Loading...
05/19/2008 - Minutes CITY OF TIGARD PLANNING COMMISSION Meeting Minutes May 19, 2008 1. CALL TO ORDER President Inman called the meeting to order at 7:04 PM. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman, Commissioners: Anderson (late), Caffall, Doherty, Fishel, Muldoon, Vermilyea (late), and Walsh Commissioners Absent: Hasman Staff Present: Ron Bunch, Assistant Community Development Director; John Floyd, Associate Planner; Marissa Daniels, Associate Planner; Doreen Laughlin, Administrative Specialist II 3. COMMUNICATIONS - Commissioner Walsh reported on the City Council meeting that he had attended regarding trees. He said that Janet Gillis (free Board) had spoken and the things went well. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Doherty, seconded by Commissioner Walsh, to approve the May 5, 2008, meeting minutes as submitted. The motion carried as follows: AYES: Doherty, Inman, Muldoon, Walsh NAYS: None ABSTENTIONS: Caffall, Fishel EXCUSED: Anderson, Hasman, Vermilyea 5. WORKSHOP 5.1 CONTINUE DISCUSSION REGARDING GOAL 5 NATURAL RESOURCES AND HISTORIC AREAS Associate Planner, John Floyd, presented the staff report on behalf of the City. He advised the commissioners that this was the second workshop of the Natural Resources and Historic Areas Chapter. He noted that the handout distributed (Exhibit A) contains existing Policies PLANNING COMMISSION MEETING MINU I ES — May 19, 2008 — Page 1 I LLRPLNIDoreen WCWC Packets for 200845-08 08 Workshop and PlTepc 5-19 08 minutes doe pis meeting. In Its entirely, Is available on CD, and retained at City of 99erd Public Records and Implementation Strategies. He asked them to note that the proposed language is more comprehensive than existing language in the 1983 Comprehensive Plan. Floyd referred to his memo of May 12, 2008 and attachments (Exhibit B) and asked that the commissioners note the correspondence from Tualatin Valley Fire and Rescue requesting language be included regarding fire sprinklers and their relationship to water quality. He said staff added Action Measure "xx" [20] in response to their request. He also noted a change on page 7 — Policy 1a — he noted that "of Tigard" would be removed. Floyd noted that staff had summarized the comments of two Policy Interest Team members [John Frewing & Sue Bielke] . He noted that given the length of the comments at five pages, and the fact that these comments are not part of the official record as the public hearing had not been opened, staff recommended the Planning Commission consider them and direct and questions or concerns to staff as appropriate. Ron Bunch, Assistant Community Development Director, spoke to the commissioners about the comments from Mr. Frewing and Ms. Bielke. He noted that, as these policies are more programmatic, this language would be better used in development code. At this point, there were comments from the commissioners and questions for staff regarding Attachment 3 (of Exhibit B): Commissioner Vermilyea noted that definitions are very important. He said it's important that they be added in now rather than later. There was a question about the words "protect, conserve, and restore." They wondered where the word "conserve" was. Floyd noted that for purposes of flow — protect and conserve are considered same thing. Commissioner Muldoon questioned the words "where appropriate" on page 7. After much discussion, there was a straw poll taken and a consensus by the commissioners that "To the extent feasible" should replace "where appropriate" except in cases where there is a further qualifier. There was discussion about using the word "uplands." Floyd said policy 7 speaks to that. He said this policy would protect and restore habitats. Floyd will speak to Sue Bielke about this further. Starting on page six, Goal 5.1 there was a consensus they like the alternative for now, but would like the definition of "services." At this point, President Inman went through the goals, policies, and action measures one at a time and asked the commissioners to comment on any that were of concern to them. Noted below are the policies and action measures that the commissioners commented on. [if there was no discussion, so far as the commissioners are concerned, the policies are fine as is.] PLANNING COMMISSION MEETING MINUTES — May 19, 2008 — Page 2 I:LLRPLMOOreenWCWC Packets for 2009\5-1809 Workshop and PITON 5-10-U9 minutes doc (This meelIng, In Its entirely, Is available on CO. and retained at City of Tigard Public Records Policies: Policy 3: Regarding "green buildings"— are there incentives for green buildings? Bunch answered: There are no specific incentives at this time however: we have trained motivated staff—perhaps there will be a tax incentive later — it's programmatic right now — and would tie our hands. There was much discussion about policy 3 (which will actually be policy 2) as to whether they liked it as is or whether they like the alternative