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08/18/2008 - Packet • • City of Tigard TIGARD Planning Commission — Agenda — Rev 1 MEETING DATE: August 18, 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 — Goal 14 Urbanization 7:15 p.m. REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11;and Statewide Planning Goals 1, 2, 8, 11, 12,and 14. 6. WORKSHOP — Introduction/Definitions 8:15 p.m. 7. OTHER BUSINESS 9:45 p.m. 8. ADJOURNMENT 10:00 p.m. PLANNING COMMISSION AGENDA-AUGUST 18, 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 panning Commission toll Call Hearing/Workshop Date:%-« -0% Starting Time: _120-_._. COMMISSIONERS: Jodie Inman (President) Tom Anderson Rex Caffall .-/ Margaret Doherty Karen Fishel e Stuart Hasman , Matthew Muldoon Jeremy Vermilyea David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher Ron Bunch Cheryl Gaines John Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas LDarren Wyss Phil Nachbar "Marissa Daniels Todd Prager • • Tigard Planning Commission v���� Agenda Item # ,'5 Page A_ of j Date of Hearing B Case Number(s) Cep, -2_00c6 _0000 (o Case Name Lic' c o ,`,-, c-t: onJ Location If you you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes August 18,2008 1. CALL TO ORDER Acting President Jeremy Vermilyea called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Acting President Vermilyea; Commissioners: Anderson, Caffall,Doherty, Fishel, Hasman, and Muldoon Commissioners Absent: President Inman, Commissioner Walsh Staff Present: Darren Wyss, Senior Planner; Marissa Daniels,Assistant Planner;Doreen Laughlin,Administrative Specialist II 3. COMMUNICATIONS It was noted there would be only one meeting in September due to the Labor Day holiday. That meeting would be September 15 and Councilor Buehner would attend and entertain any questions they might have of her as the liaison to the commission. 4. APPROVE MEETING MINUTES Minutes were not yet complete from the last meeting, so two sets of minutes were up for approval. There was a motion by Commissioner Muldoon, seconded by Commissioner Fishel, to approve the July 21, 2008 minutes. The motion carried as follows: AYES: Anderson, Fishel, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: Caffall,Doherty EXCUSED: Inman,Walsh There was a motion by Commissioner Caffall, seconded by Commissioner Doherty, to approve the August 4, 2008 minutes. The motion carried as follows: AYES: Commissioners Anderson, Caffall,Doherty, Fishel, Hasman, &Vermilyea. NAYS: None ABSTENTIONS: Muldoon EXCUSED: Inman,Walsh PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 1 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • 5. PUBLIC HEARING—Goal 14 Urbanization—CPA2008-00006 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Senior Planner Darren Wyss explained that the Comp Plan Amendment before the Commission at this time would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. He noted that the purpose of Goal 14 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." By adopting this amendment, the City will ensure continued compliance with state and regional requirements and programs, and also ensure future growth management decisions are made in the best interest of Tigard's citizens. The amendment will also replace outdated language that was adopted in 1983 and allow the City to be flexible and responsive to current conditions. The proposed amendment went thru a review process that included two Policy Interest Team (PIT) meetings hosted by the Planning Commission (PC). Wyss reminded the Commissioners that staff used the Planning Commission as host to Policy Interest Team meetings because of the important role the Commission has in helping to develop and implement the land use/growth management programs in the City. He said that staff felt that by being involved from the beginning, the Commission had a better opportunity to fully understand the concepts and information that they were being asked to make decisions upon. The PC and PIT members used the preliminary language formulated by staff and its associated commentary that explained the intention, to review and edit into the draft language found in Exhibit A. The language developed by the PC/PIT was also reviewed by City departments, local jurisdictions, state/regional agencies, and special service districts. He noted that comments are found under Sections VI and VII of the Staff Report. No changes were made based on their review. Additionally, the city attorney reviewed the language and staff report findings PLANNING CON/MISSION MEETING MINUTES—August 18,2008—Page 2 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18.08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • and, based on this review, staff has made one minor change. The change is to Policy 3, under Goal 14.2 and was summarized in a July 28th memo to the PC. The suggested change follows: The City shall approve proposed annexations based on findings that the request ean-be accommodated by the City's public facilities and services and: A. Eliminates an island of unincorporated territory within the City; or can be accommodated by the City's public facilities and services; and B. - .. :. .. . .. Services Area. is consistent with applicable state statute. He said staff recommends adopting the language included in the amendment because it complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. Vermilyea asked if the Commissioners had any questions of staff. There were some comments about the word "Citizen." Two of the commissioners asked staff to address the definition of"Citizen"in the "Definitions" section. PUBLIC HEARING OPENED Vermilyea opened up the meeting to public testimony. According to the signup sheet, there were no citizens present to testify either in favor or in opposition. He asked if there was anyone in the audience who would like to speak. No one asked to speak. PUBLIC HEARING CLOSED Vermilyea closed the public hearing and moved on to discussion. There was no discussion and Vermilyea said he would entertain a motion. Commissioner Caffall made a motion "We accept the Comprehensive Plan Amendment CPA2008-00006,including the recommendation by the City Attorney for a change in verbiage." Commissioner Hasman seconded the motion. The motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Inman,Walsh 6. WORKSHOP—Introductions/Definitions Vermilyea opened up the workshop portion of the meeting. He noted the introduction section had not been revised—just the glossary section. He asked Wyss for an overview as follows: PLANNING COMMISSION MEETING 1IINU ES—August 18,2008—Page 3 of 8 l:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc rninutes 8-18-08.doc • Wyss noted the introduction (Attachment 1) would try to accomplish a number of things in the language. • A brief overview of the planning process and its importance to the community. • Outlines the intended purpose of the Comprehensive Plan and how it gets implemented. For example,it explicitly state the policies are not intended to be used as decision making criteria in most land use cases, but must be translated into codes and standards. • Defines goals, policies, and recommended action measures. • Purposely written to be straightforward, to the point, and not lengthy. • Staff feels all important information is included within the introduction itself and is looking for feedback from the perspective of the Planning Commission who will be charged with using this updated Comprehensive Plan when any kind of Comp Plan or Zoning Map Amendment comes before them. • Definitions — • Definitions have been accumulating since the first amendment came before the Commission back in August of 2007. It's been over a year ago since the PC heard their first Comp Plan Amendment. • As each chapter met with the Policy Interest Teams, key terms were identified to be defined and then a definition was brought forward. • The definitions are based on accepted, federal, state, or regional definitions when available. Otherwise, staff or a PIT member presented a widely accepted definition and a consensus would be reached as to which definition best fits Tigard. • Planning Commission has reviewed these definitions throughout the process and at some point has asked for more detail, more terms to be defined, and suggested some changes. • City Council has reviewed these definitions. They've asked for more definitions and made some suggestions for improvement. Vermilyea, at this point, took the commissioners through the Introduction, Plan Background, Purpose of the Plan, and its Implementation, Format of the Plan, and Definitions of Obligations of Goals, Policies, and Recommended Action Measures. One commissioner wanted clarification as to whether this "Introduction"is for the entire Comprehensive Plan. Wyss answered that,yes,it is for the entire Plan. There were no other significant questions or comments other than it was well written. When Vermilyea asked if anyone had anything else to add or comment on he said that by their silence we could assume the commissioners are all fine with the way it is written—no changes necessary. Everyone agreed. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 4 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • GLOSSARY Wyss informed the commissioners that a new glossary had been distributed (Attachment 2) and he flagged the ones that had either been changed or were added. At this point in the meeting Vermilyea suggested that if any of the definitions were taken from a 3rd party source (such as FEMA, Metro, etc) they would skip those and focus on those that were staff produced—as well as the ones flagged for additional attention. There was no objection to that approach. Vermilyea went over the definitions (as described above) and the ones that were commented on are listed below (Staff response is in italics): Citizen: A commissioner wanted to know... What is the impact of changing the term Citizen - to what extent would the document have to change if they were to change the term citizen. I'll look through document and see how it impacts. Staff will do some homework on this. Community Recreation Facilities: re: "owned and operated to promote the health etc." Does that mean the City has ownership? No. Should we strike the words "owned and"—Staff will do homework on this as well. Community Parks: Why does it state "greater than 15 acres"? ... It's a consistent standard and is in our Parks Master Plan. Downtown Tigard: What are the boundaries? Fanno Creek up Main St includes some commercial arras on the other side of 99W=-down Hall Blvd, includes 5 properties on the east side of Hall Blvd. City Hall is included. SW of Fanno Creek as well. Encourage: Where did we get the definition? Numerous sources—we settled on one that was common to all of them. `Support"is not defined. Could we get a good definition of support? Yes, we can. Environmental Performance