONS None 4. APPROVE MEETING MINUTES There was a motion by Commissioner Fishel, seconded by Commissioner Muldoon, to approve the March 3, 2008, meeting minutes as submitted. The motion carried as follows: AYES: Anderson, Caffall,Fishel, Inman, Muldoon,Walsh, NAYS: None ABSTENTIONS: Commissioner Hasman EXCUSED: Commissioners Doherty and Vermilyea 5. WORKSHOP WITH THE TREE BOARD Associate planner,John Floyd, introduced himself,Ron Bunch,Assistant Community Development Director; and Todd Prager, the City Arborist. He also introduced the tree board members. Tree Board Members present: Kandace Horlings, Matt Clemo,Janet Gillis, Rob Callan, Dennis Sizemore, and Tony Tycer PLANNING COMMISSION MEETING MINUTES—March 17,2008—Page 1 I:11.1/PLMD0reen1PCWPC Minutes 200811PC 3-17-08 Planning Commission_20080317-1738_01c88855bf1cea00.doc • Floyd went over his power point presentation (Exhibit A). He gave the background of the Land Use Chapter (Goal 2) and spoke about why there is a "Tree" chapter. He talked about the role of the Tree Board and addressed the concerns of the HBA (Homebuilders Association). He spoke about the next steps and future work. He noted a public hearing would be held April 7 and Council consideration would be on June 3. Floyd finished his presentation, at which time President Inman opened up the meeting to discussion of the goals. Some of the questions and comments from the Planning Commissioners for staff and the tree board follow. Answers from staff/ tree board are in italics: Goal #1: There was a question regarding the phrase "associated vegetation"- is that new or has it always been there? Staff: It's been there. We will talk more about that later, in context. As the Tree Boards Planning Commission liaison, Commissioner Walsh commented that the Board had discussed at length what "associated vegetation" is and that it is whatever vegetation the trees impact. Goal #2: President Inman commented: "I get the feeling goal two is focused on the negative. I would prefer to see something looking forward. In reference to the 2nd part of the goal `development that minimizes the loss of existing trees and associated vegetation and creates a living legacy for future generations' - the last piece of that sentence has as much to do with appropriate planting and moving forward as it does with protecting what we already have. I believe there should be something that gives more weight to the bigger picture — the other side of the coin - what can we do to create an appropriate living legacy— not just hold on to what's already there. I'm concerned the goal sounds like it sways towards minimizing the loss of existing and doesn't capture the desire to promote the future." Tree Board: The Tree Board has been looking at this as a general statement and is trying to keep it a broad statement The Tree Board went over this several times and we were focusing on the `well-designed urban development'which would incorporate the future with development and that it be a low impact on design on natural resources. Some of the other policies got a little more into whatyou're looking for. John Floyd followed up on goal 2. He noted that it originally started as a proposal by the HBA — the language evolved from their original comments but the HBA wanted recognition that development would occur and that we're not saying "You can't build on this land." This goal is trying to balance the right of people to develop their property but also trying to minimize the loss of trees to create that legacy. This goal has gone through a series of evolution. The negativity you speak of is really a statement of the document saying "development will occur." I believe the homebuilders were concerned that this section may be construed as putting trees above all else. I think the goal is trying to balance that as well. I want the commissioners to understand the history of that goal. PLANNING COMDIISSION MEETING MINUTES—March 17,2008—Page 2 LuRPLMDoreenlPC1PC Minutes 20081TPC 3-17-08 Planning Cortmission_20080317-1738_01c88855b11cea00.doc • There were no other comments on goal 2. At this point, they went over the policies one by one and commented on, or asked questions regarding, these policies. There were no comments until they got to policy 4, at which point the question came up regarding the way the policy is worded— "the City shall protect major understory vegetation"... the concern is that is strong language... in other words —if you protect the tree, you have to protect the understory that goes with it. That may or may not limit our ability, or hamper some of the ability to keep some trees. Staff: Your point is well taken. The main goal of this policy is to protect the trees health throughout the whole development process. We may need to tweak the poliy. At this point Tony Tycer, speaking as a tree board member and as one who runs a tree service, explained about interlocking roots and the dynamic where the soil will heat up to a certain point where the tree will simply not have the biochemistry to survive. "You're going to find a number of dynamics at play— they're listed as "A through D" under Policy 4 but you also find other soil ph impacts." At Policy 7 - "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." The question was asked, "Where are you going with this? What is the background? I'm not quite sure what to read from it." Tree board: We wanted, in part, to create an area where some alternatives would exist to impervious surfaces, which just result in straight runoff Cost Co was used as an example of islands being made that weren't big enough to sustain the planted trees. It was noted also that Cost Co was a good partner in this process and went forward and did a good job of taking care of it. That's an example of why we got to the discussion of polio, 7. It was decided that some wordsmithing needed to be done on this policy. Ron Bunch agreed to work on doing that and came up with the following: "The City shall require and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation." The commissioners went through the rest of the policies and recommended action measures with more comments and questions. At recommended action measure #v—it was mentioned that the words "failed to thrive" could use some work. President Inman closed the workshop on trees at 8:20pm. PLANNING COMMISSION MEETING MINUTES—March 17,2008—Page 3 I:LLRPLMDoreen1PClPC Minutes 20081TPC 3-17-08 Planning Commiss4on_20080317-1738_01raaa5SO11eea00.doe • • At this point, Inman opened the meeting up for comments from the public. Some of the discussion topics brought up by the public present were: o The cost of tree fees. o The importance of saving the right trees — It was noted that some simply are not of the quality to be saved. They will eventually die and actually can become dangerous by blowing over. o The fact that it is to the builders own advantage to save trees whenever they possibly can. They noted that property is worth more if there are good, mature trees on it; however, they emphasized that the trees that are saved need to be worth saving i.e. healthy and safe. o The importance of reforesting. o That emphasis should be on incentives to preserve trees rather than punitive. Inman closed the time for public comments and the commission took a five-minute break. 6. WORKSHOP WITH LAND USE POLICY INTEREST TEAM Policy Interest Team Members Present: John Frewing Associate Planner, Darren Wyss, recapped what had been done so far. He noted that there had been two joint Planning Commission / Policy Interest Team (PIT) meetings and that they'd worked through the Building Block exercise. Based on that exercise and PIT comments, policies and recommended action measures were drafted (included in packet). He said he wanted to use this time to discuss the language, get some questions answered, and bring it back for a public hearing after the discussion. President Inman opened up the discussion asking if there were questions or comments on the goals, policies or recommended action measures. She went through each policy, one by one, asking for comments. There were no comments until they got to the following policies: Policy 8: "I'd like to see perhaps a write in... something that would allow a development agreement between the City and the developer, or that gives some `out' in this type of situation. I'd like to see something that is not so `absolute' and allows for some flexibility." Policy 10: Policy 10 appears to leave the door wide open for `anything and everything' and he wanted more clarity. He said he would like some action measures referencing traffic and environmental hazards associated with this policy. Staff said they could do that. Policy 11: "Policy 11 sites A thru E. Is that an exclusive list?" No, it is not. These are "such as" — there may be some other things. PLANNING COMMISSION MEETING MINUTES—March 17,2008—Page 4 I:tRPLenDoreenlPC1PC Minutes 200817PC 3.17-08 Planning Commission20080317-1738_01c88855Gflcea00.aoc . • Policy 12: "I'm thinking the language is too broad, and the `what ifs' could distract from what we're trying to do." We're required to do a 20 year public facilio plan and by the time we get beyond 5 to 10 years we really are in the range of`what ifs'and we leave the door open. Every public faciA0 plan I've worked on has left the door open for significant change. Ifyou're uncomfortable with this policy. then it could be an action measure. "I'm okay with it." Policy 14: There was concern about the language being possibly misinterpreted. After much discussion, it was decided that this would be passed through the City Attorney. Policy 21: Is this in concert with other parts of the Comprehensive Plan? Yes, it is also consistent with statewide planning goal, which dictates how we protect natural resources through the land use planning process. Policy 22: The definition of"quality of life" - what is that? That is a very broad statement. It's intended to provide a big latitude for the development of standards or regulations to address things like design regulations, tree protection, wetlands protection, so forth. I can understand why it raises concern. It's very subjective... After considering this—it's so broad. I think other statements really do take care of this issue. So let's just take that one away. This concluded the discussion on policies. Inman then asked for questions or comments on the recommended action measures. There was a question on action measure xii. "Work with the appropriate agencies to review the protocol used in determining development impacts..." Review the protocol? Yes. Clean Water Services,for example, has a specific protocol that they use, or methodologies, or processes they use to review development impacts and so—sometimes those work for us, sometimes they don't. Same thing with the Dept of Environmental Quali y,Army Corp or Engineers... so— it's reviewing and being involved with the procedures as long as it meshes with our land use program. If that word doesn't work— we could just use "to review the methods used in determining development impacts"rather than "protocol" At this time, Inman opened the meeting up to public comment. John Frewing made some comments regarding the only land use goal basically being to maintain an up-to-date set of documents and that, so far as he's concerned,isn't a good enough goal. He also made mention of the need for an open space overlay. 7. OTHER BUSINESS President Inman said she'd asked Todd Prager, the City Arborist, to send the Planning Director's Interpretation of a section of the current Tree Removal Chapter (18.790) of the Development Code. [The following day, Prager emailed the commission the Director's Interpretation, as well as the appeal filed by the Home Builder's Association]. PLANNING COMMISSION MEETING MINUTES—March 17,2008—Page 5 I:I APLMDoreenlPC1PC Minutes 20081TPC 3-17-08 Planning Commission-20080317-1738_01c888550fl cea00.doc • • It was noted the next meeting would be held on April 7 and will have two public hearings—one on trees, and one on land use. 8. ADJOURNMENT President Inman adjourned the meeting at 9:53 pm. Doreen Laughlin,Administrativ- .,-cialist II ATTEST: President Jodie Inman PLANNLNG COMrIISSION MRFTING MINUTES—March 17,2008—Page 6 I:LLRPWlDoreenlPC■PC Minutes 2008%7PC 3-17-08 Planning Commission_20080317-1738_01c88855011cea00.0oc • • EXHIBIT A Tigard 's Urban Forest Comprehensive Plan Amendment 2008-00002 March 17, 2008 John Floyd, Associate Planner Todd Prager, Arborist Background • Subsection of Land Use Chapter (Goal 2) • Partial Fulfillment of Council Resolution 07-30 (Interim Charge Statement for Tree Board) • Fulfills Planning Commission decision on December 11 , 2006 to wrap previous tree code updates into Comp Plan Update 1 • S Why Tree Chapter • Defining feature of Tigard • Extensive literature exists on the public value and contributions of mature and well-managed trees • Community surveys reveal strong support for protection of existing trees (84% approval) • Homebuilders and Residents desire change in existing regulatory structure Role of Tree Board • Tasked by Council to develop and recommend updates to the Comp Plan • Held 20+ public meetings, including joint meeting with Planning Commission in October 2007 • Consensus based approach • Considered substantial public input 2 Why not Goal 5? • Trees provide benefits beyond natural resource systems (economic, social, stormwater management, temperature moderation, etc.) • Not every tree creates high-quality habitat or contributes to wetland and riparian processes • The Natural Resources Chapter will address trees that contribute to natural resource systems. HBA General Concern #1 • Desire specific exemptions from existing mitigation requirements (i.e. trees located in road right-of-ways, driveways, building pads) • Staff Response: — Inappropriate level of detail for Comprehensive Plan — Changes to existing protection/mitigation structure should be done in a comprehensive manner — Recommended Action Measure "i" and Council Resolution 07-30 identify and require a comprehensive and coordinated update of all tree related regulations, standards, programs and plans. 3 w S HBA General Concern #2 • Concerned that draft goals and policies would compromise or deny development rights on residentially zoned land • Staff Response: — Goals and Policies emphasize minimization of tree removal and focused preservation, not absolute protection for all trees — Policies mandates the availability of flexible and incentive based protection and planting standards — Refinement of 18.790.030(A) that states "Protection is preferred over removal wherever possible." Next Steps & Future Work • Planning Commission to hold Public Hearing on April 7 • Consideration by Council on June 3 • Interim tree regulations may be developed to temporarily bridge the gap between existing and future regulations 4 . • • • • II Next Steps Continued • Tree Board and Staff will prepare draft amendments to municipal/development codes — In coordination with Planning Commission and Committee for Citizen Involvement — Will include substantial public outreach to notify affected stakeholders, identify options, and develop a regulatory scheme appropriate for Tigard — Historical Tree Canopy Analysis is underway and will inform code update — Both mitigation and protection strategies to be revisited • Next Steps Continued • General recommendations will be developed by the Tree Board regarding Management of Tigard's Urban Forest • Land use densities will also be reviewed as the Comp Plan is implemented 5 • �� MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: John Floyd, Associate Planner RE: Urban Forest Workshop DATE: March 7, 2007 At the March 17 Planning Commission meeting, staff will present the draft background statement and goals, policies, and recommended action measures for the Urban Forest Comprehensive Plan subchapter for Planning Commission review, discussion, and editing. The draft language was formally recommended by the Tree Board to the Planning Commission at their regular meeting of February 20. This language is founded,in part, on the following sources: • The Tigard Beyond Tomorrow Visioning Process • Community surveys over the past several years • Council Direction provided in Council Resolution 07-30 • Tree Board Input and Review developed over the course of 21 meetings • Joint meeting between the Planning Commission and Tree Board in October 2007 • Public Comments received at Tree Board and Planning Commission Meetings These draft goals, policies, and recommended 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, and resources to meet the current and future needs of Tigard. The Tree Board and staff have received substantial public interest and comment from a variety of community stakeholders interested in how the City addresses the Urban Forest. At the March 17 workshop, staff will present a summary of these comments and how the recommended language is consistent or divergent with suggestions made by members of the public and why. 