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City Council Packet - 06/01/2021 111 q City of Tigard Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: June 1,2021 - 6:30 p.m.Business Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: 'Written public comment may be submitted electronically at www.tigard-or.gov/Comments. All comments must be submitted before noon on the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed, to be placed in the queue.We ask that you plan on limiting your testimony to three minutes. The times listed for Agenda Items 4 and 5 are estimated. Please call in at the beginning of the public hearing to be placed in the queue to testify by phone. SEE ATTACHED AGENDA • VIEW LIVESTREAM ONLINE: htto://www.tigard-or.gov/citv hall/council meeting.pho CABLE VIEWERS:The first City Council meeting of the month may be shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard • Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: June 1,2021 - 6:30 p.m.Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—Phone-In 3. CONSENT AGENDA: (Tigard City Council) The Consent Agenda is used for routine items including approval of minutes, contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting.These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. A. PROCLAIM JUNE AS PRIDE MONTH •Consent A2enda-Items Removed for Setarate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING FANNO CREEK TRAIL CONNECTIONS COMPREHENSIVE PLAN AMENDMENT (CPA2021-00001, CUP 2021-00002,AND SLR 2021-00001)6:35 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING WASHINGTON SQUARE REGIONAL CENTER(WSRC) SUBDISTRICT MODIFICATION DCA2021-00001 6:55 p.m. estimated time 6. NON-AGENDA ITEMS 7. ADMINISTRATIVE REPORT 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT 8:00 p.m. estimated time SUPPLEMENTAL PACKET FOR f. CITY OF TIGARD,OREGON (DATE OF MEETING) TIGARD CITY COUNCIL RESOLUTION NO.21- -oh-- `�� A RESOLUTION OF SUPPORT FOR TIGARD'S ASIAN-AMERICAN PACIFIC ISLANDER COMMUNITY AND CONDEMNING ALL FORMS OF ANTI-ASIAN SENTIMENT AS RELATED TO COVID-19. WHEREAS,the use of anti-Asian terminology and rhetoric related to the global Coronavirus pandemic has perpetuated and exacerbated anti-Asian stigma; and WHEREAS,such stigmatization has resulted in Asian Americans being harassed,assaulted,and scapegoated for the Covid-19 pandemic, and WHEREAS,Asian American and Pacific Islander (AAPI) community members comprise nearly nine percent of Tigard's 54,520 residents; and WHEREAS,many of Tigard's AAPI friends and neighbors fill roles that have been of critical importance to our community during the Coronavirus pandemic,including those of first responders, scientists,health care professionals,teachers,law enforcement,transportation workers, business owners, and essential staff in restaurants, supermarkets, and other important service industries; and WHEREAS,even outside of Tigard's pandemic response,Tigard's AAPI community members come from diverse political, ethnic, and experiential backgrounds that meaningfully contribute to the tapestry of the Tigard lived experience; and WHEREAS,the Tigard City Council and city teammates stand in solidarity with AAPI friends,neighbors, city leaders, and acquaintances in condemning all forms of anti-Asian sentiment,including racism, xenophobia,discrimination, and scapegoating that have manifested themselves in the escalation of Anti- Asian incidents related to COVID-19; and WHEREAS,the Tigard City Council and teammates respect and value the contributions made by Tigard AAPI businesses and community members during a difficult year marked by increased homelessness, unemployment and need for civic engagement;and WHEREAS,the Tigard City Council,Tigard Police Department, and city volunteers urge residents of all ethnicities and national origins to report incidents of crimes and violence against Asian and Pacific Islanders and continue to strive for a more inclusive,diverse,and tolerant community;and WHEREAS,discrimination in all its forms should never be acceptable and the best way to achieve the city's vision of being an equitable community that is walkable,healthy and accessible for everyone is to recognize the integral role diversity,talent,wisdom and differing perspectives contribute to making Tigard an attractive and thriving place to live. NOW,THEREFORE,BE IT RESOLVED by the City Council that: RESOLUTION NO.21- Page 1 SECTION 1: The Tigard City Council and city teammates hereby offer their acknowledgement of,and continuing support for,the contributions and influence of Asian Americans and Pacific Islander Americans to the history, culture, and achievements of our community. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2021. Jason B. Snider,Mayor City of Tigard ATTEST: Carol A. Krager, City Recorder RESOLUTION NO. 21- Page 2 1111 11111 • mg TIGARD Tigard City Council Written Public Comment Received June 1, 2021 5/25/2021 Steve Presson, Wrote in Support of Development Code Amendment DCA2021-00001 Holman Auto Washington Square Regional Center Subdistrict Modification. Group 5/25/2021 Michael C Represents Holman Auto Group and wrote in support of Development Robinson, Code Amendment DCA2021-00001 Washington Square Regional Center Schwabe, Subdistrict Modification. Will be present to answer questions about Williamson & Holman Auto Group's plans for their property. Wyatt 6/1/2021 Steven Strongly opposes Development Code Amendment DCA2021-00001 Pfeiffer, Washington Square Regional Center Subdistrict Modification and requests PerkinsCoie modification. He represents Macerich, owners and operators of Washington Square. Will be present to comment. 6/1/2021 Rupert What is Tigard doing for 4th of July celebration this year, Parade? Reinstadler Fireworks? Hiltffiffil 911 N.E.Second Avenue,Ft.Lauderdale,FL 33304 Since 1924 PH:(954)335-2200 FX:(954)463-6114 Automotive Group, Inc. www.holmanauto.com May 25,2021 Jason B. Snider,Mayor City of Tigard City Council Tigard City Hall 13125 SW Hall Boulevard Tigard,OR 97223 Dear Mayor Snider and City Council Members; I wanted to take this opportunity to thank the City and staff for working this zoning amendment to the point where the City Council can take action.When Holman purchased the Orchard property we launched bringing BMW to Tigard as the top business move and strategy for our Company.Creating this dealership provided the answers our business needed to grow,exp and and meet the needs of our growing customer base. At the same time—the development in Tigard allows us to meet our contractual obligations with BMW while moving offproperty that does not belong to the organization. Holman is very p leased to create this new 210,000+square foot,4 story facility that will house BMW well into the future. The Operation brings over 149 jobs(Over$12 Million in payroll)to Tigard in a wide array ofdisciplines.This BMW franchise is owned by Holman Automotive founded in 1924 and remains a privately held organization. The facility itself acknowledges and supports Tigard's desire to keep inventory and fleet under roof as opposed to the acres of op en lot automobiles.At the same time,the design facing 217 and Cascade reveals its products behind glass curtain walls making it a very proud member of the Tigard skyline. Tigard is also an imp ortantp iece for Holman in the expansion of the BMW EV products in the United States.BMW will be introducing an additional 10 lines in electric vehicles to join what has already been quite successfully received.This new facility in Tigard will allow this expansion to take its proper place in marketing the new lines in Oregon. Timing can be extremely important and,in our case,—the design,development and relocation is under a difficult but achievable timeline.In working with the staff,we have been able to weave our project into Tigard's program and series of approvals. Holman is looking forward to building its BMW future in Tigard. Steve Pres son Real Estate and Development Cc: Susan Shanks Lina Smith Michael C. Robinson Schwabe WILLIAMSON &WYATTe May 26, 2021 Michael C.Robinson Admitted in Oregon T:503-796-3756 C:503-407-2578 mrobinson@schwabe.com VIA E-MAIL Mr. Jason B. Snider, Mayor City of Tigard Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 RE: City of Tigard File No. DCA 2021-00001; City-Initiated Legislative Amendment (the "Amendment")to Modify the Washington Square Regional Subdistrict(the "WSRPD"); Letter on Behalf of Holman Automotive Group in Support of the Amendment Dear Mayor Snider and City Council Members: This office represents Holman Automotive Group("Holman"). Holman owns the former Orchard Supply and Hardware ("OSH")property located at 10031 SW Cascade Boulevard, south of its intersection with Scholls Ferry Road and one of several properties proposed to be added to the Subdistrict. This letter explains why Holman supports the Amendment and requests that the Tigard City Council (the "City Council")approve the Amendment as recommended unanimously by the Tigard Planning Commission(the"Planning Commission")at its May 3, 2021 public hearing. Holman appreciates the City's initiation of this Amendment. Holman supports the Amendment to the WSRPD Subdistrict to expand the Subdistrict to include properties along SW Cascade Boulevard, including Holman's property.Holman has reviewed the Amendment and has determined that it can meet all of the requirements of the WSRPD Subdistrict, including locating vehicle sales inventory and service vehicles inside a building. As Mr. Steve Presson of Holman will tell the City Council, if the Amendment is approved,Holman will construct a very attractive dealership for its BMW franchise. The dealership will be a very strong entry to SW Cascade Boulevard and will provide a substantial employment base and annual payroll, in addition to new property taxes to the City,the school district and other governmental entities.As Mr. Presson's letter to the City Council notes,the BMW dealership will include a full line of electric vehicles. The Amendment is consistent with local and State requirements that additional vehicle trips resulting from the Amendment not adversely affect surrounding street intersections. Pacwest Center 11211 SW 5th I Suite 1900 I Portland,OR 197204 I M 503-222-9981 F 503-796-2900 I schwabe com Mr.Jason B. Snider, Mayor May 26, 2021 Page 2 Holman understands that the Washington Square mall owner has questions concerning the Amendment's impacts on the mall property but these questions do not concern adding the Subdistrict to properties on Cascade Avenue. Holman hopes that the mall owner and the City can successfully address these questions but, regardless of the outcome,Holman asks that the City Council approve the Amendment adding the properties on Cascade Avenue to the Subdistrict so that Holman can proceed with its project. The Amendment provides a new use category on SW Cascade Boulevard that will provide new jobs, new improvements and will provide a future redevelopment opportunity for vacant or underutilized properties on the west side of Oregon Highway 217. In fact,the Amendment is so positive that property owners have asked to have their properties included in the Subdistrict and none have asked to have their properties removed. Mr.Presson,Mr. Chris Clemow,Holman's traffic engineer who prepared the traffic study analyzing the Amendment's traffic impacts, my colleague Garrett Stephenson and I will be present at the June 1, 2021 public hearing to answer any questions that the City Council may have regarding Holman's plans for its property. Very truly yours, J aJty Michael C. Robinson MCR:j mhi cc: Mr. Tom McGuire(via email) Ms. Lina Smith (via email) Ms. Susan Shanks (via email) Ms. Shelby Rihala (via email) Mr. Steve Presson (via email) Mr. Garrett Stephenson (via email) Mr. Chris Clemow (via email) PDX\136910\257387\MCR\30929081.1 schwabe.com Carol Krager From: noreply@revize.com Sent: Tuesday,June 1, 2021 11:54 AM To: Carol Krager Cc: carolinep@tigard-or.gov Subject: Public Comments Attachments: 20210601 Lt Mayor Snyder re Macerich's written comments (DCA2021-00001).pdf Caution!This message was sent from outside your organization. Block sender Name=Steven L. Pfeiffer EmailAddress=SPfeiffer@perkinscoie.com Address= 1120 NW Couch Street,Tenth Floor, Portland, OR 97209 Topic= LEGISLATIVE PUBLIC HEARING:CONSIDER ORDINANCE ADOPTING WASHINGTON SQUARE REGIONAL CENTER (WSRC)SUBDISTRICT MODIFICATION DCA2021-00001 FeedBackText=Please find Macerich's written comments sent by Steven L. Pfeiffer. Client IP= 198.22.100.222 1 I R I-(I N S COI e 1120 NW Couch Street 0 -1.503.727 2000 10th Ftoor 0 +1,50.3.727.2222 Portland,OR 97209-4128 PeriansCoie.corn June 1, 2021 Steven L.Pfeiffer SPfeiffer@perkinscoie.com D. +503.727.2261 F. +503.346.2261 Mayor Jason Snyder City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 Re: Washington Square Regional Center(WSRC)Subdistrict Modification DCA2021-00001 Dear Mayor Snyder and Fellow Councilors: This office represents Macerich with regard to its ownership and operation of Washington Square. On behalf of Macerich,I offer this written testimony in response the above-referenced recommendation from the Planning Commission regarding proposed modifications to the existing Washington Square Regional Center Subdistrict regulations now pending before the Council. Specifically,these proposed modifications to the implementing Subdistrict regulations would eliminate the current allowance of Motor Vehicle Sales/Rental uses and related activities on the majority of the Macerich ownership at Washington Square. Please include this testimony in the record of the Council proceeding and provide written notice of the Council's final action on the subject proposed code modification. As conveyed to the Planning Commission,Macerich strongly opposes the proposed elimination of Motor Vehicle Sales/Rental facilities as an allowed use on the Washington Square site other than within existing structures and at the current location of the existing Jaguar Land Rover Portland facility. While Macerich has no immediate plans for such a facility,it is vital to the continued success of Washington Square as a priority asset for Macerich and as a major contributor to the Tigard community that the flexibility to provide this potential additional retail use be available as Washington Square continues to evolve. Further it is important to Macerich that this potential retail use be allowed at various alternate locations throughout the Washington Square site as additional buildable area becomes available. We believe that the recent development of the Jaguar Land Rover Portland facility in a former parking field and with appropriate visual screening and on-site circulation for vehicles is a successful example of this potential redevelopment opportunity which would be prohibited under the Planning Commission recommendation. This said,however,please note that Macerich recognizes the appropriateness of and accepts the Commission's recommendation that all sales and rental inventory and vehicle service areas associated with such new uses be contained inside a building and that compliance with this new development standard will be assured through the required Site Development Review process. Perkins Cote LLP 152668669.2 Mayor Jason Snyder June 1,2021 Page 2 In summary,Macerich requests that the City Council modify the pending recommended amendment to Chapter 18.670 of the Community Development Code,and specifically Map 18.670.A,to reinclude the entirety of the Washington Square site as an area within the Subdistrict in which Motor Vehicle Sales/Rental uses are allowed subject to such uses being enclosed within a building. Based on productive discussions with Ms. Shanks and Ms. Smith of the Planning staff,we understand that the primary concern with such facilities at Washington Square is the ability to ensure adequate on-site vehicle circulation and the minimization of potential pedestrian/auto conflicts associated with the vehicle service center activities and that such site development issues maybe the subject of a future proposed amendment of the Site Development Review standards to be addressed during the land use review process. Macerich recognizes these potential siting concerns and commits to participating fully as a stakeholder in such future code amendment proceedings,as well as to addressing these questions to the extent possible during any Site Development Review proceeding under the existing applicable standards. Mr. Jacob Knudsen,Assistant Vice President for Macerich,and Maria Halstead, Senior Manager for Washington Square,will be presenting oral testimony during the Council's public hearing and will be happy to answer any questions offered by you or individual councilors. Thank you for the opportunity to present these comments. Sincerely, Steven L.Pfeiffer SLP:rsr cc: Susan Shanks(via email) Lina Smith (via email) Yerlogt a- LE- 152668669 2 LF152668669.2 Carol Krager From: Joanne Bengtson Sent: Tuesday,June 1, 2021 12:29 PM To: Carol Krager Subject: FW:4th of July From: Ruppert Reinstadler Sent:Tuesday,June 1, 2021 11:22 AM To:Jason Snider<Jason@tigard-or.gov> Subject:4th of July Caution!This message was sent from outside your organization. Allow sender I Block sender Hi Jason. I forgot to ask what Tigard is doing for a 4th of July celebration this year? Parade? Fireworks? All my best, Ruppert Reinstadler 503-803-1324 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 SUPPLEMENTAL PACKET FOR ® �ra� � CITY OF TIGARD, OREGON (DATE OF MEETING) TIGARD CITY COUNCIL _ RESOLUTION NO. 21- ��-/e0vGnda— /k A RESOLUTION OF SUPPORT FOR TIGARD'S ASIAN-AMERICAN PACIFIC ISLANDER COMMUNITY AND CONDEMNING ALL FORMS OF ANTI-ASIAN SENTIMENT AS RELATED TO COVID-19. WHEREAS, the use of anti-Asian terminology and rhetoric related to the global Coronavirus pandemic has perpetuated and exacerbated anti-Asian stigma;and WHEREAS, such stigmatization has resulted in Asian Americans being harassed,assaulted,and scapegoated for the Covid-19 pandemic,and WHEREAS,Asian American and Pacific Islander (AAPI) community members comprise nearly nine percent of Tigard's 54,520 residents;and WHEREAS,many of Tigard's AAPI friends and neighbors fill roles that have been of critical importance to our community during the Coronavirus pandemic,including those of first responders,scientists,health care professionals,teachers,law enforcement,transportation workers,business owners, and essential staff in restaurants,supermarkets,and other important service industries; and WHEREAS, even outside of Tigard's pandemic response,Tigard's AAPI community members come from diverse political, ethnic,and experiential backgrounds that meaningfully contribute to the tapestry of the Tigard lived experience;and WHEREAS, the Tigard City Council and city teammates stand in solidarity with AAPI friends,neighbors, city leaders,and acquaintances in condemning all forms of anti-Asian sentiment,including racism, xenophobia, discrimination, and scapegoating that have manifested themselves in the escalation of Anti- Asian incidents related to COVID-19; and WHEREAS, the Tigard City Council and teammates respect and value the contributions made by Tigard AAPI businesses and community members during a difficult year marked by increased homelessness, unemployment and need for civic engagement;and WHEREAS, the Tigard City Council,Tigard Police Department, and city volunteers urge residents of all ethnicities and national origins to report incidents of crimes and violence against Asian and Pacific Islanders and continue to strive for a more inclusive,diverse,and tolerant community;and WHEREAS,discrimination in all its forms should never be acceptable and the best way to achieve the city's vision of being an equitable community that is walkable,healthy and accessible for everyone is to recognize the integral role diversity,talent,wisdom and differing perspectives contribute to making Tigard an attractive and thriving place to live. NOW,THEREFORE,BE IT RESOLVED by the City Council that: RESOLUTION NO. 21- Page 1 SECTION 1: The Tigard City Council and city teammates hereby offer their acknowledgement of,and continuing support for,the contributions and influence of Asian Americans and Pacific Islander Americans to the history, culture,and achievements of our community. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2021. Jason B. Snider,Mayor City of Tigard ATTEST: Carol A. Krager, City Recorder RESOLUTION NO. 21- Page 2 AIS-4660 3. A. Business Meeting One Meeting Date: 06/01/2021 Length (in minutes): Consent Item Agenda Title: Proclaim June as Pride Month Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE On April 29, 2021 Mayor Snider received a request to proclaim June as Pride Month. STAFF RECOMMENDATION / ACTION REQUEST Issue the proclamation KEY FACTS AND INFORMATION SUMMARY Mayor Snider received this email from a Tigard resident requesting this proclamation: "My name is Maria. I am writing because my girlfriend and I recently got engaged and are planning a wedding to take place in June of this year. As members of Tigard's LGBTQ community, we were wondering if the mayor's office was planning on issuing a proclamation recognizing June as LGBTQ Pride Month. Many members of our community continue to face hardship because of their identity and we believe this would be a reaffirming gesture from the city we all love." The Mayor and City Council continue to stand behind the message contained in this proclamation and proudly reaffirm the city's commitment to shaping a welcoming and inclusive community that embraces and honors our similarities and our differences. OTHER ALTERNATIVES Mayor and Council could chose to not move this proclmation forward. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council's Community Promise: EQUITY: WE will ensure just and fair inclusion where all can participate, prosper, and reach their full potential. ENGAGEMENT: WE will involve all voices in our community while building trusting relationships. EXCELLENCE: WE will set high standards and strive to exceed community expectations. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the third year (2019, 2020, 2021) setting aside June as Pride Month. Attachments Proclaim Tune as Pride Month f �M a :� ►. kit ''y, ' . .i ... t r 1. \ ! •fir , , . .. P / i / /.r...., „.„..... �f //. t , ii / / i / J / 'ilA t'n:,,f li^':rd • ,• PRIDE MONTH - r :i iWHEREAS,June is celebrated as LGBTQIA+Pride Month nationwide to ' !!I commemorate the beginning of the Stonewall Uprising in New York; and ./' l' WHEREAS,Tigard is a community that includes and values its Lesbian,Gay, Bisexual, �~ Transgender, Questioning,Queer,Asexual,and Allied(LGBTQIA+)residents;and II 1 WHEREAS,Tigard's LGBTQIA+community is a diverse and essential part of our city • who contribute to the widespread academic,economic,artistic,political,and social •,pik spheres within and around the Tigard community;and I'd" WHEREAS, Pride Month in Tigard is meant to raise awareness of the prejudice and S : • i pill4,i• discrimination still facing members of the LGBTQIA+community and honor their power and perseverance in fighting discrimination in all its forms;and WHEREAS,everyone is entitled to equal rights freely granted to all Americans regardless of race,religion,gender identity or sexual orientation;and ! :'I WHEREAS,our city will stand up to hurtful speech and reinforce our efforts to attract • - . a workforce that is representative of our community so that Tigard becomes a more ,,i vibrant,diverse,and livable community;and .i WHEREAS;the valuable contributions made by our family,friends and neighbors who = represent the diverse Tigard LGBTQIA+community promote innovation and positive 1 .! change with lasting effects within our city. NOW THEREFORE BE IT RESOLVED the City of Tigard City Council does hereby proclaim • ,1 JUNE 2021: PRIDE MONTH + in Tigard,Oregon and urge all residents to respect and honor our diverse community and celebrate and build a culture of inclusiveness and acceptance. N I + IY i;.Dated this 1 "qday of June 2021. I' 1 ' F IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City l of Tigard to be affixed. • anon B. Snider, Mayor City of Tigard ` ' r r Attest: Carol Kreger, City Recdrder rder r ,' AIS-4618 4. Business Meeting One Meeting Date: 06/01/2021 Length (in minutes): 20 Minutes Agenda Title: LEGISLATIVE PUBLIC HEARING: FANNO CREEK TRAIL CONNECTIONS COMPREHENSIVE PLAN AMENDMENT Prepared For: Monica Bilodeau, Community Development Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing - Quasi-Judicial Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE The proposed project includes approximately 7,350 feet (1.39 miles) of new and updated path, designed and constructed in accordance with regional, state, and national standards. The project will install a 12-foot wide paved path with one-foot wide shoulders except in specific areas where environmental constraints justify a narrower section. The project will also construct two (2) 14-foot wide bridges over Fanno Creek and elevated boardwalks, as needed, over wetlands, drainage ways, and natural areas. Specifically, the project will construct three sections of new path and upgrade a fourth section: 1. New path from Woodard Park to Grant Avenue 2. Replacement path from Ash Avenue to Hall Boulevard 3. New path from the Tigard Library to Bonita Road 4. New path from 85th Avenue to the Ki-a-Kuts Bridge over the Tualatin River to the City of Tualatin A comprehensive plan amendment is requested to remove protection from a combined total of 1.13 acres of locally significant wetlands and City regulated vegetated corridors. The amendment is supported by an economic, social, environment, and energy (ESEE) analysis (Attachment 3). This comprehensive plan change will allow for the construction or improvement of portions of four separate path segments that would otherwise be prohibited from construction by the location of existing locally significant wetland and along Fanno Creek. Because there are small portions of the trail that are proposed through residential zoned property a conditional use permit is requested. And finally, a sensitive lands review is requested for impacts to vegetated corridor, FEMA floodway, and steep slopes. These path sections are critical infrastructure and will serve a dual purpose of fulfilling both public transportation and recreational facility needs. The path design and location are consistent with public feedback and prior siting concepts, and path layout and design. Additionally, the new path sections will provide for controlled access to areas it passes through, thereby reducing the introduction and use of rogue paths, which are common along several sections of the proposed path route. Project related planting efforts are also intended to reinforce planned and ongoing restoration efforts and help protect the wetland resources. Additionally, other missing Fanno Creek Trail sections are in the planning phase and will be coming to City Council for approval in the future. The next section that Council will review sometime this summer is a multi-use path connecting Universal Plaza to the Fanno Creek Trail. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council find the proposed Comprehensive Plan Amendment, Conditional use permit, and Sensitive Lands Review will not adversely affect the health, safety, and welfare of the City and meets the Approval Standards as outlined in Section V of this report. Therefore, Staff recommends that City Council APPROVE the proposed amendment along with the conditional use permit and sensitive lands review. The Planning Commission recommended, by a unanimous vote at a public hearing on May 3, 2021, that City Council approve the proposed Comprehensive Plan Amendment, Conditional Use Permit, and Sensitive Lands Review. KEY FACTS AND INFORMATION SUMMARY The 2035 Transportation System Plan (TSP) outlines the City's long-range plans for not only automobile and pedestrian traffic and circulation needs but also the need for non-motorized modes of transportation for regular commuting, as well as recreation. The Fanno Creek Trail is a regional multi-use path envisioned for connecting the West Hills of Portland, at the headwaters of Fanno Creek, all the way to the Tualatin River at Durham. To date many sections of the path network have been completed. There are however several significant gaps in the network within the City limits of Tigard. Project M-2 in the TSP has been identified to "complete gaps along the Fanno Creek multiuse path from the Tualatin River to Tigard Library and from Pacific Highway to Tigard Street." In addition to being a project of local concern, Metro's 2018 Regional Transportation Plan identifies existing and planned sections of the Fanno Creek Trail as a Bicycle Parkway on the Regional Bike Network Map. The Fanno Creek Trail is also designated as a Pedestrian Parkway on the Regional Pedestrian Network map. In partnership with the ODOT, the City is proposing the construction of three new sections of the Fanno Creek Trail. The proposed sections are located along or near alignments previously identified in the City of Tigard 2035 Transportation System Plan (adopted November 23, 2010). Multi-use Path Project M2 includes paths sections through the east end of Woodard Park, Fanno Creek Park, from the Tigard Library to SW Milton Court, and from SW 83h Avenue towards the Tualatin River. The proposed path segments will eliminate an existing gap between Tigard Street and downtown Tigard (the Woodard Park to Grant Ave segment), while the Library over Fanno Creek to Milton Court and 85th to Ki-A-Kuts bridge sections will provide more direct routes from the Tigard Library to Bonita Road, and south from Durham Road to the Tualatin River Bridge, and the city of Tualatin beyond. Proposed path sections, as well as the existing section within Fanno Creek Park, are largely undeveloped. Existing habitats range from mixed wetland and forested or shrub riparian at Woodard Park and Fanno Creek Park to mixed deciduous upland forest and grass meadow along the Tigard Library section. The Durham section begins in an area of mowed lawn before passing through a narrow band of shrubby vegetation and across existing herbaceous wetland nearly to its intersection with the existing path between Cook Park and Durham City Park. Despite crossing or bordering these varied habitats, implementation of the project, as proposed, is not anticipated to result in significant habitat loss. The project related habitat improvements, including the enhancement of habitats along the alignment (following construction) and the project's proposed riparian and upland habitat mitigation area have been sited to maximize the potential for preserving existing forested habitats. Mitigation is proposed along both the Woodard and City Hall sections, and mitigation west of the proposed Tigard Library alignment will augment Metro's ongoing efforts in the wooded areas on lot 1200, which is co-owned with the City of Tigard. Mitigation for a total of 0.34 acres of wetland impacts will be done through the purchase of wetland credits from the Butler wetland mitigation bank, which is located about 1.75 miles west of Tigard City limits. The total acreage of wetland that will be mitigated through the purchase of bank credits is 0.30 acres. Though wetland mitigation will not occur in the vicinity of project impacts, all vegetated corridor mitigation will occur within riparian areas or forested upland immediately adjoining the project corridor. Enhancement of over 9.6 acres of existing riparian and upland forest will be provided to mitigate for approximately 0.79 acres of project related encroachments to City regulated vegetated corridor, and 1.5 acres of CWS regulated corridors. In addition 1.2 acres of plantings are proposed for all temporary vegetated corridor impacts along the trail. OTHER ALTERNATIVES 1. Not approve the request,which would maintain current Goal 5 prohibition on development. Continued use of rogue trails and uncontrolled access would further degrade wetland resources. 2. Modify the proposal to reduce the amount of land removed from the inventory. The majority of wetland impacts are taking place in the Woodard Park Section. That section of the trail could be eliminated to reduce wetland impacts. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Advances Tigard's vision of becoming more walkable, healthy, and accessible for everyone. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Staff Report ESEE Powerpoint Presentation SUPPLEMENTAL PACKET v FOR .__ .(, _ (DATE OF MEETING) ,74 City of Tigard T I G A R D Memorandum ink Aso To: Honorable Mayor and City Councilors From: Monica Bilodeau,Associate Planner Re: CPA2021-00001 Fanno Creek Trail Connections Date: June 1,2021 The purpose of this memorandum is to inform Tigard City Council (Council) of some changes to the proposed Fanno Creek Trail project that occurred after the Planning Commission recommendation. One of the sections of the proposed Fanno Creek Trail (85th Avenue to Ki-A- Kuts bridge (Durham)) discussed in the staff report needs to be relocated. The applicant was informed by Clean Water Services (CSW) that they had provided the City with an inaccurate location of a critical water re-use line running from the Durham Treatment Plant to Tualatin. The trail location along this segment that was recommended by the Planning Commission is actually over the top of the water re-use line. Public Works now has to relocate this trail segment to avoid the water line conflict. The proposed trail segment relocation is just to the east of the original request (see figure attached). This relocation will provide the needed 5-foot minimum clearance between the boardwalk and the waterline to ensure that the line can be accessed in the future without impacting the trail. Fortunately, the change in the trail location will not result in greater overall environmental impacts from the project. There are likely greater temporary impacts to Tigard Significant wetlands as a result of the move,but lower permanent impacts. Both temporary and permanent impacts to the associated vegetated corridor are lower with the new alignment as well. The trail location change will result in a reduction of the acres to be removed from Tigard Significant Wetland and Stream Corridor map from 1.13 acres to 1.06 acres. The new alignment will also require the removal of three additional trees. However, this will not impact the total minimum canopy cover required for the project. Staff Recommendation Due to the reduction in overall wetland impacts as a result of the proposed trail alignment change, staff has determined that the Planning Commission recommendation and findings as written continue to support approval of the project. The references to the number of acres impacted will need to be adjusted but with an overall reduction in impacts the findings continue to ensure that all applicable standards are met. Therefore, staff recommends that CityCouncil adopt by ordinance the proposed Comprehensive Plan Amendment, thereby removing 1.06 acres from the significant wetlands inventory described in the "Tigard Wetland and Stream Corridor Map". I " < =4 tr �.,..,...'..\\\`�1I I I I1 �,.Akre - 4.:741, t _ ,�' �\\1 11111! 11 1, 11 �.a■" '0 ;4.`i 'Z. A ., 1% I I I I i £r ., VIP _ T. D--- \ _ �i .r.•I 111 I I ! HT1 41.'•.;,--4.4.,- m -- I I ii•tirte/t r/i /� - '■,�.,�...` ,m.r�� w ti{:* ' '.,,.n..`u- rej • Iili r �^ �.r !tI / li 14 r ..14.410-.1%,4„ Si; i r I ISI\ 11� / ! i �r714004 1 , fii'r-ir `�. ' ft_ �F. \� I �- r_:Ei�� *'� firnilli, �C '••••,..,...440........._ ■ — 4 II r L oIliallEEM 1"4".. -In: = -Tor 4,,,-,...—_,...,400f..-. \1L .\ 1 /\1 /! ,------— t-,. 00 - Y- - i' _ - +•� - -_ i in 96400 - ijil 11111MArdrilive411.144‘11Cp1 . _ .` 1 I— rrss m -ir mg . 111 �'�I gam' __ � �- __ _ `tet _.�/ �`` fir,,,- Rerised A9gnmeo to '-- ` - 'J .�_\ ` '1 I\' Accommodate CWS P•u,•Line I I -- -_ - ''t.,"—� /) \/' �� 90%Design - ..... / `— _ -- / _I - I \ / __ ____ _ .,_ /\_- I \ , ,,,,,„ City Revised Change from City Tree to b•removed(previously noted) Regulated City Resource Areas Development Plan Alignment Development Plan Tree to be removed(neoly noted) (sq ft) (sq ft) (sq ft) O Tres to be pruned(previously noted) Locally Significant Wetland 0 Tree tsbeawned(newly noted) Permanent Impacts 14,257 11,545 I (2,712) Temporary Impacts 17,517 19,476 I 1,959 I 1 Wetland Vegetated Corridor Vegetated Corridors ."' ■"• Wetland Boundary Permanent Impacts 14,178 12,827 (1,351) —.•— ._ Vegetated Candor Boundary Boardwalk Realignment Durham Segment-Fanno Creek Trail Temporary Impacts 13,943 12,678 (1,265) Public Trail Easement KPFF-05/26/21 Temporary C0nstrudion Easement €119 SCALE xP=mrttr10 0 10 20 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21- AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT TO REMOVE 1.06 ACRES OF LOCALLY SIGNIFICANT WETLANDS FROM THE"TIGARD WETLAND AND STREAM CORRIDOR MAP"INVENTORY(CPA2021-00001,CUP2021-00002 AND SLR 2021-00001) WHEREAS, Section 18.510.080 of the Tigard Community Development Code (TCDC) includes Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River,Fanno Creek, Ball Creek,and the South Fork of Ash Creek;and WHEREAS, TCDC 18.510.080.A. states in order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0040) pertaining to wetlands,all wetlands classified as significant on the City of Tigard'Wetlands and Streams Corridors Map"are protected.No land form alterations or developments are allowed within or partially within a significant wetland,except as allowed/approved pursuant to TCDC 18.510.100;and WHEREAS,TCDC 18.510.100 Plan Amendment Option,provides that any owner of property affected by the Goal 5 safe harbor(1) protection of significant wetlands and/or (2)vegetated areas established for the Tualatin River,Fanno Creek,Ball Creek, and the South Fork of Ash Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure.This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property,but not to remove the requirements related to the CWS Stormwater Connection Permit,which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards."The applicant must demonstrate that such an amendment is justified by either of the following; WHEREAS,TCDC 18.510.100.B further provides that the applicant shall demonstrate that such an amendment is justified by an environmental, social, economic and energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040;and WHEREAS, the applicant prepared an ESEE analysis (Exhibit C) prepared in accordance with OAR 60-23- 040, to justify removal of Goal 5 protection from 1.06 acres of significant wetlands on the subject property; and WHEREAS, on May 3, 2021, the Tigard Planning Commission held a public hearing, which was noticed in accordance with city, standards and recommended approval of the proposed CPA2021-00001/ CUP2021- 00002/SLR2021-00001 by a unanimous vote in favor;and WHEREAS, on June 1, 2021,the Tigard City Council held a public hearing,which was noticed in accordance with city standards, to consider the Commission's recommendation on CPA2021-00001/ CUP2021-00002/ SLR2021-00001,to hear public testimony,and apply applicable decision-making criteria;and WHEREAS, Council's decision to approve CPA2021-00001/CUP2021-00002/SLR2021-00001 and adopt this ordinance was based on the findings and conclusions found in Exhibit"B" and the associated land use record which is incorporated herein by reference and is contained in land use file CPA2021-00001/ CUP2021-00002/ SLR2021-00001. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No.21- Page 1 SECTION 1: Comprehensive Plan Amendment, Conditional Use Permit, and Sensitive Lands Review (CPA2021-00001,CUP2021-00002,and SLR2021-00001) is hereby approved. SECTION 2: The attached findings (Exhibit B) are hereby adopted in explanation of the Council's decision. SECTION 3: The ESEE analysis (Exhibit C) shall be incorporated by reference into the Tigard Comprehensive Plan,and the`Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory,as approved. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of .2021. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2021. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 21- Page 2 EXHIBIT B PLANNING COMMISSION RECOMMENDATION TO u • CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N• SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK TRAIL CONNECTIONS CASE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) CPA2021-00001 CONDITIONAL USE PERMIT (CUP) CUP2021-00002 SENSITIVE LANDS REVIEW (SLR) SLR2021-00001 REQUEST: In partnership with the Oregon Department of Transportation (ODOT), the City of Tigard is proposing the construction of three new sections of the Fanno Creek Trail and improvements to an existing fourth section. 1.Woodard Park to Grant Avenue (Woodard Park) 2. Library over Fanno Creek to Milton Court (Library) 3. 85th Avenue to Ki-A-Kuts bridge (Durham) 4. Improvements to an existing path segment from Ash Avenue east to Hall Boulevard within Fanno Creek Park (City Hall). The City of Tigard is requesting a Comprehensive Plan Amendment to remove 1.13 acres of Tigard significant wetlands from the Wetlands and Stream Corridor map to accommodate the future installation of these trail sections. Because there are small portions of the trail that are proposed through residential zoned property a conditional use permit is requested.And finally, a sensitive lands review is requested for impacts to vegetated corridor, FEMA floodway, and steep slopes. APPLICANT/ OWNER: Oregon Department of Transportation c/o Justin Bernt 123 NW Flanders Portland, OR 97209 City of Tigard c/o Carla Staedter 13125 SW Hall Blvd Tigard, OR 97223 LOCATION: Woodard Park 2S102BA, Lots 300, 302, 304, 501, 5100 2S102BB,Lots 832, 900 PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 1 OF 20 City Hall 2S 102AC,Lot 204 2S 102AD,Lot 2800 2S102DA,Lot 401 2S102DB,Lot 500 Library 2S101,Lot 1200 2S101CC,Lot 100 2S102DA,Lot 600 2S102DD,Lot 100 2S112BA,Lot 6100 Durham 2S113B,Lot 600 2S114AD,Lot 100 2S114DA,Lot 100 ZONE/ COMP PLAN DESIGNATION: PR, IP, and R4.5 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter: 8.210, 18.310, 18.420, 18.510, 18.710, 18.740, 18.910, 18.920, and 18.930. SECTION II. PLANNING COMMISSION RECOMMENDATION. The Planning Commission recommends to the Tigard City Council APPROVAL of the Comprehensive Plan, Conditional Use Permit, and Sensitive Lands Review as determined through the public hearing process subject to certain conditions of approval.The findings and conclusions on which the decision is based are noted in Section VI of this decision. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION,ATTN: Monica Bilodeau (503)718-2427 or MonicaB(a,tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work, the project arborist must perform a site inspection for tree protection measures, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 2. The project arborist must perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non- compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the ENGINEERING DIVISION,ATTN:Jeremy Tamargo, Principal Engineer, (971) 713-0281 or IeremyTntigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAM.CONNECTIONS CPA PAGE 2 OF 20 3. Improvements associated with public infrastructure and stormwater facilities including street and right-of- way dedication, utilities, grading,water quality and quantity facility, streetlights, easements, easement locations, and utility connections and must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Tualatin Valley Fire and Rescue (`IVF&R) Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines 4. Improvements associated with public infrastructure and stormwater facilities including street and right-of- way dedication,utilities, grading,water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review, modification, and approval. 5. Prior to commencing any site work,the applicant must submit a Public Facility Improvement (PFI) Permit to cover all infrastructure work including stormwater (water quality and quantity facilities) and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans must be submitted for review to the Engineering Depat anent. An Engineering cost estimate of improvements associated with public infrastructures includingbut not limited to street. street grading,utilities. stormwater quality and water quantity facilities_ sanitary sewer, streetlights. and franchise utilities are required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Enaineerine cost estimate of water improvement must be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement Permit plans must conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 6. Prior to commencing any site work,the applicant must provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application and must include the vehicles of all suppliers and employees associated with the project. 7. Prior to commencing any site work, the applicant must submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained for review and approval. The storm drainage report must be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. 8. Prior to commencing any site work, the applicant must obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans must be submitted to the City of Tigard for review. The City will forward plans to CWS after preliminary review. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 3 OF 20 9. Prior to commencing any site work, the applicant must submit an erosion control plan as part of the PFI Permit. The plan must conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition). 10. Prior to commencing any site work, the applicant must submit a final grading plan showing the existing and proposed contours. The plan must detail the provisions for surface drainage and show that the site will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. The design engineer must indicate, on the grading plan, areas with natural slopes between 10 percent and 20 percent, as well as natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO FINAL INSPECTION: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION,ATTN:Jeremy Tamargo, Principal Engineer, (971) 713-0281 or TeremvT(&,tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 11. Prior to final inspection,all improvements associated with public infrastructure and stormwater facilities must be constructed, completed and/or satisfied. 12. Prior to final inspection, the applicant must provide Autocad files and pdf files of the as-built drawings. SECTION IIL BACKGROUND INFORMATION. The 2035 Transportation System Plan (TSP) outlines the City's long-range plans for not only automobile and pedestrian traffic and circulation needs but also the need for non-motorized modes of transportation for regular commuting, as well as recreation. The Fanno Creek Trail is a regional multi-use path envisioned for connecting the West Hills of Portland, at the headwaters of Fanno Creek, all the way to the Tualatin River at Durham. To date many sections of the path network have been completed. There are however several significant gaps in the network within the City limits of Tigard. Project M-2 in the TSP has been identified to "complete gaps along the Fanno Creek multiuse path from the Tualatin River to Tigard Library and from Pacific Highway to Tigard Street." In addition to being a project of local concern, Metro's 2018 Regional Transportation Plan identifies existing and planned sections of the Fanno Creek Trail as a Bicycle Parkway on the Regional Bike Network Map. The Fanno Creek Trail is also designated as a Pedestrian Parkway on the Regional Pedestrian Network map. In partnership with the ODOT, the City is proposing the construction of three new sections of the Fanno Creek Trail. The proposed sections are located along or near alignments previously identified in the City of Tigard 2035 Transportation System Plan (adopted November 23, 2010). Multi-use Path Project M2 includes paths sections through the east end of Woodard Park, Fanno Creek Park, from the Tigard Library to SW Milton Court, and from SW 85th Avenue towards the Tualatin River. The proposed path segments will eliminate an existing gap between Tigard Street and downtown Tigard (the Woodard Park to Grant Ave segment), while the Library over Fanno Creek to Milton Court and 85th to Ki-A-Kuts bridge sections will provide more direct routes from the Tigard Library to Bonita Road, and south from Durham Road to the Tualatin River Bridge, and the city of Tualatin beyond. Proposed path sections, as well as the existing section within Fanno Creek Park, are largely undeveloped. Existing habitats range from mixed wetland and forested or shrub riparian at Woodard Park and Fanno Creek Park to mixed deciduous upland forest and grass meadow along the Tigard Library section.The Durham section begins in an area PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 4 OF 20 of mowed lawn before passing through a narrow band of shrubby vegetation and across existing herbaceous wetland nearly to its intersection with the existing path between Cook Park and Durham City Park. Despite crossing or bordering these varied habitats, implementation of the project, as proposed, is not anticipated to result in significant habitat loss. The project related habitat improvements, including the enhancement of habitats along the alignment (following construction) and the project's proposed riparian and upland habitat mitigation area have been sited to maximize the potential for preserving existing forested habitats. Mitigation is proposed along both the Woodard and City Hall sections, and mitigation west of the proposed Tigard Library alignment will augment Metro's ongoing efforts in the wooded areas on lot 1200,which is co-owned with the City of Tigard. Proposed Request: The proposed project includes approximately 7,350 feet (1.39 miles) of new and updated path, designed and constructed in accordance with regional, state, and national standards. The project will install a 12-foot wide paved path with one-foot wide shoulders except in specific areas where environmental constraints justify a narrower section. The project will also construct two (2) 14-foot wide bridges over Fanno Creek and elevated boardwalks, as needed, over wetlands, drainage ways, and natural areas. Specifically, the project will construct three sections of new path and upgrade a fourth section: 1. New path from Woodard Park to Grant Avenue 2. Replacement path from Ash Avenue to Hall Boulevard 3. New path from the Tigard Library to Bonita Road 4. New path from 85th Avenue to the Ki-a-Kuts Bridge over the Tualatin River to the City of Tualatin A comprehensive plan amendment is requested to remove protection from a combined total of 1.13 acres of locally significant wetlands and City regulated vegetated corridors. The amendment is supported by an environmental, social, economic and energy (ESEE) analysis (Attachment 2). This comprehensive plan change will allow for the construction or improvement of portions of four separate path segments that would otherwise be prohibited from construction by the location of existing locally significant wetland and along Fanno Creek. The breakdown of impacts to significant resources is outlined in the following table. Regulated City Resource Woodard City Hall Library Durham Total Areas (sq ft) (sq ft) (sq ft) (sq ft) (sq ft/acres) Locally Significant Wetland Permanent Impacts 410 I 1 14,257 1 14,667 / 0.34 Temporary Impacts I 1 17,517 1 17,517 / 0.40 Vegetated Corridors Permanent Impacts 7,460 3,122 9,671 14,178 34,431 / 0.79 Temporary Impacts J 14,158 25,172 12,147 13,943 65,420 / 1.50 These path sections are critical infrastructure and will serve a dual purpose of fulfilling both public transportation and recreational facility needs. The path design and location are consistent with public feedback and prior siting concepts, and path layout and design. Additionally, the new path sections will provide for controlled access to areas it passes through, thereby reducing the introduction and use of rogue paths, which are common along several sections of the proposed path route. Project related planting efforts are also intended to reinforce planned and ongoing restoration efforts and help protect the wetland resources. This project will fill in key gaps on the Fanno Creek Regional Trail in Tigard and provide a safe, comfortable, enjoyable, and reasonably direct travel experience for citizens utilizing non-motorized transportation in Tigard and the region. The Fanno Creek Trail is the main north-south walking and cycling route in south Washington County, and is the parallel walking and cycling route to Interstate 5 and OR 217. It is identified as a Regional Trail in Metro's Regional Transportation Plan Regional Pedestrian and Bicycle Networks. However, its effectiveness as a transportation facility is currently significantly reduced by the many gaps and substandard areas of the path in Tigard. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA202I-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 5 OF 20 SECTION IV. NOTICE AND COMMENTS FROM INTERESTED PARTIES The city sent notice of a Public Hearing to interested parties and posted the request on the city's website on April 7, 2021.All comments received are in support of the project. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The following summarizes the review criteria applicable to this decision,in the order in which they are addressed: Applicable Review Criteria 18.110 Residential Zones 18.130 Industrial Zones 18.140 Park and Recreation Zones 18.510 Sensitive Lands 18.420 Landscaping and Screening 18.740 Conditional Uses 18.910 Improvement Standards SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS The following subsections address only the approval criteria applicable to this decision. 18.110 RESIDENTIAL ZONES 18.110.020 List of Base Zones R-4.5: low-density residential zone. The proposed trail, listed as "Transportation/Utility Corridor" under Other Use Categories, is allowed conditionally in residential zones per Table 18.110.2. No other uses are proposed in this project. No development standards apply. 18.130 INDUSDRIAL ZONES 18.130.020 List of Base Zones I-P: Industrial Park Zone. The proposed trail, listed as "Transportation/Utility Corridor" under Other Use Categories, is allowed in industrial park zones per Table 18.130.1. No other uses are proposed in this project. No development standards apply. 18.140 PARKS AND RECREATION ZONE 18.140.030 Other Zoning Regulations The regulations within this chapter state the allowed uses and development standards for the base zone. Sites with overlay zones, plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as provided elsewhere in this title. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 6 OF 20 The proposed Trail, listed as "Transportation/Utility Corridor" under Other Use Categories, is allowed conditionally in the Parks and Recreation Zone per Table 18.140.1. However, footnote number five states multi-use trails are allowed. No base zone development standards apply. 18.510 SENSITIVE LANDS 18.510.040 General Provisions for Special Flood Hazard Areas All four path sections are located in the FEMA 100-year Flood Zone,however,proposed path improvements are not structures as defined by this code section and, as such,this section is not applicable. 18.510.070 Sensitive Lands Applications. B. Within a special flood hazard area. 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations shall preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; Due to the extent of regulated floodway along Fanno Creek large sections of the proposed trail will be located within floodway. Path sections within the floodway include the entirety of the Woodard Park and City Hall sections; the first 500 feet of the Library path beginning from its point of intersection with the existing library path; and the southernmost 500 feet of the Durham path.Though most of these sections typically include at-grade path, proposed structures within the floodway include two bridge crossings of Fanno Creek (one each along the Woodard Path and Library sections).The Woodard Park section also includes raised boardwalk, beginning west of the new bridge and extending to the path intersection at Grant Avenue,resulting in a total linear distance of approximately 490 feet of raised path. All such structures have been sited and designed to meet no-rise certification, as required. Documentation of compliance has been certified by a registered professional engineer and is included in a hydraulic design report, and associated addendum (Attachment I).The original report includes two additional bridges that were eventually eliminated from the City Hall path section; the addendum is associated only with the Woodard Park and Library bridges. Other landform alterations within the special flood hazard area for path and boardwalk construction will also preserve the storage function and comply with no rise requirements.These standards are met. 3. Land form alterations or developments within the special flood hazard area shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the community development code shall be allowed in areas designated residential subject to applicable zoning standards; Improvements within the special flood hazard area for path construction are proposed in areas zoned Industrial Park (I-P),Residential(R-4.5), and Parks and Recreation (PR).Proposed landform alterations are therefore allowed in the industrially zoned areas and, as the proposed path is a community service use,is also allowed in the residential zones.This standard is met. 4. Where a land form alteration or development is permitted to occur within the special flood hazard area it will not result in any increase in the water surface elevation of the 100-year flood; PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 7 OF 20 All proposed actions in the flood hazard area,including path and boardwalk construction and two bridge crossings of Fanno Creek,have been sited and designed to avoid any increase in the surface elevation of the 100-year flood. Confirmation that proposed actions will not result in an increase, and is located in the project's Bridge Hydraulic Design and Scour Assessment Detailed Report and associated amendment document. Both documents are included in Attachment I. This standard is met. 5. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the hearings officer as untimely; The proposed project is a multi-use path, designated as Project M-2 in the City's 2035 Transportation System Plan (TSP) and is in compliance with the TSP.This standard is met. 6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; A wildlife habitat assessment (WHA) has been completed for each of the three new path sections located within the floodplain of Fanno Creek, to assess and record the quality of wildlife habitat in the vicinity of each trail alignment. A WHA was not completed for the City Hall section because all work will occur upon or immediately adjacent to the existing path alignment. Though the assessment is triggered by the proposed construction of path segments within the floodplain the WHA assessments were not limited to habitat areas within floodplain. The iterative design and review process,including review comments from CWS, Metro,the applicant, City of Tigard,local tribes, and the public have all informed the proposed alignment,which minimizes impacts to wildlife habitat,both plants and animals, to the extent practicable. This has been accomplished by limiting ground disturbance by constructing the path at grade where possible,thus limiting the extent of ground disturbing activities. Further minimization of habitat degraded was accomplished by the utilization of raised boardwalks and bridges,which allow for animal movement beneath the structure. The WHA of each site confirmed a measure of historic and ongoing habitat degradation typical for pockets of wildlife habitat in an urban area.Woodard Park represented the most constricted habitat area, the result of adjoining industrial uses to the north and residential lands to the south. Though direct comparison is not possible,habitat quality at Durham is likely significantly improved over the past decade, following restoration of native grassland in an area that had been farmed for decades prior.Habitat quality was highest in the vicinity of the proposed Library alignment where significant areas of riparian and upland forest have remained relatively undisturbed. These standards are met. 7. The necessary U.S.Army Corps of Engineers and State of Oregon Land Board,Division of State Lands, and CWS permits and approvals shall be obtained; and Though only portions of the special flood hazard area meet wetland criteria and,therefore, require regulatory permits for proposed actions, a Joint Permit Application (JPA) for proposed impacts to jurisdictional wetlands will be submitted to both Oregon Department of State Lands (DSL) and the U.S.Army Corps of Engineers (Corps). The applicant has been working with CWS to receive pre-application feedback and approval for proposed impacts to regulated vegetated corridor (VC). A full Site Assessment has been provided to CWS and the applicant has responded to CWS'review comments,as part of the requirement for receipt of a Service Provider Letter (SPL). This standard is met. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 8 OF 20 8. Where landform alterations and/or development are allowed within and adjacent to the special flood hazard area, the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in accordance with the adopted pedestrian/bicycle pathway plan. The proposed project is identified in the City's 2035 TSP as Multi-use Path Project M-2 and has been designed in compliance with both Tigard's TSP and the Tigard Greenways Trail System Master Plan (2011). With the master plan, both the Woodard Park and Durham trail sections were designated as high priority, with the Library section designated as a medium priority.As the project is a multi-use path envisioned to aid in completing the Fanno Creek Regional Trail, additional dedication of lands within the special flood hazard area is unnecessary. This standard is met. C. With steep slopes. 1. Compliance with all of the applicable requirements of this title; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; No ground disturbing activities more than those necessary to construct the path, including bridge and boardwalk elements, are proposed. 3. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; Mapped steep slopes located at the east end of the Woodard section are associated with existing roadway fill embankment. A raised boardwalk at that location will minimize the need for ground disturbance as the boardwalk will approach Grant Avenue at existing sidewalk grade. The proposed bridge crossing of Fanno Creek east of the City Library will be sited in an area of mapped steep slopes. Slopes of more than 25 percent are associated with the channel of Fanno Creek and the proposed bridge is designed to completely span the creek. To protect the bridge abutments, as well as restore a more natural stream cross-section, the project includes a cut back of the over-steepened upper banks, which will also reduce loading on the exposed bank. Associated grading above the ordinary high water line of Fanno Creek is intended to decrease the potential for future erosion of the upper portion of the creek bank and adjoining floodplain above ordinary high water. This standard is met. 4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet or high water table; high shrink-swell capability; compressible or organic; and shallow depth-to-bedrock; and The boardwalk at the east end of the Woodard section and the bridge over Fanno Creek east of the City Library have both been designed for structural stability relative to their proposed locations. Though the footings of the Fanno Creek bridge will be subject to inundation above the two-year flood elevation, the footings will be protected well below the design scour elevation. This standard is met. • PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 9 OF 20 5. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in compliance with CWS "Design and Construction Standards". All areas of temporary encroachment into regulated corridors will be replanted in compliance with CWS standards. This standard is met. E.Within wetlands. 1. Compliance with all of the applicable requirements of this title; 2. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the comprehensive plan special flood hazard area and wetland map nor is within the vegetative corridor as provided in"Table 3.1 Vegetative Corridor Widths" and "Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards," for such a wetland; Both the Woodard to Grant Avenue and 85th to Kia Kuts Bridge (Durham) sections include proposed land form alterations and development within designated significant wetland and its adjoining VC. These impacts will be addressed as required by Section 18.510.100 Plan Amendment Option. Impacts to the northern extent of two wetlands not designated as significant are proposed for the section of at-grade path between Woodard Park and a proposed bridge over Fanno Creek. Impacts to regulated VC associated with wetlands not designated as significant will also be necessary. This standard is met. 3. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; Permanent and temporary land form alterations have been limited to the minimum area required for construction of a multi-use path that is both functional and safe to use. This includes minimizing the width of the paths, boardwalks, and bridges when necessary to limit the project footprint. Project design also included a detailed analysis of multiple site access and constructability scenarios to minimize the need for access routes or construction staging areas. Despite the proximity to wetlands along all path sections, permanent and temporary impacts have been completely avoided for two of the four proposed path sections. This standard is met. 4. Any encroachment or change in on-site or off-site drainage that would adversely impact wetland characteristics have been mitigated; Permanent wetland impacts will be mitigated through the purchase of wetland credits from one of the two wetland mitigation banks with service areas that encompass the Tigard area. This standard is met. 5. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with CWS "Design and Construction Standards"; Compliance with Washington County's Surface Water Management program is affirmed within the project storm water report (Attachment I). The project will also be constructed in compliance with CWS' current design and construction standards. Confirmation of CWS compliance will be provided in the CWS Service Provider Letter, which will be provided to the City. This standard is met. 6. All other sensitive lands requirements of this chapter have been met; PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 10 OF 20 All sensitive lands requirements have been met,as detailed through prior responses to Section 18.510.070. This standard is met. 7. The necessary U.S.Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals must be obtained; A Joint Permit Application (JPA) for proposed impacts to jurisdictional wetlands will be submitted to both DSL and the Corps. A full Site Assessment will be provided for CWS review, as part of the requirement for receipt of a SPL. This standard is met. 8. Physical limitations and natural hazards, special flood hazard area and wetlands,natural areas, and parks,recreation and open space policies of the comprehensive plan have been met The project includes no known physical limitations, and no conflicts with natural hazards or natural areas are anticipated. Compliance with special flood hazard areas is affirmed in the findings associated with Chapters 18.510.040 (General Provisions for Special Flood Hazard Areas) and 18.510.070(B) (Sensitive Lands Applications for actions within the special flood hazard area). Compliance with wetland policies is detailed in the findings of Chapters 18.510.050 (General Provisions for Wetlands), 18.510.070(E) (Sensitive Lands Applications for actions in wetlands), and 18.510.080 (Locally Significant Wetlands).The proposed use is a multi-use path and as such follows parks, recreation and open space policies. This standard is met. 18.510.080 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030)pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.510.100. The subject property includes locally significant wetlands that are identified as locally significant wetlands on the City of Tigard "Wetlands and Stream Corridors" map and are, therefore, protected. The applicant has applied for the Plan Amendment Option in Section 18.775.130 to remove Goal 5 protections from 1.13 acres of significant wetlands to allow the proposed trail. 18.510.100 Plan Amendment Option A. Comprehensive plan Amendment. Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands and/or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal.The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards." The applicant shall demonstrate that such an amendment is justified by either of the following: B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. The applicant has chosen to demonstrate the amendment is justified through an ESEE analysis, rather than a demonstration that the wetlands are not significant. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 11 OF 20 The applicant submitted an ESEE analysis dated 2-09-21 (Attachment 2 of Application) prepared in accordance with OAR 60-23-040, to justify removal of Goal 5 protection from 1.13 acres of significant wetlands on the subject property. 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planning Area; As described in the ESEE analysis,the applicant has considered the ESEE consequences of allowing the conflicting use, in this case the three trail sections, and considered the impacts on the specific resource site as well as other comparable sites within Tigard. As described in the applicant's analysis, the consequences of allowing the proposed conflicting use provide a net positive benefit to the resource through enhancements and the controlled access to the resource area. Since the proposal is specific to filling is specific gaps to an existing trail, no other comparable sites exist within the Tigard Planning Area.This standard is met. 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; As outlined in the ESEE report, from an economic perspective, trails can increase property values,increase tourism, and entice companies, which create jobs, to relocate to areas near trails. Trails have been shown to have direct, indirect, and induced economic benefits. Trails can benefit physical and mental health, which can in turn reduce medical costs. From an economic standpoint, limiting the conflicting uses will have a net positive economic impact. The economic effects resulting from limiting the conflicting uses and bridging the gaps can be viewed from the direct economic effects, the indirect economic effects, and the induced economic effects resulting from trail construction. The direct economic effects include those resulting from the direct spending by consumers. This includes expenditures such as equipment (e.g. bicycles) necessary to use the trail and includes the money spent by tourists using the trail. Metro cites the previously mentioned study from South Carolina, where a bike shop saw a 20 percent annual increase in sales resulting from the construction of a nearby trail. Numerous studies across the country have shown an increase in tourism in relation to trail use, including a $12 million annual increase in recreation dollars associated with trail use in Virginia. In the Portland area, bicycling tourism and activities generate $89 million in annual economic activity. Indirect economic benefits cited include the increase in home values in areas in close proximity to trails. Other indirect economic effects include the economic benefits realized from local suppliers of recreational trail equipment, such as bicycles, buying equipment or supplies from other businesses. The indirect benefit of trails is also related to the medical savings realized from commuters and recreationists using trails. In a 2004 study the annual cost of using trails was determined to be $209 ($59 for construction and maintenance, $150 for equipment and travel). The annual medical benefit for using the trails was estimated to be $564. The cost-benefit ratio from using trails was 2.94,which translated into every$1 invested in trail for physical activity resulted in $2.94 in direct medical benefit. It has been estimated that an increase in trail walking from an average of almost 35 minutes every week to 150 minutes every week can reduce illness related costs by up to $5.3 million annually. Induced economic effects refer to the increase in buying power from employees or those benefiting from the trail and their increased consumer spending. Negative economic consequences associated with limiting the conflicting use include the annual costs of maintaining the trails and the initial costs of its construction, though short-term benefits are seen from increased construction-related employment. This standard is met. 3. In particular,ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning Area that can meet the specific needs of the proposed use; The greater portion of the Fanno Creek Trail has been constructed and in place for several decades; the existing path sections define the locations where remaining connections must be completed. Current conditions between PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 12 OF 20 existing gaps provide both pedestrian and bicycle route options for connectivity. These connections however lack reasonably direct routes and cannot provide a sufficient level of service for increased use (that is the existing path and/or on-street routes cannot facilitate mixed use travel that is safe for cyclists and pedestrians, and where required, motorists). One of the greatest difficulties in assessing path alignments that meet the needs of the proposed use is the fact that there are no buildable lands upon which the path could be constructed; the options are limited to the utilization of "unbuildable lands" or `built' lands. Lands adjoining the existing and proposed path sections are nearly fully developed; there are simply no unbuilt areas that lack sensitive areas, as defined by the City of Tigard. This standard is met. 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; The Project Team for the Comprehensive Plan Amendment and ESEE Analysis includes Shawn Eisner, Project Manager and Natural Resource Specialist with Pacific Habitat Services; John van Staveren, Professional Wetland Scientist (PWS) and President of Pacific Habitat Services; and Lynda H. Wannamaker, environmental and land use planner and President of Wannamaker Consulting, Inc., all of whom are qualified and experienced in the preparation of a Goal 5 ESEE analysis.This standard is met. 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" shall be amended to remove the site from the inventory. On approval of this request, the ESEE analysis will be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map"will be amended to remove the sites from the inventory. 