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05/05/2008 - Packet I :111111 . City of Tigard TIGARD Planning Commission — Revised Agenda MEETING DATE: May 5, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 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 7:15 p.m. 5.0 BRIEFING ON UNINCORPORATED URBANIZATION ISSUES / MAYOR'S LETTER 5.1 CONTINUE DISCUSSION REGARDING "HAZARD TREE" DEFINITION 5.2 GOAL 5 —NATURAL RESOURCES AND HISTORIC AREAS 6. OTHER BUSINESS 8:30 p.m. 7. ADJOURNMENT 8:35 p.m. PLANNING COMMISSION AGENDA— MAY 5, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 • 41 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes May 5,2008 1. CALL TO ORDER President Inman called the meeting to order at 7:03 PM. 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 (arrived later), Doherty, Hasman,Muldoon,Vermilyea, and Walsh Commissioners Absent: Fishel, Caffall Staff Present: Ron Bunch,Assistant Community Development Director;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 Doherty, seconded by Commissioner Walsh, to approve the April 21, 2008, meeting minutes as submitted. The motion carried as follows: AYES: Doherty, Hasman, Inman, Muldoon,Vermilyea,Walsh NAYS: None ABSTENTIONS: EXCUSED: Fishel,Anderson, Caffall 5. WORKSHOPS 5.0 UNINCORPORATED URBANIZATION BRIEFING/MAYOR'S LETTER Ron Bunch, Assistant Community Development Director, spoke briefly about the issue of unincorporated urbanization. He referred to his May 5, 2008, memo, and attachments, and asked the commissioners to read this information before the next Planning Commission discussion on urbanization [scheduled for May 19, 2008]. PLANNING COMMISSION MEETING nIINUI'ES—May 5,2008—Page 1 E:itpc 05-05-08 Minutes.doc [This meeting.in its entirety,is availaise on CO.and retained at City of Tigard Putfx Records.] S • Bunch also spoke about the ethics rules and the fact that Council will be meeting on this topic the next evening. The "Ethics Rule" which Council will also be meeting on the following evening came up. Commissioners Vermilyea and Walsh informed the commission that they had contacted the Mayor about some of the questions they were being asked. They felt the questions were burdensome, especially for voluntary commissions and committees— as opposed to elected boards. They particularly disliked being asked about distant relatives and having the threat of fines. The commissioners hope for a less burdensome set of rules. 5.1 CONTINUE DISCUSSION REGARDING "HAZARD TREE" DEFINITION At this point,John Floyd,Associate Planner, followed up on-the Mayor's letter thanking the Commissioners for their hard work (Exhibit A). He reminded the commission of how much they'd accomplished so far. He noted that 77% of the Comprehensive Plan has been completed and that they are 3/4 of the way though and thanked them for their hard work and time commitment. Floyd reminded the commissioners that at the 4/21/08 meeting the Planning Commission had made a formal recommendation to Council regarding the Urban Forest Comprehensive Plan Amendment CPA2008-00002,with one item withheld for tonight's consideration. That item being the definition of a "Hazard Tree." At this point, he turned the meeting over to Todd Prager, City Arborist. Prager referred to his memo dated 4-25-08 (Exhibit B). He gave the definition of a hazard tree that staff recommends as: "A tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk." He said he followed up with a phone call to the ISA [International Society of Arborists] and ran the definition by them to verify this was an acceptable adaptation of their definition. He reported they did not raise any objections to it. After a short question and answer time to Prager regarding the definition, Commissioner Vermilyea made the following motion: "I move that the Planning Commission adopt the revised definition of`hazard tree' and incorporate that definition in Urban Forest Comprehensive Plan Amendment CPA2008-00002 and forward to Council for review and approval." Commissioner Walsh seconded the motion. The motion carried as follows: AYES: Doherty, Hasman, Inman,Vemiilyea,Walsh NAYS: Muldoon ABSTENTIONS: EXCUSED: Fishel,Anderson, Caffall PLANNING COMMISSION MEETING MINUTES—May 5,2008—Page 2 E:1tpc 05-05-08 MinuteS.doc [This meeting.in ds entirety.is ava]atle on M.and retained at City of Tigard Pu05c Records.[ • Commissioner Walsh asked whether the Planning Commission would approve of him speaking to Council the following evening as a representative of the Planning Commission and speak to them regarding the Urban Forest. Commissioner Vermilyea said he would be there as well. President Inman stated that, to clarify,both Commissioner Walsh and Commissioner Vermilyea would be speaking on behalf of the Planning Commission at the next evening's Council meeting and asked whether everyone was agreeable to this. All the commissioners agreed to it. 5.2 GOAL 5 —NATURAL RESOURCES AND HISTORIC AREAS John Floyd, Associate Planner, presented the staff report regarding CPA2008-00003, Natural Resources and Historic Areas [Goal 5] chapter, on behalf of the City (Exhibit C). He reminded the commissioners that this was a result of multiple meetings with Policy Interest Teams. He said the Historic Areas part of it was developed over two meetings, and the Natural Resources portion developed over the course of three scheduled meetings (two of which were attended). He told the commissioners that the workshop this evening was intended to provide the Planning Commission an opportunity to ask questions of staff on the concepts or content of the amendment. He noted that Clean Water Services had submitted a letter of comment and that a copy had been provided to them for their review (Exhibit D). He stated that the Public Hearing for this section is scheduled for May 19. At that time, staff will present a lengthier staff report with consistency findings, and public comment will be received and entered into the record. At this point, President Inman told the commissioners they would review the goals, policies, and action measures one by one [pages 6—9 of Attachment"I" Exhibit C] and the meeting was now open for questions or comments on them. Some of those questions and comments follow: [This meeting,in its entirety, is available on CD and retained as City of Tigard public record.] GOAL 5.1— "Protect and restore natural resources, and the environmental and ecological services they provide, through naturally functioning systems that demonstrate a high level of biodiversity." One of the commissioners questioned the word "demonstrate". He said he doesn't think the word adequately gets to what they're trying to say. Another commissioner questioned the word "restore" He wondered "how are we using it and how is it being applied?" After some discussion on this, Ron Bunch,Assistant Community Development Director, said a modifier could be well used here—such as "when possible"— so it would read "Protect and `when possible' restore natural resources, etc." Question by Vermilyea—regarding "the environmental and ecological services they provide"... what services are provided? How about using the word "functions" instead of PLANNING COMMISSION MEETING MINUTES—May 5,2008—Page 3 E:Vpc 05-05-08 Minutes doe (This meeting,in its entirety,is available on CD,and retained at City of Tigard Put&Records.I I S services? Would it be appropriate to split this into two goals... one dealing with protection and natural resources, the other dealing with the restoration of natural resources. Floyd said he can work with that thought and bring it back to next meeting. There was some discussion as to what the "plain language" of this goal is — something the layman can understand. Bunch came up with the "plain language" version of Goal 5.1 as follows: "Protect natural resources and the environmental and ecological functions they provide; and, where possible, restore natural resources to create naturally functioning systems and high levels of biodiversity." He agreed that they have to be separated. President Inman said there needs to be some clarity on what environmental and ecological functions is intended to refer to. She said they will use Bunch's revised definition as the working definition and revisit the issue at the next meeting. POLICIES Policy 1: Vermilyea likes Policy 1 as a goal rather than a policy. He said it articulates what the real goal is better than the goal itself. He had a question regarding 5.1c—values? How does a natural resource have a value? Is this appropriate? Floyd responded that there are human benefits from different natural resources in terms of psychological quality of life —health. Bunch said there are monetary values and other kinds of inherent psychological / cultural /spiritual values associated with natural resources that affect well being. Vermilyea suggested striking the word "values." He said it's impossible to quantify and shouldn't be in this context. It was suggested that this might be a good place to modify Policy 1 to add "where appropriate" rather than "where possible" — so it would read "and `where appropriate' restore natural resources...etc." Policy 2: One of the commissioners doesn't like the words "continue to," and doesn't like "as appropriate" at the end. He suggested deleting the first sentence and dropping everything after that into an action measure. Bunch agreed this would be good. Policy 3: The word "values" was questioned and it was suggested that it be deleted. A new version was suggested for this policy: "The City shall encourage public and private development to use sustainable building technologies and low impact development techniques, and include measures to protect and improve natural resource quality/functions as part of site and building design." One of the commissioners suggested that staff puts this in as an alternative. Inman liked the original version so agreed that a couple of versions would be good. PLANNING COMMISSION MEETING MINUTES—May 5,2008—Page 4 E:Hpc 05-05-08 Minutes.doc (Thus meeting•in its entirety.is avanatie on CD.and retained at City of Tipa'd Put&c Records.( • • Policy 4: After discussion, new wording was suggested: "The City shall actively coordinate and consult with landowners, local stakeholders, and governmental jurisdictions and agencies regarding the inventory, protection, and restoration of natural resources." Policy 5: Commissioner Walsh would like the word "guide" used instead of"inform." Floyd said that works. All agreed that was a better word to use in this case. Policy 6: Commissioner Vermilyea suggested changing "prevent" to "discourage." Floyd agreed that was more accurate. They also reworded the policy to: "Prior to development application or annexation" so the policy would read "The City shall utilize incentives or disincentives as appropriate to discourage property owners from removing or degrading natural resources prior to application for development or annexation." Policy 7: Vermilyea suggested rewording it to: "The City shall protect and,where appropriate, restore riparian and upland habitats on public and private lands" and putting the rest into action measures. Inman disagreed— she said doing that would lead to subjectivity as to what it's referring to - regarding the public and private lands — she thinks it leaves it open. She doesn't think "c" should be an action measure. She believes "preservation and creation of linkages" should be a policy. It was suggested that both "b" and "c" be separate policies. There was discussion on the original wording including "maximum extent possible." Floyd said the Policy Interest Team (PIT) specifically wanted a very aggressive statement here— they wanted "maximum extent possible" to be included— he noted the word "possible" is a qualifier but it is still a very aggressive statement. Commissioner Walsh said he's concerned about the wording "maximum extent possible". Inman summarized that what she's hearing is with Vermilyea's proposed new language, the commission is contemplating removing the "maximum extent possible" language and then in the public comment later, they can give some feedback on that. Vermilyea said, to clarify, that he thinks this is just a language issue - the language is superfluous — that the idea is if we "shall protect and restore where appropriate" then necessarily it is the maximum extent possible. He just doesn't think the language is necessary. Policy 8: It was suggested that the strategies be dropped to action measures - that "preserve" be changed to "protect", that "maintain" be dropped and that "where appropriate" be added. So the policy would read: "The City shall protect and, where appropriate, restore the diverse ecological and non-ecological functions of streams, wetlands, and associated riparian corridors." It was suggested that "b" in 8 is basically the same as "b" in policy 7 above so they can combine the two and just keep the "b" in policy 7. In "d" it was suggested that the word "regime" be changed to "system." Floyd agreed that the word system is better than regime. PLANNING COMMISSION MEETING MINUTES—May 5,2008—Page 5 E:1tpc 05-05-08 Minutes.doc (This meeting,in its entirely.is available on CD,and retained at City of Tigard Putr<ic Records. . . Policy 9: It was suggested that this be shortened to "The City shall implement measures to protect groundwater" and put the rest into action measures. . Policy 10: The question was raised "Do we have an adequate baseline inventory today that can be maintained or do we need to put in some language that says we will improve / develop / etc." Ron Bunch suggested the language: "The City shall periodically update to improve its baseline inventory of natural resources through surveys and monitoring." Policy 11: It was suggested to remove "planned development" or possibly drop Policy 11 completely. . 1 & 2 changes covered this policy. Possibly add an "e" to policy 1 about assisting landowners. RECOMMENDED ACTION MEASURES: A general suggestion agreed upon by the commission was that staff keeps the language in the action measures congruous with the language in the policies. ii. The Planning Commission found this action measure to be too vague and the suggestion was that alternative language be made by staff so this action measure is more understandable. iv. They would like "regionally significant" to be measurable and identifiable. v. It was suggested this one be stricken and revisited should they feel necessary after public comment. vi. Suggestion was made to add "identify and make steps to correct" gaps, conflicts, and opportunities for enhancement." viii. They believe this is redundant. xi. The commissioners suggested that this be reworded to be more easily understood. It was felt to be too broad. Flesh this one out. GOAL 5.2 "Promote the preservation and protection of historically and culturally significant resources." The commission liked this goal as written. POLICIES: Policy 1: It was suggested and all agreed that this be changed to read "The City shall • actively promote the protection and preservation of historic resources and consider the PLANNING COMMISSION MEETING MINUTES—May 5,2008—Page 6 E:Vyc 05-05-08 MinUtes.doc [This meeting.in its entirety.is available on CD,and retained at City of Tigard Public Records.' • • development and implementation of new culturally significant resources and cooperate with organizations involved in their protection." RECOMMENDED ACTION MEASURES: No changes were recommended. At this point the meeting was opened up to public testimony. The following two people testified: John Frewing • The amount of time allotted for public comment on this chapter is a concern. The material is admittedly rough as the opportunity for citizen involvement has been limited. • There should be no limit to the degree of specificity or lack of specificity included in the policies. The things that should be policies are the things that are important regardless of whether or not they are more specific, or more general. • The Planning Commission should request of staff a comparison of the current and proposed Comprehensive Plan policies. In some degree, the current plan is better than what is proposed, in others it is worse. • The introduction to the proposed chapter should be expanded to include real information beyond that which is currently in the proposal. The policies of the proposed Plan should refer to maps in the expanded background information, as is the case in the current Plan. • The creation of natural resource zones should be talked about and added to the policies. • To explain action measure xi: The state permits wells and pumping from streams for residential and commercial uses. If you don't pump for a period of five years the permits can be canceled. There are currently thousands of those permits sitting out there which have not been used in years. Tigard should aggressively pursue getting rid of the ones that pump water from Fanno Creek, for example. Tigard should make sure we know what water rights exist, are they current, are they being used, etc. • The word "values" should remain in the document. Metro's Standards and Guidelines for Sustainable Sites comments on both the functions and values of ecosystems, which are different. The definition of"values" should include both the economic value and the intrinsic value of these resources which is ascribed by humans. • Trying to wordsmith the document too closely is fraught with problems. The language must represent what the people of Tigard want, be understandable by lay citizens, but does not need to be defensible in a court of law at this stage. • Insertion of language such as "where appropriate" should be removed in addition to "the maximum extent possible". Let's not leave some of the specificity in and take the rest out. PLANNING COMMISSION MEETING MINUTES—May 5,2008—Page 7 E:ttpc 05-05-08 Minutes.doc (Pis meeting,in its entirety.is available on CO,and retained at City of Tigard Putc Records. 