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City Council Packet - 07/13/2021 ' City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: July 13, 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.Rov/Comments.All comments must be submitted before noon 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 SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: http://www.tigard-or.gov/city hall/council meeting.php 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. 111 ■ City of Tigard ■ Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: July 13, 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. Update from Police Chief McAlpine C. Tigard Area Chamber of Commerce D. Public Comment—Written E. Public Comment—Phone-In 3. COUNCIL LIAISON REPORTS 4. CONSENT AGENDA: The Consent Agenda is used for routine items including approval of 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.Motion to: A. PROCLAIM JULY AS PARKS AND RECREATION MONTH •Consent Agenda-Items Removed for Separate 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. 5. CONSIDER RESOLUTION APPOINTING MEMBERS TO THE COM IITTEE FOR COMMUNITY ENGAGEMENT 6:45 p.m. estimated time 6. RECEIVE PUBLIC SAFETY ADVISORY BOARD UPDATE 6:55 p.m. estimated time 7. QUASI-JUDICIAL PUBLIC HEARING: OR217 AUXILIARY LANES COMPREHENSIVE PLAN AMENDMENT AND SENSITIVE LANDS REVIEW- CPA2020-00003 AND SLR2020-00010 7:25 p.m. estimated time 8. NON-AGENDA ITEMS 9. ADMINISTRATIVE REPORT 10. 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. 11. 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A i 1- U L • •L CO CO co Ct m r > d-> CO N LID 2 • o ® • • • • • • • City Council Update July 13,2021 FOR U(DATPPLEMENTALE PACKET F//MEETING) Chamber Update l/IG�GL ! 4 `�-e_ Leadership Tigard Now accepting applications for the Class of 2022. It will begin in October of 2021. Education,Advocacy, &Building a Strong Local Economy Government Affairs&Public Policy Meeting—Taking a break during summer. Tigard Restaurant Month—Tigard Restaurant Month was a huge success!Thank you Councilor Newton for your support of the program.Thank you to all of Council for their support by participating in the program. We had over 50 people participate for our first year with many requests for it to come back next year. 6 Business joined the chamber in June.We are seeing recovery and growth within the business community now that things are opening. Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 7/15—Harris WorkSystems,7/22—Office Depot,7/30—Draco Constructions, 8/5—GMT 7/13-OnPoint Community Credit Union Grand Opening 7/16—Kiddie Academy Groundbreaking Ceremony—2—3 PM Details at Tttp://business.tigardchamber.org/events/c. Tigard Farmers Market Update The Tigard Farmers Market is open! We are still doing our SNAP Matching program presented by Tualatin Soil and Water Conservation District.SNAP participants can get up to an additional$15 per week when they use their benefits at the market. TDA Downtown Updates The 2021 Tigard Art Walk is underway.We have already hosted an Artist Reception and the Brush Off. The remaining activities include: • $25 Art Sale • Featured Artists in Businesses • Workshops • Meet the Artists • Artist in Action • Pop Up Art Market • Kid's Chalk Art Contest • Brush Off Art Auction. For complete details, please check out ExploreDowntownTigard.com IP TDA 7IGpRp LeldiadershipGTigard.r Buing leaden mw. caamaniy. \•••• SUPPLEMENTAL.PACKET FOR iv4 /S go 2-1 o (DA E OF MEETING) • TIGARD F. Public Comment received by noon for the Meeting of the Tigard City Council July 13, 2021 1. Jim Long Testimony for Agenda Item No. 7—QJPH: 0R217 Auxiliary Lanes Comprehensive Plan Amendment: Draft Testimony Wetlands Restoration proposal approved by CPO-4M motion Video of Washington Square wildlife 2. Jim Long Wetlands Restoration proposal approved by CPO-4M motion cr,rol Krager From: Jim Long iliallffiaMir Sent: Tuesday,July 13, 2021 11:55 AM To: Carol Krager; Monica Bilodeau Subject: CPA ODoT CPO-4M testimony Attachments: 10 secs back pond.mov; 1 CPO 4M ODoT CPA TESTimony docx.docx;z 217 Wetlands restoration SHARE.docx Caution!This message was sent from outside your organization. Allow sender I Block sender Good morning City Council and Mayor! Here is first draft of written testimony from CPO-4M re: Comprehensive Plan Amendment for 5.5 acres of land zoning change of ODOT Hwy. 217 expansion. Also a brief video of wildlife within Washington Square Regional Center boundaries and an initial proposal for a major wetlands restoration next to Hwy. 217. Thanks for your serious consideration. Jim Long, Chair CPO-4M. 1 CPO 4M Metzger, Durham, East Tigard *4,6, Washington County, Oregon 10655 SW Hall Boulevard, Tigard, OR 97223 1117 I 1.11-1 TESTIMONY FOR CPO-4M 7132021 11am My name is Jim Long. Thank you for the opportunity to speak on this important matter July 12, 2021 TO: Mayor, City Council, & City Manager FROM: Citizens Participation Organization 4-M (We are here as volunteers) Re: ODoT request for Comprehensive Plan Amendment 217 auxiliary lanes How many of you remember in the 1970s, 1980s and 1990s when there was a large (40-plus acres) vibrant wetland east of Hwy 217? I wish I could show you the aerial photos. You should see aerial photos of that wetlands. That land is part of the large 100-year flood plain south of Oak Street and Washington Square. It is in the Wash. Sq. Regional Center boundaries. Here's a short video snapped on April 25 of this year showing wildlife, three ducks fly towards us, the last to be swimming with ducklings with a heron strutting and reflecting in the pond within the Wash. Sq, Regional Center boundaries and you can hear a morning WES train in background near end on the longer version of the video. In addition, we have seen many other species of wildlife in this area, including beaver, mink, red fox, geese, swans, coyotes, etc. The stars are the wildlife! Mitigation should occur in Tigard (on-site) why?? Remember years ago ODoT caused the loss of another 7 acres of sensitive wetlands for the WES train. Is this "double-dipping", reusing the same mitigation site? The city and/or ODoT should get ahold of the property owners and explain that since the 100-year-flood plain is unbuildable, the city or ODoT would like to purchase for mitigation and other purposes. Reasonable request, explore options Not all animals can fly. ODoT