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 recommended action measures. This is also the appropriate time to evaluate the Tree Board's recommendation versus the views of the Commission on what it ultimately recommends to City Council, as members of the Tree Board will be present to answer questions. The intended outcome of the meeting would be a consensus on the final draft background, goals, policies, and recommended action measures that will be brought before the Planning Commission for a public hearing on April 7. 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. 1 ! ! Remember, staff is available to answer any questions or concerns that you may have leading up to the meeting. We encourage you to call or email us to ensure a productive meeting. Please contact John Floyd at 503-718-2429 or johnfl @tigard-or.gov with questions, comments, or concerns relating to this agenda item. The attached material for this topic includes: • Draft background information,goals,policies, and recommended action measures • Draft comprehensive plan definitions pertaining to trees and the urban forest • Council Resolution 07-30 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. 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. 2 • • 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 • • Comprehensive Plan Amendment: Tigard's Urban Forest Background Statement and Goals, Policies, and Action Measures BACKGROUND Statewide Planning Goal 2: Community Design - Trees and Other Vegetation A defining community feature of Tigard is its urban forest. Unlike natural forests or managed timberland,Tigard's urban forest is a mosaic of native forest remnants and planted landscape elements interspersed with buildings, roads and other urban infrastructure. The protection, management, and enhancement of this resource is important not only for Tigard's aesthetic identify and sense of place, but for the social, ecological, and economic services it provides to the community. Overview Trees and other types of vegetation are integral to the quality of Tigard's aesthetic, economic, and natural environments. Plants provide variation in color,texture,line and form that softens the hard geometry of the built environment. They also enhance the public and private realm through the provision of shade from the sun and wind, providing habitat for birds and wildlife, enhancing community attractiveness and investment, improving water quality and soil stability,and promoting human health and well-being. Tigard's trees and native plant communities have experienced significant disruption and displacement, first by agriculture and logging in the 19t century, and by increasingly dense urban development in the 2061 Century. 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, remnant stands of native tree and associated plant communities still remain within the City Limits. Trees are important members and contributors to natural resource systems including upland habitat areas and plant communities, and functioning riparian corridors including the Tualatin River, Fanno Creek and its tributaries, and their adjacent flood plains and wetlands. In addition to remnants of the native forest, Tigard possesses a large number of mature and outstanding specimens of native and non-native trees planted when the area was rural country-side in the late 19th and early 20th centuries. Aerial photos demonstrate that increasingly more trees were planted on both public and private property during a period of large lot residential subdivision development from the late 1940's through the 1970's, many of which survive to this day. Relevant Urban Forestry Research A significant body of research exists on the functional contributions of trees to both the human and natural environments, and the public benefits and value created by a well- managed urban forest. Significant findings applicable to Tigard are summarized below, with citations contained at the end of this chapter. Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 1 • Energy Efficiency 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. 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. Air Quality Enhancement Air quality is enhanced by the presence of trees and associated vegetation. Plants absorb gaseous pollutants (e.g. ozone, nitrogen oxides, and sulfur dioxide) through leaf surfaces, they intercept particulate matter (dust, ash, pollen, smoke, diesel exhaust) dangerous to the health of human lungs, and release oxygen through photosynthesis while sequestering CO2 as woody and leafy biomass. In addition, trees lower air temperatures through the provision of 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). When selecting trees for an urban environment, careful attention must be paid to site conditions and management goals. Some species and cultivars are unable to thrive in the contaminated air of some urban sites, particularly along major thoroughfares. In addition, certain species and cultivars emit volatile organic compounds that may contribute to the formation of greenhouse gases. As a result some tree species and cultivars are more appropriate for the urban environment and care should be given when selecting trees for inclusion in a management plan. Planting trees not suited for urban conditions may inhibit a management program with a goal of improving air quality. Stormwater Management& Hydrology A healthy urban forest also reduces the amount of water runoff and pollutant loading into a community's waterways and wetlands. Stream corridors and wetlands are located throughout the Tigard area, and exist as a defining feature of Tigard's landscape. Vegetation within stream corridors benefits water quality by slowing runoff, preventing erosion, filtering pollutants, and providing vegetated corridors necessary for wildlife habitat. 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. The presence of trees within Tigard's stream corridors and wetlands also serve as a significant enhancement to their parallel function as urban infrastructure. Leaves and branches intercept and store rainfall, thereby reducing runoff volumes and delaying the onset of peak flows in stormwater facilities and stream corridors. Root growth and the decomposition of fallen leaves and branches increases the capacity and rate of soil Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 2 • • infiltration by rainfall and reduces overland flow. Additionally, tree canopies and other types of vegetative cover reduce soil erosion by diminishing the impact of raindrops and surface water flow on barren surfaces. Aesthetics and Economic Valuation A healthy and well-managed community landscape, including its urban forest, not only establishes a sense of place, but advertises the pride and values of a community. In addition to generating positive associations with a community, the presence of a mature and well- managed urban forest is associated with higher property values, higher rents for commercial structures, and willingness by consumers to pay a premium to shop and recreate in such areas. These statements are drawn from a growing body of research on the effect trees and urban forest cover upon the "curb appeal" of residential properties, and the effects of tree cover on consumer behavior in commercial districts. In general, and with few exceptions, researchers find that trees add desirability to urban land, and along with that economic value. More importantly, the presence of mature trees generates the largest increases in economic value. Results compiled by Kathleen Wolf of the University of Washington (2007) indicates that the presence of yard and street trees on residential properties results in an average sales price increase of 7%, with results ranging from a low of 2% to a high of 15%. Research suggests that a similar effect can be observed in the price of commercial and retail properties. Commercial offices having a high quality landscape may command as much as a 7% premium on rental rates. This increase in value affects the wealth and prosperity of both individuals and the community, with trees resulting in increased personal wealth and tax revenue. This effect is not just realized for individual homes and businesses. Cities exist as a place to exchange goods and services, with commercial transactions a frequent and integral component of city life. According to Kathleen Wolf (1999, 2003)), a thriving urban forest contributes to the vitality of retail and commercial districts in two ways. First, the presence of trees creates a welcoming and coherent consumer environment, as a well-managed streetscape provides an amenity that provides perceptual clues about the quality and character of both individual merchants and the entire retail district. Consumers tend to perceive service districts holistically, with outdoor landscapes a seamless and sensuous extension of shop interiors. As a result, consumer surveys report that consumers are generally willing to drive farther, longer, and to pay a premium (i.e. parking and consumer goods) in districts containing trees. On average, respondents indicated a willingness to pay 12% more for goods and services in landscaped communities as compared to no-tree districts. This willingness stems, in part, from a perception of the area being more pleasant, better maintained, and possessing a higher quality of merchant than similar districts without trees. Second the urban forest can facilitate positive relationships among business people by serving as a unifying them to bring a group of independently minded merchants together into a distinctly branded and functional unit. Cost efficiencies are gained as installation and maintenance costs are shared, and aesthetic clashes avoided through the installation of a consistent streetscape that unifies the entire district into a coherent destination. Such improvements are planned for Tigard's downtown area, and may also be used to similar effect in other parts of the City. • Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 3 • • • Human Health and Productivity Nature within cities appears to have a calming and restorative effect that reduces both short and long term stress to the body and mind. Modern work and learning demand extended periods of directed focus and attention. Such activity, particularly if sustained for long periods of time, can induce directed attention fatigue. Such mental fatigue can bring on irritability, inability to function effectively, and physical symptoms of illness. As the most visible form of nature in Tigard, the urban forest can provide considerable benefits to human health and productivity by providing restorative experiences that ease mental fatigue, enhance human happiness and productivity, reduce impulsiveness and aggression, and facilitate healing. People in general show less stress response if they've had a recent view of trees and vegetation. Studies indicate that desk workers with a view of nature report lower rates of illness, reduced job pressure and greater satisfaction with their jobs when compared to similar workers with no view. Hospitalized patients with views of nature need less medication, sleep better, and have a better outlook than patients without connections to nature. In addition, preliminary research suggests that the presence of trees in high-density areas can improve social ties,reduce crime, and contribute to the overall quality of life. The presence of trees and other forms of nature can also encourage an active outdoor lifestyle that combats obesity, improves cardiovascular and mental health, increases longevity, and enhances the physical development of children. This benefit can be accrued through the use of street tree elements that provide shade and visual interest along sidewalks, in lands set aside for parks and open space, or private property in the form of gardening and similar pursuits. These benefits accrue at both the individual and communal level, and collectively contribute to the overall health,livability,and prosperity of a community. Importance of Proper Management Like other pieces of urban infrastructure, the urban forest requires active planning, management, and investment as a "green infrastructure system" to maximize long-term benefits and reduce costs to both the City and property owners. Examples of proper planning and management include the construction and use of appropriately sized planter strips and tree wells, the watering and proper pruning of new trees to ensure good health and structure, managing invasive plants, and the planting and/or retention of tree species and other plants demonstrating growth characteristics appropriate for the location and use. Because the environmental, economic, and social benefit of trees increase dramatically as they age, a comprehensive approach is needed to insure that trees mature into a vital, healthy forest compatible with adjacent land uses. New trees require regular watering, pruning and care to survive, thrive and avoid the development of poor structure. For existing trees, development activity may result in the location of people and property near trees in poor condition. Attention to both planting and retention is important as trees with poor structure or health are at greater risk of failure and can threaten both life and property. An improperly chosen tree for a specific location may cause damage to sidewalks and power lines, necessitating costly repairs, increased pruning, and/or removal of mature trees to abate the conflict. Similarly, uncontrolled invasive plants Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 4 • • can out-compete native.varietals and transform or even eliminate native plant communities and the functions they provide,ultimately costing the City and private landowners significant amounts of resources to remove them. According to the Pacific Southwest Research Station, a branch of the USDA Forest Service, communities in Western Washington and Oregon are spending millions of dollars each year to abate avoidable conflicts between trees and power lines, sidewalks, sewers, and other elements of the urban infrastructure. The consequences of recent efforts to control these costs have been found to be detrimental not only to public and private coffers, but to the state of an affected community's urban forest. These results include the "downsizing" of urban forests through the removal of existing mature trees, an increasing use of smaller stature trees that provide fewer benefits, and the failure to replace some or all of the trees removed due to a lack of funds or reluctance to pay for more repairs. References Anderson, L.M. and Cordell, H.K. 1988. Influence of trees on residential property values in Athens, Georgia: a survey based on actual sales price. Landscape Urban Planning, 15: 153-164. Center for Urban Forest Research,USDA Forest Service. 