language. The commissioners took a straw poll. The consensus was they liked the alternative language. Policy 8: Vermilyea suggested that they delete or change to "services" the words "and values." Policy 10: Change "to" to "and" so it would state, "The City shall periodically update to and improve its baseline inventory, etc. Policy 13: `when possible" — change to the feasible language — but feasible needs to be defined. Action Measures: ii. The consensus is the Planning Commission likes the alternative. vi. Change the word "correct" to "improve." xiv. Implement outreach — take "of' out. xviii. Delete the "e" in the misspelled "implemente." Goal 5.2 Policy 1 Action Measures: iii. Commissioners would like to change to "Encourage rehabilitation and reuse of historic buildings." Delete the words "where appropriate." iv. Delete "where appropriate." 5.2 POLICY INTEREST TEAM — GOAL 14 — URBANIZATION Darren Wyss, Associate Planner, explained that they would be holding the first Policy Interest Team (PIT) meeting tonight on Goal 14, "Urbanization," and would attempt to get through the concepts. He said they would go through the packet and look at the language. Wyss asked if President Inman would like him to be the facilitator or whether she preferred to do it herself. She deferred to Wyss and he began the discussion on Goal 14. 1 . Wyss asked the commissioners whether there were any general questions or comments. There was a long discussion as to why no citizens were present at such an important discussion. Wyss said this chapter was advertised in the same way as the others. He said there were PIT members who had signed up, but no one came to this particular meeting. The suggestion was made that Assistant Planner, Marissa Daniels, take this to the Committee for Citizen PLANNING COMMISSION MEETING MINUTES — May 19, 2008 — Page 3 I LLRPLMDoreenWCCWC Packets for 200815-19-0B Workshop and Pllltpc 6-00.08 minutes doe (This meeting, In Hs entirely, Is available on CD, and retained at Cny of'Nerd Public RecoNS Involvement to see if they had any ideas on how else they might get citizens involved in this section of the Comp Plan. She will do this at the next regularly scheduled CCI meeting. There was also much discussion as to why it appeared this particular section had so much "negativity" or at least a "tone" of negativity. . . such as "We will NOT do this or that." Some of the commissioners noted that the message could remain the same, but the tone should be less negative. One of the commissioners said he's uncomfortable with the "known unknown." He and the commissioners agreed that they need more information on this issue. They asked whether a joint worksession with City Council was possible. They were advised that, yes, this would be possible. After much discussion, the consensus was that they would like to have a joint worksession with Council as a "fact finding" session — then have another worksession individually as a Planning Commission. It was decided that a joint worksession with Council would be scheduled. Assistant Planner, Marissa Daniels, was asked to get input from the CCI on how to get better citizen involvement on this topic. 6. OTHER BUSINESS — Commissioner Vermilyea said he had spoken to Commissioner Hasman and that Hasman supports the letter and would like to add his name to the list. Doreen Laughlin will sign it on his behalf. 7. ADJOURNMENT President Inman adjourned the meeting at 9:45pm. Doreen Laughlin; Administrativk Specialist II A 1 PEST: President Jodie Inman PLANNING COMMISSION MEETING MIND IRS — May 19, 2008 — Page 4 I LLflPLMDoreenWCWC Packets for 20086-1B-00 Workshop and PITUpc 5-1808 minutes doe This meeting. In Its entirety, Is available on CC, and retained el Oily of Tigard Nato flacon's.I N ■ EXHIBIT A " City of Tigard TIGARD Memorandum To: Jodie Inman, President; and members of the Planning Commission From: John Floyd Re: Existing Comp Plan Policies and Implementation Measures regarding Natural and Historical-Cultural Resources Date: May 19, 2008 The purpose of this memo is to convey a list of existing Comprehensive Plan Policies and Implementation Measures that are to be removed and replaced by language proposed in CPA2008- 0003. 3.3 NATURAL RESOURCES 3.3. 1 THE CITY OF TIGARD SHALL SUPPORT THE EFFORTS OF WASHINGTON COUNTY BEAVERTON AND THE METROPOLITAN SERVICE DISTRICT TO ENSURE THE AVAILABILITY OF THE ROCK MINERAL RESOURCES. 3.4 NATURAL AREAS 3.4. 