Standards: This seems to be an explanation rather than a definition. It was suggested that instead of defining this, simply cross reference it to "See TCDC Chapter 18.725." Okay— that works. Family Wage: I don't know what"average covered pay" means... could you check that out? Yes, will do. Full Service Recreation Facilities: I'm confused about the word "together." Should we change it to "these facilities provide?" Staff will do some further checking on that with Duane Roberts (Associate Planner). Functions & Services: At this point, audience member, Sue Beilke, spoke (her remarks were typed out and are Attachment 3).Vermilyea suggested the definition of parks be looked at PLANNING CONE MISSION MEETING MINUTES—August 18,X108—Page 5 of 8 I:\I.RPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • more closely when the park plan is revised and Ms. Beilke's issues addressed in the context of that update. Green Concepts and Practices: It was suggested that in the second sentence... strike the word "new" and change to "proven"... Commissioner Muldoon suggested adding"demand response." It was decided Muldoon and Wyss would get together and wordsmith this and come back to the next meeting with it. Greenspace/Greenway (Size should be adequate to protect the resource): Vermilyea questioned a parenthetical being in there and suggested it be stricken and put into the definition itself if necessary. Wyss agreed with Vermilyea. Hazardous Tree: Will be ISA standard. "A tree or tree part that is likely to fail and cause damage or injury and in all likelihood exceeds an acceptable level of risk." Beilke questioned the broadness of the definition. It's general in order to get us to the Development Code (Tree Code) writing stage—and that's the point when it will be fully defined. Historic & Cultural Resources: Strike the word"the" and substitute "a" nation. Strike "and!" to make it just"or Tigard." So the sentence would read 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 a Nation, Oregon, or Tigard. Invasive Species: Add the words "invasive species" after"many"in the last line so it would read "Left unchecked,many invasive species have the potential, etc." Landslides: Take out"recognized as" and simply state "that is a natural hazard" Linear Parks (Of adequate size to protect natural resources and accommodate intended uses): Where did this definition come from? Wyss assumes it came from the Parks Master Plan but will get back with the answer. Open Space: Add to the end of the last sentence (after trail-oriented recreation), "and areas set aside solely for protection and conservation of fish and wildlife habitat species." Peak Oil: There is no policy language that refers to it... Strike definition. Promote: Define support. Proven Community Need: Doesn't seem clear. How is it"proven"? It was suggested to change it to read "A need supported by evidence that is necessary to amend land use maps, and ensures that the new land use being proposed is needed in the community in that particular location,versus other appropriately designated and developable sites. After much discussion it was suggested they flag this one for the City Attorney to look at. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 6 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • Rare: See Beilke's remarks (Attachment 3), she would like this definition added—Wyss will look up the state of Oregon definition for "rare species" "threatened species" and "endangered species." It should be included. Wyss will bring back the definitions. Regionally Significant Habitat: Significant can mean "important" or in reference to "numbers." U(yss will define significant habitat and also regionally significant habitat. Renewable Energy—Try to find a good external source for this definition. It was suggested Public Utilities Commission would be a good source. Rent: Delete "over time". Special Use Area: A park?Wyss will find origin of definition. Upland Habitat: Beilke suggested an example (Attachment 3) —Commissioners said to leave out parenthetical (locations). Urban Forest: Take out verbiage "collectively" and "broadly defined." Change to simply read "All the trees within the City." Urban Forest, Diverse: Combine Urban Forest into one definition. We will flag this one for cleanup. Wildfire: Not just limited to "on forestland" -Staff take a look at how BLM or the State Dept of Forestry defines wildfire. Vermilyea closed the glossary portion of the meeting and went on to: Comprehensive Plan Map Legend (Color coded designations) There were no comments on this. The next meeting is a Public Hearing—Darren will give definitions to Commissioners and invited them to send comments. Sept 15 7. OTHER BUSINESS —Vermilyea gave date of upcoming public hearing- (September 15 —Planning Commission— "Introduction and Definitions"). Marissa Daniels (Assistant Planner) reminded the Commissioners of the High Capacity Transit Open House Metro would be holding, and the City of Tigard would be hosting, on Wednesday, August 20th at the library in the Community Room. PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 7 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • 8. ADJOURNMENT Acting President Vermilyea adjourned the meeting at 9:39 p.m. • Doreen Laughlin,Admire , - Sp: ialist II ATTE` : Actin: Jeremy � ermilyea PLANNING COMMISSION MEETING MINUTES—August 18,2008—Page 8 of 8 I:\I RPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc • • EXHIBIT A August 18, 2008 Urbanization A significant challenge faced by many communities is how to manage growth, particularly the transition from rural to urban land uses, or redevelopment to more intense land uses. As Tigard moves into the future, the City must manage growth for the benefit of its citizens and businesses. The City must ensure that growth decisions result in high-quality development, protect natural resources, provide services in a coordinated and logical manner, and are fiscally sound. The thoughtful planning of growth will help to accommodate future population and employment,while addressing the community's desire for a high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coordinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. Goal 14: Urbanization "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." 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. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metro's 2040 Growth Concept City of Tigard 1 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland,Lake Oswego,Durham, Tualatin, and King City,while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part,reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks, library, emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorporated urban level development are the primary issues facing the City's growth management decisions. There are few large,vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelopment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agreement outlines the role,provision, area, and planning/coordination responsibilities for service providers operating with the TUSA. The TUSA is important to the City, particularly the planning and coordinating with special districts, because it helps the City to ensure the best services are provided to its citizens. 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. The City put forward a plan to annex the unincorporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents overwhelmingly passed the measure, but residents in the area to be annexed soundly defeated it, thus leaving the status quo.Then in 2006 an incorporation effort took place to form the City of Bull Mountain and was again turned down by voters. The issue of unincorporated urban level development gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties.Tigard currently is precluded from providing urban services to these areas as evidenced by the annexation vote in 2004. Until areas 63 and 64 can be included within an existing city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. City of Tigard 2 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Additionally, Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expansions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. Key Findings • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County.. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development, and public services. Goal: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. Policies: 1. The City shall only approve the extension of City services: 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). 2. The City shall maintain, and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. City of Tigard 3 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. • 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expansion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. 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 the coordination of plans and programs to eliminate duplicity and minimize conflict; and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. 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 mandate 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. 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: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. City of Tigard 4 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • I Policies: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and 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. 5. The City shall periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. 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. Clearly communicate and maintain a positive dialog with unincorporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage and,when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex Goal: 14.3. Promote Tigard citizens'interests in urban growth boundary expansion and other regional and state growth management decision. City of Tigard 5 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 . • Policies: 1. The City shall support regional and state growth management decisions,while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form, prevent future unincorporated urban development, and prevent urban sprawl. 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 to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only provide municipal services within its city limits,in the absence of a signed intergovernmental agreement. 5. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban 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 new lands that are added to the Urban Growth Boundary. iii. 