18.420 LANDSCAPING AND SCREENING 18.420.030 General Provisions A. All required trees must meet the city's Urban Forestry Manual (UFM) standards as follows: 1. Street trees must meet the street tree planting and maintenance standards in UFM Section 2 and street tree soil volume standards in UFM Section 12; 2. Parking lot trees must meet the parking lot tree canopy standards in UFM Section 13; and 3. All other trees must meet the tree canopy site plan requirements in UFM Section 10, Part 2. An Urban Forestry Plan was prepared/approved by Morgan Holen, a Certified Arborist/ Tree Risk Assessor.The Plan is included in Attachment S. Section one and two above do not apply as this is a trail project.This standard is met. 18.420.040 Landscaping Standards A. Landscaping standards are provided in Table 18.420.1. Landscaping standards must be met as required by the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. B. Landscaping or other areas used to meet the minimum landscape area standard must be provided on site and may be met by any combination of the following: 1. Landscaping, including parking lot landscaping, that meets the L-1 or L-2 landscaping standard; 2. Landscaping that meets the S-2, S-3, or S-4 screening standard as provided in Table 18.420.2 where required by the applicable development standards chapter; or 3. Other areas as specified by the applicable development standards chapter. There is no minimum landscape area standard for a trail use.These standards do not apply. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 13 OF 20 18.420.060 Tree Canopy Standards A. Site tree canopy standards, which are stated as a percentage of effective tree canopy cover for an entire site, are provided in UFM Section 10, Part 3, Subparts N and O. Parking lot tree canopy standards are provided below. The Project is considered non-residential development and a minimum 33 percent effective tree canopy cover is required for the overall development site. No new trees are proposed as part of the Urban Forestry Plan because the existing trees provide more than the minimum canopy cover that is required. Because the trail sections span such a large area 63 percent of the site will already have tree canopy coverage,which exceeds the minimum required. This standard is met. B. An urban forestry plan is required to demonstrate compliance with site and parking lot tree canopy standards and must meet the requirements of UFM Sections 10 through 13. An urban forestry plan must: 1. Be coordinated and approved by a project landscape architect or project arborist, i.e. a person that is both a certified arborist and tree risk assessor, except that land partitions may demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; 2. Demonstrate compliance with UFM tree preservation and removal site plan standards; 3. Demonstrate compliance with UFM tree canopy and supplemental report standards and provide the minimum effective tree canopy cover; 4. Demonstrate compliance with parking lot tree canopy standards, where applicable, by providing the minimum effective tree canopy cover of 30 percent for all parking areas, including parking spaces and drive aisles. Only the percentage of tree canopy directly above parking areas may count toward meeting this standard; and 5. Include street trees where right-of-way improvements are required by Chapter 18.910, Improvement Standards. a. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. b. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer. c. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. Tree protection fencing and other root protection measures are to be utilized. The disturbed areas adjoining the sides of the trail will be seeded to provide a safety corridor for good views and surveillance. The land managers of each parcel (Metro and Tigard) have long term restoration planting goals for each site that will be restored using appropriate plant materials and spacing to support the various habitats as well as provide good visual access for safety. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 14 OF 20 Of the 487 inventoried trees, 302 are planned for retention. The effective tree canopy cover is 63 percent of the overall development area. As conditioned these standards are met. 18.740 CONDITIONAL USES 18.740.050 Approval Criteria The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: A. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; The purpose of the proposed project is to fill in gaps in the existing regional trail system in three path sections and to upgrade an existing fourth section of the trail. The path section in Fanno Creek Park is an existing approved use proposed for upgrades and this section is, therefore, not applicable. The remaining three project path sections, which connect other existing trail sections, are in corridors appropriate for path construction. The path is proposed to be sited largely on public lands, with some construction proposed on a few private parcels located in the central and eastern portions of the Woodard Park section where path easements already exist. The path alignment follows existing grade where possible, to limit ground disturbance and reduce construction costs. The alignment and design take existing natural features into consideration, avoiding path construction in the sensitive areas,wherever possible, and limiting impact, by alignment, implementation or design when impacts were not avoidable. This standard is met. B. The operating characteristics of the proposed use are reasonably compatible with surrounding properties,public facilities, or sensitive lands with regard to noise, vibration, air quality, glare, odor, and dust; As the proposed project is a multi-use path, use of the path will result in an increased human presence in all areas. This is by design as the intent of the project is to provide a relatively direct, off-street option for increased bicycle and pedestrian traffic through and within Tigard. The properties adjoining the existing and proposed path sections are either already subject to similar levels of noise and/or human presence or are unlikely to be negatively impacted by the increased presence of human activity due to the relative proximity of the proposed path alignment to adjoining land uses. The Woodard section will begin within existing park boundaries, crossing residentially and industrially zoned parcels to the east. Ongoing industrial uses to the north will be unaffected by trail users, and residential land to the south will be separated from the new path by at least 100 feet of mixed wetland, forested riparian area, and Fanno Creek. The closest residence to the south stands about 200 feet from the proposed path. The path already exists in Fanno Creek Park along the City Hall section so increases in path usage are unlikely to be noticed by anyone except other park users. Like conditions along the proposed Woodard Park section, lands to the north of the path in Fanno Creek Park are industrial, and there is significant separation between the path and residential areas to the south. The Library section will begin at a new intersection with an existing path located north and east of the library. Though this will be an entirely new section of path, its alignment will provide a much more direct route through and across the City and Metro owned parcels than a series of informal, rogue paths that provide seasonal passage from Hall Boulevard to Milton Court. The Durham section of path will roughly follow a narrow rogue footpath that has existed in the area for many years. The alignment will be sited just west of existing railroad embankment, providing a connection between two existing popular paths that provide access to Cook Park to the west. The proposed paths are not intended to contribute to concerns regarding vibration, air quality, glare,odor, and dust, though use of the path as an alternative to utilizing motor vehicle transport should have some beneficial effect on area air quality. This standard is met. C. The physical characteristics of the proposed development are reasonably compatible with surrounding properties,public facilities, or sensitive lands with regard to building height, location, and orientation; PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 15 OF 20 The proposed path generally consists of an at-grade, or just above existing grade, cross-section. It has been sited and designed to follow existing grade where possible. Where necessary to limit impacts to existing wetland, or to facilitate path construction where at-grade sections were not feasible, raised boardwalks will be utilized. Additional structures include bridge construction at two necessary crossings of Fanno Creek. Where the larger, engineered elements were necessary, they have been designed and sized to provide a functional structure to facilitate years of safe use. The bridges and boardwalks include architectural elements that maintain conformity with existing City path structures. The path alignment has sought to minimize impacts to sensitive lands wherever possible.This standard is met. D. Any adverse impacts from the proposed development or use are mitigated to the extent practicable Mitigation for a project total impact of 0.34 acres of wetland will be mitigated through the purchase of wetland credits from the Butler wetland mitigation bank, which is located about 1.75 west of Tigard City limits. The total acreage of wetland that will be mitigated through the purchase of bank credits (0.30 acre) is smaller than the footprint of impacts to City of Tigard Significant Wetland because the use of footings beneath the boardwalk proposed along the Durham path section results in a permitted footprint of fill that is smaller than the City regulated area; the state and federal footprint of fill is associated with the footings only, whereas the City's footprint of impact to significant wetland has been calculated according to the full length and width of the boardwalk. Though wetland mitigation will not occur in the vicinity of project impacts, all vegetated corridor mitigation will occur within riparian areas or forested upland immediately adjoining the project corridor. Enhancement of over 9.6 acres of existing riparian and upland forest will be provided to mitigate for approximately 0.79 acres of project related encroachments to City regulated vegetated corridor, and 1.5 acres of CWS regulated corridors. The enhancement area total is in addition to the enhancement/restoration of all temporary vegetated corridor impacts, which account for another 1.2 acres of plantings. The applicant will utilize a mitigation option with CWS that allows for the fulfillment of mitigation and enhancement requirements via payment to CWS, who will then complete the mitigation and enhancement efforts,including monitoring and maintenance. This standard is met. E. The proposed development is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable; The proposed project is specifically designed and sited for the purpose of pedestrian and bicycle access, safety, and connectivity. This standard is met. F. The proposed development complies with all applicable standards and requirements of this title, except where an adjustment has been approved or the approval authority has determined that a more restrictive development or design standard is necessary to address issues of compatibility or walkability; and The Fanno Creek Trail project will comply with all required and applicable standards. The authorization of approval for path construction through significant wetlands has been sought through the completion of an Economic, Social, Environmental, and Energy analysis. This standard is met. G. Adequate public facilities are available to serve the proposed use at the time of occupancy. This project includes no public facilities, this finding does not apply. 18.910 IMPROVEMENT STANDARDS 18.910.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 16 OF 20 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. The site plan shows stormwater is separate and independent of any sanitary sewerage system. Each of the four path sections are located wholly or partially on public land. Surface water is not carried across any intersection or allowed to flood any street. Surface water drainage patterns are shown on the development plan. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. Each of the four path sections are located wholly or partially on public land. Path easements were obtained or modified for the crossing of commercial and residential properties along the central and eastern portions of the Woodard Park trail section. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and the City Engineer shall approve the necessary size of the facility, based on Clean Water Services requirements. Culverts are not proposed or deemed necessary to accommodate an upstream drainage area. D. Effect on downstream drainage.Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in compliance with Clean Water Services requirements. A preliminary hydraulics report and stormwater management plan was submitted with the Land Use Application. The preliminary report shows the project will meet the no-rise requirement. The development is not anticipated to have impacts on the downstream drainage system. As noted in the preliminary stormwater report, "Since the project is within the floodplain and within an area of high groundwater, meeting the hydromodification requirements are not feasible." Water quality will be addressed for each trail segment to the extent feasible. For segments where water quality or hydromodification are not feasible, the trail segments qualify through CWS standards (CWS 4.03.7) for the option of payment of a fee-in-lieu of constructing stormwater management facilities. This criterion is met with the following conditions of approval: Prior to commencing any site work, the applicant must submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained for review and approval. The storm drainage report must be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. Prior to commencing any site work,the applicant must obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans must be submitted to the City of Tigard for review. The City will forward plans to CWS after preliminary review. PLANNING COMNIISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 17 OF 20 Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities must be constructed, completed and/or satisfied. 18.910.150 Installation Prerequisite A. Approval regAired. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the city,permit fee paid, and permit issued. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement. The permit fee shall be set by council resolution. These criteria are met with the following conditions of approval: Prior to commencing any site work, the applicant must submit a Public Facility Improvement (PFI) Permit to cover all infrastructure work including stormwater (water quality and quantity facilities) and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans must be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street. street grading.utilities. stormwater duality and water quantity facilities. sanitary sewer. streetlights. and franchise utilities are required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction. an Engineering.c o5t,e5tjmate,of water improvement must be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement Permit plans must conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page(www.tigard-or.gov). Improvements associated with public infrastructures including street and right-of-way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connections must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Tualatin Valley Fire and Rescue (TVF&R) Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines Prior to commencing any site work, the applicant must provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application and must include the vehicles of all suppliers and employees associated with the project. 18.910.170 Plan Check A. Submittal requirements.Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance.All such plans shall be prepared in compliance with requirements of the city. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 18 OF 20 These criteria are met with the following condition of approval: Improvements associated with public infrastructure and stormwater facilities including street and right-of-way dedication, utilities, grading,water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review,modification,and approval. 18.910.190 City Inspection of Improvements Improvements shall be constructed under the inspection and to the satisfaction of the city.The city may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Requirements for City Inspection will be coordinated during PFI Permitting. Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities must be constructed, completed and/or satisfied. Prior to final inspection,the applicant must provide Autocad files and pdf files of the as-built drawings. SECTION VI. OTHER STAFF COMMENTS, The City Police Department reviewed the proposal and has no objections to it. The City Public Works Department was notified of the proposal and did not provide comment. SECTION VII. AGENCY COMMENTS. Oregon Department of Fish and Wildlife (ODFW)were notified of the proposal but provided no comment. Oregon Department of Land Conservation and Development (DLCD), Oregon Division of State Lands (DSL),Washington County, and Metro were notified of the proposal but provided no comment. SECTION VIII. ANALYSIS AND RECOMMENDATION. ANALYSIS: As shown in the analysis above, the applicant's ESEE analysis addresses the requirements of the Tigard Development Code, Chapter 18.510 Sensitive Lands. The subject property contains locally significant wetlands protected under Goal 5 safe harbor. The applicant has applied for a quasi-judicial comprehensive plan amendment under a Type IV procedure. The application is based on a specific development of three new trail connections and improvements to a fourth section. The applicant has demonstrated that such an amendment is justified by an ESEE analysis consistent with OAR 660-23-040. The ESEE analysis concludes that limiting the conflicting use to the proposed trails would result in the most positive consequences of the three decision options. A decision to limit the conflicting use will avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting uses. Through the application of site design and development standards to conflicting uses, the impacts on the significant wetland further can be minimized, and the remaining resource can be enhanced. There will be a relatively high level of economic, social, environmental and energy benefits achieved. Limiting the conflicting use offers the most benefit to the wetland (through controlled access and enhancement) and to the community (transportation corridor for all and education opportunities), and it strikes a balance between conflicting uses and regional transportation goals. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 19 OF 20 RECOMENDAI"ION As demonstrated by the findings above, the Planning Commission by a unanimous vote in-favor of the proposed Comprehensive Plan Amendment, Conditional Use Permit, and Sensitive Lands Review complies with the applicable Statewide Planning Goals, applicable regional, state and federal regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances and can be approved subject to certain conditions of approval detailed in Section II. Therefore, the Planning Commission recommends that the City Council adopt by ordinance the proposed Comprehensive Plan Amendment, thereby removing 1.13 acres from the significant wetlands inventory described in the "Tigard Wetland and Stream Corridor Map" through the public hearing process. Attachments: Attachment 1: Site Maps Attachment 2: Applicant's ESEE Analysis Attachment 3: City of Tigard Engineering Department,Memorandum dated ,i,(24zrxtt_ok„,„._ Mav 20. 2021 PREPARED BY: Monica Bilodeau Associate Planner .7' / '✓,i/I ` ‘- " May 20. 2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 20 OF 20 Economic, Social, Environmental, and Energy Consequences Analysis (ESEE) Fanno Creek Trail Woodward Park Bonita Road / 85th Avenue Tualatin Bridge Project in Tigard, Oregon Prepared for City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Prepared by John van Staveren Shawn Eisner Pacific Habitat Services,Inc. Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Project Number: 5854 February 9,2021 i !-v�PTtl1C'1�" • t f f "F . _. �~ • TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 1.1 ESEE Analysis Requirements 2 1.2 Existing Local Protections 3 2.0 SITE DESCRIPTIONS 4 2.1 Woodard Park Path Section 4 2.2 City Hall Path Section 4 2.3 Library Path Section 5 2.4 Durham Path Section 5 3.0 SIGNIFICANT WETLAND AND VEGETATED CORRIDOR IMPACTS 6 3.1 Significant Wetlands 6 3.2 Vegetated Corridors 9 3.3 Descriptions of the Conflicting Use 11 4.0 SITE SPECIFIC ESEE ANALYSIS 13 4.1 Economic Consequences 14 4.2 Social Consequences 16 4.3 Environmental Consequences 17 4.4 Energy Consequences 18 5.0 CONCLUSIONS AND RECOMMENDATIONS 19 5.1 Decision 20 APPENDIX A: Figures 1.0 INTRODUCTION The Fanno Creek Trail is a regional multi-use path that will connect the West Hills of Portland, at the headwaters of Fanno Creek,to the Tualatin River at Durham. It is a regional trail in Metro's Regional Transportation Plan Regional Pedestrian and Bicycle Networks. As a transportation facility,the efficiency of the trail is reduced by the gaps and substandard areas of the trail within the City of Tigard(City). In partnership with the Oregon Department of Transportation (ODOT), the City is proposing to construct three new sections of the Fanno Creek Trail. The proposed sections are located along or near alignments previously identified in the City's 2035 Transportation System Plan(adopted November 23, 2010)2. The proposed trail segments will eliminate an existing gap between Tigard Street and downtown Tigard(the Woodard Park to Grant Avenue segment,while the Tigard Library to Milton Court and the SW 85th Avenue to the Ki-A-Kuts Bridge(Durham) sections will provide more direct routes from the Library to Bonita Road,and south from Durham Road to the Tualatin River Bridge, and the City of Tualatin. Sections of the proposed path require construction within two Locally Significant Wetlands (LSW) as well as vegetated corridors associated with significant wetlands and with Fanno Creek (Statewide Planning Goal 5 resources). As construction within these features is not allowed without an approved Comprehensive Plan Amendment,the City is pursuing an amendment to remove 0.34 acres of wetland in and around the area of two path sections from the Local Wetland Inventory' and to remove 0.79 acres of vegetated corridor. These actions will remove the land from sensitive lands protections as provided by Tigard Development Code (TDC) 18.510.100. The following table itemizes where both permanent and temporary impacts to sensitive lands will be required for implementation of the project. Proposed Path Section Woodard City Hall Library Durham Total (sq ft) (sq ft) (sq ft) (sq ft) (sq ft/acres) Locally Significant Wetland Permanent Impacts 410 I 14,257 14,667/0.34 I Temporary Impacts 17,517 17,517/0.40 Vegetated Corridors Permanent Impacts 7,460 3,122 9,671 14,178 134,431 /0.79 1 Temporary Impacts 14,158 25,172 12,147 13,943 65,420/ 1.50 Impacts to existing vegetated corridors will be required for each of the four path sections,though impacts to Locally Significant Wetlands will only be required in one small and hydrologically isolated wetland at the east end of Woodard Park, and in a second, larger wetland located at the south end of the City, near Durham and east of Cook Park. The exclusion areas are planned to be utilized for the development of new and upgraded sections of the Fanno Creek Trail. Though improvements to the existing path in Fanno Creek Park(the 12014 Regional Active Transportation Plan(Metro,2014) 2 2035 Transportation System Plan(City of Tigard,2010) 3 City of Tigard Local Wetlands Inventory Wetlands Assessment(Fishman Environmental Services, 1994) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 1 City Hall section) will be comprised solely of trail widening, including some shoulder work, each of the other three sections, Woodard Park, Library to Milton Court, and Durham will include at-grade path construction as well as raised structures, including boardwalks and/or bridges. Each trail sections represent critical transportation and park infrastructure, consistent with both the City of Tigard Transportation Plan and guiding principles for outdoor recreation. The City of Tigard comprehensive plan chapter,Parks, Recreation, Trails and Open Spaces identifies the importance of"a Citywide network of interconnected on-and off-road pedestrian and bicycle trails." As described in the Plan Amendment Option section (TDC 18.510.100), the Code allows applicants to impact significant wetlands and City-regulated vegetated corridors if the amendment is justified under one of two options. The first option is to conduct an Economic, Social, Environmental, and Energy (ESEE) analysis that considers the consequences of allowing the proposed conflicting use. The second option, which is specific to wetlands only, is to demonstrate the wetland's "insignificance."Pacific Habitat Services, Inc. (PHS)reviewed the significance thresholds included in the City of Tigard's Local Wetlands Inventory3 and determined that the quality of the wetlands do warrant their significance designation. As such, the Applicant is submitting an ESEE analysis in accordance with the necessary comprehensive plan map amendment via a Type-III procedure. This report is the ESEE analysis that examines the consequences of potential alternatives regarding a conflicting use impacting previously documented and protected significant lands in Tigard. This ESEE analysis has been prepared in accordance with applicable provisions of Statewide Planning Goal 5 (Goal 5) and the Goal 5 Rule (OAR Chapter 660, Division 023). 1.1 ESEE Analysis Requirements The analysis is based on the targeted removal of two wetland areas and several sections of vegetated corridor. The project will impact two locally significant wetlands (one completely and the other partially), where the proposed path will extend into City-designated significant Goal 5 resources. The resources include a small emergent wetland north of Fanno Creek in Woodard Park(Significant Wetland E-5), and a portion of a larger wetland near Durham that drains to Fanno Creek within the floodplain of the Tualatin River(significant Wetland F-25). Impacts to vegetated corridor will also be necessary along the project corridor. These include impacts in riparian areas between Woodard Park and Grant Avenue, in Fanno Creek Park, east of the Tigard Library, and along portions of the eastern boundary of Wetland F-25. In addition to removal of protection for permanent impacts, removal is also required for temporary impacts to both wetlands and vegetated corridor, to facilitate project implementation and construction. The Goal 5 ESEE analysis involves evaluating the trade-offs associated with different levels of natural resource protection. As required by the Goal 5 rule, the evaluation process involves identifying the consequences of allowing, limiting, or prohibiting conflicting uses in areas containing significant natural resources. Specifically, the rule requires the following steps: ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 2 • Identify conflicting uses—A conflicting use is "any current or potentially allowed land use or other activity reasonably and customarily subject to land use regulations that could adversely affect a significant Goal 5 resource." [OAR 660-023-0010(1)] • Determine impact area—The impact area represents the extent to which land uses or activities in areas adjacent to natural resources could negatively impact those resources. The impact area identifies the geographic limits within which to conduct the ESEE analysis. • Analyze the ESEE consequences —The ESEE analysis considers the consequences of a decision to either fully protect natural resources; fully allow conflicting uses; or limit the conflicting uses. The analysis looks at the consequences of these options for both development and natural resources. • Develop a program—The results of the ESEE analysis are used to generate recommendations or an"ESEE decision." The ESEE decision sets the direction for how and under what circumstances the local program will protect significant natural resources. 1.2 Existing Local Protections The four path sections will cross through several zoning designations. Woodard Park, Fanno Creek Park, and lands from the Library to Milton Court are within Tigard's Parks and Recreation (PR) zone. The central and eastern portions of the Woodard alignment as well as the Durham path section both pass through residential and industrial zoned areas,though impacts to the wetland at Durham will only occur in the low-density residential zone(R4.5). Each zone classification defines permitted and prohibited uses, as well as development standards including setbacks and building height restrictions. Sites with overlay zones,plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Conditional uses are subject to a Type-III review, and development in or near sensitive lands trigger review under the City's Sensitive Lands chapter (18.500). Sensitive lands are defined as lands potentially unsuitable for development because of their location within: • The 100-year floodplain or 1996 flood inundation line,whichever is greater. • Natural drainageways. • Wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Department of State Lands or are designated as significant wetland on the City of Tigard"Wetland and Stream Corridors Map". • Steep slopes of 25% or greater and unstable ground; and • Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map." The Sensitive Lands chapter outlines the permitted and regulated activities and uses within sensitive lands, as well as defines the review and approval processes for development considerations based on the type and intensity of the impact. The chapter further outlines processes for requests for variances or plan amendments. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 3 2.0 SITE DESCRIPTIONS 2.1 Woodard Park Path Section Woodard Park is located in the northwest portion of Tigard. The project vicinity, like that of each of the four path sections, lies within the Fanno Creek sub-watershed of the Lower Tualatin Watershed. Fanno Creek flows generally west to east in this vicinity, with the proposed path requiring a bridge crossing of Fanno Creek about mid-way along the new section. The proposed Woodard Park to Grant Avenue section (Woodard Park) of the Fanno Creek Trail begins near the east end of Woodard Park and continues as far east as Grant Avenue (Figure 1A). Woodard Park, in the vicinity of the proposed path extension, is characterized by scattered Oregon white oak and Oregon ash trees with an understory generally comprised of mowed lawn grasses,though some groupings of trees include a native shrub layer, with mixed native and non-native herbaceous species. To the east of the park, the character of vegetation along the proposed path alignment includes unmowed grassy areas dominated by common pasture and non-native grasses and weeds. Riparian cover along the north bank of Fanno Creek is dominated by native tree and shrub species but noxious weeds, such as Himalayan blackberry and English ivy, are also quite common. The proposed alignment will impact portions of three separate wetlands,but only the small,westernmost one is a designated significant wetland. The new path alignment begins within Woodard Park, but must also cross several privately owned parcels between the park and Grant Avenue. Woodard Park is comprised of several parcels, consisting of approximately 19 acres between SW Tiedeman Road to the northwest and SW Walnut Street to the south. Impacts to significant wetlands are limited to a single small wetland(410 square feet/0.01 acre)near the eastern limits of the park(Wetland E-5). Impacts to vegetated corridor include 14,158 square feet of temporary impact for construction access and excavation within the floodplain, and 7,460 square feet of permanent impacts associated with the section of path within Woodard Park and the bridge crossing of Fanno Creek. 2.2 City Hall Path Section The City Tigard(Figure 1B). The project corridor includes an existing paved path. Lands to the north include light industrial and government uses,with residential properties south of the park, about 250 to 300 feet from the southern project boundary. Fanno Creek Park is crossed by the meandering channel of Fanno Creek, as well as existing sections of the Fanno Creek Trail. The riparian area along Fanno Creek remains largely forested and includes a diverse mix of native deciduous and evergreen trees. The understory is similarly dominated by native species,though Himalayan blackberry is common in some areas. Proposed path improvements will avoid impacts to existing wetlands located on both sides of the path. Due to the paths proximity to several significant wetlands and Fanno Creek, impacts within City regulated vegetated corridor(including the Fanno Creek riparian corridor and significant wetlands buffers) are proposed. Impacts to vegetated corridor include 25,172 square feet of temporary impact(to facilitate project implementation only) and 3,122 square feet of permanent impacts associated with path widening. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 4 2.3 Library Path Section The Tigard Library path section begins just east of the point where the current southern terminus of the Fanno Creek Trail reaches the Tigard Public Library(Figure 1 C). This section begins at the west bank of Fanno Creek at the location of a former farm bridge crossing and then traverses along a berm that likely provided vehicular and/or farm access across the Fanno Creek floodplain from lands to the east. The berm is vegetated primarily with Himalayan blackberry and English hawthorn (Crataegus monogyna), though Oregon ash, Oregon white oak, and black cottonwood/ balsam poplar(Populus balsamifera) are common in the floodplain adjoining the berm. The proposed alignment then passes out of the floodplain and across a meadow dominated by common pasture and lawn grasses. The southern half of the Tigard Library to Bonita Road section is a mixed oak, ash, Douglas fir(Pseudotsuga douglasii) forest that continues to the northern terminus of SW Milton Court. An active railroad line abuts the eastern/northeastern boundary of this section. The proposed alignment will impact portions of three separate wetlands, but only the small, westernmost one is a designated significant wetland. The first 550 feet of new path behind the Library will be located on City property. Beginning east of the City parcel,to a point about 450 feet north of Milton Court, the land is co-owned with Metro. The path then crosses a Metro owned parcel and back onto a small City parcel adjoining the Milton Court cul-de-sac. Impacts to regulated areas are located where the path crosses Fanno Creek, east to a point 50 feet east of Significant Wetland E-20. Impacts to vegetated corridor include 12,147 square feet of temporary impact(to facilitate trail and bridge construction) and 9,671 square feet of permanent impacts associated with path widening. 2.4 Durham Path Section The alignment of the proposed 85th Avenue to Ki-a-Kuts Bridge(Durham)path section is located between two sections of existing multi-use paths that begin in Cook Park. The new section will begin at a west bend in the existing alignment south of SW 85th Avenue and continues south to a second path that leads either west to Cook Park, or east and then south to either Durham City Park or to Ki-A-Kuts Bridge over the Tualatin River(Figure 1D). The proposed path alignment is located within former farmland that has in the last decade been under restoration as a native wet meadow. The wetland restoration area is approximately 20 acres in size, with the new path proposed near the eastern wetland boundary. The wetland is dominated by native herbaceous vegetation, but also includes tree saplings and shrubs. The eastern wetland boundary is generally forested, with the proposed path avoiding impacts to the forested areas where possible. The eastern limits of the wetland are defined in large part by a structural embankment associated with a Portland and Western Railroad line, which this path segment will parallel for most of its alignment. The Durham path section will extend an existing path section that begins at the southern terminus of SW 85th Avenue, continuing south from a point where the existing path turns west towards Cook Park. The new path will continue a distance of approximately 1,425 feet to a new planned intersection with the existing path connecting Cook Park to Durham City Park(to the east). Though the proposed boardwalk and at-grade path sections will be constructed up and out ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 5 of the wetland where feasible, the linear distance of the path within wetland along this section's alignment approaches 1,000 feet. The Durham path section will cross portions of three parcels owned and managed by Clean Water Services (CWS) (Tax Map 2S114DA, Lot 100; Tax Map 2S 114AD, Lot 100; and Tax Map 2S 113B, Lot 600), though wetland impacts will largely be located on lot DA100, and the very southeast corner of lot AD100. The total area of impacts to significant wetlands is 14,161 square feet (0.33 acres). The impacts are 2,782 square feet along a proposed section of boardwalk, 10,327 square feet for at-grade path sections, and an additional 1,052 square feet for grading at the new trailhead/intersection with the Durham City Park to Cook Park trail. It should be noted that permanent wetland fill to construct the boardwalk is limited to 369 square feet for boardwalk footings; the balance of 2,413 square feet accounts for the full width of the boardwalk, regardless of the footprint of regulated area for which state and federal fill permits are required. Impacts to vegetated corridor include 13,943 square feet of temporary impact (primarily to facilitate construction access) and 14,178 square feet of permanent impacts associated with path and boardwalk construction. 