should create a tunnel. Create a tunnel as an underground passage (like in ODoT did in Bend). When I asked Monica B. yesterday, "who is the property owner of that big swatch of land east of 217 south of Oak Street in 100-year flood plain? Her response was, "Urn, ODoT has contacted the property owners, ODoT has agreements with the property owners." Monica did not tell me, she referred me. 1 Because of timing conflicts, CPO-4M was not able to get the property owners names or a large detailed map of the area for us to inspect. We as citizens cannot go to Tigard City Hall and look at maps for more details to formulate and ask questions? Wetlands on west side of 217 are forested, how will they be impacted? All animals matter, including humans, especially during nesting season. Ask for review of mitigation locally on that site. We prefer mitigation in city limits. "Vibrant wetlands "— a model visible from highway. Questions: Ask City of Tigard Planning Commission and planners: Will there be shoulders next to auxiliary lanes? and ditches? What kind of enforcement does City do? Does the City of Tigard have a wildlife biologist? The effected neighbors on Pfaffle, SW 83rd and SW 84th were not all notified of the traffic detours? Why not? What is the sensitive lands review? Who does that? Is it objective? Ask ODoT: Will off-ramps be effected? Pfaffle traffic, how much will traffic increase on Hall Blvd? Won't the sound barriers stop wildlife from traveling? We asked at their first open house, can't there be some vines/other plants to further diminish the noise and add beauty to the sound barriers? So, in conclusion, our Community Participation Organization members do not oppose the auxiliary lanes for widening 217, but we are very concerned about protecting wildlife habitat, wetlands, protecting the 100-year flood plain, and keeping mitigation on-site, as well as traffic congestion during construction. CPO-4M asks for a continuance so: 1. that sensitive lands review can continue, 2. On-site mitigation can be explored, and 3. the current property owners of 100-year flood plain can be queried about their vision for the property and possible sale for joint restoration as a vibrant wetland. Thank you for your continued support of our CPO and we look forward to future answers and updates of our pending questions and concerns. Sincerely, Jim Long, Chair, CPO 4M 2 CPO-4l Screen Share approved by CPO-4M motion: Title: ODoT 217-CoT-CWS "WETLANDS RESTORATION" Proposal To: Oregon Dept. of Transportation, City of Tigard, Clean Water Services (Washington County), Wetlands Conservancy, etc. From: CPO-4M (speaking up for wildlife), "Friends of Ash (& Fanno) Creek" (?) Project Summary: To return to its natural functions and restore wetlands at biggest mitigation area in entire 217 Corridor and Tigard. This includes restoring the original hydrological regime to let time reestablish the native plant and animal community, with its associated habitat value. Problem: 100 year-flood plain, largest remaining flood plain along 217 and In Tigard Pacific flyway The previous owner made many attempts to change the hydrology of the site . . . .this includes removal of vegetation, trapping of beavers, and changes to the flow of Ash creek Related Work: Mitigations small and large happen near and far. Water is the key. Objectives: Have ODOT, CWS and other partners use as a mitigation site Design: more details, schools, 1. Suggest collaborations between ODoT/Metro/CoT/CWS or Wetlands Conservancy to buy property (about 50 acres) 2. Agreements to specify design details 3. Meter water under Hwy 217, fill up wetlands, better flow during all months; 4. Education programs including involving schools about Pacific flyway zone. What wildlife are we talking about? More wetlands will support ducks, geese, swans, herons, native animal and plant species 5. Evaluate Timetable: TBD Budget: TBD Care! Kral er From: noreply@revize.com Sent: Tuesday,July 13, 2021 12:00 PM To: Carol Krager Cc: Jesse Raymundo Subject: Public Comments Attachments: z 217 Wetlands restoration SHARE.docx Caution!This message was sent from outside your organization. Block sender Name=Jim Lon EmailAddress= Address= 10655 SW Hall Blvd Topic= Comprehensive Plan Amendment proposed by ODoT FeedBackText=attached Client IP=24.20.186.76 1 CPO-4M Screen Share approved by CPO-4M motion: Title: ODoT 217-CoT-CWS "WETLANDS RESTORATION" Proposal To: Oregon Dept. of Transportation, City of Tigard, Clean Water Services (Washington County), Wetlands Conservancy, etc. From: CPO-4M (speaking up for wildlife), "Friends of Ash (& Fanno) Creek"(?) Project Summary: To return to its natural functions and restore wetlands at biggest mitigation area in entire 217 Corridor and Tigard. This includes restoring the original hydrological regime to let time reestablish the native plant and animal community, with its associated habitat value. Problem: 100 year-flood plain, largest remaining flood plain along 217 and In Tigard Pacific flyway The previous owner made many attempts to change the hydrology of the site . . . .this includes removal of vegetation, trapping of beavers, and changes to the flow of Ash creek Related Work: Mitigations small and large happen near and far. Water is the key. Objectives: Have ODOT, CWS and other partners use as a mitigation site _Design: more details, schools, 1. Suggest collaborations between ODoT/Metro/CoT/CWS or Wetlands Conservancy to buy property (about 50 acres) 2. Agreements to specify design details 3. Meter water under Hwy 217, fill up wetlands, better flow during all months; 4. Education programs including involving schools about Pacific flyway zone. What wildlife are we talking about? More wetlands will support ducks, geese, swans, herons, native animal and plant species 5. Evaluate Timetable: TBD Budget: TBD AIS-4676 4.A. Business Meeting Meeting Date: 07/13/2021 Length (in minutes): Consent Item Agenda Title: Proclaim July as Parks and Recreation 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 The Tigard City Council has the opportunity to proclaim July as Parks &Recreation Month in Tigard. STAFF RECOMMENDATION /ACTION REQUEST The city team recommends issuing the Proclamation. KEY FACTS AND INFORMATION SUMMARY Parks and Recreation Month is an opportunity to acknowledge the importance of the city's parks and recreation programs to Tigard residents and highlight the city's commitment to providing opportunities for all the residents we serve. This year the volunteer members of the city's Parks and Recreation Advisory Board requested the City Council proclaim July as Parks&Recreation Month in Tigard. OTHER ALTERNATIVES Options include revising the proclamation, adopting proclamation at a later date, or not moving forward with this recognition. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS This proclamation supports our strategic vision:An equitable community that is walkable,healthy and accessible for everyone.Recognizing the importance of Parks and Recreation is also a top priority as demonstrated in the recent adoption of the 2021-2022 Council goals. DATES OF PREVIOUS COUNCIL CONSIDERATION This proclamation was issued in 2017 and 2019,with proclamations for'Take Kids to Parks Day'and 'Play Ball' month being issued in between these years. Attachments Parks&Recreation Month ,: 1 - t 1. .,.. , k. q. 4 111t J 'I i r,of - PARK AND RECREATION MONTH ,I! WHEREAS,park and recreation programs are an integral part of the Tigard community, ` °"` 1 .*__I--..-0 and . �- • y0-i WHEREAS,Tigard recognizes the importance of providing children and adults with a , - ° •i place to connect with nature, interact with friends and family and have fun outdoors;and ti WHEREAS,park and recreation opportunities are important to establishing and �� •_ , maintaining the quality of life in Tigard and contribute to the general well-being of our "'�- residents;and Ito— WHEREAS,parks and recreation programs support healthy,active communities and . - serve the needs of people of all ages and abilities;and `. .: WHEREAS,parks and recreation programs increase a community's economic prosperity ', through increased property values,expansion of the local tax base,increased tourism, , the attraction and retention of businesses,and crime reduction;and ...• • WHEREAS,Tigard's parks,open space,greenways and recreation areas ensure the "d '- ecological beauty of our community is maintained with improved water quality,smart development and preservation of wildlife habitat;and ,-t' sffc ' WHEREAS,members of the Parks&Recreation Advisory Board advise City Council and �' miladvocate for park and recreation opportunities for a growing Tigard. In recognition of all i,:,' sr:. the benefits the community derives from parks and recreation resources,the Parks& Recreation Advisory Board requests the City Council proclaim July as Parks&Recreation Month in the City of Tigard. NOW THEREFORE BE IT RESOLVED the City of Tigard City Council does hereby proclaim, %;• JULY-PARK AND RECREATION MONTH i in Tigard,Oregon and encourage residents to get outside and have fun! Dated this day of July 2021. . a�'i IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City Y of Tigard to be affixed. . Jason B. Snider, Mayor ,A City of Tigard r -: Attest: Carol A. Krager, City Recorder - •4' -' .-sne-- *--A. :e4:-Ae-. .: ti__ 4.4 ( ._ T 1' ,r ...a. 4 A _ - ' _ f A } AIS-4678 5. Business Meeting Meeting Date: 07/13/2021 Length (in minutes): 10 Minutes Agenda Title: CONSIDER RESOLUTION APPOINTING MEMBERS TO THE COMMI'ITE FOR COMMUNITY ENGAGEMENT Prepared For: Nadine Robinson, Central Services Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing: No Publication Date: Information ISSUE The City Council may appoint three members to the Committee for Community Engagement to fill current vacancies. STAFF RECOMMENDATION /ACTION REQUEST The team recommends the City Council approve a resolution to appoint Committee for Community Engagement members. KEY FACTS AND INFORMATION SUMMARY The Committee for Community Engagement by-laws allow for up to 15 members.The committee has three vacancies due to the expiring term limits. In April, the city recruited for new members through the city's website and social media.The city received six applications for the committee. Councilor Newton and Central Services Director Robinson interviewed the six applicants for the vacant seats. Following the interviews,they recommended reappointment of David Hanna and appointment of Shaila Kotadia and Kristi Allen to four-year terms. OTHER ALTERNATIVES City Council could choose not to appoint the recommended candidates and direct staff to reopen the recruitment. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The Committee for Community Engagement's responsibilities are oversight, accountability and policy direction on program design for citywide community engagement activities.This includes reviewing, commenting and making recommendations on specific plans for community input, feedback, education and information. These responsibilities directly support Strategic Plan Priority 1.3 (b): Provide information and communication methods in various formats that are accessible and easy to understand for every customer, and City Council Goal 4: Enhance two-way communication to understand community priorities and involve the community in the decision-making process. DATES OF PREVIOUS COUNCIL CONSIDERATION City Council appointed three new members in January 2021. Attachments Resolution to appoint Applicant bios r ..... _ ._.__, .____.,_...._..._- CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION REAPPOINTING DAVID HANNA AND APPOINTING SHAILA KOTADIA AND KRISTI ALLEN AS MEMBERS OF THE COMMr1`1'hE FOR COMMUNITY ENGAGEMENT. WHEREAS, the bylaws of the Committee for Community Engagement call for appointing up to 15 members to the committee;and WHEREAS, the committee currently has 12 standing members,with three vacancies to be filled by eligible applicants who reside, own property, own a business or work within the City of Tigard's Urban Services Boundary;and WHERAS, committee liaison Councilor Liz Newton and staff liaison Nadine Robinson interviewed six applicants for the committee vacancies,and WHEREAS,Councilor Newton and Director Robinson recommend the Council re-appoint David Hanna and appoint Shaila Kotadia and Kristi Allen to the committee. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: David Hanna is reappointed to the Committee for Community Engagement as a member for a four-year term,effective July 13,2021 through July 12,2025. SECTION 2: Shaila Kotadia is appointed to the Committee for Community Engagement as a member for a four-year term,effective July 13,2021 through July 12,2025. SECTION 3: Kristi Allen is appointed to the Committee for Community Engagement as a member for a four-year term,effective July 13,2021 through July 12,2025. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard AT1'JST: City Recorder-City of Tigard RESOLUTION NO.21- Page 1 4 MEMORANDUM TIGARD TO: Mayor Jason Snider and City Council FROM: Councilor Liz Newton and Central Services Director Nadine Robinson RE: Appointment recommendations for the Committee for Community Engagement DATE: June 28, 2021 In May, the city advertised for three openings on the Committee for Community Engagement (CCE) created by member terms expiring. Six applications were received during the recruitment. Councilor Newton and Central Services Director Robinson interviewed the six applicants. The applicant pool for the committee was,again,very good. There was diversity in age,gender, race and geographic location. Our recommendations for appointment are: 1. Shaila Kotadia. She is a new homeowner in Tigard who is interested in learning about, and growing with, the community. Her professional background is in education, specifically in the field of justice, equity,diversity and inclusion. She indicated she brings that perspective to everything she does. We especially appreciated Shaila's comments that the city's work needs to be done with the community and should focus on relationship building. Shaila noted it is important that the city ensure people have a sense of agency. She is willing to engage both on a one-on-one level and with groups. 2. Kristi Allen.A two-year Oregon resident,lives within the urban services boundary just outside of the Tigard city limits Her professional background is in communications. Her current work with Intel is focused on corporate responsibility,diversity and inclusion, social equity, and tech policy.Kristi indicated she will bring an understanding of how to communicate to the committee's work. She knows the tools that are available and is good at designing personas— targeting audiences and speaking their languages. Kristi will also bring her ability to balance high-level strategic vision with the input from the community to help the city's vision come to life. 3. David Hanna. He is the current chairperson of the Committee for Community Engagement. He reapplied for the committee because he likes the direction the committee is heading. Dave wants to be part of implementing subcommittees, especially in the area of DEI. He would also like to see the committee involved in the front-end of communications so they can help shape the messaging.Dave has a strong background in governance. He is experienced in managing meetings and likes to create space for everyone to contribute. Dave indicated he will continue to engage and inform the community through conversations and email. The Committee for Community Engagement Bylaws allow for up to 15 members and do not establish a minimum number of members. Our recommendation is to appoint the applicants for four years each. AIS-4669 6. Business Meeting Meeting Date: 07/13/2021 Length (in minutes): 30 Minutes Agenda Title: Public Safety Advisory Board Update Prepared For: Eduardo Ramos, City Management Submitted By: Carol Krager, Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE The Public Safety Advisory Board is providing a quaterly update on their work over the last few months (April June).The Board continues its progress toward their June 2022 deadline. STAFF RECOMMENDATION /ACTION REQUEST Provide feedback and guidance to the Board for continued progress toward their June 2022 deadline. KEY FACTS AND INFORMATION SUMMARY City Council approved the Public Safety Advisory Board's (PSAB) Work Plan and Topic Schedule on March 23, 2021. They have continued to meet every second and fourth Monday of the month to reevaluate and review public safety practices in Tigard. Their mission is to: "Improve the lived experience of all people in Tigard so that everyone enjoys the same safety and privilege through a comprehensive review of the practices and procedures in the City police department,municipal court, and social justice initiatives." PSAB Chair John Trinh and Vice Chair Valerie Sasaki are reporting on the topics covered by the Board which include Body Worn Cameras,Police Officer Hiring and Training.The Board has learned about these topics through presentations by the Tigard Police Department.They have been given opportunities to provide feedback and recommendations for improving public safety in Tigard. The Board accomplishments April—June: •Centering Racial Equity and Anti-Racism at the beginning of every meeting. •Support for expansion of Body Worn Camera Program. •Continued review of the Body Worn Camera policy. •Learning about the Tigard Police Department. •Recommending a City Council resolution for AAPI support and awareness. •Ongoing community engagement via Farmer's Market and individual conversations. City Council appointed one voting member and one alternate to the PSAB during the last quartet OTHER ALTERNATIVES Alternative 1: Request additional accomplishments. Alternative 2: Recommend work on specific topics/issues. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard: An equitable community that is walkable,healthy, and accessible for everyone. Priority 1, Objective 1.1,Action C: Promote a values-driven organizational culture that reinforces inclusion and ethical behavior, exercises transparency and maintains the public trust. Priority 1, Objective 1.2,Action C:Apply an equity lens to evaluate proposed solutions. Priority 1, Objective 1.4,Action A: Intentionally create an environment that fosters participation from all members of our community. Priority 1, Objective 1.4,Action C: Build authentic relationships and partnerships through city initiatives. 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. DATES OF PREVIOUS COUNCIL CONSIDERATION March 23,2021: City Council approval of PSAB Work Plan and Topic Schedule. Attachments No files)attached. i `-k* • c..! k r .W., - fit ' • �kk; �i it''... - c7 _ v msw f :-• •r T r. :-• rte'J`" 4 Via•* i,'titi- . r l r �_ ln l,.a • * T { ,r. (- 44 *••f 's r • ' C4 Zi 1 r-1 ,-'''—:._.V:'.- e`47:- O4 Li c CD tiri ��• N = �. ill c- 4 N .11•_ >` _ --2.41 ti "4"44-.4'.' * i C.,) „. illsF t-- irlib*.. /4, iii„, _. . ..,,,. ..,. .. ... .” . Ivil ,,,,.,.....,...., kik:t...,.....:„ .. . . .„... ._.:.. Ai., ,. . r ' 'moi 4i. 