05/19/2008 - Packet •
° City of Tigard
T I G AR D Planning Commission — Agenda
MEETING DATE: May 19, 2008, 7:00 p:rri.
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.
5.1 CONTINUE DISCUSSION REGARDING GOAL 5 —NATURAL RESOURCES &
HISTORIC AREAS 7:15 p.m.
5.2 POLICY INTEREST TEAM — GOAL 14—URBANIZATION 8:15 p.m
6. OTHER BUSINESS 9:45 pin
7. ADJOURNMENT 9:50 p.m
PLANNING COMMISSION AGENDA— MAY 19, 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
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CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
May 19,2008
1. CALL TO ORDER
President Inman called the meeting to order at 7:04 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 (late), Caffall, Doherty,
Fishel, Muldoon,Vermilyea (late), and Walsh
Commissioners Absent: Hasman
Staff Present: Ron Bunch,Assistant Community Development Director;John Floyd,Associate
Planner; Marissa Daniels,Associate Planner;Doreen Laughlin,Administrative Specialist II
3. COMMUNICATIONS - Commissioner Walsh reported on the City Council meeting
that he had attended regarding trees. He said that Janet Gillis (Tree Board) had spoken and the
things went well.
4. APPROVE MEETING MINUTES
There was a motion by Commissioner Doherty, seconded by Commissioner Walsh, to approve
the May 5, 2008,meeting minutes as submitted. The motion carried as follows:
AYES: Doherty, Inman,Muldoon,Walsh
NAYS: None
ABS'1'ENTIONS: Caffall, Fishel
EXCUSED: Anderson, Hasman,Vermilyea
5. WORKSHOP
5.1 CONTINUE DISCUSSION REGARDING GOAL 5
NATURAL RESOURCES AND HISTORIC AREAS
Associate Planner,John Floyd, presented the staff report on behalf of the City. He advised
the commissioners that this was the second workshop of the Natural Resources and Historic
Areas Chapter. He noted that the handout distributed (Exhibit A) contains existing Policies
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and Implementation Strategies. He asked them to note that the proposed language is more
comprehensive than existing language in the 1983 Comprehensive Plan.
Floyd referred to his memo of May 12, 2008 and attachments (Exhibit B) and asked that the
commissioners note the correspondence from Tualatin Valley Fire and Rescue requesting
• language be included regarding fire sprinklers and their relationship to water quality. He said
staff added Action Measure "xx" [20] in response to their request. He also noted a change
on page 7 —Policy la—he noted that "of Tigard" would be removed.
Floyd noted that staff had summarized the comments of two Policy Interest Team members
[John Frewing& Sue Bielke]. He noted that given the length of the comments at five pages,
and the fact that these comments are not part of the official record as the public hearing had
not been opened, staff recommended the Planning Commission consider them and direct
and questions or concerns to staff as appropriate. Ron Bunch, Assistant Community
Development Director, spoke to the commissioners about the comments from Mr. Frewing
and Ms. Bielke. He noted that, as these policies are more programmatic, this language would
be better used in development code.
At this point, there were comments from the commissioners and questions for staff
regarding Attachment 3 (of Exhibit B):
Commissioner Vermilyea noted that definitions are very important. He said it's important
that they be added in now rather than later. There was a question about the words "protect,
conserve, and restore." They wondered where the word "conserve" was. Floyd noted that
for purposes of flow—protect and conserve are considered same thing. Commissioner
Muldoon questioned the words "where appropriate" on page 7. After much discussion,
there was a straw poll taken and a consensus by the commissioners that "To the extent
feasible" should replace "where appropriate" except in cases where there is a further
qualifier.
There was discussion about using the word "uplands." Floyd said policy 7 speaks to that. He
said this policy would protect and restore habitats. Floyd will speak to Sue Bielke about this
further.
Starting on page six, Goal 5.1 there was a consensus they like the alternative for now, but
would like the definition of"services."
At this point, President Inman went through the goals, policies, and action measures one at a
time and asked the commissioners to comment on any that were of concern to them.
Noted below are the policies and action measures that the commissioners commented on.
[if there was no discussion, so far as the commissioners are concerned, the policies are fine
as is.]
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Policies:
Policy 3: Regarding "green buildings"—are there incentives for green buildings? Bunch
answered: There are no specific incentives at this time however- we have trained motivated staff—perhaps
there will be a tax incentive later—it's programmatic right now— and would tie our hands.
There was much discussion about policy 3 (which will actually be policy 2) as to whether
they liked it as is or whether they like the alternative language. The commissioners took a
straw poll. The consensus was they liked the alternative language.
Policy 8: Vermilyea suggested that they delete or change to "services" the words "and
values."
Policy 10: Change "to" to "and" so it would state, "The City shall periodically update to and
improve its baseline inventory, etc.
Policy 13: "when possible" —change to the feasible language —but feasible needs to be
defined.
Action Measures:
ii. The consensus is the Planning Commission likes the alternative.
vi. Change the word "correct" to "improve."
xiv. Implement outreach—take "of" out.
xviii. Delete the "e" in the misspelled "implemente."
Goal 5.2
Policy 1
Action Measures:
iii. Commissioners would like to change to "Encourage rehabilitation and reuse of historic
buildings." Delete the words "where appropriate."
iv. Delete "where appropriate."
5.2 POLICY INTEREST TEAM—GOAL 14—URBANIZATION
Darren Wyss,Associate Planner, explained that they would be holding the first Policy Interest
Team (PIT) meeting tonight on Goal 14, "Urbanization," and would attempt to get through
the concepts. He said they would go through the packet and look at the language. Wyss asked
if President Inman would like him to be the facilitator or whether she preferred to do it
herself. She deferred to Wyss and he began the discussion on Goal 14.1.
Wyss asked the commissioners whether there were any general questions or comments. There
was a long discussion as to why no citizens were present at such an important discussion.
Wyss said this chapter was advertised in the same way as the others. He said there were PIT
members who had signed up, but no one came to this particular meeting. The suggestion was
made that Assistant Planner, Marissa Daniels, take this to the Committee for Citizen
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Involvement to see if they had any ideas on how else they might get citizens involved in this
section of the Comp Plan. She will do this at the next regularly scheduled CCI meeting.
There was also much discussion as to why it appeared this particular section had so much
"negativity" or at least a "tone" of negativity... such as "We will NOT do this or that." Some
of the commissioners noted that the message could remain the same,but the tone should be
less negative.
One of the commissioners said he's uncomfortable with the "known unknown." He and the
commissioners agreed that they need more information on this issue. They asked whether a
joint worksession with City Council was possible. They were advised that,yes, this would be
possible. After much discussion, the consensus was that they would like to have a joint
worksession with Council as a "fact finding" session—then have another worksession
individually as a Planning Commission.
It was decided that a joint worksession with Council would be scheduled. Assistant Planner,
Marissa Daniels,was asked to get input from the CCI on how to get better citizen involvement
on this topic.
6. OTHER BUSINESS —Commissioner Vermilyea said he had spoken to
Commissioner Hasman and that Hasman supports the letter and would like to add his
name to the list. Doreen Laughlin will sign it on his behalf.
7. ADJOURNMENT
President Inman adjourned the meeting at 9:45pm.
i
Doreen Laughlin;Administra. • Specialist II
Al"1'EST: President Jodie Inman
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• PUB•HEARING ITEM:
The following will be considered by the Tigard Planning
Commission on Monday May 19, 2008 at 7:00 PM at the
Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard,
• COMMUNITY Oregon. Public oral or written testimony is invited. The public
hearin g on this matter will be held under Title 18 and rules of
,1110' NEWSPAPERS procedure adopted by the Council and available at City Hall or
the rules of procedure set forth in Section 18.390.060.E. The
6605 SE Lake Road, Portland,OR 97222• PO Planning Commission's review is for the purpose of making a
recommendation to the City Council on the request. The Council
Box 370•Beaverton, OR 97075 will then hold a public hearing on the request prior to making a
Phone:503-684-0360 Fax:503-620-3433 decision. Further information may be obtained from the City of
Email: Tigard Planning Division (Staff contact: John Floyd) at 13125
legaladvertising @commnewspapers.com SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503-639-4171.
COMPREHENSIVE PLAN AMENDMENT(CPA)2008-00003
-Tigard Comprehensive Plan Update Pertaining to Statewide
AFFIDAVIT OF PUBLICATION Planning Goal 5: Natural Resources and Historic Areas. -
State of Oregon, County of Washington, SS REQUEST: To amend the current Comprehensive Plan to include
goals, policies and recommended action measures to reflect
current community conditions and values relating to Tigard's
I, Charlotte Allsop, being the first duly sworn, Natural Resources and Historic Areas. The complete text of the
depose and say that I am the Accounting proposed Amendment can be viewed on the City's website at http://
Manager of The Times(serving Tigard, www.tigard-or.gov/code_ amendments. LOCATION: Citywide.
•
Tualatin & Sherwood), a newspaper of ZONE: All City Zoning Districts. APPLICABLE REVIEW
general circulation, published at Beaverton, in CRITERIA: Community Development Code Chapters 18.380
the aforesaid county and state, as defined by and 18.390; Comprehensive Plan Chapters Citizen Involvement,
Environmental Quality, Hazards, Public Facilities and Services,
ORS 193.010 and 193.020, that and Natural Features and Open Spaces; Metro Functional Plan
Titles 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, and 11.
City of Tigard Publish 5/1/2008.TT11125.
Notice of Public Hearing
TT11125
A copy of which is hereto annexed,was
published in the entire issue of said
newspaper for .
1
Successive and consecutive weeks in the
following issues
May 1, 2008
C/k0i LOik-
Charlotte Allsop(Accounting Man ger)
Subscribed and sworn to before me this
May 1, 2008
•ok ,
NOTAR ''UBLIC FO R OREGON
My commission expires `-' \ fit. i I I
Acct#10039001
Doreen Laughlin "`~�-`~`.```~�1~~��~��~��
O 0 i'mr, OFFICIAL SEAL
City of Tigard (� SUZETTE I CURRAN
13125 SW Hall Blvd () % ) NOTARY PUBUC-OREGON 1
Tigard, OR 97223 (( `%i‘' COMMISSION NO.422662
1
0 MY COMMISSION EXPIRES NOVEMBER 28,2011 1
Size 2x425
Amount Due 7$0.98
'remit to address above
EXHIBIT A
1111
City of Tigard
TIGARD Memorandum
To: Jodie Inman, President; and members of the Planning Commission
From: John Floyd
Re: Existing Comp Plan Policies and Implementation Measures regarding
Natural and Historical-Cultural Resources
Date: May 19, 2008
The purpose of this memo is to convey a list of existing Comprehensive Plan Policies and
Implementation Measures that are to be removed and replaced by language proposed in CPA2008-
0003.
3.3 NATURAL RESOURCES
3.3.1 THE CITY OF TIGARD SHALL SUPPORT THE EFFORTS OF
WASHINGTON COUNTY BEAVERTON AND THE METROPOLITAN
SERVICE DISTRICT TO ENSURE THE AVAILABILITY OF THE ROCK
MINERAL RESOURCES.
3.4 NATURAL AREAS
3.4.1 THE CITY SHALL DESIGNATE, IN ACCORDANCE WITH GOAL 5,
THE FOLLOWING AS AREAS OF SIGNIFICANT ENVIRONMENTAL
CONCERN.
a. SIGNIFICANT WETLANDS;
b. AREAS HAVING EDUCATIONAL RESEARCH VALUE, SUCH AS
GEOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT LANDS;
AND
c. AREAS VALUED FOR THEIR FRAGILE CHARACTER AS
HABITATS FOR PLANTS, ANIMAL OR AQUATIC LIFE, OR
HAVING ENDANGERED PLANT OR ANIMAL SPECIES OR
SPECIFIC NATURAL FEATURES, VALUED FOR THE NEEI3 TO
PROTECT NATURAL AREAS.
. •
3.4.2 THE CITY SHALL:
a. PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM
CORRIDORS BY MANAGING THE RIPARIAN HABITAT AND
CONTROLLING EROSION AND BY REQUIRING THAT AREAS
OF STANDING TREES AID NATURAL VEGETATION ALONG
NATURAL DRAINAGE COURSES AND WATERWAYS BE
MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE;
b. REQUIRE THAT DEVELOPMENT PROPOSALS IN DESIGNATED
TIMBERED OR TREE AREAS BE REVIEWED THROUGH THE
PLANNED DEVELOPMENT PROCESS TO MINIMIZE THE
NUMBER OF TREES REMOVED;AND
c. REQUIRE CLUSTER TYPE DEVELOPMENT IN AREAS HAVING
IMPORTANT WILDLIFE HABITAT VALUE AS DELINEATED ON
THE "FISH AND WILDLIFE HABITAT MAP" ON FILE AT THE
CITY.
d. ADDRESS GOAL 5 RULE REQUIREMENTS PERTAINING TO
THE PRESERVATION OF WETLANDS ONCE ADEQUATE
INFORMATION ON THE LOCATION UALITY AND
QUANTITY OF WETLAND SITES IS OBTAINE� THIS GOAL 5 5
REVIEW WILL INCLUDE DETERMINING WHICH WETLAND
SITES ARE ECOLOGICALLY AND SCIENTIFICALLY
SIGNIFICANT. CITIZENS WILL PARTICIPATE IN MAKING
POLICY RECOMMENDATIONS FOR THE PROTECTION AND
PRESERVATION OF THOSE WETLAND AREAS DESIGNATED
AS SIGNIFICANT. THE CITY SHALL COMPLETE ITS GOAL 5
REVIEW OF WETLAND AREAS BEFORE THE CITY'S NEXT
PERIODIC REVIEW, BUT NO LATER THAN DECEMBER 23, 1996.