3.0 SIGNIFICANT WETLAND AND VEGETATED CORRIDOR IMPACTS 3.1 Significant Wetlands In 1994, the City of Tigard contracted with Fishman Environmental Services (FES)to prepare its Local Wetland Inventory(LWI). Expanding upon a wetlands inventory previously completed by another firm4, FES developed an approach for completing the Goal 5 inventory and conducting the ESEE analyses that identified stream corridor segments as resource units. The study was completed in 1994 and approved by DSL in 1997. It is the basis for the adopted "Wetlands and Streams Corridors Map". Each path section is located in the vicinity of one or more wetlands, though impacts are only required to locally significant wetlands along two of the four sections, as outlined below. Woodard Park includes several wetlands5, some designated as significant(Wetlands E-4, 5, 40 and 41) and others not(Wetlands E-46 and 59). All wetlands delineated within the vicinity of the Woodard Park path section have the designation of E-5,but only the western two of five wetlands that comprise E-5 are designated as Locally Significant. This wetland was designated as Wetland B in the project's wetland delineation report but for the balance of this report will be referenced as Wetland E-5. The remaining wetlands in the park are west of the proposed project area and are not identified on project figures. The significant wetland proposed for impact by the proposed path includes the smallest of the five wetlands that comprise E-5. Of the wetlands currently identified within Woodard Park in the current Tigard Local Wetlands Inventory, only E-41 was identified in the 1994 report (and at that time it was designated as E-4). The difference between the 1994 inventory and existing mapping reflects the process of LWI updates,which occurs each time a wetland is delineated and obtains Wetland Inventory and Assessment for the City of Tigard,Oregon(Scientific Resources,Inc., 1989) 5 Tigard Maps;Interactive Maps.https://maps.tigard-or.gov/Html5Viewer/Index.html?viewer=PublicAdvanced ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 6 concurrence from the Oregon Department of State Lands. As Wetland E-5 was not identified at the time of the 1994 inventory, its significance determination occurred at another date, and is not documented in the state approved LWI. Like Woodard Park, Fanno Creek Park, where the City Hall path section is located, also includes several wetlands6. Unlike the Woodard Park section, all of the wetland along the City Hall path are designated as significant. Wetlands adjoining the alignment include E-6, 9, 10, 11, 12, and 13. These wetlands also include project specific labeling designations. None of the wetlands are proposed for impact for project implementation; path improvements will occur along the existing alignment and proposed widening, where required, will avoid wetlands in the vicinity. The Library Path section begins west of Fanno Creek, and though crossing the creek is necessary,the proposed alignment will avoid both wetlands identified near the proposed path. Wetland E-20 is mapped across the entirety of the Fanno Creek floodplain east of Hall Boulevard. The wetland is locally significant but is not as expansive as mapped for the local wetland inventory. The delineation completed for the project confirms that proposed path section from the Library east and across the floodplain can be constructed without impacts to E-20. The only other wetland near the alignment is E-21, a very small wetland located west of Milton Court and more than 50 feet from the proposed alignment. The Durham path section will cross through an area of wetland located south of the existing path to Cook Park. The wetland is designated in online mappings as F-25, though the 1994 LWI report identifies the feature as F-26. The wetland was designated as Wetlands N and 0 in the project's wetland delineation report. For the balance of this report, the wetland will be referenced as F-25. This wetland was designated as significant as part of the 1994 analysis,though its significance designation predates current conditions, as the inventory would have occurred while the wetland was still being farmed. Though wetland boundaries as depicted on the City's Wetlands and Streams Corridors Map are believed to reflect boundaries as identified during prior delineations, these delineations would have been many years old. As such, a more recent wetland delineation has been completed by PHS. This delineation was approved by the Oregon Department of State Lands (DSL) on January 10, 2019. The report has not yet been reviewed by the U.S. Army Corps of Engineers (Corps) but will be as part of the permit application review process. As required by Tigard's development code, a land use application for the development of three new sections of the Fanno Creek Trail, and improvements to a fourth section is necessary. The submittal includes a Type-III Conditional Use Permit and Sensitive Lands Review. In addition to the project narrative, and discussion of applicable sections of City code, additional analyses submitted as part of the land use application include a wetland delineation, natural resources assessment, stormwater report, geotechnical report, and no-rise certification. Project figures (Figures 1A through 1D; in Appendix A) show the location of all wetlands as well as regulated vegetated corridors adjoining each path section. Both locally significant and 6 Tigard Maps;Interactive Maps.https://maps.tigard-or.gov/HtmlSViewer/Index.html?viewer—PublicAdvanced ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 7 non-significant wetlands are shown. To facilitate differentiation, these wetlands are mapped in difference hatch patterns. Wetlands within or immediately adjoining the project corridor are identified both with the unit and identification number from the current Local Wetlands Inventory (as available on Tigard Maps) as well as the wetland code designated as part of PHS' 2018 delineation efforts. The limits of vegetated corridors regulated by the City are designated on enclosed project figures by a blue line identified as the "Tigard Riparian Corridor". As the boundaries of corridors regulated by CWS differ from those of the City, the Figure 1 set also includes the CWS regulated resources, which are identified by plant community type and condition. As noted above, the more recent wetland work completed by PHS assigned a unique wetland code that is different than that of the Tigard Local Wetlands Inventory. In comparing the older data from the LWI to the more recent PHS delineation from 2019, Wetland E-5 (from the LW1) includes Wetlands A through F, and F-25 is coincident with Wetlands N and O. The following information is specific to the wetlands where path construction is proposed. Wetland E-5—The smallest wetland delineated in Woodard Park (designated as Wetland B in the delineation report) is a small (410 square foot)herbaceous wetland dominated by mixed lawn grasses and weedy forbs; primarily annual bluegrass and white clover(Figure 1A). It is located on a subtle slope north of Fanno Creek. The wetland is located in an actively utilized portion of Woodard Park and is regularly mowed. The Cowardin classification is palustrine emergent, seasonally saturated (PEMY). The hydrogeomorphic(HGM) classification is Slope. Wetland E-5 is located even higher above Fanno Creek, and as it is located in an area of lawn it offers no greater benefit to water quality of flood storage than the adjoining uplands. The proposed limits of removal constitute the entirety of Wetland E-5 (as identified on Figure 1B) and will remove 410 square feet (0.01 acre) from the City's Local Wetland Inventory Map. Wetland F-25. as shown on Figure 1D constitutes the eastern limits of wetlands located within former agricultural lands located between Cook Park, to the west, and a railroad right-of-way (ROW). This wetland is identified as Wetland F-26 in the original LWI report and mapping but is identified as F-25 on LWI mapping available on Tigard Maps online. CWS acquired the property for expansion of an existing wastewater treatment facility located north of the study area. As the southern limits of the property were not suitable for development, CWS has begun restoring a native wet prairie; therefore, the wetland is primarily herbaceous. The project area,however, includes only the eastern limits of the wetland,which includes a forested component. The forested wetland transitions to an upland forest that covers the lower limits of the railroad embankment that defines the eastern limits of the project area. The forested portions of wetland are dominated by Oregon ash with Douglas and English hawthorn. Dominant understory species include rose, snowberry,mixed grasses, shortscale sedge and fragrant fringecup. In the herbaceous portions to the west and south dominant species include meadow foxtail, Kentucky bluegrass and spike rush, with scattered shrubs and saplings,primarily Douglas' meadowsweet and Oregon ash, also present. Existing Cowardin classes in F-25 include forest, shrub and herbaceous components, with forested and herbaceous most prevalent. At the time of the LWI (1994)the Cowardin classification was palustrine emergent, farmed(PEMf). Currently, much of the emergent south-central portion is ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 8 seasonally flooded(PEMC), whereas the southeast limits appear to remain saturated only wetland (PEMY). The HGM classification of both areas is Slope/Flats. The on-site extent of this wetland totals approximately an acre and a half. The wetland has moderate to low functionality for pollutant or nutrient filtering or removal because the primary water sources are direct precipitation and groundwater, which include few pollutants. The proposed limits of removal for this wetland constitute a corridor of land along the eastern boundary of Wetland F-25 (as identified on Figure 2D) and will remove approximately 14,161 square feet(0.33 acres) from the City's Local Wetland Inventory Map. Table 1 below provides summary data from the Tigard Local Wetlands Inventory of the quality (functions) for wetland F-25 and our best professional judgement based on our knowledge of the wetland for E-5. No site-specific functional assessment was conducted for E-5 as part of the inventory process. The functional assessment below is based on the data collected during the wetland delineation and on our extensive knowledge of the inventory and functional assessment process. Table 1 Functions of locally significant wetlands proposed for impact w -,-+ ... d •• o c v L. �- 3x x a 3a x�v a w E-5 0.01 L NA L L L L L I L L I I F-25 10.1 M NA H L L L L I L M I H=High FM=Moderate L=Low NA=Not assessed Conflicting areas include 0.34 acres of significant wetland; 0.01 acre of an isolated wetland at the east end of Woodard Park (E-5); and 0.33 acre of wetland(F-25) along the Durham section (85th Avenue to Ki-A-Kuts Bridge). Of the impact at Durham approximately 2,400 square feet is not fill but results from removal from protection because of the boardwalk through and above the wetland. Additional temporary impacts to the Durham wetland are discussed in the land use application but are not addressed here as protections are not to be removed. Although both wetlands are categorized as locally significant, in reality, their functions are generally low and will be easily offset through the purchase of credits from a local wetland mitigation bank. 3.2 Vegetated Corridors Due to the proximity of each path section to Fanno Creek and/or locally significant wetlands, the project corridors associated with the project include a significant area of City regulated vegetated corridors (VC). The regulated limits of these resource areas are identified on the Figure 1 graphic set, which also includes the location of vegetated corridors regulated by CWS. The difference between the two jurisdictions is largely due to the fact that non- significant wetlands do not include vegetated corridors at the City level. CWS also only requires corridors 25 feet wide adjoining wetlands less than one-half acre in size,whereas a 50 foot corridor is required by the City if locally significant. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 9 Resources with 50 foot wide vegetated corridors regulated by the City that will be impacted by the project include the following: - Woodard Park—Wetland E-5 (two locally significant portions) and Fanno Creek - City Hall—Wetlands E-9, 11, 12, & 13 and Fanno Creek - Library—Wetland E-20 and Fanno Creek - Durham—Wetland F-25 Vegetated corridor plant communities vary from managed areas of lawn to predominantly native forested. The managed areas are limited to within Woodard Park itself, immediately along the path in Fanno Creek Park along the City Hall alignment, and the north end of the Durham section. These areas are predictably dominated by mixed grass species and weedy forbs, with frequent mowing limiting diversity and the presence of woody species. By comparison, forested areas along each alignment are generally comprised of native species, though the presence of Himalayan blackberry and English ivy, as well as the predominance of non-native or invasive herbaceous species is quite common. The most common free species is Oregon ash, which makes up nearly 45 percent of the overall tree cover. The next seven tree species combined make up less than 40 percent cover; with birch, black cottonwood and Douglas fir being the next most common. The lands adjoining either the forested or herbaceous extremes are predictably dominated by transitional communities, such as mixed shrub and tree communities with generally less tree canopy and more herbaceous cover than the densely forested riparian areas. The shrub layer is predominantly native in character, but commonly includes Himalayan blackberry and/or English hawthorn. Also common are unmaintained, predominantly herbaceous or low growing shrub communities. These areas often lack trees, with any canopy cover provided by taller shrubs or frees adjoining the community. As a result of increase disturbance,these areas generally don't exceed about 10 percent native cover, with significant cover by invasive species. The balance is generally composed of common lawn and pasture grasses and weedy forbs Each of the proposed path alignments has been selected to minimize its impact on vegetated corridors. There are, however, necessary wetland, creek and VC crossings, to facilitate the new (or widened)path sections. Project related improvement impacts include not only the limits of the path itself, but its associated shoulders, bridges and boardwalks, as well as pedestrian overlooks, seating areas, and improved path intersections. Though paths can be approved as an allowed use within vegetated corridors when certain parameters are met, such as when crossing directly from one side of the VC to the other, or for paths not exceeding 10 feet in width, necessary alignments and the proposed path width of 12 feet along new sections do not meet such allowances. The combined area of all permanent encroachments resulting from the four path sections is 34,431 square feet(0.79 acre). In order to account for site access and constructability, an additional 65,420 square feet (1.50 acres) of temporary encroachments are proposed. It is anticipated that the entirety of the identified temporary encroachment area will not be impacted,but in order to provide sufficient access for the project contractor, a construction corridor in excess of the path width was presumed along most of the alignment. Upon conclusion of path construction all access routes will be removed and all areas of temporary encroachment revegetated to restore impacted areas to good ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 10 condition. A breakdown of the area of encroachment by path section is included in the following table. Table 2. Proposed Vegetated Corridor Encroachments Path Section Permanent Encroachment(si) Temporary Encroachment(s1)1 Woodard Park to Grant Avenue I 7,460 14,158 Ash Avenue to Hall Boulevard 3122 I 25,172 Tigard Library to Bonita Road I 9,671 12,147 85th Avenue to Ki-a-Kuts Bridge I 14,178 J 13,943 3.3 Description of the Conflicting Use An important step in the ESEE analysis is identifying conflicting uses that"exist or could occur" within regionally significant resource areas and identified in the impact area. The Goal 5 Rule (OAR 660-023-0010) defines conflicting uses as follows: (1) "Conflicting use"is a land use, or other activity reasonably and customarily subject to land use regulations, that could adversely affect a significant Goal 5 resource(except as provided in OAR 660-023-0180(1)(b)).Local governments are not required to regard agricultural practices as conflicting uses. The Goal 5 Administrative Rule (OAR 660-023-0040) describes how conflicting uses are identified: (2) Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal 5 resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. The following shall also apply in the identification of conflicting uses: A) If no uses conflict with a significant resource site, acknowledged policies and land use regulations may be considered sufficient to protect the resource site. The determination that there are no conflicting uses must be based on the applicable zoning rather than ownership of the site. (Therefore,public ownership of a site does not by itself support a conclusion that there are no conflicting uses.) B) A local government may determine that one or more significant Goal 5 resource sites are conflicting uses with another significant resource site. The local government shall determine the level of protection for each significant site using the ESEE process and/or the requirements in OAR 660-023-0090 through 660-023-0230(see OAR 660-023-0020(1)). As discussed above in Sections 2.1 through 2.4, only one type of conflicting use is under consideration for the construction of portions of the Fanno Creek Trail. The actual impacts will be from at-grade path and associated boardwalks and bridges. The impacts are necessary in order to address gaps in the trail, while also minimizing wetland and vegetated corridor impacts. The construction of the trail itself is allowed outright within the underlying PR zone (Wetland E-5 and vegetated corridors in Woodard Park, and along the City Hall and Library alignments) and as ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 11 a Conditional Use in residential and industrial zones along the Durham path and the eastern portion of the Woodard section. The primary purpose of the Fanno Creek Trail project is to complete several gaps in the trail network within the Tigard city limits. The trail is part of a regional multi-use path envisioned for connecting the West Hills of Portland, at the headwaters of Fanno Creek, to the Tualatin River at Durham. Although many sections of the path network have been completed, there are several gaps within the Tigard city limit. The project is referred to as Project M-2 in the City's TSP. That report identifies the purpose of the trail as to "[c]omplete gaps along the Fanno Creek multiuse path from the Tualatin River to Tigard Library and from Pacific Highway to Tigard Street." In addition to being a project of local concern, Metro's 2018 Regional Transportation Plan identifies existing and planned sections of the Fanno Creek Trail as a Bicycle Parkway on the Regional Bike Network Map and as a Pedestrian Parkway on the Regional Pedestrian Network map. One of that report's bicycle policies (#2) states "Complete an interconnected regional network of bicycle routes and districts that is integrated with transit and nature and prioritizes seamless, safe, convenient and comfortable access to urban centers and community places, including schools and jobs for all ages and abilities." The report emphasizes how"a well- connected bicycle network does not have gaps and is comfortable and safe for people of all ages and abilities."This policy is almost the same as the policy for the regional pedestrian network. A completed trail will have multiple benefits. The City's 2035 TSP describes how traffic congestion has consistently ranked as the number one issue facing Tigard in community attitude surveys and the City is committed to finding solutions to this issue. Multi-modal trails are being constructed all across the country to provide an alternative to traffic by gas-powered vehicles. As stated in the 2035 TSP: The built environment makes major roadway expansions costly to construct. At the same time that these costs rise, competition is high for scarce transportation funding resources. There is also a greater awareness of the negative impacts that come from creating an environment geared toward reliance on personal automobile travel. There is growing concern about greenhouse gas (GHG) emissions as well as dependency on foreign oil and rising fuel costs. Reliance on automobile travel instead of active transportation, such as walking and cycling, is also one culprit in the rise of obesity, including among children. While there are myriad strategies to combat these issues, a critical role for transportation is the provision of a balanced, multi-modal transportation system. There are several strategies listed in the 2035 TSP that are consistent with the purpose and goals of the Tigard Greenway Trail System Master Plan. The strategies that apply to a completed trail system include: • Create a more complete network of pedestrian facilities by prioritizing gaps within the current sidewalk and trail system. Tigard Greenways Trails System Master Plan(Kittelson&Associates,Alta Planning+Design,2011) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 12 • Develop pedestrian and bicycle corridors to neighborhoods, schools,parks, recreation users, activity centers, and transit stops. • Prioritize pedestrian, and bicycle investments in areas serving high proportion of disadvantaged or transit dependent communities. • Fill in gaps in the bicycle network to provide for greater citywide bicycle mobility. • Develop bicycle routes that connect neighborhoods, schools,parks, recreation users, and activity centers. • Develop a bicycle signage program to help cyclists find routes on relatively level terrain with low vehicle traffic volumes. The completion of the trail system will require the removal of 0.34 acres of significant wetland from the City's Local Wetland Inventory, which represents approximately 1.14% of the total significant wetlands within the City. The trail system will also impact vegetated corridors. The combined area of all permanent encroachments into vegetated corridors resulting from the four path sections is 34,431 square feet(0.79 acre). There will also be an additional 65,420 square feet(1.50 acres) of temporary encroachments to allow for construction access. The removal of the significant wetland area and the vegetated corridor area will allow the construction of an at- grade trail and boardwalk through the two wetlands and the completion of the regional trail system through the City that has been designated as both a regional pedestrian parkway and a bicycle parkway, satisfying several policies of City and regional transportation plans. 4.0 SITE SPECIFIC ESEE ANALYSIS This section discusses the Economic, Social, Environmental and Energy(ESEE) impacts to the relevant portions of the two subject wetlands for the following three alternative protection scenarios: • Prohibit conflicting uses providing full protection of the resource site. o The action to prohibit the conflicting use would prevent development actions that conflict with, or degrade, Significant Goal 5 Natural Resources. This scenario emphasizes resource protection. • Limit conflicting uses while offering limited protection of the resource site (balance development and conservation objectives). o The action to 'limit conflicting uses' within the context of this ESEE Analysis is defined as allowing the limited impacts to the wetlands sufficient to be able to complete the gaps at two distinct locations. • Allow conflicting uses fully with no local protection for the resource site. o The action to allow conflicting uses is to allow the development of the full range of permissible uses noted in the underlying Parks and Recreation (PR) zone, which includes such amenities as playgrounds,picnic areas, shelters, ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 13 structures, sport courts and fields and other related items, and the R4.5 zone, which includes low density residential development. 4.1 Economic Consequences The following describes the economic consequences for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) The economic consequences of prohibiting conflicting uses could potentially be profound. If the result of full protection is that the gaps in the trail remain,the regional trail network envisioned by Metro and the City would not be realized. It is true that some pedestrians and active users of the trail system could potentially use the native ground to bridge the gaps,but the trail network would not be open to bicyclists of every capability and would not be useable for those with mobility difficulties. Difficulty in traversing sections of the trail could preclude its use by commuters, who could choose to use their vehicles instead of the trail to travel from their homes and work. Numerous studies point to the economic benefits of trails. A study from New York8 found that the public investment in building and maintaining trails outweighed the revenue they bring to a community. They noted that trails increase the value of nearby properties and boost spending at local businesses. Trails make communities more attractive places to live and, when considering where to move, homebuyers rank walking and biking paths as one of the most important features of a new community. Metro', in a 2016 fact sheet, cites how trails result in lower transportation costs and how, in 2005, the greater Portland region saved $1.1 billion per year on gas and other automobile- related expenses. It also points to how trails can increase property values when in close proximity to trails. The property values of homes within a half mile of a regional trail in Indianapolis were worth $13,059 more than those located farther than 0.5 miles from the trail. Studies in Seattle, Denver, Minnesota, and other communities found that proximity to trails increased property values by between 1.0% and 6.5%10 Trails can influence business location and relocation decisions because companies often choose to locate in communities that offer a high level of amenities to employees as a means of attracting and retaining top-level workers. Trails can make communities attractive to businesses looking to expand or relocate both because of the amenities they offer to employees and the opportunities they offer to cater to trail visitors. Metro, in its 2016 fact sheet, cites a study from South Carolina where a trail was constructed connecting two communities. Businesses within the two communities found that tourists using the trail increased their business by up to $7 million a year. s Greenways and Trails—Bringing economic benefits to New York(New York Parks and Conservation Association, July,2018) 9 Trails:building blocks for healthier,wealthier communities(Metro,2016) 10 Benefits of Trails and Greenways(National Park Service,2008) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 14 Trails reduce medical costs by encouraging exercise and other healthy outdoor activities. People are more likely to exercise if they have recreational facilities close to their homes. Trails provide low or no-cost recreation to families relative to other recreational services that could be provided by government. These benefits represent an economic return on the money invested in trail projects. As such, prohibiting the conflicting use would avoid a relatively modest capital construction expenditure by the City for the costs of the trail sections and for ongoing maintenance,but the economic benefit of completing the gaps would outweigh these relatively small costs. Limit Conflicting Uses(limited protection) From an economic standpoint, limiting the conflicting uses will have a net positive economic impact. The economic effects resulting from limiting the conflicting uses and bridging the gaps can be viewed from the direct economic effects, the indirect economic effects, and the induced economic effects resulting from trail construction11 The direct economic effects include those resulting from the direct spending by consumers. This includes expenditures such as equipment (e.g. bicycles) necessary to use the trail and includes the money spent by tourists using the trail. Metro cites the previously mentioned study from South Carolina, where a bike shop saw a 20% annual increase in sales resulting from the construction of a nearby trail.Numerous studies across the country have shown an increase in tourism in relation to trail use, including a$12 million annual increase in recreation dollars associated with trail use in Virginia. In the Portland area,bicycling tourism and activities generate$89 million in annual economic activity.l2 Indirect economic benefits cited include the increase in house values in areas in close proximity to trails. Other indirect economic effects include the economic benefits realized from local suppliers of recreational trail equipment, such as bicycles, buying equipment or supplies from other businesses.13 The indirect benefit of trails is also related to the medical savings realized from commuters and recreationists using trails. In a 2004 studyl4 the annual cost of using trails was determined to be $209 ($59 for construction and maintenance, $150 for equipment and travel). The annual medical benefit for using the trails was estimated to be $564. The cost-benefit ratio from using trails was 2.94, which translated into every$1 invested in trail for physical activity resulted in $2.94 in direct medical benefit. It has been estimated that an increase in trail walking from an average of almost 35 minutes every week to 150 minutes every week can reduce illness related costs by up to $5.3 million annually15. Induced economic effects refer to the increase in buying power from employees or those benefiting from the trail and their increased consumer spending, 11 The Economic Impact of Greenways and Multi-Use Trails(McDonald,John,and Brown,Lauren 2015) 12 2014 Regional Active Transportation Plan(Metro,2014) 13 Economic Impact of Recreational Trail Use in Different Regions of Minnesota(Venegas,E. 2009) 14 A Cost-Benefit Analysis of Physical Activity Using Bike/Pedestrian Trails(Wang,G., et al.,2004) 15 A Tool for Estimating the Health Benefits of Outdoor Recreation in Oregon-Honors Baccalaureate of Science in Natural Resources project(Dunn,T.2018) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 15 Negative economic consequences associated with limiting the conflicting use include the annual costs of maintaining the trails and the initial costs of its construction, though short- term benefits are seen from increased construction-related employment. Allow Conflicting Uses for local protection The economic consequences of allowing conflicting uses are mostly negative. Allowing most of the permissible uses from the underlying PR and R4.5 zones would result in degraded wetland functions and values, require a capital expenditure for the City and private construction, on-going management, and related and required mitigation. The benefit of allowing the conflicting uses are a short-term boost for construction and its related benefits, which would not be in balance with the required mitigation and ongoing costs of infrastructure maintenance. 4.2 Social Consequences The following describes the social consequences (recreation, community involvement,health benefits, education, etc.) for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) In a broader context, prohibiting the conflicting use would have local, if not regional social consequences. Like the economic benefits, the social benefits of trails are well documented. Trails serve as meeting places and foster community involvement and pride, and due to their linear design,provide an opportunity for people of different socioeconomic and ethnic backgrounds to interact.16 Trails help build partnerships between various groups, such as companies, advocacy groups, and communities. A complete trail will ensure that passive recreation opportunities like bird watching or environmental learning would be unhindered and accessible for all. People with limited mobility would still be able to enjoy portions of the trail,but the connectivity between communities or habitat types would be restricted if the conflicting use were prohibited. The Washington Recreation and Conservation Office directed the preparation of a study looking at the economic, environmental, and social benefits of recreational trails17. This study looked at health benefits of trails, include mental health. Benefits can arise for trail users from exposure to natural environments. Most trails, even trails through more developed areas, allow for some level of exposure to nature, which can reduce stress, provide for better sleep, reduce depression and anxiety, and lead to greater happiness. The study concluded that the effects of the trail proved to reduce absenteeism, increase productivity, and lower health costs for Washingtonians. The value of trails from a social perspective is demonstrated by research that shows quality of life is an important factor in businesses' and workers' location-choice decisions. In Washington, knowledge-focused industries, such as technology companies, were found to 16 The Social,Health,and Heritage Benefits of Trails(GoforGreen,2000) 17 The Economic,Environmental,and Social Benefits of Recreational Trails in Washington State(ECONorthwest, 2018) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 16 prioritize quality of life when choosing where to locate and expand. Companies that want their location to reflect their corporate culture place a higher value on quality of life for their selected location. Companies see the social benefits of locating in close proximity to trails, such as allowing their workers to exercise during breaks, and providing opportunities to experience the mental health benefits of being in nature, to socialize with co-workers, and even to commute via a trail. These would not be realized if the conflicting use were prohibited. Limit Conflicting Uses (limited protection) The social consequences of limiting the conflicting uses in Wetland E-5 and F-25 and adjacent vegetated corridors are positive. Limiting the conflicting uses will provide significant social benefits in the form of direct exposure to all trail users, including those with limited mobility. A complete trail will provide health (physical and mental) benefits. It has been documented that people who live near trails walk on average 15 to 30 minutes more per day than those who live in neighborhoods with fewer trails or other ways to get around without a car. Although trails themselves do not provide significant environmental benefits, they act to engage the community with the natural environment, which can allow for land use policy decisions that benefit protecting open spaces. Trails also provide opportunities for educational experiences as they are viewed as outdoor classrooms and are often used as tools to promote environmental education. Having people outside and experiencing nature can create a society that is more likely to take the steps needed to protect our environment and ensure greater community interaction and an increased quality of life. Outdoor education and other passive recreation opportunities, such as bird watching, can occur uninterrupted by eliminating the gaps in the trail. Allow Conflicting Uses (no local protection) The social consequences of allowing the conflicting uses are mixed. The PR zoning would allow for the development of additional park amenities,but the amenities will likely not be in keeping with the environment or the social benefits that a trail provides. Allowing the conflicting uses in the R4.5 zone will definitely be at odds with the social benefits that a trail can provide, which include community involvement, access to nature, and physical and mental health benefits. 4.3 Environmental Consequences The following describes the consequences to water quality,hydrologic control, wildlife habitat (as well as other relevant factors) for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) The environmental consequences of prohibiting the conflicting uses are mixed. The City's Development Code aims to protect significant wetlands by not allowing direct impacts to them, but indirect impacts are already happening due to trail users traversing the gaps in the trail. Trail users create several trails in locations where no defined trail exists. Limiting the users to a defined and controlled location will limit the area of impact. The wetland functions ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 17 provided by the two wetlands is low for all functions and values, except that F-25 provides medium wildlife habitat. Limit Conflicting Uses (limited protection) Limiting the conflicting use to the two gaps in the trail and using Oregon's Removal-Fill Law, which is administered by the Oregon Department of State Lands (DSL) and Section 404 of the Clean Water Act,which is administered by the US Army Corps of Engineers (Corps)would have positive consequences. Both the Corps and DSL require an alternatives analysis to demonstrate that impacting the wetlands is unavoidable, but both require mitigation when avoidance is impracticable. Mitigating, which will likely be through the purchase of credits at a wetland mitigation bank, ensures there will be compensation for lost wetland functions and values. DSL requires that before a mitigation bank can be used to compensate for proposed impacts, a series of Principal Objectives for wetland mitigation must be met (OAR 141-085-0680(2)). These Principal Objectives include requirements such as ensuring the replacement of lost functions and values and providing local replacement of locally important functions and values. Both wetlands currently provide mainly lower quality functions and values. As such, it can be argued that limiting the conflicting use would allow for a higher quality mitigated wetland as compensation. It should be noted that although the trail will impact Wetland F-25, approximately 2,400 square feet of the impact is not from at-grade fill but results from the construction of a boardwalk through and above the wetland. This boardwalk will impact the wetland but will ensure that hydrologic connectivity within the wetland will remain. As such, limiting the conflicting use, at least in this area, will not result in complete loss of wetland function. Allow Conflicting Uses for local protection The environmental consequences of allowing many of the permissible conflicting uses of the underlying PR and R4.5 zones are generally negative. Mitigation for impacting the wetlands will likely result in improved functions and values elsewhere, but the actual impacts to both wetlands resulting from allowing the conflicting use would likely have indirect impacts to both wetlands and the surrounding environment. Measures, such as boardwalk construction, would likely not be used to diminish the severity of the impacts. 