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V=. -0 C._ x...nz A.*'.-, i.i y 1. 10 0 .... . __7 1 t 4... WPimici,...4, .,40,-1111*111-::# „: . • 1 r . -. .'� �..r■ : „ . . . ..., ,. . :._ _,.• ...i.p_ ....4...._..ax-,.......m„.. ,., ....... . ..._ ... ........ 1 .4%., .. z t _71, .....,......:4 , . . . ..• ....;.,_ . .._ ,i....„. .. . ...... . h ..::: . ;:•. .....4.46.. _..-. . 144 (1 :. -' , + * "% .V r ! (~ AIS-4652 7. Business Meeting Meeting Date: 07/13/2021 Length (in minutes):60 Minutes Agenda Title: QJPH: OR217 Auxiliary Lanes Comprehensive Plan Amendment and Sensitive Lands Review, Case File Nos. CPA2020-00003, SLR2020-00010 Prepared For: Monica Bilodeau, Community Development Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing- Quasi-Judicial Public Hearing: Yes Publication Date: r--- Information ISSUE The Oregon Department of Transportation (ODOT) is requesting a Comprehensive Plan Amendment (CPA) to the 'Wetland and Stream Corridors Map" and a Sensitive Lands Review for the proposed Oregon Highway 217(0R217) Auxiliary Lanes Project. ODOT proposes adding auxiliary lanes to OR217 north and southbound between 99W and SW Greenburg Road. This results in impacts to 0.78 acres of Tigard significant wetland and 4.67 acres of Tigard significant wetland buffer (vegetated corridor) covering mostly the existing OR217 travel lanes. The total area requested for removal from the significant wetlands inventory is 5.45 acres. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends that City Council find that the proposed Comprehensive Plan Amendment 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 the staff report. Staff recommends City Council approve the proposed amendment along with the sensitive lands review. The Planning Commission held a hearing on June 21,2021 and voted unanimously to recommend that the City Council adopt by ordinance the proposed Comprehensive Plan Amendment, thereby removing 5.45 acres from the significant wetlands inventory described in the "Tigard Wetland and Stream Corridor Map"through the public hearing process. KEY FACTS AND INFORMATION SUMMARY Background: OR217 is a two-lane directional urban expressway on the National Highway System (NHS).Within the Project area, the annual average daily traffic (ADT)is approximately 120,000 vehicles per day,with traffic evenly distributed between NB and SB directions. OR217 has nine closely spaced interchanges,which contribute to conflicts between entering and exiting traffic, particularly during peak commute times.This interchange spacing leads to suboptimal performance and a high accident rate. ODOT proposes adding auxiliary lanes to OR217 to manage the existing freeway. Vicinity: Land uses surrounding the Project are primarily warehouse,light manufacturing, commercial,including the Washington Square regional shopping center, and single and multi-family residential.Many wetland and low-lying areas are filled by development,with remnant wetlands remaining around the creeks. Open spaces are generally wetlands and/or riparian corridors.While most of the surrounding area is developed,there are numerous small wetlands within the OR217 ROW and large wetland complexes adjacent to both the east and west sides of the OR217 corridor. Creeks and streams,including a tributary of Ash Creek,Ash Creek, and Red Rock Creek, are located adjacent to and within the Project area.Large wetland complexes are also located on the east and west sides of the OR217 corridor. Comprehensive Plan Amendment Request: ODOT is requesting a CPA to remove Tigard significant wetlands from the Wetlands and Stream Corridor map (Goal 5 Resources) impacted by the Project and existing OR217 improvements.The City does not allow any landform alterations or developments within or partially within a significant wetland, except as approved pursuant to TDC Section 18.510.100,which specifies that a CPA is required to allow impacts to mapped significant wetlands and certain buffer areas (vegetated corridors) referred to in this application as a Buffer/VC. ODOT requests include removal of 33,000 SF of functional significant wetlands impacted by the Project improvements and removal of 203,700 SF of mapped significant wetlands that no longer exist due to existing OR217 improvements. Mitigation: ODOT will provide mitigation for impact areas of the proposed Project to ensure that the Project does not create a net loss of significant wetland function and values. Mitigation for existing impacts areas requested for removal from the map is not required and is not being proposed.Mitigation includes a combination of wetland mitigation bank credits and mitigation at the Project site. Table 1: Proposed Project Significant Wetland Impacts and Mitigation Strategy Buffer/VC Total Wetland* Mitigated Buffer/VC Significant Wetland Impact Mitigated at Through Mitigated at Area (SF)Bobcat Marsh Mitigation Project Site (SF) Banking (SF) (SF) Total Impact Area 33,800 -- -- -- Mitigation Areas 23,960 4,240 5,520 Mitigated Areas -- 33,720** Combined Additional 10 percent of Total 3,380 Impact Area for This will be mitigated onsite with revegetation. Public Benefit Total Mitigation 37,100 Area ODOT will purchase wetland mitigation bank credits to replace the functions and values of the wetlands lost due to Project impacts.The bank credits will be purchased from the Bobcat Marsh Wetland Mitigation Bank located at the Jackson Bottom Wetlands Preserve in the Tualatin Watershed. The location of the mitigation bank is within the same watershed as the Project area,which complies with USAGE and DSL mitigation requirements.All mitigation onsite will follow Clean Water Services guidelines and be overseen by CWS. OTHER ALTERNATIVES Not approve the request,which would maintain current Goal 5 prohibition on development. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Staff Report ESEE Powerpoint Presentation ODOT Presentation AgendaQulck©2005-2021 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21- AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT, CPA2020-00003, TO REMOVE 5.45 ACRES OF LOCALLY SIGNIFICANT WETLANDS FROM THE "TIGARD WETLAND AND STREAM CORRIDOR MAP"INVENTORY. 