IMPLEMENTATION STRATEGIES
1. The City shall consider the inclusion of an adequate amount of land adjacent to a
floodplain or drainageway for dedication to the City's natural greenway system, which
allows the area to continue to support existing habitats.
2. The City shall encourage, through the Planned Development Process, the retention of
large, varied habitat areas on private and public lands including inventoried plant and
animal communities.
3. The City shall review all development proposals adjacent to wildlife habitat areas to
ensure that adverse impacts on any wildlife habitat areas are minimized and, if need be,
request that other federal, state and local agencies review the development proposals.
4. Where there exist large or unique stands of trees or major vegetation areas within the
planning area on undeveloped land, the City shall ensure that development proposals
do not substantially alter the character of the vegetation areas through the Planned
Development Process and the "Tree Cutting" section of the Community Development
Code.
3.7 HISTORICAL-CULTURAL RESOURCES
3.7.1 THE CITY SHALL IDENTIFY AND PROMOTE THE PRESERVATION
AND PROTECTION OF HISTORICALLY AND CULTURALLY
SIGNIFICANT STRUCTURE, SI'Z'E, OBJECTS AND DISTRICTS WITHIN
TIGARD.
•
IMPLEMENTATION STRATEGIES
1. To preserve the community's history, an index of historic sites shall be developed and
made available to the general public. A program shall be developed to acquire and/or
restore a number of historic structures identified as significant. The City should
consider the renovation of a historic structure as an historic museum or cultural center
and meeting hall such as Durham School,Ye Old Windmill and John Tigard Home.
• • EXHIBIT B
MEMORANDUM
TIGARD
TO: Jodie Inman, President; and members of the Planning Commission
FROM: John Floyd, Associate Planner
RE: Goal 5 —Natural Resources and Historic Areas Workshop on May 19
DATE: May 12, 2008
•
At the May 19 Planning Commission meeting, staff will present revised language for the Natural
Resources and Historic Areas Comprehensive Plan chapter. This meeting is a continuation of the
May 5 Planning Commission workshop being held on the chapter, and precedes the public hearing
tentatively scheduled for June 2, 2008. Please note that the following changes have been made:
1. Textual revisions and alternative language requested by the Commission has been included
in Attachment "1". Please note that deletions are Aftlektltretigh and new language bolded
and underlined.
2. Staff has added Recommended Action Measure "xx" under Goal 5.1 at the request of
Tualatin Valley Fire & Rescue.
3. Definitions are now included in Attachment"2"
4. In order to provide more clarity and respond to the Commission's concerns regarding the
ambiguity of the term "values", staff has made a blanket change to all policies that replaces
with phrase"functions and values"with "functions and services."
5. Comments from John Frewing and Sue Bielke are summarized in a separate memo included
as Attachment "3". Because the Planning Commission is still holding a workshop on the
issue, and the Public Hearing has not yet opened, these comments are not part of the official
record of proceedings; however, the Commission may wish to consider these comments in
light of their participation in the Natural Resource Policy Interest Team meetings.
This meeting gives the Planning Commission the opportunity to ask questions of staff on the
concepts, content, and implications 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
1
•
for a public hearing on May 19. 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 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 johnfle,tigard-or.gov with questions, comments or concerns relating
to this agenda item.
The attached material for this topic includes:
• Draft background information, goals,policies, and recommended action measures
• Draft Definitions for future inclusion in the Comprehensive Plan Glossary
• Comments from John Frewing and Sue Bielke received at the May 5 Planning Commission
Hearing and a meeting with staff on May 9, 2008.
• Email from John K. Dalby, Deputy Fire Marshal II, Tualatin Valley Fire & Rescue, dated
May 7, 2008
• Email from John Frewing dated May 7, 2008
• Email from Sue Bielke dated May 9, 2008
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).
2
• •
Recommended Action Measures
Definition -A statement which outlines a specific City project or standard which, if executed,would
implement goals and policies. Recommended action measures also refer to specific projects,
standards, or courses of action the City desires other jurisdictions to take in regard to specific issues.
• These statements also define the relationship the City desires to have with other jurisdictions and
agencies in implementing Comprehensive Plan goals and policies.
Obligation - Completion of projects, adoption of standards, or the creation of certain relationships
or agreements with other jurisdictions and agencies, will depend on a number of factors such as
citizen priorities, finances, staff availability, etc.
The City should periodically review and prioritize recommended action measures based on current
circumstances, community needs, and the City's goal and policy obligations. These statements are
suggestions to future City decision-makers as ways to implement the goals and policies. The listing
of recommended action measures in the plan does not obligate the City to accomplish them. Neither
do recommended action measures impose obligations on applicants who request amendments or
changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It
may be added to, or amended, as conditions warrant.
3
• •
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 spaces."
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
CPA2008-00003 1 Goal 5
City of Tigard
• •
Attachment "1"
serves as an essential element in controlling runoff and soil erosion, moderating
temperatures, and reducing air pollution.
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
CPA2008-00003 2 Goal 5
City of Tigard
•
• •
Attachment "1"
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.
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
CPA2008-00003 3 Goal 5
City of Tigard
Attachment "1"
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 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
CPA2008-00003 4 Goal 5
City of Tigard
• •
Attachment "1"
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 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."
CPA2008-00003 5 Goal 5
City of Tigard
• • Attachment "1"
• 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. 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 demonatratc a high level of
biediverSity. 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.
ALTERNATIVE: Protect natural resources and the
"s functions and services they provide; and, where possible,
restore natural resources to create naturally functioning
systems and high levels of biodiversity.
Staff Note:As requested at the May 5 meeting, staff has provided alternate
language discussed at the meeting (Alternative I).
CPA2008-00003 6 Goal 5
City of Tigard
• •
Attachment "1"
Policies
1. The City shall protect and, where appropriate, restore natural (1.9-�1¢
resources in a manner that will a variety of methods to:
a. Contribute to the City's scenic quality erf—T-igard.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 services
including fish and wildlife habitat and water quality;and
d. Result in healthy and naturally functioning systems containing
a high level of biodiversity.
Staff Note: The term "values"was replaced with "services"as staff finds the term more concrete
and less subjective while still conveying the same meaning. Staff's research since the May 5 meeting
reveals that the phrases `functions and values" and `functions and services" are used fairly
interchangeably in the surveyed poli y documents. This change has been repeated throughout the
document.
2. The City shall continue to protect and restore natural
resources through a variety of methods. Such methods shall
land management regulations, acquisition of land and
conservation casements, educational outreach, and external
Staff Note: This policy was converted into Action Measure xii.
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 services into the landscape and
infrastructure designs of development projects.
ALTERNATIVE: "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."
Staff Note: Staff has provided both the original text and alternative phrasing as requested by the
Commission on May S.
4. The City shall actively coordinate and consult with
landowners, local stakeholders, and governmental
jurisdictions and agencies in regarding the inventory,
CPA2008-00003 7 Goal 5
City of Tigard
• Attachment "1"
protection, and restoration of natural resources with •
5. The City shall utilize periodic assessments of the effectiveness
of the City's programs and regulatory structures to inform
guide future decisions regarding natural resource protection,
management, and restoration.
6. The City shall utilize incentives or disincentives as appropriate
to prevent discourage property owners from removing or
degrading natural resources prior to application for
development or annexation. •
7. The City shall preserve protect and, where appropriate,
restore riparian and upland habitats for fish and wildlife to the
maximum extent possible on public and private lands
4i:taugh::.
a.Land use regulations and standards that protcct and restore
essential habitat elements that satisfy the food,water, shelter,
b.Land use regulations and standards that mitigate the loss of •
habitat elements and functions as a result of development,
c.Preservation and creation of linkages between wildlife
open space, and surface water management plans;and
areas-
Staff Note: Sections a and d were converted in into new Policies (12 and 13), and sections b and
• c converted into Recommended Action Measures xiii and xiv respectively.
8. The City shall preserve, maintain, protect and, where
appropriate, restore the diverse ecological and non-ecological
functions and values of streams, wetlands, and associated
riparian corridors. .. .. , .. : .. : :
to
a.Compliance with Federal, State and Regional regulations as
they apply to streams, wetlands, and associated riparian
corridors;
and values as a result of development, with priority given to
;
_ e , . - . .... . - . .:.. - . ; .
CPA2008-00003 8 Goal 5
City of Tigard
• •
Attachment "1"
d.Maintenancc and restoration of hydrologic regimes that
support fish and wildlife, provide flood control, enable
natural recharge of groundwater, and other ecological and
ee ens.
Staff Note: Sections a through d were converted into Policy 12 and Recommended Action
Measures xv and xvi.
9. The City shall continue implement measures to protect
groundwater by .
a. Continuing to work with regional and state agencies to
b. Minimizing the amount of impervious surface . area
covering the City that prevents the natural recharge of •
c. Supplementing groundwater extraction with alternative
sources.
Staff Note: Sections a through c were converted in into Policy 12 and Recommended Action
Measures xvii through xix.
10. The City shall periodically update
improve its 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, but not limited
to: education,incentives, planned development standards and
regulations, and conservation easements.
12. The City shall develop and implement standards and
procedures that mitigate the loss of natural resource
functions and services, with priority given to protection
over mitigation.
•
13. The City shall identify, preserve and create linkages
between wildlife habitat areas, when possible, as a key
component of parks, open space, and surface water
management plans.
Recommended Action Measures
i. Identify and inventory locally significant habitats and plant
communities not included in the Nature in Neighborhoods
and Tualatin Basin Natural Resources Coordinating
Committee studies.
CPA2008-00003 9 Goal 5
City of Tigard
• Attachment "1"
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.
ALTERNATIVE: Utilize an active management
approach that seeks to improve natural resource
standards and programs by establishing a measurable
baseline condition and desired end goals, periodically
measuring the success of existing city actions against
those goals, and making corrections as necessary to
improve success.
Staff Note: Staff has provided both the original text and alternative phrasing as requested by the
Commission on May S.
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 identify and make steps to correct the
effectiveness of existing natural resource protections with the
Development code; identify gaps, conflicts, and opportunities
vii. Continue membership and active involvement with nonprofit
and government agencies such as the Tualatin Basin Natural
Resources Coordinating Committee. •
viii. Identify opportunities for, and encourage the use of habitat
teehniques.
ix. Incorporate bioregional conservation strategies, such as those
identified in the Oregon Conservation
Strategy and Clean Water Service's Healthy Streams Plan
into regulations and restoration programs.
CPA2008-00003 10 Goal 5
City of Tigard
• •
Attachment "1"
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 mcchani3ms for stabilizing or reducing surface and
Implement a program to assist the state in identifying
and canceling unused water rights within Tigard for the
purpose of stabilizing or reducing surface and
groundwater diversion and extraction.
Staff Note: At the request of the Commission, staff has revised this Action Measure to more
clearly convey the desires of the Policy Interest Team as expressed to staff.
xii. Protect and restore natural resources through a variety of
methods including, but not limited to: the use of
development and land management regulations and
incentives, acquisition of land and conservation
easements, educational outreach, and external
partnerships.
xiii. 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%
xiv. Implementation outreach and regulatory programs to
identify and remove invasive species that threaten habitat
areas.
xv. Identify and implement measures to protect riparian
vegetation necessary for erosion control, water quality,
and fish and wildlife habitatlar
1
xvi. Identify and implemement measures to maintain and
where possible, restore hydrologic systems and regimes
that support fish and wildlife, provide flood control,
enable natural recharge of groundwater, and other
ecological and community benefits.
xvii. Work with regional and state agencies to identify and
address potential sources of contamination/
xviii. Identify and implement/measures to reduce the amount
of impervious surface area covering the City that prevents
the natural recharge of groundwater aquifers.
CPA2008-00003 11 Goal 5
City of Tigard
Attachment "1"
xix. Supplement or replace groundwater extraction with
alternative sources of water during periods of high
demand.
xx. Encourage the use of automatic sprinkler protection
systems in all buildings to reduce water consumption
during fire-fighting operations and reduce runoff into
adjacent natural resource areas.
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 consider the
. development and implementation of new culturally
significant resources and cooperate with organizations
involved in their protection.
Staff Note: This language was added at the request of the Planning Commission on May 5.
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 12 Goal 5
City of Tigard
• •
Attachment "2"
Related Definitions to Natural Resource Areas
Biodiversity —The full range and variety and variability within and among organisms and
the ecological complexes in which they occur, and encompasses ecosystem or community
diversity, species diversity, and genetic diversity.