1 THE CITY SHALL DESIGNATE, IN ACCORDANCE WITH GOAL 5, THE FOLLOWING AS AREAS OF SIGNIFICANT ENVIRONMENTAL CONCERN. a. SIGNIFICANT WETLANDS; b. AREAS HAVING EDUCATIONAL RESEARCH VALUE, SUCH AS GEOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT LANDS; AND c. AREAS VALUED FOR THEIR FRAGILE CHARACTER AS HABITATS FOR PLANTS, ANIMAL OR AQUATIC LIFE, OR HAVING ENDANGERED FTAC F C NATURAL FEATURES, VALUED FOR THE NEED OR TO PROTECT NATURAL AREAS. • IMPLEMENTATION STRATEGIES 1 . To preserve the community's history, an index of historic sites shall be developed and made available to the general public. A program shall be developed to acquire and/or restore a number of historic structures identified as significant. The City should consider the renovation of a historic structure as an historic museum or cultural center and meeting hall such as Durham School, Ye Old Windmill and John Tigard Home. • EXHIBIT MEMORANDUM TIGARD TO: Jodie Inman, President; and members of the Planning Commission FROM: John Floyd, Associate Planner RE: Goal 5 — Natural Resources and Historic Areas Workshop on May 19 DATE: May 12, 2008 At the May 19 Planning Commission meeting, staff will present revised language for the Natural Resources and Historic Areas Comprehensive Plan chapter. This meeting is a continuation of the May 5 Planning Commission workshop being held on the chapter, and precedes the public hearing tentatively scheduled for June 2, 2008. Please note that the following changes have been made: 1 . Textual revisions and alternative language requested by the Commission has been included in Attachment "1". Please note that deletions are sttueletkrough and new language bolded and underlined. 2. Staff has added Recommended Action Measure "xx" under Goal 5.1 ' at the request of Tualatin Valley Fire & Rescue. 3. Definitions are now included in Attachment "2" 4. In order to provide more clarity and respond to the Commission's concerns regarding the ambiguity of the term "values", staff has made a blanket change to all policies that replaces with phrase "functions and values" with "functions and services." 5. Comments from John Frewing and Sue Bielke are summarized in a separate memo included as Attachment "3". Because the Planning Commission is still holding a workshop on the issue, and the Public Hearing has not yet opened, these comments are not part of the official record of proceedings; however, the Commission may wish to consider these comments in light of their participation in the Natural Resource Policy Interest Team meetings. This meeting gives the Planning Commission the opportunity to ask questions of staff on the concepts, content, and implications of the language that is included in the draft goals, policies, and recommended action measures. Previous chapters reviewed by the Planning Commission and Council have revealed that both bodies want to receive and honor citizen recommendations, but that final language should provide flexibility regarding future implementation. As such, this is the appropriate time to evaluate the Policy Interest Team recommendations versus the views of the Commission on what it ultimately recommends to City Council. The intended outcome of the meeting would be a consensus on the final draft background, goals, policies, and recommended action measures that will be brought before the Planning Commission 1 Recommended Action Measures Definition - A statement which outlines a specific City project or standard which, if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. 3 Attachment " 1 " Natural Resources and Historic Areas Each community possesses certain natural and historic resources that help to establish its identity. Tigard is fortunate to contain a variety of these resources that contribute to its high quality of life. From the riparian corridors along the Tualatin River and its tributaries, to the City's wetlands, to the upland habitat resources, the community's natural resources are a visual and ecological asset. The historic and cultural resources of the community represent a part of the community that provides a living history of the area. Protecting and conserving these resources are vital components to a successful land use planning program. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces "To protect natural resources and conserve scenic and historic areas and open spaces. " As awareness of the importance of natural and historic resources and their relationship to the quality of life has increased, so has concern for protecting these resources. Protecting the City's valuable natural and historic resources is thus one of Tigard's primary goals. In addition, the City must comply with federal, state, and regional laws protecting the resources, including sensitive, threatened, and endangered species and their habitats. The following resources are addressed in this chapter • Fish and Wildlife Habitat • Wetlands • Streams • Groundwater • Historic and Cultural Resources As Tigard's population continues to grow, so does the potential for conflict between the desire to preserve resources and the need to provide adequate land for growth. As development patterns change to accommodate growth, more pressure is placed on the resources that are present. The tension between the built and natural environments results from the competition for land resources. The steady trend of growth and development further necessitates the importance of finding a suitable balance in the future, both locally and