2002. Western Washington and Oregon Community Tree Guide:Benefits, Costs and Strategic Planting. Pacific Northwest Chapter of the International Society of Arboriculture. 2005. Trees Are Good for Business. Wolf, K. L. 1997. Psycho-Social Dynamics of the Urban Forest in Business Districts. In P. Williams &J. M. Zajicek (eds) People Plant Interactions in Urban Areas: Proceedings of a Research and Education Symposium. Blacksburg,VA: People Plant Council. Wolf, K. L. 1998. Urban Nature Benefits: Psycho-Social Dimensions of People and Plants - Fact Sheet 1. Wolf, K. L. 1999. Nature and Commerce: Human Ecology in Business Districts. In C. Kollin (ed.) Building Cities of Green: Proceedings of the 9th National Urban Forest Conference. Washington D.C.: American Forests. Wolf, K. L. 2001 Tree Investment Brings Cities Many Happy Returns. Seattle Daily Journal of Commerce,July 12,2001. Wolf, K. L. 2003. Retail and Urban Nature: Creating a Consumer Habitat. Population and Environmental Psychology Bulletin, 29, 1, 1-6 (reprint of Amsterdam People/Plant Symposium proceedings). Wolf, K. L. 2004. Trees and Business District Preferences: A Case Study of Athens, Georgia, U.S.Journal of Arboriculture, 30, 6, 336-346. Wolf, K. L. 2004. Economics and Public Value of Urban Forests. Urban Agriculture Magazine, Special Issue on Urban and Periurban Forestry, 13: 31-33. Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 5 • • Wolf, K. L. 2005. Trees in the Small City Retail Business District: Comparing Resident and Visitor Perceptions.Journal of Forestg, 103, 8, 390-395. Wolf, K.L. August 2007. City Trees and Property Values.Arborist News pp. 34-36. EXISTING CONDITIONS Community Values Community attitude 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 existing lot sizes (7.8), pedestrian and bike paths (7.7), and compatibility between existing and new development (7.6). A follow-up question contained in the 2007 survey revealed that 84% of Tigard Residents supported regulations to protect existing trees, with only 6% strongly disagreeing and 9% somewhat disagreeing. In addition, 90% of Tigard residents thought the City should take the lead in preserving open space. These values are also shared by residents of adjoining jurisdictions who maintain, or have begun significant updates to, their tree protection ordinances. Existing Tree Planting and Management Programs The City of Tigard has been a Tree City, USA since 2001 because of aggressive programs to plant trees on public property. In partnership with Clean Water Services, the City of Tigard is in the early stages of 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). Through volunteer projects, cooperative efforts with non-profits, contract services, and the labor of Public Works crews, thousands of young trees are annually planted on public property. Not including restoration projects, the City's Public Works Department annually plants approximately 250 new or replacement trees on public lands, distributes approximately 50 street trees each year to private property owners through the Street Tree Program, and plants an addition 25 trees in celebration of arbor day. Native species are given preference and are regularly planted along trails, riparian areas, and in new park and green space areas. The objective is to increase the total number of trees, particularly in areas where summer shade is desired such as picnic areas and next to sidewalks. Money is budgeted each year to maintain new trees being established and to remove hazard trees located on public property. As more public property is added and trees grow older, the number of hazard trees pruned or Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 6 • • removed each year will continue to grow. The level of new tree planting is limited by the maintenance capacity of City work crews. Existing Regulatory Environment 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 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 strategic protection of trees and the orderly urbanization of the City. The City has historically relied upon its Development Code to manage and protect trees on private property, particularly heritage trees and those located within steep slopes, wetlands, and other sensitive lands. Existing regulations require new development to protect and/or replace existing trees wherever possible, to pay into a mitigation fund when trees are removed, and to plant new street trees and landscape trees as part of all new construction. 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 do not recognize or protect existing trees outside of those areas, and offer little protection 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 (such as street trees) have been removed despite existing regulations or restrictions in force. At present the City is 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, and action measures to enable the development of adequate and comprehensive regulatory tools and forest enhancement programs. Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 7 • • KEY FINDINGS • A defining community feature is Tigard's urban forest, a mosaic of native forest remnants and planted landscape elements interspersed throughout the City. • This urban forest provides social, economic, and ecological services that create public and private value to residents,businesses, and visitors. • Mature and well-managed trees provide the maximum public benefits. • The City continues to allocate staff and resources to tree planting, tree maintenance, and outreach activities. Additionally, new development is required to install street trees,landscape trees, and trees for mitigation purposes. • The existing urban forest continues to experience significant disruption and displacement through the conversion of land to more intense urban land uses and competition from invasive species. • Existing tree regulations are dispersed throughout the code; applied by multiple divisions in a non-unified and inconsistent manner; and sometimes conflicting between different code sections. • The City does not presently have a comprehensive and unified process to monitor tree removal and enforce existing tree protections outside of development permit review. Furthermore, landowners are not always aware of regulatory protections applicable to their property or street trees adjacent to their property. • Community attitude surveys reveal that Tigard residents place high value on the protection of trees within the community, that they are concerned about the impact of development upon existing tree resources, and are strongly in favor of a regulatory structure that would protect additional trees. Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 8 . • GOAL, POLICIES AND ACTION MEASURES GOALS 1. To enlarge, improve and sustain a diverse urban forest to maximize the economic, ecological, and social benefits of trees and associated vegetation. 2. To balance the diverse and changing needs of the City through well-designed urban development that minimizes the loss of existing trees and associated vegetation, and creates a living legacy for future generations. 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; administration and enforcement shall be regulated and coordinated by the variously impacted depaitiuents. 3. The City shall require all development and non-development related tree removal 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 before, during and after construction and subsequent occupancy. Removal of trees shall be mitigated,with priority given to the preservation of existing trees over mitigation. 4. The City shall protect major understory vegetation associated with protected trees before, during, and after construction and occupancy. This protection shall occur in such a manner that the following functions shall be preserved: a. Maintenance of soil health, plant communities, and hydrologic regimes necessary for the associated trees to thrive; b. Habitat for fish and wildlife; c. Water quality enhancement; and d. Soil and Erosion Control. 5. The City shall continue to regulate the removal of trees, within environmentally sensitive lands and on lands subject to natural hazards. 6. The City shall address public safety concerns by ensuring ways to prevent and resolve verified tree related hazards in a timely manner. 7. 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. Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 9 III • . 8. 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. 9. The City shall allow and encourage 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. 10. The City shall require all development, including City projects, to prepare and implement a tree preservation and landscaping plan, with the chosen trees and other plant materials appropriate for site conditions. 11. The City shall require the replacement and/or installation of new 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. 12. 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. 13. The City 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. 14. The City shall continue to cooperate with property owners, businesses, other jurisdictions, agencies, utilities, and non-governmental entities to manage and preserve street trees,wetlands, stream corridors, riparian areas, tree groves, specimen and heritage trees, and other vegetation. 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. 16. The City shall prohibit the use or retention of invasive trees and other plants through the development review process. 17. The City shall require, as appropriate, tree preservation strategies that prioritize the retention of trees in cohesive and viable stands and groves instead of isolated specimens. 18. The City shall require,as appropriate, the use of trees and other vegetation as buffering and screening between incompatible uses. 19. Applications for tree removal and tree management plans shall be reviewed by a certified arborist employed or under contract to the City. Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 10 • • RECOMMENDED ACTION MEASURES i. Develop and implement a comprehensive, coordinated update and enhancement of all tree and associated vegetation 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. ii. Develop and implement an inspection and enforcement program that will ensure ongoing maintenance of trees and other vegetation required by development approval, with particular attention to challenges introduced by the change of ownership of affected properties. iii. Develop and implement an inspection and enforcement program that will ensure non-development related tree management and removal complies with the City's tree protection ordinances such as heritage trees, street trees, and trees on sensitive lands. iv. Develop and implement regulations, standards, and incentives to encourage developers to transfer density, seek variances and adjustments necessary to preserve trees and natural open space in a manner that exceeds the requirements of the Development Code. v. Inventory and evaluate street tree, parking lot and landscape area plantings that have failed to thrive, and determine if street trees can be planted elsewhere in the right-of- way, or on private property. vi. 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. vii. 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. Materials should be published in both paper and electronic media and in multiple languages. Particular focus should be given to new property owners who may be unfamiliar with the City's regulations and development related restrictions affecting their property. viii. Encourage and promote the removal of nuisance/invasive plants, and the installation of trees and vegetation that are low maintenance, drought tolerant, site appropriate, and require minimal chemical applications. Strategies could include the production and distribution of approved tree lists to area nurseries, landscaping companies, libraries and similar businesses and public resources. ix. 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. Consideration shall be given Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 11 • • to off-site mitigation on both public and private lands, and the maintenance of a publicly accessible registry of mitigation sites both historical and potential. x. Conduct surveys,workshops, and/or other public outreach strategies to identify and implement an appropriate strategy and form for tree protection regulations outside of the development review process. xi. Encourage other jurisdictions operating within and adjacent to Tigard to prepare and implement a tree preservation and landscaping plan as part of all development and infrastructure projects. xii. Utilize approved tree and plant lists that emphasize long lived evergreens, broad- spreading deciduous varieties, and 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. xiii. Encourage efforts by community groups and neighborhoods to plant trees and undertake other projects, such as restoration of wetlands and stream corridors. xiv. Maintain a list of invasive plants, discourage the sale and propagation of these plant materials within the City, promote their removal, and prevent their reestablishment or expansion. Comprehensive Plan Amendment:Tigard's Urban Forest Tigard Planning Commission: March 17,2008 12 i • Draft Comprehensive Plan Definitions Hazardous Tree - a tree that is dead, declining, cracked, split, leaning, structurally unsound, suffering from infestation or infection, or otherwise physically damaged or impaired to the degree that it is clear the tree is likely to fall and injure persons or property and where pruning or other treatments will not significantly alleviate the hazard. Invasive Species - Plants, animals, and microbes not native to a region, which when introduced either accidentally or intentionally, out-compete native species for available resources, reproduce prolifically, and dominate regions and ecosystems. Because they often arrive in new areas unaccompanied by their native predators, they can be difficult to control. Left unchecked, many have the potential to transform entire ecosystems, as native species and those that depend on them for food, shelter, and habitat disappear. Urban Forest-Broadly defined as all the trees within the City collectively. Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species, genetics, abundance and age. Diversity in structure means variation and abundance of vertical and horizontal arrangement, heterogeneity, forest density, micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession, and value as green infrastructure. • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07 30 A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING AN INTERIM TREE BOARD CHARGE STATEMENT FOR THE PURPOSE OF DEVELOPING A COMPREHENSIVE TREE PROTECTION AND URBAN FOREST ENHANCEMENT PROGRAM. WHEREAS,the current charge of the Tree Board (Council resolution 01-02)requires it to,"develop and administer a comprehensive tree management program for the maintenance,removal,replacement and protection of trees on public property";and WHEREAS,the Board's current charge does not provide the latitude for it to undertake other important community tasks related to stewardship of Tigard's tree resources;and WHEREAS,the City is engaged in update of the Tigard Comprehensive Plan and the Tree Board's services are needed to address the important matters of tree stewardship and enhancement of the City's urban forest, because: a. Urban development has resulted in loss of trees; b. Trees and other natural resources contribute to Tigard's quality of life and overall environmental quality; c. Urban density,unless well designed,results in loss of trees and private open space; d. An attractive, treed environment is a component of an economically prosperous community; e. A balance is needed between tree stewardship and the need for efficient use of valuable urban lands; f. A sound technical basis is needed for useable and up-to-date tree codes and standards; g. Tree stewardship and urban forest enhancement provides civic engagement opportunities;and h. A healthy urban forest and its associated benefits require active management. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: For the purposes of developing a comprehensive City Tree Stewardship and Urban Forest Enhancement Program,the Tree Board shall have the following responsibilities in addition to those spelled out in its existing mission statement • a. The Tree Board shall work with the Planning Commission to update the City's - Comprehensive Plan by developing Comprehensive Plan background information (findings) and goals,policies,and action measures pertaining to tree stewardship and the contribution of trees and other vegetation to Tigard's quality of life. b. The Tree Board shall recommend updated goals,policies,action measures,and background information to the Planning Commission. The Board shall participate in the Commission's joint work sessions to review/discuss the same.These amendments to the Comprehensive Plan are subject to Planning Commission public hearings and recommendation to the City Council. RESOLUTION NO.07- Page 1 c. The Tree Board shall propose a tree stewardship program for Planning Commission consideration which shall consist of municipal code and land use regulations to implement the above "Trees and Vegetation" Comprehensive Plan goals,policies, and action measures.Proposed Municipal and Development Code amendments shall be subject to review by the City Attorney. Proposed land-use code changes shall be subject to public hearings and recommendation to Council by the Planning Commission.The Tree Board shall participate with the Commission in work sessions to review/discuss the same. d. The Tree Board may also make other general recommendations to enhance urban forest resources for City consideration such as public education, incentives,tree planting programs,and arboriculture practices,etc. e. The Tree Board shall review recommendations from staff to develop specific interim tree code standards intended to prevent tree removal during the period it takes to develop the City's tree stewardship program.The Tree Board shall participate in work sessions with the Planning Commission prior to the Commission holding public hearings to recommend the interim standards to Council. f. The Tree Board,in consultation with the Planning Commission and Committee for • Citizen Involvement, shall develop and implement a public information and involvement program to hear public concerns and suggestions regarding tree stewardship and urban forestry enhancement in Tigard. In addition,the Tree Board shall prepare a citizen involvement report as part of the record of its proceedings. g. Every three months the Tree Board shall forward a report of its progress to the City Council and Planning Commission. Initially, the Tree Board shall prepare a schedule and scope of work as the first step to implement this mission. SECTION 2: Upon adoption of the Tree Protection Program, the Tree Board's charge statement shall be reevaluated to address public issues associated with the urban forest and other natural resources as seen fit by the City Council SECTION 3: This resolution is effective immediately upon passage. PASSED: This • �a day of 2007. (C2( Mayor-2ity of Tigard A'f1'1ST: • _' 1 .`./Ay City Recorder- City of Tigard RESOLUTION NO.07 -.3 t • Page 2 1,4 MEMORANDUM T I GARD TO: President Jodie Inman and Members of the Planning Commission FROM: Darren Wyss, Associate Planner RE: Goal 2: Land-Use Planning, Goals, Policies, and Recommended Action Measures. DATE: March 10, 2008 At the March 17, 2008 Planning Commission meeting, staff has scheduled one hour to review and discuss the Land Use draft goals,policies, and recommended action measures.This discussion affords the Commission the opportunity to ask questions,get clarification, and develop consensus on the language it is comfortable taking forward to the public hearing. The draft language that was developed based on work done at two previous meetings has been provided to you in two formats: one with,and one without, commentary (the building blocks have also been included). Staff has incorporated your comments in a way that we feel meets the City's need for legislative tools to create, adapt, and update its land-use program. As we discussed at our February 25 meeting, the City currently lacks a substantive foundation on which to base its legislative and many quasi-judicial land-use decisions. This Comprehensive Plan chapter, along with others,would address this gap. As always, staff is available to answer any questions that might arise before the meeting and we encourage Commissioners to contact us by either phone or email. Staff will send out a timely response to any requests/questions so that the Commission has the information available during the meeting discussion. In addition,getting questions answered ahead of time eliminates staff consuming the Commission's limited and valuable time to discuss the draft language and helps our meetings become even more productive. Thank you. • a TIGARD 2027 City of Tigard Comprehensive Plan Land Use Policy Interest Team Meeting Agenda March 17,2008 8:30—9:40 pm Agenda for Meeting#3 8:30—8:35 Welcome Darren Wyss, PIT Staff Leader All 8:35—9:35 Draft Policy Language Discussion Darren Wyss, PIT Staff - additions Leader - changes All - deletions 9:35—9:40 Next Steps/Closing Comments Darren Wyss, PIT Staff Leader I:\LRPLN\COMPPLAN\Volumell\Chap2_LandUse\PolicylnterestTeam\03_17_08Meeting3\03-17-08 Meeting 3 Agenda.doc • Draft Land Use Definitions Below are definitions requested by the Land Use Policy Interest Team: Compatibility—the ability of adjacent and/or dissimilar land uses to co-exist without aesthetic,environmental,and/or operational conflicts that would prevent persons to enjoy, occupy,or use their properties without interference. A variety of remedies to compatibility conflicts are normally provided in a jurisdiction's land use program;including limited land use designation,buffering,screening,site and building design standards,transportation facility design,etc. Efficient Use of Land—utilization of urban lands in a way that prevents urban sprawl, maximizes the use of existing infrastructure,reduces the need for automobile travel, conserves energy,and provides for easy access to needed goods and services. The efficient use of land also means the application of development principles that result in less land being utilized to accommodate specific uses,thus resulting in compact urban development. Fair Cost— (is not used in the policy language so it is not being defined). Natural Systems—interactive,interrelated,and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Promote—support,advocate,or take affirmative action to achieve a particular community objective. Proven Community Need—evidence required to amend land use map(s),which ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. Public Facilities and Services—publicly funded infrastructure and services, such as public safety,sanitary sewers,domestic water,water quality,parks, transportation,governance,etc. that are required for the community's safety,health,welfare,prosperity,and quality of life. Public Interest—shared interests often expressed as commonly held values that are perceived to be of general benefit to the whole community and the welfare of the general public versus that of specific entities,and which warrant recognition,promotion,and protection by the City. Up-to-date—being in accord with relevant facts,knowledge,techniques,styles, etc. • • Goal 2: Land Use Draft Goals, Policies, and Recommended Action Measures February 26,2008 Goal: 2.1. Maintain an up-to-date Comprehensive Plan,implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policies: 1. The City's land use program shall establish a clear policy direction,comply with state and regional requirements,and shall also serve its citizens'own interests. 2. The City's land use regulations,related plans and implementing actions shall be consistent with and implement its Comprehensive Plan. 3. The City shall coordinate the adoption,amendment,and implementation of its land use program with other potentially affected jurisdictions and agencies. 4. The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors,and employment and industrial areas. 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed use; D. Industrial; E. Overlay districts where special planning and regulatory tools are warranted; and F. Public services. 8. The City shall require appropriate public facilities are made available,or committed,prior to development approval and are constructed prior to or concurrently with development occupancy. 9. The City shall institute fees and charges to ensure development pays for development related services and assumes the appropriate costs for impacts on the transportation and other public facility systems. 10. The City shall adopt regulations and standards to protect public safety and welfare from hazardous conditions related to land use activities. 2/28/2008 1 Draft Land Use Policies • S 11. The City shall provide a wide range of tools, such as planned development,design standards, and conservation easements, to promote: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space;and E. Regulatory flexibility necessary for projects to adapt to site conditions. 12. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected be within the City limits during the planning period. 13. Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan and,when necessary, those of the state and other agencies. 14. In addition to other Comprehensive Plan goals and policies deemed applicable,amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available;or committed to be made available and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services,employment,housing, public and community services, etc. in the particular location,versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable, appropriately designated land for the land uses that would be allowed by the new designation; E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; F. Land uses permitted by the proposed designation would be compatible or capable of being made compatible with environmental conditions and surrounding land uses; and G. Demonstration that the amendment does not detract from the viability of the City's natural systems. 15. The City may condition approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design /development requirements. 16. The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map(s) and for development plan approval of a specific land use. 17. The Council may at any time,upon finding it is in the overall public interest,initiate legislative amendments to change the Comprehensive Plan text,Plan/Zoning Map(s) and/or the Community Development Code. 2/28/2008 2 Draft Land Use Policies • • 18. The Planning Commission may at any time recommend to the.City Council that it consider initiating legislative amendments to the Comprehensive Plan,Plan/Zoning Maps and/or Community Development Code. 19. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs,provide reliable information,and conform to applicable state law, administrative rules,and regional requirements. 20. The City shall require all development to conform to site design/development regulations. 21. The City shall identify, designate,and protect natural resources as part of its land use program. 22. The City shall require that new urban development does not diminish the quality of life in the community. 23. The City shall require new development,including public infrastructure,to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. 24. The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. • Recommended Action Measures: i. Work with the Oregon Department of Transportation (ODOT),Metro,Washington County and others to develop means to equitably assign costs to new development for its impacts on the interstate and infra-regional freeway and arterial system. ii. Develop and maintain land use regulations, standards,and procedures necessary to enhance the design of multi-family, commercial,and industrial development,and to mitigate impacts on adjacent land uses. iii. Implement measures to preserve and enhance the quality and character of Tigard's residential districts.Examples include managing the design of infill development, mitigating impacts of adjacent dissimilar land uses,improving quality of streetscapes and the pedestrian environment,and providing greater access to open space. iv. Develop and periodically update citywide Public Facilities and Transportation System Plans (PFP,TSP) to guide the location, financing, and timing of future public facilities. Coordinate the preparation and adoption of these Plans with other affected jurisdictions and agencies. v. Revise the Comprehensive Plan text,maps,and related findings as needed to maintain reliability and timeliness; to ensure consistency among goals,policies and recommended action measures;to assure accuracy of findings;and to comply with state,regional and federal laws and rules. This includes review by the Planning Commission every two years, formal evaluation every five years, and an overall update at least every ten years. 2/28/2008 3 Draft Land Use Policies S vi. Monitor and evaluate whether City actions and community conditions and circumstances are consistent with the goal and policy direction of the Comprehensive Plan.When appropriate,amend the Plan or adjust City actions,regulations,or standards. vii. Monitor actions,programs,and policies of federal,state,and regional governments. When appropriate,amend the Comprehensive Plan and its implementing regulations and plans to be consistent with those of other agencies. viii. Develop and adopt special district plans to enhance opportunities for economic development,housing, social vitality, access to transit, etc. ix. Actively participate and engage with other Portland Metropolitan Area jurisdictions and agencies to represent Tigard's interest involving region-wide land use, transportation, natural resource, and public facility issues. x. Implement incentive and redevelopment programs to utilize urban land and existing public facilities more efficiently. xi. Review transportation and other public facility plans and projects to address potential negative aesthetic or operational impacts on neighborhoods and take mitigating action when necessary. xii. Work with the appropriate agencies to review the protocol used in determining development impacts upon water gi,ality,natural resources,and other land uses. xiii. Review and analyze the use of the Planned Development process as a way to gauge its functionality and whether it is working as intended. xiv. Proactively evaluate the effectiveness and usefulness of different elements of the City's land use program (maps,codes,and policies) and make changes when necessary to further community objectives. xv. Develop criteria to identify and protect unique community features and resources. 