Clean Water Services (CWS) —A public utility committed to protecting water resources in the
Tualatin River Watershed through innovative wastewater and stormwater services, flood
management projects,water quality and stream enhancement projects, fish habitat protection, and
more.
Encourage — support, advocate, or take affirmative action to achieve a particular community
objective.
Goal—A general statement indicating a desired end or the direction the City will follow to achieve
that end.
Habitat—An area upon which fish and/or wildlife depends in order to meet their requirements for
food,water,mobility, security, and reproduction.
Healthy Streams Plan—Approved by CWS in June 2005, the goal of the plan is to utilize scientific
knowledge and innovation to improve watershed and stream health for community benefit.
Historic and Cultural Resources —Historic and prehistoric sites, structures, districts,landscapes,
objects, and other evidences of human activities that represent facets of the history, or ongoing
cultural identity, of the Nation, Oregon, and/or Tigard.
Impervious Surface—A solid surface, such as streets,parking lots, and roofs that prevents rain
from being absorbed into the soil, thereby increasing the amount of water runoff that typically
reaches a receiving stream.
Low Impact Development (LID) Practices —An approach to land development that uses various
land use planning and design practices and technologies to simultaneously conserve and protect
natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but
in a cost-effective manner that helps mitigate potential environmental impacts.
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.
Natural Systems —interactive, interrelated, and interdependent elements forming a complex whole
that exists in or is formed by nature. Hydrologic and ecological systems are two examples.
Nature in Neighborhoods Program—A Metro region conservation initiative that brings people
and government together to ensure a healthy urban ecosystem. The initiative will align the region's
conservation programs behind a strategic effort to protect clean water and healthy natural areas for
1
• • Attachment "2"
fish, wildlife and people. It will add more hands-on capacity for conservation education and habitat
restoration.
Policy—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.
Promote — support, advocate, or take affirmative action to achieve a particular community
objective.
Recommended Action Measure —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.
Regionally Significant Habitat—Areas containing significant fish and wildlife habitat as identified
. and periodically updated though the Metro Nature in Neighborhoods Program.
Riparian Corridor—See Stream Corridor
Sensitive Lands —As defined in Chapter 18.775.010.G of the City of Tigard Community
Development Code.
Stream Corridor—Area adjacent to a perennial or intermittent creek or river that protects the water
quality functions of the stream as well as fish and wildlife habitat.
Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner
that enables people to meet their current needs and also provides that future generations can meet
their own needs. Sustainability requires simultaneously meeting environmental, economic and
community needs.
•
Wetland—An area that is inundated or saturated by surface water or groundwater at a frequency or
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
2
• •
Attachment "3"
71
" City of Tigard
TIGARD Memorandum
:.ux .,.,-.n r.....m _•re>r.,._.>.:a,^x+i ..w:.,n..x R ::.•n,,-:,..- rx. < <_.-:,.,.,r :.......,..-.__.,...v: s.._. _ .,,._e_ r.. .�. ..._;usrb.m ar.,.:, ...-.:;.r.�.,
To: Planning Commission
From: John Floyd, Associate Planner
Marissa Daniels, Assistant Planner
Re: Natural Resources Planning Commission Workshop
Date: May 12, 2008
Listed below are two sets of public statements for consideration by the Planning Commission.
While not delivered at a public hearing, and therefore not a part of the official record of
proceedings, the Commission may want to consider their comments in light of their participation in
the Natural Resources Policy Interest Team meetings. Section 1 comprises verbal comments
submitted to the Planning Commission on May 5, 2008. Section 2 comprises additional comments
received by staff by email and at a meeting with John Frewing and Sue Bielke on May 9, 2008.
SECTION 1: PLANNING COMMISSION WORKSHOP OF MAY 5, 2008
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
1
• S Attachment "3"
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 right 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.
• 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 and night light, and al those other good 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.
2
•
Attachment "3"
• The Comprehensive Plan needs a really good glossary so that 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 and 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
• 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. This is a serious issue she deals with a lot.
3
• Attachment "3"
SECTION 2: COURTEOUSY MEETING WITH STAFF ON MAY 9, 2008
John Frewing
• Tigard should utilize the concept of Best Management Practices as a tool for
protecting natural resources
• There should be a check for overlap between this section and other sections of the
Comprehensive Plan
• Staff should brief council on the relationship of this chapter to Title 13 and Metro's
Habitat Protection Model Ordinance
• Both John Frewing and Sue Bielke wanted Policy 5.1.4 to be rewritten to require the
City to "initiate the inventory, protection, and restoration of natural resources..."
rather than the existing language of"actively coordinated...". They feel the phrase
"actively coordinate" is too reactive.
• Wants the matter of Flag Lots addressed.
• Wants to allow citizen enforcement of City regulations through civil judgments, in
much the same manner as the Clean Water Act, that also allows recovery of
enforcement costs incurred by citizens.
• Wants to see a comparison of draft policies with surrounding jurisdictions.
Sue Bielke
• Both John Frewing and Sue Bielke wanted Policy 5.1.4 to be rewritten to require the
City to "initiate the inventory, protection, and restoration of natural resources..."
rather than the existing language of"actively coordinated...". They feel the phrase
"actively coordinate" is too reactive.
• Is concerned that the definition of Low Impact Development does not incorporate
natural resources, wants the definition clarified.
• Wants time to discuss adequacy of Clean Water Service standards as part of this
chapter as they are focused on water quality, not habitat. Wants specific reference to
buffer sizes.
• Wants incentives for private landowners to protect natural resources.
• Wants to adopt a strong environmental program.
• _ Recommends splitting Goal 5.1 into three goals and considers the existing single goal
"lame". Recommends the following language:
• Protect, conserve, and restore natural resources and the environmental and
ecological services they provide
• Protect, conserve, and restore natural resources in order to reach a high level
of biodiversity
• Protect, conserve, and restore plants, platn communities and fish and wildlife
populations considered rare, or on any state and federal species lists as a high
priority.
• Does not recommend deleting Policy 5.1.2
• Policy 5.1.3 needs more work and wants the definition of"sustainable" defined as it
regards natural resources.
4
• •
Attachment "3"
• Recommends several new policies including:
• The City shall create a distinct zone for open space, greenways, etc. in order to
permanently protect all natural resources.
• The City shall place a high priority on the protection, conservation, and
restoration of rare plants and habitats and rare and state and federal fish and
wildlife species listed as "Species of Concern, Sensitive,Threatened, or
Endangered.
• Wants "Hydrologic Regimes" defined.
• Wants Policy 5.1.10 expanded into several policies:
• The City shall conduct surveys of all natural resources in order to establish a
baseline inventory
• The City shall periodically maintain and update the natural resources inventory
through surveys and monitoring efforts.
• The City shall utilize the natural resources inventory to assist with setting goals
and objectives for restoration activities.
• Wants the following Action Measures:
• Conduct surveys and monitoring of all natural resources to establish a baseline
inventory.
• Utilize available documents such as the Oregon Conservation Strategy to help
guide restoration efforts.
• Engage citizens and volunteers to assist with surveys and monitoring.
• Identify opportunities for funding and apply for grants to assist with
restoration efforts.
• Wants to make sure "uplands" are addressed in Policy 8 in addition to Policy 7.
• Wants to exclude pets in open spaces and natural areas like Metro does (pets with.a
leash and on trail areas only would be okay).
• Wants to prohibit trails or any other development action in areas with rare, sensitive,
threatened, and/or endangered species.
• Wants to restrict mowing of native plants.
5
• •
John Floyd
• From: Dalby, John K. [John.Dalby @tvfr.com]
Sent: Wednesday, May 07, 2008 3:54 PM
To: John Floyd
Subject: (CPA)2008-00003 Goal 5: Natural Resources and Historic Areas
Good afternoon Mr. Floyd,
Our comment regarding this update involves the city's endorsement of the fire district's desire to promote
automatic sprinkler protection in all buildings hereinafter constructed.
•
Fires occurring in residential and commercial buildings not protected with automatic sprinklers require a •
significant amount of water to control and extinguish.
Buildings with automatic sprinkler protection do not require such large amounts of water for extinguishment •
when fire occurs.
The runoff from fighting structure fires contaminates adjacent wetlands and waterways.
The runoff from fires in buildings protected with automatic sprinkler systems is comparatively insignificant.
•
ti
How you wordsmith it to fit within the document sent for our review is up to you.
We would be happy to provide additional input should you so desire.
Thanks,
John K. Dalby, Deputy Fire Marshal II
Tualatin Valley Fire & Rescue,North Division
14480 SW Jenkins Road
Beaverton, OR 97005-1152
503-356-4723
r i
. I
1
• .•
• •
John Floyd
From: John Frewing [jfrewing @teleport.comj
Sent: Wednesday, May 07, 2008 3:29 PM •
To: John Floyd
• Cc: Sue Beilke
•
Subject: Frewing Comments of Monday Night Re Natural Resources
John,
I'm rushed for time, but wanted to get to you a summary of my comments Monday night, for discussion Friday at 1PM.
a Include by reference current status, background data and enforcable maps and data which are to be used implementing
policies.
• b Intro notes: rough material tonight, a policy can be specific-it is anything important to city.
c Compare proposed material to current comp plan- new plan should cover/be as conservative as old.
d Concept of sustainable sites should be used--designed to work with natural forces, minimize maintenance.•
e Mandate resource zones (overlays in Ron's words)to protect important natural resources.
• f Don't get rid of the idea of environmental/ecological services and values--they do exist in modern planning
g Either get rid of all qualifiers (maximum possible,where appropriate, etc) or include those favoring nat resource
• protection.
h Add policy to minimize water use, air pollution mechanisms, recycle, minimize noise, night light shine, etc.
i Ad.d reference to LEED encouragement, add action measure to hold classes for citizens, builders.
j Use stronger words than 'coordinate' and 'consult' re nat resource inventory, protection and restor(Policy 5.1-4)
•
k Separate policies on riparian areas and upland areas -- rip areas covered by Tual Basin Plan, upland areas have no
•
enforcable protections because what city adopted last year was voluntary. Adopt METRO model words and later model
ordinance.
I Retain reference to scenic values (Action Measure 5/1-v)for areas outside downtown, eg Bull Mtn views, Cook Park •
• •
vista
m Clarify policy to minimize extraction of ground water by initiating cancellation of unused water rights, etc.
•
John,
A further comment has come to mind in reviewing some other city comp plan policies. Some jursidictions use the concept
•
of
• 'Best Management Practices'. In the policy section, one need now only commit to develop BMPs, but once developed
•
•
• and referenced in code, they are a way of defining with some specificity the actions which city intends that its staff,
•
•
developers and residents should be taking to protect and enhance natural resources.
•
•
•
•
•
•
•
•
•
•
1
• •
Page 1 of 2
• Sue Beilke
•
•
• From: "Sue Beilke" <sbeilke @europa.com>
To: "John Floyd" <Johnfl@tigard-or.gov>; "John Frewing" <jfrewing @teleport.com>
Cc: • "Marissa Daniels" <Marissa @tigard-or.gov>
Sent: Friday, May 09, 2008 8:56 AM
Subject: Re: Meeting: Friday at 1 pm
{
John,
•
Here are some of the recommendations/comments/language changes I proposed at the PC workshop for Natural
Resources.
-Use"Protect, conserve and restore" where we now have"protect and restore"
-omit"where appropriate"from the entire document
-keep in "values"but make sure it is defined in the Definitions section, and include some examples
-For the Goal; we now only have one goal, I think that is"lame"considering the extent of the diversity of natural
•
resources we are addressing. Originally we had at least 5 as I recall. I recommend splitting 5.1 into 3 goals.
5.1: Protect, conserve and restore natural resources and the environmental and ecological services they
provide.
5.2: Protect, conserve and restore natural resources in order to reach a high level of biodiversity.
5.3 Protect, conserve and restore plants, plant communities and fish and wildlife populations considered rare,
or on any state and federal species lists as a high priority.
•
-I do not recommend deleting Policy 2.
•
•
Somewhere in the PC meeting, the chairwoman, said something to the effect that"low impact development does
not include incorporating natural resources"? I need to have that clarified and then that needs to be addressed at
•
the next meeting, as she is very wrong on that one if that is what she said.
. -Policy 3-this needs more work and we really need to define "sustainable"in regard to natural resources. For
example, if you put in several houses near a stream and only have a 50' buffer, this will not overtime"sustain"the
wildlife that live there. That size buffer is too small to"sustain"the birds, mammals and other species that have
inhabitated it for thousands of years.
•
- I recommend adding several new policies; •
•
-Policy-The City shall create a distinct zone for open space, greenways, etc. in order to protect permanently all
natural resources. •
-Policy-The City shall place a high priority on the protection, conservation, and restoration of rare plants and
habitats(e.g.,oak prairie)and rare and state and federal fish and wildlife species listed as"Species of Concern,
Sensitive, Threatened, or Endangered (e.g., Northern red-legged frog, native turtles).
' 1
-Make sure we define"hydrologic regimes".
