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06/16/2008 - Packet • City of Tigard TIGARD Planning Commission — Agenda MEETING DATE: June 16, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. APPROVE MINUTES 7:10 p.m. 5. PUBLIC HEARING (Cont'd) 7:15 p.m. 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003 Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 5: Natural Resources and Historic Areas 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 Natural Resources and Historical Areas. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390;Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards,Public Facilities and Services,and Natural Features and Open Spaces;Metro Functional Plan Titles 3 and 13;and Statewide Planning Goals 1,2, 5,6, 7 and 11. 5.2 Workshop — Goal 14: Urbanization - 8:45 p.m. Prepare for Joint Meeting with Council 6. OTHER BUSINESS 9:45 p.m. 7. ADJOURNMENT 9:50p.m. PLANNING COMMISSION AGENDA—JUNE 16, 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 • • Tigard Planning Commission - Roll Call Hearing/Workshop Date: Co-t(o-O$ Starting Time: COMMISSIONERS: Jodie Inman (President) Tom Anderson Rex Cattail 7 Margaret Doherty Karen Fishel Stuart Hasman Matthew Muldoon Jeremy Vermilyea V David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher Vion Bunch Cheryl Gaines 1✓John Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas Darren Wyss Phil Nachbar Marissa Daniels Todd Prager • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 16,2008 1. CALL TO ORDER President Inman called the meeting to order at 7:00 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, Doherty, Muldoon, and Walsh • Commissioners Absent: Caffall,Fishel, Hasman,Vermilyea Staff Present: Ron Bunch,Assistant Community Development Director;John Floyd, Associate Planner;Darren Wyss,Associate Planner;Doreen Laughlin,Administrative Specialist II 3. COMMUNICATIONS— None. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon, to approve the June 2, 2008 meeting minutes as submitted. The motion carried as follows: AYES: Anderson, Doherty, Inman, Muldoon NAYS: None ABSTENTIONS: Walsh EXCUSED: Caffall, Fishel, Hasman,Vermilyea PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003 Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 5: Natural Resources and Historic Areas 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 Natural Resources and Historical Areas.The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. PLANNING COMMISSION MEETING MINUTES—June 16,2008—Page 1 IA RPL\\Dm®\PC\PC Pales for E08\61608 Public Heavrtg&Workshop\spc m®a.6160&docl Ms mating in in meu:ry.is..s.il.bk on CD.and aid.Gq of Ted Pubic Records.] • • APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390;Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards,Public Facilities and Services,and Natural PUBLIC HEARING CLOSED Public Hearing closed temporarily due to minor technical difficulties [PowerPoint&copier glitches]. PUBLIC HEARING REOPENED- 7:20pm John Floyd,Associate Planner,presented the staff report on behalf of the City. He went over a PowerPoint presentation (Exhibit A) and gave an overview. He indicated some of the homebuilders representatives were not able to attend this public hearing,but had indicated an interest in it and will most likely be attending the Council meeting regarding this topic. He explained that he would be going over his June 16 memo (Exhibit B) which would summarize the changes made in the memo dated June 9 in the commissioner's packets. He then gave an overview of the policies and the suggestions made by commissioners at the first Public Hearing on this chapter. Some of those topics were the use of the words"To the extent feasible,"baseline inventory, engaging volunteers,public comment from John Frewing, engaging a broader audience,glossary definitions,new definitions,existing policies, and applicability to upland habitats. (Detail is in Exhibit A -PowerPoint presentation). There was a brief question and answer period. One of the commissioners spoke to what he sees as a need for a natural resources coordinator—perhaps on a volunteer basis. Ron Bunch, Assistant Community Development Director,gave his thoughts on this. He said,in his experience from other cities,volunteer natural resource coordinators had several requirements in order for them to have good information. For one,they needed paid consulting expertise. There was also a need for GIS mapping, on the ground evaluation,and specific boundary delineation of the resource that required them to be there. It was helpful for staff to identify the specific resources using aerial photography and ground checking and there was a need for staff to be on site clearing brush and making public contact for them so they could actually get on the property when necessary. The question was asked, "What percentage of the paid consultant dollars was