2/28/2008 4 Draft Land Use Policies • • Goal 2: Land Use Draft Goals, Policies, and Recommended Action Measures February 26,2008 Goal: 2.1. Maintain an up-to-date Comprehensive Plan,implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policies: 1. The City's land use program shall establish a clear policy direction,comply with state and regional requirements,and shall also serve its citizens' own interests. Policy 1. Commentary: State acknowledged Comprehensive Plans consistent with state law and administrative rules are required by the state of Oregon. Coordination of local planning efforts with other agencies and jurisdictions are required to ensure local policies and implementing actions are not at cross purposes or contradictory with state law,policies,and rules of agencies and other jurisdictions. In addition,jurisdictions in the Portland Metro area must also coordinate their Planning efforts with Metro to comply with the Portland Metropolitan Area Functional Plan and other state/federal mandated Metro responsibilities such as natural resource and transportation planning. However, the City of Tigard must also represent the aspirations and desires of its own citizens and work with the state,Metro and other jurisdictions to ensure its own interests are pursued. In • • addition to signaling that the City will comply with state and Metro requirements,this policy states that the City's own interests are important. 2. The City's land use regulations,related plans and implementing actions shall be consistent with and implement its Comprehensive Plan. Policy 2 Commentary: The goals and policies of the Comprehensive Plan are the primary approval criteria for legislative land use regulations,related plans,and Comprehensive Plan / Zoning map amendments. The Comprehensive Plan also serves as the legislative foundation for City actions related to the use of the land. It is important that the Comprehensive Plan specifically establish that it is at the top of this hierarchy. 3. The City shall coordinate the adoption,amendment,and implementation of its land use program with other potentially affected jurisdictions and agencies. Policy 3 Commentary: This Policy is a standard coordination policy that signals the City's intent to coordinate its land use related actions consistent with state law and administrative rules. 4. The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. S. The City shall promote intense urban level development in Metro-designated Centers and Corridors,and employment and industrial areas. S Policy 4, 5 Commentary:The City and its regional partners have agreed upon the utilization of urban lands in a way that prevents urban sprawl,maximizes the use of existing infrastructure, reduces the need for automobile travel, conserves energy,and provides for easy access to needed goods and services. These objectives can be accomplished by implementing a variety of development principles,including incentives and redevelopment programs that result in less land being utilized to accommodate specific uses, thus resulting in compact urban development. In the mid-1990s,Metro adopted the Regional Urban Growth Goals and 0 jectives(RUGGO),which is part of the Regional Framework Plan(1997) and includes Metro's 2040 Growth Concept(1995). RUGGO was developed to implement regional compliance with state goals for land use in a coordinated way and to ensure that housing and employment growth could be accommodated equitably across the region. The Urban Growth Management Functional Plan(1998), or UGMFP,implements RUGGO and contains several requirements for local implementation.Metro's 2040 Growth Concept requires cities and counties to draw boundaries for each of the design types as defined in Title 1 of the UGMFP. The design types correspond to the general boundaries shown in Metro's 2040 Growth Concept map. Design types applicable to Tigard are Regional Centers,Town Centers,Industrial Areas, Employment Areas, Corridors,Inner Neighborhoods and Outer Neighborhoods. Regional Centers serve large market areas outside the central city and have connections via high- capacity transit and highways. Metro has designated Washington Square as one of nine Regional Centers. Town Centers (Tigard Downtown)are intended to be a principal center of urban life,while corridors are intended to feature a high-quality pedestrian environment, convenient access to transit, and somewhat higher than current densities. Industrial and Employment Areas are set aside to support a strong economic climate by protecting the supply of employment"clusters" and limiting the type and scale of non-industrial uses on industrial lands. 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. Policy 6 Commentary: A City requires a properly balanced mix of land uses to ensure that it derives the tax revenues necessary to fund needed community services. For example,under Oregon's current tax structure,cities that consist primarily of low-mid value residential land uses find it difficult to fund services. A balanced mix of commercial,office,industrial and residential land uses is needed for fiscal stability. For example it is in a community's interest to foster a land use pattern that emphasizes high value,high employment commercial /industrial land uses rather than the opposite. Community services are addressed in the policy because these land uses are quite common in urban areas and present unique siting and design issues. In this context Community services include those land uses that provide for needed social public facility and governance services,institutional uses and some forms of specialized housing. • • 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed use; D. Industrial; E. Overlay districts where special planning and regulatory tools are warranted; and F. Public services. Policy 7 Commentary:The Comprehensive Plan,its factual base,goals,and policies are the basis by which the City establishes and sometimes amends specific land use districts (Plan and Zoning Map). The City has a state mandated requirement to provide for the full range of needed land uses which should be acknowledged by the Plan. Staff's position is that the Plan should list,in a general way, the needed land uses that are provided by the City's land use program rather than enumerating a long catalog of locational land use district criteria. The Development Code is the proper place for this level of detail. The Plan needs to be a flexible policy tool. Furthermore,Tigard is mostly built out and its land use districts have been in place for decades. 8. The City shall require appropriate public facilities are made available,or committed,prior to development approval and are constructed prior to or concurrently with development occupancy. • 9. The City shall institute fees and charges to ensure development pays for development related services and assumes the appropriate costs for impacts on the transportation and other public facility systems. Policies 8 and 9 Commentary: It is in the City's interest to assign to the extent possible, the public facility costs associated with development, to the actual development itself. There are two ways this is typically done in Oregon. First development must address the site specific costs associated with the development itself.This indudes assignable/proportionate transportation and other public facility improvements. The second category is reimbursing a jurisdiction for system wide impacts normally addressed through System Development Charges (SDCs). Currently in the case of Washington County, transportation impacts are addressed through a County-wide Transportation Impact Fees program. Also the City provides essential development related services, such as planning,building and engineering assistance. It is in the overall public interest that those that benefit from this service pay for it. 10. The City shall adopt regulations and standards to protect public safety and welfare from hazardous conditions related to land use activities. Policy 10 Commentary: A significant responsibility of local government is to assume the role of protecting broad community safety and welfare. An important aspect of this responsibility is to regulate land use activities to prevent the creation or exacerbation of hazardous situations. This includes situations where there are natural hazards;inadequate transportation or public facilities, such as sewer or drainage services. Even though other chapters of the Comprehensive Plan • • specifically address these situation a policy is needed in the Land Use Planning Chapter to state that the City will adopt regulations and standards to protect the general public and overall community welfare from hazardous/deleterious conditions. 11. The City shall provide a wide range of tools,including planned development,design standards, and conservation easements, to promote: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space;and E. Regulatory flexibility necessary for projects to adapt to site conditions. Policy 11: Commentary: A wide variety of tools,including Planned Development standards / regulations,are available to allow/encourage high quality/innovative design and quality development. This is especially important in communities that are "built out" and without many easy to develop sites and are experiencing more infill development on small and/or more difficult to develop sites. It is important that any Planned Development type ordinances be easy to administer and attractive to use by developers. Some communities are requiring that Planned Development type ordinances be used in specific situations where sites are constrained by hazards,natural resources are present, and/or neighborhood compatibility is important. In the past,Planned Development standards were often voluntary.Their mandatory use is more prevalent today as projects have the potential for significantly affecting existing development. Furthermore,in developed communities these regulations may"kick in" at smaller projects sizes than in communities with lots of buildable land. • 12. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected be within the City limits during the planning period. Policy 12 Commentary: A significant part of the City's currently identified Urban Planning Area (this includes Metzger and Bull Mt.) has been urbanized in unincorporated Washington County. Key services,mainly sewer services have been provided by County Service Districts. Public safety has been accommodated to a degree by enhanced Washington County Sheriff's services. The consequence of this is that Tigard's municipal boundaries will never include these areas,especially if Washington County continues its current practices. Furthermore,lands recently added to the Metro Urban Growth Boundary (Urban Growth Areas 63 and 64) adjacent to Tigard's Urban Planning Area cannot be annexed. This is because they are not contiguous due to intervening unincorporated urban development. Therefore,absent a change in Washington County's policy and state annexation law, the City should not continue to plan to provide services for these areas. 13. Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan and,when necessary, those of the state and other agencies. Policy 13 Commentary: From a process and administrative perspective,it is important to unequivocally establish that the burden of proof for land use approval to amend any part of the City's land use program lies with the applicant. Also, this policy broadly establishes what constitutes the burden of proof. It is important to stress that the"burden of proof test"is also applicable to the City of Tigard and other government entities when they are in the role of applicant. • • 14. In addition to other Comprehensive Plan goals and policies deemed applicable,amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available;or committed to be made available and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services,employment,housing, public and community services, etc. in the particular location,versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable, appropriately designated land for the land uses that would be allowed by the new designation; E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; F. Land uses permitted by the proposed designation would be compatible or capable of being made compatible with environmental conditions and surrounding land uses;and G. Demonstration that the amendment does not detract from the viability of the City's natural systems. 15. The City may condition approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design /development requirements. Policies 14 and 15 Commentary:Amending a City's Plan and Zoning Maps is a significant action and it is essential that the governing body (City Council) have criteria to base a decision that will be in the best interests of the Community. The specific criteria listed in proposed Policies 14 and 15 provide other essential criteria that are not elsewhere in the Comprehensive Plan. A secondary intent of these criteria is to discourage applications for speculative Plan and map amendments and assure that the applicant will develop their alleged land uses. Communities have often had the experience of approving Plan and Zoning map amendments thinking that specific land uses,as daimed by the developer would be developed. However,once land use designations were changed, entirely different uses were developed. When there are no conditions to prevent otherwise,a developer can construct a wide variety of uses allowed within a zone.Policy 15 allows the City to condition Plan Map amendment to allow only a specific land use or restricted set of land uses. This provides needed certainty. Many otherwise positive Plan amendment/ zone changes are highly contentious or fail because of compatibility,natural resource protection or design concerns. It is possible for jurisdictions to condition Plan/Zone Map amendments to develop pursuant to a specific set of design and development standards. 16. The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map(s) and for development plan approval of a specific land use. • • Policy 16 Commentary: This policy provides the opportunity for property owners/developers to save time and resolve uncertainty by doing concurrent amendments for approval of a Plan/Zone Map Amendment and development Plan. Also the policy provides certainty for the City that a map amendment will result in a specific use and that important design,public facility and compatibility issues are addressed. Implementing this policy would allow the City to approve and condition a specific project in comparatively short period following a Plan/Zone Map amendment. This process has been used to assure a specific land use is ensconced consistent with design and development conditions when the Plan/Zone Map is amended. 17. The Council may at any time,upon finding it is in the overall public interest,initiate legislative amendments to change the Comprehensive Plan text,Plan/Zoning Map(s) and/or the Community Development Code. 18. The Planning Commission may at any time recommend to the City Council that it consider initiating legislative amendments to the Comprehensive Plan,Plan/Zoning Maps and/or Community Development Code. 19. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs,provide reliable information,and conform to applicable state law, administrative rules,and regional requirements. Policies 17, 18, 19: Commentary: The following three policies provide the tools by which the City may amend Comprehensive Plan text,Plan Maps and Community Development Code. The intent is to provide the City Council with the flexibility to make changes to the City's land use program based upon finding that it is in the overall public interest. The proposed policies also assign the Planning Commission an advisory role of making recommendations to Council to initiate legislative actions. Some communities allow for a collection of citizen initiated legislative amendments to be considered at certain times on an annual or bi-annual basis. Instead of this, these policies provide the opportunity for citizens/development interests to make their case before the Planning Commission and/or Council to initiate legislative changes. If Council decides to do so, staff and Planning Commission can be directed to integrate these efforts into their work programs. 20. The City shall require all development to conform to site design/development regulations. Policy 20: Commentary: This policy is provides the basic foundation for the City to adopt site design and development standards including basic dimensional standards such as building height, setbacks,lot coverage,parking requirements, etc. In addition it provides the basis for the City to adopt standards that require more specific design and development standards such as preservation of natural resources,water quality,landscaping,tree protection,etc. 21. The City shall identify, designate,and protect natural resources as part of its land use program. Policy 21 Commentary: This policy provides the basis for the City to develop and adopt a natural resource protection program. It provides the City flexibility to adopt and apply natural resource • • protections ranging from that which is minimally required by Metro to more those more far reaching. 22. The City shall require that new urban development does not diminish the quality of life in the community. 23. The City shall require new development,including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. Policy 22,23 Commentary: The need for land-use compatibility is an important issue in developed communities that experience significant infill;especially when existing structures are being torn down to develop large residential lots more intensely. These policies provide the City Council explicit discretion to adopt a wider range of development related compatibility standards. Tigard like many jurisdictions already has compatibility standards on the "books" in the form of buffering and screening standards. However as more intense development occurs, this and future City Councils may wish to broaden the compatibility requirements address site and architectural design elements. 24. The City shall establish design standards to promote quality urban development and to enhance the community's value,livability,and attractiveness. • Policy 24 Commentary: This policy provides the legislative foundation for the City to establish • design standards as a means to promote quality development and to allow development to adapt to constrained site conditions. As above, Council has the flexibility to implement this policy to varying degrees. For example,the City has very limited design regulations in the Tigard Triangle and the Development Code has site design standards. These regulations implement the policy to a degree. However,as an example,if Council wished to go further and adopt a higher level of site design and architectural design standards for multi-family development,it would have the sound legislative basis to do so. Recommended Action Measures: i. Work with the Oregon Department of Transportation (ODOT),Metro,Washington County and others to develop means to equitably assign costs to new development for its impacts on the interstate and infra-regional freeway and arterial system. ii. Develop and maintain land use regulations,standards,and procedures necessary to enhance the design of multi-family,commercial,and industrial development,and to mitigate impacts on adjacent land uses. iii. Implement measures to preserve and enhance the quality and character of Tigard's residential districts. Examples include managing the design of infill development, mitigating impacts of adjacent dissimilar land uses,improving quality of streetscapes and the pedestrian environment,and providing greater access to open space. • • iv. Develop and periodically update citywide Public Facilities and Transportation System Plans (PEP,TSP) to guide the location, financing, and timing of future public facilities. Coordinate the preparation and adoption of these Plans with other affected jurisdictions and agencies. v. Revise the Comprehensive Plan text,maps,and related findings as needed to maintain reliability and timeliness; to ensure consistency among goals,policies and recommended action measures;to assure accuracy of findings;and to comply with state,regional and federal laws and rules. This includes review by the Planning Commission every two years, formal evaluation every five years,and an overall update at least every ten years. vi. Monitor and evaluate whether City actions and community conditions and circumstances are consistent with the goal and policy direction of the Comprehensive Plan.When appropriate,amend the Plan or adjust City actions,regulations,or standards. vii. Monitor actions,programs, and policies of federal,state,and regional governments. When appropriate,amend the Comprehensive Plan and its implementing regulations and plans to be consistent with those of other agencies. viii. Develop and adopt special district plans to enhance opportunities for economic development,housing, social vitality,access to transit,etc. ix. Actively participate and engage with other Portland Metropolitan Area jurisdictions and agencies to represent Tigard's interest involving region-wide land use,transportation, natural resource,and public facility issues. x. Implement incentive and redevelopment programs to utilize urban land and existing public facilities more efficiently. xi. Review transportation and other public facility plans and projects to address potential negative aesthetic or operational impacts on neighborhoods and take mitigating action when necessary. xii. Work with the appropriate agencies to review the protocol used in determining development impacts upon water quality,natural resources,and other land uses. xiii. Review and analyze the use of the Planned Development process as a way to gauge its functionality and whether it is working as intended. xiv. Proactively evaluate the effectiveness and usefulness of different elements of the City's land use program (maps,codes,and policies) and make changes when necessary to further community objectives. xv. Develop criteria to identify and protect unique community features and resources. • • Draft Land Use Definitions Below are definitions requested by the Land Use Policy Interest Team: Compatibility—the ability of adjacent and/or dissimilar land uses to co-exist without aesthetic,environmental,and/or operational conflicts that would prevent persons to enjoy, occupy,or use their properties without interference. A variety of remedies to compatibility conflicts are normally provided in a jurisdiction's land use program;including limited land use designation,buffering,screening, site and building design standards, transportation facility design,etc. Efficient Use of Land—utilization of urban lands in a way that prevents urban sprawl, maximizes the use of existing infrastructure,reduces the need for automobile travel, conserves energy,and provides for easy access to needed goods and services. The efficient use of land also means the application of development principles that result in less land being utilized to accommodate specific uses, thus resulting in compact urban development. Fair Cost—(is not used in the policy language so it is not being defined). Natural Systems—interactive,interrelated,and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Promote—support,advocate,or take affirmative action to achieve a particular community objective. Proven Community Need—evidence required to amend land use map(s),which ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. Public Facilities and Services—publicly funded infrastructure and services, such as public safety, sanitary sewers,domestic water,water quality,parks,transportation,governance,etc. that are required for the community's safety,health,welfare,prosperity,and quality of life. Public Interest—shared interests often expressed as commonly held values that are perceived to be of general benefit to the whole community and the welfare of the general public versus that of specific entities,and which warrant recognition,promotion,and protection by the City. Up-to-date—being in accord with relevant facts,knowledge, techniques,styles, etc. Land Use Policy Building Blocks GOAL 1. Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. POLICY BUILDING BLOCKS: Policy Principle (Cornerstone) : Other Building Blocks (actions and results) • A state acknowledged Comp Plan is required. The City must comply with • Must coordinate planning efforts with Metro Functional Plan, and natural resource and the existing state/regional transportation planning. land use structure. • Must be transparent and represent the aspirations and desires of Tigard's citizens. • Should be understandable by citizens (absent of jargon). • The Comp Plan serves as the land use foundation for the City. • • The Comp Plan is the primary approval criteria for legislative land use regulations, related plans and Comprehensive Plan /Zoning map amendments. • Coordination of local planning efforts with other agencies and jurisdictions is important.' - -[Comment:Do we share resources? Assembled Policy (example): 1. The City's land use program shall establish a clear policy direction„comply with state and r gional requirements,and shall also erve its jcitizens' _ — Comment:Thought Bank: Own interests. Neighborhood Retail J \\"(Deleted:be consistent 2. The City's land use regulations,related plans and implementing actions shall be consistent with and implement its Comprehensive Plan. \"[Deleted:but Deleted:be transparent,easy to 3. The City shall coordinate the adoption,amendment,and implementation of its land use program with other potentially affected jurisdictions and ,understand,and agencies. • • 1 Policv.Principle (Cornerstonel: Other Building Blocks (actions and results) • Metro 2040 Plan designates design types meant to organize an efficient strategy for regional growth. State and regional land use • Tigard contains a number of design types, including the Washington Sq. Regional Center, Tigard law promotes the efficient Triangle, Tigard Town Center, and higher density; pedestrian and bicycle friendly, transit oriented use of land. Corridors. • Incentives and redevelopment programs are tools used to encourage the efficient use of land. Assembled Policy: 4. The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. 5. The City shall promote intense urban level development in Metro-designated Centers and,Corridors,and en ployment and industrial areas. —{Deleted:, Policy Principle (Cornerstone) : Other Building Blocks (actions and results) • Residential, Commercial, Office Employment, Mixed Use, Industrial, Overlay Districts(Parks and Open Space Designations), and Community Services are important and recognized land uses for the City of Tigard. • The Comp Plan is the basis by which the City establishes and sometimes amends specific land Regulatory maps and codes use districts. should allow for a balanced • The state requires the full range of needed land uses be acknowledged by the Comp Plan. mix and range of general • Overlay districts are necessary where special planning and regulatory tools are warranted. land uses. • The Plan identifies general land uses to be a flexible policy tool. • Tigard is mostly built out and its land use districts have been in place for decades. • A properly balanced mix of land uses ensures tax revenues for fiscal and social stability and to fund,public services. _ , Deleted:community Assembled Policy: 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; • B. Commercial and office employment including business parks; C. Mixed use; D. Industrial; E. Overlay districts where special planning and regulatory tools are warranted;and F. Public services.L — Comment:Public Services Include? 2 • Policy Principle (Cornerstone):L Other Building Blocks (actions and results)1 comment:A definitions page is • Public facilities should be committed before land use approval. needed. j • Public facilities should be constructed prior to occupancy. comment:Development helps pay for services • Development must address site specific costs either by paying for construction or fees associated rff 1 New development hall_ - with the development. \\-Comment:When the amount is demonstrate adequate more dthha1nn adproportionate share, !public facilities are available Background Information: comment •shan'=•moat and pay their fair cost for • System wide impacts are normally addressed and reimbursed through System Development ceded services. .Charges SDCs YlDeteted:should . . -. .. 9 .. �_ — .- - Comment:User friendly - • In Washington County transportation impacts are addressed through a County-wide - - -_ -_-- Transportation Impact Fee program. ` I Comment:Can we stop a \ 1 l development? J • )The City provides essential development related services, such as planning, building, and YDeteted:the engineering assistance. It is in the overall public interest that those who benefit from this service pay for it.l i ..._ Comment:Is this an attack on —1 • The citizens of Tigard are concerned about the future of public services, which includes safety, . lde°elopers? schools, and infrastructure. Icomment:Remove for Later Discussion. • The citizens of Tigard are also concerned about natural resources.1 — Comment: Additional Discussion: Assembled Policy: •Redevelopment Plans:Infill,equity •Half Street Improvements:How will we connect?(i.e.72nd)Should Include 8. The City shall require appropriate public facilities are made available,or committed to,prior to development approval and are constructed prior to completion of sidewalks and bike paths(Using bonds/credit) or concurrently with development occupancy.• •Promote rational public facilities •Impact studies required during the land use process are"lame."What 9. The City shall institute fees and charges to ensure development pays for development related services and assumes the appropriate costs for are the true impacts?Transportation, impacts on the transportation and other public facility systems. water quality,natural resources,other land uses. •Does development pay for schools? (yes) • 3 Policy Principle (Cornerstone) : Other Building Blocks(actions and results) • Land use activities can create or be affected by hazardous conditions. The City seeks to protect • Regulating land use activities can prevent the creation or exacerbation of hazardous broad community health, situations. • safety,and vvelfare.L _ _ • Examples are traffic conditions, inadequate public facilities and services, and natural hazards. __ , Comment:Housing Types: • Other chapters of the Comp Plan specifically address these situations, but a specific land use ` demogarbalphoconditinsfketand policy states the City's position on adopting regulations and standards. comment:Sustainabiltty of Natural Resources Should this be a separate principle? Assembled Policy: 10. The City shall adopt regulations and standards to protect public health,safety,and welfare from hazardous conditions related to land use activities. Policy Principle (Cornerstone): Other Building Blocks (actions and results) • Promote high quality/innovative design and construction. Planned Developments are a • Protect natural resources/preserve open space. tool that can allow flexible • Land use compatibility/adapt to site conditions. standards and create unique • Are useful for infill development on small and/or difficult to develop sites. fr neighborhoods.