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; and b. prevent blight conditions associated with underserved urban development. v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and population growth. City of Tigard 6 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • ••- ---•-e -- !!! -- - - - - - •- - - - - s annexations. City of Tigard 7 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • a. Identify the urbanizable land within each jurisdiction surrounding Tigard; b. Provide for orderly and efficient transition from urbanizable land to urban land; d. Provide for a process to extend existing services; and e. Provide a process for annexations of land to the City. lapse on January 1, 1981 (or a later date if the parties extend the agreement) and the 1980 limits- POLICIES 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN - r II 1. WATER; 2. SEWER; 3. DRAINAGE; City of Tigard 8 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • 1. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. b. IF REQUIRED BY AN ADOPTE! - • • • ' e • - "e - ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR • . e _ e a . L ... _ _ - • _e _ a 'n a a OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE; AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. c. THE CITY SHALL PROVIDE URBAN SE' . - - e ' - ' - • - • - TICARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH• e. -. . . -.-._ a • ■ . a. _ e _ . a - r _- ' _ BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: - _ _ . _ " e - ' e- " __• • e UNINCORPORATED TERRITORY; OR MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO IS CONTIGUOUS TO THE CITY BOUNDARY; 10.1.1(a). .. e e _ _a_ . r .. • * (Rev. Ord. 81 21) City of Tigard 9 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • 10.2 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS POLICIES 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA)LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE • CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR • .-„ -•-. . • ■ - . - . AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING 3. LAND USE; • b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. • • City of Tigard 10 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • a. Urban development inside Tigard Urban Planning Area (T.U.P.A.) will be encouraged to b. Significant differences between-City/County Comprehensive Plan policies are reconciled 7. The City shall actively seek to include all "unincorporated island"areas into the city. e. . . • .. e . . . . - _ . , -e .• - -. . . • POLICIES 10.3.1 THE CITY SHALL CONSIDER ANNEXATI-ON REQUESTS OUTSIDE THE TIGARD CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. • • 1, . , _ . _ _ _ IS.. a - -- • . . - - - - - - _ . . . - ' - - City of Tigard 11 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • ATTACHMENT 1 August 11, 2008 Introduction Plan Background The City of Tigard Comprehensive Plan acts as the City's "land use constitution". It is the document that provides the broad policy basis for Tigard's land use planning program and ultimately guides all actions relating to the use of land in the city. The Plan also signals that the City's land use planning efforts will implement state and regional requirements,including Oregon's land use planning goals and related laws, state administrative rules, and applicable Metro plans and requirements.As importantly, the Plan acts to coordinate actions with local jurisdictions and state and federal agencies that may have a stake in Tigard's land use policies and implementing regulations and actions. In addition to its legislative and coordination roles, the City of Tigard Comprehensive Plan also reflects community values and aspirations about Tigard's future. The Plan aims to organize City actions and programs that define relationships between land use goals and policies and community livability, economic vitality,provision of needed public facilities, citizen involvement, etc. The 2008 City of Tigard Comprehensive Plan is the first complete update of the City's original 1983 Plan. The goals, policies, and recommended action measures included in this document take into account the broad range of changes that have occurred since the original Plan was adopted and acknowledged by the state 25 years ago. These current conditions and projected trends are summarized in the Tigard 2007 Resource Report,which provides the substantive factual basis for many of the Plan chapters. Citizen involvement was also an integral element in the update of the Plan. The citizen involvement program included many community meetings and public hearings, as well as considering relevant findings from past citizen surveys and 10 years of citizen engagement associated with the Tigard Beyond Tomorrow visioning project. Through these efforts,values and attitudes of Tigard's citizens were incorporated into the updated City of Tigard Comprehensive Plan. Purpose of the Plan and Its Implementation The City of Tigard Comprehensive Plan is required by state law to be consistent with 12 of the 19 Oregon Statewide Land Use Planning Goals. Local jurisdictions within the Metro regional planning boundary must also be consistent and coordinated with relevant Metro requirements such as the Urban Growth Management Functional Plan and the Regional Transportation Plan. To this end, the Oregon Department of Land Conservation and Development (DLCD) has approved or"acknowledged" the City's Plan as being in "compliance"with the statewide planning goals and consistent with Metro requirements. The City undertook the update of the Plan through the state's Post Acknowledgement Plan Amendment (PAPA) process. Each Plan chapter was separately reviewed by DLCD and found compliant with the statewide planning goals. Furthermore, each Plan chapter was subject to public hearings by both the Tigard Planning Commission and the Tigard City Council. During this process legislative findings were made for each chapter concerning consistency with local policy, state goals, and Metro requirements. City of Tigard 1 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft • • Once "acknowledged", the City of Tigard Comprehensive Plan provides the foundation for actions relating to the update and maintenance of its land use planning program. These actions are accomplished though specific legislative proceedings and include the adoption of codes and standards,public facility plans, capital improvement plans, transportation system plans, etc. It is important to stress that state law does not allow comprehensive plan policies to be directly used as decision-making criteria for most land use decisions. In order for comprehensive plan policies to be applicable to decisions (e.g. subdivision/land partition approval, site design review, tree protection), they must be translated into clear and objective standards such as those found in the Tigard Community Development Code. However,plan policies can be applied to discretionary land use decisions, such as conditional use applications. The primary purpose of the City of Tigard Comprehensive Plan policies are to direct decide legislative decisions such as Plan and Zoning Map amendments, special area plan adoption, and as mentioned previously, adopting development regulations. The City of Tigard Comprehensive Plan is also a document that represents the land use vision and values of the community. Many of the Plan's policies are written as mandatory statements,while others have more aspirational qualities. Depending on the situation,both types of policy have the potential to be used by the Tigard City Council and/or the Tigard Planning Commission as decision-making criteria. Ultimately,it is at the discretion of the City's elected leadership whether or not some policy statements versus others are applicable to given circumstances. Even though all goals and policies,including those that are apsirational, are statements of public policy, there are practical limitations to the degree which they can be implemented. The discretion to what degree Plan policies are implemented belongs primarily to the City Council. Implementing measures are subject to constraints such as availability of funds, changes in law (federal, state, or regional),and constitutional limitations. Furthermore, the City and other governments' responsibilities in the areas of public safety may require emergency actions which would otherwise require adherence to specific permit requirements and findings of plan compliance. As the Plan is "comprehensive" in nature, there are no parts which can be considered separately from others. Plan goals and policies are intended to be supportive of one another. However,if conflicts arise between goals and policies when using the plan, the City has an obligation to make findings which indicate why the goal or policy-being supported takes precedence. This involves a decision-making process on part of the City which balances and weighs the applicability and merits of the goals and policies that are in contention. The Plan is also intended to be an organizational and management tool to help guide the decisions of City staff and set City goals relating to the use of land. Because the Plan is based on an in-depth analysis of community values, accepted by a broad range of agencies, and determined to be legally compliant with state law and Metro rules,it is a resource to help guide and inform City decisions. However, from an operational perspective the plan is not mandatory. The City can conduct its operations and develop projects consistent with applicable law including its own land use codes and standards. For the Comprehensive Plan to remain relevant,it needs to be updated periodically to be responsive to changing conditions. In fact, state law requires jurisdictions to periodically review their plans. The updated City of Tigard Comprehensive Plan emphasizes several times the importance of City of Tigard 2 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft • • updating/revising the Plan as needed to ensure it is current and responsive to community needs and consistent with applicable laws. Format of the Plan The City of Tigard Comprehensive Plan is organized by chapters that address each applicable Statewide Land Used Planning Goal.Additionally, areas identified as having unique planning needs or land use characteristics are identified under the title of"Special Planning Areas." Every chapter begins with a background and key findings summary followed by goals,policies and recommended action measures. A glossary of key terms is at the end of the document, as are descriptions of Tigard's Comprehensive Plan Map designations. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Goals,policies and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end,but do not signify an obligation themselves.The following describes goals,policies, and recommended action measures in greater detail. 