regionally. Fish and Wildlife Habitat Despite growing urbanization, Tigard and the surrounding area remain home to an impressive diversity of birds, mammals, fish, amphibians and reptiles. Fish and wildlife species depend on a complex array of habitat conditions for their food, water, mobility, security, and reproductive needs. Wildlife habitat within the City of Tigard is heavily concentrated adjacent to water bodies, such as streams and wetlands. However, there are patches of upland habitat in drier, higher elevations across the City. This upland vegetation not only contributes in providing protective cover for wildlife, but also contributes to the aesthetic quality of the community and CPA2008-00003 1 Goal 5 City of Tigard Attachment " 1 " beneficial functions of wetlands, however, may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. • As outlined under OAR 141 -086 for Wetland Conservation Planning, Tigard's locally significant wetlands were designated according to the criteria and procedures for identification of significant wetlands adopted by DSL. Inventoried wetlands were deemed significant if they received the highest rating on at least two of the four primary wetland functions, namely wildlife habitat, fish habitat, water quality, and hydrological control. Of the wetlands (within the City limits) identified in Tigard's Local Wetlands Inventory, toughly 98% are classified as significant wetlands. In 1997, the City of Tigard Local Wetlands Inventory (LWI) and Wetlands Assessment were approved by DSL. Approval by DSL means that the wetlands inventory meets state LWI standards, and therefore becomes part of the State Wetlands Inventory and must be used in lieu of the National Wetlands Inventory. Since the approval of the LWI, several new wetland delineations have occurred within the city limits. These new delineations were performed by wetland professionals and concurred by DSL. The newly delineated wetlands become part of the LWI, although a function assessment was not performed. Without the assessment, significance cannot be determined. However, the majority of the newly delineated wetlands is currently under protection from the City's sensitive lands review process because of their location in a stream corridor, 100-year floodplain, or within the CWS vegetated corridor. The remaining wetlands, although not covered by the City's sensitive lands review process, are subject to the state Removal-Fill Law and must secure permits as required by the law. Streams Roughly 30 miles of stream corridors cross through the City and nearly all the streams in Tigard drain into Fanno Creek, which then flows into the Tualatin River. These stream corridors provide a complex ecosystem linking water, land, plants, and animals and perform several ecological functions, including, storing and conveying surface water, modulating flows, removing pollutants and providing vital habitat for aquatic organisms. The City collaborates with Clean Water Services (CWS), the surface water management and sanitary sewer system utility for urban Washington County, to protect local water resources. Through CWS Design and Construction Standards, local governments in the Tualatin Basin (including Tigard) developed a unified program to address water quality and flood management requirements for Tide 3 of Metro's Urban Growth Management Functional Plan. In 2002, the City of Tigard adopted regulations restricting development within and adjacent to sensitive water resource areas, including streams, through standards in the CWS Design and Construction Standards. The CWS standards provide for vegetated corridor buffers, ranging from 15 to 200 feet wide, and mandate restoration of CPA2008-00003 3 Goal 5 City of Tigard Attachment " 1 " Historic Places. The implication of the statute and rule for Tigard's current historic code provisions is that if the property designation does not have owner consent, the provisions are no longer relevant or enforceable. Local conservation efforts can be combined with the National Register of Historic Places (the National Register), a list of cultural resources of national, regional, state, or local significance that is kept by the Department of the Interior's (DOI) National Park Service (NPS). Being listed on the Register does not protect a property from demolition, but it does document and evaluate the property's historic significance based on National Register criteria and makes the property eligible for federal grants when available, including rehabilitation tax credits. Many of the cultural resources associated with the original development of the Tigard area have not survived the City's growth during the last forty years. Improvements to Hwy 99W also contributed to the demise of the City's resource base. Those resources that survived include a mix of residential, educational, and commercial buildings. Currently, nine resources have the overlay designation. Two sites, the John F. Tigard