[ _ _ _ • Should be easy to administer and attractive to use by developers. _ 'I Comment:We need tools to create • In the past, standards were often voluntary; their mandatory use is more prevalent today as l innovative developments. projects have the potential for significantly affecting existing development. Assembled Policy:l — — Comment:Provide a wide range of tools... 11. The City shall provide a wide range of tools,including planned development,to promote: A. High quality and innovative design and construction, B. Land use compatibility, C. Protection of natural resources, D. Preservation of open space,and E. Regulatory flexibility necessary for projects to adapt to site conditions. 4 Policy Principle (Cornerstone): Other Building Blocks (actions and results) Absent a change in • Tigard has an Urban Planning Area Agreement with Washington Co.I , -(Comment:No'Bull Mountain Policy' Washington County's policy • A significant part of the Urban Planning Area has been urbanized in unincorporated and state annexation law, Washington Co. Key services (mainly sewer services) have been provided by County the City should not continue Service Districts. , — Comment:This policy should refer to plan to provide services • Tigard's municipal boundaries may never include these areas; especially if Washington Co. \ Metzger. shoul,forexaoad p p 9 p Y p Y � 9 Metzger.This should be a broader for these areas[.I _ _continues_its_current practices. \ policy.• Jvletro Urban Growth Areas 63 and 64(adjacent to Tigard's Urban Planning_Are)currently_ "\ "comment:IGA with Washington are not contiguous to the City limits and cannot be annexed \ \ _county _ J �\ \ Comment:Does the Plan need to Assembled Policy: a\\\\ `ay what we aren't going to do7 Comment:Remove for later \\\ discussion \\ Deleted:.c#> ¶ 12. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected be within \tComment:Public Facility Plan the City limits during the planning period. Deleted:¶ Absent a change in Washington County's policy and state annexation Policy Principle (Cornerstone l: Other Building Blocks (actions and results law,the City should not continue to ) plan to provide services for these areas. ¶ _ • The Development Code, Plan and Zoning Map, and Comprehensive Plan contain this Land use criteria and criteria requirements are important • Federal, State,and other agency requirements must,be met -(Comment:This is true for more than components of Tigard's land • Applicants, and not the City, should bear the burden of proof to meet adopted criteria and l lust land use and development use program.! _regulations. _ `[Deleted:sometimes • The"burden of proof test" is also applicable to the City of Tigard and other government Comment:This could be a second 1 entities when they are in the role of the applicant. ff goal. 1 - -i Comment:We need a guide to l evaluate development. Assembled Policy: 13. Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code,the Comprehensive Plan and,when necessary,those of the state and other agencies. . 0 End of Discussion 2-4-08 5 Policy Principle (Cornerstonej: Background; • By conditioning approval, the City can assure a definite land use(s) per specific design/ development requirements. • With no conditions to prevent otherwise, a developer can construct a wide variety of uses allowed within a zone and not necessarily what was proposed during the amendment. Amendments to the Comp Action Itemsk _ -Comment:Use these statements as Plan/Zoning maps should be • Transportation/public facilities and services must be available and of sufficient capacity. — guaelinestodevetusthespectr�c uaerta that will be used. subject to specific criteria • Should not negatively affect existing or planned transportation\public facilities and services. on a case-by-case basis • New land use designations should fulfill a proven community need and demonstrate a currently (1 yellow dot): inadequate amount of developable land for land uses allowed by the new designation. • Land uses allowed in proposed designation should be developed in compliance with all applicable regulations. • Should be compatible or capable of being made compatible with environmental conditions and surrounding land uses • Should not detract from the viability of the City's naturals ster Assembled Policy: 14. In addition to other Comprehensive Plan goals and policies deemed applicable,amendments to Tigard's Comprehensive Plan/Zone Map(s)shall be subject to the following specific criteria on a case-by-case basis: A. Transportation and other public facilities and services shall be available;or committed to be made available and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment,housing,public and community services,etc.in the particular location,versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable,appropriately designated land for the land uses that would be allowed by the new designation; E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; F. Land uses permitted by the proposed designation would be compatible or capable of being made compatible with environmental conditions and surrounding land uses; G. Demonstration that the amendment does not detract from the viability of the City's natural systems. 15. The City may condition approval of a Plan/Zoning map amendment to assure the development of a definite land use(s)and per specific design /development requirements. • 6 Policy Principle (Cornerstonel: Background: • Development plans submitted concurrently and as a condition results in certainty for the City. Amendments to Comp • This allows the design, public facilities, and compatibility issues to be addressed. PIan%Zoning maps should be • May allow quicker turn around on approving a development plan following amendment approval. timely and resolve uncertaint _ _ _ _ Action Items: Comment:What does resolve • Property owners/developershould have the opportun y to submit concurrent amendments. - uncertainty mean? 1- Comment:Should citizens be Included here? Assembled Policy: 16. The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map(s) and for development plan approval of a specific •land use. Recommended Action Measures: Review and analyze the use of the Planned Development process as a way to gauge its functionality and whether it is working as intended. 77'v , Review and analyze the current zoning districts in order to make a recommendation on any needed changes. Review the Comprehensive Plan every two years to ensure consistency with current community conditions and values. • 7 • Policy Principle (Cornerstone): Background: • City Council should have the flexibility to make changesito the City's land useprogram based , - Comment:Under what upon finding that it is in the overall public interest) circumstances do changes get made? • Planning Commission has an advisory role of making recommendations to Council to initiate ." Comment:What Is the criteria that Is used to make changes? Updates to the Comp Plan legislative actions. `(Comment:Define public interest. and land use programs and • Some communities allow for a collection of citizen initiated legislative amendments to be regulations are needed from considered at certain times on an annual or bi-annual basis L-: , ,otj _ , -{Comment:These are usually in the time to time. • Citizens/development interests have the opportunity to initiate legislative changes l form of code amendments. (1 yellow dot, 14 ) Action Items: • Periodic review and updates ensure responsiveness to community needs and conditions, and applicable rules and regulations. • Assembled Policy: 17. The Council may at any time,upon finding it is in the overall public interest,initiate legislative amendments to change the Comprehensive Plan text,Plan/Zoning Maps and/or the Community Development Code. 18. The Planning Commission may at any time recommend to the City Council that it consider initiating legislative amendments to the Comprehensive Plan,Plan/Zoning Maps and/or Community Development Code. 19. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs,provide reliable information,and conform to applicable state law,administrative rules,and regional requirements. Recommended Action Measures: Develop a mechanism,such as an annual community values survey,to determine what exactly is in the public's interest. Review Chapter 18.390 of the Community Development Code to ensure it is serving its intended purpose. • 8 . Policv.Principle (Cornerstone): Background: • The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. Land use review and site • The citizens of Tigard are concerned about the impact of growth on the community's natural design are tools the City can resources. use to ensure orderly • development _ Action Items_ _ Comment:Is the wording of this • Communities use standards such as building height, setbacks, lot coverage, and parking Policy Principle OK7 requirements to regulate land use. • Communities also adopt standards to preserve natural resources, water quality, landscaping, tree protection, etc. • The City has flexibility to adopt and apply natural resource protections and programs ranging from Metro minimums to those more far reaching. Assembled Policy: • 20. The City shall require all development to conform to site design/development regulations, 21. The City shall identify,designate,and protect natural resources as part of its land use program. Recommended Action Measures: Develop criteria to identify and protect unique resources that do not currently have protections. Review and update the Planned Development toolbox. (I • 9 Policy Principle (Cornerstone): Background: • Council has flexibility to implement design standards to varying degrees. • Land-use compatibility is important in developed communities experiencing infill; especially with large residential lots being developed more intensely. ti ftkij The citizens of Tigard are • Tigard currently has compatibility standards in the form of buffering and screening standards, concerned about growth and but may wish to address site and architectural design elements in the future. development in the • City Council has explicit discretion to adopt a wide range of development related compatibility community and the standards. compatibility between new and existing development. Action Items: • (2 yellow dots) • Infrastructure design needs addressed as it relates to compatibility. ;% , • New growth and develo•ment should align with citizen's concerns about new and existing development. ,10?.;) • Design standards promote quality urban development and can enhance the community's value, livability, and attractiveness. • • Design standards can allow or limit ti �; ,development to adapt to constrained site conditions. • New development should be required to address compatibility between it and adjacent existing and future land uses. (1 yellow dot) Assembled Policy: 22. The City shall require that new urban development does not diminish the quality of life in the community. 23. The City shall require new development,including infrastructure,to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. 24. The City shall establish design standards to promote quality urban development and to enhance the community's value,livability,and attractiveness. Recommended Action Measures: • Review and analyze the Planned Development code language to determine if any sections should be applied at the subdivision level. 21 ;"t'.ly 10 Definitions: Up-to-date Promote Efficient Balanced (mix) Public Facilities and Services: Projects, activities and facilities which the planning agency determines to be necessary for the public health, safety and welfare. (Statewide Planning Goal Definitions) Fair Cost Thought Bank: Do we share resources? Neighborhood Retail • When the amount is more than a proportionate share, what do we do? Redevelopment Plans: Infill, equity Half Street Improvements: How will we connect? (i.e. 72nd) Should include completion of sidewalks and bike paths (Using bonds/credit) Impact studies required during the land use process are"lame."What are the true impacts?Transportation, water quality, natural resources, other land uses. Sustainability of Natural Resources-Should this be a separate policy? Coordination of Planning Documents We need a guide to evaluate development. • 11 • Tigard ' s Urban Forest Comprehensive Plan Amendment 2008-00002 March 17, 2008 • John Floyd, Associate Planner Todd Prager, Arborist 1 Background • Subsection of Land Use Chapter (Goal 2) • • Partial Fulfillment of Council Resolution 07-30 (Interim Charge Statement for Tree Board) • Fulfills Planning Commission decision on December 11 , 2006 to wrap previous tree • code updates into Comp Plan Update 2 Why Tree Chapter • Defining feature of Tigard • • Extensive literature exists on the public value and contributions of mature and well-managed trees • Community surveys reveal strong support for protection of existing trees (84% approval) • • Homebuilders and Residents desire change in existing regulatory structure 3 Roleof Tree Board • Tasked by Council to develop and • recommend updates to the Comp Plan • Held 20+ public meetings, including joint meeting with Planning Commission in October 2007 • Consensus based approach • • Considered substantial public input 4 Why not Goal 5? • Trees provide benefits beyond natural resource systems (economic, social, • stormwater management, temperature moderation , etc. ) • Not every tree creates high-quality habitat or contributes to wetland and riparian processes • • The Natural Resources Chapter will address trees that contribute to natural resource systems. 5 HBA General Concern # 1 • Desire specific exemptions from existing mitigation requirements (i.e. trees located in • road right-of-ways, driveways, building pads) • Staff Response: — Inappropriate level of detail for Comprehensive Plan — Changes to existing protection/mitigation structure should be done in a comprehensive manner — Recommended Action Measure "i" and Council • Resolution 07-30 identify and require a comprehensive and coordinated update of all tree related regulations, standards, programs and plans. 6 HBA General Concern #2 • Concerned that draft goals and policies would • compromise or deny development rights on residentially zoned land • Staff Response: — Goals and Policies emphasize minimization of tree removal and focused preservation, not absolute protection for all trees — Policies mandates the availability of flexible and • incentive based protection and planting standards — Refinement of 18.790.030(A) that states "Protection is preferred over removal wherever possible." Next Steps & Future Work • Planning Commission to hold Public • Hearing on April 7 • Consideration by Council on June 3 • Interim tree regulations may be developed to temporarily bridge the gap between existing and future regulations 8 Next Steps Continued • Tree Board and Staff will prepare draft amendments to municipal/development codes • — In coordination with Planning Commission and Committee for Citizen Involvement — Will include substantial public outreach to notify affected stakeholders, identify options, and develop a regulatory scheme appropriate for Tigard — Historical Tree Canopy Analysis is underway and will inform code update • — Both mitigation and protection strategies to be revisited 9 Next Steps Continued • General recommendations will be • developed by the Tree Board regarding Management of Tigard's Urban Forest • Land use densities will also be reviewed as the Comp Plan is implemented • 10 • • ,1 MEMORANDUM ( _ ::,lay .