-Policy 10: I would have several policies covering inventories, etc. 1. The City shall conduct surveys of All
natural resources in order to establish a baseline inventory.
2. The City shall periodically maintain and update the Natural Resources inventory through surveys and
monitoring efforts.
3. The City shall utilize the natural resources inventory to assist with setting goals and objectives for
restoration activities.
Then under these 2 Policies I would add these Action Measures: a. Conduct surveys and monitoring of all natural
• resources to establish a baseline inventory.
b. Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts.
5/9/2008
•
• • rage 2 or 2
•
c. Engage citizens and volunteers to assist with surveys and monitoring. d. Identify opportunities for funding and
•
•
apply for grants to assist with restoration efforts.
•
•
•
We also need to make sure that"uplands"are addressed, such as in Policy 8.
I recommend adopting Metro's Title 13 as John recommended at the workshop, again so that uplands are
protected, etc.
•
-We need to look at the CWS standards that the city has adopted in order to see if they are adequate in
protecting our natural resources, since CWS standards and regs. are set up to only address"water quality". I
• think it would then be in order to establish several goals and policies that address buffers, etc. in order to further
protection for habitats and fish and wildlife.
r
See you at 1 PM. _ 1\)c) �� �� )�•
•
•
Ad 6,
Sue • > ___
9
---Original Message ---- Z, A)D 4veig r g o✓ or rte✓ 0,{4,v, 7t..•
From: John Floyd
To: 'sbeilke @europa.com' ; 'John Frewing' , ciLC�-� w� w•
•
r •
Cc: Marissa Daniels; Ron Bunch �
Sent: Tuesday, May 06, 2008 3:03 PM
Subject: Meeting: Friday at 1pm \
3 ) No o 1-5)^-,5 cf h.L.�h i-,-, �3 .
Hello Sue and John, / _off
come Friday at 1 pm seems to work for all of use. I'll go ahead and reserve ry a room, just com to the front
'i
counter and ask for me.
If you could , please forward me (and each other if you haven't already) any comments you have
ahead of time. If you don't mind, Marissa Daniels would like to attend the meeting as well.
Thanks,
•
John
John Floyd
City of Tigard
• • Associate Planner
21 Community Development
•
' ® - (503)713-2429
•
•
johnfttigard-or.g ov•
13125 SW Hall Blvd.
•
Tigard, OR 97223
•
•
•
•
•
•
•
5/9/2008
•
Tigard panning Commission toll Call
Hearing/Workshop Date: 5 -
Starting Time: -1',00(�
COMMISSIONERS: Jodie Inman (President)
Tom Anderson -V )
Rex Caffall
Margaret Doherty
VKaren Fishel
Stuart Hasman
VMatthew Muldoon
Jeremy Vermilyea (�Ak t�
David Walsh
STAFF PRESENT:
Dick Bewersdorff Tom Coffee
Gary Pagenstecher ki Ron Bunch
Cheryl Gaines t/ John Floyd
Emily Eng Duane Roberts
Kim McMillan Sean Farrelly
Gus Duenas ✓ Darren Wyss
Phil Nachbar Marissa Daniels
Todd Prager
• •
Api..„011/4.0%. ilfs,
ig k
TIGARD 2C27
TO: Jodie Inman, President; and members of the Planning Commission
FROM: John Floyd, Associate Planner
RE: Goal 5 —Natural Resources and Historic Areas Workshop on May 19
DATE: May 12, 2008
At the May 19 Planning Commission meeting, staff will present revised language for the Natural
Resources and Historic Areas Comprehensive Plan chapter. This meeting is a continuation of the
May 5 Planning Commission workshop being held on the chapter, and precedes the public hearing
tentatively scheduled for June 2, 2008. Please note that the following changes have been made:
1. Textual revisions and alternative language requested by the Commission has been included
in Attachment "1". Please note that deletions are stmektltretigh and new language bolded
and underlined.
2. Staff has added Recommended Action Measure "xx" under Goal 5.1 at the request of
Tualatin Valley Fire&Rescue.
3. Definitions are now included in Attachment"2"
4. In order to provide more clarity and respond to the Commission's concerns regarding the
ambiguity of the term "values", staff has made a blanket change to all policies that replaces
with phrase "functions and values"with "functions and services."
5. Comments from John Frewing and Sue Bielke are summarized in a separate memo included
as Attachment "3". Because the Planning Commission is still holding a workshop on the
issue, and the Public Hearing has not yet opened, these comments are not part of the official
record of proceedings; however, the Commission may wish to consider these comments in
light of their participation in the Natural Resource Policy Interest Team meetings.
This meeting gives the Planning Commission the opportunity to ask questions of staff on the
concepts, content, and implications 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
1
• •
for a public hearing on May 19. 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 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 johnfle,tigard-or.gov with questions, comments or concerns relating
to this agenda item.
The attached material for this topic includes:
• Draft background information,goals,policies, and recommended action measures
• Draft Definitions for future inclusion in the Comprehensive Plan Glossary
• Comments from John Frewing and Sue Bielke received at the May 5 Planning Commission
Hearing and a meeting with staff on May 9, 2008.
• Email from John K. Dalby, Deputy Fire Marshal II, Tualatin Valley Fire & Rescue, dated
May 7, 2008
• Email from John Frewing dated May 7,2008
• Email from Sue Bielke dated May 9,2008
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).
2
• •
Recommended Action Measures
Definition -A statement which outlines a specific City project or standard which, if executed,would
implement goals and policies. Recommended action measures also refer to specific projects,
standards, or courses of action the City desires other jurisdictions to take in regard to specific issues.
These statements also define the relationship the City desires to have with other jurisdictions and
agencies in implementing Comprehensive Plan goals and policies.
Obligation - Completion of projects, adoption of standards, or the creation of certain relationships
or agreements with other jurisdictions and agencies, will depend on a number of factors such as
citizen priorities, finances,staff availability,etc.
The City should periodically review and prioritize recommended action measures based on current
circumstances, community needs, and the City's goal and policy obligations. These statements are
suggestions to future City decision-makers as ways to implement the goals and policies. The listing
of recommended action measures in the plan does not obligate the City to accomplish them. Neither
do recommended action measures impose obligations on applicants who request amendments or
changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It
may be added to, or amended, as conditions warrant.
3
• S
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 spaces."
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
CPA2008-00003 I Goal 5
City of Tigard
• •
Attachment "1"
serves as an essential element in controlling runoff and soil erosion, moderating
temperatures, and reducing air pollution.
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
CPA2008-00003 2 Goal 5
City of Tigard
• •
Attachment "1"
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.
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
CPA2008-00003 3 Goal 5
City of Tigard
• •
Attachment "1"
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 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 Gune 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
CPA2008-00003 4 Goal 5
City of Tigard
• •
Attachment "1"
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 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."
CPA2008-00003 5 Goal 5
City of Tigard
• •
Attachment "1"
• 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. 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 : .. . . : . _.
and ecological 3crviccs they provide, through naturally
functioning systcm3 that demonstrate a high level of
biediversity. 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.
ALTERNATIVE: Protect natural resources and the
functions and services they provide; and, where possible,
restore natural resources to create naturally functioning
systems and high levels of biodiversity.
Staff Note:As requested at the May 5 meeting, staff has provided alternate
language discussed at the meeting(Alternative 1).
CPA2008-00003 6 Goal 5
City of Tigard
• •
Attachment "1"
Policies
1. The City shall protect and, where appropriate, restore natural
resources in a variety of methods to:
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 services
including fish and wildlife habitat and water quality;and
d. Result in healthy and naturally functioning systems containing
a high level of biodiversity.
Staff Note: The term "values"was replaced with "services"as staff finds the term more concrete
and less subjective while still conveying the same meaning. Staffs research since the May 5 meeting
reveals that the phrases `functions and values" and `functions and services" are used fairly
interchangeably in the surveyed policy documents. This change has been repeated throughout the
document.
2. The City shall continuc to protcct and restore natural
resources through a variety of methoda. Such method3 Shall
include, but not be limited to, the u3e of development and
land management rcgulation3, acqui3ition of land and
Staff Note: This policy was converted into Action Measure xii.
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 services into the landscape and
infrastructure designs of development projects.
ALTERNATIVE: "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."
Staff Note: Staff has provided both the original text and alternative phrasing as requested by the
Commission on May 5.
4. The City shall actively coordinate and consult with
landowners, local stakeholders, and governmental
jurisdictions and agencies in regarding the inventory,
CPA2008-00003 7 Goal 5
City of Tigard
• •
Attachment "1"
protection, and restoration of natural resources with
5. The City shall utilize periodic assessments of the effectiveness
of the City's programs and regulatory structures to inform
guide future decisions regarding natural resource protection,
management, and restoration.
6. The City shall utilize incentives or disincentives as appropriate
to prevent discourage property owners from removing or
degrading natural resources prior to application for
development or annexation.
7. The City shall preserve protect and, where appropriate,
restore riparian and upland habitats for fish and wildlife to the
maximum extent possible on public and private lands
through;.
mobility, and reproductive needs of fish and wildlife;
b.Land use regulations and standards that mitigate the loan of
habitat elements and functions an a result of development,
c.Preservation and creation of linkages between wildlife
open space, and surface water management plans;and
identify and remove invasive species that threaten habitat
areas.
Staff Note: Sections a and d were converted in into new Policies (12 and 13), and sections b and
c converted into Recommended Action Measures xiii and xiv respectively.
8. The City shall preserve, maintain, protect and, where
appropriate, restore the diverse ecological and non-ecological
functions and values of streams, wetlands, and associated
riparian corridors. Strategies shall include, but not be limited
they apply to streams, wetlands, and associated riparian
eat-riders;
and values as a result of development, with priority given to
protection over mitigation;
c.Protection of riparian vegetation accessary for erosion
CPA2008-00003 8 Goal 5
City of Tigard
•
Attachment "1"
d.Maintcnancc and restoration of hydrologic regimes that
support fish and wildlife, provide flood control, enable
Staff Note: Sections a through d were converted into Policy 12 and Recommended Action
Measures xv and xvi.
9. The City shall eentinue implement measures to protect
groundwater br.
a. Continuing to work with regional and 3tatc agcncic3 to
b. Minimizing the amount of impervious 3urfacc arca
covering the City that prevents the natural recharge of
c. Supplementing groundwater extraction with alternative
sources.
Staff Note: Sections a through c were converted in into Policy 12 and Recommended Action
Measures xvii through xix.
10. The City shall periodically update to
improve its 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,but not limited
to: education,incentives, planned development standards and
regulations, and conservation easements.
12. The City shall develop and implement standards and
procedures that mitigate the loss of natural resource
functions and services, with priority given to protection
over mitigation.
13. The City shall identify, preserve and create linkages
between wildlife habitat areas, when possible, as a key
component of parks, open space, and surface water
management plans.
Recommended Action Measures
i. Identify and inventory locally significant habitats and plant
communities not included in the Nature in Neighborhoods
and Tualatin Basin Natural Resources Coordinating
Committee studies.
CPA2008-00003 9 Goal 5
City of Tigard
•
Attachment "1"
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.
ALTERNATIVE: Utilize an active management
approach that seeks to improve natural resource
standards and programs by establishing a measurable
baseline condition and desired end goals, periodically
measuring the success of existing city actions against
those goals, and making corrections as necessary to
improve success.
Staff Note: Staff has provided both the original text and alternative phrasing as requested by the
Commission on May 5.
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 dcmon3trating high scenic quality,
and implement mechanisms for pre3crving, maintaining
vi. Periodically evaluate identify and make steps to correct the
effectiveness of existing natural resource protections with the
Development cod-; •: - : -• :-, : - °• •, : :
for enhancement.
vii. Continue membership and active involvement with nonprofit
and government agencies such as the Tualatin Basin Natural
Resources Coordinating Committee.
viii. Identify opportunities for, and encourage the u3c of, habitat
ix. Incorporate bioregional conservation strategies, such as those
identified in the Oregon Biodivcrsity Project Conservation
Strategy and Clean Water Service's Healthy Streams Plan
into regulations and restoration programs.
CPA2008-00003 10 Goal 5
City of Tigard
• •
Attachment "1"
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.
Implement a program to assist the state in identifying
and canceling unused water rights within Tigard for the
purpose of stabilizing or reducing surface and
groundwater diversion and extraction.
Staff Note: At the request of the Commission, staff has wised this Action Measure to more
clearly convey the desires of the Policy Interest Team as expressed to staff.
xii. Protect and restore natural resources through a variety of
methods including, but not limited to: the use of
development and land management regulations and
incentives, acquisition of land and conservation
easements, educational outreach, and external
partnerships.
xiii. 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;
xiv. Implementation of outreach and regulatory programs to
identify and remove invasive species that threaten habitat
areas.
xv. Identify and implement measures to protect riparian
vegetation necessary for erosion control, water quality,
and fish and wildlife habitat; and
xvi. Identify and implemement measures to maintain and
where possible, restore hydrologic systems and regimes
that support fish and wildlife, provide flood control,
enable natural recharge of groundwater, and other
ecological and community benefits.
xvii. Work with regional and state agencies to identify and
address potential sources of contamination;
xviii. Identify and implemente measures to reduce the amount
of impervious surface area covering the City that prevents
the natural recharge of groundwater aquifers.