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 City of Tigard Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Plan, the City must show consistency with the Statewide Land Use Planning Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition -A statement which outlines a specific City project or standard which,if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Plan goals and policies. City of Tigard 3 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft • • 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 Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. City of Tigard 4 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction-Draft • • ATTACHMENT 2 Glossary 100-year Floodplain—An area of land adjacent to a river, stream,lake, estuary, or other water body that FEMA identifies as having a 1% chance of being inundated by flood waters in any year. (FEMA) Adaptive Management-A management approach that seeks to improve the effectiveness of a policy or process by establishing measurable baseline conditions and desired end goals,periodically measuring the success of existing actions against those goals,and making corrections as necessary to improve success. Affordable Housing- The accepted definition found in federal and state programs is housing that costs a household no more than 30% of its gross income for rent and utilities. (U.S. Department of Housing and Urban Development) Biodiversity-The full range of variety and variability within and among living organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species diversity, and genetic diversity. (US Congressional Biodiversity Act, 1990) Citizen-Any individual within the planning area;any public or private entity or association within the planning area,including corporations,governmental and private agencies, associations, firms, partnerships, joint stock companies and any group of citizens. Citizen Involvement Program -A program established by a city or county to ensure the extensive, ongoing involvement of local citizens in planning. Such programs are required by Goal 1, "Citizen Involvement," and contain or address the six components described in that goal. (State of Oregon) 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. Committee for Citizen Involvement (CCI) —A local group appointed by a governing body for these purposes: assisting the governing body with the development of a program that promotes and enhances citizen involvement in land use planning;assisting in the implementation of the citizen involvement program; and evaluating the process being used for citizen involvement. (State of Oregon) Community Recreation Facilities—The wide variety of indoor and outdoor sports and leisure facilities owned and operated to promote the health and well-being of the public. Some are used primarily for active recreation, others designated for passive uses,with some overlap among or within individual facilities. Community Parks (Greater than 15 acres) - Provide a variety of active and passive recreational opportunities for all age groups. These parks are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. City of Tigard Planning Commission Workshop CPA2008-00009 1 Comp Plan Glossary—Draft ! • Compatibility—The ability of adjacent and/or dissimilar land uses to co-exist without aesthetic, environmental, and/or operational conflicts that would prevent persons to enjoy, occupy, or use their properties without interference. A variety of remedies to compatibility conflicts are normally provided in a jurisdiction's land use program;including limited land use designation,buffering, screening, site and building design standards, transportation facility design, etc. Development—Any man-made change to improved or unimproved real property,including,but not limited to, construction,installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land,grading,clearing, removal or placement of soil,paving, dredging, filling, excavation, drilling or removal of trees. (FEMA) Downtown Tigard—The area of the City that is included within the Urban Renewal District. Economic Gardening- Strategies and programs aimed at helping a community's existing businesses and entrepreneurs grow into healthy,vibrant companies with a strong employment base. (Portland Regional Partners for Business) Efficient Use of Land—Utilization of urban lands in a way that prevents urban sprawl,maximizes the use of existing infrastructure,reduces the need for automobile travel, conserves energy, and provides for easy access to needed goods and services. The efficient use of land also means the application of development principles that result in less land being utilised to accommodate specific uses, thus resulting in compact urban development. Effective Impervious Area- Impervious area such as rooftops, streets, sidewalks, and parking areas do not allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or wetland system via pipes or sheet flow is considered"effective impervious area", because it effectively drains the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is considered "ineffective" because the water is allowed to infiltrate through the soil and into ground water,without a direct connection to the stream or wetland. (Clean Water Services) Employment and Industrial Areas -Areas identified in Title 4 of the Metro Urban Growth Management Functional Plan as being important to the region's economy. These areas are subject to certain limitations on the type and scale of non-industrial uses. (Metro) Encourage—Support, advocate, or take affirmative action to achieve a particular community objective. Environmental Performance Standards —Located in the Tigard Community Development Code Chapter 18.725, their purpose is to apply the federal and state environmental laws,rules,and regulations to development within the City of Tigard. Family Wage -The average covered pay per worker across all industries, typically at the county level. (Oregon Economic and Community Development Department) City of Tigard Planning Commission Workshop CPA2008-00009 2 Comp Plan Glossary—Draft • Feasible—Reasonably capable of being done,executed, or effected with the means at hand and circumstances as they are;practicable. Federal Emergency Management Agency (FEMA) —The federal agency responsible for administering the National Flood Insurance Program Fine Particulate Matter—Air pollution comprised of solid particles or liquid droplets that are less than 10 microns in diameter or less than 2.5 microns in diameter. Particles in these size ranges are of great concern because they can be inhaled deeply into the lungs where they can remain for years. (State of Oregon) Floodplain—The area adjoining a stream, tidal estuary, or coast that is subject to regional flooding. (FEMA) Franchise Agreements —The right to provide service granted to a person pursuant to the Tigard Municipal Code,including the establishment of rates by the City. Full Service Recreation Facilities - Recreation facilities that provide a diverse, as opposed to a limited, array of recreation choices.Together, these facilities allow for a wide spectrum of recreational programs and activities that meet the recreational and leisure needs of community . residents. Functions and Services —The physical, chemical,and biological processes or attributes that contribute to the self-maintenance of a natural system and the benefits human populations derive, either directly or indirectly, from them.An example of a function is the provision of wildlife habitat or the trapping of nutrients,while a service would be supporting the food chain or provision of clean water. Goal—A general statement indicating a desired end or the direction the City will follow to achieve that end. Green Concepts and Practices -Refers to measures to increase re-use and recycling programs, on-site filtration,integrated pest management, the utilizing of new technologies for conservation and energy efficiency,and other best management and operation practices. Greenspace/Greenway (Size should be adequate to protect the resource) -An area of natural quality that protects valuable natural resources and provides wildlife habitat. It also provides opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Habitat—An area upon which fish and/or wildlife depends in order to meet their requirements for food,water, mobility, security, and reproduction. Hazardous Tree - a tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. (International Society of Arboriculture) City of Tigard Planning Commission Workshop CPA2008-00009 3 Comp Plan Glossary—Draft • Hazardous Waste—A solid waste (solid waste includes solids,liquids and compressed gases) that possesses at least one of four characteristics (ignitibility, corrosivity, reactivity, or toxicity), or that appears on federal or state official lists of hazardous wastes.A solid waste is a hazardous waste if is: • Defined by Title 40 of the Code of Federal Regulations (CFR),Part 261 as a hazardous waste; or •A "state-only"waste defined as hazardous in the State of Oregon. Oregon includes six categories of waste in OAR 340-101-0033. (State of Oregon) 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. Household Hazardous Waste—Any discarded,useless, or unwanted chemical materials or products that are or may be hazardous or toxic to the public or the environment and are commonly used in or around households. Residential waste that is ignitable, corrosive,reactive, or toxic. Examples include solvents,pesticides, cleaners, and paints. (State of Oregon) 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. Industry Cluster- Groups of similar and related firms in a defined geographic area that share common markets, technologies,worker skill needs, and which are often linked by buyer-seller relationships. (Oregon Business Plan) Innovative Business -A business involved in the creation of new knowledge (invention);the transformation of new knowledge into new products,processes, systems or services (translation) ; and/or the creation of economic value with new products, processes, systems or service (commercialization). (Oregon Economic and Community Development Dept.) Intelligent Transportation Systems—A broad range of diverse technologies which,when applied to our current transportation system, can help improve safety,reduce congestion, enhance mobility, minimize environmental impacts, save energy, and promote economic productivity. Intergovernmental Agreement (IGA) —The most common method,usually in the form of a signed legal contract, for neighboring jurisdictions to cooperate on providing services or implementing programs. Invasive Species -Plants, animals, and microbes not native to a region,which when introduced either accidentally or intentionally, out-compete native species for available resources,reproduce prolifically, and dominate regions and ecosystems. Because they often arrive in new areas unaccompanied by their native predators, they can be difficult to control. Left unchecked,many have the potential to transform entire ecosystems, as native species and those that depend on them for food, shelter, and habitat disappear. City of Tigard Planning Commission Workshop CPA2008-00009 4 Comp Plan Glossary—Draft Landslides—The downslope movement of rock, soil, or related debris that is recognized as a natural hazard. Leadership in Energy and Environmental Design (LEED) —A nationally accepted benchmark for the design, construction,and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings'performance.LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development,water savings, energy efficiency,materials selection, and indoor environmental quality. Linear Parks (Of adequate size to protect natural resources and accommodate intended uses) - May be.developed along built or natural corridors to provide opportunities for trail-oriented outdoor recreation. Linear parks may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Linear parks connect residences to major community destinations. 