House and the Shaver-Bilyeu House, are listed on the National Historic Register. The only property from which the overlay has been removed was the Tigard Feed and Garden Store when the owner initiated the removal request. Chapter 18.740 of the Community Development Code requires that if an overlay property receives approval for demolition, a condition of approval will require submittal of a graphic and pictorial history and artifacts to the Washington County Museum. Key Findings • Clean Water Services' Design and Construction Standards establish a vegetated corridor buffet adjacent to the City's streams to protect water quality; the City adopted these standards in 2002. • In addition to contributing to the general aesthetic quality of the area, streams and the adjacent riparian areas perform several ecological functions. • Roughly 98% of the City's wetlands are classified as "locally significant wetlands," pet procedures outlined under OAR 141 -086. • The Tigard Community Development Code requires Sensitive Lands Review for any development which would impact significant wetlands or the vegetated corridor buffer to wetlands. • Wetlands may be adversely affected by human activities such as encroachment through development, alterations to natural drainage patterns, pollution, and the introduction of nuisance plant species. • Based on the Economic, Social, Environmental and Energy (ESEE) analysis conducted by the Tualatin Basin Partners for Natural Places, 588 acres of the inventoried regionally significant habitat was designated as "strictly limit", 370 acres was designated as "moderately limit" and 422 acres was designated as "lightly limit." CPA2008-00003 5 Goal 5 City of Tigard Attachment " 1 " Policies 1 . The City shall protect and, where appropriates restore natural �(1..90'1¢ resources in a an ie n:at-wm a variety of methods to: a. Contribute to the City's scenic quality Tigard' and its unique sense of place; b. Provide educational opportunities, recreational amenities, and buffeting between differential land uses; c. Maximize natural resource functions and values services including fish and wildlife habitat and water quality; and d. Result in healthy and naturally functioning systems containing a high level of biodiversity. Staff Note: The term "values" was replaced with "services" as staff finds the term more concrete and less subjective while still conveying the same meaning. Staff's research since the May 5 meeting reveals that the phrases `functions and values" and functions and services" are used fairly interchangeably in the surveyed polig documents. This change has been repeated throughout the document. include, but not be limited to, the uac of development and conacrvation casements, educational outreach, and external partnerships as appropriate. Staff Note: This poliy was converted into Action Measure ,di. 3. The City shall encourage public and private development to use sustainable building technologies, low impact development techniques, and incorporate existing and potential natural resource functions and values services into the landscape and infrastructure designs of development projects. ALTERNATIVE: "The City shall encourage public and riv to develo s ment to use s stainable buildin technologies and low impact development techniques, and include measures to protect and improve natural resource quality/functions as part of site and building design" Staff Note: Staff has provided both the original text and alternative phrasing as requested by the Commission on May 5. 4. The City shall actively coordinate and consult with landowners local stakeholders and : overnmental jurisdictions and agencies is regarding the inventory, CPA2008-00003 7 Goal 5 City of Tigard Attachment " 1 " • . . : . . - . community benefits. Staff Note: Sections a through d were converted into Policy 12 and Recommended Action Measures xv and xvi. 9. The City shall continue implement measures to protect groundwater byi. groundwater aquifers; and . urce . se Staff Note: Sections a through c were converted in into Policy 12 and Recommended Action Measures xvii through xix. 10. The City shall maintain and utilize a periodically update t�0 improve its baseline inventory of natural resources through surveys and monitoring. 11 . The City shall assist landowners in the protection of natural resources through diverse methods including, but not limited to: education, incentives, planned development standards and regulations, and conservation easements. 12. The City shall develop and implement standards and procedures that mitigate the loss of natural resource functions and services, with priority given to protection over mitigation. 