40 • • In policies related to goal 5.1 it is important and Tigard citizens would support • language to minimize water use, minimize the use of air polluting mechanisms, recycle waste, minimize noise, night light, and other things that impact us and our natural systems. This language is appropriate in the Environmental Quality section, or here in the natural resources section which is better. • Policy 3 should be applied to individual site, not just development projects (structures). There are good ideas in the Metro document Standards and Guidelines - for Sustainable Sites. • Strengthen Policy 4 to "The City shall manage its natural resources through consultation with..." It is his experience that the City does not do this very well currently. • In Policy 7, the language "maximum extent possible" should be taken out only if "where appropriate" is also taken out. • Policies 7 and 8 should be separated so that one policy addresses upland habitat and the other addresses riparian areas. Mitigation can come out as a separate concept. • The proposed chapter should mention Metro's model ordinance, Title 13 which is a stronger action than riding along with the rest of Washington County's voluntary habitat friendly development provisions • On the subject of high scenic quality and view sheds, Portland does this already. Tigard downtown does this as well. The policy should read for sites other than downtown. For example, the view across the meadows of Cook Park to the Tualatin River, and along Fanno Creek somewhere. • Sue Bielke • The Policy Interest Team was not given enough time to go through the policies, or put together the action measures. She would like to meet a few more times to cover everything. • Standard wording is protect, conserve, and restore natural resources. This should be in the Comprehensive Plan as well. We can define what these things mean. • The Comprehensive Plan needs a really good glossary so we don't have to dumb everything down. • On the subject of services vs. functions,John mentioned the Metro Plan. "Functions" and "services" are commonly used in natural resource documents and should be used here as well. We can define these as well. • The wording "where appropriate" does not belong in the Comprehensive Plan because it gives the City an out for things the community should be doing. • In every single policy we want to make sure Uplands are included. We do have uplands that are important. They are ecologically just as important as a wetland. • The word values should be left in and defined. • In Policy 7, leave the wording "fish and wildlife" because that was important to the PIT. Sometimes you restore habitats just for habitat value, other times for fish and wildlife habitat. • The "maximum extent possible" should be left in, but we can define it. Lots of time this will be limited by funds. Wants to discuss this concept some more. PLANNING COM1bIISSION MEETING MINUTES—May 5,2008—Page 8 E:Spc 05-05-08 Minutes.doc [This meeting,in its entirety,Is available on CD,and retained at City of Tigard Pubtc Rewfds.) • • • Additional Policy language: • The City shall create a distinct zone for open spaces, greenways, etc. in order to protect the natural resources that occur in these areas. • Protect and restore rare habitats and species such as oak prairie habitats. • Includes Fish and wildlife too • We can define rare. Very valuable. • Hydrologic regime should remain, because it is a scientific term. It is not the same as a function. A wetlands example is the regime of how much water is there in winter vs. summer. As a land manager you have to look at that hydrologic regime to restore the functions and the values. • In Policy 10 she disagrees with Staff; she does not think we have a good inventory. Alternative policy language: • The City shall conduct surveys of all natural resources in order to establish a baseline inventory. • You can't have a baseline inventory until you do your surveys. • The City shall periodically maintain and update that natural resource inventory. • Alternative Action Measures • Conduct surveys and monitoring of habitat and species periodically. (Might depend on funding). • Engage citizens in surveying, monitoring and evaluation. • There are people who are more than willing to participate • Identify opportunities for funding availability. (such as grants) • Action Measure 9 should be changed to the Oregon Conservation Strategy. This is a blueprint for how we want to manage our fish,wildlife, and plant species statewide. The next step is to get funding. • Agrees with John and recommends Metro's Title 13. The CWS standards set up to protect water quality, not habitat. 6. OTHER BUSINESS — It was decided they were not ready for this to go to a Public Hearing and that this workshop would be continued to the next meeting—May 19. 7. ADJOURNMENT President Inman adjourned the meeting at 11:00 p.m. Doreen Laughlin, Administra 7 Specialist II A'fl'EST: President Jodie Inman PLANNING COMMISSION MEETING MliNtTI'ES—May 5,2008—Page 9 E:Vpc 05-05-08 Minutes.doc [TMs meeting,in its entirety,is avagade on CD,and retained at City of Tigard Public Records.) • • • • City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 u1 111111 is . • May 5, 2008 T I GARD EXHIBIT A Members of the Planning Commission and Tigard Tree Board: I want to convey Council's appreciation for your hard work, good judgment and perseverance over the past year. I am aware that development of the Urban Forest Comprehensive Plan Amendment is the product of many volunteer hours and has not proceeded without controversy. Thank you all for your commitment and efforts to reach consensus. As you demonstrated at the April 21, 2008 Planning Commission meeting (when you worked late into the night), your commitment to our community is extraordinary. I look forward to receiving the Commission's recommendation. Regards, Craig E. Dirksen, Mayor City of Tigard • Copy. Tigard Qty Council Tom Coffee,Community Development Director Dennis Koellermeier,Public Works Director Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • • MEMORANDUM T I GARD EXHIBIT B TO: Planning Commission FROM: Todd Prager, Associate Planner/Arborist RE: Definition of"Hazard Tree" for Urban Forest Comprehensive Plan Amendment (CPA2008-00002) DATE: April 25, 2008 At the April 21, 2008 Planning Commission Public Hearing regarding the Urban Forest Comprehensive Plan Amendment (CPA2008-00002), staff was given direction by the Planning Commission to revise the definition of"hazardous tree" based upon the International Society of Arboriculture (ISA) definition. The following is a discussion of draft language presented at the hearing, a suggested alternative received during public comment, and staff's recommendations as based on the ISA Dictionary. The following definition of"hazardous tree"was recommended by the Tigard Tree Board, and is in the existing Urban Forest Comprehensive Plan Amendment: 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 propery and where pruning or other treatments will not significantly alleviate the hazard. Ken Gertz,member of the Home Builder's Association of Metropolitan Portland, put forth the following definition of"hazardous tree", stating that it tracks more closely with the ISA definition and takes into consideration future improvements constructed around trees: 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 fail and injure persons or damage properly either existing or potential and where pruning or other commonly accepted arboricultural practices dents will not significantly alleviate the hazard. The ISA On-Line Dictionary does not have a specific definition for"hazardous tree", however it does define "hazard" in the context of arboriculture. The following definition of"hazard"was pulled verbatim from the ISA On-line Dictionary of Arboricultural Terms: Hazard-situation, condition, or thing that may be dangerous. (1)in tree management, a tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. (2)in tree care or forestry operations, the presence of a condition or situation that may cause harm or injury to workers. Page 1 of 2 • • While the ISA On-line Dictionary does not have a specific definition of"hazardous tree", staffs opinion is that the above definition of"hazard" as it relates to tree management represents an equivalent substitution. Also, since the term"hazard tree"is more consistent with the content of the Urban Forest Comprehensive Plan Amendment and common arboriculture industry usage, staff recommends defining the term"hazard tree" as opposed to "hazardous tree" in the document. Based on the above findings, staff recommends the Planning Commission adopt the following ISA based definition of"hazard tree": Hazard Tree -a tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. Page 2 of 2 • • MEMORANDUM TIGARD 2027 EXHIBIT C TO: Planning Commission FROM: John Floyd, Associate Planner RE: Goal 5 —Natural Resources and Historic Areas Workshop DATE: April 28, 2008 At the May 5th Planning Commission meeting, staff will present draft goals, policies, and recommended action measures for the Natural Resources and Historic Areas Comprehensive Plan chapter for Planning Commission review, discussion, and editing. These draft goals, policies, and recommended action measures are intended to reflect the community's values and aspirations for natural resource and historic areas planning. They also aim to organize and coordinate the relationships between people, land, and resources to meet the current and future needs of Tigard. This language is founded,in part, on the following sources: • The Tigard Beyond Tomorrow Visioning Process • Community surveys over the past several years • Tigard 2007: A Comprehensive Plan Resource Report • Public Comments received at Policy Interest Team Meetings 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. Previous chapters reviewed by the Planning Commission and Council have revealed that both bodies want to receive and honor citizen recommendations, but that final language should provide flexibility regarding future implementation. As such, this is the appropriate time to evaluate the Policy Interest Team recommendations versus the views of the Commission on what it ultimately recommends to City Council. The intended outcome of the meeting would be a consensus on the final draft background, goals, policies, and recommended action measures that will be brought before the Planning Commission for a public hearing on May 19`h. 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. Remember, staff is available to answer any questions or concerns that you may have leading up to the meeting and 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. 1 • • The attached material for this topic includes: • Draft background information,goals,policies, and recommended action measures • Policy Interest Teaming After Meeting Memo of October 3, 2007 • Policy Interest Team After Meeting Memo of November 19, 2007 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. 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. 2 • • 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 • • Attachment "1" Natural Resources and Historic Areas Each community possesses certain natural and historic resources that help to establish its identity. Tigard is fortunate to contain a variety of these resources that contribute to its high quality of life. From the riparian corridors along the Tualatin River and its tributaries, to the City's wetlands, to the upland habitat resources, the community's natural resources are a visual and ecological asset. The historic and cultural resources of the community represent a part of the community that provides a living history of the area. Protecting and conserving these resources are vital components to a successful land use planning program. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces "To protect natural resources and conserve scenic and historic areas and open paces." As awareness of the importance of natural and historic resources and their relationship to the quality of life has increased, so has concern for protecting these resources. Protecting the City's valuable natural and historic resources is thus one of Tigard's primary goals. In addition, the City must comply with federal, state, and regional laws protecting the resources, including sensitive, threatened, and endangered species and their habitats. The following resources are addressed in this chapter: • Fish and Wildlife Habitat • Wetlands • Streams . • Groundwater • Historic and Cultural Resources As Tigard's population continues to grow, so does the potential for conflict between the desire to preserve resources and the need to provide adequate land for growth. As development patterns change to accommodate growth, more pressure is placed on the resources that are present. The tension between the built and natural environments results from the competition for land resources. The steady trend of growth and development further necessitates the importance of finding a suitable balance in the future, both locally and regionally. Fish and Wildlife Habitat Despite growing urbanization, Tigard and the surrounding area remain home to an impressive diversity of birds, mammals, fish, amphibians and reptiles. Fish and wildlife species depend on a complex array of habitat conditions for their food, water, mobility, security, and reproductive needs. Wildlife habitat within the City of Tigard is heavily concentrated adjacent to water bodies, such as streams and wetlands. However, there are patches of upland habitat in drier, higher elevations across the City. This upland vegetation not only contributes in providing protective cover for wildlife, but also contributes to the aesthetic quality of the community and serves as an essential element in controlling runoff and soil erosion, moderating temperatures, and reducing air pollution. CPA2008-00003 1 Goal 5 City of Tigard • • Attachment "1" A number of agencies are involved in the effort to address the management and protection of fish and wildlife habitat. In 2000, Metro began work on a regional inventory of significant fish and wildlife habitat, focusing on riparian corridor and wildlife habitat resources. Shortly after completion of the inventory in 2002, the Tualatin Basin Partners for Natural Places, an affiance between Washington County and local cities (including Tigard) working with Metro, Tualatin Hills Parks and Recreation District and Clean Water Services, was formed to meet relevant federal, state, and regional requirements. Metro entered into an intergovernmental agreement (IGA) with the Tualatin Basin Partners for Natural Places to develop a basin- specific approach to protect Goal 5 (riparian and wildlife habitat) resources in compliance with the Metro's Urban Growth Management Functional Plan, Title 3 (Water Quality and Flood Management) and Title 13 (Nature in Neighborhoods). The result of the IGA was the City adopting voluntary habitat friendly development provisions in December 2006 that seek to protect the wildlife habitat identified within the community. The provisions include an opportunity for low impact development practices that can reduce impacts to the identified resources. The Tualatin Basin Partners for Natural Places used the regional habitat inventory as the basis for conducting a general analysis of the Economic, Social, Environmental, and Energy (ESEE) consequences of allowing, limiting or prohibiting uses that would negatively impact inventoried resources. The site-specific component of the ESEE analysis provided a more localized analysis and an opportunity to refine the Basin-wide "limit" decision where necessary. The analysis results show that the City of Tigard has 588 acres of habitat designated as "strictly" limit (i.e. Metro inventoried Class I and II riparian resources within the Clean Water Services Vegetated Corridor). An estimated 370 acres of Class I and II riparian habitat situated outside the Clean Water Services' vegetated corridor are designated as "moderately" limit. In addition, 422 acres of non-Class I and II riparian resources within the City are designated as "lightly" limit, including both upland and lower-value riparian habitat areas. Wetlands Wetlands, including swamps, bogs, fens, marshes, and estuaries, play a crucial role in a healthy ecosystem by providing essential habitat for waterfowl, fish, amphibians and many other animal and plant species. The state defines a wetland as an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Oregon Administrative Rule (OAR) 660-023- 0100). These areas also serve several natural hydrologic functions, including absorbing flood waters, sustaining summer stream flows, replenishing groundwater, and filtering out harmful pollutants from waterways. Wetlands also offer prime sites for people to witness the wonders of a unique natural setting where fish, wildlife, plants, and water converge. These beneficial functions of wetlands, however, may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. CPA2008-00003 2 Goal 5 City of Tigard • • Attachment "1" As outlined under OAR 141-086 for Wetland Conservation Planning, Tigard's locally significant wetlands were designated according to the criteria and procedures for identification of significant wetlands adopted by DSL. Inventoried wetlands were deemed significant if they received the highest rating on at least two of the four primary wetland functions, namely wildlife habitat, fish habitat,water quality, and hydrological control. Of the wetlands (within the City limits) identified in Tigard's Local Wetlands Inventory, roughly 98% are classified as significant wetlands. In 1997, the City of Tigard Local Wetlands Inventory (LWI) and Wetlands Assessment were approved by DSL. Approval by DSL means that the wetlands inventory meets state LWI standards, and therefore becomes part of the State Wetlands Inventory and must be used in lieu of the National Wetlands Inventory. Since the approval of the LWI, several new wetland delineations have occurred within the city limits. These new delineations were performed by wetland professionals and concurred by DSL. The newly delineated wetlands become part of the LWI, although a function assessment was not performed. Without the assessment, significance cannot be determined. However, the majority of the newly delineated wetlands is currently under protection from the City's sensitive lands review process because of their location in a stream corridor, 100- year floodplain, or within the CWS vegetated corridor. The remaining wetlands, although not covered by the City's sensitive lands review process, are subject to the state Removal-Fill Law and must secure permits as required by the law. Streams Roughly 30 miles of stream corridors cross through the City and nearly all the streams in Tigard drain into Fanno Creek, which then flows into the Tualatin River. These stream corridors provide a complex ecosystem linking water, land, plants, and animals and perform several ecological functions, including storing and conveying surface water, modulating flows,removing pollutants and providing vital habitat for aquatic organisms. The City collaborates with Clean Water Services (CWS), the surface water management and sanitary sewer system utility for urban Washington County, to protect local water resources. Through CWS Design and Construction Standards, local governments in the Tualatin Basin (including Tigard) developed a unified program to address water quality and flood management requirements for Title 3 of Metro's Urban Growth Management Functional Plan. In 2002, the City of Tigard adopted regulations restricting development within and adjacent to sensitive water resource areas,including streams, through standards in the CWS Design and Construction Standards. The CWS standards provide for vegetated corridor buffers, ranging from 15 to 200 feet wide, and mandate restoration of corridors in marginal or degraded condition. In addition, land-use applicants proposing development near streams and wetlands are required to prepare a site assessment and obtain approval from CWS prior to submitting a land use application to the City. Additionally, the Tigard Community Development Code (18.775) contains a chapter devoted to the protection of sensitive lands, including natural drainageways, wetlands, and the 100-year CPA2008-00003 3 Goal 5 City of Tigard • • Attachment "1" floodplain, by requiring applicants proposing development within a sensitive area to obtain a permit for certain activities depending on their nature and intensity. The City of Tigard also collaborates in implementing Clean Water Services' Healthy Streams Plan (June 2005). The goal of this plan is to improve watershed and stream health for community benefit by recommending a number of policy and program refinements, as well as outlining a capital projects program. The capital projects focus on stream preservation and enhancement, flow restoration, community tree planting, stormwater outfall and culvert replacement. Groundwater The importance of groundwater to the community is twofold. First, it serves the function of naturally replenishing surface waters such as wetlands, streams, and lakes. This helps provide vital habitat for aquatic organisms and