leveraged by the volunteer coordinator?" Bunch answered,"About 30%." DELIBERATIONS: One of the commissioners commented that he would like to make another push for the pragmatic language rather than the aspirational language with regard to the verbiage"To the extent feasible." He believes that needs to be in restoration language because once this is done, the distinction between aspirational and direction to implement will be lost. He thinks people will come back and say, "It's right there... it says you were going to restore the stream." He thinks that creates division where it doesn't need to be. At this point,President Inman asked for a"sound off" of the commissioners present concerning the"to the extent feasible"language. The outcome of that sound off was to"leave the language in as explained in context tonight." PLANNING COMMISSION MEETING MINUTES—June 16,2008—Page 2 I:\FRPGAGonsm\PC\PC Poieo for 1198\6-16-08 Pubic Fining as Workshop\lpc minutes 6-16.08dog This meeting in in canary.is Raaa6k on W.and manned at Gs.ofTqpnd Polak Records.' • • The commissioners went over the policies as follows: [Exhibit A] Policy 5.1.3 -As to strengthening policy 5.1.3 by breaking it up into two separate policies - 5.1.2&5.1.3 - the commissioners agreed with staff,and were in favor of making them two separate policies. They also agreed to recommend adding an action measure proposed by staff —Action Measure xxi. -which would read: "The City shall develop and utilize incentives to foster private investment in green building techniques and technologies." Policy 5.1.7—they agreed that the alternative proposed is clearer and they would like to go with that. Policy 5.1.10 - add"as necessary" to replace"other applicable program so it would read: "The City shall complete and,concurrent with periodic review of the Comprehensive Plan, Metro Programs, or as necessary,update and improve its baseline inventory of natural resources to reflect changing conditions, standards,and community desires." The following motion was made by Commissioner Doherty: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2008-00003,Natural Resources,and adoption of the findings that have been brought forth at this hearing as presented in the memo dated June 16 2008 and as amended by Planning Commission discussion. Commissioner Muldoon seconded the motion and it carried as follows: AYES: Anderson, Doherty, Inman, Muldoon,Walsh NAYS: None ABS'T'ENTIONS: None EXCUSED: Caffall, Fishel, Hasman,Vermilyea The date for the Council Public Hearing on this topic will be August 5,2008. DELIBERATIONS CLOSED 5.2 WORKSHOP—GOAL 14: URBANIZATION— Prepare for Joint Meeting with Council Darren Wyss,Associate Planner,reminded the commissioners they had requested background information related to the cause and consequences of unincorporated development, and potential remedies. The Commission had wanted this information to better understand reasons for proposed Urbanization goals and policies, and to have sufficient background for a meaningful discussion with Council at the July 1 Urbanization Joint Workshop. Commissioners had provided staff with a number of issues/questions. Documentation to address those questions was attached to Wyss' memo dated June 9, 2008, and had been sent a week earlier in the Planning Commissioner's packets. Before going over the information in the packets,Wyss said they would talk about the following: • Set up of the joint meeting; • Take any questions about the materials sent in their packets; and • Finali7e a few topics of discussion. PLANNING COMMISSION MEETING MINUTES—June 16,2008—Page 3 L\1"1-14\D"."'APC\PC Palest for 2"‘"6-08 Ponta H,,.i g&R'o.k bop\Wc mi. .6-16-08doci The mermg,m is meats.is mild*m CD,.std retested n Gq of TTgnd Poh&Records • • Wyss advised the commissioners there would be no regular Planning Commission meeting on July 7. He said they would come back with the Policy Interest Team on July 21,after the July 1 joint meeting with Council. There was discussion regarding the upcoming joint meeting regarding urbanization. One of the commissioners asked, "What is the City actually asking the county to do?" Bunch answered: "We're asking for five things,really: 1. Acknowledge a problem (long-term financial problem); 2. Stop the "bleeding" (no unincorporated development). Make sure new urban areas come into cities; 3. Get a neutral person or agency to determine who pays for what. What kind of financial needs are there—what is the level of subsidization; 4. Recognize the urban problem cannot be solved"overnight"—it has taken 50 years to create it and it will probably take 100 years to remedy it;and 5. Make this an ongoing effort. It's basically those five things we'll be asking for at the Urbanization Forum." There was discussion as to how the Joint meeting would be conducted. The commissioners said their goal was to absorb what the Council is feeling about things.What is the vision of resolution of this issue? One of the commissioners noted the "tone" of the language should be toned down. Some, but not all, of the commissioners agreed with this. 6. OTHER BUSINESS —None. 7. ADJOURNMENT President Inman adjourned the meeting at 9:00 pm. Doree' Laughlin, dministra - Specialist II ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—June 16,2008—Page 4 1:\IRPL.