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 5.45 acres of significant wetlands on the subject property; and WHEREAS, on June 22, 2021, the Tigard Planning Commission held a public hearing, which was noticed in accordance with city,standards and recommended approval of the proposed CPA2020-00003/SLR2020-00010 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/ SLR2020-00010,to hear public testimony,and apply applicable decision-making criteria;and WHEREAS,Council's decision to approve CPA2020-00003/SLR2020-00010 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 CPA2020-00003/SLR2020-00010. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment and Sensitive Lands Review (CPA2020-00003 and SLR2020-00010)is hereby approved. ORDINANCE No.21- Page 1 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 71 ) CITY COUNCIL lr FOR THE CITY OF TIGARD, OREGON T 1 GA R 120 DAYS = NA SECTION I. APPLICATION SUMMARY FILE NAME: OR 217 AUXILARY LANES CASE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) CPA2020-00003 SENSITIVE LANDS REVIEW (SLR) SLR2020-00010 REQUEST: The Oregon Department of Transportation (ODOT) is requesting a Comprehensive Plan Amendment (CPA) to the 'Wetland and Stream Corridors Map" and a Sensitive Lands Review for the proposed Oregon Highway 217(0R217) Auxiliary Lanes Project. ODOT proposes adding auxiliary lanes to OR217 north and south bound between 99W and SW Greenburg Road. This results in impacts to 0.78 acres of Tigard significant wetland and 4.67 acres of Tigard significant wetland buffer (vegetated corridor) covering mostly the existing OR217 travel lanes. The total area requested for removal from the significant wetlands inventory is 5.45 acres. APPLICANT: Kelly Martin Region 1 Transportation Oregon Department of Transportation 123 NW Flanders Street Portland, OR 97209 Phone:(503-731-3001) Email: kelly.r.martin@odot.state.or.us APPLICANT'S REP: Donna Robinson, DOWL LLC 5000 Meadows Road,Suite 420 Lake Oswego, OR 97035 Phone: (503) 314-8391 Email: drobinson@dowl.com PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 OR217 AUXILARY LANES CPA PAGE 1 OF 11 LOCATION: 1S135AC4800 1 S135DA1400 1S135DA3800 1 S135DA3900 1 SI35DA1500 1 SI35DA4000 1 S127DD 100 1 S135DA1600 1 S 135DA500 1 S 135AC 101 1 S 135DA1900 1 S 136CC400 1S135AC2500 1S135DA2000 1S135BD300 1S135AC2800 1 S135DA2500 1S135DA2100 1 S 135AD 1600 1 S 13 5DA2600 1 S 135AD 1400 1 SI35BA3300 1S135DA2200 1S135DA1401 ZONE/ COMP PLAN DESIGNATION: CG, CP,IL,MUG,MUE,MUE-1,R4.5,R12,R25 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter: 18.510. SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends to the Tigard City Council APPROVAL of the Comprehensive Plan 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 MonicaBtigarr .The cover letter must clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work ODOT will send in proof to the City that all necessary permits from USAGE,the DSL,and CWS have been obtained. SECTION III. BACKGROUND INFORMATION OR217 is a two-lane directional urban expressway on the National Highway System(NHS).Within the Project area, the annual average daily traffic (ADT) is approximately 120,000 vehicles per day, with traffic evenly distributed between NB and SB directions. OR217 has nine closely spaced interchanges,which contribute to conflicts between entering and exiting traffic, particularly during peak commute times. This interchange spacing leads to suboptimal performance and a high accident rate. ODOT together with Washington County, Beaverton, Tigard, Hillsboro, Lake Oswego, Tualatin, and Metro have spent many years conducting extensive planning studies and identifying recommendations for OR217 that would enhance mobility and safety. The ODOT 2018 Portland Region Traffic Performance Report (OR 217 Sections) (Appendix 0) states, "The region is facing an increase in congestion along PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 OR217 AUXILARY LANES CPA PAGE 2 OF 11 • its freeway corridors. The results of this congestion are worsening safety issues and reduced system reliability.".As the state agency responsible for maintaining Oregon's highway system, ODOT received $98 million for this Project through House Bill 2017, or the Keep Oregon Moving bill, which is directly funding the proposed safety improvements. To address regional safety and mobility needs,ODOT is focusing on low-cost,effective, and immediate solutions to improve specific bottleneck locations. ODOT proposes adding auxiliary lanes to OR217 as a continuing part of a cost-effective approach,to improve and effectively manage the existing freeway. This improvement package works to address recurring bottlenecks and to reduce conflicts and accidents,while also improving reliability and mobility. The Project improvements are not intended to address capacity-related congestion problems but rather provide immediate and long-term safety improvements at bottleneck locations. Proposed Improvements in Tigard: Based on the January 8,2020 preliminary Project plans,the primary elements in the City of Tigard include,but are not limited to,the following: • Extension of auxiliary lanes on OR217 NB from just south of OR99W to just north of SW Greenburg Road, and on SB OR217 from the SW Greenburg Road entrance ramp to the OR99W exit ramp. • Minor realignment of entrance and exit ramps. • Replacement of the overcrossing structure at SW Hall Boulevard to accommodate the OR217 widening. Located between SW Greenburg Road and OR99W,the new SW Hall Boulevard structure will span the NB and SB travel lanes of OR217.Associated modifications will be made to the intersection of SW Pfaffle Street and SW Hall Boulevard. Construction activities within the City will include,but are not limited to,the following • Adding auxiliary lanes to OR217 in both the NB and SB direction • Modifying signals and implementing ADA related improvements where necessary • Installing retaining walls • Installing sound walls • Paving improvements • Installing signs and sign structures • Installing stormwater treatment facilities • Installing light poles and fixtures The Project will primarily occur within the existing OR217 ROW with some additional ROW acquisition. Because the OR217 corridor is constrained by adjacent development and design limitations associated with expanding an existing facility,the opportunity for avoiding impacts to adjacent resources is limited. Vicinity: Land uses surrounding the Project are primarily warehouse,light manufacturing,commercial,including the Washington Square regional shopping center,and single and multi-family residential.Many wetland and low-lying