wildlife. Secondly, it is a source of clean water to help meet human water needs for drinking, household use, commercial/industrial use, and irrigation. The western portion of the City of Tigard is located above the Cooper Mountain/Bull Mountain Critical Groundwater Area. The Critical Groundwater Area was declared in 1973 in response to heavy pumping and the slow rate of recharge. This is significant because the City owns water rights to withdraw groundwater from the aquifer and it was once an important source of drinking water. Currently, the City of Tigard Water Division has one groundwater well in operation that is available to supplement the drinking water supply in times of high demand. The Water Division has also developed Aquifer Storage Recovery wells that allow potable water to be injected into the aquifer during the winter to supplement the summer high demands. Historic and Cultural Resources In 1984, the City adopted a Cultural Resource Overlay District to manage significant historic resources. Section 18.740 of the Community Development Code governs the application and removal of the district overlay, the primary purpose of which is to facilitate the protection, enhancement, and conservation of landmarks and historic and cultural sites and areas. Under state law (ORS 197.772) enacted in 1995, a local government is required to allow a property owner to remove a historic property designation that was imposed by the local government;in addition, the property owner may refuse to consent to the designation at any time in the process, thus removing the property from consideration for all but the National Register of Historic Places. The implication of the statute and rule for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. Local conservation efforts can be combined with the National Register of Historic Places (the National Register), a list of cultural resources of national,regional, state, or local significance that is kept by the Department of the Interior's (DOI) National Park Service (NPS). Being listed on the Register does not protect a property from demolition, but it does document and evaluate the property's historic significance based on National Register CPA2008-00003 4 Goal 5 City of Tigard • • • Attachment "1" criteria and makes the property eligible for federal grants when available,including rehabilitation tax credits. Many of the cultural resources associated with the original development of the Tigard area have not survived the City's growth during the last forty years. Improvements to Hwy 99W also contributed to the demise of the City's resource base. Those resources that survived include a mix of residential, educational, and commercial buildings. Currently, nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register.The only property from which the overlay has been removed was the Tigard Feed and Garden Store when the owner initiated the removal request. Chapter 18.740 of the Community Development Code requires that if an overlay property receives approval for demolition, a condition of approval will require submittal of a graphic and pictorial history and artifacts to the Washington County Museum. Key Findings • Clean Water Services' Design and Construction Standards establish a vegetated corridor buffer adjacent to the City's streams to protect water quality; the City adopted these standards in 2002. • In addition to contributing to the general aesthetic quality of the area, streams and the adjacent riparian areas perform several ecological functions. • Roughly 98% of the City's wetlands are classified as "locally significant wetlands," per procedures outlined under OAR 141-086. • The Tigard Community Development Code requires Sensitive Lands Review for any development which would impact significant wetlands or the vegetated corridor buffer to wetlands. • Wetlands may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns,pollution, and the introduction of nuisance plant species. • Based on the Economic, Social, Environmental and Energy (ESEE) analysis conducted by the Tualatin Basin Partners for Natural Places, 588 acres of the inventoried regionally significant habitat was designated as "strictly limit", 370 acres was designated as "moderately limit" and 422 acres was designated as "lightly limit." • In December 2006, the City of Tigard adopted voluntary Habitat Friendly Development Provisions (Ordinance 06-20) that encourages the protection of habitat with the use of low impact development practices. • The Critical Groundwater Area on Cooper Mountain and Bull Mountain was declared by the State of Oregon in 1973 and restricts the withdrawal of groundwater on the western half of the City. • Groundwater wells currently in operation are limited to one traditional well and two aquifer storage recovery (ASR) wells. • In 1984, the City adopted a Historic Overlay District to manage significant historic resources. • In 1995, ORS 197.772 required local governments to allow a property owner to remove a historic property designation that was imposed by the local government. CPA2008-00003 5 Goal 5 City of Tigard • • Attachment "1" • The implication for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. • Nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register; only the Tigard house has the Historic District overlay. • The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. Goal 5.1 Protect and restore natural resources, and the environmental and ecological services they provide, through naturally functioning systems that demonstrate a high level of biodiversity. Staff Notes: While definitions are not being formally considered at this time, staff has prepared the following draft definitions at the request of the PIT and to assist the Planning Commission during deliberations: Biodiversiy: The full range and variety and variability within and among organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversiy, species diversiy, and genetic diversiy. Natural Resources: Inventoried resources and natural resource ystems including fish and wildlife habitats; wetlands;streams and associated riparian corridors;groundwater;and rare and endangered fish and wildlife, plants, and plant communities. Policies 1. The City shall protect and restore natural resources in a manner that will: a. Contribute to the City's scenic quality of Tigard and its unique sense of place; b. Provide educational opportunities, recreational amenities, and buffering between differential land uses; c. Maximize natural resource functions and values including fish and wildlife habitat and water quality; and d. Result in healthy and naturally functioning systems containing a high level of biodiversity. 2. The City shall continue to protect and restore natural resources through a variety of methods. Such methods shall include, but not be limited to, the use of development and land management regulations, acquisition of land CPA2008-00003 6 Goal 5 City of Tigard • • • Attachment "1" and conservation easements, educational outreach, and external partnerships as appropriate. 3. The City shall encourage public and private development to use sustainable building technologies, low impact development techniques, and incorporate existing and potential natural resource functions and values into the landscape and infrastructure designs of development projects. 4. The City shall actively coordinate and consult in the inventory, protection, and restoration of natural resources with landowners, local stakeholders, and governmental jurisdictions and agencies. 5. The City shall utilize periodic assessments of the effectiveness of the City's programs and regulatory structures to inform future decisions regarding natural resource protection, management, and restoration. 6. The City shall utilize incentives or disincentives as appropriate to prevent property owners from removing or degrading natural resources prior to annexation. 7. The City shall preserve and restore riparian and upland habitats for fish and wildlife to the maximum extent possible on public and private lands through: a. Land use regulations and standards that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility, and reproductive needs of fish and wildlife; b. Land use regulations and standards that mitigate the loss of habitat elements and functions as a result of development, with priority given to protection over mitigation; c. Preservation and creation of linkages between wildlife habitat areas, when possible, as a key component of parks, open space, and surface water management plans;and d. Implementation of outreach and regulatory programs to identify and remove invasive species that threaten habitat areas. 8. The City shall preserve, maintain, and restore the diverse ecological and non-ecological functions and values of streams, wetlands, and associated riparian corridors. Strategies shall include, but not be limited to: a. Compliance with Federal, State and Regional regulations as they apply to streams,wetlands, and associated riparian corridors; b. Mitigating the loss of wetlands and their associated functions and values as a result of development, with priority given to protection over mitigation; c. Protection of riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat; and CPA2008-00003 7 Goal 5 City of Tigard • • Attachment "1" d. Maintenance and restoration of hydrologic regimes that support fish and wildlife, provide flood control, enable natural recharge of groundwater, and other ecological and community benefits. 9. The City shall continue to protect groundwater by: a. Continuing to work with regional and state agencies to identify and address potential sources of contamination; b. Minimizing the amount of impervious surface area covering the City that prevents the natural recharge of groundwater aquifers; and c. Supplementing groundwater extraction with alternative sources. 10. The City shall maintain and utilize a baseline inventory of natural resources through surveys and monitoring. 11. The City shall assist landowners in the protection of natural resources through diverse methods including education,incentives,planned development standards and regulations, and conservation easements. Recommended Action Measures i. Identify and inventory locally significant habitats and plant communities not included in the Nature in Neighborhoods and Tualatin River Basin studies. ii. Establish baseline measures and periodically evaluate natural resource protection and restoration activities in a manner that will measure success and enable further refinement towards measurable goals. iii. Inventory and preserve small perennial streams as natural resource for their contributions to fish and wildlife habitat. iv. Inventory and preserve locally significant tree groves not considered regionally significant habitat. v. Identify and preserve areas demonstrating high scenic quality, and implement mechanisms for preserving, maintaining and/or enhancing this quality. vi. Periodically evaluate the effectiveness of existing natural resource protections with the Development code; identify gaps, conflicts, and opportunities for enhancement. vii. Continue membership and active involvement with nonprofit and government agencies such as the Tualatin Basin Natural Resources Coordinating Committee. CPA2008-00003 8 Goal 5 City of Tigard • Attachment "1" viii.Identify opportunities for, and encourage the use of, habitat friendly development practices and low impact development techniques. ix. Incorporate bioregional conservation strategies, such as those identified in the Oregon Biodiversity Project, into regulations and restoration programs. x. Utilize indicators of biodiversity as a measure of the quality and health of natural resource systems, and as a measure of success of City actions and strategies. xi. Identify mechanisms for stabilizing or reducing surface and groundwater extraction for residential and commercial uses. Goal 5.2 Promote the preservation and protection of historically and culturally significant resources. Policies 1. The City shall actively promote the protection and preservation of historic and cultural resources and cooperate with organizations involved in their protection. Recommended Action Measures i. Promote and publicize historic resources in the City. ii. Support volunteer programs to preserve historic resources. iii. Encourage rental and use of historic buildings,where appropriate. iv. Consider holding City functions in historic buildings,where appropriate. v. Support efforts to obtain historic designation at the city, county, state,and national levels for public and private historic sites. vi. Facilitate the development of economic options and alternatives for historic and cultural resources and organizations involved in their protection,when requested. CPA2008-00003 9 Goal 5 City of Tigard • • Attachment "2" MEMORANDUM id TO: Long Range Planning Staff �, TIGARD 2 2 1 y. FROM: John Floyd RE: Natural Resources Policy Interest Team Meeting of October 3, 2007 DATE: October 5, 2007 On October 3, 2007 the Policy Interest Team (PIT) for Natural Resources convened in the second floor conference room of the library, between 6:30 and 8:30 pm. In attendance were four members of the public:John Frewing, Warren Aney, Sue Bielke, and Brian Wegener of Tualatin Riverkeepers. Building blocks were presented and comment solicited from attending members regarding the direction and content of the building blocks. Topics discussed at the meeting included a general description of the General Plan process, the purpose of the PIT, draft goals, and both the tone and content of the building blocks that will form the foundation of future policies and action measures. The dot exercise was not undertaken as the group wanted to finish the comment period prior to the close of the meeting. Comments received by staff were both general and specific. A summary of these comments is below: ➢ The draft goals significantly overlap and do not adequately address upland habitat ➢ Biodiversity should be a cornerstone goal, and the protection of upland habitats should be explicitly referenced in the goals. ➢ The policies should leverage opportunities provided by development,and not focus only on restricting it ➢ Members of the PIT felt that implementation of incentives to encourage resource sensitive development has rarely occurred in this and other jurisdictions ➢ Tigard should not automatically defer all regulatory responsibility to single purpose agencies as Tigard may have a broader set of objectives than another other agency or agencies (i.e. DEQ, CWS, etc.) D. Tigard should not just inventory resources, but perform ongoing monitoring and evaluation of changes to measure and assess success or failure. There were also calls by some members to develop inventories of locally significant habitats and streams, not just regionally significant ones. ➢ There should be a discussion of the ecological services provided by natural resources and their value to humans (human habitat, pollination, microclimate control, air/water purifications) ➢ Natural Resource policies should include language regarding when, how and where to annex new land. ➢ The City should incorporate recommendations of the Oregon Conservation Strategy prepared by ODFW a broad and proactive framework for the long-term conservation of Oregon's native fish,wildlife,invertebrates and plants. ➢ The City should take greater interest in monitoring smaller perennial streams, the illegal diversion of water, and the protection of groundwater not only for drinking water but the maintenance of adequate flow levels for fish and wildlife. • • Attachment "3" MEMORANDUM "111 TO: Long Range Planning Staff 9 TIGARD�.2y-L FROM: John Floyd RE: Natural Resources Policy Interest Team Meeting of November 14, 2007 DATE: November 19, 2007 On November 14, 2007 the Policy Interest Team (PIT) for Natural Resources convened in the second floor conference room of the library, between 6:30 and 8:30 pm. In attendance were four members of the public:John Frewing, Sue Beilke,Tony Tycer, and Ben Boudreau. Draft policies were presented and comment solicited from attending members regarding the direction and content. Staff also requested that the repeat members,John Frewing and Sue Beilke, to make sure that their comments submitted at the first meeting were properly understood by staff and incorporated into the draft Goals and Policies. Topics discussed at the meeting included a general description of the General Plan process, the purpose of the PIT, and draft goals and policies written subsequent to the previous meeting. . Comments received by staff were both general and specific. A list of recommended changes is below. In addition, the PIT requested more information regarding the status and appropriateness of existing policies. This issue will be presented at the next PIT meeting. DRAFT GOALS Goal 1: The City shall Protect, restore, and enhance significant natural resources and the ecological and non-ecological functions and benefits they provide. Significant natural resources shall include: a. Fish and wildlife habitats; b. Wetlands; c. Streams, and associated riparian corridors; d. Groundwater; and e. Rare and endangered fish and wildlife animals, plants, and plant communities Goal 2: Achieve healthy, naturally functioning ecological systems that demonstrate a high level of biodiversity. [see definition for biodiversity] • • Attachment "3" DRAFT POLICIES Policy 1: The City shall protect and restore natural resources in a manner that will: a. Retain the scenic quality [Create definition of scenic quality] of Tigard and its unique sense of place; b. Provide educational opportunities, recreational amenities, and buffering between land uses; and c. Maximize the ecological and hydrological services they provide such as fish and wildlife habitat, surface water management, and drinking water. Policy 2: The City shall continue to protect and restore natural resources through a diversity of methods including but not limited to: development and land management regulations, transfer of development rights, acquisition of land and conservation easements, preferential assessments, educational outreach, and external partnerships as appropriate. Policy 3: The City shall require public and private development to use green building technologiest low impact development techniques, and incorporate existing natural resources into the landscape and infrastructure designs of development projects. Site plans shall recognize existing natural resources as both amenities and green infrastructure. Development techniques that restore degraded natural resources or mimic natural resource functions shall be encouraged. Policy 4: The City shall actively coordinate and cooperate in the inventory, protection, and restoration of natural resources with landowners) regional, state and federal jurisdictions and agencies. Policy 5: The City shall use a systems-wide management approach to protect, restore and manage natural resources, with periodic assessments of the effectiveness of the City's programs and regulatory structures. • • Attachment "3" Policy 6: The City shall utilize incentives or disincentives as appropriate to prevent property owners from removing or degrading natural resources prior to annexation. Policy 7: The City shall protect and restore fish and wildlife riparian and upland habitats for fish and wildlife to the maximum extent possible on public and private lands through: a. Land development practices that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility and reproductive needs of fish and wildlife; b. Mitigating the loss