CPA2008-00003 11 Goal 5
City of Tigard
•
Attachment "1"
xix. Supplement or replace groundwater extraction with
alternative sources of water during periods of high
demand.
xx. Encourage the use of automatic sprinkler protection
systems in all buildings to reduce water consumption
during fire-fighting operations and reduce runoff into
adjacent natural resource areas.
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 consider the
development and implementation of new culturally
significant resources and cooperate with organizations
involved in their protection.
Staff Note: This language was added at the request of the Planning Commission on May S.
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 12 Goal 5
City of Tigard
• •
Attachment "2"
Related Definitions to Natural Resource Areas
Biodiversity—The full range and variety and variability within and among organisms and
the ecological complexes in which they occur, and encompasses ecosystem or community
diversity, species diversity, and genetic diversity.
Clean Water Services (CWS) —A public utility committed to protecting water resources in the
Tualatin River Watershed through innovative wastewater and stormwater services, flood
management projects,water quality and stream enhancement projects, fish habitat protection, and
more.
Encourage—support, advocate, or take affirmative action to achieve a particular community
objective.
Goal—A general statement indicating a desired end or the direction the City will follow to achieve
that end.
Habitat—An area upon which fish and/or wildlife depends in order to meet their requirements for
food,water,mobility, security, and reproduction.
Healthy Streams Plan—Approved by CWS in June 2005, the goal of the plan is to utilize scientific
knowledge and innovation to improve watershed and stream health for community benefit.
Historic and Cultural Resources—Historic and prehistoric sites, structures, districts,landscapes,
objects, and other evidences of human activities that represent facets of the history, or ongoing
cultural identity, of the Nation, Oregon, and/or Tigard.
Impervious Surface—A solid surface, such as streets,parking lots, and roofs that prevents rain
from being absorbed into the soil, thereby increasing the amount of water runoff that typically
reaches a receiving stream.
Low Impact Development (LID) Practices —An approach to land development that uses various
land use planning and design practices and technologies to simultaneously conserve and protect
natural resource systems and reduce infrastructure costs.LID still allows land to be developed, but
in a cost-effective manner that helps mitigate potential environmental impacts.
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.
Natural Systems —interactive,interrelated, and interdependent elements forming a complex whole
that exists in or is formed by nature. Hydrologic and ecological systems are two examples.
Nature in Neighborhoods Program—A Metro region conservation initiative that brings people
and government together to ensure a healthy urban ecosystem. The initiative will align the region's
conservation programs behind a strategic effort to protect clean water and healthy natural areas for
1
• •
Attachment "2"
fish,wildlife and people. It will add more hands-on capacity for conservation education and habitat
restoration.
Policy—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.
Promote—support, advocate, or take affirmative action to achieve a particular community
objective.
Recommended Action Measure—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.
Regionally Significant Habitat—Areas containing significant fish and wildlife habitat as identified
and periodically updated though the Metro Nature in Neighborhoods Program.
Riparian Corridor—See Stream Corridor
Sensitive Lands —As defined in Chapter 18.775.010.G of the City of Tigard Community
Development Code.
Stream Corridor—Area adjacent to a perennial or intermittent creek or river that protects the water
quality functions of the stream as well as fish and wildlife habitat.
Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner
that enables people to meet their current needs and also provides that future generations can meet
their own needs. Sustainability requires simultaneously meeting environmental, economic and
community needs.
Wetland—An area that is inundated or saturated by surface water or groundwater at a frequency or
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
2
•
Attachment "3"
IIIIICity of Tigard
TIGARD Memorandum
To: Planning Commission
From: John Floyd, Associate Planner
Marissa Daniels, Assistant Planner
Re: Natural Resources Planning Commission Workshop
Date: May 12, 2008
Listed below are two sets of public statements for consideration by the Planning Commission.
While not delivered at a public hearing, and therefore not a part of the official record of
proceedings, the Commission may want to consider their comments in light of their participation in
the Natural Resources Policy Interest Team meetings. Section 1 comprises verbal comments
submitted to the Planning Commission on May 5, 2008. Section 2 comprises additional comments
received by staff by email and at a meeting with John Frewing and Sue Bielke on May 9, 2008.
SECTION 1: PLANNING COMMISSION WORKSHOP OF MAY 5, 2008
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
1
• •
Attachment "3"
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 right 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.
• 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 and night light, and al those other good 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.
2
•
Attachment "3"
• The Comprehensive Plan needs a really good glossary so that 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 and 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
• 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 Tide 13. The CWS standards set up to
protect water quality, not habitat. This is a serious issue she deals with a lot.
3
• i
Attachment "3"
SECTION 2: COURTEOUSY MEETING WITH STAFF ON MAY 9, 2008
John Frewing
• Tigard should utilize the concept of Best Management Practices as a tool for
protecting natural resources
• There should be a check for overlap between this section and other sections of the
Comprehensive Plan
• Staff should brief council on the relationship of this chapter to Title 13 and Metro's
Habitat Protection Model Ordinance
• Both John Frewing and Sue Bielke wanted Policy 5.1.4 to be rewritten to require the
City to "initiate the inventory, protection, and restoration of natural resources..."
rather than the existing language of"actively coordinated...". They feel the phrase
"actively coordinate" is too reactive.
• Wants the matter of Flag Lots addressed.
• Wants to allow citizen enforcement of City regulations through civil judgments, in
much the same manner as the Clean Water Act, that also allows recovery of
enforcement costs incurred by citizens.
• Wants to see a comparison of draft policies with surrounding jurisdictions.
Sue Bielke
• Both John Frewing and Sue Bielke wanted Policy 5.1.4 to be rewritten to require the
City to "initiate the inventory, protection, and restoration of natural resources..."
rather than the existing language of"actively coordinated...". They feel the phrase
"actively coordinate" is too reactive.
• Is concerned that the definition of Low Impact Development does not incorporate
natural resources, wants the definition clarified.
• Wants time to discuss adequacy of Clean Water Service standards as part of this
chapter as they are focused on water quality, not habitat. Wants specific reference to
buffer sizes.
• Wants incentives for private landowners to protect natural resources.
• Wants to adopt a strong environmental program.
• Recommends splitting Goal 5.1 into three goals and considers the existing single goal
"lame". Recommends the following language:
• Protect, conserve, and restore natural resources and the environmental and
ecological services they provide
• Protect, conserve, and restore natural resources in order to reach a high level
of biodiversity
• Protect, conserve, and restore plants, platn communities and fish and wildlife
populations considered rare, or on any state and federal species lists as a high
priority.
• Does not recommend deleting Policy 5.1.2
• Policy 5.1.3 needs more work and wants the definition of"sustainable" defined as it
regards natural resources.
4
• •
Attachment "3"
• Recommends several new policies including:
• The City shall create a distinct zone for open space, greenways, etc. in order to
permanently protect all natural resources.
• The City shall place a high priority on the protection, conservation, and
restoration of rare plants and habitats and rare and state and federal fish and
wildlife species listed as "Species of Concern, Sensitive, Threatened, or
Endangered.
• Wants "Hydrologic Regimes" defined.
• Wants Policy 5.1.10 expanded into several policies:
• The City shall conduct surveys of all natural resources in order to establish a
baseline inventory
• The City shall periodically maintain and update the natural resources inventory
through surveys and monitoring efforts.
• The City shall utilize the natural resources inventory to assist with setting goals
and objectives for restoration activities.
• Wants the following Action Measures:
• Conduct surveys and monitoring of all natural resources to establish a baseline
inventory.
• Utilize available documents such as the Oregon Conservation Strategy to help
guide restoration efforts.
• Engage citizens and volunteers to assist with surveys and monitoring.
• Identify opportunities for funding and apply for grants to assist with
restoration efforts.
• Wants to make sure "uplands" are addressed in Policy 8 in addition to Policy 7.
• Wants to exclude pets in open spaces and natural areas like Metro does (pets with a
leash and on trail areas only would be okay).
• Wants to prohibit trails or any other development action in areas with rare, sensitive,
threatened, and/or endangered species.
• Wants to restrict mowing of native plants.
5
• •
John Floyd
From: Dalby, John K. [John.Dalby @tvfr.com)
Sent: Wednesday, May 07, 2008 3:54 PM
To: John Floyd
Subject: (CPA)2008-00003 Goal 5: Natural Resources and Historic Areas
Good afternoon Mr. Floyd,
Our comment regarding this update involves the city's endorsement of the fire district's desire to promote
automatic sprinkler protection in all buildings hereinafter constructed.
Fires occurring in residential and commercial buildings not protected with automatic sprinklers require a •
significant amount of water to control and extinguish.
Buildings with automatic sprinkler protection do not require such large amounts of water for extinguishment
when fire occurs.
The runoff from fighting structure fires contaminates adjacent wetlands and waterways.
The runoff from fires in buildings protected with automatic sprinkler systems is comparatively insignificant.
How you wordsmith it to fit within the document sent for our review is up to you.
We would be happy to provide additional input should you so desire.
Thanks,
John K. Dalby, Deputy Fire Marshal II
Tualatin Valley Fire& Rescue,North Division
14480 SW Jenkins Road
Beaverton, OR 97005-1152
503-356-4723
•
1 i
• •
John Floyd
From: John Frewing [jfrewing @teleport.com]
Sent: Wednesday, May 07, 2008 3:29 PM
To: John Floyd
•
Cc: Sue Beilke
Subject: Frewing Comments of Monday Night Re Natural Resources
John,
I'm rushed for time, but wanted to get to you a summary of my comments Monday night, for discussion Friday at 1PM.
a Include by reference current status, background data and enforcable maps and data which are to be used implementing
policies.
b Intro notes: rough material tonight, a policy can be specific-it is anything important to city.
c Compare proposed material to current comp plan-new plan should cover/be as conservative as old.
•
d Concept of sustainable sites should be used--designed to work with natural forces, minimize maintenance.
e Mandate resource zones (overlays in Ron's words)to protect important natural resources.
f Don't get rid of the idea of environmental/ecological services and values--they do exist in modern planning
g Either get rid of all qualifiers (maximum possible, where appropriate, etc)or include those favoring nat resource
protection.
h Add policy to minimize water use, air pollution mechanisms, recycle, minimize noise, night light shine, etc.
i Add reference to LEED encouragement, add action measure to hold classes for citizens, builders.
j Use stronger words than 'coordinate' and 'consult' re nat resource inventory, protection and restor(Policy 5.1-4)
k Separate policies on riparian areas and upland areas--rip areas covered by Tual Basin Plan, upland areas have no
enforcable protections because what city adopted last year was voluntary. Adopt METRO model words and later model
ordinance.
I Retain reference to scenic values(Action Measure 5/1-v)for areas outside downtown, eg Bull Mtn views, Cook Park
vista
m Clarify policy to minimize extraction of ground water by initiating cancellation of unused water rights, etc.
John,
A further comment has come to mind in reviewing some other city comp plan policies. Some jursidictions use the concept
of
'Best Management Practices'. In the policy section, one need now only commit to develop BMPs, but once developed
and referenced in code, they are a way of defining with some specificity the actions which city intends that its staff,
developers and residents should be taking to protect and enhance natural resources.
•
•
1
Page 1 012
•
Sue Beilke
From: "Sue Beilke" <sbeilke @europa.com>
To: "John Floyd"<Johnfl @tigard-or.gov>; "John Frewing <jfrewing @teleport.com>
Cc: • "Marissa Daniels"<Marissa @tigard-or.gov>
Sent: Friday, May 09, 2008 8:56 AM
Subject: Re: Meeting: Friday at 1pm
John,
•
Here are some of the recommendations/comments/language changes I proposed at the PC workshop for Natural
Resources.
-Use"Protect, conserve and restore" where we now have"protect and restore"
-omit"where appropriate"from the entire document
-keep in "values"but make sure it is defined in the Definitions section, and include some examples
-For the Goal;we now only have one goal, I think that is"lame"considering the extent of the diversity of natural
resources we are addressing. Originally we had at least 5 as I recall. I recommend splitting 5.1 into 3 goals.
5.1: Protect, conserve and restore natural resources and the environmental and ecological services they
provide.
5.2: Protect, conserve and restore natural resources in order to reach a high level of biodiversity.
5.3 Protect, conserve and restore plants, plant communities and fish and wildlife populations considered rare,
or on any state and federal species lists as a high priority.
-I do not recommend deleting Policy 2.
•
Somewhere in the PC meeting, the chairwoman, said something to the effect that"low impact development does
not include incorporating natural resources"? I need to have that clarified and then that needs to be addressed at
the next meeting, as she is very wrong on that one if that is what she said.
• -Policy 3-this needs more work and we really need to define"sustainable"in regard to natural resources. For •
example, if you put in several houses near a stream and only have a 50' buffer, this will not overtime"sustain"the
wildlife that live there. That size buffer is too small to"sustain"the birds, mammals and other species that have
inhabitated it for thousands of years.