4.4 Energy Consequences The following describes the energy consequences (transportation connectivity, efficient urban development, etc.) for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) The energy consequences of prohibiting conflicting uses would be negative. A complete trail will ensure that some commuters can use the trail to travel from their home to their work or for social interactions. As stated previously, in 2005 it was estimated that trails in the Greater Portland area save $1.1 billion per year on gas and other auto-related expenses. This energy savings would not realistically be realized without a completed trail system. Limit Conflicting Uses (limited protection) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 18 The energy consequences of limiting the conflicting use to constructing the path and boardwalk would be positive. Closing the gaps in the trail will open the entire trail to commuting or travelling between communities, which can save energy costs. It has been estimated that over 18% of all trips are made by walking and by bicycle within the Portland area. This percentage can increase with a network of trails that connect communities. The City's 2035 TSP describes how traffic congestion has consistently ranked as the number one issue facing Tigard in community attitude surveys and the city is committed to finding solutions to this issue. Multi-modal trails are being constructed all across the country to provide an alternative to gas-powered vehicular traffic. Allow Conflicting Uses (no local nrotectionl The energy consequences of allowing the conflicting uses in the PR and R4.5 zones are mixed. Allow the conflicting uses in the PR zone will result in a complete trail, which has positive energy consequences,though could also result in the installation of recreational amenities, such as playgrounds, shelters, and structures. Those recreational users are not energy efficient. Allowing conflicting uses in the R4.5 zone will not be compatible with energy efficiency. Although construction techniques and designs can be energy efficient, overall,the long-term effect will be negative. 5.0 CONCLUSIONS AND RECOMENDATIONS The following summarizes the anticipated impacts of the three alternatives related to the conflicting use: Prohibiting the conflicting use would avoid a relatively modest capital construction expenditure by the City for the costs of the boardwalk and at-grade trail sections, and from on-going maintenance of the trail. It is likely,however,that prohibiting the conflicting use will result in degradation of the two already lower quality wetlands from trail users choosing to traverse the gaps themselves. Although the gaps will not be accessible to some commuters and for people with limited mobility,the wetlands will be used by those still wanting to make the connections. There will also be a loss of other benefits that a trail provides, including economic benefits (e.g. revenue increase from trail connection, lower health care costs) and social (health benefits realized from trail use). Limiting the conflicting use will ensure that the benefits from a regional trail are fully realized. The completion of the trail will also meet local and regional transportation goals and fulfill long-term community vision for the completion of the trail system. There is a relatively large pool of data to document the economic, social, and energy benefits of trail use. From an economic perspective,trails can increase property values, increase tourism, and entice companies, which create jobs,to relocate to areas near trails. Trails have been shown to have direct, indirect, and induced economic benefits. Trails can benefit physical and mental health, which can in turn reduce medical costs. Trails can serve as conduits for community involvement and engagement. Passive educational opportunities are best served by a complete trail system. Increased trail use by commuters can reduce congestion, energy use, and the contributing factors of climate change. Limiting the conflicting use would result in the loss of 0.34 acres of wetland,the permanent impact to 34,431 square feet(0.79 acre) of ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 19 vegetated corridor and an additional 65,420 square feet(1.50 acres) of temporary encroachments to allow for construction access. The encroachments will also result in lost functions and values of wetlands and vegetated corridors being mitigated, ensuring no net of both resources. Although both wetlands are categorized as locally significant, in reality, their functions are generally low and will be easily offset through the purchase of credits from a wetland mitigation bank that ensures replacement of locally important functions and values. Allowing most of the permissible uses from the underlying PR zone would not only further deteriorate the wetland resources and the surrounding environment, but the relative costs would be high for capital construction,mitigation, and on-going management. The development of non-resource-oriented amenities will likely not fit within the context of the land surrounding the trail sections. 5.1 Decision This analysis concludes that limiting the conflicting use will result in the most beneficial consequences of the three protection scenarios for the City. A decision to limit the conflicting use will avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting use, but more importantly will allow benefits to be realized. There is a wealth of data available documenting the economic, social, and energy benefits that can be realized from an efficient trail system. It is true too, that although limiting the conflicting uses will impact wetlands,the relatively low functions and values of the wetlands will be offset by the use of wetland mitigation credits from a local wetland mitigation bank. Based on this analysis, the recommendation is to limit the conflicting use(i.e.,remove Wetland E-5 and a portion of F-25) from the City's Wetlands and Streams Corridors Map and 0.79 acres of vegetated corridor in order to accommodate the future development of at-grade trail construction and a boardwalk to close the gaps in the Fanno Creek Trail. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 20 Appendix A Figures .., •,,.. a.-rovil 1 1,,... .04+ - \ Ii 1 MP.") 1 . ) i I 1 . 1 $11111.111.111111111517 ' . • . . , ...., —....., . 1 . ........ ..../ \. .. ... .. . A.: • . . „A...., , ! ,...... _ ,....., _ AT... . . .... . . . . .. t .^' - ,--..1:-•:•••,,,ft.-•-•!-- 4-Af.,:-.%` „,...to,,, • :. t„ - - ..1,‘,..•,,,-;7'; :" ..,.1,..4 4' .1- . , • , •,-' ‘-.--' ,.-Ai..4..0-,::. - ..-••••.'":::.:-. .:7• ..4.4., s ' . : I € • Locally.) '' ..,.,..:1,....,,.. / /r: '; Significant Wetland B / / Wetland E-5 (410f/001 s . ac) /-----___,, / I ;i!s!56=+'. �'wri%r-.,ia.�.4-.:;.T - l l I /IV' ': ',• " r'y'e/� i , l -a,,L ,-77":,=S:::,','•-_:;-:,...::::•1°'.\,-1.17.54:4::!*` I 1;. (- 'Wetland E,5 Locally, 'S. .. .�,t;:: ,. \ .• Wetland A -,- Significant :,,,1,4,14-,,7,.1 tl ya;'� v not local) significant) (2,854 sf/0.07 ac) ( y 9 ) Fanno Creek Continues Wetland E-5 a.-„ `�' ,Beyond Study Area :......... LEGENDS j .-, Study Area(197,098 sf/4.52 ac) % /d- (...0->2:!...-A' ° r r Fanno Creek Continues .1r Wetland(29,839 sf/0.66 ac) Beyond Study Area 6 s y� . i �'T *.1 •` , is 3 y r I ' Fanno Creek e. �, / • ,� Waters of the State/US1 I "�,P�e �� ?.• i r i;, a�q,1a r r " _ �P 7 ,art,r o°P .� c , '/i/i/i: (18.589 sf/0.43 ac) €< •- :",�.,, ?; +A--r'4 -E �°1,✓ S,�yr r" {'x ,%::,j/ ,;\ y `r°„,'' c°$' < ;„\,t' ', �•).-.,-,-,-*,-,.:,-..,,,......-..- r- Lhy y[ i ,� 0,, IF F,< `' ,ve. ol'ano i ,__-:.-:'-r Ordinary High Water(OHW) ''`" tj� l '4',..-..k1;''' b t �p� "o�"'e ri ' .- mat`',',..):1•4••::_,'-:•:•-•=4,:;•.-•:'--, ,rfE` yAT/ +M' �Ir;�, �><•�i. ��r 'b` �+�AY" pr �' .r CWS Vegetated Corridor *G�4y r,�4, )';?,..146:,:;.,,,;y..;-' fF . ft (113,697 sf/2.61 ac) Canceb�/ � i,...:,;.:,J 9 i;=:;1'. .; ib r' ¢"f n4'.nr^ r,:`s.'. _- _ no C•" x�;' A, ,-.1-`;'::: ,'''''', ------%\------.::::1;' . 1. f~ \1;,,i1:4.-',"e -�t y ..r Fr ` Tigard Riparian Corridor e� SB ' + .-. Plant Community A(11,073 sf/0.25 ac) / • Degraded Condition i j :- : :ow ;` _ 4, „ p;, t- g Plant Community B 15 715 sf/0.36 s r"" `;� ?ysgrry s;, = '‘",,•:' Degraded Condition ;,, % ; Plant Community C(42,979 sf/0.99 ac) -----------___-s Degraded Condition Note: "�; l' _ .� i-y Gj Wetlands A through E ° Plant Community D(43,930 sf/1.01 ac) Delineated by PHS Are �0 / Good Condition Identified Collectively4 iv On The ti it Tigard LWI as Wetland E-5. ''': _'ir:,- h- Direction of Flow Only Wetlands A and B Are sr'r •- Locally Significant. -• „. ," ,, o so loo 200 SCALE IN FEET Base map provided by KPFF A k PHS l� Existing Conditions Overview(Woodard Park to Grant Avenue) FIGURE �� Fanno Creek Trail Woodard Par -Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon Pacific Habitat Services,lnc..w o. pa 5 12 are.ea.2.20,222 aa,.:tmna,aaaw .alaaalm°oas 1-19-2021 C-/UI \tlsa\Desktop\WorkFrowHame\5854 Fanno Creek Trail(Bonita Park)WutoCAD\Plot Dwgs\ESEE Figures\Fig1A ExisKond OV Woodarddwg,1/19/2021 531:17 AM,AutoCAD PDF(High Quality Pnnt)pr3 • \\\ \'',..!\tai ~ LEGEND \\ \\ ' Wetland F iir,, •• Study Area(371,110 sf/8.52 ac) » 0 0 1 (604 sf/0.01 ac) , // Continues Beyond Study Area Y_] Wetland(22,265 sf/0.51 ac) // `F�^ Wetland G , Waters of the State/US(45,531 sf/1.04) ',\iijr (2,793 sf/0.06 ac) ,�, iail ,'[ � _................._ Ordinary High Water(OHW) '�.yf +` ,.,�'� CWS Vegetated Corridor dl a Existing (204,589 sf/4.70 ac) , t A t•:":�°:P. Fanno Creek Trail P ' 4 'j' /Tigard Riparian Corridor t '�®��,'�p i Plant Community A 4,799 sf/0.11 a 1h q it ( ac) • R 1111' Degraded Condition is pt_' Wetland Q i � (1,043 sf/0.02 ac) (. ; Existing Plant Community D(199,790 sf/4.59 ac) • \ Wetland I Creek Crossing Good Condition `a;_1` 1 (2,048 sf/0.05 ac) 0 i Direction of Flow y� Wetland J 1, - * 0. (1,146sf/0.03ac) I w 1 ^.' \ Existing „a ' �a Fanno Creek Trail Farina Creek. r4t,• ,, e\ - aQ. - f °; ^sContinues beyond r'4to fi- !, .• 4...,`Study Area 4.- ' .r y '+� "'� Locally Significant- ..li , + /%:/ f .i'1. _ Wetland E-11 �`"'"' �:._ �` ! +v +/,�j9 jyr -- v3,. Locally Signficarrt 1,.., ° '!ten �7,'� �,,(�B `'t -7.��` Wetlands and Ve elated;onidor lon,,,tinue Be ontl Wetland E-13 Locally Significant + 4 2-i- " '�,•/•-'m #". ry •• 4, t4 ii - _s rs"r mNdy Area y Wetland E-9 •>* '( A ,,,--, 'f4,., i ,� 41F. r .0,7� ,N\ a zY—, av ,,,,.,,,,•,•,..„, ‘,.:-..4, • e, tri • rF'F. �' fi, YvJ ^ % P O_�y.=,,�� - ,y _�! r� ! Gt SgaYo Y '.'ili'i&f• �„�f + = , tea r ,F.n m_ ..- P S� Pie _Fanno Creek Wen nds,� . % , '' y , . '''Wetland KHigh Flow Waters tr �%�b��p(�f`M \(14,579 sf 1 0.33 ac) Channel andVegetated Do -.� -"."ter/Are''.a:m 0 as 150 sue Continues Beyond Study Area Wetland E-10Locally Locally Significant dor Contlnu Beyondg d 1, SCALE nv irzet, Wetland E-12 Delineated boundaries were professionally land PHS surveyed by KPFF.Sample point accuracy is 33 feat Existing Conditions Overview(Ash Avenue to Hall Boulevard) FIGURE • Fanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon 1 B Pacific Habitat Services,Inc. IMO.anneea..s4.m.e...u.w ema 01..ane(56,570.4.00c ..l 670.045.51-14-2021 CAUsers\Lisa\Desktop\WorkFromHome\5a54 Fanno Creek Trail(Bonita Park)\AutoCAD\PIM Dwgs\ESEE Figures\Mgt 5 ExistContl OV Cityiialldwg,1/14/2021 1:4135 PM,AutoCAD PDF Nigh Quality PrinU.pc3 - , tib; , :` a'I"4'°.1,'3,,\ ' - i1i,r( :Wetland 0,152sL...... - ./-?'. ' ',v.:'- s,;,L ' ;1r•i';;',1 1( ( f(1,152 sf/0.03 ac) Fenno Creek-" , !h s( I ';'III J • �4 / 5 • 'Continues Beyond Study Area LEGEND (6,402 sf/0.15 ac),..---4^.. �. Continues Beyond Study Area' ,�► '''',-.;?.1,14.11 . i �(' .. (North and South) m 9lis4 1 1 1 (,iw ' q R Study Area \\ \\ ®'> gm Wetland(2,011 sf/0.05 ac) ,' ;;;� fi r, Culvert>Q �, \\ \ i i . :, i � , �,�� Waters of the State/US ,1 J r �' \\ \\ 1 11 \ \ ( \ 4V :< r ?/1;!/71,:!?;' (12,195 sf10.28 ac) ,r vs 'Lacaly Signincant, / \\ '-\'�\‘` \\\ f\ i.,. -_-_---- Ordinary High Water(OHW) ...,'It i,§.: .i'..,.,' Wetland E-20 / t_ \`\`•,t:;:;," --'.^ 'n' ,i._ ._ 1 /n1 I)i / -\ \\•„,_ \ \: =�y;!`. ---- CWS Vegetated Corridor "v"' T i,. `_ 'ji.Mr(a `\VIS __ ...N.:‘,..... `\\\\'". i'' (64,592 sf/1.48 ac) t,,,1,-,,,,,,;+...v,',1)(^ 'i%i '� - .in .~` \ \ a iti i '!.f;',.---'' ",,g,„ 4',t4 s! \ `\ \\ 'z, Tigard Riaprian Corridor - - __3;i it( -� ,;',,-,p,,,„ \ \ ,---:._„../..-27-:',--.7 1, L `\ \ \ Ptant Community B(5,376 sf/0.12 sf) '''n.,',... � 'N. "N ' Degraded Condition '' `�' �D�." \', '',:--1, '''*-' s'~`" Plant CommunHy C(27,317 sf/0.57 ac) ` - �+; °_ .." ‘.,'-.•`;,• ' •' i;:c--1??__, ' Q\ t ( i „..: r; =t:=; —_ Degraded Condition 001\ 4' ,+--,_,' - - f,_a • - Plant Community D(31,899 sf/0.72 ac) `^ _ .. ,`: -'' Good Condition \7...., ,, ik;� � a - '--•;C='t_ •,\'‘N.;,:";::- D. F� Direction of Flow Tributary`1 "" ::•-•' (5,793 sf/0.13 ac) + �', Continues Beyond Study Area ?+K,• A: ,n• ,:a..°'-;'?^' • i r� i r o ItiO 9Bo Bao N SAY 1�YJJSFF> 'i �:,. ' �"^—� Wetland M'-f \+n �'` SCALE IN FEET @•, ; •"``'�1` ,^,`�-+a;"' •-•• 1Base map provided by KPFF . �PHS Existing Conditions Overview(Tigard Library to Bonita Road) FIGURE / Fanno Creek Trait Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon 1 C Pacific Habitat Services,Inc. nna:ryasl noaeee r eo>,emaa. 1.14-2021 C Usersµisa\Desktop\WorkFroinHonte\5854 Fanno Creek Trail(Bonita Park)\AutoCAD\Plot Ewgs\FSEE Figures\FIg1C ExlstCond Library OV.dwg,1/14/2021 1:4228 PM.AutoCAD PDF(High Quality Pdnt)pc3 ... . . ' • . .. . • " "-- ., . --..r.- ." • 'fl,1 ''i i i i:i i i i" ;,,", / i I_ ':•••:-, 1_, ---..."11---f"i-,00,8/," ".14C4 ""--:-/ --':',, lAi';', ."., .... •-_ '"-- '" 1::-, :'''lf--.4\11:1';',;14,,?'i,:,,1 ') - ' : '-':"" '1:''.".1-• '4\:"""i'il...'1141 ,-:,":, -,'''./ ", ,;-:":". ",.% ",;,-il """1:7,1 1 '- ..) •,....,' \-2,7 ,:.',.: •-•;;;:1"; „';' ;0.E iiit 11. 1,!7i '':i, '' '''"•-•'''`"%3 ''i VI':"":. \'',':.Z", "-.:-,",----,--?;,:::.: , -1 '1,:1 .141<--Z_ '''''''--i--•'",!",1,: . i'i. ..-- ---,i---.-2 '',',:i'•( t. '..-:.'.'," .. 41.14)i I d',4,,,,;•,,,.) .,''.'//:-.••• I-.:1---... :c:. , ', ' .........-: --•I.;..11,1,4:-.4'".•,';',/,,„.:3;',/,(,;,;',.;',/ M:1 :; I ,'•,-..:fi•-.),(::;:: ,,,,:i!..:: ' ,/, / \41:>,-,: i •44.--1.,',,...,-,,/,i,•:;;:,:i--- /( ,44....,•:,:„•,:,.,i-..:. -,- „:,;.., . :' Wetland N - ,,,..v.-s,, irk ,,,,fr: ,,,(/: '-- -).........,:i.. ..0":,-..:-,,;;;;-,,- •,,i,,/,',.,..„.."7-' /, '; , (58,671 sf/1.35 ac) '--- N'..-.-.,,_ ,,,,,.?,;,`',7-5:',•.:-.1k-,1'-.;;!..1/14/ ,/ .....:',,„ Continues Beyond Study Area to:if-f-.4;',-......?:"•-•;,`„-AF,•1 ,4',7• r. ';,.- 4\ VC Truncated at Existing Rail Embankment '..-- 4\ t•-:';'4.4:-..11„. _4' ,.e. . ,Sge -,-2_-_— ''-e• I'M:.. .' ''''''.;;:'e"- i'•'.',e Ie'ii,11)r'l ‘) 1 1..; ,,___ Locally Significant .•:':-:...::::::::. i-,,i• , „, ,..z Wetland F-25 LEGEND ' E..•:-..-,.::,,,..v,..-; 11.k-.„);;,.::: i 's, k, L._ ——— Study Area flu 1,,::)':, / ,--';--- ---., t•-::: ';".4 )IS - ' Wetland(65,977 sf/1.51 ac) ''..-''f.':'-',,•-• :,?;',4)P.:)';- i „1 , ., -,,_(.:.../...1....,711.', i4,fi',,,,' i --— CWS Vegetated Corridor ';1:1',;',. i „1 e,-, (38,037 sf/0.87 ac) r.!,r.;.,.., I, .:,=<,, if•-...:::::Yq,itill.:,',:i. ( '! ,,, / Plant Community A(11,073 sf/0.25 ac) Degraded Condition U.:',..-:::..:.i-,.:e ,,,.',:.!• i , ....:, j„,..(..:.:..:.....,:....:-.......:x:::::.I.,.....,,,,,:,t; DPleagnrtaCdeodmcmounndityitioBn(8,545 sf/0.35 sf) eiX.:-if t);',' ;jig'. i ‘1, 'i -_,„-„----- ''' -' ----- , Plant Community C(7,991 sf/0.18 ac) i.. ... er•-:::::•:,...:0,;:tfy,',,,;,.4,c ,-_, L _ .:i Degraded Condition -\ --1-4%-...-*:)--.444-tif‘ ' •-''',./ /"---------..1' . „. -„,, Plant Community D(10,428 sf/014 ac) , ''.';'.;1( , 1) „ Good Condition \/ (Q::::::::.F.„..,,.:,,-LI•ii, .,1 i '., ,,,,,, - ,,___,, NOTE: There is no Tigard Riparan Corridor in the is .. .,I i _..--) '! ' Vicinity of This Path Section ., rt.4?) / i-4' / ',\ Ir:: 14Ct- 4 r ,'..---,1 J-,,,I, 7' !..:1-kg;?'-..\:-, ."-- '--,, '''-•.-- --r't12 • ; (7,306 sf/0.17 Sc) -41' '-----`-.&:::;:j":4".5:1;”-`f• 7;,......A ,1;'); 55-i:Continues Beyond Study Area ''-k:•.,. ...::::,:-.:$:::it;.4-.....:::.., t'.:KaPrii .: ".,,.;,:. \,w :, ,)-/--• / r.....-•::::::',.:• e':::::::;;:I., is.., 1''; '' / /i...'e,-,' e.,.• , 1 :"........-....:,*. ''..-''',..;i 4'. / I '',-'•'s s'. I • ' r,......../..:,..:.. ,,::::::;:•:::, hl 1 ; (•:\( I ', „ `,..:1::::-:::::.'.Pj./::::k::::•:::11'..i.:.!, ,) i„' L); ::, ,' ,•,,',, . b -•"/". -..Y.:-...........M.F.I. 14,le,f /'., l' ‘„ "\ 7 ) ''', ....„, ,:-.........:,./ ;ri,"-...-...::::::::4 ' j,„\ '. r, : I '`, ''-",...-:,•-,1 0 , AO ZOO Base map provided by KPFF ,‘:,:- `,' : i 1 1 1 i! ',..\ '`=...-', SCALE IN FEET ---- ,...- , - - - . . Existing Conditions Overview(85th Avenue to Ki-a-Kuts Bridge) FIGURE PHS ".',' ,---r it j, ii Fanno ACvreeenkueirTaui laraotinodBarriddgPe_ark13- Road/ 1 D 85th Tigard,onita Oregon 1-14-2021 PaCific Habitat Seryices,Inc. " • " • • I I /' NOTES: LEGEND / 1. Vegetated Corridor Impacts as t r•-1 FT Study Area(197,098 sf/4.52 ac) --— / shown encompass corridors / associated with Locally Significant / Wetlands and the Fanno Creek Significant Wetland(29,839 sf/0.68 ac) _— / I��- / �� / / Riparian Corridor.Additional :':':<:<: .... __ p ��<�<�.�.; Non Significant Wetland(24,629 sf/0.56 ac) encroachment into vegetated -, / corridors regulated by CWS have ---= ,:);., / l been addressed through the process �!i,�!i;! (18,589 sit0.43 ac)aters of the US ' ' / / for obtaining the CWS Service i. • ./' r Locally Significant- / / . _i Provider Letter. Wetland E-5 }:' / /J ---- Tigard Riparian Corridor \\ \ r \ / / /-,'1.::;;',-"A ;'''--\, ''', '`, '` `" -•i`I /e 2. Wetlands A through E are collectively ---- CWS Vegetated Corridor -r-,\,, - Iran r. En identified as Wetland E-5 on the a , Plaza Proposed Tempora / ( Tigard LWI.Only Wetlands A and Biii Vegetated Corridor Permanent Impact --• Construction Access - a . {_'_r__`; ;• 1 s � / /7._______ are locally significant. (7,460 sf/0.17 ac) Y \ Easement / �'- Proposed / I Vegetated Corridor Temporary Impact -rty' �`�lu(,�IIJ7►'; , - - a..��-_ ---7 o oo too 8 sf/0 32 ��gb�,` \ At Grad Trail " 7 �� (14 15 ac) o Soo sr _ ` e nifi SCALE w Put !L !tdlm • 1NPropoi Crane Pad , -=Locally Significant __ -°4••'4 is• ` - 1( ""(,% S -••i / 1 _, riiL �/ / LEGEND i',4a • X30-" / Remove Existing Spur Trail and / Study Area(370,687 sf/8.51 ac) / -- � �, .m om` NOTE. ' �;,;,A ` Bench.Area To Be Utilized For \// I `t' Contractor Turn around. ✓ Vegetated Corridor Impacts as shown l\ r Wetland(22,265 sf/0.51 ac) _i \ r, ��'„ encompass cortidors associated with \\/l„y�\ No Trail Work, / Locally Significant Wetlands and the Fanno Y / Non Significant Wetland Access Route To Creek Riparian Corridor.Additional I 11 , Follow Existing Trail. / encroachment into vegetated corridors Waters of the State/US ' �I '%'!r'%'' / //`\r'� / regulated by CWS have been addressed ;:';.;,;, 45,531 sf/1.04 ac ) -" r j� / Wetland F through the process for obtaining the CWS / rii, Continues Beyond Study Area Service Provider Letter. / / %� r' -,,, / – – Tigard Riparian Corridor / \: / A \ Wetland G — CWS Vegetated Corridor • / �"� i Jo•..,•� all Vegetated Corridor Permanent Impact / ....•,,,,",,,,,,"'t �;.O• Existing (3,122 sf 1.07 ac) _ _ / '�'�'® \ Fanno Creek Trail / N %p a'� Vegetated Corridor Temporary Impact i 1 ';',:',;%,0'' ',ij/ / 0 95 ano soo (25,172 sf/0.58 ac) 1 I� / �, I -„4/ \ / SCALE IN FEET /r-- Direction of Flow / Wetland H — • a�A '�►^ 0 // I — Tax Lot Line ',��!� Overlay Existing Trail :,,,,,i) E ® I Wetland\ / 1 ———— Existing Contour / \ 5 ,,Vii,a, % CI Existing �� Wetland J Fanno Creek Trail / • \ G9 -�� \ Remove Existing / y / _ I and Construct New /? / Trail Section \ Fanno Creek Continues �'', QA vP saZri, / Beyond Study Area fi ..:34.,... / ' qpA r ° eA SWCA- 9 –� r I �,,7 ) Overlay Sidechannels \ \ p ik ` `L�i r*r i _ ° aN Existing Trail I / 111 ®/ t a��/� �j r $' I /\/ \ \ ��1°'T S ♦r p,Cida, K 2 %...-`10-f-';,.,."h;' -, r Nom® a _ • • \ "6 <_ a\ t l kr y no Gt SgoeK Noa/ ‘\ ,,,, _ .,-,.. .-,t, ,,,,,. lir., , _..„f,.— _ 0515t, 5) \`n�. ! ..1, : //\ \ FGo,4O Piga tea. /�'yi `� ..1 / \ Wetland K �b9 P, jyjy r @ye r I/ / 5nno Creek *'''.."'14C''.'''''‘ . s� y,:a'''ffri rT!'r ri)f' r . \ ContinueArea H– a h Flow Channel b °' ,i`b{4�r,;� * u:tr� �G� Study 9 ,,,a ,; Fanno Creek Continues Design Provided by KPFF / \� /� \ SWCA-Wetland A c o ,; Beyond Study Area PHS Development Plan and City of Tigard Sensitive Lands Impacts Overview(Ash Avenue to Hall Boulevard) FIGURE Fanno Creek Trail Woodard Park-Bonita Road/85th Avenue Tualatin Bridge-Tigard,Oregon :'1�1 PacificumsaHabitat Services,lnc. a,3,,mwm sa.,o..e.a,.u.r.mn Aar,aaynos.0a aneress 1-14-2021 C\Users\Usa\Daktop\WorkFrornHome\5B54 Fanno Creek Toll(1106u PukAAutoCAAD\Plot Dwgs\BEE Figura\Fig2B SensitiveLandsLiryHall.dw0 1/14/7021 1:51:16 PM,AutoCAD PDF 6-Ii9h Qeali y Pnrt).pog • • Fenno Creek----"=3>.; <'•`x Existing36''t ,i. 'j i.?r3 r • , ..... .,.,�:,,:_• \ \ f .�.. JI Significant Wetland-E-20 (6,402 sf/0.15 ac)r Culverts(3) Continues Beyond Stud Area \\/`,//" NOTE: LEGEND Continues Beyond Study Area _` .- y y s �/ r / -i ) Vegetated Corridor Impacts as shown -— h' < °y'\, encompass corridors associated with •--+�® StudyArea 605,240 sf/13.89 Pro sed -I ,,,,.:...•- . \4 4i !bi,.k,w'Pro sed„ f}\' " 'c, \ P ( ac) Po .; rFrr , i; Po Locally Significant Wetlands and the Fanno Crane Pad / Ai I. Fanno Creek Trail ' L'� i'•, ` Creek Riparian Corridor.Additional : Significant Wetland(2,011 sf/0.05 ac) AF db, �� '� encroachment into vegetated corridors - - �� 4t k a'= SEE INSETA`�;m,( C' \` regulated by CWS have been addressed Non Significant Wetland • I — c #,1.�,.. -' -`%';y—`;"%''i^ "0 'r BELOW _""w t ,' through the process for obtaining the CWS 1 3 A- `(\•: a;� i i %.`; kr, ,.--,. Service Provider Letter. �//;h;',;// Waters of the State/US ,_�l�t,, Proposed �'" •^�� aM�t',;` \• /i./i./i; (12,195 Sf/0,28 ac) x ;Boardwalk �'-'', \ '\ ` 1,n - BridgeLayDownArea r P i" as r - is �,' ! / \, •"�",k„rr;:; \ ---- Pro t3stiti' y __ - / ,pq,. CWS Vegetated Corridor • Bridge_ „,•w,' '' ;a,r,_;;' ;,i 7,( %, I ;k "" - - ,-„;r214.4•:- Ta)_ = Itc •;,:-...-,,,,,...k„; _-_-_ Non and ,c. • _ \ __ Tigard Riparian Corridor r ., e,c, ` Wetland z•a / / \ ;i(1. ':,I��'�°y'"`�'';,1'(` \%,‘",v ��•;=``��"'` <�`' \ Vegetated Corridor Permanent Impact Y p?j"k; ,----- '\\ \ IIIII (9.671 sf/0.22 ac) ;!, x �} �U '• `•` ` Vegetated Corridor Temporary Impact :;'''''' ''4.-",•.•:. .%`''' '',0 1s a ''•'-;(^ .a. (12,147 sf/0.28 ac) =l :� 1/ \ `Mw �r�'`'= \ h- Direction of Flow 4j ::,�:•,=:,,, ' ,,,s 4.„ t•" Tributary 1 — Tax Lot Line 7;::-.....::::::::$-:-,.. A el- -•__\--.2i• (604 sf/0.01 ac) . ♦'v ! ::. s. .A `^e Continues Beyond'.,, Existing Contour •�, • •:'�:.�' �..>"--.-..',',:-„ `` „',,_`-- Study Area i,::::,ii A. �V n • Q*--, i o 0.---Q'-e‘i a'': .fit. g ,1 li"N( '•" '1••'�1 s.11t ". _�jt,'741t`-- `\i'., _ I i • ="'r`i.•" _: _ , 4i,--_ _-_ 1-- .. .,1`@,,"�,`- / d ,�1,, -- �`{{aim•; - '\,n,` 1 1 r`"-`."_ ``•' - e...' fi.J1 .¢ `'► s-+�k -- A •r l<' �� )_'? —,1 'J \` ," —, �—i iellirlik II 17'4, f , ' •__ r '_ <` _ •`�!5'J�+ ` _A< `'" \\ f. dnn." > wil '• -gor _ ► f.. �r:f '1 1 - --.''''--:::'-.1-.1:''''----,.---- ,%_- ,Nim - '•s �,, • '1 I �! /// ' - ''L' i�T�ik __._ _ : :�.�' " 1 ,•_- ..-_- _„_} �.< -,._<,:::::::::,,..,J, All ,v\Yk`, °`. tpo zoo too • '.*,I r Y/,/,e, n :�--' 1.�y;� =_:: Tributaryl ,, r-�. ✓r ��° '• ,�.r '—\7:771rN FEET r /!+1 ` +,/,, ,,,/ ,....-:•�, / .--4,,,i,:,,---` 1 (5,793 sf/0.13 ac)$ '"' "•, .'/ /fit ` O' ,� 4 I Continues Beyond StudyArea '' _s1};?1, :";, <. //r,"',_` '. . 11' ,.91Y,i1`d`.il'� - Y • .F:,r'; y°n `'4:�'T1 1i Yy, +,e.';is�~�':`` \ Significant Wetland E-20 '\`' " — ---- ' . ,' a , z� \ Continues Beyond Study Arealf-=' T'=�'•;,^ > *„ e#1r4 • i S __;• Non Significant',d toY$f r r` ' >' fa`-•. �,,':'`•it'r`� ti• ;�rk' 01'ter,'=;`,' _ �-- �A,i_ Wetland M" -rS; r R�' _ !�(r/,, '�, ;..-_ .,., ,-, �"�\� '• - .�..i�+-- •• , 1.11:- _ -'-� ___,,v„,.,` `'i�Y;'�",-�.1 Design provided by KPFF • LPHS Development Plan and City of Tigard Sensitive Lands Impacts Overview(Tigard Library to Bonita Road) FIGURE // Fanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard, Oregon 2C Pacific Habitat Services,inc. o,.pwn.,ro..drom,mn eb,.Pmtaroaw tsmissoaes 1-22-2021 C\APDAUsa\Desktop\WorkoromHome\5854 Fanno Creek Trail(Bonita Park)1AutoCAD\Plot Dwgs\ESEE Flgur.AFIg2C Senskivelends-Ubrary.dwg,1/26/2021 89328 AM,AutoCAD PDF(High Quality Prinp.pc3 • . .. .... . . _ .. , . . .. . . 1:0P#H / / / L__ :Z. ------------ ---'-- -',' . '..84 -. z — Proposed Trail / / !:; ,_ „, ' ,‘ --4,:i i';', Easement /, / ' __.. , .;„ ---.- . / :',:,----/-k,..:,.:: Niii'liY-----' 6':::•.',:.. / f....::::-.,, /4 .,' / 4 ,,,,. -::-:. ,-,...=•i----. :,....' / La:., .., rlill',11i' iii- /4':,,'627:"'.':,/,-/,/ NOTE: :,,•,.;;;',/•:;.:'4: ,,i'./ Vegetated Corridor Impacts as shown , ....*::::::::, - 1. fliA '';),/,',',%•:,',,r,',',\ t.R...,.. encompass corridors associated with Locally Significant Wetlands and the Fanno-;:'/47, . ,.),.); /,/,‘:/'; Creek Riparian Conidor.Additional encroachment into vegetated corridors \ ,(1 :"•,•...N: , 1„, ,y, -:',';',,,'"/:•,,.-14/1 (J.:, V./.,e/, ''f'.,‘,\''-f.',11(..v%''''il,fy....-/ regulated by CWS have been addressed through the process for obtaining the CWS Proposed . ','' -,17-;;;;;;.• //4•;//- Service Provider Letter. Fanno Creek Trail '1-.sk.4:•,-, ',''' :--4,,,`,,ri„) 4:' i.',""A"--) /41 :. ., f. •,•k• - -..-7..-_,---_--_,-,,, •--.„• ; ) ; Wetland N —--—------------ ._, ''-' ,......: ! Continues Beyond Project Boundary -I$5...;:r.':.,S`---,h7-.5.':".•%;;L?,Y„',) ,,.....---/ '''l )1/4, LEGEND ha-.••;-i;::::.;.:. ';,i'-',. ,L .,.,;--...-7-Vegetated • :KO;Z_.-ie,.../,,,,:el i_Corridor ' r---: i- Study Area(134,680 sf/3.09 ac) Temporary wetland .':'53t;:,.,.--, '...1:.•/•„,)):c,,)„,",, ',,Truncated at impact proposed for ;'.11',„::,-:.t'.,,,„.. ;.),,..,4 i,,,,,i1,,(, ,`,"Existing Road p -::1 Significant Wetland(65,977 sf/1.51 ac) construction access road -.X:::k.!:::;?;:: .Y•ii--,,,,,-4,1!..:1 -; ,, Embankment and site preparation for •14:z--..-417.l'"P.,,,,.„,.„..i"-, ., :-....mc,.„litl. ,.ft .'4 / z...:„. / . . ote.......... Non Significant Wetland wtot.t.t.m. boardwalk construction. "...if#4-'' '•,;;;,„;ii.:.f __________-4:W:E.%: 1))74,lli, "/. Proposed •••-- CWS Vegetated Corridor Locally Significant ..1:0 ,L„_,.it ,,,, Boardwalk Wetland F-25 E.I.::::?..:-...„:,,:--"i:•:,t',, ,;,'1,, (Includes 370 sf of no Vegetated Corridor Permanent Impact _________,C.•::::,::::a!(' .•,,t '', A;I Permanent Wetland Impact (14,178 sf/0.32 ac) At Grade Trail , .:•..." ;,47,fil ti/rqi For Boardwalk Footings.) Starts Here i : *''''4101fit if K ', Vegetated Corridor Temporary Impact L::'J i i/' 371!..,iii,P(a I i --;- .-----„ (13,943 sf/0.32 ac) . . , , , , Proposed ------', , ' 'IMP/4 ,2-:.: Overlook - i rki i;Ni / 1 I Locally Significant Wetland .:14.f? ';' r' ' . Permanent Impact 4 (14,257 sf 0.33 ac) " Sfr.:-:!.'• ;Till iiifil,:i '1-„,,''' -Q ,:if, •:'''Ii1''1 i 1 '- ;-- Locally Significant Wetland 1 / '1 . / iirtIciA ; i ,_,..,,,,,,,,;,,, Temporary Impact ilri il„i„;Ili ', ' - (17,517 sf/0.40 ac) I i ( *--- Direction of Flow ,l'itEHI;.;if. Nit.); _, - lig.i. i c" \ -, __.-- ____ Tax Lot Line .04i'll.iilt.Wip i : I ,„---- 1::4:::::: ,'• ‘..:'il:' '; ‘--2, -' i) Existing Contour s,, iD.:,:? 1;LI( ,---,1.'- „,----„,,, H:,i11 iq. !. .'-'1.-4, N 1( -------'01 . ., /E.:-... .: , ,- 1.'?. ; .----,, F, / ik*,'A.4.3.2„;:-;., '' - ,,,' ,) :..-:_2, z f1.1 I;\:-"ili..--'' / :',----"I • ..-,-/ I,-'-.441:.,1 ii•::...a ::',„1 ,...! i I 1 (--:, ‘,,‘„, .-____eig,,I,,. .•:,.::1, ,-..-A ,. ,. ''- --z.,.,•,., , tEl--)g;,„ ,_.:.:•::,i,,,,,„'i-- I N, h 4::::::.:0,;', '-',,,:::-:_-;_-:.i.,--'e'-'",:=. ,; "--11V."--:.• 1 ),.., ''.-'",•7;7::":,:-,r25-1._:::: P../.4',. 44, L\Wetland'o ,,;/'.. :, Continues Beyond 1t::::....."-.i.:1,,::,...Study Area ..,:•:5' Il'::::4' r.'e.'Or:':l'.''; •i' !--,.'; 2-',. ( ----':' - •••,..-r, ,,,,.. ..,::•:•:-'2t'.H,i1; ''. ! ,- '\ i '; '', L. 0 50 100 SCALE IN FEET Base map provided by KPFF ‘,-,t /- I , .„ . .. ...-. - „ / 4 Development Plan and City of Tigard Sensitive Lands Impacts Overview(85th Avenue to FIGURE PHS m Ki-a-Kuts Bridge) 2D, Fanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon Pacific Habitat Services,Inc. 1-14-2021 ' ' CIT Y OF TIGARD Respect and Care I Do the Right Thing I Get it Done $1 : TIGARD Fanno Creek Trail Connections CPA 2021-00001 CUP2O21-00002 SLR 2021-00001 City Council I June 1, 2021 SUPPLEMENTAL PACKET FOR (DATE OF MEETING) Project Summary 1.Woodard Park to Grant Avenue (Woodard Park) ► 2. Library over Fanno Creek to Milton Court (Library) 3. Improvements to an existing path segment from Ash Avenue east to Hall Boulevard within Fanno Creek Park (City Hall). ► 4. 85th Avenue to Ki-A-Kuts bridge (Durham) The City of Tigard is requesting a Comprehensive Plan Amendment to remove 1.06 acres of Tigard significant wetlands from the Wetlands and Stream Corridor map C I T V 1. "I' G A R aa w.pviii `•A "a gsrd thin FStiue AiN 4...1.N. , ,4;� Ta.... N A ,.....,. „ Epi__ r r k'� fte i l" g / A I w o.« - t C.vektLM a' +4a+. r 1.. a l e,. r a as Area • a� .....1.40. .4 't: .....1.40. i r. `t .` .. s.a,.,..e i. tt /kaLty .yl (Nddk Templeton Ekmmnry • a .....a, « 1t Fanno Creek Trail OR , Connectionse qlrk .k.a ,w�� Trail Segments Woodard Park to Gra nt Ave New Trail •i wr^^ Ash Ave to Hall Blvd Improvement .,44." ' 4 ri •♦�f Ia +' w5ewn ORM Library to Milton Ot New Trail j�, r 1 „,, r!,ia'. MIS 85th to Ki-A-Kuts Bridge ♦— «�; o,ry New Trail w.s P r +..4. Other Existing Traits ` y ; 7 01 II6ARI) Planning Commission Recommendation On May 3, 2021 the Planning Commission made a unanimous vote in-favor. Planning Commission recommends that the City Council adopt by ordinance the proposed Comprehensive Plan Amendment, thereby removing 1.06 acres from the significant wetlands inventory. . . '...,....o..-,.. ra ..Y :.4 . :or 1- c. • , , . ' : g ...... - * . ... • ,,,:, ,___• ,• - N. .'..... . I . t . . t I ••. .--!. ,,,.. I' Approximate ... ...__ • ..... . ... . ., _I __ .,.- . ... 1 , . 4.4 P Project Area . . r t - ' - _ . ... i ...- f . ia e asl. ' _..: •-• •- . -',4, , ' • -.. - • --..,. - / \ IP' . .., t-...... , . oi. 1 •r....t c ,....... . 4 - . " -, ,.: . . . - . •. i''"' f i : I' .r$All" . .. . .., ,,.. .! „ . , - . ..,,. • '.".• '''PI .4.. if ik . 11111i t • .1 .- .. e - iii4r1. '' -'1 o.• A illr . . . 4. . r - '•' • tr'44' . 41 41',. i. • ' • I ,:..c- . . • It 4 ' . . . i ... ..I. , p 0 , . .... , • ' 14, ?•'. l'•-. . silt . . •. 414' • . . • - 4 .- - • ...., irkip" -410-.11"4-6'4":' '' /111111114, 1411011' . ... • . . ....4, • ,, ) \ ..• I .., . .• , . . ' • .7,, . . • i• c it ' . . ‘ , . . ..,, \ • ..1. i • ., . _ , . ... ..• .•, , A . _ 1., , iv • ..... .....1 D is .. . •• * e Ait il * .4. • 44, • iss . ... 4.•• ." • '"Illik: ' ..* ' ' ,:.* ''' , ., • \ „.. . , '.4. ' ' • '• \ I .', • ' . ` ,.. \ 0, 0 t* " 0 * . C 1 • • 1 . I • li ' • , t . 0 0 • •••,, • . , , '....,.... il a ti"- • .4r, ---,r 1-c3 u' . 1 -.' - ki 4. X / , $ I . • (5 , .* 1 W.. r , • 11;h141 et X r - :• \\ Ille '41; • , 1 t • 1 Approximate Project Area - ,.., m : 1 1.100 I.ik • .• ." • ..... • r r si . 0104 9 01,C 1 ; • % • lar"at [2 .... ININI 1.4 • 0 No , 41 ‘ I \ ',. 1. ',''' '74 (c1 Approximate • Project Area • • d,1 SW Peg r13 1 1 • 1 Approximate limits of project VC mitigation and enhancement d area • cr,a, ct— . - • • .pkto ColQ•ly 'eeCt- E K ,. } , ._---------- Approximate ) Project Area 7- i , . i - I '\ 0 -1-• 1 7 , I SNW idelci Ct— !I': 0 I (a. • OP th i i - ... 1 C 1 1' O T 1 G .\ R D Project Need Regional Trail in Metro's Regional Transportation Plan Regional Pedestrian and Bicycle Networks These path sections are critical infrastructure and will serve a dual purpose of fulfilling both public transportation and recreational facility needs. New path sections will provide for controlled access to areas it passes through, thereby reducing the introduction and use of rogue paths, which are common along several sections of the proposed path route. CI 1' V OP 'I" I G it R I) Environmental, social, economic and energy (ESEE) consequences analysis The Goal 5 ESEE analysis involves evaluating the trade- offs associated with different levels of natural resource protection. the evaluation process involves identifying the consequences of allowing, limiting, or prohibiting conflicting uses in areas containing significant natural resources. This analysis concludes that limiting the conflicting use will result in the most beneficial consequences of the three protection scenarios for the City. SUPPLEMENTAL PACKET FOR - c.. (DATE OF MEETING) 4 yr'� dee `ien1 Ai FANNO ; AIL1r#A "Air tin r kw k CONN A ' / Tigard City Council Presentation June 21 , 2021 REGIONAL SETTING .- fa ram - \•.� 17lli 6t`;!� Portiond Fanno Creek Trail Facts I t.octxuo "'R i I • Length 15 Miles and the primary f LM North-South non-motorized route, "" Red Electric paralleling 1-5 and Hwy 217 01 ;' FrailConnects 5 Cities 8ease*tar. ► 3 °�»� 15 c t. • Uses per year in Tigard 200,000 Vr{nY Fanno Creek '' :-'��- • Currently 4 missing segments in Trail �4,Os*r'° Tigard ?,Cord • Missing segments present significant .. ....r.... ,,:., siting and construction challenge Tualatin River Greenway Trail sur j :P---- „ i • Fanno Creek Trail Connections { Project will complete 3 of the 4 , ' 1 missing segments and improve one �, �'�� ;;, existing segment PROJECT LOCATION • • •�\" r Y } " ge CWS/cyte at Tigard,."' iEfO, Farre Creek Protect ,° ..e i . RM Avtml! ` ', ` '.« • Tigard d1+fl.,3 i s , , : 10 Library �• .TM' s .� •` • Woodard •" •, 4 Ili: �_ '� ; Park Weard ` to&mita RI a 4 /-. ��Mf,f�.�lt-7r p*i `l.: - , S y.• n -aaaov - , Downtown -. ` t%a11 . .E ....,,,y :•A. ,♦ - •r. i r��• ,Tigard 4* i, '" - V. t ' e• . t' t .....4 � e " t.egensi .a� �- , 4.' - —..1.45,2.......'i,2.'fr.”,i>aq"ri ; SK � • A' ^ ...... ...,.....'41...c%",e..Baa}ak"cn� „" ..- a •.........v..nzy:+ecas.c 11«+ssp-3M .. .at?",• - FANNO CREEK TRAIL CONNECTIONS WOODARD PARK TO GRANT AVE. - _ - . _ .„,„....,, [ult..*.fT1101 / - Y.11.4.4:1 ... • ., - ...NW CRFtV TU.. •. ..... ..... - . ' de.40Pilf it III 1:::41. S. -. .., -rtiStakal..4 / .S'''- ,.,.. -, rtf.P.I.Tt.,revF,t000 ,' rp.O.K.Sitr. . ''..r. : , • 7,.......r,... -1/ 1", . .---- 11',.../ 17... k.4,114, ....S. . . ,.. __.,, .1 N.: i 1,e' • . . j IL \... ..;..... .4-:' ti ,.. ..... .• \o, .....: , .- • - 43...1...G,Tulai, . filajoit 1 ---'4V4'''- ZS,4gfarR4P ill a Ex b Ak . WIT!,A,,,1 ' . 4455 . iflititi ,A um* •- VF.GrtAlt(1C011,4,0erl am -. ^reC.PaSeD LAISTWO FANNO CREEK TRAIL CONNECTIONS ASH AVE TO HALL BLVD . • r �y •Y9 WCtNOt 41.111111111111.111iiiiir- . LYR'. .•jam" .w ,# FRt,NO wax TRAIL ' + •+4r . aROro•:to 1. - ru r r::r+w•i +ti.' }' • + - . 10 t ---RIKTwo IRA[ .. f' Ilk ',Toenail^ �w"ice.Z.4 y ' -A fotSUM NN4N-t -,511STINOTkAn Twu,taAn Vi. ,jk x,,• ,._.. =- - - 9� rf_ 9. ixis-oNs tams..--r '.r aL' __tea. . �� ' , ' ~ ` - � ,�� .� ' �'� _-___. -__- -- -_-_-- _-'-- _ - -�' -_-____ -___- _ _-___- -___-____-_�__ -_ '` ` , ��` � ` / . ` ^ � . � � � � � i ' ! � ` ' ' ' - • IEFIPHG i Y �,+ • • F71S14X:TRAM -'' i _ . ,, k. �- kMMNt MFNt AtiF'A ydy 1 --t...." + ..@.��y,•�_: fitliiRIAVN H --- , - l .....• -f ano- goARDYUEi[ — • ♦'.; r-. 4. ronw7"Nkt(t1U ^r" Y -Ff mNCFMFNI raw A VtAf! ,i•.P YNNANCFMFNT AREA, ' ��^r , , ., - O. ' • •• Q ". :.AA SI:Si47Y A4esaa -. • rNOANCFMYNTOpp _.... t -• .• . ` . . ` 7Roposto FANNO CREEK TRAIL CONNECTIONS 85T" AVENUE TO KI-A-KUTS BRIDGE 4- '';;.•:.: ... . . ". . .. . ' -' Txpi.t+rAD ON,. - GRAtlIt TRAlt -.\ 41011i- 18P OtaFtfttatlli ki....41 --1,.... . - ; -'.$"14 pi .. ... - ‘, .s - -- - ,..., ., , 11,'IP', • <l'-. .. -FANNOCRGErt MAIL .... b - '`• i -4- a. .,,,"" - , .. \\-- •1± ..:...:1,/ 1.10ARD1vM.• . , TING TRAIL — • • ',. ••/.11.,ANO • , GM-911.40 ,. .. . silt swam. • ...a 400 •k t.'rr:a. . -.. I *-- •- • ec' - ...., . it4,.... . - . 414; tliejllk‘ 0 * exisnmo vq0,0atto lik �', . i, _ _ •.... 7,350 (1 .39 miles);• ' \ . /tr. 1 'fi411 • Improve 1800 feet ( fs4 `" // existing trail • Two 14-foot wide bridi. elevated boardwalk over E T wetlands, drainageways, and natural areas F EAT U R ES • m ll trailhead mixingplazas bs a with landscaping • 4 rest area pull offs with seating INIIIIMIIIIIII walls • Native seeding through areas currently under restoration by CWS and Metro / Type ID Land Use Review Process Conditional Use Permit BEFOREYOU Transportation/UtilityR4Corridor in th 5 TH ' A a - !. ^ is required in t q support o. mpliance wit. • • . - ". EVENING? ' A omprehensive Plan endment o•n. upporting nv rorimen al, Social, Economic, and Energy Analysis ( ) are required Path Seements Woodard City Hall Library Durham ZONING DISTRICTS 18.110—Residential Zones X X . 