of habitat elements and functions as a result of development, with priority given to protection over mitigation; c. Preserving and creating linkages between wildlife habitat areas as a key component of parks, open space, and surface water management plans; d. Encouraging land maintenance and management practices that minimize harm to fish and wildlife and the habits upon which they depend; e. Prioritizing the protection and/or restoration of natural resource areas home to rare and endangered species; and f. Implementation of outreach and regulatory programs that identify and remove invasive species that threaten habitat areas. Policy 8: The City shall protect, maintain, and restore the diverse ecological and non-ecological functions and values of streams, wetlands, and associated riparian corridors. Strategies shall include, but not be limited to: a. Compliance with Federal, State and Regional regulations as they apply to streams, wetlands, and associated riparian corridors; and b. Mitigating the loss of wetlands and their associated functions and values as a result of development, with priority given to protection over mitigation; • • Attachment "3" c. Protection of riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat; and d. Maintenance and restoration of hydrologic regimes that support fish and wildlife, provide flood control, enable natural recharge of groundwater, and other ecological and community benefits. Policy 9: The City shall continue to protect groundwater from contamination and over-extraction by: a. Working with regional and state agencies to identify and address potential sources of contamination; b. Minimizing the amount of impervious surface area covering the City using flexible approaches that prevents the natural recharge of groundwater aquifers; and c. Supplementing groundwater supplies through alternative sources such as aquifer storage recovery wells and securing a long-term supply of water from sources external to the City. Policy 10: The City shall maintain and utilize a baseline inventory of natural resources through surveys and monitoring. Policy 11: The City shall assist landowners in the protection of natural resources through diverse methods. DRAFT RECOMMENDED ACTION MEASURES Identify and inventory locally significant habitats and plant communities not included in the Nature in Neighborhoods studies. ii. Periodically evaluate natural resource protection and restoration activities in a manner that will measure success and enable further refinement. iii. Inventory and identify small perennial streams for potential regulation and protection. • • Attachment "3" iv. Inventory and identify significant forested areas not considered regionally significant habitat. v. Inventory and identify significant scenic views within Tigard and mechanisms for preserving those views. • • Tigard Planning Commission - Roll Call H Date: S–S-o Starting Time: - COMMISSIONERS: Jodie Inman (President) VTom Anderson (�U��-> Rex Caffall Margaret Doherty Karen Fishel / Smart Hasman v Matthew Muldoon Jeremy Vermilyea David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher t/ Kon Bunch Cheryl Gaines V John Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas Darren Wyss Phil Nachbar �Marissa Daniels <1 :Took en-e( 3 .b INI RI • .. • . MEMORANDUM T I GARD TO: Jodie Inman, Planning Commission President and Members of the Tigard Planning Commission FROM: Ron Bunch,Assistant Community Development Director RE: Washington County Urbanization Forum and Issues Associated with Unincorporated Urban Development DATE: May 5, 2008 As the Planning Commission may know, the Washington County Board of Commissioners has initiated a countywide discussion on urbanization. This effort is intended to inform city and county leaders on how to address the million (plus) new residents expected to be in the Portland Metropolitan Region in the next 30 —40 years, of which 500,000 are expected to be Washington County. The first meeting involving the County Commission, City Mayors, Service Districts, and Metro was held on April 24, 2008. The primary accomplishment is, in the most straight-forward terms, that certain members of the County Board see this matter differently than the cities. The cities' positions are that, for the good of all county residents, Washington County first must stop urbanizing unincorporated land, and secondly, a long term, equitable, solution is needed to address the service needs of all incorporated and unincorporated urban areas. The Urbanization Forum will continue for many more months, and staff will brief and provide information to the Commission periodically. Also, a parallel process is underway to determine future urban reserves within the Portland Metropolitan region. The City of Tigard has been following this matter for many months. For background information, a collection of letters, memos, and issue papers from Mayor Dirksen and staff is provided. The most prominent, at the beginning of the packet, is the Mayor's letter provided to the Urbanization Forum participants. Thank you. Copy: Tom Coffee, Community Development Director I:\LRPLN\Ron\memopcurbfonun5-04-O8.doc 1 • • City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 • April 21,2008 q • • • Mark Cushing,Facilitator T I CARD. Washington County Urbanization Forum Mark, In response to the decision to have the various members of the forum group submit their initial remarks in written form,I offer the following comments as regards the scope and substance of the task before us: First,I believe it is important at the outset of our deliberations that we as a group and individually, formally acknowledge that a problem exists which must be resolved. I know there are Washington County residents,as well as their elected representatives, that would state that the current system works just fine and the status quo should be maintained. It is the position of the City of Tigard that the existing urbanization process is untenable and unsustainable and if not addressed and rectified,soon the entire system will collapse. The County's present inability to identify adequate funding to provide the necessary infrastructure in the North Bethany UGB expansion area is strong evidence of this impending failure. I would ask that the forum members sign a statement of resolution acknowledging that the current urbanization process in Washington County is inequitable and unsustainable and stating that our goal is to determine a way to correct the current situation and seek an improved process to deal with future growth. . Second,I believe there is a significant omission in the Summary of Key Issues, as outlined in.the overview presented at the planning meeting on April 14th;that is the problem of the current inequity in taxation for the provision of urban services between those county residents residing in cities and those residing in the urban unincorporated areas.I contend that an unintended consequence of the urbanization process as it has unfolded over the last 25-30 years is that it has created a privileged enclave lying outside cities but within the UGB that enjoys all the benefits of living in an urbanized environment, i.e., increased property values,municipal-grade water&sewer systems, access to jobs &commerce, urban-standard police &fire protection, access to quality, well-funded school systems, and access to physical amenities such as parks &libraries, without having to make the same financial and civic commitment to support those amenities as their city- dwelling neighbors. I will take this opportunity to present my case supporting this claim. Evidence of Tax Inequity It is evident to all that those residing within cities bear a heavier tax burden for providing urban services than those residing in the urban unincorporated areas. In fact,this is the basis of the majority of the resistance of those in the unincorporated areas to being annexed into their neighboring city. If this is true,then one or more of the following conditions must exist: Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 S • 1. Residents of the urban unincorporated areas are not receiving all the urban services they need 2. Residents of the urban unincorporated areas are receiving urban services which they do not fund 3. Residents of the city are receiving urban services that they do not need 4. Residents of the cities are not receiving full value for the tax dollars they provide 5. The county is more efficient at providing urban services than the cities Regarding condition five,the county has consistently stated and it is their official policy that cities are the best provider of urban services. The City of Tigard concurs with that statement. Regarding conditions 3 and 4, in Tigard we recently formed a citizen committee to consider these very issues. After a 6-month review,their conclusion: that the City provides the correct range of urban services, it does so at the correct levels of service, and it does so in an efficient manner. As an example, as part of this service review,we had an outside auditor review our library and the services it provides. Her conclusion: for every tax dollar the city spends,citizens receive four dollars in value. We recently completed a similar audit of our police department,and plan to continue with other departments over time. This leaves conditions one and two, both of which I believe exist. I can and will give specific services and funding levels, but first let me give you a general proof: In the aftermath of Tigard's unsuccessful ballot measure to annex the Bull Mountain area in its entirety, several citizens of that area, most of whom were active in defeating the measure, attempted to incorporate the area to form their own city. I believe this attempt came about as a result of those individuals coming to the realization, after becoming better educated on the issues during the annexation attempt,that their neighborhood really did need to be within a city, with its municipal taxing authority, in order to fund the services that would maintain and improve their quality of life. The economic feasibility study that was completed as part of the incorporation process concluded that a municipal tax rate of$2.84 per thousand would be necessary to provide a level of service adequate to make the area viable. The startling fact is that this was the tax rate needed just to provide the same level of services that the area currently receives from the county for approximately$1.37 per thousand,a 207% increase! And who currently pays the difference? By comparison,the City of Tigard,with its $2.51 per thousand tax rate,provides all the same services plus 37% greater police coverage, also parks, public works,fully funded library services, and a healthy annual capital improvements program. Lack of Service (Condition 2) In 1997 Washington County contracted with the City of Tigard to provide selected urban services to the Bull Mountain area. One of those was road maintenance, a service for which the residents of that area pay an enhanced tax to provide. After a short time, the City opted out of this portion of the contract because it became clear that the funding available was inadequate to maintain the roads in the area to an urban standard. There exists at this time no formal plan and no funding for adequate maintenance, nor any replacement or improvements to Bull Mountain roads and streets. 2 S • Before, during and after the failed annexation attempt,residents of the Bull Mountain area approached the city on numerous occasions to ask us to include their area in our review and re- write of our comprehensive plan. The Bull Mountain Plan,written by the County,was over 20 years old and needs updating. The county has no plan to review or modify the existing plan, listing lack of funding and little need to address the issue. Subsequently,the group has attempted to get the area included in the planning for areas 63 and 64, but the County and Metro have declined to include it. Over the last ten years there has been an increasing cry from Bull Mountain residents for the preservation of open space and the provision of parks in their area. There was and still is a general belief by residents of the area that the City of Tigard is somehow responsible for park services to the area and resentful of the fact that we are not already providing them. The fact is that Washington County is not a parks provider and there is no provision now or in the future to purchase land or develop and maintain any parks. Subsidization of Urban Services (Condition 1) There are other urban services that cities provide that those living near but outside the city limits are able to use without contributing to their support. In the Tigard area,these consist of three major areas: Parks,Library, and Police. Parks As was stated above, Washington County is not a parks provider. Outside of the Tualatin Hills Park and Recreation District,there exists no mechanism for preservation of open space or the development and operation of a park system,this despite the fact that the unincorporated areas inside the urban growth boundary are developing as densely or even more so than those areas inside cities. The Bull Mountain Community Plan actually calls for the County and the area residents to coordinate with the City of Tigard for provision of park services,which was never done. However,Bull Mountain residents outside the city frequently and regularly utilize Tigard city parks for sports and recreation, at no cost whatsoever. The only exception is that residents outside the city are required to pay a higher fee if they reserve a covered structure at a city park. Each year the City budgets and spends more than a million dollars on park maintenance and operations,and we struggle each year to try to find funding for additional public open space preservation. Its one of the areas where the city is unable to bring our level of service up to the desired level,solely due to lack of adequate funding. Having regular park users who don't contribute greatly exacerbates this situation. A telling piece of evidence concerning the tendency for urban unincorporated residents to ask for an urban level of service without paying for it is found in the voting results on the recent Metro Greenspaces bond measure. One of the major stated concerns of the residents of Bull Mountain is the lack of parks and the disappearance of open space. In November 2006,voters in the Metro region were asked to vote on a regional bond measure to raise money to pay for parks and open spaces. Fortunately, regional voters approved this measure,but it is interesting to note that the measure was turned down by voters in the precincts serving the Bull Mountain unincorporated area. It appears that these voters want parks and want to preserve open spaces, but they do not want to pay to do so. (This measure won majority support in all City of Tigard precincts.) 3 S • Library All Washington County residents, whether living inside or outside a city,pay a county tax,partly as part of the basic rate, and partly as part of a serial levy,to support the Washington County Cooperative Library System. However,the County itself does not own or operate any libraries. All the libraries in the county are owned and operated by cities or by communities that rely on the County tax and neighborhood donations to fund a community library like the Garden Home Community Library. The WCCLS tax helps operate member libraries,in Tigard's case providing about 45% of operating funds, but keep in mind that 80% of the WCCLS tax collected in Tigard's library service area comes from Tigard residents. Tigard residents also contribute 100% of the other 55% of the money necessary to operate the library,and 100% of the funds used to pay for the library facility itself. All told, residents of unincorporated Bull Mountain and Metzger comprise about 20% of our library service population, but only contribute about 9% of the funding needed to provide the service. Police All Washington County residents, again whether living inside or outside a city,pay county taxes to support the Washington County Sheriff. In addition,residents of the urban unincorporated areas pay an addition tax to fund the Enhanced Sheriff Patrol. City residents, through their city property taxes,fund their various city police departments. The basic sheriff patrol level is .5 officers per thousand population, the enhanced sheriff patrol adds another.5 officers for a total of 1 officer per thousand. In the City of Tigard,we support a uniformed police level of approximately 1.4 officers per thousand. The Sheriff's stated view is that he provides patrol to the unincorporated areas of the county, and provides jail service for the cities. This is based on his stated belief that most jail inmates come from the cities. This implication that most arrestees come from the cities and few from the unincorporated areas is patently offensive, and even a cursory look at County records belies the fact. Apparently the Sheriff's belief is based on a couple of statistics. First, nearly all arrests take place inside city limits. And why not? It's where the value is. Most crimes occur in a commercial district,which are almost invariably inside cities. What store on Bull Mountain would be robbed? From what theater parking lot would a car be stolen,in North Bethany? Second, arrestees give addresses which include a city. However, this does not mean that the subject lives within the city limits of a city. Only cities have post offices. Everyone in the county has an address which includes a city.I believe a review of recent arrest records would show that a significant percentage of arrestees not only do not live,in a city,many don't even live in Washington County. Also,there is no record that revenue streams from city residents and unincorporated residents are segregated in any way so that funding and expenditures are balanced between patrol and jail. In fact,a general estimate of property taxes from unincorporated areas shows that insufficient revenue comes from those sources to meet the budget needs of the sheriff patrol,which by their own admission is limited to only those areas. Last year, Tigard City Police responded to calls outside our city limits 864 times. When presented with this fact, the sheriff's office was quick to point out that their deputies responded inside the city a like number of times, indicating a rough reciprocity. Unfortunately, that comparison is really apples to oranges,not taking into account the fact that Tigard residents pay county taxes to 4 • support the sheriff, but unincorporated residents pay no like amount to support our City police. County residents regularly comment that they are satisfied with the level of police protection they receive from the sheriff, and they see no need to fund a higher level of service, and in no way do I disparage the sheriff department or the job they do. They are a fine organization and do a fine job. But I believe residents of the urban unincorporated areas have an additional moral obligation to support the protection of more than just their homes and neighborhoods,but also the businesses where they work and shop,and the schools where their children attend, as those who live inside the cities do. There is one other funding issue I would like to briefly address, and that is the subject of franchise fees. Under state law, counties are prevented from collecting franchise fees from utilities that use the public right-of-way for transmission of their services. For cities,this is often the second largest source of revenue for providing urban services