areas are filled by development,with remnant wetlands remaining around the creeks. Open spaces are generally wetlands and/or riparian corridors. While most of the surrounding area is developed,there are numerous small wetlands within the OR217 ROW and large wetland complexes adjacent to both the east and west sides of the OR217 corridor. There are numerous small wetlands within the OR217 ROW and large wetland complexes adjacent to the east and west sides of the highway corridor. Creeks and streams,including a tributary of Ash Creek,Ash Creek, and Red PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 OR217 AUXILARY LANES CPA PAGE 3 OF 11 Rock Creek, are located adjacent to and within the Project area.Large wetland complexes are also located on the east and west sides of the OR217 corridor. Comprehensive Plan Amendment Request: ODOT is requesting a CPA to remove Tigard significant wetlands from the Wetlands and Stream Corridor map (Goal 5 Resources)impacted by the Project and existing OR217 improvements.The City does not allow any landform alterations or developments within or partially within a significant wetland,except as approved pursuant to TDC Section 18.510.100,which specifies that a CPA is required to allow impacts to mapped significant wetlands and certain buffer areas (vegetated corridors)referred to in this application as a buffer/VC. ODOT requests include removal of 33,000 SF of functional significant wetlands impacted by the Project improvements and removal of 203,700 SF of mapped significant wetlands that no longer exist due to existing OR217 improvements. Mitigation: ODOT will provide mitigation only for impact areas of the proposed Project to ensure that the Project does not create a net loss of significant wetland function and values.Mitigation for existing impacts areas requested for removal from the map is not required and is not being proposed.Mitigation includes a combination of wetland mitigation bank credits,mitigation at the Project site,and buffer mitigation through wetland mitigation credits. ODOT will purchase wetland mitigation bank credits to replace the functions and values of the wetlands lost due to Project impacts. The bank credits will be purchased from the Bobcat Marsh Wetland Mitigation Bank located at the Jackson Bottom Wetlands Preserve in the Tualatin Watershed.The location of the mitigation bank is within the same watershed as the Project area,which complies with USACE and DSL mitigation requirements. Table 1:Proposed Project Significant Wetland Impacts and Mitigation Strategy Buffer/VC Total Wetland*Mitigated Mitigated Through Buffer/VC Significant Wetland Impact at Bobcat.Marsh Mitigated at Project •Area(SF) (SF) Mitigation Banking Site(SF) Total Impact Area 33,800 -- -- -- Mitigation Areas 23,960 4,240 5,520 -- Mitigated Areas Combined 33,720** Additional 10 percent of Total Impact Area for -- 3,380 Public Benefit Total Mitigation Area -- 37,100 **80 SF ofpermanent encroachment into buffer/VC for a stormwater outfall is not included in Mitigated Areas Combined as compared to Total Impact Area because it it an allowed use not requiring mitigation per section 3.05.6 of the current CVS Design and Construction Standards. SECTION 1V. 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 June 1, 2021. No comments were received prior to the hearing. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 0R217 AUXILARY LANES CPA PAGE 4 OF 11 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 18.510 Sensitive Lands 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 The proposed auxiliary lanes are considered motor vehicle rights-of-way and therefore not a regulated use. No development standards apply. 18.120 COMMERCIAL ZONES 18.120.020 List of Base Zones The proposed auxiliary lanes are considered motor vehicle rights-of-way and therefore not a regulated use through base zone standards. No development standards apply. 18.510 SENSITIVE LANDS 18.510.070 Sensitive Lands Applications. B.Within a special flood hazard area. No development is taking place within the FEMA floodway along Ash Creek.Roadway embankment and retaining wall work along NB OR217 and a new stormwater outfall along SB OR217 is limited to the floodplain fringe for Ash Creek.No floodway is defined for Red Rock Creek,but similar to Ash Creek,the NB OR217 roadway embankment work is limited to the edge of the floodplain and is outside the limits of the City of Tigard drainageway.No SB work is taking place in the Red Rock Creek floodplain or drainage way.As demonstrated by the hydraulic model for the project,the proposed development will create no rise in the base flood elevation (B14E) within the floodplain or floodway of Ash Creek or the floodplain and drainage way of Red Rock Creek.See Appendix K,within the Applicant materials,Draft Hydraulic Technical Memorandum,certified by a registered professional engineer,for additional details.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; The only steep slopes,impacted by the Project are engineered embankments that were constructed in conjunction with the existing OR 217 improvements. No natural slopes greater than 25 percent would be impacted by the Project. The Project must occur adjacent to the existing highway infrastructure and avoidance of these engineered PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 OR217 AUXILARY LANES CPA PAGE 5 OF 11 embankments is not possible. Existing and new embankments will be placed and or modified consistent with current highway design standards and practices. Existing embankments will not be disturbed unless necessary for construction of the Project improvements. This standard is met. 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; The steep engineered slopes in the Project area will be designed and constructed for stability and protection from erosion.The Project improvements will not cause impacts to these slopes that would create erosion,instability or other adverse on-site and off-site effects or hazards to life or property.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 Project will not involve any habitable structures with foundations or crawl spaces.Retaining walls constructed with the Project will follow the recommendations of the geotechnical engineer to ensure that they meet structural stability and integrity design requirements.This standard is met. 