13. The City shall identify, preserve and create linkages between wildlife habitat areas, when possible, as a key component of parks, open space, and surface water management plans. Recommended Action Measures i. Identify and inventory locally significant habitats and plant communities not included in the Nature in Neighborhoods and Tualatin Basin Natural Resources Coordinating Committee studies. CPA2008-00003 9 Goal 5 City of Tigard Attachment " 1 " x. Utilize indicators of biodiversity as a measure of the quality and health of natural resource systems, and as a measure of success of City actions and strategies. xi. _ - - : -- - : -: • - - for atabilizing or reducing surface and Implement a program to assist the state in identifying and canceling unused water rights within Tigard for the purpose of stabilizing or reducing surface and groundwater diversion and extraction. Staff Note: At the request of the Commission, staff has revised this Action Measure to more clearly convey the desires of the Poliy Interest Team as expressed to staff xii. Protect and restore natural resources through a variety of methods including, but not limited to: the use of development and land management regulations and incentives, acquisition of land and conservation easements, educational outreach, and external partnerships. xiii. Land use regulations and standards that protect and restore essential habitat elements that satisfy the food, water, shelter, mobility, and reproductive needs of fish and wildlife xiv. Implementation outreach and regulatory programs to identify and remove invasive species that threaten habitat areas. xv. Identify and implement measures to protect riparian vegetation necessary for erosion control, water quality, and fish and wildlife habitat/an i xvi. Identify and implemement measures to maintain and, where possible, restore hydrologic systems and regimes that support fish and wildlife, provide flood control, enable natural recharge of groundwater, and other ecological and community benefits. xvii. Work with regional and state agencies to identify and address potential sources of contamination,(, xviii. Identify and implement/measures to reduce the amount of impervious surface area covering the City that prevents the natural recharge of groundwater aquifers. CPA2008-00003 11 Goal 5 City of Tigard Attachment "2" Related Definitions to Natural Resource Areas Biodiversity — The full range and variety and variability within and among organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species diversity, and genetic diversity. Clean Water Services (CWS) — A public utility committed to protecting water resources in the Tualatin River Watershed through innovative wastewater and stormwater services, flood management projects, water quality and stream enhancement projects, fish habitat protection, and more. Encourage — support, advocate, or take affirmative action to achieve a particular community objective. Goal — A general statement indicating a desired end or the direction the City will follow to achieve that end. Habitat — An area upon which fish and/or wildlife depends in order to meet their requirements for food, water, mobility, security, and reproduction. Healthy Streams Plan — Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowledge and innovation to improve watershed and stream health for community benefit. Historic and Cultural Resources — Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of the Nation, Oregon, and/or Tigard. Impervious Surface — A solid surface, such as streets, parking lots, and roofs that prevents rain from being absorbed into the soil, thereby increasing the amount of water runoff that typically teaches a receiving stream. Low Impact Development (LID) Practices — An approach to land development that uses various land use planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential environmental impacts. Natural Resources — Inventoried resources and natural resource systems including fish and wildlife habitats; wetlands; streams and associated riparian corridors; groundwater; and rare and endangered fish and wildlife, plants, and plant communities. Natural Systems — interactive, interrelated, and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Nature in Neighborhoods Program — A Metro region conservation initiative that brings people and government together to ensure a healthy urban ecosystem. The initiative will align the region's conservation programs behind a strategic effort to protect clean water and healthy natural areas for I Attachment " 3" " City of Tigard TIGARD Memorandum To: Planning Commission From: John Floyd, Associate Planner Marissa Daniels, Assistant Planner Re: Natural Resources Planning Commission Workshop Date: May 12, 2008 Listed below are two sets of public statements for consideration by the Planning Commission. While not delivered at a public hearing, and therefore not a part of the official record of proceedings, the Commission may want to consider their comments in light of their participation in the Natural Resources Policy Interest Team meetings. Section 1 comprises verbal comments submitted to the Planning Commission on May 5, 2008. Section 2 comprises additional comments received by staff by