after property taxes. Each year, millions of dollars that could be used to fund important projects and services to the residents of the urban unincorporated areas are lost because of the county's inability to collect them. This one issue alone should be reason enough for everyone from homeowners to state legislators to abandon this current practice of allowing urban development in unincorporated areas. Together with all the others I have mentioned,it creates an irrefutable basis of fact on which to build a new equitable and sustainable system under which all the residents of urban areas across the state fund and receive the services they and their neighborhoods need to retain the quality of life we enjoy here in Oregon. Regards, Craig E. Dirksen,Mayor City of Tigard CC: Washington County Board of Commissioners Chair Tom Brian Commissioner Roy Rogers Commissioner Andy Duyck Commissioner Dick Schouten Commissioner Desari Strader Metro Council President David Bragdon Councilor Rod Park,District 1 Councilor Carlotta Collette,District 2 Councilor Carl Hosticka,District 3 Councilor Kathryn Harrington,District 4 Councilor Rex Burkholder,District 5 Deputy Council President Robert Liberty,District 6 Washington County Sheriff Rob Gordon Chief Jeff Johnson,Tualatin Valley Fire&Rescue Bill Gaffi,General Manager Clean Water Services Doug Menke,General Manager,Tualatin Hills Park&Recreation District Greg DiLoreto,General Manager,Tualatin Valley Water District May-or Bill Bash,Cornelius Councilor Jeff Dalin,Cornelius David Waffle,Cornelius 5 • • Mayor Tom Hughes,Hillsboro Sarah Jo Chaplen,Hillsboro Mayor Rob Drake,Beaverton Janice Deardorff,Beaverton Mayor Teri Branstitre,Banks Jinn Hough,Banks Mayor Gery Schirado,Durham Mayor Richard G.Kidd,Forest Grove Michael Sykes,Forest Grove Mayor Ron Shay,King City David Wells,King City - Mayor Lou Ogden,Tualatin Sherilyn Lombos,Tualatin Councilor Chris Barhyte,Tualatin. Mayor Cheri Olson,North Plains Don Osterman,North Plains Mayor Keith Mays,Sherwood Ross Schultz,Sherwood Mayor Rick Lorenz,Gaston Tigard City Council Craig Prosser,Tigard 6 • • '1 i MEMORANDUM T I GARD TO: Craig Prosser, City Manager FROM: Ron Bunch, Assistant Community Development Director RE: Discussion Topics - Unincorporated Urban Development DATE: March 20, 2008 INTRODUCTION The following lists relevant discussion points that staff and others have raised regarding unincorporated urban development. They have been arranged in three parts, Issue Context, Consequences of Unincorporated Development, and Recommended Actions. BACKGROUND / DISCUSSION Issue Context • In 1980, the County declared in its "Washington County 2000 Plan" that it is not an urban service provider. Over the years, the County has restated this position through updates to the 2000 Plan and other "visioning/planning" efforts. • However, in the past 25 years, numerous city/county plans, agreements, and initiatives promoting urban development within cities have failed to stem unincorporated urban growth. For example, the unincorporated population grew from approximately 149,990 in 1990 to 205,100 in 2007. Forty percent of the county's total population is in its unincorporated area. • From another perspective, a population larger than the City of Corvallis, Oregon (55,000) has been accommodated during the last 18 years in unincorporated Washington County. • County governments are not designed to be municipal governance and urban service providers. They are best at providing regional level services and undertaking roles assigned to them by the state. The County does not have the capabilities to generate C:\Documents and Settings\ron\Local Settings\Temporary Internet Files\Content.Outlook\PIE21PV9\Memo 3-20-08 topics unincorporated development.doc 1 • • resources to sustain municipal level services to its unincorporated urban areas. This problem will grow worse over time. • Ultimately, municipal governance should be provided to these areas. It is not equitable for cities to subsidize provision of municipal level services outside their boundaries. This includes any consideration of reallocating revenue sources currently depended on by existing cities and the use of urban renewal to finance infrastructure to Metro designated unincorporated urban growth areas. Consequences of Unincorporated Development • Unincorporated urban areas result in efficient and fragmented patchworks of public and governance services. • Unincorporated development undermines the position of the region' s cities as the best building blocks of an efficient, stable, and compact urban region. • Cities often bear inequitable/non-assignable costs imposed by underserved, unincorporated, urban areas when their residents use city services such as parks, libraries, transportation, public safety, etc. • Tigard's experience is that, once established, unincorporated urban lands tend to be self- perpetuating and can block cities' ability to plan for, and urbanize, new Urban Growth Boundary (UGB) areas that logically should be within municipal boundaries. • Unincorporated urban lands may not be sustainable as cities adjust to new energy and transportation realities. • There are many national and local examples of unincorporated urban areas lagging behind their city counterparts in important livability metrics, such as availability of services, access to jobs, lagging property values, public safety, housing quality, etc. • Continuation of current urbanization practices will undermine the region's ability to achieve its transportation and growth management objectives. Recommended Actions • Action needs to be taken to prevent future unincorporated development and address how to best manage that which has already occurred. This cannot just be a Washington County / cities agreement. Unincorporated urban development is a regional issue and solutions need to occur at the local, regional, and state levels. C:\Documents and Settings\ron\Local Settings\Temporary Internet Files\Content.Outlook\PIE21PV9\Memo 3-20-08 topics unincorporated development.doc 2 • • • Failure of past local intergovernmental efforts to address the problem shows that constructive, lasting, solutions may be beyond the capability of Washington County and its cities. Merely talking about the issue and entering into City/County joint resolutions/agreements is no longer adequate. • Urban unincorporated development is not unique to the Portland Metropolitan region. Many areas throughout the nation are confronting the same issues such as King County, Washington. The region should learn from the experience of others. • The County Urbanization Forum should be designed to achieve results. This will require the County Board to work with the cities, Metro, and involve the state, to design a process to achieve agreement on realistic strategies. • Resolving the unincorporated urban development issue will require legislative action on the part of local governments, Metro, and the state. For example, the state's annexation statutes may need to be revised to recognize that urban development and planning needs of the Portland Metropolitan Region are different from other parts of the state. In addition, amendments to the Metro Functional Plan and local ordinances will be required. • It is necessary for the County to work with its cities, Metro, and the state to: 1) ensure all future urban development occurs within cities, including that which is now being concept planned; and 2) develop a long-term strategy to address the service and livability needs of existing unincorporated areas. • Some progress has already occurred. Unincorporated urbanization has attracted Metro's attention. The Metro Policy Advisory Committee has voted to consider this as one of its 2008 work program issues. MPAC has also voted to recommend to Metro Council that future regional performance objectives require new urban development to occur within municipal boundaries. C:\Documents and Settings\ron\Local Settings\Temporary Internet Files\Content.Outlook\PIE21PV9\Memo 3-20-08 topics unincorporated development.doc 3 • City of Tigard, on • 113125 SW Hall Blvd. • Tigard, . 97223 IN i g and� Ore g II January 15, 2008. T I GARD Mayor Alice Norris,MPAC Chair Metro 600 NE Grand Ave. Portland, OR 97232-2736 Dear Mayor Norris: RE: Adding Unincorporated Urban Development to the Metro Policy Advisory Committee's Work Plan Congratulations on assuming the Metro Policy Advisory Committee (MPAC) Chair. The City of Tigard looks forward to working with you and MPAC. Our experience in the last few years emphasizes the City's need to be more active at the regional level. There are many urban growth related issues in southeast Washington County that require a collaborative and coordinated regional approach. Ron Bunch,the City's Assistant Community Development Director attended the Metro Policy Advisory Committee's (MPAC) meeting on January 10,2008. He reported on MPAC's discussion about its preliminary 2008 work program. Tigard supports these efforts and will participate to the extent possible. However,I believe that MPAC should consider an addition to its annual work program. My suggestion is that MPAC take the lead to deal with the question: "How should the region address the fiscal and social sustainability, fiscal equity,and governance challenges posed by unincorporated urban development?" This matter is important to Metro and its regional partners because unincorporated urban development undermines the position of cities as the best building blocks of an efficient, stable,and compact urban region. Unincorporated areas result in a patchwork of fragmented services and governance. Cities often bear inequitable/non-assignable costs imposed byunderserved unincorporated urban areas when their residents use city services such as parks,libraries,transportation, and public safety. Furthermore, once established,unincorporated urban lands tend to be self-perpetuating and can block cities' ability to plan for and urbanize new UGB areas that logically should be within municipal boundaries. This has been Tigard's experience on its western boundary where Washington County allowed urban development of Tigard's Urban Planning Area. This caused Tigard to be non-contiguous to Urban Growth Areas 63 and Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 I • • 64,thus resulting in Washington County becoming responsible for planning the urbanization of these areas.Beaverton has similar experiences in its attempts to plan for the North Bethany Urban Growth Area. I also believe that unincorporated urban lands may not be sustainable as cities adjust to new energy and transportation realities. Even without these pressures, there are examples in the Portland Metropolitan region of unincorporated urban areas lagging behind their City counterparts in important areas such as availability of services, access to jobs, property values,housing quality etc. My viewpoint is that measures must be taken to prevent future unincorporated development and address how to best manage that which has already occurred.These tasks will have to take place both at the regional and state level. For example, addressing the issue will require revision of the state's annexation statutes to consider the different urban development and planning needs of the Portland Metropolitan Region compared to the rest of the state_This may be a difficult prospect in view of existing political interests and the scope of the issue. However,I believe that if the region does not address this issue, continuation of current practices will undermine our ability to achieve Region 2040 objectives. I would be pleased to discuss with you the particulars of how this matter affects us in urban Washington County and we would be happy to address it before MPAC Sincerely Craig E. Dirksen,Mayor Copy Members of the Tigard City Council MPAC Members President David Bragdon and the Metro Council Michael Jordan,Metro Chief Operating Officer Craig Prosser,City Manager Tom Coffee,Community Development Director File: Mayor Alice Norris 2 z • City of Tigard, Ore g on • 13125 SW Hall Blvd. Tigard, OR 97223 August 21, 2007 UI Chair Tom Brian Members of the Washington County Board of Commissioners Washington County Administrative Office T J 3ARD 155 N Fast Avenue, MS-21, Suite 300 Hillsboro, OR 97124 Dear Chair Brian and Commissioners: The Tigard City Council is aware that the Commission is funding studies to determine the feasibility of an urban renewal district in the Bethany urban growth area. Our understanding is that urban renewal is being studied as a means to fund major infrastructure improvements so that this area may be urbanized. The principle of using urban renewal financing methods for this purpose raises significant concerns for Tigard, especially since the County will also be responsible for urbanizing areas 63 and 64 near Tigard. We are concerned about stretching the purpose of urban renewal to promote the urbanization of "green fields" where it is not obvious that conditions of blight as defined by ORS 457 exist. In this instance urban renewal becomes a means to subsidize development at the cost of existing taxing districts and to the detriment of the general taxpayer. Our opinion is that new development should ultimately bear the primary responsibility for its own infrastructure costs and that its value should go on the tax rolls as soon as possible. Other infrastructure funding alternatives exist to pay for urbanization. Gresham, for example, has partnered with developers to sell bonds to fund the partial upfront costs of major public facilities necessary to urbanize the Pleasant Valley urban growth area. The funding method is based on an expected revenue stream from system development and other fees and charges. At the outset, developers also have to participate with significant financial commitments. Gresham has made this work by backing infrastructure bonds with its own "full faith and credit." Using urban renewal to create long-term debt to pay for infrastructure in Bethany, and perhaps elsewhere, has the potential to harm taxing districts and inequitably subsidize development. The County, as the entity that has chosen to urbanize this area, should cause developers / builders to ultimately bear the responsibility for major infrastructure costs even if this means that in the short run it uses its own "full faith and credit" to do so. Sincerely, n, f Craig E. Dirksen, Mayor c: Tigard City Council City of Beaverton Mayor Rob Drake Carl Hostika,Metro Councilor David Bragdon,Metro Council President Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 City of and Oregon 0 13125 SW Hall Blvd. • Tigard, OR 97223 NI . - yf Ti � g g June 18, 2007 Metro President David Bragdon and Members of Metro Council TI GARD 600 NE Grand Avenue Portland,OR 97232-2736 Dear Colleagues: I wish to express the City of Tigard's concern with proposed Ordinance 07-1154; an amendment to the Metro Regional Functional Plan Chapter 3.0 to amend the Urban Growth Boundary(UGB) major amendment process to accommodate need for housing. The City's concern is not that UGB amendments for needed housing will occur. We are concerned that the amendments, as proposed,will result in more unincorporated urban development throughout the region. This would further a land use pattern counter to the interests of the region's existing cities and make it more difficult to achieve Metro's goals of building sustainable and complete communities. Tigard's perspective is high quality and prosperous urban areas can be best achieved and sustained if development occurs within cities where the full array of services, including responsive and accessible governance,can be provided. Therefore, if the proposal goes forward, we recommend that it be amended to ensure land added to the UGB under the proposed process be planned and developed within existing Cities. Furthermore, complementary land uses should be allowed to reduce travel needs by providing close-to-home employment, recreation,and commercial opportunities. Our recommendations come from the experience of having unincorporated urban areas,bordering the City. Our view is that the structure and organization of County governments are not set up to provide the level of local governance and urban services that are standard within established cities. Tigard's concerns are also based on local and national examples of unincorporated urban areas that have declined over time as service districts and County governments lost the ability to provide adequate services. In many cases, the decline of these developed urban lands resulted in negative consequences for adjacent cities. In closing, we urge the Metro Council to not adopt the proposal as presented. It should be amended to ensure urban development of future UGB amendments occur within established cities in ways that promote realization of the Region's goals. Sincerely, / Zio,/ Craig . Dirksen,Mayor Copy. Members of the Tigard City Council Mayor Rob Drake Chair Tom Brian and Members of the Washington County Commission File: Mayor's letter UGB Expansion Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 4 Draft • • Ron Bunch 12-19-07 Ext 2427 ADDRESSING THE ISSUES OF UNINCORPORATED URBAN DEVELOPMENT 12 Steps to Achieve Sustainable and Efficient Urbanization in the Portland Metropolitan Region Step 1: Recognize/Admit that Unincorporated Urban Development is a Problem and is Out of Control: Washington County by itself cannot withstand the pressure to continue inefficient and unsustainable urbanization of unincorporated lands. The County must express a sincere desire to work with others to address the problem. Step 2: Acknowledge the Harm Caused by Unincorporated Urban Development: This Development type is contrary to local, regional objectives and state objectives, harmful to existing cities and their citizens and ultimately detrimental to the quality of life of those that live in such areas. The specifics of how unincorporated development is harmful must be acknowledged. Step 3: Stop Making the Problem Worse: The County, Metro, and their regional partners need to cease actions that promote unincorporated urban development. Step 4: Get Help to Solve the Problem: Acknowledge that the problem cannot be resolved without involvement and commitment of the County, Cities, Metro, service districts, and the state. Step 5: Pledge Mutual Trust and Support: Solving this problem requires mutual trust and support. All those involved must pledge to one another that the well-being of the region's existing and future citizens overrides the specific agenda or interests of any one political entity or the short-term interests of development. Step 6: Admit How the Problem was Created: The problems of unincorporated urban development were caused by specific actions and decisions. To resolve the crisis it is important for all involved to understand how the problem was created and resolve together to not make the same mistakes in the future. Step 7: Use the Experience of Others: This problem is not specific unique to the Portland Metropolitan Area. It is important to use the experience of other jurisdictions through-out the Country to propose solutions. An example is King County, Washington. Step 8: Propose Solutions in an Open and Collaborative Process: All those affected by unincorporated urban development must honestly engage in a face-to-face process to propose solutions. Step 9: Agree on and Commit to a Course of Action: All involved must genuinely commit to implement a course of action to solve address the problems of unincorporated development and to ensure future urban development is efficient, sustainable and livable. • • • Draft Ron Bunch 12-19-07 Ext 2427 Step 10: Address the Consequences of existing Unincorporated Urban Development: Any effort to prevent future unincorporated development must also include a strategy to deal with issues posed by existing unincorporated urban lands. Step 11: Resolving These Problems will Take a Long Time: The problems of Unincorporated_Urban Development will be with the region for a long time. It will be important for all those involved to take the view that solving these problems requires a long-term sustained effort. - Step 12: Monitor Performance and Adjust if Necessary to Prevent Recurrences: The success of this effort requires it to be objectively evaluated and changes made if necessary to ensure • . • - that unincorporated urban development does not reoccur. 