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HomeMy WebLinkAbout221101 Meeting Minutes Agenda Item 5 C. UNIVERSAL PLAZA ACTIVATION,DESIGN, CONSTRUCTION AND PROJECT MANAGEMENT AMENDMENT #5 D. FOREVERLAWN PLAYGROUND GRASS AND INSTALLATION. Councilor Shaw moved to approve the Consent Agenda. Council President Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Shaw x Mayor Snider x Councilor Goodhouse x Councilor Newton x Council President Lueb x 5. LEGISLATIVE PUBLIC HEARING: URBAN AGRICULTURE CODE ADOPTION A. Open Public Hearing—Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may offer testimony during the public comment period of the hearing. C. Associate Planner Pollard and Assistant Community Development Director McGuire gave the staff report. There was a slide presentation. Historically, an ordinance listing requirements in the Community Development Code Use Category list that required poultry enclosures to be 100 feet from other dwellings, excluding the owner's home. In 2018 the Tigard Municipal Code was used to support nuisance compliance for odor, noise and debris issues. There have been six code complaints since that time. Staff fast tracked the urban livestock portion of the HOME project. Public involvement included a community event attended by 14 people which informed draft regulations.Another open house was offered with 22 attendees and a great deal of public comment was received on tiered rules. Most felt the regulations were too strict. Slides were shown of the different comments on tiered rules.Tier 2 was preferred,which uses existing nuisance code with some livestock additions, structure requirements and proper feed storage. The Planning Commission voted in favor of Tier 2 at their October 17 public hearing. Education will include expert recommendations advocating keeping animal areas clean and enclosed. Feed must be stored in closed containers and livestock kept in pens. Animals that are ill must be checked by a veterinarian. With any approach staff will remove the agriculture Use Category from the Development Code and regulate urban livestock through the Tigard Municipal Code. Commercial activity will be treated as industrial. Tigard City Council Business Meeting Page 3 November 1,2022 Council questions and staff responses. • How will we prohibit roosters? Roosters over 3 months old are not allowed. • How are educational resources provided? They will be outsourced to other agencies but listed on the city's website. • How will people be informed of the regulations?We have an extensive interested parties list. The city will use social media,website and code enforcement to communicate. • Why allow 36 hours for bee swarms? If it is still active, there is a problem but someone will be looking for them to capture and bring home. • Concerns were raised about illnesses and transmission. Is contacting a licensed vet enough or should we require a timeframe?We could add a timeframe, but our approach is to require a vet visit and include education such as recommending cleanliness to prevent diseases. D. Written Public Testimony: Mayor Snider summarized written comments received by noon today. The list included keeping existing rules or adopting Tier 2, support for the Sprague family, keep code as is or Tier 2, concerns with health and why not more consideration for Tier 3; and support for small home farms. Other comments included a model zoning ordinance and articles against urban chickens. Phone-In Public Testimony: Kent Genter called in and remarked on how so much time was spent on this issue. He said people want livestock available on their property and are bound by current regulations in the nuisance code. He said it was comforting to know there had only been six complaints reported. Tier 1 takes care of animal welfare and Tier 2 will satisfy if something more needs to be applied. He said Tier 3 was the epitome of government regulation and would take additional time. He asked Council to remember the quote, "You can never please all of the people all of the time." Kristi Latimer called in and said the Sprague family is creating a beautiful urban farm in the neighborhood. Goats can be borrowed to eat overgrown landscape. She noted it was an example of how to create community. She supported the Tier 1 option and asked if there have been complaints in other areas of the city. In-person Public Testimony: Elizabeth Sprague mentioned the great amount of time she spends defending her family. She preferred Tier 1 or 2. She noted that complaints against them were resolved quickly through responding to code compliance requests. She felt staff has done a good job and are dedicated to finding a solution. She added that this is their way of life and what they choose to do on their property. They educate others about animals and sustainability. Mike Sprague spoke in favor of Tier 1. He said he was slandered and subjected to harassment in a public forum. Records show that livestock are not a problem in Tigard. He referred to a council visit to their property and