\Doeeen\PC\PC Rickets fix 3U8\61648 Pudic Henmgd:Workshop\Wc®'¢a 616084oci Thu coming,in its mtiacy,is.v dah4 cm CD.and trained at Qty of Trgrd Poh&Records • • EXHIBIT A Changes from June 2 Natural Resources and Proposed changes are outlined in Memos Historic Areas dated June 9 (packet) &June 16 (distributed Comprehensive Plan Amendment today) 2008-00003 Language Changes directed by PC June 16, 2008 1. Goal 5.1 made uniform with the phrase to the extent feasible" John Floyd,Associate Planner 2. Policy 5.1.10 directs the City to complete the baseline inventory "To the Extent Feasible" Glossary Definitions Definition: Reasonably capable of being done, Word"inventoried"removed from Natural executed,or effected with the means at hand and Resources the circumstances as they are;practicable Appears in Goal 5.1 &Policies 1,6,7,8, 13 New definitions for Riparian Corridor, Riparian Habitat, and Upland Habitat Only applies to restoration and not protection except:Outside of City limits(Policy 6);or wildlife corridors in the context of park,open space,and surface water master plans(Policy 13) New Definitions Applicability to Upland Habitats Riparian Corridor—water areas,fish and wildlife Questions regarding protection of upland habitat habitat,wetlands,and adjacent riparian areas that consist of the zone of transition from an aquatic ecosystem to a terrestrial ecosystem. Protected by Goal 5.1 and implementing policies 1, 3,4,5,6,7, 10, 11, 12 and 13 Riparian Habitat—Habitat areas located within, and dependant upon the unique habitat elements provided within,a Riparian Corridor Alternative Policy 5.1.7-The City shall protect riparian and upland habitats to the maximum Upland Habitat—All habitats beyond a riparian extent possible,and restore them to the extent corridor. feasible,on both public and private lands. 1 • • Strengthening Policy 5.1 .3 Engaging a Broader Audience Staff recommends splitting the policy to strengthen where • Reminders were sent out to all interested possible: parties •Policy 5.1.2-The City shall demonstrate leadership in natural resource protection through the use of sustainable building practices and low impact development strategies, • HBA has expressed an interest in to the extent feasible,on all City projects. p • participating, particularly in regards to how -Policy 5.1.3-The City shall provide options to this will impact tree regulations, but was conventional construction and site planning techniques, and incorporate sustainable and low-impact building and unable to attend tonight site planning technologies into City codes and standards as they become available. Baseline Inventory Engaging Volunteers PC directed staff to strengthen the language of Public Participation will be an essential Policy 5.1.10. A draft revision is as follows: component "The City shall complete,and concurrent with the Citizen Involvement Chapter requires periodic review of the Comprehensive Plan,Metro Nature in Neighborhoods Program,or other meaningful input applicable program,update and improve its baseline inventory of natural resources to reflect Cannot determine extent or manner without changing conditions,standards,and community desires." an approved work plan developed in coordination with qualified professionals Frewing Comments Existing Policy 3.1 .1 (Wetlands) THE CITY SHALL NOT ALLOW DEVELOPMENT IN Channel Migration/Overlay zones are too AREAS HAVING THE FOLLOWING DEVELOPMENT • specific at this level LIMITATIONS EXCEPT WHERE THE DEVELOPER DEMONSTRATES THAT GENERALLY ACCEPTED ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA Best addressed at implementation and in SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS concert with affected stakeholders including DESIGNATED AS SIGNIFICANT WETLANDS ON THE Tualatin Basin Partnership, property owners, FLOODPLAIN AND WETLANDS MAP.): and others. a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; 2 • • Existing Policy 3.2.1 (Floodplains) Existing Policy 3.3.1 (Nat. Resources) THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS THE CITY OF TIGARD SHALL SUPPORT ON THE FLOODPLAIN AND WETLANDS MAP. NO THE EFFORTS OF WASHINGTON DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS COUNTY, BEAVERTON AND THE SIGNIFICANT WETLANDS ON THE FLOODPLAIN METROPOLITAN SERVICE DISTRICT AND WETLANDS MAP WITHIN TWENTY FIVE(25) FEET OF THE DESIGNATED WETLANDS AREA. TO ENSURE THE AVAILABILITY OF THE DEVELOPMENT ON PROPERTY ADJACENT TO ROCK MINERAL