12 steps to address the issues of unincorporated development CT • • SUBJECT: To: Washington County City Issue Paper No. 1 Urbanization Philosophy— Managers Group Portland Metropolitan Region Date: January 5, 2007 Attachments: None Previous Issue Papers on this Author: Ron Bunch,Assistant Topic: Yes_ No_ If Yes - Community Development Date: Title: Director INTRODUCTION: The following presents for discussion three urban growth management issues that potentially impact Portland Metro area cities. Recommendations for each are also provided. These issues are: • Unincorporated Urban Areas • Potential for Incorporation of New Cities, and • Expansion of the Urban Growth Boundary (UGB) and Compact Development inside the UGB BACKGROUND / DISCUSSION Unincorporated Urban Areas Cities and counties in the Portland Metropolitan region face a common challenge of accommodating a growing population and providing urban level services. From the municipalities' standpoint the challenge is made more difficult by the presence of large, unincorporated urban areas in Washington and Clackamas Counties. These areas exist in a service and governance conundrum. They are typically underserved due to strained county budgets. Sometimes residents and businesses in these areas complain of political under- representation. They are a small part of a geographically large political entity and the seat of governance is often far away. Despite this, residents of non-municipal urban areas are reluctant to annex to cities due to increased property taxes that come with more complete services. Also, some fear the loss of a low density life-style and autonomy. Cities are often de-facto service providers to unincorporated urban areas. For example park facilities, transportation, and emergency public safety services can be readily accessed. In addition,many unincorporated area residents work in Cities whose investments have made economic development possible. Potential for Incorporation of New Cities If one starts with the premise that the Region 2040 Plan, approved by the voters in the early 90's,is important for good land use planning and effective and efficient service provision, then the relative ease that new cities can incorporate in the Portland Metropolitan Region raises grave concerns about the ability of the region to achieve its goals. For example: 1) The easy ability of new cities to incorporate with an already developed urban area, like the Portland Region, has potential for profound regional land use planning,public facility, and financial impacts. 1 • • 2) The Oregon incorporation statutes are not supportive of the region's desire for cost effective and effi- cient land use planning and service provision. For example, the incorporation of new cities in the Portland metro region are not currently evaluated against criteria that determine if such actions would further state and regional growth management goals. This is in contrast to the fact that major planning actions within already incorporated jurisdictions are subject to these criteria. Fragmentation of urban governance and services can have many consequences. An example, are possible economic development impacts. For instance when new businesses seek appropriate locations to diversify or expand their market share, they look for communities that are large enough to have built in synergies and a high quality of life. These elements are-often found in economically healthy cities that have a full service base rather than in ones that have revenue problems either due to stagnated growth or too small of an economy of scale to provide a full level of services. Cities must have land available to accommodate economic development needs. Furthermore, they must have land available to provide the full range of housing opportunities that employees and employers desire. They must also have the ability to provide safe and affordable environments with high quality of life amenities including parks, educational and cul- tural opportunities, public safety,responsible and accessible governance. Expansion of the Urban Growth Boundary (UGB) and Need for Compact Development inside the UGB In order for the Portland metro region to accommodate projected household and job growth, the Urban Growth Boundary (UGB) will need to include more land. Also development will need to be more compact and efficient inside the current UGB, particularly in Regional and Town Centers and along transportation corridors. This strategy depends on the ability to provide infrastructure and services. For example, before new UGB land can be urbanized, concept plans have to be developed. However, because of its expense, this basic level of planning has not met expectations. In instances where Concept Plans have been completed, urbanization has been stalled because of the inability to pay for needed infrastructure— roads, sewer,water, and water quality. It is important to note that how to pay for continuing services such as public safety, facility maintenance, governance, etc. is also a challenge. Infrastructure funding problems affects the success of compact development as well. Redevelopment in most areas of the region also requires public investment to upgrade aging and often inadequate public services. This is beyond the capacity of most jurisdictions. Where redevelopment has occurred,urban renewal has played a key part. The work done by the Portland Development Commission is an example. RECOMMENDATIONS: The following recommendations are proposed to address the above issues: 1. Unincorporated Urban Areas A. Washington County Cities should urge county government to recommit to an urbanization agenda that would: i. Focus new urban development inside existing cities; ii. Encourage existing unincorporated areas to annex to existing cities when feasible; iii. Seek to provide an adequate level of services until such time that annexation takes place; and iv. Emphasize the provision of county level services suited to a large geographic area, such as public health,jails, rural area planning, rural roads construction / maintenance, etc. 2 9) 2. Potential for Incorporation of New Cities • B. Washington County Cities should support legislation that would: i. Require proponents of incorporation within a designated Metropolitan Service Area (MSA) af- firmatively demonstrate that such action would also conform to all land use goals, statutes, and administrative rules, including those of a regional government as a condition of incorporation; and ii. Within the Portland Metropolitan Region the final decision-maker on any city incorporation / disincorporation request should be the Metro Council and not a County government. 3. Expansion of the Urban Growth Boundary (UGB) and Compact Development inside the UGB C. It is recommended that Washington County Cities ask the County to work with them, Metro, and the state to: i. Develop stable funding sources for concept planning and infrastructure development for UGB expansion and redevelopment activities. For example, several ideas have been discussed to date including, tax increment financing;windfall profit tax (associated with new UGB areas); restructured system development charges;real estate transfer fees;transportation facility user fees, and; establishment of a regional funding bank dedicated to infrastructure funding, File: Cities Briefing Paper 1 Urbanization Philosophy 12-1-06 • • • 3 • 1 • • SUBJECT: To: Washington County City Issue Paper No. 2 Urbanization Philosophy—Portland Managers Group Metropolitan Region: Infrastructure Date: January 5, 2007 Attachments: None Previous Issue Papers on this Topic: Author: Ron Bunch,Assistant Yes No_ If Yes -Date: Community Title: Development Director INTRODUCTION This paper discusses issues about paying for infrastructure to accommodate urban growth within the Portland Metropolitan Region. Its premise is that infrastructure costs of growth should be evaluated and addressed on a policy level- on the basis of whether it occurs either: 1) Inside existing city limits; 2) In "green field" areas,resulting from Urban Growth Boundary(UGB) expansions that are made part of cities, or • 3) Inside the UGB,but within unincorporated areas. This paper results from a non- empirical evaluation and is intended to set the stage for further discussion on how key public facilities can be paid for,and costs appropriately allocated. BACKGROUND / DISCUSSION Incremental Infrastructure Needs Much of the concern about urban growth is over the "fiscal costs" that must be borne by various levels of government to provide services to accommodate in-migration. There are two kinds of costs that must be addressed. The first category is incremental infrastructure costs. These are costs needed to improve existing infrastructure to serve new residents and continue service to existing residents. Costs associated with improving piped facilities (sewer,water, storm drainage) can be accommodated through various means associated with utility revenues. Equitability issues associated with incremental facility costs often vex existing residents because it is sometimes not possible to charge all infrastructure improvement costs back to the people that caused them. This often creates divisiveness,because existing residents often feel that tax,rate or fee charges caused by population growth are neither fair nor.equitable.1 In this context,paying for incremental transportation improvements is more challenging than piped facilities due to transportation's reliance on gasoline taxes and state and federal transfer payments -the growth of which has stagnated in recent decades. Motorists and the United States, especially in the West have resisted user fees to finance needed transportation projects. In Oregon it used to be widely accepted that industrial and commercial development paid more in property taxes than the service costs they imposed. However,changes in Oregon's tax structure in the last decade has probably changed this condition. In general,with a few exceptions,the property tax burden has been shifted to residential development,except in one key area—schools. Non-residential development does not by itself create the need for education services. However, many argue that business benefits from a strong public education system. The irony of this situation is that much residential development requires more public services than paid for by its contribution in property taxes.This situation argues for both tax reform and as much efficiency as possible in providing and managing public services. 1 1 C� • • • Studies in Oregon have estimated the incremental cost of needed infrastructure investment at about $20,000 to $35,000 for a "typical" three-bedroom home built in the state's urban areas. In Washington State the cost is estimated at$83,000. The difference is that Washington's estimates include a much greater off-site transportation impact of about$56,000. Despite the cost difference between the two states and how impacts are apportioned,the common theme is that a substantial part of off-site • incremental costs are left unaddressed. The most obvious manifestation of this is increased traffic congestion and a decline in the condition of transportation systems. Under current conditions the general taxpayer/ratepayer will ultimately have to bear the burden of transportation problems caused by growth... if it is to be addressed at all. New Infrastructure Paying for growth gets much harder when a"tipping-point" is reached that requires major investment in "new infrastructure" such as arterial roads and freeways;water mains;water storage facilities;police and fire stations;public libraries, schools; storm drainage;parks, etc.Assigning these capital costs to users is very difficult-both conceptually and legally. This is the situation the Portland region now faces with new UGB lands added in 2000 and 2004-- 05. The Pleasant Valley and Springwater UGB areas in Gresham are good examples. After spending more than $3.5 million to concept plan these areas,there is still no timetable for development due to difficulties in financing the initial infrastructure, such as major streets;main sewer and water lines;water storage facilities; storm and water quality facilities,and parks. In the Pleasant Valley UGB area, Gresham tried an approach that relied on systems development charges to pay most of the"start-up"infrastructure costs. This was partly in response to the reluctance of existing Gresham residents to subsidize new urban growth. However,the costs are so great that developers are not willing to participate. Also,the city would be faced with the "carrying costs" and risks associated with selling multi-million dollar bonds to front the cost of infrastructure. Another concern is that if market conditions negatively affect the housing market, this city would not have funds (from SDC fees) to pay off the bonds. In this case, existing taxpayers would pay the costs. Urban Development in Unincorporated Areas Often new urban development in unincorporated areas is residential. It is assumed development in these areas pay lower system development fees than comparable development in cities. One reason is that counties provide lower levels of service. However,it is suggested that the unpaid off-site development costs are greater than if the same development occurs in a city. This is because cities offer a more complete range of services because a wider variety of land uses result in a closer balance between tax revenues and service expenditures. For example,residents in unincorporated areas must drive on urban roads to access jobs that are in cities. These employment opportunities are made possible by the investment of cities and their citizens. Also, City's are more likely to make investments in cultural and recreational facilities that county residents enjoy, such as libraries and parks. County residents and businesses also benefit from the often close proximity of city public safety services that are available, through mutual-aid agreements, to respond to emergencies. Urban Development (infill and redevelopment) Inside Cities The Portland Metro region has made a policy decision to emphasize compact development and efficient use of urban land,particularly within regional and town centers.Accomplishing this will require additional investment to upgrade strained infrastructure,particularly transportation systems. Over the •1 2 • • past several years, federal transportation investments have declined. Without this assistance and other outside aid, the cost to cities to solve major transportation issues are staggering. Infill and redevelopment in most parts of the region require substantial public assistance. Recent studies have shown that investment returns within town/regional centers of suburban communities are not adequate to foster mixed-use private development unless public subsidies are involved. Portland is an excellent example of how a public urban renewal agency(Portland Development Commission)has helped urban redevelopment to become economically self-sustaining. Therefore if growth is to be accommodated, then development of existing underutilized and vacant lands in cities,rather than in unincorporated areas represents the best opportunity to not pass costs on to the general public. As already stated,cities have developed infrastructure systems that are result of a balanced relationship between tax revenues and service expenditures. Cities have a much better capacity to sustain services to their urban citizens than do counties. CONCLUSIONS AND RECOMMENDATIONS2 Incremental Infrastructure Costs When growth requires improvements to existing infrastructure;achieving absolute cost equity between existing and new residents is not achievable. A fact of urban economics is that the costs of many urban services rise as cities get bigger and more complex. A mitigating circumstance is that economic activity increases as urban areas grow and incomes for many commensurately expand. However, this is not true for many others. Fairness in apportioning costs for public services is an abiding public value and requires consideration when making decisions to invest in facility improvements required by growth. • Solving the equity question cannot be done through financial means alone. Because residential development often imposes more public costs than it generates in taxes and economic development, cities need to ensure that balanced land use and economic development plans are part of long-term financial strategies. Cities should also support actions that have potential to increase the economic well- being of their citizens, such as education and job training. The goal should be to lower the cost of services as a proportionate share of household income. New Infrastructure It may be that the cost of new infrastructure to serve new UGB areas is beyond the capacity of individual cities. Expanding the UGB and paying for needed infrastructure to accommodate a million new people in the next 20 years should be considered a regional and state responsibility. Therefore new funding tools are needed. This will require Metro to take a break from expanding the UGB and concentrate on engaging citizens,its municipal and county partners and state government to resolve this issue. During the interim, cities should be allowed within designated urban growth areas to grow incrementally within the capacity of existing infrastructure. Bold solutions should not be discounted, such as requiring user fees to pay for new major transportation facilities or the formation of a regional public facility funding bank that would finance qualified infrastructure projects. • 2 I would like to acknowledge the following sources that contributed to this paper:Overview of the Costs of Urban Growth,by Bill Ward,Professor of agricultural and applied economics and director of the Clemson University Center for international trade;Paying for Prosperity:Impact fees and Job Growth, Arthur C.Nelson and Mitch Moody,Brookings Institution. 