•
-I recommend adding several new policies;
-Policy-The City shall create a distinct zone for open space, greenways, etc. in order to protect permanently all
natural resources.
-Policy-The City shall place a high priority on the protection, conservation, and restoration of rare plants and
habitats(e.g., oak prairie)and rare and state and federal fish and wildlife species listed as"Species of Concern,
Sensitive, Threatened, or Endangered(e.g., Northern red-legged frog, native turtles).
-Make sure we define"hydrologic regimes".
-Policy 10: I would have several policies covering inventories, etc. 1. The City shall conduct surveys of All
•
natural resources in order to establish a baseline inventory.
2. The City shall periodically maintain and update the Natural Resources inventory through surveys and
monitoring efforts.
3. The City shall utilize the natural resources inventory to assist with setting goals and objectives for
•
restoration activities. •
• Then under these 2 Policies I would add these Action Measures: a. Conduct surveys and monitoring of all natural
resources to establish a baseline inventory. • -
b. Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts.
5/9/2008
• • rage 2or2
•
•
c. Engage citizens and volunteers to assist with surveys and monitoring. d. Identify opportunities for funding and
apply for grants to assist with restoration efforts. •
• We also need to make sure that"uplands"are addressed, such as in Policy 8.
I recommend adopting Metro's Title 13 as John recommended at the workshop, again so that uplands are
•
• protected, etc.
-We need to look at the CWS standards that the city has adopted in order to see if they are adequate in
protecting our natural resources, since CWS standards and regs. are set up to only address"water quality". I
• think it would then be in order to establish several goals and policies that address buffers, etc. in order to further
protection for habitats and fish and wildlife.
•
See you at 1PM. Pa I s C
Sue d _ U p-eh 1-1 '
Ch/LALALW al04.7
9
•
---Original Message---- D 41•41 04/1 d C
From: John Floyd a am✓ ✓ �c T•
To: 'sbeilkeOeuropa.com'; 'John Frewing' I „� c,^�� I-47 f,�
Cc: Marissa Daniels; Ron Bunch , w •
Sent: Tuesday, May 06, 2008 3:03 PM
Subject: Meeting: Friday at 1pm f
)
3 ) No w,a s,.� h.t.� 14_9, p t
Hello Sue and John, /
Friday at 1 pm seems to work for all of use. I'll go ahead and reserve a room, just come to the front
counter and ask for me.
If you could , please forward me (and each other if you haven't already) any comments you have
ahead of time. If you don't mind, Marissa Daniels would like to attend the meeting as well.
Thanks,
i
John
John Floyd
City of Tigard
Associate Planner
Community Development
® (503)718-2429
johnfl tZtigard-or.gov•
13125 SW Hall Blvd. •
Tigard,OR 97223
•
•
•
•
•
5/9/2008
• •
rNyfac, Ike r- -S•
6uCI_ tm "), MEMORANDUM
TIGARD 2027
TO: Planning Commission, Urbanization Policy Interest Team
FROM: Darren Wyss, Associate Planner
RE: Urbanization Policy Interest Team Meeting
DATE: May 12, 2008
On Monday, May 19th, the Planning Commission will host the first Policy Interest Team
meeting relating to Statewide Planning Goal 14: Urbanization. Policy Interest Team
members have been notified and will work in collaboration with the Commission to review,
edit, and finalize draft goals, policies, and recommended action measures that will be taken
through the legislative process. The Commission previously acted as the host for the Land
Use chapter and based on the feedback received during that process, staff will not utilize the
building block exercise, but will present draft language with commentary. This draft
language is based on current state and regional conditions, as well as the City's current policy
position. The draft language is found in Attachment 1.
Staff has also provided Statewide Planning Goal 14 language (Attachment 2), a map showing
Tigard's planning boundaries (Attachment 3), and annexation rules/positions (Attachment 4)
to give everyone more information relating to the draft language.
The focus of this first meeting will be to concentrate on the intent/commentary of the draft
language and not to make specific edits. Staff will be looking for consensus on the intent
and will then use the second meeting to edit the language.
If you have any questions, please be sure to contact me at darren @tigard-or.gov or 503-718-
2442. See you on Monday the 19th.
1
• • Attachment 1
Policy Interest Team Meeting #1
Urbanization
Goal:
14.1. Ensure Tigard's interests are represented and promoted in urban growth boundary
expansion and other regional and state growth management decision.
Goal 14.1 Commentary:
The City wants access and representation in decisions regarding expansion and growth in the
region; essentially our due process rights as a member community must be preserved and
used. In addition,Washington County and the state are involved as it pertains to the Urban
Reserve and Rural Reserve issues. They must not make decisions in isolation that affect
Tigard. The City must have a seat at the table during the decision-making process.
For example, urbanization decisions on new UGB lands can have profound impacts on
Tigard's Transportation System; negatively affect the City's ability to redevelop its
Downtown and Highway 99W Corridor; and further burden City services through
unincorporated urban development
Policies:
1. The City shall support Metro and state growth management decisions, to the extent
they support cities as the best building blocks of an efficient, stable, and compact
urban region.
Policy 1 Commentary:
Over the years,in addition to the management of the Urban Growth Boundary (UGB),
Metro has become much more involved in other growth management decisions. These are
related to the development of a compact urban form, efficient/effective use of
infrastructure, natural resource protections, transportation planning, focusing development
in centers, corridors, employment lands, etc. The City has agreed with and been involved in
the implementation of these principles and needs to continue to be engaged in the regional
and state political/growth management discussions. One issue the City has a pressing
interest in is the urban level unincorporated development that has taken place in the region,
some of which abuts the City's boundaries. The City's position is that cities are better suited
to provide urban services. The taxing structures of counties and cities are set up to make
cities better suited to provide urban services and implement regional growth management
principles. However, this has not stemmed continued unincorporated urban growth.
Addressing this issue is important to not only the City of Tigard, but to the region as a
whole.
Draft Language 1 Goal 14
PIT Meeting#1 5/12/2008
• •
2. The City's support of regional Urban Growth Boundary management decisions shall
consider if these actions prevent future unincorporated urban development, prevents
urban sprawl, and promotes the development of an efficient and compact urban
form.
Policy 2 Commentary:
One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands,
and promote the coordinated and logical provision of public facilities and services is the
• urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth
Boundary (UGB),where Metro has the responsibility for establishing and managing the
UGB in order to accommodate urban growth in the region for the next 20 years. Existing
unincorporated urban development presents a problem when UGB expansion is proposed
as it may block a city's ability to expand and provide services to new UGB areas. This
undermines the position of the region's cities as the best building blocks of an efficient,
stable, and compact urban region.
3. The City shall maintain the low-density residential character of its existing single
family residential neighborhoods and accommodate more intense urban land uses in
its regional and town centers and within major transportation corridors.
•
Policy 3 Commentary:
The City and its residents would like to protect existing single-family neighborhoods to
retain the low density residential character of much of the community. Seventy percent of
Tigard is zoned residential,with low density zoning (7500 square foot minimum lot size or
greater) occupying 41.5% of City land. In order for the community to retain this character, a
need exists to accommodate more intense urban land uses within its town and regional
centers and major transportation corridors.
Metro has designated Washington Square as one of nine Regional Centers;all having
connections via high-capacity transit and highways. Town Centers (Tigard Downtown) are
intended to be a principal center of urban life,while corridors (99W and Hall Blvd) are
intended to feature a high-quality pedestrian environment, convenient access to transit, and
somewhat higher than current densities.
4. The City shall not provide municipal services outside its city limits.
Policy 4 Commentary:
City residents pay City taxes,while residents living in unincorporated urban developments
do not pay City taxes. Based on the principle of equity,Tigard residents should not
subsidize services provided outside of the municipal boundary. This includes the
maintenance of infrastructure, the provision of staff services, and infrastructure capital
improvements.
Draft Language 2 Goal 14
PIT Meeting#1 5/12/2008
• •
5. The City shall not support the formation or expansion of service districts or special
county funding levies if these actions result in the expansion/or intensification of
unincorporated urban areas.
Policy 5 Commentary:
Expansion and formation of service districts and special levies support unincorporated
urbanization, adding to the problems associated with this type of development.The
uncontrolled expansion of service districts exacerbates some negative growth management
consequences.
A significant part of the City's currently identified Urban Planning Area (this includes
Metzger and Bull Mt.) has been urbanized in unincorporated Washington County. Key
services, mainly sewer services,have been provided by County Service Districts. Public
safety has been accommodated to a degree by enhanced Washington County Sheriff's
services. The consequence is that residents of these areas use services provided Tigard and
other cities that are not provided by the County (parks for example). This situation negates
any practical incentive for property owners to annex to the City.
The provision urban services by service districts to unincorporated urban lands have
negative growth management consequences as stated above. In Tigard's situation,
unincorporated development in the Bull Mountain area now separates urban growth areas 63
and 64 from Tigard. Because these areas are not contiguous, they cannot be annexed to the
city. Therefore, absent a change in Washington County's policy and state annexation law, the
City should not continue to plan to provide services for these areas.
Recommended Action Measures:
i. Encourage Metro to adopt requirements that new lands added to the Urban
Growth Boundary be planned for urbanization by existing cities and annexed
prior to development.
ii. Work with the state, Metro and other jurisdictions to resolve legislative and
jurisdictional policy barriers to city annexation of lands that are within the urban
growth boundary.
iii. If there are to be new cities in the Portland Metropolitan region, encourage the
state and Metro to establish criteria for the formation of new municipal
governments to ensure they be fiscally sustainable and consistent with state and
regional growth management objectives.
iv. Work with Washington County,its cities, Metro and others to address:
a. public service equity issues associated with unincorporated urban
development;
b. quality of life needs and desires of both incorporated and unincorporated
residents; and
Draft Language 3 Goal 14
PIT Meeting#1 5/12/2008
• •
c. preventing blight conditions associated with underserved urban
development.
v. Participate in state and regional efforts to develop equitable ways to fund public
infrastructure needed to provide for existing service needs and support projected
employment and population growth.
Goal:
14.2. Provide and/or coordinate the full range of urban level services to lands within the
Tigard City limits.
Goal 14.2 Commentary:
The City has an obligation to its residents to ensure the provision of the best facilities and
services the community can fund. Providing services outside of the city limits undermines
the City's ability to meet its obligation.
Policies:
1. The City shall maintain, and amend when necessary, an Urban Service Agreement
with Washington County that recognizes the City as the ultimate provider of services
to the Tigard Urban Services Area.
Policy 1 Commentary:
The City has operated under an Urban Planning Area Agreement with Washington County
since 1983 that recognizes Tigard as the ultimate governance/services provider within the
Urban Planning Area (UPA). The current UPA contains the city limits as well as
unincorporated areas of Bull Mountain and Metzger. The City also has entered into the
Tigard Urban Service Agreement with Washington County. The agreement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating
with the Tigard Urban Service Area (TUSA). The Agreement was last updated in July 2006
and again identifies Tigard as the ultimate governance provider to the TUSA,which
coincides with the UPA. These agreements have been put into place because of the
recognition that cities are better suited to provide urban level services than county
government (Oregon Administrative Rules). Maintaining the City's agreements provides the
possibility that Tigard may eventually govern new UGB expansions.
2. The City shall, as needed, coordinate and/or participate in planning activities or
development decisions within the Tigard Urban Services Area.
Policy 2 Commentary:
The City needs to be involved in decisions related to growth planning or development
applications within the TUSA. This will help to ensure that if the unincorporated lands
within the TUSA are annexed, the public facilities and services will be available to serve the
Draft Language 4 Goal 14
PIT Meeting#1 5/12/2008
• •
planned growth or existing development. Conformance with adopted plans and agreements
will also be checked during this process.
3. The City shall oppose formation of any new service district, or expansion of existing
districts,within the Tigard Urban Services Area that could conflict with the existing
and future delivery of City services.
Policy 3 Commentary:
The City has a need to protect its rights as the identified urban services provider within the
TUSA. The City commits significant staff resources to plan for capital improvement needs
and then finances these improvements to better serve its residents. If the plans and facilities
are undermined by new or expanded districts, the City and its residents bear any associated
financial burdens. Cities already bear inequitable/non-assignable costs imposed by
underserved unincorporated urban areas when their residents use city services such as parks,
libraries, transportation facilities, public safety, etc. Expanding/creating districts to promote
additional unincorporated urban development undermines the integrity of intergovernmental
service provision and planning agreements and interferes with the City's ability to be
efficient and effective in its own services.
4. The City shall enter into and maintain intergovernmental agreements with service
districts operating within the Tigard Urban Service Area to:
A. Define short and long term service provision roles;
B. Specify the terms and conditions of withdrawal of territory from service
districts and the transition of capital facility ownership and administration to
the City;
C. Provide for coordination of plans and programs; and
D. Ensure services are provided consistent with the City's adopted Public
Facility Plan.
Policy 4 Commentary:
It is in the interest of the City to enter into agreements with any service provider operating
within the TUSA to ensure everyone is receiving adequate, efficient, and effective services.