email and at a meeting with John Frewing and Sue Bielke on May 9, 2008. SECTION 1 : PLANNING COMMISSION WORKSHOP OF MAY 5, 2008 John Frewing • The amount of time allotted for public comment on this chapter is a concern. The material is admittedly rough as the opportunity for citizen involvement has been limited. • There should be no limit to the degree of specificity or lack of specificity included in the policies. The things that should be policies are the things that are important regardless of whether or not they are more specific, or more general. • The Planning Commission should request of staff a comparison of the current and proposed Comprehensive Plan policies. In some degree the current plan is better than what is proposed, in others it is worse. • The introduction to the proposed chapter should be expanded to include real information beyond that which is currently in the proposal. The policies of the proposed Plan should refer to maps in the expanded background information, as is the case in the current Plan. • The creation of natural resource zones should be talked about and added to the policies. • To explain action measure xi: The state permits wells and pumping from streams for residential and commercial uses. If you don't pump for a period of five years the permits can be canceled. There are currently thousands of those permits sitting out 1 Attachment " 3" •• The Comprehensive Plan needs a really good glossary so that we don't have to dumb everything down. • On the subject of services vs. functions, John mentioned the Metro Plan. "Functions" and "services" are commonly used in natural resource documents and should be used here as well. We can define these as well. • The wording "where appropriate" does not belong in the Comprehensive Plan because it gives the City and out for things the community should be doing • In every single policy we want to make sure Uplands are included. We do have uplands that axe important. They are ecologically just as important as a wetland. • The word values should be left in and defined. • In Policy 7, leave the wording "fish and wildlife" because that was important to the PIT. Sometimes you restore habitats just for habitat value, other times for fish and wildlife habitat. • The "maximum extent possible" should be left in, but we can define it. Lots of time this will be limited by funds. Wants to discuss this concept some more • Additional Policy language: • The City shall create a distinct zone for open spaces, greenways, etc. in order to protect the natural resources that occur in these areas. • Protect and restore rare habitats and species such as oak prairie habitats. • Includes Fish and wildlife too • We can define rare. Very valuable. • Hydrologic regime should remain, because it is a scientific term. It is not the same as a function. A wetlands example is the regime of how much water is there in winter vs. summer. As a land manager you have to look at that hydrologic regime to restore the functions and the values. • In Policy 10 she disagrees with Staff; she does not think we have a good inventory. Alternative policy language: • The City shall conduct surveys of all natural resources in order to establish a baseline inventory. • You can't have a baseline inventory until you do your surveys. • The City shall periodically maintain and update that natural resource inventory. • Alternative Action Measures • Conduct surveys and monitoring of habitat and species periodically. (Might depend on funding). • Engage citizens in surveying, monitoring and evaluation. • There are people who are more than willing to participate • Identify opportunities for funding availability. (such as grants) • Action Measure 9 should be changed to the Oregon Conservation Strategy. This is a blueprint for how we want to manage our fish, wildlife, and plant species statewide. The next step is to get funding. • Agrees with John and recommends Metro's Title 13. The CWS standards set up to protect water quality, not habitat. This is a serious issue she deals with a lot. 3 Attachment "3" • Recommends several new policies including: • The City shall create a distinct zone for open space, greenways, etc. in order to petinanently protect all natural resources. • The City shall place a high priority on the protection, conservation, and restoration of rare plants and habitats and rare and state and federal fish and wildlife species listed as "Species of Concern, Sensitive, Threatened, or Endangered. • Wants "Hydrologic Regimes" defined. • Wants Policy 5.1 . 