3 IZ • Urban Development in Unincorporated Areas Not all "down- stream infrastructure costs" from new development can be accounted for. However, policy-makers should seek to not promote policies/actions that pass on disproportionate"off-- site costs" to others. Some see this as a fundamental principal of fairness. It is suggested that urban level development on unincorporated lands passes on to the general taxpaying public a greater share of"downstream" costs than comparable development in cities. Development inside Cities (Infill and Redevelopment) Urban renewal and tax increment financing will be important to financing infrastructure improvements necessary to achieve compact mixed-use urban development in the region's many centers. However,in some centers the growth in the tax increment may be too slow to effect change. Because "vibrant and economically healthy centers"is a regional goal, state and Metro financial assistance may be needed. An examination of ways to improve urban renewal and other financial tools is needed. This may require state legislative action. File: city issue paper#2 infrastructure.doc • • 4 t3 • • Ron Bunch, Assistant Community Development Director WA Co. City Managers Meeting,February 6, 2008 • Research Notes—Washington County Unincorporated Development Issues • 1. Population Growth • City 2007 City Population(PSU 2000 City Population Estimate) (Census) Banks 1435 1286 Beaverton 85560 76129 • Cornelius 10895 9653 Durham 1400 1382 Forest Grove 20775 17709 Gaston 650 600 Hillsboro 88300 70186 King City 2700 • 1949 Lake Oswego 20 15 • North Plains 1890 1605 Portland(Partial) 1500 1388 Rivergrove(Partial) 35 37 Sherwood 16365 11191 Tigard 46715 41223 Tualatin 26025 20127 Wilsonville (Partial) 1655 4 305920 254484 • Total City Population Growth 2000-2007 = 51436 • WA Co. WA Co. 2000 WA Co.2007 Population PSU 1990 Census Estimate Population Census 311,554 445342 511075 • Findings: a. Unincorporated population grew by 14,300 people during the period 2000 to 2007. b. During the period 1990 to 2007,unincorporated population grew from 149,000 to 205,352, or about 55,000 people. c. City population growth resulting from annexations was nominal compared to overall population growth. During the period 1990—2000, 4,769 people annexed to cities, and during the period April 2000—2007, 4,039 people annexed to cities. PA I • • .m1 • • MEMORANDUM T I GARD TO: Planning Commission FROM: Todd Prager, Associate Planner/Arborist RE: Definition of"Hazard Tree" for Urban Forest Comprehensive Plan Amendment (CPA2008-00002) DA'Z'E: April 25, 2008 At the April 21, 2008 Planning Commission Public Hearing regarding the Urban Forest Comprehensive Plan Amendment (CPA2008-00002), staff was given direction by the Planning Commission to revise the definition of"hazardous tree" based upon the International Society of Arboriculture (ISA) definition. The following is a discussion of draft language presented at the hearing, a suggested alternative received during public comment, and staff's recommendations as based on the ISA Dictionary. The following definition of"hazardous tree" was recommended by the Tigard Tree Board, and is in the existing Urban Forest Comprehensive Plan Amendment: 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. Ken Gertz, member of the Home Builder's Association of Metropolitan Portland, put forth the following definition of"hazardous tree", stating that it tracks more closely with the ISA definition and takes into consideration future improvements constructed around trees: 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 fail and injure persons or damage property either existing or potential and where pruning or other commonly accepted arboricultural practices treatments will not significantly alleviate the hazard. The ISA On-Line Dictionary does not have a specific definition for"hazardous tree", however it does define"hazard"in the context of arboriculture. The following definition of"hazard"was pulled verbatim from the ISA On-line Dictionary of Arboricultural Terms: Hazard -situation, condition, or thing that may be dangerous. (1)in tree management, a tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. (2)in tree care or forestry operations, the presence of a condition or situation that may cause harm or injury to workers. Page 1 of 2 • • While the ISA On-line Dictionary does not have a specific definition of"hazardous tree", staff's opinion is that the above definition of"hazard" as it relates to tree management represents an equivalent substitution. Also, since the term"hazard tree" is more consistent with the content of the Urban Forest Comprehensive Plan Amendment and common arboriculture industry usage, staff recommends defining the term"hazard tree" as opposed to "hazardous tree" in the document. Based on the above findings, staff recommends the Planning Commission adopt the following ISA based definition of"hazard tree": Hazard Tree -a tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. Page 2 of 2 MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: John Floyd, Associate Planner RE: Goal 5 — Natural Resources and Historic Areas Workshop DATE: April 28, 2008 At the May 5`h Planning Commission meeting, staff will present draft goals, policies, and recommended action measures for the Natural Resources and Historic Areas Comprehensive Plan chapter for Planning Commission review, discussion, and editing. These draft goals, policies, and recommended action measures are intended to reflect the community's values and aspirations for natural resource and historic areas planning. They also aim to organize and coordinate the relationships between people, land, and resources to meet the current and future needs of Tigard. This language is founded,in part, on the following sources: • The Tigard Beyond Tomorrow Visioning Process • Community surveys over the past several years • Tigard 2007: A Comprehensive Plan Resource Report • Public Comments received at Policy Interest Team Meetings 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. Previous chapters reviewed by the Planning Commission and Council have revealed that both bodies want to receive and honor citizen recommendations, but that final language should provide flexibility regarding future implementation. As such, this is the appropriate time to evaluate the Policy Interest Team recommendations versus the views of the Commission on what it ultimately recommends to City Council. The intended outcome of the meeting would be a consensus on the final draft background, goals, policies, and recommended action measures that will be brought before the Planning Commission for a public hearing on May 19t. 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. Remember, staff is available to answer any questions or concerns that you may have leading up to the meeting and we encourage you to call or email us to ensure a productive meeting. Please contact John Floyd at 503-718-2429 or johnflQtigard-or.gov with questions, comments or concerns relating to this agenda item. 1 • • The attached material for this topic includes: • Draft background information,goals, policies, and recommended action measures • Policy Interest Teaming After Meeting Memo of October 3, 2007 • Policy Interest Team After Meeting Memo of November 19, 2007 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. 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. 2 • • 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 • • Attachment "1" Natural Resources and Historic Areas Each community possesses certain natural and historic resources that help to establish its identity. Tigard is fortunate to contain a variety of these resources that contribute to its high quality of life. From the riparian corridors along the Tualatin River and its tributaries, to the City's wetlands, to the upland habitat resources, the community's natural resources are a visual and ecological asset. The historic and cultural resources of the community represent a part of the community that provides a living history of the area. Protecting and conserving these resources are vital components to a successful land use planning program. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces "To protect natural resources and conserve scenic and historic areas and open.daces." As awareness of the importance of natural and historic resources and their relationship to the quality of life has increased, so has concern for protecting these resources. Protecting the City's valuable natural and historic resources is thus one of Tigard's primary goals. In addition, the City must comply with federal, state, and regional laws protecting the resources, including sensitive, threatened, and endangered species and their habitats. The following resources are addressed in this chapter: • Fish and Wildlife Habitat • Wetlands • Streams • Groundwater • Historic and Cultural Resources As Tigard's population continues to grow, so does the potential for conflict between the desire to preserve resources and the need to provide adequate land for growth. As development patterns change to accommodate growth, more pressure is placed on the resources that are present. The tension between the built and natural environments results from the competition for land resources. The steady trend of growth and development further necessitates the importance of fording a suitable balance in the future, both locally and regionally. Fish and Wildlife Habitat Despite growing urbanization, Tigard and the surrounding area remain home to an impressive diversity of birds, mammals, fish, amphibians and reptiles. Fish and wildlife species depend on a complex array of habitat conditions for their food, water, mobility, security, and reproductive needs. Wildlife habitat within the City of Tigard is heavily concentrated adjacent to water bodies, such as streams and wetlands. However, there are patches of upland habitat in drier, higher elevations across the City. This upland vegetation not only contributes in providing protective cover for wildlife, but also contributes to the aesthetic quality of the community and serves as an essential element in controlling runoff and soil erosion, moderating temperatures, and reducing air pollution. CPA2008-00003 1 Goal 5 City of Tigard • • Attachment "1" A number of agencies are involved in the effort to address the management and protection of fish and wildlife habitat. In 2000, Metro began work on a regional inventory of significant fish and wildlife habitat, focusing on riparian corridor and wildlife habitat resources. Shortly after completion of the inventory in 2002, the Tualatin Basin Partners for Natural Places, an alliance between Washington County and local cities (including Tigard) working with Metro, Tualatin Hills Parks and Recreation District and Clean Water Services, was formed to meet relevant federal, state, and regional requirements. Metro entered into an intergovernmental agreement (IGA) with the Tualatin Basin Partners for Natural Places to develop a basin- specific approach to protect Goal 5 (riparian and wildlife habitat) resources in compliance with the Metro's Urban Growth Management Functional Plan, Title 3 (Water Quality and Flood Management) and Title 13 (Nature in Neighborhoods). The result of the IGA was the City adopting voluntary habitat friendly development provisions in December 2006 that seek to protect the wildlife habitat identified within the community. The provisions include an opportunity for low impact development practices that can reduce impacts to the identified resources. The Tualatin Basin Partners for Natural Places used the regional habitat inventory as the basis for conducting a general analysis of the Economic, Social, Environmental, and Energy (ESEE) consequences of allowing, limiting or prohibiting uses that would negatively impact inventoried resources. The site-specific component of the ESEE analysis provided a more localized analysis and an opportunity to refine the Basin-wide "limit" decision where necessary. The analysis results show that the City of Tigard has 588 acres of habitat designated as "strictly" limit (i.e. Metro inventoried Class I and II riparian resources within the Clean Water Services Vegetated Corridor). An estimated 370 acres of Class I and II riparian habitat situated outside the Clean Water Services' vegetated corridor are designated as "moderately" limit. In addition, 422 acres of non-Class I and II riparian resources within the City are designated as "lightly" limit, including both upland and lower-value riparian habitat areas. Wetlands Wetlands, including swamps, bogs, fens, marshes, and estuaries, play a crucial role in a healthy ecosystem by providing essential habitat for waterfowl, fish, amphibians and many other animal and plant species. The state defines a wetland as an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Oregon Administrative Rule (OAR) 660-023- 0100). These areas also serve several natural hydrologic functions, including absorbing flood waters, sustaining summer stream flows, replenishing groundwater, and filtering out harmful pollutants from waterways. Wetlands also offer prime sites for people to witness the wonders of a unique natural setting where fish, wildlife, plants, and water converge. These beneficial functions of wetlands, however, may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. CPA2008-00003 2 Goal 5 City of Tigard • • Attachment "1" As outlined under OAR 141-086 for Wetland Conservation Planning, Tigard's locally significant wetlands were designated according to the criteria and procedures for identification of significant wetlands adopted by DSL. Inventoried wetlands were deemed significant if they received the highest rating on at least two of the four primary wetland functions, namely wildlife habitat, fish habitat, water quality,and hydrological control. Of the wetlands (within the City limits) identified in Tigard's Local Wetlands Inventory, roughly 98%are classified as significant wetlands. In 1997, the City of Tigard Local Wetlands Inventory (LWI) and Wetlands Assessment were approved by DSL. Approval by DSL means that the wetlands inventory meets state LWI standards, and therefore becomes part of the State Wetlands Inventory and must be used in lieu of the National Wetlands Inventory. Since the approval of the LWI, several new wetland delineations have occurred within the city limits. These new delineations were performed by wetland professionals and concurred by DSL. The newly delineated wetlands become part of the LWI, although a function assessment was not performed. Without the assessment, significance cannot be determined. However, the majority of the newly delineated wetlands is currently under protection from the City's sensitive lands review process because of their location in a stream corridor, 100- year floodplain, or within the CWS vegetated corridor. The remaining wetlands, although not covered by the City's sensitive lands review process, are subject to the state Removal-Fill Law and must secure permits as required by the law. Streams Roughly 30 miles of stream corridors cross through the City and nearly all the streams in Tigard drain into Fanno Creek, which'then flows into the Tualatin River. These stream corridors provide a complex ecosystem linking water, land, plants, and animals and perform several ecological functions, including storing and conveying surface water, modulating flows, removing pollutants and providing vital habitat for aquatic organisms. The City collaborates with Clean Water Services (CWS), the surface water management and sanitary sewer system utility for urban Washington County, to protect local water resources. Through CWS Design and Construction Standards, local governments in the Tualatin Basin (including Tigard) developed a unified program to address water quality and flood management requirements for Title 3 of Metro's Urban Growth Management Functional Plan. In 2002, the City of Tigard adopted regulations restricting development within and adjacent to sensitive water resource areas, including streams, through standards in the CWS Design and Construction Standards. The CWS standards provide for vegetated corridor buffers, ranging from 15 to 200 feet wide, and mandate restoration of corridors in marginal or degraded condition. In addition, land-use applicants proposing development near streams and wetlands are required to prepare a site assessment and obtain approval from CWS prior to submitting a land use application to the City. Additionally, the Tigard Community Development Code (18.775) contains a chapter devoted to the protection of sensitive lands, including natural drainageways, wetlands, and the 100-year CPA2008-00003 3 Goal 5 City of Tigard • • Attachment "1" floodplain, by requiring applicants proposing development within a sensitive area to obtain a permit for certain activities depending on their nature and intensity. The City of Tigard also collaborates in implementing Clean Water Services' Healthy Streams Plan (June 2005). The goal of this plan is to improve watershed and stream health for community benefit by recommending a number of policy and program refinements, as well as outlining a capital projects program. The capital projects focus on stream preservation and enhancement, flow restoration, community tree planting, stormwater outfall and culvert replacement. Groundwater The importance of groundwater to the community is twofold. First, it serves the function of naturally replenishing surface waters such as wetlands, streams, and lakes. This helps provide vital habitat for aquatic organisms and wildlife. Secondly, it is a source of clean water to help meet human water needs for drinking, household use, commercial/industrial use, and irrigation. The western portion of the City of Tigard is located above the Cooper Mountain/Bull Mountain Critical Groundwater Area. The Critical Groundwater Area was declared in 1973 in response to heavy pumping and the slow rate of recharge. This is significant because the City owns water rights to withdraw groundwater from the aquifer and it was once an important source of drinking water. Currently, the City of Tigard Water Division has one groundwater well in operation that is available to supplement the drinking water supply in times of high demand. The Water Division has also developed Aquifer Storage Recovery wells that allow potable water to be injected into the aquifer during the winter to supplement the summer high demands. Historic and Cultural Resources In 1984, the City adopted a Cultural Resource Overlay District to manage significant historic resources. Section 18.740 of the Community Development Code governs the application and removal of the district overlay, the primary purpose of which is to facilitate the protection, enhancement, and conservation of landmarks and historic and cultural sites and areas. Under state law (ORS 197.772) enacted in 1995, a local government is required to allow a property owner to remove a historic property designation that was imposed by the local government; in addition, the property owner may refuse to consent to the designation at any time in the process, thus removing the property from consideration for all but the National Register of Historic Places.The implication of the statute and rule for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. Local conservation efforts can be combined with the National Register of Historic Places (the National Register), a list of cultural resources of national, regional, state, or local significance that is kept by the Department of the Interior's (DOI) National Park Service (NPS). Being listed on the Register does not protect a property from demolition, but it does document and evaluate the property's historic significance based on National Register CPA2008-00003 4 Goal 5 City of Tigard • • Attachment "1" criteria and makes the property eligible for federal grants when available, including rehabilitation tax credits. Many of the cultural resources associated with the original development of the Tigard area have not survived the City's growth during the last forty years. Improvements to Hwy 99W also contributed to the demise of the City's resource base. Those resources that survived include a mix of residential, educational, and commercial buildings. Currently, nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register. The only property from