asked if there was a horrible smell or rats. He said they work to keep issues in check on their property and are tired of hearing they are the issue when there are plenty of other areas Tigard City Council Business Meeting Page 4 November 1,2022 E. Response to testimony by staff. None F. Council questions of staff. Councilor Newton commented, "My neighbors didn't understand that implementation is being brought by code compliance. They assume that folks that already have urban livestock are allowed. People are feeling like it is up to them to be focused on safety and sanitation." She was concerned that while folks might go into this with best intentions,their neighbors may not know what their role is. Councilor Goodhouse favored Tier 2. He suggested staff track complaints and update the Council in one year. Mayor Snider agreed and suggested reviewing annually for the first few years. Council President Lueb said there needs to be a balance between residents having a pleasant experience and overproscribing what people can do in their homes. She acknowledged that complaint-driven compliance can be uncomfortable. She thought the parameters in Tier 2 were good. She expressed sympathy for the Sprague family having to be the poster children for this issue. Councilor Shaw said Tier 2 is balanced. She recommended that the Library offer a section of books on urban farms. Youth Councilor Nag noted there were no maximum numbers listed for livestock but asked if there was a way to require at least two.Associate Planner Pollard agreed that many animals are herd animals. A minimum number is not in the regulations but will be mentioned in educational materials, especially for goats and chickens. G. Close Public Hearing—Mayor Snider closed the public hearing. H. Council consideration of Ordinance No. 22-09 Councilor Goodhouse moved to adopt Ordinance No. 22-09. Councilor Shaw seconded but suggested a friendly amendment that there be an annual review. City Attorney Rihala discussed the difference in intent to recommend an annual review or intent to require an annual review and have it documented. If an annual review is required and Council wants it documented, then the motion can be amended to include it. Council recommended staff return with an annual review of the ordinance. City Recorder Krager read the number and title of the Ordinance and conducted a roll call vote. ORDINANCE NO. 22-09—AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE (TITLE 18) AND NUISANCE CODE (TITLE 6) OF THE CITY OF TIGARD,FOR THE PURPOSE OF ADOPTING URBAN LIVESTOCK REGULATIONS (DCA2022-00003) Tigard City Council Business Meeting Page 5 November 1,2022 Yes No Councilor Shaw x Mayor Snider x Youth Councilor Nag (does not vote on land use matters) Councilor Goodhouse x Councilor Newton x Council President Lueb x Councilor Newton was concerned about ensuring educational components are strong enough so people who are well intentioned don't get in over their heads, adding that no one wants to be in the position where neighbors are complaining about them. Councilor Goodhouse said the city should use communication avenues in addition to the website to get the word out. He suggested a trifold brochure with a QR code be made available at all outreach opportunities and pet and feed stores in the area. The City Council took a brief recess at 7:36 p.m.They returned at 7:41 p.m. and reconvened as the Town Center Development Agency for the next agenda item. 6. TOWN CENTER DEVELOPMENT AGENCY: CONSIDERATION OF A DEVELOPMENT ASSISTANCE AGREEMENT WITH DIG REAL ESTATE Redevelopment Project Manager Farrelly presented this item remotely. Brenner Daniels from DIG Real Estate also attended remotely. The TCDA Board was asked to consider a resolution authorizing the Executive Director to sign a Development Assistance agreement with DIG, setting terms for $650,000 in tax increment financing (TIF) funds for a new mixed-use building in the Tigard Triangle. The funds will pay for certain Systems Development Charges. The TCDA reviewed the grant application at their May meeting and approved a funding level of$650,000. The building will be on the cutting edge of carbon-responsible multi-family development in Oregon and will be certified either as a path to Net Zero project or will have building features that will provide an equivalent energy usage (including solar panels and heat pumps). The project is located at SW Hampton Street and SW 70th Avenue and is proposed at 56,400 square feet in size and include 55 apartments,ground-floor retail and two apartments will be income and rent restricted at 80% or below the area median income. Director Goodhouse moved to approve Resolution No. 22-05 and Director Lueb seconded the motion. City Recorder Krager read the number and title of the Resolution. TCDA RESOLUTION NO. 22-05 -A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO SIGN A DEVELOPMENT ASSISTANCE AGREEMENT WITH DIG TIGARD QOZB, LLC FOR THE 7007 SW HAMPTON STREET PROJECT Tigard City Council Business Meeting Page 6 November 1,2022