03/07/2005 - Minutes CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
March 7, 2005
1. CALL TO ORDER
President Padgett called the meeting to order at 7:00 p.m. The meeting was held in
the Tigard Civic Center, Red Rock Creek Conference Room, at 13125 SW Hall
Blvd.
2. ROLL CALL
Commissioners Present: President Padgett; Commissioners Anderson, Buehner,
Caffall, Duling, and Haack. Also present was David
Walsh, Commission alternate.
Commissioners Absent: Commissioners Inman, Meads, and Munro
Staff Present: Barbara Shields, Planning Manager; Julia Hajduk, Associate
Planner; Duane Roberts, Associate Planner; Jerree Gaynor,
Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS
Commissioner Buehner reported on her meeting with City Council regarding
updating the Comprehensive Plan. She asked Council what they envisioned for the
scope of the work and the public involvement process. She noted that Council was
surprised about a 3 year timeline and the need for additional staff. They talked
about a potential conflict with the Downtown Improvement Plan process. Council
asked about additional costs if we included Bull Mountain and Areas 63 and 64.
Council said they would like to use the larger, more expansive form of the public
involvement process and would like to look at the entire Bull Mountain area.
Barbara Shields said that the Council recognizes that there is a question of
resources. Council directed staff to talk to the County about using some of their
materials.
•
Commissioner Buehner also reported on the Transportation Financing Task Force.
She said the Task Force was considering a gas tax. The Task Force has
discussed outreach efforts, a public involvement program, and a timeline of how the
process would be done. The Task Force will go back to Council in 6 months with a
proposal.
4. APPROVE MEETING MINUTES
It was moved and seconded to approve the February 7, 2005 meeting minutes as
submitted. The motion passed by a vote of 5-0. Commissioner Caffall abstained.
PLANNING COMMISSION MEETING MINUTES -March 7,2005-Page 1
5. DISCUSSION WITH CITY ATTORNEY: MEASURE 37
City Attorney Gary Firestone provided training on Measure 37 (Exhibit A). He
explained the basic provisions of the measure. He noted that Oregonians in
Action believe Measure 37 also applies to the application of transportation impact
fees or transportation SDCs.
Firestone explained how compensation would be calculated for Measure 37
claims. Two things that can trigger a Measure 37 claim are a restriction on the
use of property and a reduction in the market value. He advised that if a
regulation was adopted after the current owner had acquired the property and the
regulation restricted the use of the property or reduced the market value, the
owner would have the right to either compensation or a waiver of the regulation.
He reviewed the exceptions to Measure 37 and the limitations on a claim. He
advised that waivers only go back to when the current owner acquired property.
Waivers are not transferable. Jurisdictions have the choice whether to pay
compensation or to offer a waiver.
Firestone reviewed the process involved when claims are received, stating that
the City has 180 days to issue a decision. If the City denies a claim, the property
owner may file a claim for compensation in Circuit Court. If they are successful,
the property owner is awarded attorney fees.
6. DISCUSSION: COMPREHENSIVE PLAN UPDATE — CITY'S URBANIZATION
STRATEGY
Planning Manager Barbara Shields noted one of the points of discussion at the
Council meeting was Council's interest in including all unincorporated areas into
the Comprehensive Plan. She advised that, under the current service agreement
(UPAA), the City does not have any authority to do any comprehensive planning
for Bull Mountain or the UGB area. She said another question was about
resources and how the County would compensate the City. We need answers
before the work program for the update can be finalized. She noted that the
update would also have to be part of the County work program. They are
finalizing their work program now, but the UPAA amendments have not been
incorporated into their work program. We want to work with the County on the
service agreement and discuss resource issues.
The Commission would like annexation to be a part of the discussion; the City
shouldn't be doing long range planning for areas that will always be in the
County. The Planning Commission will be invited to the next Council update.
Associate Planner Duane Roberts reviewed a progress report on the
Comprehensive Plan Update (Exhibit B).
PLANNING COMMISSION MEETING MINUTES -March 7,2005-Page 2
7. NATURAL RESOURCE PROTECTION UPDATE
Barbara Shields advised that one of Council goals is to look at park and open
space acquisition. There are some changes in the region with regard to Goal 5
issues. Staff will go to Council on March 22nd to discuss some of the open space
and park acquisition issues along with Metro Resource Protection. Associate
Planner Julia Hajduk gave a PowerPoint presentation on Goal 5 and the Natural
Resource Protection Program (Exhibit C).
Hajduk provided a brief background on Goal 5, advising that, with the passage of
Measure 37, Metro has since shifted direction, focusing on regulation only in the
highest value riparian areas. There will be no new regulations in the near future;
the focus will be on incentives. Hajduk advised that Tigard will develop a Natural
Resource Protection Program to comply with Metro's Functional Plan.
Hajduk asked if the Commission was satisfied with the Basin approach or if there
are any issues that need to be addressed. She advised that we don't have a
non-regulatory component that we're implementing. She outlined the proposed
program.
Commissioner Buehner noted that there is a lack of clarity in the current
regulations as to what are wetlands and what is the buffer. She said the lack of
clarity causes confusion. She recommended evaluating how we have defined
and set forth standards in the code. She also asked about Council policy on not
accepting small pieces of open space for parks. It is her understanding that
Council is now changing direction on this.
Regarding the ALP map, Commissioner Buehner noted that most of the
regulation addresses areas outside of what was the Walnut Island annexation
area. She believes there is are a lot of sensitive constraints here (steep slopes,
creek). She thinks Tigard should consider looking at those specific areas.
If the Planning Commission chooses to be an active participant in the Natural
Resources Protection Program, Hajduk said she envisions them being an
advisory group who would act as a sounding board and send recommendations
to the Council. She said there would be public involvement throughout the whole
process.