This includes the planning of services, the need to eliminate duplicity of services thru
coordination, and defining the role of the providers. As importantly, the long term service
role must also be well defined. This includes the transition of facility ownership and
management,when these transfers should take place, and coordination to require service
provision is consistent with adopted plans.
5. The City shall not approve the extension of City services except:
A. where applications for annexation for those properties have been approved;
or
B. in circumstances where applicable state and county health agencies have
declared a potential or imminent health hazard pursuant to ORS 431.705 to
431.760 (Health Hazard Annexation or Service District Formation).
Note: This policy was adopted by City Council in November 2007
Draft Language 5 Goal 14
PIT Meeting#1 5/12/2008
• •
Policy 5 Commentary:
The City of Tigard's position is to not supply urban services outside of its city limits. The
simple application for subdivision and/or annexation should not be enough to approve the
extension of services, but the approval of the applications must happen first. An exception
to the policy is that when it can be proven that a health hazard exists that will be eliminated
by the extension of the service. Criteria for identifying a health hazard are located in the
Oregon Revised Statutes. However,providing services in the case of a Health Hazard
annexation also means that the affected properties must annex to the jurisdiction/agency
providing such services.
Recommended Action Measures:
i. Regularly review the Tigard Urban Services Agreement with Washington County
and amend it as necessary.
ii. Coordinate the review of land use proposals in the Tigard Urban Services Area
with Washington County and require annexation of development that requires
City services.
iii. Ensure the City is represented in planning efforts for unincorporated urban lands
within the Urban Growth Boundary and in Metro decisions to expand the urban
growth boundary.
iv. Regularly review existing intergovernmental agreements with service providers
operating within the Tigard Urban Services Area and propose amendments as
needed.
v. Encourage the City, County and service districts to adopt compatible facility
design standards.
vi. Coordinate the development and implementation of the City's Public Facilities
and Capital Improvement Plans with Washington County, service districts and
other service providers within the Tigard Urban Services Area.
Goal:
14.3. Annex unincorporated properties as opportunities arise in order to implement the
Tigard Urban Services Agreement.
Goal 14.3 Commentary:
Tigard has been identified as the ultimate provider of urban services with the TUSA.
Tigard's position is that cities are better suited to provide urban level services and will
welcome voluntary annexations as property owners inquire about the process and services
that will be received.
Draft Language 6 Goal 14
PIT Meeting#1 5/12/2008
• •
Policies:
1. The City shall assign a zoning district designation to annexed property that most
closely conforms to the existing Washington County zoning designation on that
property.
Policy 1 Commentary:
Metro and its regional partners have invested greatly in the planning of the region. This
ranges from solid waste removal to transportation planning. In order for these planning
efforts to realize their intended outcomes,jurisdictions must cooperate in implementing the
assumptions of the efforts. Washington County has adopted a comprehensive plan for its
unincorporated areas that assumes a certain level of development in the future. This
includes housing and employment allocations that they are obligated to fulfill. When a
property annexes to a city,it is important for the planning assumptions to remain intact for
the region to function as intended. This is especially true to reduce negative impacts upon
the transportation system from higher than planned densities/uses.
2. The City shall,when approving an annexation, ensure either the capacity exists or
can be developed to provide needed urban level services to the area.
Policy 2 Commentary:
The City is responsible for the provision of urban services to its residents. An important
part of this responsibility is adopting plans and programs to act as a guide. When a property
is proposed to be annexed, the City is obligated to analyze current conditions and future
plans for services to ensure the capacity exists, or will in the future, to effectively serve the
annexed property without diminishing service provision to current residents and their
properties.
3. The City shall approve proposed annexations based on findings that the request:
A. Eliminates an island of unincorporated territory within the City; or
B. Is contiguous to current City limits and is located within the Tigard Urban
Services Area;and
C. Can be accommodated by City's public facilities and services.
Policy 3 Commentary:
State law governs the annexation of property in Oregon. Municipalities are allowed to annex
islands, based on a number of requirements,without consent of the property owners. This
eliminates inefficient provision of services based on fragmented patches of governance. If
outside of an island, state law mandates a property be contiguous to the city limits to be
eligible for annexation. This again helps to eliminate fragmented governance. In both cases,
the annexed properties will now be paying taxes for facilities and services they either already
access or would in the future. In addition to following state law, the City must still ensure
the capacity exists to accommodate the services and facilities needed for the property.
4. The City shall evaluate and require,when appropriate, parcels adjacent to proposed
annexations be included to:
A. Avoid creating unincorporated islands within the City;
Draft Language 7 Goal 14
PIT Meeting#1 5/12/2008
• •
B. Enable public services to be efficiently an effectively extended to the entire
area; or
C. Implement a concept plan or sub-area master plan that has been approved by
the Planning Commission or City Council.
Policy 4 Commentary:
It is in the City's interest to avoid creating unincorporated islands within the City because of
the consequences of fragmented governance and inefficient delivery of services that is
associated with islands. When application for annexation is made with the City,requiring
properties to join the annexation to eliminate the creation of an island is preferable.
Additionally, ensuring public services are being extended efficiently is in the best interest of
the City and its residents. Requiring a property to join an annexation to ensure efficient
extension of service, or to implement an adopted land use plan for the area is also preferable.
5. The City shall develop, coordinate, and implement an adopted Public Facility Plan to
ensure the predictable and logical provision of urban services for areas anticipated to
be within the City Limits.
Policy 5 Commentary:
State law requires the adoption of a Public Facility Plan for the City of Tigard. Included in
the plan are an inventory and assessment of existing systems and an identification of projects
needed to support land uses designated in the Comprehensive Plan. The purpose is to
ensure a timely, efficient, and orderly arrangement of facilities and services.
Recommended Action Measures:
i. Periodically review and update the City's annexation methods and encourage
property owners within the unincorporated Tigard Urban Services Area to annex
based upon the benefits associated of being within the City limits.
ii. Utilize incentives, as appropriate, to encourage owners of unincorporated
properties to annex to the City.
iii. Develop criteria and procedures to encourage, and when possible,require
owners of adjacent parcels to also annex to the City when neighboring parcel(s)
annex.
Draft Language 8 Goal 14
PIT Meeting#1 5/12/2008
• • Attachment 2
Oregon's Statewide Planning Goals & Guidelines
GOAL 14: URBANIZATION
OAR 660-015-0000(14)
(Effective April 28, 2006)
To provide for an orderly and efficient population forecast coordinated with
transition from rural to urban land use, affected local governments; and
to accommodate urban population and (2) Demonstrated need for
urban employment inside urban housing, employment opportunities,
growth boundaries, to ensure efficient livability or uses such as public facilities,
use of land, and to provide for livable streets and roads, schools, parks or open
communities. space, or any combination of the need
categories in this subsection (2).
Urban Growth Boundaries In determining need, local
Urban growth boundaries shall be government may specify characteristics,
established and maintained by cities, such as parcel size, topography or
counties and regional governments to proximity, necessary for land to be
provide land for urban development suitable for an identified need.
needs and to identify and separate urban Prior to expanding an urban
and urbanizable land from rural land. growth boundary, local governments shall
Establishment and change of urban demonstrate that needs cannot
growth boundaries shall be a cooperative reasonably be accommodated on land
process among cities, counties and, already inside the urban growth
where applicable, regional governments. boundary.
An urban growth boundary and
amendments to the boundary shall be Boundary Location
adopted by all cities within the boundary The location of the urban growth
and by the county or counties within boundary and changes to the boundary
which the boundary is located, consistent shall be determined by evaluating
with intergovernmental agreements, alternative boundary locations consistent
except for the Metro regional urban with ORS 197.298 and with consideration
growth boundary established pursuant to of the following factors:
ORS chapter 268, which shall be adopted (1) Efficient accommodation of
or amended by the Metropolitan Service identified land needs;
District. (2) Orderly and economic provision
of public facilities and services;
Land Need (3) Comparative environmental,
Establishment and change of energy, economic and social
urban growth boundaries shall be based consequences; and
on the following: (4) Compatibility of the proposed
(1) Demonstrated need to urban uses with nearby agricultural and
accommodate long range urban forest activities occurring on farm and
population, consistent with a 20-year forest land outside the UGB.
1
• •
land, a county may authorize industrial
Urbanizable Land development, and accessory uses
Land within urban growth subordinate to the industrial development,
boundaries shall be considered available in buildings of any size and type, on
for urban development consistent with certain lands outside urban growth
plans for the provision of urban facilities boundaries specified in ORS 197.713 and
and services. Comprehensive plans and 197.714, consistent with the requirements
implementing measures shall manage the of those statutes and any applicable
use and division of urbanizable land to administrative rules adopted by the
maintain its potential for planned urban Commission.
development until appropriate public
facilities and services are available or GUIDELINES
planned.
A. PLANNING
Unincorporated Communities 1. Plans should designate
In unincorporated communities sufficient amounts of urbanizable land to
outside urban growth boundaries counties accommodate the need for further urban
may approve uses, public facilities and expansion, taking into account (1) the
services more intensive than allowed on growth policy of the area; (2) the needs of
rural lands by Goal 11 and 14, either by the forecast population; (3) the carrying
exception to those goals, or as provided capacity of the planning area; and (4)
by commission rules which ensure such open space and recreational needs.
uses do not adversely affect agricultural 2. The size of the parcels of
and forest operations and interfere with urbanizable land that are converted to
the efficient functioning of urban growth urban land should be of adequate
boundaries. dimension so as to maximize the utility of
the land resource and enable the logical
Single-Family Dwellings in Exception and efficient extension of services to such
Areas parcels.
Notwithstanding the other 3. Plans providing for the transition
provisions of this goal, the commission. from rural to urban land use should take
may by rule provide that this goal does into consideration as to a major
not prohibit the development and use of determinant the carrying capacity of the
one single-family dwelling on a lot or air, land and water resources of the
parcel that: planning area. The land conservation and
(a) Was lawfully created; development actions provided for by such
(b) Lies outside any acknowledged plans should not exceed the carrying
urban growth boundary or unincorporated capacity of such resources.
community boundary; 4. Comprehensive plans and
(c) Is within an area for which an implementing measures for land inside
exception to Statewide Planning Goal 3 urban growth boundaries should
or 4 has been acknowledged; and encourage the efficient use of land and
(d) Is planned and zoned primarily the development of livable communities.
for residential use.
B. IMPLEMENTATION
Rural Industrial Development 1. The type, location and phasing
Notwithstanding other provisions of of public facilities and services are factors
this goal restricting urban uses on rural
2
• S
which should be utilized to direct urban
expansion.
2. The type, design, phasing and
location of major public transportation
facilities (i.e., all modes: air, marine, rail,
mass transit, highways, bicycle and
pedestrian) and improvements thereto
are factors which should be utilized to
support urban expansion into urbanizable
areas and restrict it from rural areas.
3. Financial incentives should be
provided to assist in maintaining the use
and character of lands adjacent to
urbanizable areas.
4. Local land use controls and
ordinances should be mutually
supporting, adopted and enforced to
integrate the type, timing and location of
public facilities and services in a manner
to accommodate increased public
demands as urbanizable lands become
more urbanized.
5. Additional methods and devices
for guiding urban land use should include
but not be limited to the following: (1) tax
incentives and disincentives; (2) multiple
use and joint development practices; (3)
fee and less-than-fee acquisition
techniques; and (4) capital improvement
programming.
6. Plans should provide for a
detailed management program to assign
respective implementation roles and
responsibilities to those governmental
bodies operating in the planning area and
having interests in carrying out the goal.
3
, .
4.1 I I •
1.; ;
4.
4
• •2.1.:
„'.111iP
•
• 4 •
• if./••
•• • •
• • Attachment 4
5 . A N N E X A T I O N
O V E R V I E W
When the City of Tigard first incorporated in 1961 there were 1,084 residents. Today, Tigard has grown to
become Oregon's 12th largest city with a population of 46,715 residents. Along with the population of
Tigard, the land area of Tigard has also increased to 11.8 acres.
As the City urbanizes and expands into its Urban Services Area, annexation is used to incorporate territory
into the City to ensure the efficient provision of municipal services and to incorporate urbanizing lands into
the City's political and civic life. The City's annexation policy is included within the Urbanization chapter of
the Comprehensive Plan. Oregon's Statewide Planning Goal 14, which is "To provide for an orderly and
efficient transition from rural to urban land use, to accommodate urban population and urban employment
inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities,"
provides a framework within which all development activities are coordinated. The goal attempts to
integrate and balance available land resources in terms of the needs expressed by other goals, namely,
Housing, Economy,Public Facilities and Services,Natural Features and Open Space, and Transportation.
State law provides many avenues by which annexation can occur (Figure 6-1). ORS 195 provides for
annexation plans for large unincorporated areas which must be approved by a majority of the voters in the
areas to be annexed and the city annexing area. ORS 222 provides for annexations without a vote through
consent agreements from those within the area to be annexed when contiguous to a city boundary.
