03/07/2005 - Packet •
AGENDA [_o hmitil
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City of Tigard
Shpirz A Better Commit),
TIGARD PLANNING COMMISSION
MARCH 7, 2005 7:00 p.m.
TIGARD CIVIC CENTER- RED ROCK CREEK CONFERENCE ROOM
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
1. CALL TO ORDER
2. ROLL CALL
3. COMMUNICATIONS
4. APPROVE MINUTES
5. DISCUSSION WITH CITY ATTORNEY: MEASURE 37
6. DISCUSSION: COMPREHENSIVE PLAN UP DATE - CITY'S URBANIZATION
STRATEGY
7. NATURAL RESOURCE PROTECTION UPDATE
8. COMMITTEE FOR CITIZEN INVOLVEMENT - PLANNING COMMISSION
REPRESENTATIVE
9. OTHER BUSINESS
ATTENDANCE POLICY- PRESIDENT PADGETT
10. ADJOURNMENT
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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
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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
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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
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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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MEASURE 37
Gary Firestone
Ramis Crew Corrigan et Bachrach •
February 7, 2005
BASIC PROVISIONS
• Triggered by enforcement of land use •
regulation ( broadly defined )
• If a land use regulation has restricted
the use of property and reduced
market value of the property, the
government must •
- Pay compensation for reduced property
value
- Waive the regulation
TIMING OF REGULATION / PROPERTY
ACQUISITION
• Compensation is based on regulations •
adopted after the current property
owner or any family member acquired
the property
• The waiver only has to waive
restrictions adopted since the •
current owner acquired the
property
COMPENSATION
• The difference between fair •
market value of the property with
and without the regulation that
restricts the use
• Measured at the time the written •
demand for compensation is filed
EXCEPTIONS
• Nuisances •
• Public health and safety
• Compliance with federal law
• Restriction on use of property for.
pornography or nude dancing •
• Pre -existing regulations
LIMITATIONS ON CLAIMS
FILING
• Claims must be filed within 2 years •
of the adoption of Measure 37 ,
within 2 years of adoption of a
regulation restricting land use , or
within two years of enforcement •
of a land use regulation restricting
the use of property
PROCESS
• The City has 180 days from receipt •
of a claim to issue a decision to
pay compensation , waive the
restriction , or deny the claim
• The City has established a claims •
process
COURT ACTION
• If the City denies a claim or fails •
to act within 180 days , the
property owner may file a claim
for compensation in Circuit Court
• If the property owner is successful , •
the property owner is awarded
attorney fees
EFFECT ON CITY ACTIONS
• Measure 37 creates an awkward •
process
• Arguably, Measure 37 requires the City
to first deny an application , then after
a Measure 37 claim is filed with the
City, the City may waive its regulations •
outside the context of any land use
application
EFFECT ON FUTURE
ZONING EFFORTS
• Even if the City decides to always waive, •
continued land use regulation is needed
• New land use regulations will be effective as
to those who don ' t choose to proceed with
Measure 37 claims and as to persons
acquiring property after the new regulation
• Property turnover is high , so new regulations •
will eventually apply to all property
WHAT IF?
• Measure 37 could have been rewritten
as one simple provision amending ORS
227. 178 ( 3 ) (a ) to read : •
"Approval or denial of an application shall
be based on the standards and criteria in
effect the application is deemed complete
or, if the applicant so requests, at the
time the current owner acquired the
property. An application is deemed •
complete when first submitted if made
complete within 180 days of first
submittal . "
• •
6
Planning Commission
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
• •
G
Purpose of discussion
I I
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 J • 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
Jlocal 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 nghts issues.