Discussion was held on three goal options for the natural resources section of
the Comprehensive Plan. The Planning Commission supported the vision
statement, "Openspace and Greenway areas are preserved and protected."
Staff advised that they will update Council on March 22nd, and will include the
Planning Commission's comments.
PLANNING COMMISSION MEETING MINUTES -March 7,2005-Page 3
8. COMMITTEE FOR CITIZEN INVOLVEMENT — PLANNING COMMISSION
REPRESENTATIVE
Duane Roberts outlined the duties of the Committee for Citizen Involvement
(CCI), advising that Council has adopted a resolution to enlarge the committee to
include representatives from all acting boards and committees. It was moved
and seconded to appoint Teddi Duling as the Planning Commission
representative to serve on the CCI. The motion passed unanimously.
9. OTHER BUSINESS
ATTENDANCE POLICY— PRESIDENT PADGETT
After discussion, it was moved and seconded to change the Planning
Commission by-laws, Article IV, Section 7. from "... If a member is absent from 6
meetings within one calendar year or three consecutive meetings without
reasonable cause, upon majority vote of the Commission, that position shall be
declared vacant. ..." to "If a member is absent from 6 meetings within one year or
three consecutive meetings without reasonable cause, upon majority vote of the
Commission, that position shall be declared vacant. ..." The motion passed
unanimously.
10. ADJOURNMENT
The meeting adjourned at 9:05 p.m.
Jerre Gaynor, Planning ommission Secretary
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ATTEST: Presi•ent Mark Padgett
PLANNING COMMISSION MEETING MINUTES -March 7,2005-Page 4
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COMPREHENSIVE PLAN UPDATE PROGRESS REPORT
Background
• Multi-year comp plan update scheduled to begin this year.
• First step is defining geographic work scope
o City proper
o Unincorporated Bull Mountain Area
o Metzger area
o UGB areas 63 & 64
• Council preference is to include all the future annexation areas
Legal Context
• Authority for long range planning in the unincorporated area is defined in UPAA
o dates to 1983
o Tigard identified as the "ultimate governance provider"
o County identified as comp plan provider
• UGB ordinance says that"Washington County, or upon annexation . . . the city
shall complete Title 11 planning . . ." for expansion areas 63 & 64
o Construed by Metro to mean that City can take the lead with agreement
from County
Resources Context
• Council unwilling to plan for unincorporated areas without County participation
o Planning would impose undue burden on city taxpayers
o Consultant cost estimates for UPAA areas
o Opportunity for payback system
Next Step
o City asking County to reopen UPAA negotiations
o Planning authority
o Planning costs
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Purpose of discussion
Update on Tualatin Basin Goal 5 • Provide the policy context for Council's Growth
and Natural Resource Goal regarding Parks and Open Spaces
Protection Program • Provide background/update on the Tualatin
Basin Goal 5 effort
• Discuss the proposed natural resource
March 2005 protection program work plan
• Get input from the Planning Commission on
local natural resource protection program and
program goals
Protection Program Context � Tualatin Basin Goal 5 update
• Goals September
Statement that describes • Tualatin Basin developed a Natural Resource protection
desired future condition program
• Policies August-November
Course of action or rule of • Tualatin Basin considers the Draft program. Issue
conduct to achieve goal papers prepared to address public comments.Concerns
•Implementation Measures were raised about property rights issues.
Specific actions to be taken to November
implement the policies and Goals • Ballot Measure 37 passed
•Implementation Strategies/Program
Program with timelines,responsible parties, • Metro shifted direction
priorities and organizational structure to • Focus on regulation only in highest value riparian
move the implementation measures forward areas Non-regulatory tools for the remainder
1
Tualatin Basin Goal 5 update (cont.) What does the program shift mean
for Tigard resources?
February Regulations will not change
• NRCC provided direction for program modification • Upland wildlife habitat will continue to be able to
• Follow Metro's direction be developed, subject to current regulations
• Regulation limited to existing regulations that protect regarding tree removal and steep slopes
streams and stream corridors and/or stricter local • Development on significant wetlands will
regulations
• Incentives,education,acquisition and enhancement continue to be prohibited
activities used to protect resources for all inventoried • Floodplain development for residential zones will
continue areas not already regulated continue to be prohibited
• Limited alterations in Commercial and Industrial
zones will continue to be permitted
What does the program shift mean Implementation options/local natural
for Tigard resources? resource protection program
Protection of resources will be voluntary • Metro anticipates adopting in May 2005
based on use of non-regulatory tools • Will provide several options for compliance,one of
which is the Basin approach
• Education • Tigard must develop a natural resource
• Incentives protection program to comply with the
• Low Impact Development Techniques Functional Plan
•Voluntary seller property acquisition • Scope of the program depends on what we
want to accomplish—Are we satisfied with
Basin approach and existing local protection
} measures? /
/ /
2
Proposed Program
Natural Resource Protection Program Or,
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Tigard Natural Resource Goals Goal options
Purpose statement of the to maintain and improve the existing quality of
•Tigard Comprehensive Plan does not Comprehensive Plan life for the residents of Tigard"
have specified goals in the natural Vision Document-Urban "Openspace and Greenway areas are
and Public Services,Parks preserved and protected."
resource section— Before a protection and Greenways Goal#2
program can be developed, we need to Metro and Basin Goal To Conserve,protect and restore a continuous
ecologically viable streamside corridor system,
know what we are trying to achieve. from the streams'headwaters to their
confluence with other streams and rivers,and
with their floodplains in a manner that is
integrated with the surrounding urban
landscape. This system will be achieved
through conservation,protection and
appropriate restoration of streamside corridors
through time
3
Planning Commission Input
requested:
• Provide input on a"working Goal" for the
Natural Resources Protection Program
4