18.130—Industrial Zones X X 18.140—Parks and Recreation Zones X X X APPLICABLE DEVELOPMENT CODE. STANDARDS 18.210—Residential General Provisions X X 18.310—Nonresidential General Provisions 18.420—Landscaping and Screening—Urban X X X X forestry 18.510—Sensitive Lands X X X X 18.520—Urban Forestry/Significant Tree Groves X X . ., 18.630—Durham Advance Wastewater Treatment X J Facility Plan District J "' • 11. 18.710—Land Use Review Procedures(included X y� X above) 18.740—Conditional Uses X X X X 118.740.050 Approval Criteria X X X X 18.910—Improvement Standards X X X X 18.920—Access.Egress&Circulation X X N X ' 118.930—Vision Clearance Areas X X X 1 Om Applicable Zoning Districts and Development Code Sta %, pp � / Conditional Use Permit 4111101101.0401 t h,. • 1;•.4.5 The eastern extent of the Woodard Park to Grant Ave Trail Segment is zoned R4.5 The southern extent of the 85th to Ki-A-Kuts Trail Segment is zoned R4.5 , _ _ I Conditio f - A p . - - riteri . 111 The site characteristics are suitable for the proposed development The operating characteristics are reasonably compatible with surrounding properties The physical characteristics of the development are reasonably compatible with surrounding properties Any adverse impacts or use are mitigated to the extent practicable The development is located to support pedestrian access, comfort, and safety The proposed development complies with all applicable standards and requirement of this title Adequate public facilities are available to serve the proposed use at the time of occupancy Sensitive Lands Review Flood Hazard Areas • No Rise Study Completed and cut and fill balanced • Hydraulic Studies at bridges drove the need for 490 feet of raised pathway and bridge at Woodard Park Wildlife Habitat • Construct at grade when practical to limit ground disturbance • APHIS coordination before and during construction • Allow for animal movement i.e. raised boardwalks at critical crossings, fencing at RR • Condense movement of people for greater predictability for wildlife while leaving large areas of habitat • Restore degraded habitat Sensitive Lands Review Steep Slopes • Grant Ave. addressed with raised boardwalk • At the Library steep slope associated with Fanno Creek Banks Wetlands and Veaetated Corridors • Wetland and Stream Delineation Report Completed • No work is proposed below the OHW line of Fanno Creek • Impacts to 2 Tigard Significant Wetlands is proposed and the project is seeking a comprehensive plan amendment • The project will enhance over 9.6 acres of vegetated corridor and restore over 1 .4 acres of temporary impacts • Wetland Fill for the project was limited to .3 acres and is being mitigated through ..- purchase of high quality wetland mitigation banking credits at the W& M Wetlands WHAT DO THE WETLAND AND VEG. CORRIDOR IMPACTS LOOK LIKE COMPARED TO PROPOSED MITIGATION? -.., \ -` {:!i!i..4 (18,50a atl a 43 ac) Vortnied C.artut r Torapo'*ry Y - Y Enunat,00°(18.5(15 st 1 a.43 ar.1 f I me .s, Yraf od Pam 8fl8r IrTt{teci (To De Y•retrrrtood to Good f a+dltevr➢ /JI t�Ytiwttarrl t``1,...�� E a t.:7 ; �_ ve s..V• 72,'481' /0 05 A�1 e'ayMMl�w!Crs+rvq!x EYNranprm�nnY 1 , 4 Pa•H N Y.x :atwhINNI i {I tania VYeeiuwf rpnrpc wy 1 M rtF V*878 of I 81 AO ':r t ntranre /- Y9M at F a 07 as) Y•Ira+ ( i �• ift0t44141,KAGOMM - ��"` • ' Ri yt �omcNx E-<1.wna+on 7 T.s,nrnx a (517 sf!a 01 8E1 -- e . ...II r wt r qtr �_ `, '"►^ `_,Ari;Nr Gari r' s kfutic4,wY f x a,0410n Eramsctwant mow~ wtiMnL i ; r (52804170/ asps, !, 1. , _ t, -._ l._ / r t� 8rn i.oy ♦w+ar i.rwr+:f..aci.r• y —_- � s. 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'�- Enc*aaeRmery!115963110.27 ac} ___._ SEE '�G E d �. . ,,,,.. lEOharread la Goad Ca�drGonD Existrrg Contour - © It> t�t, \ �� W � _`.� - Floodplain Extavattort -. N. xl'`lV"'\_"t Mill Encroachment(1.877 s1/004 act %,.' I' t X .,„ - . r j • `3E F1Gti`iiE 4C-3 6 t \ } .f -a. :t Tributary'1 1. _ �, (604 s!/0.01 act 1A -_ �� _ Cmtnuoa Beyond! -- t 6.�� f; SIIudY\al w - ,f r __ SEE FIGURE 4C•2 s Tnbutary IjfS ". �\ !` w IN w 0 0eQ,2905... _ . - t' l� \ wu a nrr (QL RCOPY (5.+`93st/013ae} Continues Bayorw Stu *a,F -`''h(�� a \ - \ rnet Water Serves _ ''' Bt, 04.03/0112021 -_'`---• wetianoM 41, t i \ 56tAIt4EN1aLNF 13 `� ./ R4 7-i Ul 25 ir }/ Dersogritr+avIded by KPFF . t -: ._ � • t _ f Ca.O4CONY _ _• ;‘ a. 1. 2aa.rws % �+� a / a f # i`rrN.r WI.rwa.aF+c.. ..4b' r..:5"�: x�. 1+ / i• _ 1f :.... _ovol1; �r .1 j j c,� Q. t,.41 I t 1 / t -r ti y f * i j 1 '� '}i. -.- 111t .-t - I / f ^mom. R •1 / / ..a.a. I .......T..tiR..,.. / m,..raiIi ' I wmr.ww i r J- ...nx.�rr.w..P140.4 amen.�. .# r 2*- 4 r ! „.""."..,.a „... •iCagpRM 0,141 JO rc♦� r } 'A'j .........44414/4 C20414 } r, {r;S �' all fw�.•ca.wr...saa _ ra.......raJga' ra.cz. i71, Imc.w..w"r. ! e...e.E rsa amI.,A) c 1 Conamy ----N`. - ', 41.44 Yr4LTMw.M1..,•- aNIF 1 , .F.Wi'on*.,.aym LA."fYl\.ia. Ta..f.. . I e.. h>2.04.M --'CWrrar a �- 'It.. ' ----.-—- LiComprehensive Plan Amendment 'nd Supporting •liagiiiiimE • ii' - • • . I,. • Energy Analysis ESEE ECONOMIC CONSEQUENCES om alues rise near trails 1 to 6.5% within .5 miles of a trail Tourism Dollars are tied to trail availability 41 rail reduce medical cost by improve health Trails influence the relocation decisions of Employers • Trails impact direct sales in the community shown to increase consumer spending Comprehensive Plan Amendment 4, nv ronmen a ,"'ocia , conomic, a ESEE . 09t - , SOCIAL CONSEQUENCES ' °cal and Regional Consequences Expected if trail gaps are not closed • Trails provide meeting places and foster community pride due to their linear design that influence the entire community • Trails allow opportunity for people of differing socio-economic backgrounds to interact • Trails promote community partnerships such as business and advocacy groups • Trails promote passive recreation for all and offer bird watching, environmental learning and easier access for all • Trails provide mental and physical health benefits • Trails provide low cost commuting options Comprehensive Plan Amendment ‘nd Supporting 40 • • Energy Analysis ESEE ,ontinued ENVIRONMENTAL CONSEQUENC v Conseq. • Loss of .3 acres of wetland function in Tigard (moves to Butler Wetland) • Vegetated corridor function loss is likely mitigated due to enhancement and mitigation planting • Confines human impacts to one location and eliminates extensive and multiple demand trails limits physical area of disturbance • Exposure to Natural Resources and nature experience promotes environmental protection • At Durham 2400 feet of boardwalk will keep hydrologic connection • Significant Air Quality benefits Comprehensive Plan Amendment r_ • _. t , . • t • to, , . • n • nergy na ysis ESEE ENERGY CONSEQUENCE In Portland Metro Area 18% of all trips are made by walking saving an estimated $1 .1 billion per year in gas and auto costs. • Interconnection with other areas city's will increase usage and energy savings • Offers an alternative to traffic congestion. Environmental, Social, Economic, and Energy Analysis (ESEE) Conclusion and Recommendation • LIMITING CONFLICTING USE This analysis concludes that limiting the conflicting use will result in the-: beneficial consequences of the three protection scenarios for the City.' .:_ decision to limit the conflicting use will avoid many of the negative • onsequences attributed to either allowing or prohibiting the conflicting use, but more importantly will allow benefits to be realized. There is a wealth of data available documenting the economic, social, environmental, and energy benefits that can be realized from an efficient trail system. It is true too, that although limiting the conflicting uses will impact wetlands, the relatively low functions and values of the wetlands will be offset by the use of wetland mitigation credits and the extensive enhancement and mitigation of local vegetated corridor. , (,) Z I' 0 MUM 1-111 1 tn LILA !.. )11' ' 11111. 44.4, •.--Ion 4.. lio 'GPM 1 *IL ,. . ... . • - i „- 1 .....r...':,.• :4111.,. r 4 • . ',I' n'..•:. . -a. -° V.' ... • ''''' . 'Ilitillik ' .j;---- ' '•\, ' 'et A',4' . 4, •. .1,.: • . ----.-.. , ,,`i.:, . . trk,,,A ..) .0.1. : . • A ....• , ,. '”: '' ,...4 '.7;,: . Af lk.i . it',•,V 4- Complete ROW Process/Acquisition March 2022 PSE ry�s Finalsob S � April pril 2022 4,0 Bid Project 'to ._ June 2022 Start Construction August 2022 Complete Construction Decembe 2023 AIS-4591 5, Business Meeting One Meeting Date: 06/01/2021 Length (in minutes): 60 Minutes Agenda Title: Legislative Public Hearing: DCA2021-00001 Washington Square Regional Center (WSRC) Subdistrict Modification Prepared For: Lina Smith, Community Development Submitted By: Lina Smith, Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance - Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE The City Council is asked to consider adopting an ordinance to approve a Development Code Amendment to modify the location and size of the Subdistrict that allows Motor Vehicle Sales/Rental in the Washington Square Regional Center (WSRC) Plan District (Chapter 18.670 of the Community Development Code of the City of Tigard), and to add an indoor screening requirement for the storage and servicing of vehicles for Motor Vehicle Sales/Rental uses located west of Highway 217. STAFF RECOMMENDATION /ACTION REQUEST The Planning Commission recommends that City Council approve the proposed Development Code Amendment (DCA2021-00001) by adoption of the attached ordinance,which includes all necessary findings of fact and conclusions. The attached ordinance includes a minor text revision proposed by staff. This minor revision is consistent with the Planning Commission's recommendation and is described in the attached memorandum. This revision was simply overlooked by staff during the Planning Commission hearing after the Commissioners voted to modify the map portion of the proposed amendment. KEY FACTS AND INFORMATION SUMMARY This Development Code Amendment proposal is to: *Modify the location and size of the Subdistrict that allows Motor Vehicle Sales/Rental in the WSRC Plan District, and •Include a new indoor screening requirement for the storage and servicing of vehicles for new and existing Motor Vehicle Sales/Rental uses, except for the existing Jaguar Land Rover dealership located at 10145 SW Washington Square Road. The Tigard Planning Commission held a public hearing on the proposed Development Code Amendment on May 3, 2021, recommending in a 7—0 vote that City Council approve an ordinance adopting the proposed amendments as determined through the public hearing process. The Planning Commission's recommendation is included as Attachment 1. The full set of attachments for Council's consideration is as follows: •Attachment 1: Planning Commission Recommendation *Attachment 2: Proposed Code Amendments •Attachment 3: Proposed Staff Revision to Code Amendments •Attachment 4:Written Public Comments •Attachment 5: Ordinance and Exhibits •Attachment 6: PowerPoint Presentation PROPOSAL DESCRIPTION The proposed Development Code Amendment is to modify the location and size of the Subdistrict that allows Motor Vehicle Sales/Rental in the WSRC Plan District (Chapter 18.670 of the Community Development Code of the City of Tigard).This amendment,if approved,would reduce the overall Subdistrict area by approximately 64 acres,resulting in Motor Vehicle Sales/Rental being allowed on one (1) property east of Highway 217 on Greenburg Road and 10 properties west of Highway 217 on Cascade Avenue.This amendment would also require all vehicle sales and rental inventory and vehicle service areas to be contained inside a building for Motor Vehicle Sales/Rental uses that are located west of Highway 217. All affected properties are located within the WSRC Plan District.They are zoned Mixed-Use Commercial (MUC) on the Tigard Zoning Map and have a land use designation of Mixed-Use Commercial on the Tigard Comprehensive Plan Map. No changes are proposed to the Tigard Zoning Map or Tigard Comprehensive Plan Map. The purpose of the Subdistrict Modification proposal is two-fold: 1.Minimize visual impacts of car dealerships and promote the efficient use of land by requiring new car dealerships to forgo the traditional surface parking lot for vehicle storage and consider other,more modern, approaches to vehicle sales. 2.Allow stand-alone car dealerships to locate in car-oriented areas without potential for pedestrian-oriented development. The proposal would achieve the first purpose by requiring all inventory and service areas to be contained inside a building for Motor Vehicle Sales/Rental uses located west of Highway 217. This is a more permanent, clear and objective standard than the current standard that requires a mixture of opaque screens and evergreen landscaping. The proposal would achieve the second purpose by allowing new stand-alone dealerships to locate near the Highway 217 interchange at Scholls Ferry Road and by substantially reducing the size of the current Subdistrict on the mall property by approximately 64 acres—thereby preserving the mall property for future pedestrian-oriented development. The 10 properties proposed to be added to the Subdistrict are located on the west side of Highway 217 near the interchange at Scholls Ferry Road. This area is hostile to pedestrians, as it is bordered on three sides by high-impact,high-capacity transportation facilities. Scholls Ferry Road abuts the properties to the north. Cascade Avenue and Highway 217 abut the properties to the east.The Portland and Western Railroad line, which operates the TriMet WES commuter line, abuts the properties to the west.The one property proposed to remain in the Subdistrict is located on the east side of Highway 217 adjacent to the interchange at Greenburg Road.This property contains the existing Jaguar Land Rover car dealership. The proposal would prevent more stand-alone dealerships from locating on the Washington Square Mall property.Market and development feasibility analysis performed as part of the ongoing Washington Square Regional Center Update Project shows that the mall property has significant redevelopment potential for dense,walkable, and transit-oriented development. This analysis is supported by conversations with Macerich about their future redevelopment plans and the Sears Redevelopment application approved by the city in July 2020.This same analysis shows that the properties on the other side of Highway 217 do not have the same redevelopment potential.Mixed-use development with offices or housing is not anticipated in this area due to longstanding market conditions,proximity to the Highway 217 interchange,access barriers created by the railroad and the highway, and lack of amenities. The proposal would also advance the city's economic development goals. Car dealerships contribute positively to the local economy by employing people in jobs at a range of salaries, and by employing more people than other sales-oriented businesses.Moreover, car dealerships have a regional customer base and are appropriately located in a regional center.Though car dealerships are car-oriented by nature, and therefore not desirable in all locations,the proposed locations are further from existing residential areas and potential future pedestrian-focused areas than existing locations.The proposed locations will also minimize regional travel on local streets. PROJECT BACKGROUND In 2017,Tigard City Council approved the creation of the current Subdistrict to allow Motor Vehicle Sales/Rental as a stand-alone use on specific properties in the MUC zone within the Washington Square Regional Center Plan District (Ordinance No. 17-16).The application was initiated by Macerich,the owner and operator of the Washington Square Mall, and the Subdistrict was restricted to Macerich-owned properties. The property located at 10145 SW Washington Square Road (Tax Lot ID No. 1S135BA00101)was subsequently redeveloped with the Jaguar Land Rover car dealership. Washington Square Regional Center Update Project (2020—Present): The city is currently working on a long-range planning project to update the 20-year vision for the Washington Square Regional Center. The goal of the project is to learn about community priorities and emerging market trends to facilitate more housing,transportation, and business/employment options that are consistent with Tigard's strategic vision to be a walkable,healthy,and inclusive community. The project team has completed a significant amount of technical analysis and community engagement and will soon be preparing a final set of recommendations for consideration by decision-makers. The Subdistrict Modification proposed by this legislative project is an offshoot from this long-range planning project. It is being proposed separately and at this time to accommodate a stand-alone car dealership that desires to locate west of Highway 217.The Subdistrict Modification is consistent with the technical analysis and community engagement completed by this long-range planning project. Washington Square Regional Center Plan (Adopted in 2000 and currently in effect): The Washington Square Regional Center Plan was adopted by the City of Tigard in 2000.This document provides the vision for future development and growth in the Washington Square area by dividing it into five districts. Each district was envisioned as having its own unique character that serves an easily identifiable function within the community. The current Subdistrict is located within District A (located east of Highway 217 and west of Greenburg Road),which is intended to be the pedestrian-friendly,multimodal,high-density,mixed-use hub for the Washington Square area.The proposed Subdistrict Modification would remove most of District A from the Subdistrict,with the exception of the Jaguar Land Rover property.Alternatively, the Subdistrict Modification would add 10 properties to the Subdistrict that are located in District D (located west of Highway 217 and south of Scholls Ferry Road),which the Washington Square Regional Center Plan envisioned as an employment center with moderate density.The Subdistrict Modification is,therefore,consistent with the current Washington Square Regional Center Plan. Public Comments All written public comments received by staff are included in Attachment 4,and are summarized below: •Comments from Steven Pfeiffer of Perkins Coie LLP,representing Jaguar Land Rover, and staff's response dated April 27,2021 •Comments from Timothy Brunner of Axis Design Group and Jeffrey Weitz of 10500 SW CASCADE LLC (owner of Bob Lanphere's Motorcycles), dated April 26, 2021 •Comments from Michael C. Robinson of Schwabe,Williamson&Wyatt, representing Holman Automotive Group, dated April 29, 2021 All verbal testimony is summarized in Attachment 1. As detailed in Attachment 1, 8 individuals testified at the Planning Commission hearing on May 3, 2021. These individuals included representatives from Bob Lanphere's Motorcycles, Benderson Development (property owner of 10065 SW Cascade Avenue),Holman Automotive Group,Jaguar Land Rover, and Macerich. The representatives from Bob Lanphere's Motorcycles, Benderson Development, Holman Automotive Group, and Jaguar Land Rover supported the proposal, and the representative from Macerich objected to removing the Subdistrict from a majority of the Washington Square Mall property because it would eliminate flexibility for future tenants and prevent stand-alone car dealerships from locating on the mall property in the future. Public Agency Comments Affected agencies and jurisdictions had an opportunity to review and comment on the proposed Development Code Amendment. The Oregon Department of Transportation (ODOT) reviewed the Transportation Planning Rule (1'PR) Analysis, dated March 4, 2021,when the proposed Subdistrict initially contained 5 properties on Cascade Avenue. After the Tigard Planning Commission public hearing on May 3, 2021, 5 additional properties located on Cascade Avenue were added to the proposed Subdistrict, and the TPR Analysis was accordingly updated on May 11, 2021. City staff sent ODOT a copy of the updated TPR Analysis. As of May 18, 2021, updated comments from the agency have not yet been received. Findings and Conclusions The proposal is subject to several city, regional, and state provisions.The findings and conclusions that are included as Exhibit B to Attachment 5 document the proposal's compliance with the following applicable provisions: •Tigard Community Development Code Chapters 18.120, 18.670, 18.710, and 18.790 •Tigard Comprehensive Plan Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development), and 12 (Transportation) •Washington Square Regional Center Plan •Oregon Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development), and 12 (Transportation) •Oregon Transportation Planning Rule (OAR 660-012-0060) OTHER ALTERNATIVES Council could direct staff to modify the proposed Development Code Amendment. Council could also reject all or portions of the proposed Development Code Amendment. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard's Vision:Tigard is an equitable community that is walkable,healthy, and accessible for everyone Tigard Strategic Plan—Strategic Priority: Ensure development and growth support the vision Adopted Plan: Washington Square Regional Center Plan (1999) DATES OF PREVIOUS COUNCIL CONSIDERATION July 2017 —Council approved Ordinance No. 17-16 which created the Subdistrict that allows Motor Vehicle Sales/Service uses in the MUC zone. April 2019— Council approved Resolution No. 19-14 directing staff to submit a Metro grant application for the Washington Square Regional Center Update Project. November 2019 — Council directed the City Manager to sign the Metro IGA accepting the grant award. February 2020—The Local Contract Review Board awarded a contract to ECONorthwest for the Washington Square Regional Center Update Project in the amount of$300,000. August 2020 —Staff briefed Council on the status of the project,including community engagement efforts during COVID. January 2021—Staff briefed Council on the status of the project, including key findings,preliminary recommendations, and a preview of this Subdistrict Modification proposal. Attachments Attachment 1:Planning Commission Recommendation Attachment 2:Proposed Code Amendments Attachment 3:Proposed Staff Revision to Code Amendments Attachment 4:Written Public Comments Attachment 5:Ordinance Attachment 5 Exhibit A.1:Amendments (Underline/Strikethrouah Version Attachment 5 Exhibit A.2:Amendments(Clean Version) Attachment 5 Exhibit B:Findings&Conclusions Attachment 6:Presentation AgendaQuick©2005-2021 Destiny Software Inc.,AS Rights Reserved ATTACHMENT 1 City of Tigard TIGARD Memorandum • To: Honorable Mayor and City Councilors From: Yi-Kang Hu,President,Tigard Planning Commission Re: Washington Square Regional Center (WSRC) Subdistrict Modification (DCA2021-00001) Date: May 12, 2021 On May 3, 2021, the Tigard Planning Commission held a public hearing regarding a Development Code Amendment proposal to: • Modify the location and size of the Subdistrict that allows Motor Vehicle Sales/Rental in the WSRC Plan District, and • Include a new indoor screening requirement for the storage and servicing of vehicles for new and existing Motor Vehicle Sales/Rental uses, except for the existing Jaguar Land Rover dealership. After listening to staffs presentation and public comment, followed by careful deliberations, the Planning Commission made a recommendation to City Council to approve the proposed Development Code Amendment by a unanimous 7 — 0 vote with one minor modification, which is described below under Planning Commission Recommendation. Public Testimony Planning Commission received oral testimony at the hearing from 8 individuals.Testimony is outlined below in the order in which it was received: • Steve Pfeiffer of Perkins Coie LLP, representing Jaguar Land Rover (located at 10145 SW Washington Square Road): Supported the proposal, especially with regard to the indoor screening requirement exception for Jaguar Land Rover. He explained that an indoor screening requirement would make the existing development nonconforming, which would be detrimental to the ongoing financial viability and operational flexibility of this recently established dealership. • Michael Robinson of Schwabe Williamson & Wyatt PC, representing Holman Automotive Group (property owner of 10031 SW Cascade Avenue): Supported the proposal. • Steve Presson of Holman Automotive Group: Supported the proposal and shared images of the type of fully contained, multistory dealership they are contemplating. • John Southgate of John Southgate Consulting, representing Benderson Development (property owner of 10065 SW Cascade Avenue):Supported the proposal,but expressed concern that the indoor screening requirement could be limiting for some tenants. • James Boglioli of Benderson Development: Supported the proposal, but expressed concern that the indoor screening requirement could be limiting for some tenants. • Tim Brunner of Axis Design Group, representing Bob Lanphere's Motorcycles (property owner of 10380 SW Cascade Avenue): Supported the proposal and expressed his client's gratitude for being included in the Subdistrict. He explained that his client's long-established family-owned business is currently a legal nonconforming use. Becoming an outright allowed use would enable them to make appropriate upgrades and investments in the property. • Jacob Knudsen of Macerich (property owner of Washington Square Mall): Objected to removing the Subdistrict from a majority of the Washington Square Mall property because it would eliminate flexibility for future tenants and prevent stand-alone car dealerships from locating on the Mall property in the future. • Robb Walther of Bob Lanphere's Motorcycles: Supported the proposal and echoed Tim Brunner's comments. A majority of the individuals who provided testimony affirmed that the proposed Subdistrict Modification would contribute positively to the local economy by encouraging new businesses that provide higher-skilled, family-wage jobs to start up, expand, or locate in Tigard. These individuals also appreciated that the City recognizes the properties along Cascade Avenue are characteristically different from the properties on the east side of Highway 217 in terms of redevelopment potential for dense,walkable, and transit-oriented development. Planning Commission Recommendation The Planning Commission supports city staff's proposal as presented at the public hearing (Attachments 1 and 2), except the inclusion of 3 properties in the Subdistrict that are located on the Washington Square Mall property and are currently occupied by Wells Fargo (Tax Lot ID Nos. 1S126CB00200, 1S126CB00300, and 1S126CB00400). Several Planning Commissioners stated they saw the merits of allowing car dealerships in areas that lack potential for pedestrian-oriented development. However, concerns were raised that a Motor Vehicle Sales/Rental use would not be appropriate on the Wells Fargo properties because they are located in a future potential walkable area, directly adjacent to an existing apartment building, and within an easy walk to Target and the transit center. Additionally,because Wells Fargo recently signed a 5-year lease for the site, the properties are not expected to redevelop in the immediate future. For these reasons, the Planning Commission, by a 6 — 1 vote, recommends the removal of the Wells Fargo properties from the Subdistrict. Conclusion The Planning Commission is pleased to forward its recommendation on this Development Code Amendment proposal to City Council (Attachments 1 and 2). We believe this proposal will allow stand-alone car dealerships to locate in car-oriented areas that are without the potential for pedestrian-oriented development,minimize visual impacts of car dealerships, and promote the efficient use of land by requiring new car dealerships to forgo the traditional surface parking lot for vehicle storage and consider other,more modern,approaches to vehicle sales. We look forward to your review of this proposal at the public hearing on June 1, 2021. Attachments: Attachment 1: Planning Commission's Text Recommendation (Section 18.670.020.C) Attachment 2: Planning Commission's Map Recommendation (Map 18.670.A) ATTACHMENT 1 Text shown in bold, italic, and underlined is proposed to be added. Text shown in stFikethr-eugh is proposed to be removed. Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability C. Subdistricts. The sub area identifi3d or.1\ . . 2.: e. . - . . . - . . . . .. -- • regukationo. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Map 18.670.A. Motor Vehicle Sales/Rental uses must comply with all applicable development standards.Additionally.Motor Vehicle Sales/Rental uses that are primary uses and west of Hiffhwav 217 or within 500 feet of Scholls Ferry Road must contain all sales and rental inventory and vehicle service areas inside a building stand ahrro use provides all itdeer - - - --- . . --- .-: ng and complies v,ith all other applicable development standards. ATTACHMENT 2 Washington Square Regional Center // /I. l limn .i - I 1 1 I aw w NI us • 1 MAYO STr atYSTALST r" Plan District Boundary Map • �Lr•��► >- 4)"°CI IV . ~ itPlan Districtout Q �� 1� !YEN w' I )® Subdistrict e.4 ^' / m I I I 1 ��!; IIII Tigard City Boundary I �1•r�1 jj�� m Si �'� I =::� f -- , SIV°" > ° �' \ / a I II ■ aOE CT-Fx SON ��•. �// 111 I ells Fargo 2►- io\-� 't$$ +• 4 t«, Pro•erties - �N r a,4/I ,1810 0I• , ``. OgOI� IM o r y rf 1-IIII\\ . PSS i��,-��i Y G��`��° I v > �IR;-MERRY RD" / z /%f s N Irk/1.�� r II f ' w ''' 1." \RC ST BIRCH ST-BIRCH ST I• _ --',`:•.;,,i2:,,, ,,....,_: ►L� Z .-GLUM RD /114.,I '� 1 . �ir .6. ! _ 1 'E �-s- a-CEDARCRESTS-� N � [ T 1� IJP. I I v \'v l m �.,., k_t a I / -LIZZIE CT I s� i RE RD • z \ i ri itie1 ('� yam BORDERS ST-'I:: , ■1 ! 2 writ 1 x FM /III t �,\, �1 \f N `e', LEHMANN ST , CK ST_ � ilwr �u•mud I- I --n-r �I/ I .__ .CORAL • ST EEIT-11•-. _1-�l.! I Q M. 11� CPT: .T •1.i.4r■ `� ,`LANDAU ST_ } _.LOCUST ST: zip � , � 2 �� °G°LOOP / _--�O Q-,. MAPLE CT II `��/�� , - .//' \''' -. OAK WAV,-F.,i _,, l , III11liw ri o �. t � / - - ELENA LN" 1 I v�..e :. )I 1111111 ^j\\ \ j-: / l■ _ NI _ • e I I ■ an , l r- or• ` / E ST_.- �-.. hl tri -_. PIN • 'Alb. 4 o ' i = o�w G �■ �K DtP . �� ''II up .,_G 'i -`� SPRUCE ST Lagikl I- Wk "■� .ice ;IIIUI� Q w GENEVA ST -wWINDSOR PI r ZJ /� •� Q-. I or a I LT, o I > �� , .__� F LUCILLE CT ri F , ---.----z -,t W _ Lt I • o F1? 4 a of `� _• ? 11�■ till _ 1` B in a ■ �, m w I,II_ NORTH upAKOTA'ST— Ii=ir 111ww 11 ,� eCI _c_ J11 J , nII� L -NORTH DAKOTA ST ..Q o _ 111/4 �_ 1°�s" ?P IIS w .11V NE > -MEGAN TER --7-1-- —I) ..� ,: ,E 6,11Qill J: g_.•3-+N •&I� I - + > IC Ltt' i anti ; kt. .... w mle w nGARD Sr ' 11No 4 BPI�: hi m ,'J j < mom �. __Pg IIIII• NII mill isl jI % ITATtAiI A. • MEADOW ST ALYNEI.* ,��I(q�pj} LE II- w, 4,1 m o --- Ern Er I 1 I 1 1 ,117 1 ��I 1.11`4.' 71,F' O Cf SS • 4 �" 2 ? , ..jam/\�-�\\� �:KATHERINE �I�J TI /�� /`ice .n i A ....„--1=,,, �� J ATTACHMENT 2 Text shown in bold, italic, and underlined is proposed to be added. Text shown in sb_l& i eugh is proposed to be removed. The same is true for maps. Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability C. Subdistricts. The sub area identified on Map 18.670.A has different land use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Man 18.670.A. In addition to complvine with all applicable development standards. Motor Vehicle Sales/Rental uses that are primary uses and west ofHiehwav 217 must contain all sales and rental inventory and vehicle service areas inside a building o and aline use provided all outdoor vehicle sales inventory is screened kor view from adjacent public roadways by a mixturo of ops .- . . . • • •: oaprrg and corsic with all othor��~l�raah;c dcvslop nWandards. Map 18.670.A: Washington Square Regional Center Plan District Round-aries Boundary Washington Square Regional Center Plan District MSMan!Mind.13011.043r:. , IIIINS ' .' '..` tr iy` t �'i 1i1 Ce[‘..Monday!. O3. G %oao 1GcGO 200 Goa b" .. N `fir#f5 #1 # i i a II°# #ire .i- �;, 1 C4. a 14. g ` 9,,-.11iut3uhtoin!ti .AP Pl.'s]i n,tn.I Rt.0'1.'1'Sk 5,1, # .trio,. lalx.n;uer.--aI leo.5 a 111114111 oarisr7-11-4 6 311 e 4 1 #; 1 ♦ a 4 *4 1D 40 I go It i s 4 a .h Yr 47. 449 ,- , r 44441 PIS' 5 / N ... ' //:1. - `,)---?-"A L .,d --1Lthji i .:.c•- !A=az IGLE1 Ilk i 1•11 II r .„.., Washington Square Regional Center MAYOST L -j-itYSTAL ST -._ .--' 3- - — •.:(--4.--111 1 ' F 1 Plan District Boundary Map RAP 4 g3-- -W-- ./.. tut --1.------ 8 . p; 0 01--=-fALT)TEZtg Plan District : \ -6 ' ± 1rli 1 a Rilli Subdistrict [ *1464.41iirw-rn i Iiiin hil-_14,10(r. il IMI # IIII Tigard City Boundary • NI Illi i . l li jrpm. .. y ,—Thi . , , 4 1 , so • I t-.- .1 ;0' . .7... IL *$i p 4 A it 4 pit.- .,. 1 n t ,4:01' pll / i __Ti, i .' /-—It 1\ / z ..„\---1-.,„,, Pil ,44‘',•\y dik 44 TAYLORS FERRY RD %(..1111111,111111 S4114' tp-41' —Ilit'i'd ill 11 re 4 \ I V C.]7-5. , , L. t I , 1 _..___-7 E, BIRCH ST-BIRCH ST PP-T-g:c 0-1,Z_J-L-4-1-,_. -1-CEDARCREsTIS7 -4 i . 1 ' ' ,. •_, :._ , , - - ..1 L. r . CLINTON ST ( \ -; a- i•-, ,, .- ,••;_ •-;-.....`,.41 ' I , ; I \IpseRD_____ - ,•:-'/ '',_ _ , __ ,... • • . "---„\-..../ --\.. • 0, I .-•-..11 J . 1 . .c, ST' - . co LEHMANN ST- OC i , •- —L- • • . :// /,'I . 011111111'1 1111111:' . , , , __. CORAL.ST -' --=-_--=•-:•=__74-I- W.' . -- .- . ,- , LA . , L - \ , . ..LOCUST ST /)01.'4;\s -----,,„„,---.. --. , 001,:-.;-•,,,,,,, ,/° 'A 217..,,, I., -- ,.. --, ., _,.,_.d. ,--..,--4,, i i ,. _ „, . __ ... 1 4 ,I.:,......?..y1A1,,,,,,lE .---,, (3%-‘.t‘,r) L a, , ' „ '' 'le , N. • .. ,.... _ ...,...:OAK WAY---.c L 1- •a a ,•e• - \ Y_ - - ..s.,--.- ". '', . 4 i, : A , , -,--- ''',ELENA LNL,,•-i ' • to- ' f - '—II . ,:_,, ,. ---. • - ; , all \ ,-. .___ i \ • 4..- • ,- / tH- '-' -L .,.. ...,'rif: -1 \„, , ._... i -• -. ,_,Li,PINES T ' IL Ili r -- -7,-- 0,, , ';--, /1------...., \,'. -------- --1_ _ ''' • - • -°-----1 1 ryi-TH 0.w grim —, .. • . i,'- 1111 -BLACK 00.4 11-_al .in - . -.,_ - -__'-_SPRuCE ST 'r. 7' hLILIII st. v.. IIP• —1-- •1111(II 0 , ...k. ,_C9 . . s : _ ...-N-_ .._,,.. \ . I, . MIMI 4t. •____ .,,......- •,- 1111h .'d, GENEVA ST, ,r, - WiNDSORRL,K..., --E '10.1 1 ,,,, iron i v ,..._ ,, :._• LUCILI1 CT_ ' n - 14/--- --- -- • '-" "I '^ 11 ` -- -•. 1._; '---. ' ,..< 1---- d,------ ti, iiir. _,,.,„.j re1Y-4 Li ; , I . I :f -------,\NE li . , --,-. 1, ___.) t- at co .... _ _NORTH DAKOTA•ST "" •",..,..,,, ... U•rg MUM II -I I, ">' I 1 7 _._ w NORTH DAKOTA sT-,n '1 ---4 - 2-- - Or '';) SO IIII II -rn ill 28 i t..! 43" 7'11-,;•'•'.. 1=----j 2-4-6 • a 1--- -i -MEGAN TER 4 • .ir —zr w*ati`is 4 -<z_.; .,_....„ •-,---; 1 i_ VW,di 1111 1 All Ir...VM A' • Ili . _. _-J• ---< '3,-- sic IT mere ,._ .-. .--.....--. z .... -. ,..i.- Nisi --a - —TIGARD sT 111 L__Li c-7--:---7-' sco, Ill.-!Ili TIV __., .I ,!! 2 i- 'Ilk -- 1:::„.._ la Lo. 9,- --T Ii• I mask .:,,,,?17, I._I Tr--,GELA Cif II r‘,6 l..37>Itv\,1 49'l mi .1441-4.N *v.A. Aria& ,4 ri-EALYNE\-.,,,-\N.,...... ..... .: 17--" j ' -' 1-7.