which the overlay has been removed was the Tigard Feed and Garden Store when the owner initiated the removal request. Chapter 18.740 of the Community Development Code requires that if an overlay property receives approval for demolition, a condition of approval will require submittal of a graphic and pictorial history and artifacts to the Washington County Museum. Key Findings • Clean Water Services' Design and Construction Standards establish a vegetated corridor buffer adjacent to the City's streams to protect water quality; the City adopted these standards in 2002. • In addition to contributing to the general aesthetic quality of the area, streams and the adjacent riparian areas perform several ecological functions. • Roughly 98% of the City's wetlands are classified as "locally significant wetlands," per procedures outlined under OAR 141-086. • The Tigard Community Development Code requires Sensitive Lands Review for any development which would impact significant wetlands or the vegetated corridor buffer to wetlands. • Wetlands may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. • Based on the Economic, Social, Environmental and Energy (ESEE) analysis conducted by the Tualatin Basin Partners for Natural Places, 588 acres of the inventoried regionally significant habitat was designated as "strictly limit", 370 acres was designated as "moderately limit" and 422 acres was designated as "lightly limit." • In December 2006, the City of Tigard adopted voluntary Habitat Friendly Development Provisions (Ordinance 06-20) that encourages the protection of habitat with the use of low impact development practices. • The Critical Groundwater Area on Cooper Mountain and Bull Mountain was declared by the State of Oregon in 1973 and restricts the withdrawal of groundwater on the western half of the City. • Groundwater wells currently in operation are limited to one traditional well and two aquifer storage recovery (ASR)wells. • In 1984, the City adopted a Historic Overlay District to manage significant historic resources. • In 1995, ORS 197.772 required local governments to allow a property owner to remove a historic property designation that was imposed by the local government. CPA2008-00003 5 Goal 5 City of Tigard • • Attachment "1" The implication for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. • Nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register; only the Tigard house has the Historic District overlay. • The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. Goal 5.1 Protect and restore natural resources, and the environmental and ecological services they provide, through naturally functioning systems that demonstrate a high level of biodiversity. Staff Notes: While definitions are not being formally considered at this time, staff has prepared the following draft definitions at the request of the PIT and to assist the Planning Commission during deliberations: Biodiversiy: The full range and variety and variability within and among organisms and the ecological complexes in which they occur, and encompasses ecosystem or communi y diversity, species diversity, and genetic diversity. Natural Resources: Inventoried resources and natural resource systems including fish and wildlife habitats; wetlands;streams and associated riparian corridors;groundwater;and rare and endangered fish and wildlife, plants, and plant communities. Policies 1. The City shall protect and restore natural resources in a manner that will: a. Contribute to the City's scenic quality of Tigard and its unique sense of place; b. Provide educational opportunities, recreational amenities, and buffering between differential land uses; c. Maximize natural resource functions and values including fish and wildlife habitat and water quality; and d. Result in healthy and naturally functioning systems containing a high level of biodiversity. 2. The City shall continue to protect and restore natural resources through a variety of methods. Such methods shall include, but not be limited to, the use of development and land management regulations, acquisition of land CPA2008-00003 6 Goal 5 City of Tigard • • Attachment "1" and conservation easements, educational outreach, and external partnerships as appropriate. 3. The City shall encourage public and private development to use sustainable building technologies, low impact development techniques, and incorporate existing and potential natural resource functions and values into the landscape and infrastructure designs of development projects. 4. The City shall actively coordinate and consult in the inventory, protection, and restoration of natural resources with landowners, local stakeholders, and governmental jurisdictions and agencies. 5. The City shall utilize periodic assessments of the effectiveness of the City's programs and regulatory structures to inform future decisions regarding natural resource protection, management, and restoration. 6. The City shall utilize incentives or disincentives as appropriate to prevent property owners from removing or degrading natural resources prior to annexation. 7. The City shall preserve and restore riparian and upland habitats for fish and wildlife to the maximum extent possible on public and private lands through: a. Land use regulations and standards that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility, and reproductive needs of fish and wildlife; b. Land use regulations and standards that mitigate the loss of habitat elements and functions as a result of development, with priority given to protection over mitigation; c. Preservation and creation of linkages between wildlife habitat areas, when possible, as a key component of parks, open space, and surface water management plans; and d. Implementation of outreach and regulatory programs to identify and remove invasive species that threaten habitat areas. 8. The City shall preserve, maintain, and restore the diverse ecological and non-ecological functions and values of streams, wetlands, and associated riparian corridors. Strategies shall include, but not be limited to: a. Compliance with Federal, State and Regional regulations as they apply to streams,wetlands, and associated riparian corridors; b. Mitigating the loss of wetlands and their associated functions and values as a result of development, with priority given to protection over mitigation; c. Protection of riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat; and CPA2008-00003 7 Goal 5 City of Tigard • • Attachment "1" d. Maintenance and restoration of hydrologic regimes that support fish and wildlife, provide flood control, enable natural recharge of groundwater, and other ecological and community benefits. 9. The City shall continue to protect groundwater by: a. Continuing to work with regional and state agencies to identify and • address potential sources of contamination; b. Minimizing the amount of impervious surface area covering the City that prevents the natural recharge of groundwater aquifers; and c. Supplementing groundwater extraction with alternative sources. 10. The City shall maintain and utilize a baseline inventory of natural resources through surveys and monitoring. 11. The City shall assist landowners in the protection of natural resources through diverse methods including education,incentives, planned development standards and regulations, and conservation easements. Recommended Action Measures i. Identify and inventory locally significant habitats and plant communities not included in the Nature in Neighborhoods and Tualatin River Basin studies. ii. Establish baseline measures and periodically evaluate natural resource protection and restoration activities in a manner that will measure success and enable further refinement towards measurable goals. iii. Inventory and preserve small perennial streams as natural resource for their contributions to fish and wildlife habitat. iv. Inventory and preserve locally significant tree groves not considered regionally significant habitat. v. Identify and preserve areas demonstrating high scenic quality, and implement mechanisms for preserving, maintaining and/or enhancing this quality. vi. Periodically evaluate the effectiveness of existing natural resource protections with the Development code; identify gaps, conflicts, and opportunities for enhancement. vii. Continue membership and active involvement with nonprofit and government agencies such as the Tualatin Basin Natural Resources Coordinating Committee. CPA2008-00003 8 Goal 5 City of Tigard • • Attachment "1" viii.Identify opportunities for, and encourage the use of habitat friendly development practices and low impact development techniques. ix. Incorporate bioregional conservation strategies, such as those identified in the Oregon Biodiversity Project, into regulations and restoration programs. x. Utilize indicators of biodiversity as a measure of the quality and health of natural resource systems, and as a measure of success of City actions and strategies. xi. Identify mechanisms for stabilizing or reducing surface and groundwater extraction for residential and commercial uses. Goal 5.2 Promote the preservation and protection of historically and culturally significant resources. Policies 1. The City shall actively promote the protection and preservation of historic and cultural resources and cooperate with organizations involved in their protection. Recommended Action Measures i. Promote and publicize historic resources in the City. ii. Support volunteer programs to preserve historic resources. iii. Encourage rental and use of historic buildings,where appropriate. iv. Consider holding City functions in historic buildings,where appropriate. v. Support efforts to obtain historic designation at the city, county, state, and national levels for public and private historic sites. vi. Facilitate the development of economic options and alternatives for historic and cultural resources and organizations involved in their protection,when requested. CPA2008-00003 9 Goal 5 City of Tigard • • Attachment "2" MEMORANDUM t. TO: Long Range Planning Staff TIGARD 2027 FROM: John Floyd RE: Natural Resources Policy Interest Team Meeting of October 3, 2007 DATE: October 5, 2007 On October 3, 2007 the Policy Interest Team (PIT) for Natural Resources convened in the second floor conference room of the library, between 6:30 and 8:30 pm. In attendance were four members of the public:John Frewing, Warren Aney, Sue Bielke, and Brian Wegener of Tualatin Riverkeepers. Building blocks were presented and comment solicited from attending members regarding the direction and content of the building blocks. Topics discussed at the meeting included a general description of the General Plan process, the purpose of the PIT, draft goals, and both the tone and content of the building blocks that will form the foundation of future policies and action measures. The dot exercise was not undertaken as the group wanted to finish the comment period prior to the close of the meeting. Comments received by staff were both general and specific. A summary of these comments is below: > The draft goals significantly overlap and do not adequately address upland habitat > Biodiversity should be a cornerstone goal, and the protection of upland habitats should be explicitly referenced in the goals. ➢ The policies should leverage opportunities provided by development, and not focus only on restricting it > Members of the PIT felt that implementation of incentives to encourage resource sensitive development has rarely occurred in this and other jurisdictions > Tigard should not automatically defer all regulatory responsibility to single purpose agencies as Tigard may have a broader set of objectives than another other agency or agencies (i.e. DEQ, CWS, etc.) ➢ Tigard should not just inventory resources, but perform ongoing monitoring and evaluation of changes to measure and assess success or failure. There were also calls by some members to develop inventories of locally significant habitats and streams, not just regionally significant ones. > There should be a discussion of the ecological services provided by natural resources and their value to humans (human habitat, pollination, microclimate control, air/water purifications) > Natural Resource policies should include language regarding when, how and where to annex new land. > The City should incorporate recommendations of the Oregon Conservation Strategy prepared by ODFW a broad and proactive framework for the long-term conservation of Oregon's native fish, wildlife, invertebrates and plants. > The City should take greater interest in monitoring smaller perennial streams, the illegal diversion of water, and the protection of groundwater not only for drinking water but the maintenance of adequate flow levels for fish and wildlife. • Attachment "3" MEMORANDUM TO: Long Range Planning Staff TIGARD 2027 FROM: John Floyd RE: Natural Resources Policy Interest Team Meeting of November 14, 2007 DATE: November 19, 2007 On November 14, 2007 the Policy Interest Team (PIT) for Natural Resources convened in the second floor conference room of the library, between 6:30 and 8:30 pm. In attendance were four members of the public:John Frewing, Sue Beilke,Tony Tycer, and Ben Boudreau. Draft policies were presented and comment solicited from attending members regarding the direction and content. Staff also requested that the repeat members,John Frewing and Sue Beilke, to make sure that their comments submitted at the first meeting were properly understood by staff and incorporated into the draft Goals and Policies. Topics discussed at the meeting included a general description of the General Plan process, the purpose of the PIT, and draft goals and policies written subsequent to the previous meeting. . Comments received by staff were both general and specific. A list of recommended changes is below. In addition, the PIT requested more information regarding the status and appropriateness of existing policies. This issue will be presented at the next PIT meeting. DRAFT GOALS Goal 1: The City shall Protect, restore, and enhance significant natural resources and the ecological and non-ecological functions and benefits they provide. Significant natural resources shall include: a. Fish and wildlife habitats; b. Wetlands; c. Streams, and associated riparian corridors; d. Groundwater; and e. Rare and endangered fish and wildlife ads, plants, and plant communities Goal 2: Achieve healthy, naturally functioning ecological systems that demonstrate a high level of biodiversity. [see definition for biodiversity] • Attachment "3" DRAFT POLICIES Policy 1: The City shall protect and restore natural resources in a manner that will: a. Retain the scenic quality [Create definition ::of scenic'. quality] of Tigard and its unique sense of place; b. Provide educational opportunities, recreational amenities, and buffering between land uses; and c. Maximize the ecological and hydrological services they provide such as fish and wildlife habitat, surface water management, and drinking water. Policy 2: The City shall continue to protect and restore natural resources through a diversity of methods including but not limited to: development and land management regulations, transfer of development rights, acquisition of land and conservation easements, preferential assessments, educational outreach, and external partnerships as appropriate. Policy 3: The City shall require public and private development to use green building technologies, low impact development techniques, and incorporate existing natural resources into the landscape and infrastructure designs of development projects. Site plans shall recognize existing natural resources as both amenities and green infrastructure. Development techniques that restore degraded natural resources or mimic natural resource functions shall be encouraged. Policy 4: The City shall actively coordinate and cooperate in the inventory, protection, and restoration of natural resources with landowners, regional, state and federal jurisdictions and agencies. Policy 5: The City shall use a systems-wide management approach to protect, restore and manage natural resources, with periodic assessments of the effectiveness of the City's programs and regulatory structures. • • Attachment "3" Policy 6: The City shall utilize incentives or disincentives as appropriate to prevent property owners from removing or degrading natural resources prior to annexation. Policy 7: The City shall protect and restore fish and wildlife riparian and upland habitats for fish and wildlife to the maximum extent possible on public and private lands through: a. Land development practices that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility and reproductive needs of fish and wildlife; b. Mitigating the loss of habitat elements and functions as a result of development, with priority given to protection over mitigation; c. Preserving and creating linkages between wildlife habitat areas as a key component of parks, open space, and surface water management plans; d. Encouraging land maintenance and management practices that minimize harm to fish and wildlife and the habits upon which they depend; e. Prioritizing the protection and/or restoration of natural resource areas home to rare and endangered species; and f. Implementation of outreach and regulatory programs that identify and remove invasive species that threaten habitat areas. Policy 8: The City shall protect, maintain, and restore the diverse ecological and non-ecological functions and values of streams, wetlands, and associated riparian corridors. Strategies shall include, but not be limited to: a. Compliance with Federal, State and Regional regulations as they apply to streams, wetlands, and associated riparian corridors; and b. Mitigating the loss of wetlands and their associated functions and values as a result of development, with priority given to protection over mitigation; • Attachment "3" c. Protection of riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat; and d. Maintenance and restoration of hydrologic regimes that support fish and wildlife, provide flood control, enable natural recharge of groundwater, and other ecological and community benefits. Policy 9: The City shall continue to protect groundwater from contamination and over-extraction by: a. Working with regional and state agencies to identify and address potential sources of contamination; b. Minimizing the amount of impervious surface area covering the City using flexible approaches that prevents the natural recharge of groundwater aquifers; and c. Supplementing groundwater supplies through alternative sources such as aquifer storage recovery wells and securing a long-term supply of water from sources external to the City. Policy 10: The City shall maintain and utilize a baseline inventory of natural resources through surveys and monitoring. Policy 11: The City shall assist landowners in the protection of natural resources through diverse methods. DRAFT RECOMMENDED ACTION MEASURES Identify and inventory locally significant habitats and plant communities not included in the Nature in Neighborhoods studies. ii. Periodically evaluate natural resource protection and restoration activities in a manner that will measure success and enable further refinement. iii. Inventory and identify small perennial streams for potential regulation and protection. • Attachment "3" iv. Inventory and identify significant forested areas not considered regionally significant habitat. v. Inventory and identify significant scenic views within Tigard and mechanisms for preserving those views.