10 expanded into several policies: • The City shall conduct surveys of all natural resources in order to establish a baseline inventory • The City shall periodically maintain and update the natural resources inventory through surveys and monitoring efforts. • The City shall utilize the natural resources inventory to assist with setting goals and objectives for restoration activities. • Wants the following Action Measures: • Conduct surveys and monitoring of all natural resources to establish a baseline inventory. • Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts. • Engage citizens and volunteers to assist with surveys and monitoring. • Identify opportunities for funding and apply for grants to assist with restoration efforts. • Wants to make sure "uplands" are addressed in Policy 8 in addition to Policy 7. • Wants to exclude pets in open spaces and natural areas like Metro does (pets with, a leash and on trail areas only would be okay). • Wants to prohibit trails or any other development action in areas with rare, sensitive, threatened, and/or endangered species. • Wants to restrict mowing of native plants. • 5 John Floyd From : Dalby, John K. [John. Dalby @tvfr.com] Sent: Wednesday, May 07, 2008 3:54 PM To: John Floyd Subject: (CPA) 2008-00003 Goal 5: Natural Resources and Historic Areas Good afternoon Mr. Floyd, Our comment regarding this update involves the city's endorsement of the fire district's desire to promote automatic sprinkler protection in all buildings hereinafter constructed. Fires occurring in residential and commercial buildings not protected with automatic sprinklers require a significant amount of water to control and extinguish. Buildings with automatic sprinkler protection do not require such large amounts of water for extinguishment when fire occurs. The runoff from fighting structure fires contaminates adjacent wetlands and waterways. The runoff from fires in buildings protected with automatic sprinkler systems is comparatively insignificant. How you wordsmith it to fit within the document sent for our review is up to you. We would be happy to provide additional input should you so desire. Thanks, John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005- 1152 503-356-4723 1 0 Page l of 2 • Sue Beilke From: "Sue Beilke" <sbeilke @europa.com> To: "John Floyd" <Johnfl @tigard-or.gov>; 'John Frewing"' <jfrewing @teleport.com> Cc: ."Marissa Daniels" <Marissa @tigard-or.gov> Sent: Friday, May 09, 2008 8:56 AM Subject: Re Meeting: Friday at fpm John, Here are some of the recommendations/comments/language changes I proposed at the PC workshop for Natural Resources. - Use "Protect, conserve and restore" where we now have "protect and restore" - omit "where appropriate" from the entire document - keep in "values" but make sure it is defined in the Definitions section, and include some examples - For the Goal; we now only have one goal, I think that is "lame" considering the extent of the diversity of natural resources we are addressing. Originally we had at least 5 as I recall. I recommend splitting 5. 1 into 3 goals. 5. 1 : Protect, conserve and restore natural resources and the environmental and ecological services they provide. 5.2: Protect, conserve and restore natural resources in order to reach a high level of biodiversity. 5.3 Protect, conserve and restore plants, plant communities and fish and wildlife populations considered rare, or on any state and federal species lists as a high priority. - I do not recommend deleting Policy 2. Somewhere in the PC meeting, the chairwoman, said something to the effect that "low impact development does not include incorporating natural resources"? I need to have that clarified and then that needs to be addressed at the next meeting, as she is very wrong on that one if that is what she said. - Policy 3- this needs more work and we really need to define "sustainable" in regard to natural resources. For example, if you put in several houses near a stream and only have a 50' buffer, this will not overtime "sustain" the wildlife that live there. That size buffer is too small to "sustain" the birds, mammals and other species that have inhabitated it for thousands of years - I recommend adding several new policies; - Policy - The City shall create a distinct zone for open space, greenways, etc. in order to protect permanently all natural resources. - Policy - The City shall place a high priority on the protection, conservation, and restoration of rare plants and habitats (e.g , oak prairie) and rare and state and federal fish and wildlife species listed as "Species of Concern, • Sensitive, Threatened, or Endangered (e.g., Northern red-legged frog, native turtles) - Make sure we define "hydrologic regimes". - Policy 10 I would have several policies covering inventories, etc. 1 . The City shall conduct surveys of All natural resources in order to establish a 'baseline inventory. 2. The City shall periodically maintain and update the Natural Resources inventory through surveys and monitoring efforts. 3. The City shall utilize the natural resources inventory to assist with setting goals and objectives for restoration activities. Then under these 2 Policies I would add these Action Measures: a. Conduct surveys and monitoring of all natural resources to establish a baseline inventory. b. Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts. 5/9/2008