RESOURCES. SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. Existing Policy 3.4.1 (Nat. Areas) Existing Policy 3.4.2 (Nat Areas) THE CITY SHALL: THE CITY SHALL DESIGNATE,IN ACCORDANCE a. PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM CORRIDORS BY WITH GOAL 5,THE FOLLOWING AS AREAS OF MANAGING THE RIPARIAN HABITAT AND CONTROLLING EROSION,AND SIGNIFICANT ENVIRONMENTAL CONCERN. VEGTATION ALONG REQUIRING NATURAOL DRAINAGE COURSESN AND WATERWAYS a. SIGNIFICANT WETLANDS; BE MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE; b. AREAS HAVING EDUCATIONAL RESEARCH b.OR TREE AREAS BE REVIEWED THROUGH THE PLEASNNEDTDEVELOPMENT VALUE SUCH AS GEOLOGICALLY AND PROCESS TO MINIMIZE THE NUMBER OF TREES REMOVED;AND SCIENTIFICALLY SIGNIFICANT LANDS; AND C. REQUIRE CLUSTER TYPE DEVELOPMENT IN AREAS HAVING IMPORTANT WILDLIFE HABITAT VALUE AS DELINEATED ON THE"FISH AND WILDLIFE c. AREAS VALUED FOR THEIR FRAGILE HABITAT MAP"ON FILE AT THE CITY. CHARACTER AS HABITATS FOR PLANTS, d.ADDRESS GOAL 5 RULE EQUIREMENTS PERTAINING TO THE ANIMAL OR LIFE AQUATIC OR HAVING PRESERVATION OF WETLANDS ONCE ADEQUATE INFORMATION ON THE Q i LOCATION QUALITY AND QUANTITY OF WETLAND SITES IS OBTAINED. ENDANGERED O PLANT OR ANIMAL SPECIES THIS GOAL 5 REVIEW WILL INCLUDE DETERMINING WHICH WETLAND OR SPECIFIC NATURAL FEATURES,VALUED FOR SITES ARE ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT.CITIZENS THE NEED TO PROTECT NATURAL AREAS. 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. Existing Policy 3.7.1 (Historical- Cultural Resources) THE CITY SHALL IDENTIFY AND PROMOTE THE PRESERVATION AND Questions? PROTECTION OF HISTORICALLY AND CULTURALLY SIGNIFICANT STRUCTURE, SITE, OBJECTS AND DISTRICTS WITHIN TIGARD. • 3 • • EXHIBIT B " City of Tigard . . . . TIGARD Memorandum To: Jodie Inman, President; and members of the Planning Commission From: John Floyd, Associate Planner Re: Discussion of Existing Comprehensive Plan Policies; and a unified list of • draft Goals, Policies, and Recommended Action Measures as contained in Attachment "A" of the June 2, 2008 staff report and supplemental memorandum distributed to the Planning Commission on June 9, 2008. Date: June 16, 2008 The purpose of this email is to assist the Planning Commission in completing its deliberation of the Natural Resources Chapter of the Comprehensive Plan Update. Listed below are existing policies proposed for deletion followed by staff commentary on their appropriateness in the updated Comprehensive Plan. Additionally, staff has compiled a quick reference list of the draft Goals, Policies, and Recommended Action Measures under consideration, including recommendations contained in the Staff Memo of June 9 (distributed with the main packet for the June 16, hearing). EXISTING POLICIES AND IMPLEMENTATION MEASURES 3.1 WETLANDS POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE THE DEVELOPER DEMONSTRATES THAT GENERALLY ACCEPTED ENGINEERING 'TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; 1 • • Staff Comments: The intent of this poliy is to ensure that new construction is built in a safe and secure manner within nonsignificant wetlands. The two main hazards to building in wetlands, soil and flooding issues, are already addressed in recently adopted Policies 7.1.1, 7.1.5, and 7.1.7 through 7.1.11. In addition, section (a) listed above references a Chapter of the Development Code (18.26) that no longer exists. As a result it is difficult to determine when and where this policy is to be implemented. Staff reaffirms its recommendation to remove this policy. 3.2 FLOODPLAINS 3.2.1 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. Staff Comments: This existing policy contains great specificity and inflexibility regarding how development is to proceed including reference to a specific map (no longer be utilized), the imposition of a minimum setback of 25' that may not be adequate or desired under particular circumstances, and an entitlement process requirement that is no longer legally enforceable (Planned Developments may no longer be imposed as a mandatory course of action). Staff finds the specificity of this poliy problematic, and continues to recommend the following draft policies that both enable and require the City to protect wetlands while still allowing a flexible response to address future conditions: Natural Resource Goal 5.1 and associated Policies 5.1.1, 5.1.3, 5.1.7, and 5.1.8. In addition, complementing Policies 6.2.2, 7.1.10, 7.1.11, and the broader requirements of applicable regional, state and national laws require the City to comply with wetland regulations imposed by external agencies such as Clean Water Services, Metro, FEMA, The U.S. Corps of Engineers, the Department of State Lands, the Department of Land Conservation and Development, the Oregon Department of Environmental Quality, and other affected agencies. Maintaining flexibility in our ability to comply and cooperate with their goals and requirements is imperative to implementing effective protections. Within these circumstances, staff recommends removal of this policy and its replacement with the draft language proposed in CPA2008-00003. 