Annexation without a vote, include: a) island annexation when a territory is surrounded by the corporate
boundaries of the city; consent of the affected property owners is not required; b) consents of all of the
owners of land in the territory and not less than 50 percent of the electors; c) consents of owners of the
majority of the territory within the area to be annexed and a majority of electors (double majority); d)
consents of more than half of the owners of land in the territory, who also own more than half of the land
in the contiguous territory, representing more than half of the assessed value (triple majority).
The 2005 legislature made a number of changes to State Annexation Law in response to property owner
concern over the authority of cities to annex territory. Annexation by Annexation Plans now clearly require
a majority vote of both residents of the city and the residents within the territory to be annexed. The so
called, "Nike" bill only applies to specific industrial properties that meet specific criteria (does not affect
City of Tigard where the unannexed portions of the Tigard Urban Planning Area contain only land
designated residential). In addition, the legislature took away a city's ability to veto the incorporation of
territory within three miles of city boundaries.
The procedures for annexing without a vote include obtaining: a) written consent to annex by a willing
property owner,which is nontransferable and valid for one year; or, b) written consent to annex by a willing
property owner by contract in exchange for provision of services, which is binding on future property
owners and good for a year (unless separate agreement waives the year limitation).
•
5 . A N N E X A T I O N
When property owners contiguous to the city boundary apply for annexations, simple consents are
sufficient. When property owners apply for development of property within the Urban Services Area, but
which is not contiguous to the current city boundary, contracts and waivers are used to ensure annexation at
some point in the future when the city boundary becomes contiguous. These consents are made to fulfill
the intent of the City's urbanization goal.
• •
5 . A N N E X A T I O N
I N V E N T O R Y Applicable rules, statutes and plans that
impact the movement of goods within
A. TIGARD URBAN PLANNING AREA the City include:
AGREEMENT
1. Oregon Statewide Planning Goal 14
Tigard has operated under three agreements with 2. Oregon Revised Statutes 195 and 222
Washington County: The Urban Planning Area Agreement 3. The Metro Urban Growth Management
(UPAA), The Tigard Urban Services Agreement (TUSA), Functional Plan
and the Urban Services Intergovernmental Agreement 4. The Tigard Community Development
(USIA), Code
The Tigard Urban Planning Area Agreement dates back to 1983, when the City and County first entered
into the agreement. State law and land-use planning Goal 2 requires this comprehensive plan coordination.
This fundamental document forms the basis upon which land use and public service policy rest, including
annexation, planning, and service provision. The UPAA states that the unincorporated Bull Mountain and
Metzger areas would be best served by the City of Tigard and appropriate special service districts. Since
1983, the City's Comprehensive plan, the County's area plan, and the goals and vision statements of the City
have emphasized this point. In 1997, the 20-year vision, "Tigard beyond Tomorrow" was developed by
citizens and adopted with one of the goals to provide urban services to all citizens within Tigard's urban
growth boundary and recipients of services to pay their share.
The UPAA established three key items of agreement between the City and County, as well as an amendment
process:
1. The "Urban Planning Area." This mapped area included both unincorporated Washington County
and incorporated Tigard, and was defined as the area in which both government entities had an interest
in comprehensive planning. Both the Metzger and Bull Mountain area were part of the "Area of
Interest" (AOI), where the City maintained an interest in County development/planning activities due
to its proximity and possible effects on the City. The AOI also represented the area that could be
annexed to Tigard;i.e.,unincorporated land located within the Metro Urban Growth Boundary.
2. Comprehensive planning and development policies in the UPA. This included establishing roles
and five conditions for annexing AOI lands to the City.
3. Coordination between the two agencies on development and planning actions, including notice
requirements and comment guidelines.
Since 1983, the agreement's language has been modified slightly, although the agreement's intent and focus
remain the same. The most recent amendment (2006) incorporates language to address the possible
incorporation of Bull Mountain. Over time, other revisions included minor boundary revisions to the Urban
Planning Area, which now includes unincorporated Bull Mountain and unincorporated Metzger; removal
and addition of policies regarding annexation;and the inclusion of a section addressing Murray Blvd.
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5 . A N N E X A T I O N
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Regarding annexation, the UPAA initially included conditions that allowed or limited the City's ability to
annex lands in the Area of Interest. The current agreement no longer includes those conditions. It focuses
primarily on service provision and transfer of services upon annexation, including naming the annexation
plan method as the most appropriate method of annexing properties to the City (although it does not
preclude individual annexations).
The TUSA (also referred to as the SB 122 agreement) was adopted in 2004 and relates to the long-term
provision of services to the covered areas.The Tigard Urban Service Agreement was amended in July 2006.
The USIA was first adopted in 1997 and amended in 2002. It related to the provision of land development,
building, code enforcement, and engineering permits through the City on behalf of the county to the
unincorporated Urban Services Area. The concept was developed through the UPAA as an attempt to
provide enhanced customer service to the urban unincorporated population in Tigard and reduce the cost of
providing services. In March, 2006, Tigard City Council voted unanimously to terminate the USIA after
concluding that conditions have changed and the IGA is no longer a benefit to the City. Termination was
effective on June 30, 2006. Washington County is now responsible for providing development review and
building inspection services in the Bull Mountain Urban Services Area.
Map 6-1 shows the shared boundary of the Tigard Urban Planning Area and the Tigard Urban Services
Area.
B. RECENT ANNEXATIONS (1983-2007)
Since 1983 there were 1,972 acres of land added to the municipal city limits through annexation. Table 6-1
lists the acres annexed to the City from 1984 to 2007.
Most notably, the City of Tigard annexed what is known as the south Metzger area in 1987, including
Washington Square. To protect the City's border in 1986, the City of Tigard unsuccessfully tried to annex
the entire south Metzger area. In 1987, the City redrew the boundaries to include the eastern area and along
Highway 217, where residents had voted in favor of the annexation in 1986. Promising maintenance and
urban services, the City was able to successfully annex this area in 1987. The City was also able to sway
Washington Square away from Beaverton as part of the same vote by offering a property tax phase-in.
Also notable is the Walnut Island Annexation (ZCA 1999-00006 through ZCA 1999-00020) in 2000. Tigard
City Council initiated the annexation of 15 areas completely surrounded by the Tigard City Limits. The
annexation contained 497 tax lots, 383 houses, and 1,034 people. The islands were located South of Walnut
Street, north of Bull Mountain Rd.,west of Highway 99W, and east of the Bonneville Administration power
lines that run north south over Bull Mountain.
In 2004, Tigard's Bull Mountain annexation effort failed using the "double majority" method. 65% of City
residents passed the proposed annexation, while only 11% of Bull Mountain voters did. In 2006, an
incorporation effort to create the City of Bull Mountain also failed. Figure 6-2 details the annexation and
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5 . A N N E X A T I O N
incorporation efforts. The City recognizes that current circumstances may prevent the City from ever
reaching the intent of the Tigard Urban Planning Area Agreement.
C. CURRENT ANNEXATION POLICY
The City's policies on annexation are found in the Comprehensive Plan and are implemented through the
Tigard Development Code, ordinances approving several Intergovernmental Agreements (IGAs). These
IGAs are primarily between the City and Washington County, but also include Metro and a number of area
service provider districts.
Tigard Development Code
The TDC implements the policies in the Comprehensive Plan, stipulating a Type IV approval process and
approval criteria that a) require services and facilities are available to the area with sufficient capacity to
provide service for the proposed annexation area, and b) that the applicable Comprehensive Plan policies
and implementing ordinance provisions have been satisfied.
Intergovernmental Agreements
A series of IGAs from the mid-eighties between the City and Washington County have set the management
terms for the unincorporated territory within Tigard's UGB regarding provision of urban services and the
transfer of service provision upon annexation. The most recent of these agreements, the Urban Planning
Area agreement (8/8/2006), identifies the Tigard Urban Service Area (TUSA) and a process for
coordinating comprehensive planning and development. Section III.C.1 Annexations, states:
The county and city recognize the City as the ultimate service provider of the urban services
specified in the Tigard Urban Services Agreement. The County also recognizes the City as the
ultimate local governance provider to all the territory in the TUSA, including unincorporated
properties. So that all properties within the TUSA will be served by the City, the County and City
will be supportive of annexations to the City.
Section III.C.3 states:
...Annexations to the City... shall not be limited to an annexation plan and the City and County
recognize the rights of the City and property owners to annex properties using the other
provisions provided by the Oregon Revised Statutes.
Administrative Policy
In 2006, Council determined that the City should have a neutral approach towards annexation. In other
words, the City would neither promote nor discourage annexation. Instead, Council's position was that the
City would receive and process annexation applications as they occurred. However, to lessen the financial
burden on applicants, Council approved waiver of the annexation fee for the period July 1, 2006 to
February, 2008.
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5 . A N N E X A T I O N
On March 13, 2007 Resolution 07-13 was adopted by City Council and contained the following policy on
annexation:
• The City shall not resort to involuntary annexation of unincorporated land, except in cases
where it is found that such action is in the overall City's interest, such as to resolve public
safety and/or health issues where it is necessary to extend or provide essential City services
consistent with an adopted Community Investment Plan (CIP) or Public Facility Plan (PFP),
and/or resolve incongruous municipal boundaries.
• Tigard shall work with other cities, Washington County, Metro, and the state to promote
regional and statewide policies and actions that recognize that logical, efficient, and
economically sustainable urban development can best occur in existing incorporated cities.
• The City shall proactively promote the benefits of being within the municipal City limits and
invite owners of unincorporated properties to voluntarily join the City. However, each
annexation shall be evaluated on its own merits to ensure it is in the City's overall interests.
• The City shall communicate with and otherwise work directly with those that express
voluntary interest in annexation to facilitate the annexation process. This shall include
providing incentives to annex such as the following:
• Waiver of the City annexation application fee
• Phasing in of increased property taxes for properties that annex
• Council will review the annexation policy and the offer of incentives to individual property
owners who voluntarily annex to the City.
Resolution 07-13 has been amended twice to expand the offer of incentives. Resolution 07-47 expanded the
offer of incentives to include City payment of the Metro Mapping/Filing Fee. City Council voted to extend
the offer of incentives during their annual review of the annexation Policy. Resolution 08-12 extends the
offer of all incentives to property owners who annex prior to February 2009. The incentives include:
• Waiver of the City Annexation Application Fee (currently $2,498);
• Phasing in of increased property taxes at the rate of 33% the first year, 67% the second, and
100% the third year;
• City payment of the Metro Mapping/Filing Fee;
• Waiver of the Pre-Application Conference Fee to property owners who desire to annex to
the City of Tigard; and
• Assistance with the preparation of surveys, not to include field survey work.
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5 . A N N E X A T I O N
K E Y F I N D I N G S
• As the City urbanizes and expands into its Urban Services Area, annexation is used to incorporate
territory into the City to ensure the efficient provision of municipal services and to incorporate
urbanizing lands into the City's political and civic life.
• ORS 195 provides for annexation plans for large unincorporated areas which must be approved by a
majority of the voters in the areas to be annexed and the city annexing area. ORS 222 provides for
annexations without a vote through consent agreements from those within the area to be annexed
when contiguous to a city boundary.
• Tigard has operated under three agreements with Washington County: The Urban Planning Area
Agreement (UPAA), The Tigard Urban Services Agreement (TUSA), and the Urban Services
Intergovernmental Agreement (USIA).
• The Tigard Urban Planning Area Agreement dates back to 1983. The UPAA currently states that the
county and city recognize the City as the ultimate service provider of the urban services specified in the
Tigard Urban Services Agreement. The County also recognizes the City as the ultimate local
governance provider to all the territory in the TUSA, including unincorporated properties.
• The UPAA established three key items of agreement between the City and County, as well as an
amendment process.
• The Urban Planning Area is a mapped area including both unincorporated Washington County and
incorporated Tigard. Both the Metzger and Bull Mountain area were part of the "Area of Interest"
(AOI), where the City maintained an interest in County development/planning activities due to its
proximity and possible effects on the City.
• The AOI also represented the area that could be annexed to Tigard; i.e., unincorporated land located
within the Metro Urban Growth Boundary.
• The Tigard Urban Service Agreement was adopted in 2004 and relates to the long-term provision of
services to the covered areas. The Agreement was amended in July 2006.
• The Urban Services Intergovernmental Agreement was first adopted in 1997, amended in 2002, and
terminated in 2006. It related to the provision of land development, building, code enforcement, and
engineering permits through the City on behalf of the county to the unincorporated Urban Services
Area.
• Since 1983, there were 1,972 acres of land added to the municipal city limits through annexation. Most
notably, the City of Tigard annexed what is known as the south Metzger area in 1987. Also notable is
the Walnut Island Annexation (ZCA 1999-00006 through ZCA 1999-00020) in 2000.
•. In 2004, Tigard's Bull Mountain annexation effort failed using the "double majority" method. In 2006,
an incorporation effort to create the City of Bull Mountain also failed.
• The City recognizes that current circumstances may prevent the City from ever reaching the intent of
the Tigard Urban Planning Area Agreement.
• On March 13, 2007, Resolution 07-13 was adopted by City Council and contained the current
annexation policy. Resolution 07-13 has been amended twice to expand the offer of incentives to
property owners who choose to annex to the City.