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. Metro—The regional government of the Portland metropolitan area. The elected Metro Council is the policy setting body of the regional government. Mixed Use Zoning—An area of land within the Tigard city limits designated for buildings or structures with a variety of complementary and integrated uses, such as, but not limited to, residential, office,manufacturing,retail,public or entertainment,in a compact urban form. Municipal Separate Storm Sewer System (MS4) Permit—Required by Section 208 of the Clean Water Act and held by Clean Water Services, the permit requires the implementation of stormwater pollution prevention plans or stormwater management programs (both using best management practices) that effectively reduce or prevent the discharge of pollutants into receiving waters. National Ambient Air Quality Standards—Established by the United States Environmental Protection Agency, the standards are designed to regulate air pollutants that are harmful to people and the environment. Primary standards are set at levels meant to protect human health,including sensitive populations such as children, the elderly, and individuals suffering from respiratory disease. Secondary standards are designed to protect public welfare (e.g. building facades,visibility, crops, and domestic animals). National Pollution Discharge Elimination System (NPDES) Permit—Held by Clean Water Services, the permit is required by the Clean Water Act,which prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit contains limits on what can be discharged,monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants. City of Tigard Planning Commission Workshop CPA2008-00009 5 Comp Plan Glossary—Draft S Natural Area—City-owned land and water that has substantially retained its natural character and provides important habitat for plant,animal, or aquatic life. Such areas are not necessarily completely natural or undisturbed,but can be significant for the study of natural, historic, scientific, or paleontological features,or for the appreciation of natural features. (Statewide Planning Goals) Natural Resources—resources and resource systems identified in Statewide Planning Goal 5 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 fish,wildlife and people. It will add more hands-on capacity for conservation education and habitat restoration. Neighborhood Parks (4 to 14 acres) —The foundation of the parks and recreation system, they provide accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Open Space—Public or privately owned areas,both undeveloped or minimally developed,intended for nature-oriented recreation and the protection of natural resources. Open spaces may include developed facilities that support outdoor recreation and trail-oriented recreation. Park Services -A generic term used to refer to parks,recreation, trails, and open spaces collectively. Parks System Development Charges - Charges assessed to new developments for the acquisition and development of parks, open spaces, and paved trails. They are assessed based on the cost of providing these services to new City patrons. Peak Oil—The point in time when the world's endowment of oil has been 50 percent depleted. Once the peak is passed, oil production will begin to decline as costs begin rise. Pocket Parks (2,500 square feet to 2 acres) -Provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. 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. City of Tigard Planning Commission Workshop CPA2008-00009 6 Comp Plan Glossary—Draft 4 Proven Community Need—Evidence required to amend land use map(s),which ensures that the new land use being proposed is needed in the community in that particular location,versus other appropriately designated and developable sites. Public Facilities and Services—Publicly funded infrastructure and services, such as public safety, sanitary sewers, domestic water,water quality,parks, transportation,governance, etc. that are required for the community's safety, health,welfare,prosperity, and quality of life. Public Facility Plan—A support document or documents to the Comprehensive Plan that describes the sewer,water, and transportation facilities needed to support the land uses and densities designated in the Plan. It is less specific than a Capital Improvements Program and required by Oregon law for cities with a population of 2,500 or more. Public Interest—Shared interests often expressed as commonly held values that are perceived to be of general benefit to the whole community and the welfare of the general public versus that of specific entities, and which warrant recognition,promotion, and protection by the City. 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. Renewable Energy—Energy sources that are replenished by natural processes on a sufficiently rapid time-scale. They can be used by humans more or less indefinitely,provided the quantity taken per unit of time is not too great. Rent—Payment over time for the use of City property for private wetlands mitigation. The term is used in the 1996 COT resolution (Res 96-42) pertaining to such use. Right-of-Way Usage Fee—Annual payment calculated as a percentage of gross revenue and assessed to all persons using a utility system or facility in the right-of-way to provide service to customers within the City of Tigard. Riparian Corridor—A Goal 5 resource area adjacent to a river,lake, or stream, and consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem. It includes the water areas, fish habitat, adjacent riparian areas, and wetlands. (Statewide Planning Goal 5) Riparian Habitat—Areas located within and dependent upon the unique habitat elements provided within a riparian corridor. Sensitive Lands—As defined in Chapter 18.775.010.G of the City of Tigard Community Development Code. City of Tigard Planning Commission Workshop CPA2008-00009 7 Comp Plan Glossary—Draft • Severe Weather Hazards—This broadly defined hazard category includes windstorms, severe winter hazards (e.g., snow,ice,prolonged cold), thunderstorms, tornadoes, drought, prolonged extreme heat and other weather conditions that disrupt vital regional systems and threaten lives and property (Metro Regional Hazard Mitigation Policy and Planning Guide). Solar Access—Ability of sunlight to reach a solar collector unimpeded by trees, fences,buildings, or other obstruction. Solid Waste Collection and Disposal—Act of ensuring that any material no longer usable by the generator,producer, or the source of the material is properly disposed of or resource-recovered by another person. Special Needs Housing- Housing units which are available to a specific population, such as elderly, disabled, homeless, or people recovering from drug or alcohol abuse. Special Use Area (variable depending on desired size) -Public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks,golf courses, display gardens,recreation centers, and a wide range of other activities and facilities. Stormwater- Precipitation that accumulates in natural and/or constructed storage and conveyance systems during and immediately following a storm event. Stormwater Management—Functions associated with planning, designing,constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control, and/or convey stormwater. 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. System Development Charge—A reimbursement fee,an improvement fee, or a combination thereof, assessed or collected at the time of increased usage of a capital improvement or the issuance of a development permit,building permit, or connection to the capital improvement. Tigard Urban Planning Area—Area identified in the Tigard Urban Planning Area Agreement (required by Statewide Land Use Planning Goal 2)with Washington County that will ultimately be under governance by the City. Tigard Urban Services Area (TUSA) —Area identified in the Tigard Urban Services Area Agreement (required by ORS 195) for which ultimate service providers are identified to ensure appropriate planning and delivery of urban level services. Total Maximum Daily Load (TMDL) - Calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the City of Tigard Planning Commission Workshop CPA2008-00009 8 Comp Plan Glossary—Draft • pollutant's sources.A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes the State has designated. The calculation must also account for seasonal variation in water quality. Traded Sector- Business sectors that sell goods and services outside the region to the broader state, national, and international markets; and/or produces goods and services that normally would have to be imported into the community. These businesses bring income into the community or region and keep local income from going elsewhere. (Oregon Business Plan) Trails and Connectors - Public access routes for commuting and trail-oriented recreational activities including sidewalks,bikeways,multi-use trails, and paths. Up-to-date—Being in accord with relevant facts, knowledge, techniques, styles, etc. Upland Habitat—All habitats beyond a riparian corridor. Urban Growth Boundary—Managed by Metro, a boundary that acts as a tool to protect forest and farmland from urban sprawl and promotes the efficient use of land, public facilities and services inside the boundary. • Urban Forest-Broadly defined as all the trees within the City collectively. Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species,genetics, abundance and age. Diversity in structure means variation and abundance of vertical and horizontal arrangement, heterogeneity, forest density,micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession, and value as green infrastructure. Urban Interface Zone—The zone is located at the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. Wastewater System-An underground carriage system that is responsible for transporting sewage from houses,businesses, and industry to a treatment facility. In the City of Tigard, they are operated separately and independently of the stormwater system. Sanitary lines generally consist of laterals (services to a particular unit),mains, and manholes (or other various forms of traps). 