2 • • 3.3 NATURAL RESOURCES POLICY 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. Staff Comments: Significant changes have occurred to this resource since 1993. The former Durham Quarry site zs no longer in operation, having been redeveloped into the Bridgeport Shoppin enter which now sits on what remains of the only the aggregate mineral deposits within the ity of Figara Besides soils and aggregate resources, there are no other own mineral resources for removal and processing within the city As a result the City cannot strengthen this policy to protect rock mineral resources within the City. Staff is neutral on this policy, and its removal would not impact rock mineral resources within Tigard. 3.4 NATURAL AREAS POLICIES 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 NEED TO PROTECT NATURAL AREAS. Staff Comments: The langua e of this Poli is outdated and is currently addressed by the draft definition of Natural Resources, and draft Policies 5.1.15.1.7, 5.1.9, 5.1.10, and.5.1.13. 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 IMPPORTANT 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 3 • • THE PRESERVATION OF WETLANDS ONCE ADEQUATE INFORMATION ON THE LOCATION UALITY, AND QUANTITY OF WETLAND SITES IS OBTAINED. THIS GOAL 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. Staff Comments: The four sections of this policy are already addressed in other sections of the Comprehensive Plan, or specifically require courses of action that are no longer allowed by the State. Poli section 3.4.2.a is now addressed in draft Goal 5.1 and implementing drat policies 1, 3, 7, 8 and 12; and omplementing Policies 6.2.3, 6.2.4, 6.2.5, and 7.1.10. Most specifically, draft Policy.5.1.1.c requires the cittyy to rotect natural resources in a manner that will "maximize natural resource functions and services including fish and wildlife habitat and water quality." Implementing objectives such as controlling erosion and protecting vegetative cover is essential to satisfying the dra poliy, and as a result no change would occur. Poliy section 3.4.2.b is not enforceable under existing conditions as the City has not designated the "timbered or treed areas" referenced in this poli y. This poli y would have to be rewritten into a more pro rammatic format to direct the City to implement such a plan. Staff recommends this poll°, section be dropped as sufficient legislative direction has been iven under Comprehensive Plan Goals Z.2 and 2.3 which specifically address Tigard's trees and the overall urban forest. These policies include 2.2.1, 2.2.3, 2.2.11, 2.3.1, 2.3.3, 2.3.6, and 2.3.9. Section `c"is currently being implemented by the Ci as an optional course of action under existing habitat protection regulations allowing a limited amount of density to be transferred from habitat areas into non- habitat areas. Staff recommends the Plannin Commission weigh the retention of this Policy very carefully as Tigard citizenry has strongly expressed a preference for the maintenance of existing densities in established neighborhoods, and strict language in this polio would require the City to develop pockets of high density housing within existing neighoroods. S'taff recommends the replacement of this polrcj with the following daft policies that the City with flexibility as to how habitat protection is to occur: D'raft_1'oli y 5.1.1, 5.1.3, 5.1.7, 5.1.8, and 5.1.11. In addition, new policies within the Urban Forest Chapter require the City to implement measures to protect existing trees, including Poliy 2.3.1, 2.3.3, 2.3.6, and 2.3:9. Within this context, staff recommends the removal of thispoliy section. Section "d"is outdated and already implemented. As a result staff recommends it's removal. 3.7 HISTORICAL-CULTURAL RESOURCES POLICY 3.7.1 THE CITY SHALL IDENTIFY AND PROMOTE THE PRESERVATION AND PROTECTION OF HISTORICALLY AND CULTURALLY SIGNIFICANT STRUCTURE, SITE, 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 4 • • 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. Staff Comments: The draft Goal 5.2 and Policy 5.2.1 are substantially the same as existing Policy 3.7.1, with the new policy requiring the City to identi§ new resources and cooperate with organizations involved in their protection. The existing implementation measure is half accomplished with 10 historic structures identified, and 9 protected (protections for the 10Th was removed at the request of its owner). New Recommended Action Measures incorporate the existing implementation measure into a broader list of options for the City to program and accomplish. As a result staff recommends deletion of the old language