Specific actions to be taken to November
implement the polities and Goals • Ballot Measure 37 passed
•Implementation Strategies/Program
• Metro shifted direction
Program with timelines,responsible parties,
prionties and organizational structure to • Focus on regulation only in highest value riparian
move the implementation measures forwar, 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 resource 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
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Proposed Program
Natural Resource Protection Program o-an
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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 ofTigard'
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
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CITY OF TIGARD
TIGARD PLANNING COMMISSION
ROLL CALL
HEARING DATE: 3 -v5
STARTING TIME: '7.' D° OrYN •
COMMISSIONERS: ✓ MARK PADGETT (PRESIDENT)
V MARTY ANDERSON
GRETCHEN BUEHNER
REX CAFFALL
TEDDI DULING
BILL HAACK
JODIE INMAN
KATHY MEADS
JUDY MUNRO (VICE-PRESIDENT)
DAVID WALSH, ALTERNATE
STAFF PRESENT:
DICK BEWERSDORFF JIM HENDRYX
MORGAN TRACY BARBARA SHIELDS
MATT SCHEIDEGGER JULIA HAJDUK
GARY PAGENSTECHER DUANE ROBERTS
KIM MCMILLAN BETH ST. AMAND
GUS DUENAS
• •
CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: City Board and Committee Members
FROM: Duane Roberts, Associate Planner
DATE: 3/1/05
SUBJECT: Committee for Citizen Involvement
The Committee for Citizen Involvement, or CCI, is the City of Tigard's primary
public involvement and communication organization. Its purpose is to evaluate
City communication and public involvement activities and to suggest how they
could be improved or made more effective.
The CCI presently consists of four members. To broaden and diversify the CCI,
Council recently adopted a resolution that outlines a new approach to CCI
membership. A copy of the Council resolution is attached. As specified, the new
members are proposed to include one representative from each of the City's
operating boards and committees.
Currently, the CCI meets every two months. Recent agenda topics include the
Downtown Plan public involvement process, publicizing TriMet route changes,
the Goal 5 public outreach program, critiquing the City webpage, and ideas for
the proposed Enhanced Neighborhood Program.
As the resolution notes, citizen involvement and two-way communication is highly
important to the City. Council invites each active board and committee to support
the City's efforts in these areas by appointing a representative to serve on the
enlarged CCI.
• •
CITY OF TIGARD, OREGON
RESOLUTION NO. 05- C -)
A RESOLUTION EXPANDING THE MEMBERSHIP OF THE COMMITTEE FOR CITIZEN
INVOLVEMENT TO INCLUDE REPRESENTATIVES FROM THE CITY'S ACTIVE BOARDS AND
COMMITTEES AND FROM FUTURE NEIGHBORHOOD ORGANIZATIONS
WHEREAS, citizen involvement and two-way communication with its citizens is highly important to the
City of Tigard; and
WHEREAS, State law requires the City to maintain a citizen involvement program that insures the
opportunity for citizens to be actively involved in the land use process;and
WHEREAS, the Committee for Citizen Involvement (CCI) is the City's primary public involvement body
for land use issues;and
WHEREAS,the Committee's purview has been broadened to include both land use and the broad array of
non-land use public involvement and communication issues; and
WHEREAS,the Council in 1993 created the Citizen Involvement Teams; and
WHEREAS, the Tigard Comprehensive Plan Policy 2.1.2.c designates the Citizen Involvement Team
Facilitators as the City's Committee for Citizen Involvement;and
WHEREAS,the Citizen Involvement Teams are no long active; and
WHEREAS,the Citizen Involvement Team facilitators are designated as the City's CCI;and
WHEREAS, of the original eleven members,the Committee currently includes only active four members;
and
WHEREAS, the City desires to broaden the Committee's membership to include individuals broadly
representative of the City's geographic areas and diverse interests and perspectives,
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that
SECTION 1: The City of Tigard Committee for Citizen Involvement shall be expanded to include one
representative of each active board and committee.
SECTION 2: The City of Tigard Committee for Citizen Involvement can be expanded to include
representatives of future Neighborhood Organizations officially recognized as such by the
City of Tigard
RESOLUTION NO. 05 - 07
Page 1
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SECTION 3: This resolution is.effective immediately upon passage.
PASSED: This I I day of 4etAlkailit, 2005.
Mayor- ity of Tigard
eak42/1.6\.14.. h,e
A'U EST:
City Recorder-City of Tigard U-
caam + a msa
RESOLUTION NO. 05- Cq,
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