* 3 • TO: Tigard Planning Commission FROM: Dick Bewersdorff, Planning Manager RE: Planned Developments/Open Space Requirements/Commercial and Industrial Development DATE: March 14, 2008 The Planning Commission requested information on specific Planned Development and Open Space requirements in Commercial and Industrial Developments. Open Space Requirements Open Space as it applies to Commercial and Industrial Planned Developments is covered by Code Section 18.350.A.4.m. (2006 amendment): m. Shared open space facilities: The detailed plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: 1) Minimal use facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes,wetlands, streams or 100 year floodplain). 2) Passive use facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements) for passive recreational use. 3) Active use facilities. Up to 100% of the open space requirement maybe satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements) for active recreational use. 4) The open space shall be shown on the final plan and recorded on the final plat or covenants. While it was not identified in the recent Fry zone change hearing by an apparent oversight, number four above clearly implies subdivisions. The development of commercial and industrial projects in Tigard has not involved the use of the subdivision process. There have been no such subdivisions in the last 18 years and it appears there has never been one. Tigard commercial or industrial development occurs on existing lots or combinations of lots. It is, however,possible to have a commercial or industrial subdivision if the property is large enough. • • To relate the above open space requirements to landscaping requirements the following shows the required landscaping percentages in the specific commercial and industrial zones: • CN - 15%, CC—20%, CG— 15%, CP— 15%, CBD — 15%, IP —25%, IL— 15%, IH— 15% As was indicated at the Fry hearing and the staff report at that time, open space are not additive and can be complementary according to the open space definitions. Potential PD Conflicts for Commercial and Industrial Zones The Planned Development process is primarily intended for use to provide flexibility to standard development code provisions. With the flexibility comes negotiation regarding other planned development purposes related to natural areas, unique neighborhoods,landscape features, the natural environment, etc. In most cases when the PD process is used,it is for the purpose of providing the applicant,builder, developer a means to deal with site specific issues that might be difficult to address under conventional development code standards. The only exception are those areas designated PD when the Comp Plan/Zoning Map was originally adopted in 1983. The PD designation was only placed on certain commercial properties apparently to allow a more vigorous Type III review process versus the Type II process. The areas so designated include: the Dartmouth area CG, the CBD south of Fanno Creek, and the Safeway Center on 99W. There has never been a request by a developer to use the PD process for additional flexibility in a Commercial or Industrial Zone. The only Commercial PD's that have been reviewed are on those properties that were pre-designated. The standards in the commercial and industrial zones as well as development techniques apparently have been adequate for developers without the extra flexibility. As the Commission knows, developers typically choose a land use process that has established standards versus anything that resembles discretionary review. In a non Tigard world, the Planned Development process sometimes allows for the opportunity for mixed use projects. This is usually a larger scale development than is typically seen in Tigard. It is not permissible in the existing code to mix residential and commercial uses through the PD process in Tigard. Certain zones, however, allow the mixture of residential and commercial uses without the PD process. In summary, the conflicts for developers being required to use the PD process for commercial/industrial projects are primarily: (1) increased landscaping/open space (2) the loss of buildable area and (3) the potential vagaries of the discretionary review process. Possible Options for PC consideration 1) Leave the code as is with the open space requirements and the PD process for certain properties. 2) Eliminate the open space requirement for Commercial and Industrial PDs. 3) Eliminate Commercial/Industrial from the PD process as well as PD overlays for such properties. 4) Rezone those PD designated Commercial properties .+Apr 04 08 03: 25p 04703/2008 13:0B FAX • G3aOtlP KAcEENZIE • • Fred Fields 1149 SW Davenport Avenue • Portland,OR 97201 • • April 3,2008 City of Tiegiard Plmmg Cceomaiasion Attention:Jodie)men,Poesident • 13125 SW:Hall Boulevard Tigard,OR 97223 Re: Proposed Urban Forest Comprehensive Plea Amendment Dear Ma.President and other M®bers of the Comoa: The porpoise of this letter is to formally submit my comments into the record riding the proposed amendments to the City of Tigard's Comprehensive Plan regarding the Urban Forest(Subsection of Goal 2 dated March 17,2008).I have appreciated the City Staffs efforts to keep erne informed on prrogrtss of'this issue,mchidi ng the=brutes$mathe nicest Phoning Co nunisauon Workshop.Iz is my umicestrunlingthaathe Home Builders Association (RBA)hoe provided extensive testimony on this matter and, along with other members of the development community,has appealed the recent Planning Director's Interpretation regarding tree protection. While I do appreciate the importance and value of existing trees for the City cif Tigard, the proposed amendments do meson sev ralcoocern-sspe:ifctnmypcopertybet reenSWBalland ihmailzeicarbridiandi outline below.In general,I am opposed to additional regulatory requirements and policies that further restrict the ability to develop my P=pertX most of which is designated for industria,I development Coneady,of the approximakely 60 acres I have owned for several years,about S acres cannot be developed due to floodplain and the City's Sensitive Lands Overlay Zone.Although the city bas dssigmted m,r property for industrial dev .lop:mat,the city's amesrtiegulatiora regarding tree p[sirati n aheady significantly conflict with city • goals for economic development and eanploymeat opportunities.Addificnally,the resorLaims oanfliie:with developing urban infill properties to increase the City's tax base. The prapoJed arimelments to the Comprehensive Plan will only expand this policy conflict,and makes it very difficult for me to determine what to do with my property_ e • From the bigger pietzne,it seems appropriate to preserve trees"...to create a legacy]for fiat gemerafoas." Many of those who arc championing these tree preservation amendments are living and we dr;ng on property that was forested like mine is today.As a long-term owner the City,I am being penalized for not developing or clear-cutting ray property years ago before the city regulated trees to the extent they do today. The city has zoned my property for industrial.Industrial development requires large and generally rectangular • areas of land that cannot be designed around existing trees. I have had numerous developers look at my • property and they all have determined that a significant number of trees will need to be removed to • accommodate industrial uses.The current and proposed tree regulations appear to be Untended for residential uses instead of industrial or commercial uses.I amcuawtly investigating rezoning a portion of my property for • residential uses tint will provide 601111e additional flexibility—dace residential buildings s rate srunthir malt e® incorporate trees more easily than industrial—but this may be a major undertakinf.Therefore,vdde City • policies indicate tayisopaty slalom be aratlable to create join and mmo®e developpomathr tore USN cement and proposed policies and environmental regulations,including but not limited to cpstlytme mitigation fees and the omen eityiate pzetstien that"...tree protection is preferred over re menial who eeverpoeonbl!;main this impossible. • 04/04/2008 FRI 16:28 [TI/RI NO 9369] 0 001 •Apr 04 08 03: 29p p. l 04/03/2006 13:06 PA3 GROUP MACKENZIE tigoo3 e, • • •City of Tiga d Planning Commission Proposed Urban Forests Plan Amendment I April 3, 2008 Page 2 The following will summarize my specific comments on the proposed amendments dated March 17,2008. GOALS COMMENTS It appears that the section of the proposed amendments titled"Goals" sets the fiameWa for following "Policies"and Action Measures"in a n®urt that does not support removal of tunes for development In addition, the"associated vegetation" term used in this section should be farfber defined, because ial almost any development scenario vegetation is required to be removed for the iestalkdion of utilities,roads,and other infrastructure,as well as for site development,which could tie highlypniblernedic for future development in the City. { i • POLICIES COMMENTS 3Palicy 3 Once again it appears that this policy intends to prohibit develop:man where tree rmovel is necessary and place additional mitigation ECCOrailelliS and priority to preseevation of long Boned species on existing • properties. " Policv 4 I art con:ted about the team `uuderstury vegetation" and "associated vicectatice& as used in this Ammklmait.Once again,it is almost impossible to develop a site without removing the existing vegetation to provide utiaities,roads,and"sire development. Policy 7 It appears!that this policy is unnecessary because it is already addressed by existing site development • requirements for minimum landscape percentages and parking lot landscaping. • Policy9 `` For prup..ties dm contain a large amount of long-lived evergreens and broad spreading deciduous varieties, this poliz7f appans to provide a higher priority in the preservation of these ter specifies mho-than Son - development. Policy 10 This policy appears to conflict with its definition and seems to be a specific requirement more suited for placernent'within the development code.In general,thi s requirement places additional burden on developers as a tree preservation plan requires the cansultantation by an arborist,whereas currently the only a landscape plan is required for development applications. 1 Policy 17 As is consistent with other language in the proposed Amendment,this policy appears to once again require tree preservation that prioritizes the retention oftrees in large stands and groves rather than allow for development. • • 04/04/2008 FRI 16:32 [TX/RX NO 93701 lj 001 Apr 04 08 03: 31p p. 1 U4/103/7008 13:07 vex • t KUUr RAcal1rzi. • 4®004 • City of Tig rd Planning Commission ; • Proposed Urban Forest Comprelieisive Plan Amendment I April 3,2018 Page 3 RECOMMENDED ACTION MEASURES Measure iv This measure appears to recommend additional unnecessary standards,and other regulatory standards that developers will have to address in order to remove trees for development. � Meajane This ea i appears to reinforce the current mitigation requirements,which I strongly oppose-The City needs . to be aware of its financial impacts forlargc properties of commercial and industrial lands,1101 joat small residential properties with a few trees. CONCLUSION I . In manna*I am opposed to the proposed Amenclmeat in its c►rarat farm.In al�ddation,I g rSBy am in support of the March 21,2008 letter from the RBA which tontebes an sinew issues align fiam a'iesidentral perspective] rather than an indusmal/oomnac ciaal side: Specifically, I am rcgsc4ing that the Platming Commission re-evaluate Resolution 07-30,and especially Section la,because theTrpc Board sus to have developed.document that does not align with their direction from City CameiL The proposed Ationdsnent suggests language which is too restrictive and more appropriate for development code regulation instead of "goals,policies, and action mourner pe tainioog to tree stewardship and the contribution of lanes and orb= vegetation to Tigard's quality of life,"which is their objective from City Council pet 07-30. For these reasons I am in opposition of the Planning Commission recommending approval of the proposed Amendment. • Sincerely, Fred W.Fields • 1 } M F ' 1 • I II I ; 04/04/2008 FRI 16:33 ETX/RX NO 9371] fJ001 0 • 7a DIRECTOR'S INTERPRETATION TIGARD DATE: February 26, 2008 CODE CHAPTER: 18.790 Tree Removal TOPIC: How should the statement, "Protection is preferred over removal wherever possible" in Section 18.790.030 be interpreted? How can an applicant demonstrate that they have adequately considered tree protection given code preference for protection over removal? DIRECTOR'S INTERPRETATION: I. Introduction A tree plan is required when a development application is filed: 18.790.030 Tree Plan Requirement A. Tree plan required.A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,panel or combination of lots or parcels for which a development application for a subdivision,partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. Historically,applicants have been required to identify all of the trees on the site, specify which will be removed,and propose protection methods for those to be retained. Any or all trees could be removed as long as they were appropriated mitigated. This process does not prioritize protection over removal as required by Section 18.790.030. In order to clarify the intent of the,"Protection is preferred over removal wherever possible" requirement,a Director's interpretation is needed. U. Interpretation One of the primary purposes of Chapter 18.790 of the Tigard Development Code is to preserve existing trees. Therefore,a development application is required to demonstrate that the site analysis and development plan protects the maximum amount of existing,viable trees (i.e.healthy and sustainable individuals or stands). • • The City recognizes that some tree removal is unavoidable in order to meet certain planning and/or construction requirements as indicated in Section 18.790.010. 18.790.010 Purpose C.Ilecognize needier exceptions. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees in order to accommodate structures, streets utilities, and other needed or required improvements within the development. In order to determine that preservation of viable trees has been adequately considered,the tree plan shall include a narrative that addresses the following: 1. How does the site,lot and/or building layout maximize tree retention? 2. How have improvements such as roads,driveways,utilities, and walkways been designed and located to maximize tree retention? 3. Have tree compatible construction techniques been considered and utilized wherever possible to maximize tree retention? (examples of tree compatible construction techniques include but are not limited to tunneling for utilities,"no-dig"pavement installation,and use of retaining walls in certain situations to limit root disturbance) 4. Is it possible to reduce the number of parking spaces to maximize tree retention? 5. Is it possible to reduce the total number of lots to maximize tree retention? 6. Could lot size averaging per Section 18.790.040(2) be utilized to maximize tree retention? 7. Could lot width and/or depth per section 18.790.040(3) be reduced in order to maximize tree retention? 8. How have buildings and building footprints been designed to maximize tree retention? 9. Are offsite trees that may be impacted by development inventoried and adequately protected? 10. Describe additional techniques not mentioned above that have/will be used to maximize tree retention. Failure to demonstrate that the proposed development will preserve viable trees wherever possible may result in findings for denial of a development application. • This interpretation shall become effective immediately. By: Tom Coffee Community Development Director