and adoption of the draft policies and recommended action measures. • 5 • • PROPOSED POLICIES INCLUDING CHANGES RECOMMENDED IN JUNE 9 MEMORANDUM TO PLANNING COMMISSION FROM STAFF Goal 5.1 Protect Natural Resources and the environmental and ecological functions they provide; and, where—pes-ail34e to the extent feasible, restore natural resources to create naturally functioning systems and high levels of biodiversity. Policies 1. The City shall protect and, to the extent feasible, restore natural resources in a 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 des services including fish and wildlife habitat and water quality; and d. Result in healthy and naturally functioning systems containing a high level of biodiversity. 3. 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. ALTERNATIVE (SPLIT INTO TWO POLICIES): Policy 5.1.2 - The City shall demonstrate leadership in natural resource protection through the use of sustainable building practices and low impact development strategies, to the extent feasible, on all City projects. Policy 5.1.3 - The City shall provide options to conventional construction and site planning techniques, and incorporate sustainable and low-impact building and site planning technologies into City codes and standards as they become available. 4. The City shall actively coordinate and consult with landowners, local stakeholders, and governmental jurisdictions and agencies in regarding the inventory, protection, and restoration of natural resources with 7 • • 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 the extent feasible, 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, to the extent feasible, restore riparian and upland habitats for fish and wildlife to the maximum extent possible on public and private lands through:. ALTERNATIVE: The City shall protect • riparian and upland habitats to the maximum extent possible, and to the extent feasible, restore them .:: . - . - : . a : : maximum extent possible to the extent feasible, on both public and private lands. 8. The City shall preserveTrnainraini protect and, to the extent feasible,restore the diverse ecological and non-ecological functions and values services of streams, wetlands, and associated riparian corridors. Strategies shall include, 9. The City shall continue implement measures to protect groundwater. 10. The City shall complete and periodically update to improve its baseline inventory of natural resources through surveys and monitoring. ALTERNATIVE: The City shall complete, and concurrent with the periodic review of the Comprehensive Plan, Metro I ► inoghborhnu &Program, 5 (7 or e , update and improve its baseline inventory of natural U ca, resources through surveys and monitoring to reflect changing conditions, C standards, and community desires. 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, to the extent feasible, as a key component of parks, open space, and surface water management plans. 8 • • • 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. ii. Establish baseline •measures and periodically evaluate natural resource enable furthcr refinement towards measurable goals. 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. 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 vi. Periodically evaluate identify and make steps to improve the effectiveness of existing natural resource protections with the Development code; identify 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 friendly ix. Incorporate bioregional conservation strategies, such as those identified in the Oregon Biodiversity Project Conservation Strategy and Clean Water Service's Healthy Streams Plan into regulations and restoration programs. x. Utilize indicators of biodiversity as a measure of the quality and health of natural resource systems, and as a measure of success of City actions and strategies. xi. - :: - - :. : : --. - • . Implement a program to assist the state in identifying and canceling unused water rights within 9 • • Tigard for the purpose of stabilizing or reducing surface and groundwater diversion and extraction. 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. Implement 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. Implement 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. 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. 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. 10 • • 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. Recommended Action Measures i. Promote and publicize historic resources in the City. ii. Support volunteer programs to preserve historic resources. iii. Encourage rental rehabilitation and muse of historic buildings to the extent feasible, . 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 appropriate economic options and alternatives for historic and cultural resources and organizations involved in their protection,when requested. • 11