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. (Statewide Planning Goal 5) Wildfire—An uncontrolled fire which is burning on foresdand and which is damaging, or is threatening to damage, forest resources or structures. Workforce Housing-Workforce housing can be rental and ownership market housing units that are affordable to households with incomes between 60-120%of median family income. (Urban Land Institute) City of Tigard Planning Commission Workshop CPA2008-00009 9 Comp Plan Glossary—Draft • • ATTACHMENT 3 August 18, 2008 Planning Commission City of Tigard RE: Comments on Definitions Section for the revised City of Tigard Comprehensive Plan Dear Planning Commission members: Citizens such as myself have spent considerable time and effort in participating in the revisions of Tigard's Comprehensive Plan(CP),yet have little input on the Definitions section. We have the following comments for tonight's workshop. Some of these comments we provided in May at the Commission's workshop on Natural Resources,but we find that again, our comments have been omitted from the staff's latest Definition section. • There need to be Definintions for the following, as all of these are addressed either in the Parks,Recreation, Trails &Open Space or Natural Resources sections of the CP. • Both the PC and staff agreed at the last workshop in May that *examples would be included in the Definitions section. o "Community Parks"—Add"Community Parks often include natural areas or open space that provide important wildlife habitat as well as providing nature oriented recreation such as bird watching." "Examples include Cook Park and Summerlake Park." o "Greenspace/Greenway"—Remove the wording"Size should be adequate to protect the resource." We have many areas in our greenways that are small (less than 5 acres)but that provide crucial habitat for migratory birds, amphibians and many other species. Bonita Park for example, contains the rare lilly camas in an area less than 1 acre but that small greenway is important in offering habitat for a rare and unique plant in Tigard. o "Open Space" - Add,"Open space may also include areas set aside solely for the protection and conservation of fish and wildlife habitat and species." This comes directly from wording in the adopted Policies section of Parks/Recreation/Open Space section of the Comp. Plan. o "Rare"—There needs to be a definition for"rare"as this is addressed in the Parks,/Trails/Open Space section. Rare can be defined as"A plant, fish, wildlife or plant community that is considered unique,uncommon,unusual,or occurs infrequently. In some cases, rare species may also be listed by state and/or federal agencies." Examples of rare species in Tigard are several fish species, western pond turtles,Northern red-legged frogs, camas,western red cedar/skunk cabbage bog plant community and oak prairie habitat. • S • o "Upland Habitat"—Add, "Upland habitats include for example, * oak prairie (in Bonita Park),Ponderosa Pine/Oak camas prairie (Fowler Middle School open space), and Mixed conifer forest in Cook Park. o "Wetland"—Use the definition accepted by the Division of State Lands. o Comprehensive Plan Map Legend/"Open Space"—Change current definition to read"These are areas designated to be retained in a natural state. In those areas where appropriate and where natural resources and not negatively impacted, some development of recreational uses may occur," o Include definitions for both State and Federal listings including"Threatened, Endangered or Sensitive" listed species (these are on-line). Thank you all for your time and consideration in this matter. Sincerely, Susan Beilke, Board Member,Fans of Fanno Creek Vice-President,Friends of Summer Creek • • MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: Darren Wyss, Senior Planner RE: Meeting on August 18, 2008 DATE: July 28, 2008 On Monday,August 18`h, the Planning Commission will hold a public hearing on the comprehensive plan amendment (CPA2008-00006) to update goals,policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. The Planning Commission previously reviewed the amendment language while hosting two Policy Interest Team (PIT) meetings on July 2151 and August 4h. Staff forwarded the language formulated by the PIT to the city attorney for review to ensure consistency with state and regional law. The city attorney found the language to be consistent with applicable laws, but made one suggestion to tighten the language to account for any possible changes to state law. This suggested change (Policy 3,under Goal 14.2) is as follows: 3. The City shall approve proposed annexations based on findings that the request can be , accommodated by the City's public facilities and services; and Arca. is consistent with applicable state statute. The suggested change is based on the City having to follow state law on the annexation of property. Current state law allows for annexing unincorporated islands or contiguous pieces of property. This is consistent with the language finalized by the PIT as the policy language essentially spelled out current state law. The change as suggested by the city attorney covers the original PIT language without repeating state law,while also being flexible to accommodate any possible changes to annexation law that may occur in the future. Staff recommends adopting the language as proposed by the city attorney. After the public hearing on CPA2008-00006, the Commission will hold a workshop on the Introduction and Definitions sections of the Tigard Comprehensive Plan update. The Commission has previously reviewed the definitions a chapter at a time as staff brought individual amendments through the legislative process. The glossary is based on accepted federal, state, or regional definitions or,when not defined there, on widely accepted mainstream definitions. The Policy Interest Team, the Planning Commission, and the City Council have provided input on terms to be defined and accepted definitions throughout the process of updating the entire Comprehensive Plan. 1 • Please review the Introduction and Definitions and if you have any questions, or would like to see more terms defined, please be sure to contact me at darren(a�tigard-or.gov or 503-718-2442. See you on Monday the 18th. 2 • • At the Aug 4th Planning Commission meeting, the question was asked if anyone knew in what profession Lisa Hamilton-Treick was employed. Staff answered that we thought she was a real estate agent. Staff wanted to follow-up and confirm that statement. • Lisa Hamilton-Treick ABR,CRS,GRI,SRES Broker/ Owner Hamilton Realty • Local Knowledge Working for You! i/ I IallllltOl1 Ite.tit\ 503-579-1203 www.HamiltonRealtyGroup.com o • Lisa @HamiltonRealtyGroup.com 7 • Your Bull Mountain / King City /Tigard Area Specialist ®N Single Level w/Huge Shop on 1.5 Acres 2400±sq ft `La •e c°e of*'fit,: www.RiverMeadeOregori.com $649,900 : wW4:4shAve?gard com. .. :. . _ 369,900 Idea l,iBeaveorr.Fixer.;- .0�-. SOLD Single Level Townhome with Garage Via, a mlJ/nRea G ou•.com $200000 www.WeslbrookBeaverton.com $189,000 • • Agenda Item: Hearing Date: August 18,2008 Time: 7:00 PM STAFF REPORT TO THE v PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION FILE NO.: Comprehensive Plan Amendment(CPA) CPA2008-00006 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A - 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement;Land Use Planning;Parks,Recreation,Trails, and Open Space;Public Facilities and Services;Transportation;and Urbanization; Metro Functional Plan Title 11;and Statewide Planning Goals 1, 2, 8, 11, 12,and 14. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds this request to meet the necessary approval criteria. Therefore, staff recommends that the Planning Commission RECOMMENDS to the Tigard City Council that it amends the Tigard Comprehensive Plan as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 1 OF 17 • • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land,resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways,does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams moved at their own pace, Staff brought a series of Comprehensive Plan Amendments (CPA) through the legislative process over the past year. Each CPA corresponded to a Statewide Planning Goal that is applicable to Tigard. The CPA strikes the appropriate language from the existing plan and replaces the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Urbanization (Goal 14). The Planning Commission held a joint meeting with the City Council to discuss current issues related to Urbanization. The Commission then acted as host to two Policy Interest Team meetings where they worked with citizens to discuss and formulate the draft goals, policies, and recommended action measures. The Planning Commission and citizens were comfortable with the language and found consensus to bring the language to public hearing for recommendation at this point. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 2 OF 17 • • Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is part of a series of amendments that has updated the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 14 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's land use planning program. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Poliy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 3 OF 17 • • 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. SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Citizen Involvement o Land Use Planning o Parks, Recreation,Trails, and Open Space o Public Facilities and Services o Transportation o Urbanization •Applicable Metro Standards o Title 11 • Statewide Planning Goals o Goals 1,2, 8, 11, 12,and 14. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure,Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 4 OF 17 • I Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 5 OF 17 • • Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the July 31, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings,posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and STAFF REPORT TO TI-IE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 6 OF 17 • • commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: This policy is satisfied through the clear direction given by all goals and policies included in the proposed amendment. The City's position on the annexation of property,its support of regional and state growth management decisions,its plan to accommodate more intense urban land uses in Metro designated centers/corridors, and the proper planning and delivery of public services is clearly stated throughout the language. All of the aforementioned subjects are a vital part of the City's land use program. The goals and policies, specifically Goal 14.1, policies 2, 3, and 5 and Goal 14.2, policies 3 and 5, also show compliance with Statewide Planning Goal 2 that requires planning coordination and Oregon Revised Statute 195 that requires urban service coordination. Goal 14.3 and its associated policies address serving the interests of the citizens of Tigard. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond.Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. This policy is satisfied. Policy 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. Findings: The language included in the proposed amendment, specifically Goal 14.3,Policy 3,is consistent with this policy. The proposed policy states the City's position to accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with the Metro Framework Plan. This policy is satisfied. Policy 13. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected to be within the City limits during the planning period. Findings: The language included in the proposed amendment, specifically Goal 14.2,Policy 5,is consistent with this policy. The proposed policy states the City's position to periodically update STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 7 OF 17 • • and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. This policy is satisfied. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan relative to Statewide Land Use Planning Goal 14: Urbanization. The primary intent of the update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 8: Parks, Recreation.Trails, and Open Space Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents, including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policy 11. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize funding and facility resources, and improve park and recreational opportunities. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. This policy is satisfied. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive stormwater management system. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the stormwater system. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 8 OF 17 • • Policy 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 1,is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 5,is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the wastewater system. This policy is satisfied. Policy 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 1,is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policy 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. Findings: The language included in the proposed amendment, specifically Goal 14.2,Policy 5,is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan is required by Statewide Planning Goal 11 (OAR 660-015) and describes the facilities and funding needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 3,is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies and districts to plan and locate facilities in the best interest of all, and to ensure the proper infrastructure exists to support the facilities. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 9 OF 17 • • Topic 8: Transportation (Original Comprehensive Plan format) Policy 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 5,is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding, including transportation, needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 8.2.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE,REGIONAL AND LOCAL JURISDICTIONS. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 3,is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies in the planning process for the region's multi-modal transportation system. This policy is satisfied. Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE;AND 6. FIRE PROTECTION. * Most intense use allowed by the conditions of approval,the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 10 OF 17 • • c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. Findings: This policy is satisfied by the proposed amendment through Goal 2.1 and specifically Policies 8, 9, and 12. Policies 8 and 9 outline development's commitment and requirement for ensuring available public facilities and the mechanisms that may be used to fund these improvements. Policy 12 directs the City's planning efforts regarding the provision of public facilities and services within its Urban Planning Area. Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF UNINCORPORATED TERRITORY;OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; c. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION,THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING DESIGNATION. (Rev.Ord. 84-21) Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY(USA) LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY;OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY;OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. Policy 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS,THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS;OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING ORDINANCES: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 11 OF 17 • • a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. Policy 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. Policy 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING AREA IN A MANNER WHICH WOULD RESULT IN AN IRREGULAR PLANNING AREA AND INEFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES. Findings: Current Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2 will be deleted and replaced in their entirety by proposed amendment Goal 14.1, 14.2, and 14.3 and the associated Policies (see Exhibit A). Updating the goals and policies is consistent with the post acknowledgement plan amendment procedures as outlined in Oregon Revised Statute 197.610-625 and Oregon Administrative Rule 660 Division 18. This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 14 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, and reviewed by affected agencies. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 11: Planning for New Urban Areas — require and guide planning for conversion from rural to urban use of areas brought into the UGB. It is the intent of Title 11 that development of areas brought into the UGB implements the Regional Framework Plan and 2040 Growth Concept. Findings: The City is committed to implementing the Metro Urban Growth Functional Plan. The proposed amendment confirms this commitment through the goals and policies contained within, particularly Goal 14.3, Policies 1, 2, and 3. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept. Title 11 is satisfied. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 12 OF 17 • • THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team (hosted by the Planning Commission), and submitting written comments via the website. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the July 31, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 8—Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and,where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings: The language included in the proposed amendment, specifically Goal 14.1,Policy 5,is consistent with Goal 8. The proposed policy states the City's position to maintain agreements with STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 13 OF 17 • • service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. These measures endeavor to satisfy the needs of all citizens and visitors. This goal is met. Statewide Planning Goal 11:Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: Goal 11 (OAR 660-015) requires cities with a population greater than 2500 persons to develop and adopt a public facility plan. The City is in compliance as it adopted the Tigard Public Facility Plan in 1991 as part of periodic review of the comprehensive plan. Oregon Revised Statute 195 also requires units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2500 persons to enter into urban services agreements. The City is in compliance as the Tigard Urban Services Agreement was signed in July 2006. The proposed amendment, specifically Goal 14.1, policies 2 and 5, directs the City to maintain agreements with Washington County and service districts to define provision roles, to coordinate plans and programs, and to maintain consistency with the adopted public facility plan. Goal 14.2, policy 5, further directs the City to periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Based on the City's current compliance and its commitment to continue compliance with Goal 11, the goal is met. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 5,is consistent with this goal. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding needed, including transportation, to support the land uses and densities designated in the Comprehensive Plan. Goal 12 is met. Statewide Planning Goal 14: Urbanization To provide for an orderly and efficient transition form 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. Findings: Goal 14 requires the establishment of urban growth boundaries (UGB) and outlines the parameters for amending the boundary. UGBs 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. Amendments to the UGB must be adopted by all cities in the Metro region, including the City of Tigard. The Metro UGB is currently in compliance with Goal 14, as are the City's comprehensive plan policies. The City is committed to continued compliance with Goal 14. The proposed amendment confirms this commitment through the all goals and policies contained within. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 14 OF 17 • ! the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept and Metro Functional Plan Tide 11. The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Current Planning Division, Administrative Department, and Police Department has had an opportunity to review this proposal and have no objections. The City of Tigard's Public Works Department had an opportunity to review this proposal and had the following comments. Goal 14.1, Policy 1 is not consistent with the Tigard Water District/City of Tigard IGA. Findings: This policy states the City will not approve the extension of City services without annexation approval. As the City currently provides water outside of its boundaries through intergovernmental agreements with Durham, King City, and the Tigard Water District, services would not be extended unless the Tigard Water Service Area is extended. Staff feels the policy is does not create conflict with the existing agreements and recommends no changes. Goal 14.3, Policy 4 is not consistent with our current IGA with the Tigard Water District. Findings: This policy was amended by the Planning Commission based on the Public Works comment. The policy now states the City will only provide services outside its boundaries with an approved IGA. The policy is now consistent with the IGA and staff recommends approval. CONCLUSION: Based on comments from City staff, and the changes made by the Planning Commission, staff finds the proposed amendment does not interfere with the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 15 OF 17 • . Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1, District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Water District Tualatin Valley Fire & Rescue Tri-Met Transit District The City of Lake Oswego and the City of Tualatin had an opportunity to review this proposal and have no objections. Clean Water Services had an opportunity to review this proposal and had the following comments (Exhibit B): We recommend following any and all relevant provisions of the current Intergovernmental Agreement between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available online) for all issues relating to development,vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. Findings: The Clean Water Services Design and Construction Standards implement Metro's Title 3 requirements through a jurisdiction's development code. The City of Tigard has adopted the Standards into the Tigard Community Development Code. Policy language is included in the Tigard Comprehensive Plan under Goals 6 and 11 that direct the City to comply with all state and regional standards,which includes the Clean Water Services standards. Therefore, staff . recommends not including any further language in this proposed amendment. CONCLUSION: Based on responses from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 16 OF 17 • Qet."—..„— S August 11 2008 PREPARED BY: Darren Wyss DATE Senior Planner i 4 ,41E.�A• % aft. A IA-. August 11,2008 APPROVED BY: Ron Bu ch DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 17 OF 17 • • EXHIBIT A August 18, 2008 Urbanization A significant challenge faced by many communities is how to manage growth,particularly the transition from rural to urban land uses, or redevelopment to more intense land uses.As Tigard moves into the future, the City must manage growth for the benefit of its citizens and businesses. The City must ensure that growth decisions result in high-quality development, protect natural resources, provide services in a coordinated and logical manner, and are fiscally sound. The thoughtful planning of growth will help to accommodate future population and employment,while addressing the community's desire for a high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coordinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. Goal 14: Urbanization "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." 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. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan(UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives(RUGGO), are part of the Regional Framework Plan(1997). The Regional Framework Plan includes Metros 2040 Growth Concept(1995),which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metro's 2040 Growth Concept City of Tigard 1 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland,Lake Oswego, Durham,Tualatin, and King City,while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part,reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks,library, emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorporated urban level development are the primary issues facing the City's growth management decisions. There are few large,vacant parcels of developable land remaining in the City,but there are significant opportunities for redevelopment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with agencies/districts that provide services within Tigard Urban Services Area (TUSA). The agreement outlines the role,provision, area, and planning/coordination responsibilities for service providers operating with the TUSA. The TUSA is important to the City,particularly the planning and coordinating with special districts, because it helps the City to ensure the best services are provided to its citizens. 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. The City put forward a plan to annex the unincorporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents overwhelmingly passed the measure, but residents in the area to be annexed soundly defeated it, thus leaving the status quo. Then in 2006 an incorporation effort took place to form the City of Bull Mountain and was again turned down by voters. The issue of unincorporated urban level development gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Tigard currently is precluded from providing urban services to these areas as evidenced by the annexation vote in 2004. Until areas 63 and 64 can be included within an existing city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. City of Tigard 2 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Additionally,Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expansions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. Key Findings • Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. • Unless current state law and county policies change,it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. • The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development, and public services. Goal: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. Policies: 1. The City shall only approve the extension of City services: 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). 2. The City shall maintain, and amend when necessary,agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. City of Tigard 3 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 . . 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expansion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. 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 the coordination of plans and programs to eliminate duplicity and minimize conflict;and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. 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 mandate 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. 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: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. City of Tigard 4 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • I Policies: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and 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. 5. The City shall periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. 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. Clearly communicate and maintain a positive dialog with unincorporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage and,when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex Goal: 14.3. Promote Tigard citizens'interests in urban growth boundary expansion and other regional and state growth management decision. City of Tigard 5 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • Policies: 1. The City shall support regional and state growth management decisions,while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form,prevent future unincorporated urban development, and prevent urban sprawl. 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 to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only provide municipal services within its city limits,in the absence of a signed intergovernmental agreement. 5. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban 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 new lands that are added to the Urban Growth Boundary. iii. 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; and b. prevent blight conditions associated with underserved urban development. v. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and population growth. City of Tigard 6 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • • r- Findings - .- •- --- • - = = = - annexations. City of Tigard 7 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • ._ ■ . ,a— A ■. . a. Identify the urbanizable land within eash-}ufisdiction surrounding Tigard; b. Provide for orderly and efficient transition from urbanizable land to urban land; d. Provide for a process to extend existing services; and e. Provide a process for annexations of land to the City. • The City has made a significant effort in the past to manage the location and type of growth, limits. 10.1 ANNEXATION OF LAND POLICIES 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO P. . • . .- SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; City of Tigard 8 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • 4. STREETS; 5. POLICE; AND 6. FIRE PROTECTION. b. IF REQUIRED BY AN ADOP ! - !! ! • - ' !` - ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH TI-IC FO1 1 OWING_• OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE;AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. c. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE e. r. . ■ . . _ _ r - • r . 3. THE ANNEXATION ELIMINATES AN EXISTING "POCKET' OR "ISLAND" OF II PP SP ; SP b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT • ! „ . - - - _ , r! . • _ r ■ . _ _ .. d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; 10.1.1(3). • ■ .. ■ • . . _ ■. A! . * _ . r ■. . ■ r. (Rev. Ord. 81 21) City of Tigard 9 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • 10.2 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS POLICIES 10.2.1 THE CITY SHALL NOT APP-ROVE THE EXTENSION OF CITY OR UNIFIED a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE -.- _ _ , . . , . _ .- . ■ . - , , 0, COUNTY AND SUBMITTED TO THE CITY; OR c. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS • DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO , . . . . • .- b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING a. LAND USE; b. DENSITY; c. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT;AND e. DRAINAGE. 2. The City shall direct its annexation policies to conform with and support the City's City of Tigard 10 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • • e. • POLICIES 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE .. _ _ 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING • • . • _ . . - . _ .. . - - - - ' - - • . - - - - City of Tigard 11 Goal 14:Urbanization Planning Commission Hearing CPA2008-00006 • EXHIBIT B CleanWater Services Our commitment is clear. MEMORANDUM DATE: July 31, 2008 FROM: David Schweitzer, Clean Water Services TO: Darren Wyss, Associate Planner City of Tigard Planning Division SUBJECT: Review Comments—Planning Goal 14 Urbanization, 2008-00006 CPA GENERAL COMMENTS • We recommend following any and all relevant provisions of the current Intergovernmental Agreement (IGA)between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http://cleanwaterservices.org/PermitCenter/DesignandConstruction/Update/default.aspx) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. 2550 SW Hillsboro Highway• Hillsboro,Oregon 97123 Phone:(503)681-3600• Fax:(503)681-3603 •www.CleanWaterServices.org