<-'wlir r; -71Z ilk. -- MEADOW ST 1111 ' (1.11Ithillifzri-i '-,.._-_• 'q'' --'' -- - --.1 g- ... KATHERINE ST— - - ...:,z-- [ z i„— ...N.co••• (Th --/7------ - Irt_it=LI 1--7. _ 4,-Ak-' >,<-.,,,,v ,,,, ,,(.6. ., L , ATTACHMENT 3 !Pi City of Tigard TIcaRI Memorandum • To: Honorable Mayor and City Councilors From: Susan P. Shanks, Senior Planner Lina Smith,Assistant Planner Re: Washington Square Regional Center (WSRC) Subdistrict Modification (DCA2021-00001) Date: May 18, 2021 This memorandum is regarding a Development Code Amendment proposal to: • Modify the location and size of the Subdistrict that allows Motor Vehicle Sales/Rental in the WSRC Plan District, and • Include a new indoor screening requirement for the storage and servicing of vehicles for new and existing Motor Vehicle Sales/Rental uses, except for the existing Jaguar Land Rover dealership. As detailed in the memorandum from Tigard Planning Commission President Yi-Kang Hu (dated May 12, 2021), the Planning Commission made a recommendation to City Council to approve the proposed Development Code Amendment, with a modification to remove 3 properties currently occupied by Wells Fargo (Tax Lot ID Nos. 1S126CB00200, 1S126CB00300, and 1S126CB00400) from the proposed Subdistrict. Revision to Proposed Text Amendment With the Planning Commission's recommendation to remove the Wells Fargo properties from the proposed Subdistrict, city staff recommends removing the reference to properties within 500 feet of Scholls Ferry Road from the proposed text amendment to Section 18.670.020.C. This geographic reference is no longer needed since the Wells Fargo properties are the only properties to which this reference would apply. The text shown below is the version that Planning Commission recommended to City Council for approval: Subdistricts. The sub arca identified on Mu0:S h ed€€erent land Use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Mao 18.67O.A. Motor Vehicle Sales/Rental uses must comply with all applicable development standards.Additionally. Motor Vehicle Sales/Rental uses that are primary uses and west ofHighway 217 or within 500 feet ofScholls Ferry Road must contain all sales and rental inventory and vehicle service areas inside a buildings ) ull cmtde✓ rr1ucl, sales inventory is screened from view from adjacent rfaMc ivx dwuyu by&mixture of vpuqu;; screens and evergreen landu✓..tong with dl c they &474-22✓U:, development ttuY.. &m�G. The text shown below is the revised version that city staff recommends to City Council for approval. The specific changes are highlighted in yellow: Subdistricts. urea identified on Map 18.670.A has different land use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Map 18.67O.A. In addition to complying with all applicable development standards, Motor Vehicle Sales/Rental uses that are primary uses and west of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building.stand alone use provided all outds.rr achi ;lc .les inventory is screened fAiir Feu Erni. u�rr ecnt public roadways kr u :sir . - . ::; . --- . -: _ --- . -: . : - ' zis with all other a iict e development standards. The revised text is consistent with the Planning Commission's recommendation to apply the new indoor screening requirement to all properties on the west side of Highway 217, and not to the existing Jaguar Land Rover development (Tax Lot ID No. 1S135BA00101) on the east side of Highway 217. Lina Smith ATTACHMENT 4 From: Susan Shanks Sent: Tuesday,April 27, 2021 8:25 AM To: Pfeiffer, Steven L. (Perkins Coie); Lina Smith;Shelby Rihala;Tom McGuire Cc: Dan Muggli;Greg Rasmussen; Mikkel Nieto Subject: RE:Washington Square Regional Center Subdistrict modification/DCA2021-00001 - Jaguar Land Rover text modification Hi Steve, Glad you're okay with the geographic reference rather than the date.We think it will be easier to implement going forward.We don't think the additional language is necessary because this code section is within the WA Square Plan District chapter,which contains a map showing the plan district and subdistrict boundaries. Thanks again, Susan P.Shanks I Senior Planner City of Tigard I Community Development Department 13125 SW Hall Blvd I Tigard, Oregon 197223 503-718-2454 From: Pfeiffer,Steven L. (Perkins Coie)<SPfeiffer@perkinscoie.com> Sent: Monday,April 26,2021 6:24 PM To:Susan Shanks<SusanS@tigard-or.gov>; Lina Smith <LinaCS@tigard-or.gov>;Shelby Rihala <shelbyr@tigard-or.gov>; Tom McGuire<TomM@tigard-or.gov> Cc: Dan Muggli <danm@jlrportland.com>; Greg Rasmussen <gregr@jlrportland.com>; Mikkel Nieto <MikkelN@jlrportland.com> Subject: RE:Washington Square Regional Center Subdistrict modification/DCA2021-00 -Jaguar Land Rover text modification Caution!This message was sent from outside your organization. Allow sender I Block sender Susan, We're fine with the proposed revision to our suggested language, which we recognize will provide a more objective standard for plan check review. To this point, additional clarity could be provided via a direct refence to the specific segment of Highway 217 traversing the Subdistrict as the sole determinant of east vs. west locations. This could be accomplished with the limited additional wording set forth in blue below: 18.670.020 Applicability C. Subdistrict. The riab -. •. • ' . .. f.A •. - - . . - ::"•regillations, In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Map 18.670.A. Motor Vehicle Sales/Rental uses must comply with all applicable development standards. and Additionally, Motor Vehicle Sales/Rental uses that are primary uses and west of the seement ofHiehway 217 within the Subdistrict must contain all sales and rental inventory and vehicle service areas inside a building: Stand alone use provided all outdo vehicle sales inventory is screened from view fronsfacent public roadways—by a mi.tNre of opaque screen a xl cvergre4n larloozyrng and complies with all other applicable development standards. Hopefully, you'll agree that this clarifying language is consistent with the intent of the draft provision. Steve Steven Pfeiffer I Perkins Coie LLP PARTNER 1"20 N.'!.Couch-,treet Tenth Floor Fortlrnd,CR:'7209-412 D.+1.003.727.22F1 F.+1.502..246.'12:1 E.SPfeifferaDerkinscoie.com From:Susan Shanks<SusanS@tigard-or.gov> Sent: Monday,April 26,2021 1:16 PM To: Pfeiffer, Steven L. (POR)<SPfeiffer@perkinscoie.com>; Lina Smith<LinaCS@tigard-or.gov>; Shelby Rihala <shelbyr@tigard-or.gov>;Tom McGuire<TomM@tigard-or.gov> Cc: Dan Muggli <danm@ilrportland.com>; Greg Rasmussen <gregr@ilrportland.com>; Mikkel Nieto <MikkelN@ilraortland.com> Subject: RE: Washington Square Regional Center Subdistrict modification/DCA2021-000 -Jaguar Land Rover text modification Hi Steve, I discussed this with our City Attorney and our preference is for the following language. Please let me know if this meets with your approval. 18.670.020 Applicabili C. Subdistricts. Tho alb area identified on Map 18.670.A has different land use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Map 18.670.A. Motor Vehicle Sales/Rental uses must comply with all applicable development standards. and Additionally, Motor Vehicle Sales/Rental uses that are primary uses and west of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building. . . -: . : - . - . . .. ... vehicle aalzaz inventory is screened from view from adjacent p'ablic roadways by a xii kirc of opaque screens and evergreen.landvaap'ng arid complies with all otksr app;i,,. : • :- - ::••- • . .. . . Thanks, Susan P.Shanks I Senior Planner City of Tigard I Community Development Department 13125 SW Hall Blvd I Tigard, Oregon 197223 503-718-2454 From: Pfeiffer,Steven L. (Perkins Coie)<SPfeiffer@p erkinscoie.com> Sent: Friday,April 23, 2021 3:22 PM To:Susan Shanks<SusanS@tigard-or.gov>; Lina Smith <LinaCS@tigard-or.gov>;Shelby Rihala <shelbvr@tigard-or.gov> Cc: Dan Muggli<danm@ilrportland.com>;Greg Rasmussen <gregr@ilroortland.com>; Mikkel Nieto <MikkelN@ilreortland.com> Subject:Washington Square Regional Center Subdistrict modification/DCA2021-00001-Jaguar Land Rover text modification 2 Susan, Thanks again for the very helpful and constructive conversation regarding the above- referenced code amendment proposal. Per our discussion, Jaguar Land Rover Portland has strong concerns regarding the current proposed language prohibiting exterior inventory and service activities at its recently establish dealership facility within the Plan District, and particularly since the project received Site Development Review approval for such activities in late 2018 and was constructed in reliance upon such approval. If adopted as currently drafted, the proposed modification of Chapter 18.670.020(C) would result in these recently authorized activities being relegated to non-conforming development status to the detriment of the on-going financial viability and operational flexibility of the established dealership. Unfortunately, we do not see that the provisions of 18.670.050 establishing certain re-existing use rights resolve our concerns since, among other reasons, these provisions are applicable only to uses in existence as of"....the effective date of the Plan District " and do not apply to use and activities established subsequent to this date. This said, we appreciate the policy objectives you identified in support of the amendment proposal as a whole and understand both the motivation for and equity of applying this particular prohibition to new vehicle sales /rental facilities established in the Plan District. However, we simply cannot support the applicability of this new operational constraint on the Jaguar Land Rover facility, which was approved recently with these same activities as an integral element of the site plan subject to established visual mitigation requirements. For the reasons discussed, we request your consideration of the attached modification to the proposed language in Chapter 18.670.020(C)to ensure that the aspect of the proposed code language prohibiting exterior vehicular inventory and service activities is applicable only to such uses established after the effective date of adoption. 18.670.020 Applicabili C. Subdistricts. The sa- oroa identified on IVk. 1°.670.A has different lard use and development r-eg+ilatiens, In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Map 18.670.A. Motor Vehicle Sales/Rental uses must comply with all applicable development standards and such uses which were not lawfully established in the subdistrict as of June , 2021 shall contain all sales and rental inventory and vehicle service areas inside a building. Stand alone use provided all outdoor vehicle sales inventory is screened from view from ad;accnt public roadways by a mixture of opaque screens and evergreen landscaping and ocrosp ;, ' • . . •- . .. ' . . • . .. •- • . • .. . . I've attached a red-lined Word version of our proposed language as well. Under this approach, we acknowledge that we remain subject to on-going compliance with our current SDR approval, and we also note our understanding that our facility will be the only such use which would not be subject to the proposed new development standard. Thank you for your consideration of our requested revision. Further, we're happy to discuss our proposed language at your convenience including potential revisions which may better meet the City's needs as well as ours.. Steve Steven Pfeiffer I Perkins Coie LLP PARTNER 3 1120 N W.Couch Street Tenth Floor Portland,OR 97209.4128 D.=1.513.727.2261 F.-1.5rr.34f.2261 E.SPfeifferfa oerkinscoie.com NOTICE:This communication may contain privileged or other confidential information.If you have received it in error,please advise the sender by reply email and immediately delete the mr• sage:and any attachments without copying or disclosing the contents.Thank you. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." NOTICE:This communication may contain privileged or other confidential information.If you have received it in error,please advise the sender by reply email ar.d immediately delete the message and any attachments without copying or disclosing the contents.Thank you. 4 Text shown in bold, italic, and underlined is proposed to be added. Text shown in strikethrough is proposed to be removed. Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability C. Subdistricts. Tho entio ar a identified on Map 18.670.A has different land use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone,Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Map 18.670.A.Motor Vehicle Sales/Rental uses must comply with all applicable development standards and such uses which were not lawfully established in the subdistrict as of June _ 2021 shall contain all sales and rental inventory and vehicle service areas inside a building. Staid alae uie provided all outdoor vehicle sales inventory is screened from view from adjacent public roadways by a r iiturc of opaque screens and evergreen izndoating and 33rn os with all other applicable development s atiardt. Lina Smith From: Susan Shanks Sent: Wednesday,April 28, 2021 9:56 AM To: Lina Smith Subject: FW: Lanphere -Subdistrict modification -WSRC Planning Commission Hearing Attachments: Scanned from a Xerox Multifunction Printer.pdf From:Tim Brunner<TimB@axisdesigngroup.com> Sent: Monday,April 26, 2021.4:11 PM To: Susan Shanks<SusanS@tigard-or.gov> Subject: Lanphere-Subdistrict modification -WSRC Planning Commission Hearing Warning!This message was sent from outside your organization and we are unable to Allow sender I Block sender k verify the sender. Hi Susan Attached is the letter I requested with regards to the"Office Depot" property. Also currently the Motorcycle Dealership has 50 employees. With the addition of the 2 new brands,there will be up to 20 new employees. With the approval of the Sub District modification on our properties,this will allow my Client to expand and hire these individual. I would also like to note thse are family wage jobs that will significantly help the families and other support businesses in our community. Thanks, TIMOTHYBRUNNER, AIA I PRINCIPAL ARCHITECT DIRECT:971.533.8734 I OFFICE:503.284.0988 I FAX:503.546.9276 11104 S.E.STARK STREET,PORTLAND,OR 97216 EMAIL:Timbaaxisdesianoroup.com WEBSITE:www.axisdesianaroup.com • DESIGNGROUP sr,v, i+fi<F.ifl#.CTUHE&t,"s'GESiERitNCr.i DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may he disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 NORTH R I M April 26, 2021 City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard,OR 97223 Re: Washington Square Regional Center(WSRC) Subdistrict Modification(Case No. DCA2021-00001) To whom it may concern: I am the Managing Member of 10500 SW CASCADE LLC, the owner of the property located at 10500-10520 SW Cascade Ave., Tigard(R273359 and R273368). With regards to the Development Code Amendment proposal for MUC Zoning code 18.670.020., which would modify the location and size of the Subdistrict that allows Motor Vehicle Sales/Rental in the WSRC Plan District: On behalf of 10500 SW CASCADE LLC, I hereby give notice of our request for our property to be included in the proposal. Timothy Brunner,of AXIS Design Group, has my permission to advocate for our properties on my behalf, regarding this issue, at the public hearing. Please feel free to reach out to me at the phone number below if anything is needed from the ownership entity at this time. SincereTy;, t _ tt Jeffry Weitz Managing Member of 10500 SW CASCADE LLC JW:ch CC: Timothy Brunner Schwabe WILLIAMSON &WYATT April 29, 2021 Michael C.Robinson Admitted in Oregon T:503-796-3756 C: 503-407-2578 mrobinson@schwabe.com VIA E-MAIL Mr. Yi-Kang Hu, President City of Tigard Planning Commission Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 RE: City of Tigard File No. DCA 2021-00001; City-Initiated Legislative Amendment (the"Amendment")to Modify the Washington Square Regional Subdistrict (the "WSRPD"); Letter in Support of the Amendment by Holman Automotive Group Dear President Hu and Planning Commission Members: This office represents Holman Automotive Group ("Holman"). Holman owns the former Orchard Supply and Hardware ("OSH")property located at 10031 SW Cascade Boulevard, south of its intersection with Scholls Ferry Road, one of the five properties proposed to be added to the Subdistrict. This letter explains why Holman supports the Amendment and requests that the Tigard Planning Commission(the"Planning Commission")recommend approval of the Amendment to the Tigard City Council (the "City Council"). Holman appreciates the City's initiation of this Amendment. Holman supports the Amendment to the WSRPD Subdistrict to expand the Subdistrict to include properties along SW Cascade Boulevard, including Holman's property. Holman has reviewed the Amendment and has determined that it can satisfy all of the requirements of the WSRPD Subdistrict, including locating the vehicle sales inventory and service vehicles inside a building. As Mr. Steve Presson of Holman will explain to the Planning Commission, if the Amendment is approved, Holman will construct a very attractive dealership for its BMW franchise. The dealership will be a very strong entry to SW Cascade Boulevard and will provide a substantial employment base and annual payroll, in addition to new property taxes to the City,the school district and other governmental entities. The Amendment is consistent with local and State requirements that additional vehicle trips resulting from the Amendment not adversely affect surrounding street intersections. As of the date of this letter, the City has not received any testimony opposing the Amendment. Pacwest Center I 1211 SW 5th I Suite 1900 I Portland,OR I 97204 I M 503-222-9981 I F 503-796-2900 I schwabe.com Mr. Yi-Kang Hu, President April 29, 2021 Page 2 The Amendment provides a new use category on SW Cascade Boulevard that will provide new jobs, new improvements and will provide a future redevelopment opportunity for vacant or underutilized properties. Mr. Presson and Mr. Chris Clemow, Holman's traffic engineer who prepared the traffic study analyzing the Amendment's traffic impacts, and I will be present at the public hearing to answer any questions that the Planning Commission may have regarding Holman's plans for its property. Very truly yours, 114 Cf� Michael C. Robinson MCR:jmhi cc: Mr. Tom McGuire (via email) Ms. Lina Smith (via email) Ms. Susan Shanks (via email) Ms. Shelby Rihala (via email) Mr. Steve Presson (via email) Mr. Garrett Stephenson (via email) Mr. Chris Clemow (via email) PDX\136910\257387\MCR\30749861.1 schwabe.com CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21- AN ORDINANCE ADOPTING AMENDMENTS TO TIGARD MUNICIPAL CODE TITLE 18 CHAPTER 18.670 (WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT) TO MODIFY THE LOCATION AND SIZE OF THE SUBDISTRICT THAT ALLOWS MOTOR VEHICLE SALES/RENTAL USES AND TO ADD AN INDOOR SCREENING REQUIREMENT FOR VEHICLE STORAGE AND SERVICING FOR MOTOR VEHICLE SALES/RENTAL USES LOCATED WEST OF HIGHWAY 217. (Land Use File: DCA2021-00001) WHEREAS, the City of Tigard is currently working on a long-range planning project (Project) to update the land use and transportation vision for the Washington Square Regional Center;and WHEREAS, the goal of the Project is to learn about community priorities and emerging market trends to facilitate more housing,transportation,business,and job options for all members of the community;and WHEREAS, the Project has completed a significant amount of technical analysis and community engagement and will soon be preparing a final set of recommendations for consideration by City Council;and WHEREAS, this development code amendment is an offshoot of the Project and is supported by the technical analysis and community engagement completed by the Project. It is being proposed separately from the Project to accommodate the timeline of a Motor Vehicle Sales/Rental use that desires to locate west of Highway 217; and WHEREAS, this development code amendment allows Motor Vehicle Sales/Rental uses to locate in car- oriented areas without potential for pedestrian-oriented development;and WHEREAS, this development code amendment minimizes visual impacts of Motor Vehicle Sales/Rental uses and promotes the efficient use of land by requiring new Motor Vehicle Sales/Rental uses to forgo the traditional surface parking lot for vehicle storage and consider other,more modern,approaches to vehicle sales; and WHEREAS on May 3, 2021, the Tigard Planning Commission held a public hearing, which was noticed in accordance with city standards, and recommended approval of this development code amendment with a vote in unanimous support; and WHEREAS, on June 1, 2021, the Tigard City Council held a public hearing, which was noticed in accordance with city standards,to consider the Planning Commission's recommendation, hear public testimony, apply applicable decision-making criteria, and consider the findings of fact and conclusions in support of the adoption of this development code amendment. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 21- Page 1 SECTION 1: The underline and strikeout amendments to Tigard Municipal Code Title 18 Chapter 18.670 that are attached as Exhibit A.1 are hereby adopted. Exhibit A.2 is a clean version of the amendments and is provided for reference only. SECTION 2: The findings and conclusions that are attached as Exhibit B are hereby adopted as the basis in support of this Ordinance. SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2021. Carol A.Krager,City Recorder APPROVED: By Tigard City Council this day of ,2021. Jason B.Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 21- Page 2 EXHIBIT A.1 Text shown in bold, italic, and underlined is proposed to be added. Text shown in striketh ough is proposed to be removed. The same is true for maps. Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability C. Subdistricts. The sub area identified on Map 18.670.A'.wifferent land use and development regulations, In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Map 18.670.A. In addition to complying with all applicable development standards, Motor Vehicle Sales/Rental uses that are primary uses and west of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building. stand-alone-use provided all outdoor vehicle sales inventory is screened from view from giant public roadways-by a -- . • . -- . . . . . • . . - ' - . �1��1ioablc development da ds: Map 18.670.A: Washington Square Regional Center Plan District dies Boundary, 1 iir 'Washington Square Regional II V Center Plan District I"'3mlt Opi%tlIL't Ii+titi.+Lbry le = Ttpard(km Bk lull&IN 02 0 CC 000 100 000 200 ON ir Ir. ..... ap i'U ia 4 1µ r ■, t,yTeau cTt s r s • is R is r It4'4i at it tom, Km!)stria 4f uubrots 4, 44 i ft milt,upon anir:tiA1.,n� i A'''. t Ei . 431) .1wA si i, 4. Si 4 . ... s .•.}` i 0 •. lo s Ei LT:4 ' - i i lb - Zr telt+SI [ / N H , ' 1 \ . ! /-4 J LI I III I I- '1 ¢izz ac"/cm CT linI . um Q_ _ Washington Square Regional Center �'�' �, .. l..CI=�rrsrALSr r MAYO ST a Plan District Boundary Map •■�. E ! a G,i.=� L Plan District mm ALDEN 57 m' 71 r; ; QMill.�_Pl,.�� P. ® Subdistrict r�� m m7 NI Tigard City Boundary num al ml nM-Id 1 • • - L ,6----,11....1 ` 4 P9 •• -f Jie.OE TZ~ cS• ��j�1 )./) . o Jw• tj 1,7-4,/ Oe, • 0.'l'� 4 ? >_ :*4 min TAYLORS FERRY RD U E111 w PL rn 3 BIRCH ST- i— U I I i BIRCH ST - I _�l_._�. -- y,0 NST_ ---� I r"BLUM RD I rc r 4 Irl I-- ily= CEDARCREST ST Pi \ :i\__J .(it �,-,R `"\ - fa y,..1„, CSN oNST a te_N. ''",II' N. O 9 ` y0 BORDERS ST -� ;ill l_ . L1 t i . /, '''*4, ' Ill_ 1 \ '. �,� a .... r-r r. LEHMANN ST /-� i; CK ST� \ \ ..}.. / ` iL i , - r Jitt 1 1:. +.J LANDAU ST� \� _ �, /� \ \ LOCUST STS _ • • 1 t —�- ,1 �� 217, � �\ `�/' T - 0 a r/ ,i< t I�_, _ _l _ OODL Op/ `+ .. 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KATHERINE ST' I V a_ i J �I �1 P. z - i EXHIBIT A.2 Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability C. Subdistrict. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670.A. In addition to complying with all applicable development standards, Motor Vehicle Sales/Rental uses that are primary uses and west of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building. Map 18.670.A: Washington Square Regional Center Plan District Boundary )�� i S I I 1 d.i.11 6 -' L' . ILLQ i w cW9GLEGT ° • �.�ILk' 1Q ' Washington Square Regional Center ._ moll r :G,MAYOST QiSTALS Tri Plan District Boundary Map ►r+,:'� QNIJI 1114/ ill Plan District <ALDEN Si -o % > a_ U1§. .0 ® Subdistrict sV4m- g-11-11i ''' Tigard City Boundary �'' U 1I �w ilr w � ��i�§�oECTONr 11",,11T�SI «.' f,,--„:"-• m . Boa°� A• i —!I aAih- ill _ 4.14 IIII• i.P. fII -;CP-'- 0P- I < *.. z -- _....... ,-*•san TAYLORSFERRY RD_I r G0�\� Iw� vOi w ` a—L_ gill & I I w �` I -- .- WI BIRCH STtBIR F,--- I CH ST EIZ___' I I BLUM RD r- -,-_. \ C(,a l �l -- n . t■� CEDARC sT ST ¢ I I - /1� c�L. E ARE! V .3,- 111 1',�L-._- �T I (^�d I >v.-�". i.I .`.- I C _ -1' / ` J , ..- _� - - .. BORDERS ST. --;:y;, - -_ \..."„) � �I l�- w.. ' �-✓� \ T'I EHMANN ST '1f�OCKI sT l /� Q• t 1 a-jr :li l ,i•I L // j_ I - ■ -r I _I-_moi _ J1., til .._ _ Ii :CORAL ST . _ j< if fe,..�, �� - - .},I_ $ _14LANDAU ST / I Gni I Q CJi l�� I�"`'- _ --LOCUST S7 217 r��f '�� ,�-___—_3 > � E �DLpO�A�,. ., , C /r\ __.3G0 g MAPLEC w I S i "; 1.--- -;-,i - OAK WAytt$__. ".---y--------- 1 II BilIlkiedril '�� ELENA LN I m nig M no 0 ,-- 1 !I -- <. -W N 1 �1 .OAKS!_�-I---1�� -ism --7 _ ��. ` - ._, �(o;� I I _ii- r �� _ciPINE ��7 fes{ o�w "�� _� - �`LI 11-- o .,:BLACK D1P�.oLfill.. 0 `'ID '_-,-__�,,,,,-.. �� \ 7 ��I SPRUCE sr_ 1- 7---- ��■■ ��rrrr 1 (Tr 11, /■ ., \ �_..Q_ �Id., ,III IMO" 1 if li, Ill GENEVA STS o ,- WINDSOR PL iii r O) all 1111 1 , i1,+4 .----� y J- w l r LUCILLE CT ��/ .. � O 11 _�y _` a1�1 c? t ,___,,_$,:__ i NORTH DAKOTA-ST I^ �- - 4 IFI 1I1■ I _. -1 - LI_ I w � f �. NORTH DAKOTA ST--`- -I I imill1111111 LiCs:Ji m-15 -MEGAN TER � �`-•r - 4.T 1-1 ,A. , ` 7-7'111: F e. 1-ii-111 ■ i1 e I mi .. - g meg, j Q�wok a J....... A 'Imii a_ . 4_ �j J IGARD S7 `' v� BCA 1. lint 1I PE , .,_ - i_ s !I = .�CT,� ��\f�\5 LN J�J _ C, ' - r 9•P p_...._‘_1\ _.._‘ ,,e m •IFi —TP..{GELA CT \.1-!,..,-, '•'a`�• i F �,.1i� �' - -1 Q y / �, m *MEADOW S\h,ALYNE�� 1�� m`._¢ ' �_.\\SS '(ci -'KATHERINE ST I4 II 4 -7 I �`�,tac10, Lk+'o. ��I_� ' n - __ /1�� ;Y./% _I_I� • ) / \ EXHIBIT B FINDINGS AND CONCLUSIONS This document contains all applicable city, regional, and state provisions that apply to the proposed Development Code Amendment for the Washington Square Regional Center Subdistrict Modification (Case No. DCA2021-00001), and findings detailing how each provision is met. Provisions that are not included are not considered applicable. LOCATIONS: Current Subdistrict: 9185 SW Hall Boulevard, and 9200- 10250 SW Washington Square Road; Tax Lot ID Nos. 1S1260000300, 1S1260000301, 1S1260000400, 1S126CA00500, 1S126CA00600, 1S126CA00700, 1S126CA00800, 1S126CB00200, 1S126CB00300, 1S126CB00400, 1S126CC00100, 1S126CD00200, 1S126CD00300, 1S135BA00100, 1S135BA00101, 1S135BA00102, 1S135BA01802, 1S135BA03500, and 1S135BA03600. Proposed Subdistrict: 9730-10500 SW Cascade Avenue, 10585 SW Greenburg Road,and 10145 SW Washington Square Road; Tax Lot ID Nos. 1S126CC00200, 1S127DD00100, 1S127DD01200, 1S135BA00101, 1S135BA02800, 1S135BA03300, 1S135BA03302, 1S135BA03303, 1S135BB00100, 1S135BB00300,and 1S135BB00500. TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.790 Text and Map Amendments 18.790.020.A Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed Development Code Amendment is being processed through a Legislative procedure, as provided in CDC Section 18.710.110, using the approval criteria outlined in CDC Section 18.790.020. Additionally, CDC Section 18.710.110 requires two public hearings:one before Planning Commission(held May 3,2021),and one before City Council (scheduled for June 1, 2021). Following a recommendation from Planning Commission, City Council will make a decision on this application. 18.790.020.B Approval considerations. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements.They may,but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING: The following city, regional,and state provisions apply to thisproposed Development Code Amendment: Tigard Community Development Code Chapters 18.120, 18.670, 18.710, and 18.790;Tigard Comprehensive Plan Goals 1, 2, 9, and 12; Washington Square Regional Findings and Conclusions(DCA2021-00001) PAGE 1 OF 18 Center Plan; Oregon Statewide Planning Goals 1, 2, 9, and 12; and Oregon Transportation Planning Rude(OAR 660-012-0060). As detailed in the findings below, the applicable city, regional, and state provisions are met for this proposed Development Code Amendment. Chapter 18.120 Commercial Zones 18.120.010 Purpose A. Ensuring that a full range of goods and services are available throughout the city so that residents can fulfill all or most of their needs within easy driving distance and,ideally,within easy walking and biking distance of their homes; B. Ensuring that a full range of economic activities and job opportunities are available throughout the city;and C. Minimizing the potential adverse impacts of commercial uses on residential uses by carefully locating and selecting the types of uses allowed in each commercial zone. FINDING: The Subdistrict Modification continues to allow stand-alone and accessory Motor Vehicle Sales/Rental in the MUC zone to ensure that a full range of economic activities and job opportunities are available in the IVSRC Plan District. It also consolidates potential stand- alone Motor Vehicle Sales/Rental uses into a portion of the Plan District that is unlikely to develop for residential uses. There are no existing residential uses within the proposed Subdistrict, and all existing nearby residential uses are separated from the subject properties by a rail line, commercial development, and the Fanno Creek greenway. The Subdistrict Modification is consistent with this section. 18.120.020.H MUC: Mixed-Use Commercial zone. The MUC zone includes land around the Washington Square Mall and land immediately west of Highway 217.Primary uses allowed include office buildings,retail, and service uses. Also allowed are mixed- ; use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under,behind,or to the sides of buildings. FINDING: Motor Vehicle Sales/Rental uses, which are a type of retail use, are currently allowed in the MUC zone as an accessory use and as a primary use within the existing Subdistrict. The Subdistrict Modification reduces the overall area in which Motor Vehicle Sales/Rental uses can establish as a primary use, while consolidating areas where they are allowed into a portion of the Plan District that is separated from the rest of the Plan District by Highway 217. The Subdistrict Mod f cation is consistent with this section. 18.120.030 Land Use Standards A. General provisions.A list of allowed,restricted, conditional, and prohibited uses in commercial zones is provided in Table 18.120.1, except for uses in the TMU zone,which are provided in Chapter 18.660,Tigard Triangle Plan District. If a use category is not listed, see Section 18.60.030. Findings and Conclusions(DCA2021-00001) PAGE 2 OF 18 2. Restricted (R). Uses that are allowed provided they are in compliance with special requirements, exceptions,or restrictions. Table 18.120.1 Commercial Zone Use Standards I I Use Categories MUC I Motor Vehicle Sales/Rental R [14] I [14] Uses allowed only as accessory uses to allowed uses where contained in the same structure and less than the gross floor area of the allowed use, except for Motor Vehicle Sales/Rental which is allowed as a primary use in specific locations as provided in Subsection 18.670.020.C. FINDING: No changes to the above section are proposed as part of this Development Code Amendment.According/y, the proposal will remain consistent with this section. Chapter 18.670 Washington Square Regional Center Plan District 18.670.010.A.1 The purpose of this chapter is to implement the vision, concepts, and principles contained in the Washington Square Regional Center Plan, and the recommendations contained in the Phase II Implementation Plan Summary Report prepared by a task force appointed by the City of Tigard. FINDING: The proposed Subdistrict Modification concerns properties within the Plan District and recommends changes to the Plan District in conformance with all Plan District policies. The Subdistrict Modification is consistent with this section. 18.670.010.A.2 Metro's Regional Urban Growth Management Functional Plan target growth capacity for the Washington Square regional center will be met by allowing mixed- use development within the regional center at densities appropriate for an urban center. FINDING: Mixed-use developments are permitted within the MUC zone, which implements the Plan District. The proposed Subdistrict Modification would not reduce the opportunities for mixed-use development within MUC-zoned properties because it serves to increase, not decrease, the permitted uses within the Subdistrict. The Subdistrict Modification is consistent with this section. 18.670.010.A.3 A mixed-use regional center will contain a variety of districts that vary in scale, predominant use,and character.Distinct districts,connected to each other and to the rest of the region by a multimodal transportation system,will provide a range of working,living,and shopping opportunities. FINDING: The proposed modification to the Subdistrict is within the Plan District. The Subdistrict Modification consolidates Motor Vehicle Sales/Rental uses within an area almost completely surrounded by high-capacity transportation corridors, which separates the area from the rest of the Plan District. At the same time, these high-capacity transportation corridors are Findings and Conclusions(DCA2021-00001) PAGE 3 OF 18 either off limits or not comfortable forpedestrians or cyclists, and there is a lack of transit service within the proposed Subdistrict. This makes the proposed Subdistrict much more oriented to cars(and car-oriented uses) than other modes of travel, distinguishing it from the portion of the Plan District east of Highway 217, which will continue to be served by multiple bus lines, a more connected multimodal transportation system, and a range of living working and shopping opportunities. The Subdistrict Modification is consistent with this section. 18.670.010.A.4 Improved multimodal transportation links, higher densities,variety of land uses, and enhanced environmental qualities will all contribute to create a desirable, livable community in the face of dramatic population and employment growth FINDING: The proposed Subdistrict Modification is largely a response to a demonstrated market need and the lack of feasible multimodal transportation links between the proposed Subdistrict area and the rest of the Plan District. Additionally, the proposed Subdistrict Modification would not reduce the opportunities for development within MUC- oned properties because it serves to increase, not decrease, the permitted uses within the Subdistrict. The Subdistrict Modification is consistent with this section. 18.670.010.A.5 New mixed-use zoning districts, along with existing residential zoning districts in established areas,are appropriate for the regional center FINDING: The proposed Subdistrict Modf cation concerns properties that are already zoned MUC and will continue to allow for a wide variety of mixed-use development types. The Subdistrict Modification is consistent with this section. 18.670.020.0 Subdistricts.The sub-area identified on Map 18.670.A has different land use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone,Motor Vehicle Sales/Rental may be allowed as a stand-alone use provided all outdoor vehicle sales inventory is screened from view from adjacent public roadways by a mixture of opaque screens and evergreen landscaping and complies with all other applicable development standards. FINDING: The proposed Development Code Amendment modifies CDC Map 18.670.A by reducing the overall Subdistrict area by 64.32 acres, resulting in Motor Vehicle Sales/Rental uses being allowed on one property east of Highway 217 on Greenburg Road, and on ten properties west of Highway 217 on Cascade Avenue. The proposal also modifies this section by requiring all vehicle sales and rental inventory and vehicle service areas to be contained inside a building forMotor Vehicle Sales/Rental uses that are primary uses and west of Highway 217. The proposed new indoor screening requirement builds on the original screening requirement to ensure that future screening is more permanent in nature and promotes the efficient use of land by requiring new car dealerships to forgo the traditional surface parking lot for vehicle storage and consider other,more modern,approaches to vehicle sales. The proposal is consistent with this section. CONCLUSION The applicable provisions of the Tigard Community Development Code are met. Findings and Conclusions(DCA2021-00001) PAGE 4 OF 18 TIGARD COMPREHENSIVE PLAN Goal 1: Citizen Involvement Goal Provide citizens,affected agencies,and other jurisdictions the opportunity to participate in 1.1 all phases of the planning process. FINDING: City staff followed the Legislative notice requirements in CDC Section 18.710.110 to ensure citizens were provided an opportunity to be involved in all phases of the planning process. Notice of this proposed Development Code Amendment was sent to potentially affectedjurisdictions and agencies on March 26, 2021. Notice was mailed to individuals on the citywide interested parties list, and to owners of the original five properties on Cascade Avenue that were proposed to be added to the Subdistrict on March 29, 2021. City staff also communicated with representatives for Bob Lanphere's Motorcycles, Benderson Development,Jaguar Land Rover, and Macerich via phone and e-mail. Notice of Public Hearing and the proposed amendments were posted on the city's website on March 30, 2021. A notice was also published in the Tigard Times on April 15, 2021 and May 13, 2021. Additionally, CDC Section 18.710.110 requires two public hearings— one before Planning Commission (held May 3, 2021), and one before City Council(scheduled forJune 1,2021)—at which members of the public can provide oral and written testimony. Additional public outreach was conducted as part of the Washington Square Regional Center Update Project, as detailed below. The Washington Square Regional Center Update Pr ject developed an interactive Online Open House that was available from April 1—30,2021.It was broadly advertised using a number of channels and methods in both English and Spanish, including but not limited to a direct mailing, community group presentations, interested party emails, and social media promotions. 228 community members responded to the proposal about car dealerships as shown below. 63% of participants support the Subdistrict Modification proposal, 23%are neutral, and 14%do not support it. ONLINE OPEN HOUSE PROPOSAL. Limit new car dealerships to areas without potential for pedestrian-oriented development Substantially reduce the area that allows car dealerships. This would prevent more dealershps from locating on the mall properly but allow car dealershps near Highway 217 where there is no potential forpedestrian- oriented development. Car dealershps are not a neighborhood-serving business and not welcomed by all residents. However, they have a regional customer base and are appropriately located in a regional center; employ many more people than other retail sales businesses;and provide skilled and unskilled local jobs at a range of salaries. The proposed car dealership locations would preserve the mall properg for pedestrian- oriented development and restrict new car dealerships to locations further away from residential areas. Findings and Conclusions(DCA2021-00001) PAGE 5 OF 18 l't rim WASHINGTON SQUARE NIMBUS/CASCADE ' REGIONAL CENTER SUBAREA y ` i 14 i z 7e,‘ f ' ~ r,14;, r r ix i41 AA"... s ' . ' � � �.,�� i4 s''�;. .. R / Wit. .A. *� i'- - Vacant buildings- IA is, vy / 11\a potential for redevelopment i ¢ :. s. -'iis i Proposal to allow • : car dealerships as an iii -i►': i .. additional use in this area T oib,, -6: IA %oil 7 '11. : '2S4`..0 ''r*1.12-.Te...,11 it sti%tik, 040 #* \';!' ... Nw.v z17 oc .li i..1.. N 4111 s 4. - MIN 41S10, t I", A. ..lair*1 illtX, i , ' , rti S . AS i. ,'.1 '� +, L., Fanno Creek ' .A ' -rs„~a, i 11.. T t , :�'* Railroad tip° 15{1'k r ,, a, ,f• -4. '"", \'1'';"T": ir,./ t- "' "L *-1; ! 'hr' • . t 1 r � .ft:. 'fit r �., - 1 �1 ti. aik , , .-44..; 414 4. 0, .ititetst.i4vt, 4., 411,s,.... . , , 4„ , 1 Washington Square Regional Center ° i ._ ,0. __ Planning Area ! v • ' . -- 11041tn pt What do you think of the above recommendation? I Don't Like It Neutral I Like It Findings and Conclusions(DCA2021-00001) PAGE 6 OF 18 Goal 2:Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan,implementing regulations and action plans as the legislative foundation 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. FINDING: The city's land use program is governed by the Comprehensive Plan and CDC, as well as other incorporated plans and documents. This code amendment has been evaluated for consistency with relevant policies governing the Washington Square Regional Center. As explained in the findings in this section, the Subdistrict Modification is consistent with policies applicable to the Regional Center and Plan District. Policy 2 The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: The Comprehensive Plan Map designation of the subject properties is MUC, and will remain MUC if this application is approved. As detailed in the findings in this section,the Subdistrict Modification is consistent with applicable provisions of the Comprehensive Plan. Additionally, as explained in the findings below, the Subdistrict Modification is also consistent with the Washington Square Regional Center Plan. In particular, vehicle sales in District D is more appropriate, or at least as appropriate, as vehicle sales in District A because District D calls for moderate density as opposed to the high-density mixed-use development called for in District A. Moreover, the plan explains that DistrictD "should remain an employment center" and that "[t]he corridor along 217 through these districts will continue to attract retail development" Motor Vehicle Sales/Rental uses are a type of retail use and also tend to employ more people than typical retail businesses. The Subdistrict Modification is consistent with this policy. Policy 3 The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: City staff sent notice of this proposed Development Code Amendment to potentially affected jurisdictions and agencies. In particular, the city consulted with the Oregon Department of Transportation (ODOT) to determine the potential impacts, if any, of the Subdistrict Modification on Highway 217 and other ODOT facilities. ODOT reviewed the proposal, and determined that it would not have a significant effect on State highway facilities. The Subdistrict Modification is consistent with this policy. Policy 4 The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. FINDING: The purpose of this Development Code Amendment is to facilitate the efficient use of land by accommodating a demonstrated need for a particular land use Motor Vehicle Sales/Rental—in an area that has proven unsuitable for many of the other uses allowed in the Findings and Conclusions(DCA2021-00001) PAGE 7 OF 18 MUC zone. In so doing the Subdistrict Modification fosters the efficient use of underutilized land, and is therefore consistent with this policy. Policy 5 The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. FINDING: The properties being added to the Subdistrict, on the west side of Highway 217, are outside of the Metro-designated boundaries of the Washington Square Regional Center. These properties are also not located within a Metro Title 4 employment or industrial area. The propery used for the existing Jaguar Land Rover dealership is within the Regional Center and already allows Motor Vehicle Sales/Rental—this property is proposed to be carried over into the new Subdistrict.Accordingly,thispolicy does not apply to the proposed application.However, the Subdistrict Modification is still consistent with this policy because all of the uses otherwise allowed in the MUC will continue to be allowed on the subject properties. Policy 7 The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed use; D. Industrial; E. Overlay districts where natural resource protections or special planning and regulatory tools are warranted;and F. Public services. FINDING: The subject properties are and will remain zoned MUC. As such, they will continue to allow residential, commercial, and mixed-use development. The existing Subdistrict is a type of overlay district, and the proposal is refining its size and location as warranted by market conditions, access barriers, and the highway interchange location. The Subdistrict Modification is consistent with this policy. Policy 15 In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; FINDING: The subject properties are fully served by existing streets, water, sewer, and stormwaterfacilities. A Transportation Planning Rule(1 PR)Analysis was prOared,pursuant to OAR 660-012-0060(1), which analyzed potential trip generation impacts caused by the Subdistrict Modification. As explained in more detail below, the TPR analysis concluded that the potential trip generation for an "automobile sales (new)"use is less than some other uses currently allowed outright in the MUC zone. Furthermore, the Subdistrict Modification would reduce the total potential acreage where Motor Vehicle Sales/Rental are permitted. Accordingly, the TPR analysis concluded that the Subdistrict Modification would not cause a "significant Findings and Condusions(DCA2021-00001) PAGE 8 OF 18 impact"on a transportation facili0 and does not increase potential trip generation. ODOT also reviewed the TPR analysis and concurred that this proposal would not have a significant effect on State highway facilities. The Subdistrict Modification is consistent with this sub policy. B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; FINDING: As noted above, the TPR analysis found that the proposed Subdistrict Modification will not have any significant impact and will not negatively affect any existing or planned transportation facilig. ODOT also reviewed the TPR analysis and concurred that this proposal would not have a significant effect on State highway facilities. As all of the subject properties are already fully served by public facilities and services, and have been used for retail uses in the past, there is no reason to believe that the Subdistrict Modification will negatively affect any other public facilig or service. Additionally,any future development on the subject properties will require a land use application. If applicable, a transportation impact analysis or public facili#improvements will be required as part of the land use approval for future development. The Subdistrict Modification is consistent with this sub-policy. C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services,employment,housing,public and community services,etc.in the particular location,versus other appropriately designated and developable properties; FINDING: Market analysis and community outreach from the W/SRC long-range planning project have shown that the properties proposed to be added to the Subdistrict are appropriate for Motor Vehicle Sales/Rental uses. The intent of the Subdistrict Modification is to limit new stand-alone car dealerships to areas without potential for pedestrian-oriented development. The proposal would achieve this by substantially reducing the size of the current Subdistrict by approximately 64 acres,preventing more dealerships from locating on the Washington Square Mall propery, and allowing new stand-alone dealerships to locate near the Highway 217 interchange at Scholls Ferry Road. Car dealerships have a regional customer base and are appropriately located in a regional center; employ many more people than other retail sales businesses; and provide skilled and unskilled local jobs at a range of salaries. The proposed Subdistrict Modification would preserve the mall property for pedestrian-oriented development and restrict new stand-alone car dealerships to locations further away from residential areas. Accordingly, the Subdistrict Modification is consistent with this sub policy. D. Demonstration that there is an inadequate amount of developable, appropriately designated,land for the land uses that would be allowed by the new designation; FINDING: Despite the resilient demand for automobile sales, the great bulk of Tigard's developable land is zoned residential or mixed-use, which prohibits Motor Vehicle Sales/Rental uses. In Tigard, new large-scale car dealerships are allowed outright only within the General Findings and Conclusions(DCA2021-00001) PAGE 9 OF 18 Commercial (C-G), Light Industrial (I-L), and Heavy Industrial (I-H) zones; they are substantially restricted or prohibited in all other zones. Tigard's Buildable Lands Inventory from January 2021 shows a shortage of vacant, developable land in the C-G, I-L, and I-H zones. According, the Subdistrict Modification is consistent with this sub-policy. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; FINDING: Any future development on the subject properties will require a land use application, and must demonstrate compliance with all applicable standards during land use review, including the proposed new indoor screening standard, which will require all vehicle sales and rental inventory and vehicle service areas to be contained inside a building. Initial concepts shared with the city by interested car dealerships show that the applicable Plan District development standards, design standards,and the proposed new indoor screening standard can be met. Accordingly, the Subdistrict Modification is consistent with this sub policy. F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible, with environmental conditions and surrounding land uses;and FINDING: The SubdistrictModflcation is consistent with this sub policy because surrounding development types are all large format retail or commercial.spaces with large surface parking areas. Other land use types are separated from the subject properties by major arterials. Additionally,any future development on the subject properties will require a land use application, during which time it will be reviewed for any applicable issues related to sensitive lands and for compatibility with existing environmental conditions. According, the proposed Subdistrict Modification is consistent with this sub policy. G.Demonstration that the amendment does not detract from the viability of the City's natural systems. FINDING: Any future development on the subject properties will require a land use application, during which time it will be reviewed for any applicable issues related to sensitive lands and for compatibility with the city's existing natural ystems. Accordingly, the Subdistrict Modification is consistent with this sub policy. Policy 18 The Council may at any time, upon finding it is in the overall public interest, initiate legislative amendments to change the Comprehensive Plan text, Plan/Zoning Map(s) and/or the Community Development Code. FINDING: The Council may find that the proposed Subdistrict Modification is in the public interest because it: • Responds to proven market demand; • Helps to facilitate redevelopment of underutilized or vacant retail properties; Findings and Conclusions(DCA2021-00001) PAGE 10 OF 18 • Directs Motor Vehicle Sales/Rental uses to an area that is poorly served by multimodal connectivity and surrounded by high-volume major arterials, and therefore unlikely to develop for residential, mixed-use, or office uses;and • Reduces the allowance for Motor Vehicle Sales/Rental from the commercial core of the Washington Square Regional Center, which is better served by transit and more likely to redevelop with residential, mixed-use, or office uses. Goal 9: Economic Development Goal 9.1 Develop and maintain a strong, diversified,and sustainable local economy. Policy 2 The City shall actively encourage businesses that provide family-wage jobs to start up,expand,or locate in Tigard. FINDING: The Subdistrict Modification will allow for redevelopment of the subject properties located on the west side of Highway 217, which are currently underutilized and underdeveloped. Additionally, car dealerships have a regional customer base and are appropriately located in a regional center;employ many more people than other retail sales businesses;and provide skilled and unskilled local jobs at a range of salaries. Accordingly, by allowing Motor Vehicle Sales/Rental on the subject properties, the proposal actively encourages new businesses that provide family-wage jobs to start up, expand, or locate in Tigard. The Subdistrict Modification is consistent with this policy. Policy 3 The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. FINDING: Promoting redevelopment of underutilized and underdeveloped sites to allow viable and growing businesses is the fundamentalpurpose of the above polig. In this instance, the degree 1 of regulatoryflexibility required is minor:the subject properties on the west side of Highway 217 will remain in the MUC zone and the Washington Square Regional Center Plan District. The only change will be to allow Motor Vehicle Sales/Rental on the subject properties, which will promote economic development opportunities, and encourage new businesses that provide family- wage jobs to locate in Tigard. Additionally, the subject properties are already fully served by public services, including streets, sewer, and water. According, the Subdistrict Modification is consistent with this poli y. Policy 5 The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. FINDING: A number of the subject properties are vacant or underdeveloped. The proposed Subdistrict Modification would allow at least one of the properties to quickly come back into use after a relatively long period of inactivity. The subject properties are suitable for Motor Vehicle Sales/Rental because they are surrounded on three sides by high-capacity and relatively high-speed transportation facilities. Conversely, their desirability for other uses allowed in the MUC zone is low. The subject properties do not Findings and Conclusions(DCA2021-00001) PAGE 11 OF 18 have access to passenger rail or other high-capacity multimodal ystems, and are separated from neighborhood services by major arterials. Thus, they are unlikely to develop for residential or mixed-residential/commercial uses. Given the COVID-19 epidemic and the resulting movement of the white-collar workforce to home offices,the subject properties are also very unlikely to be desirable for office uses in the short or medium-term, and even the long-term outlook for the suburban office product is uncertain. Office or other commercial development on the subject properties is all the more uncertain because of the noise and disruption created by Highway 217 and Scholls Ferry Road. Accordingly, by allowing an additional land use (Motor Vehicle Sales/Rental) on the subject properties, the proposal promotes the efficient development and redevelopment of vacant and underutilized land. Additionally, any future car dealerships on the subject properties must demonstrate compliance with the applicable Plan District development and design standards, and the proposed new indoor screening requirement for vehicle inventory and service areas. This will help ensure that future car dealerships on the subject properties will be well-designed. The Subdistrict Modification is consistent with this policy. Policy 12 The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. FINDING: As noted above, the proposed Subdistrict Modification will allow an additional land use (Motor Vehicle Sales/Rental) on the subject properties, and will therefore promote development or redevelopment of underutilized and underdeveloped land. Additionally, the proposed new indoor screening requirement will promote livability andpedestrian friendly design by requiring all vehicle sales and rental inventory and vehicle service areas to be contained inside a building. Future development or redevelopment of the subject properties may also trigger public facility improvements, including much-needed pedestrian and bicycle facilities near the intersection of Cascade Avenue and Scholls Ferry Road. According, the Subdistrict Modification is consistent with this policy. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy 1 The City shall focus a significant portion of future employment growth and high- density housing development in its Metro-designated Town Center; Regional Center(Washington Square);High Capacity Transit Corridor(Hwy 99W);and the Tigard Triangle. FINDING: The properties being added to the Subdistrict, on the west side of Highway 217, are outside of the Metro-designated boundaries of the Washington Square Regional Center. These properties are also not located within a Metro Title 4 employment or industrial area. The proper y used for the existing Jaguar Land Rover dealership is within the Regional Center and already allows Motor Vehicle Sales/Rental—this property is proposed to be carried over into the new Subdistrict.Accordingly,this polig does not apply to the proposed application.However, the Subdistrict Modification is still consistent with this policy because the subject properties are adjacent to the Washington Square Regional Center and part of the Washington Square Findings and Conclusions(DCA2021-00001) PAGE 12 OF 18 Regional Center Plan District, and will be able to provide for large-scale employment uses in this area. Policy 2 The City shall adopt land use regulations and standards to ensure a well-designed and attractive urban environment that supports/protects public and private sector investments. FINDING: As noted above, the proposed Subdistrict Modification will allow an additional land use (Motor Vehicle Sales/Rental) on the subject properties, and will therefore promote development or redevelopment of underutilized and underdeveloped land. Additionally, the proposed new indoor screening requirement will promote a well-designed and attractive urban environment by requiring all vehicle sales and rental inventory and vehicle service areas to be contained inside a building. Future development or redevelopment of the subject properties may also trigger public facility improvements, including much-needed pedestrian and bicycle facilities near the intersection of Cascade Avenue and Scholls Ferry Road. Accordingly, the Subdistrict Modification is consistent with this policy. Goal 12:Transportation Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the community. FINDING: As noted above, a TPR analysis was prepared,pursuant to OAR 660-012- 0060(1), which analyzed the potential increase in trip generation caused by adding a Motor Vehicle Sales/Rental use on the subject properties. The TPR analyzed the likely trip generation of each use currently allowed on the subject properties under a "reasonable worst case scenario" and individually compared each of those uses with a reasonable worst case for automobile sales. This analysis is shown in the table below: Findings and Conclusions(DCA2021-00001) PAGE 13 OF 18 Hour Trip currently MUC-Allowed Land Uses Eating and Drinking Quality Restaurant 931 7.80 44% 4.37 Establishments Eating and Drinking High-Turnover(Sit-Down) 932 9.77 43% 5.57 Establishments Restaurant Office General Office Building 710 1.15 — 1.15 Personal Services Drive-in Bank 912 20A5 35% 13.29 Sales-oriented Retail Shopping Center 820 3.81 34% 2.51 Sales-oriented Retail Supermarket 850 9.24 38% 5.91 Sales-onented Retail Discount Supermarket 854 8.38 21% 6.62 Sales-oriented Retail Home improvement 862 2.33 42% 1.35 Superstore Proposed Land Uses Motor Vehicle Sales/Rental Automobile Sales(New) 840 2.43 — 2.43 Motor Vehicle Sales/Rental Autornotde Sales(Used) 841 3,75 — 3.76 The TPR concluded, `As identified in the table above, there are several current MUC-allowed commercial land uses that have a higher effective trip generation rate than the proposed Motor Vehicle Sales/Rental use.Noting the analysis purpose is to compare the trip generation potential on the subject properties, this analysis finds the addition of Motor Vehicle Sales/Rental as a stand-alone land use does not increase that potential. It is further noted a number of the MUC-allowed commercial uses have a significant pass-by trip component in addition to a primary (new) trip component. This means that not only do these commercial uses generate new trips on the transportation ystem, they also divert existing trips from the adjacent roadways which can significantly alter traffic volumes at nearby intersections. As such, if one or more of the five properties on the west side of OR 217 develop with Motor Vehicle Sales/Rental uses, the resulting transportation impacts on the adjacent transportation ystem, including the SWI Scholls Ferry Road/SW Cascade Avenue intersection, will not be greater than if developed with a current MUC-allowed use. In summary, the proposed Map Amendment does not significantly affect an existing or planned transportation facility and TPR criteria outlined in OAR 660 012-0060(1) are met without additional analysis." ODOT also reviewed the TPR analysis, and concluded this proposal does not have a significant effect on State highway facilities. The Subdistrict Modification is consistent with this policy. Goal 12.5 Coordinate planning, development, operation, and maintenance of the transportation system with appropriate agencies. Policy 1 The City shall coordinate and cooperate with adjacent agencies and service providers—including Metro, TriMet, ODOT, Washington County, and Findings and Conclusions(DCA2021-00001) PAGE 14 OF 18 neighboring cities—when appropriate, to develop transportation projects which benefit the region as a whole,in addition to the City of Tigard. FINDING: City staff sent notice of this proposed Development Code Amendment to adjacent agencies and service providers. In particular, the city consulted with ODOT to determine the potential impacts, if any, of the Subdistrict Modification on Highway 217 and other ODOT facilities. ODOT reviewed the proposal, and determined it would not have a significant effect on State highway facilities. The Subdistrict Modification is consistent with this policy. CONCLUSION The applicable provisions of the Tigard Comprehensive Plan are met. WASHINGTON SQUARE REGIONAL CENTER PLAN Districts D &E: Nimbus—Fanno Creek Densities here should be increased to a moderate density scale, and this part of the study area should remain an employment center. FINDING: The proposed Subdistrict will be primarily located in District D. In discussing Districts D and E, the Regional Center Plan explains that "the main development features in this area are one-stag light industrial and office buildings created to accommodate Washington County's high-tech industry and related services." Unlike the more-intense commercial development called for in Districts A and C,and the residential development called for in District B, Districts D and E call for moderate density levels. On balance, the density levels in District D are the most amenable of all the districts within the Regional Center Plan boundaries to Motor Vehicle Sales/Rental uses. The Subdistrict Modification is consistent with this section. The corridor along 217 through these districts will continue to attract retail development. FINDING: Although it is defined separately from "Sales-Oriented Retail" in the CDC, Motor Vehicle Sales/Rental is similar in most respects to the large format,auto-dependent retail uses historically located in the proposed Subdistrict. At least two of these, Orchard Supply Hardware and Toys `R" Us have dosed due to worsening market conditions for brick and mortar retail. To date, no office, residential, or mixed-use developments have established in this area. These sorts of retail uses and Motor Vehicle Sales/Rental are the uses most likely to thrive in this area due to the proximity of the Highway 217 interchange. Additionally, the Subdistrict Modification would not predude any uses otherwise allowed in the MUC tone. Of the Districts identified in the Regional Center Plan, only Districts D and E were considered amenable to continued large format retail uses,and are, on balance,the most appropriate districts for Motor Vehicle Sales/Rental uses. The Subdistrict Modification is consistent with this section. Mixed-Use Commercial The purpose of the Mixed Use Commercial (MUC) land use designation is to: Findings and Conclusions(DCA2021-00001) PAGE 15 OF 18 • create a dense mixed-use commercial district that forms the commercial core of the Washington Square Regional Center; • provide opportunities for major retail goods and services, office employment,and housing to locate in proximity,and with good access to, transportation services; • implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas within the City of Tigard designated Regional Center. The Regional Center Plan recommends that land around the Washington Square Mall and land immediately west of Highway 217 be designated a mixed-use commercial district. FINDING: As noted above, the MUC district was created by the Regional Center Plan and is the largest tone within the Plan District. The Regional Center Plan calls for high-density commercial, office, and residential/mixed-use development in Districts A (Washington Square Mall) and C (Lincoln Center—Ash Creek). The proposed Subdistrict Modification would reduce the existing allowance for stand-alone Motor Vehicle Sales/Rental uses from District A down to just the Jaguar Land Rover proper**, and would instead allow new Motor Vehicle Sales/Rental uses away from the two commercial cores, on the west side of Highway 217, consistent with the above purpose statement. The Subdistrict Modification would also respond to proven market demand for Motor Vehicle Sales/Rental in an area that is otherwise underserved by multimodal transportation options, thereby preserving portions of the Plan District served by multimodal transportation options for mixed-use development. Although the Washington Square Regional Center Plan District implements the Washington Square Regional Center generally, the proposed Subdistrict is not located within the Metro- designated regional center. Therefore, the Subdistrict Modification is not inconsistent with the Urban Growth Management Functional Plan. CONCLUSION: The applicable provisions of the Washington Square Regional Center Plan are met. OREGON STATEWIDE PLANNING GOALS Goal 1 Citizen Involvement FINDING: Goal 1 requires the city to provide opportunities for the public to participate in all phases of land use decision making. In this case, the city's Goal 1 obligations are satisfied through the direct community outreach conducted in support of this proposal through the Washington Square Regional Center Update Project, and through the procedural requirements for a Legislative Amendment set forth in CDC Section 18.710.110. Goal 2 Land Use Planning Findings and Conclusions(DCA2021-00001) PAGE 16 OF 18 FINDING: Goal 2 requires local governments to adopt a comprehensive plan and implementing ordinances that are consistent with its plan. This Development Code Amendment does not_propose changes to the Tigard Comprehensive Plan, but does propose changes to sections of the CDC that implement the `Mixed-Use Commercial"designation of the subject properties. The Subdistrict Modification has been evaluated for consistency with all applicable sections of the Tigard Comprehensive Plan, as detailed in the findings above. Goal 2 also requires an "adequate factual base"for legislative decisions. City Council relies on certain facts demonstrating a need forMotor Vehicle Sales/Rental uses on the subject properties. These include the market demand forMotor Vehicle Sales/Rental uses in this area, as well as the relatively recent establishment of the nearby Jaguar Land Rover dealership. Council also relies on facts referenced herein indicating that demandfor new car dealerships is anticipated to be strong in the foreseeable future. Council also relies on the failures of existing retail businesses within the subject properties, their separation from neighborhood services and lack of transit, and the lack of interest in other development types as evidence that the subject properties are unlikely to redevelop for residential, mixed- or high-density commercial uses in the planning period. Finally, Council relies on the city's own buildable lands inventory as evidence that there are few adequate alternatives for new Motor Vehicle Sales/Rental uses elsewhere in Tigard. Finally, Goal 2 requires coordination between local governments and state agencies. The city's Goal 2 obligations in this regard were satisfied through notices to affected governmental entities, including DLCD, ODOT, and Washington County. Goal 9 Economic Development FINDING: The Subdistrict Modification supports economic development within the city because it satisfies a demonstrated market demand for a use that is otherwise difficult to establish elsewhere in the city. The Subdistrict Modification also facilitates redevelopment of vacant and underutilized properties, thereby fostering employment, economic growth, and additional tax base in the city. Furthermore, the Subdistrict Modification supports economic development for the reasons explained in response to Goal 9 of the Tigard Comprehensive Plan. Goal 12 Transportation FINDING: As noted above, a TPR analysis was prepared,pursuant to OAR 660-012- 0060(1), which analyzed potential trip generation impacts caused by the Subdistrict Mod f cation. The TPR analysis concluded that the proposal has no significant effect on an existing or planned transportation facility. ODOT also reviewed the TPR analysis, and concurred that this proposal has no significant effect on State highway facilities. CONCLUSION The applicable provisions of the Oregon Statewide Planning Goals are met. OREGON TRANSPORTATION PLANNING RULE (OAR 660-012-0060) FINDING: OAR 660-012-0060 requires the city to determine whether a proposed plan or land use regulation would have a significant effect on an existing or planned transportation Findings and Conclusions(DCA2021-00001) PAGE 17 OF 18 facility. The Subdistrict Modification will not have a significant effect on the city's transportation system because it does not change a functional class(cation of an existing or planned transportation facility, does not change standards implementing a functional classification system, does not degrade the performance of existing or planned transportation facilities, and does not allow types or levels of travel or access inconsistent with existing functional classifications ofaffected facilities. Additionally, the TPR analysis also demonstrates that the proposed Development Code Amendment will not generate additional daily trips under a "reasonable worst case"trip generation scenario, based on the most intense possible uses of the subject properties under existing and proposed zoning. CONCLUSION: The applicable provisions of OAR 660-012-0060 are met. Findings and Conclusions(DCA2021-00001) PAGE 18 OF 18 SUPPLEMENTAL PACKET FOR �N,� � �u '1 (DATE OF MEETING) WASHINGTON SQUARE REGIONAL CENTER WA Square Subdistrict Modification Development Code Amendment I DCA2021 -00001 City Council Hearing I June 1 , 2021 6 ,' q TIGARD • WSRC Overview Project Community priorities , Emerging .... . -,.e,.. -, ,,,„ f .-, .... Ilk- ••• ' market trends • . • ,. s• .. • Housing options 4 • - - ,-PEDTAIL a0 - M ' *iv. . R . -A . ,, ‘ • ,-• ''''' • m E TZG E , ATO' ... r 1. , PA R ,4l t. rt Re4 11.k. *v. ..0.3> 'le itzi . sc)4., ^r •'" NT ,itcUS11 L ' .,. - ' 141 .41,0*" 10 CERETEkIYJ . •0 - ELnENT 4 RY CREEK TRAIL , Business opportunities r .... ...,.....- ikr ......, , ia 4 ' hi 17 <9e. All •Nr 4 M4 • '-' Transportation options ___ WSRC Project Schedule March 2020 FaIl 2021 I•c merit Existing Conditions Evaluate Opportunities.Needs alien 11110 °II II" IIIMI M. "Ill "II al. RIllur Develop Future Land Use and Transportation Idea � liew` (1Produce Recommendation Report I 41,_Produce I ,; I Take Recommendations to City Council _ alltir 10100 � am � - - - � Community Engagement WSRC original Vision Original Vision ,. '�f ''.'..:--';`'-::'-:::‘''::.'''.4.''I'i:'..1.' '''''''' 1 '''''. Cr: ,,f.:,,,, 111L;11=-41 :) .z : '1#11111F' ,_,._ ' ___,.4.,tit'l.^‘'—;'.1-.2r,..1 ',:111',.!,,r,.:111:,,c111.1_,:*17,--r'''.:1',,....1'`''''''.2 - --1'. ' -- . ,,,, , , , -fit ' -i PkY. ` , ...1,e . , %lb s •.n Az- ted - , ., WSRC Project Schedule March 2020 > FaIl 2021 Tonight's Proposed Code Amendment • Technical analysis and community engagement substantially complete • Responsive to property owner timeline Proposed Code Amendment Vic nity Nap T I Re.ye/t - s EN. _ • Preserves mall for , ,,c` , , , Mal, ra mixed-use pedestrian- 4 L, Tda,attn,. ;„,. ,r `� oriented redevelopment Holman Auto r' .; • wa (Orchard Hardware) - f • Responds to market OP : ' . - demand and existing iiii& Nit development pattern I)tic a' P 11 _ z. • Advances Tigard's r. reconomic development - Benderson " < . : (Toys "R" Us) 111- �� goals 11 jell ' % 1►: . • Protects residential t�.. Jaguar areas um-, Land Rover / •: -, I ;,, �, Helps facilitate Bob Lanphere's Motorcycles l • .: • ' redevelopment of r. . . in ' `-�--1••r, underutilized or vacant x properties log .0 - . . , - -.. T �' " yy ScaI�M1Im ,,,• i "I 1 . Proposed Code Amendment • Existing Subdistrict(97.4S acres) ElProposed Suboistrict(33.13 acres) ..'`,, 142 Tigard City Boundary Subdistrict d i Location and Size .......„... IA ,,,3 _____ . 1 . i I.1, .• • I I • • , 4 i ' Zone .. --1-- - - - . I ill . , /_ ______. # , , % ,iviTIJ _..... ...., .... . . • ,4. • ,-,,- en. , ..i , i Proposed Code Amendment Screening Standard All outdoor vehicle sales inventory must be screened from view from adjacent public roadways by a mixture of opaque screens and evergreen landscaping. (current standard) vs. MotorVehicle Sales/Rental uses that are primary uses and west of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building. (proposed standard) I l.. ..., . ,. -• 4 i .'.. ...1,4 .* ' i,-,14Nti.,,k•.41,,. r' . . • ,t1 f ‘i.SiiV* 1.••. 4 ' ',.' 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Recommendation DCA202 I -00001 Staff recommends revising the text amendment to remove the reference to properties within 500 feet of Scholls Ferry Road . Recommendation STAFF'S RECOMMENDED REVISION : Subdistrict. In addition to the land uses allowed in Table 18. 120. 1 for the MUC zone, MotorVehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670.A. In addition to complying with all applicable development standards, MotorVehicle Sales/Rental uses that are primary uses and west of Highway 217 eir-vwMl+n must contain all sales and rental inventory and vehicle service areas inside a building. Recommendation PC RECOMMENDATION SUMMARY: • Cascade properties added to subdistrict • New indoor storage standard applied everywhere except JLR Alternative for Consideration ...r - i sciria--44 -: • Market is very F,I alA� unpredictable 1III Wif-4 .w • Mall desires as I if .i. . .pt,..‘ . . 44 ' iii .,. [ much flexibility as /: �- ::: 1 : 1� ..''" possible a .1\ ) 4ri * III • Staff desires to . .x.:�� i: :: protect and - Imo. : %. r �. s: ..ill ,,, 0 _ --f"I _ T 4 . to, advance city and 0.......) °:41:0;00, .-. - - i �"° public interests , ,,,, 217 ',..! „low. so 0 .1 . ,prott . ... ox,40,. i .64.- 0, • Several options ., . �. , .0.. ..--I considered - � M h r NI art Alternative for Consideration .. .... _ __ ___ _ . ,.... r . ..... ___,,__ . . _ • Service rp.i = gays _ __ .. t 'it it - __ _ ~,. --- Y i �► j(( W O��. �¢ t+4 f r T i I T - it ♦. �. a. • , s f. ` Sales= `. ' s:- Car Wash , obi: • • ' . , Center .. ♦ Ic . 16.„... , f. mat- •.• cm i 18—' 1 V...., lei. a 1 + > irt ♦ - a ry yr , �, a 1 " Y- • i ` t.$4 IL 4 IL illl ' :t iliti‘; , • • t I. On I tt Service _ - 4 Ow II Center , ,. it Ly �• , f T '� •• re • t I ! A Alternative for Consideration ALTERNATIVE SUMMARY: • Cascade properties added to subdistrict • New indoor storage standard applies everywhere except JLR • Entire mall property remains in subdistrict — New standards proposed later to address potential vehicle impacts to pedestrian environment from vehicle service operations Alternative for Consideration ALTERNATIVE TEXT: Subdistrict. In addition to the land uses allowed in Table 18. 120. 1 for the MUC zone, MotorVehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670.A. In addition to complying with all applicable development standards, MotorVehicle Sales/Rental uses that are primary uses • ! ! - - - must contain all sales and rental inventory and vehicle service areas inside a building, except for the existing MotorVehicle Sales/Rental development located at the northwest corner of Highway 217 and Greenburg Road. Decision Alternatives DECISION ALTERNATIVES: ➢ Approve PC recommendation with no changes. ➢ Approve PC recommendation with minor changes. EXAMPLE: Keep mall property in subdistrict & change new indoor storage standard to exclude only JLR. ➢ Continue hearing to a date certain to consider public comments or major changes. Alternative for Consideration ALTERNATIVE TEXT (with mall) Subdistrict. In addition to the land uses allowed in Table 18. 120. 1 for the MUC zone, MotorVehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map I8.670.A. In addition to complying with all applicable development standards, MotorVehicle Sales/Rental uses that are primary uses must meet the following standards: a. Properties located east of Hwy 217 must contain all sales and rental inventory and vehicle service areas inside a building inside, except for the existing MotorVehicle Sales/Rental development located at the northwest corner of Highway 217 and Greenburg Road. b. Properties located west of Hwy 217 must contain all sales and rental inventory and vehicle service areas inside a building or behind a building such that inventory and service areas are not visible from Cascade Avenue. Alternative for Consideration ALTERNATIVE TEXT (without mall) Subdistrict. In addition to the land uses allowed in Table 18. 120. 1 for the MUC zone, MotorVehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670.A. In addition to complying with all applicable development standards, MotorVehicle Sales/Rental uses that are primary uses and located west of Hwy 217 must contain all sales and rental inventory and vehicle service areas inside a building or behind a building such that inventory and service areas are not visible from Cascade Avenue. Thank you . Questions?