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". The steep slopes in the Project area will be replanted or otherwise protected in compliance with CWS Design and Construction Standards.This standard is met. D.Within drainageways 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; The Project will minimize site disturbances to the greatest degree possible while achieving the purpose of the Project.This standard is met. 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; Sedimentation,erosion control, and re-vegetation plans will be designed consistent with local/state/federal requirements and ODOT's 1200-CA erosion control permit.This standard is met. 4. The water flow capacity of the drainageway is not decreased; There is one drainageway within the Project area;the culvert crossing under OR217 at Red Rock Creek.The Project will not modify this crossing and will maintain its current capacity. See Appendix K for drainageway capacity information,certified by a registered professional engineer, for additional details.This standard is met. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 OR217 AUXILARY LANES CPA PAGE 6 OF 11 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. Sedimentation,erosion control,and re-vegetation plans will be consistent with local/state/federal requirements and ODOT's 1200-CA erosion control permit.This standard is met. 6. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in compliance with Clean Water Services requirements and the city's adopted stormwater master plan; There is one drainageway within the Project area;the culvert crossing under OR217 at Red Rock Creek.The Project will not modify this crossing and will maintain its current capacity.Additional site drainage will meet CWS and City of Tigard stormwater standards. See Appendix K for drainageway capacity information,certified by a registered professional engineer, for additional details. 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; Consistent with this provision,ODOT will obtain necessary permits from USACE,the DSL,and CWS prior to project construction.As conditioned standard is met. 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area will include portions of a suitable elevation for the construction of a pedestrian or bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. There are no identified Transportation System Plan or Greenways Trail Systems Master Plan projects in the portion of the special flood hazard area impacted by project improvements.Project improvements to the special flood hazard area do not preclude the construction of such trails in the future.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; The project complies with all applicable requirements of this Title as demonstrated in the other findings in this section of the staff report. A portion of the proposed land form alteration is located within wetlands and buffer areas designated as significant wetlands.The proposal is not in compliance with Criterion E.2 but the Sensitive Lands Chapter does allow some development within Significant Wetlands through Section 18.510.100,Plan Amendment Option.This Criterion is not met but the application may be approved through that alternate procedure. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 OR217 AUXILARY LANES CPA PAGE 7 OF 11 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; The Project design will avoid and minimize site disturbances to the greatest degree practicable. 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; The Project will occur with minimal encroachment occurring outside of the existing OR217 ROW. No change in on-site or off-site drainage that would adversely impact wetland characteristics is anticipated. The Project will result in impacts to significant,jurisdictional,and non-jurisdictional wetlands. ODOT is proposing to reduce the impacts and mitigate for the loss of the significant wetland areas,and will use a combination of avoidance measures, BMPs, and mitigation strategies. ODOT is also proposing to provide an additional ten percent of the total mitigation required for public benefit (3,380 SF),which brings the total mitigation to 37,180 SF. 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 1).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; 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), 18.510.080 and 18.510.100 (Locally Significant Wetlands).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 PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 0R217 AUXILARY LANES CPA PAGE 8 OF 11 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 5.45 acres of significant wetlands to allow the highway improvements. This request is addressed in the following section. 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 1V 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. The applicant submitted an ESEE analysis dated March 2021 (Attachment 1 of Application) prepared in accordance with OAR 60-23-040, to justify removal of Goal 5 protection from 5.45 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 ODOT has described the consequences of the proposed conflicting use and has noted that the proposal is for specific safety transportation improvements for an existing highway, and there are no other comparable sites that exist within the Tigard Planning Area that can provide an alternative site with fewer impacts. 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 described in the ESEE analysis, ODOT has considered the economic consequences of prohibiting,limiting, and allowing the construction of the proposed safety improvements to OR217. The Project will improve safety and in turn reduce accidents that cause delays, as discussed in the ODOT Draft Traffic Analysis Reports for the Northbound and Southbound OR217 Auxiliary Lane Project.As stated in the ODOT Northbound Traffic Analysis Report, 'With the addition of the Project,mainline crashes along the analyzed segments are projected to reduce, as compared to the Future 2043 No-Build." A reduction in delays as a result of the Project is anticipated to have a positive economic benefit of increased mobility, reduced delays and improving travel time for commercial and PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 0R217 AUXILARY LANES CPA PAGE 9 OF 11 freight users, as well as noncommercial users traveling throughout the full OR217 corridor. Congestion and travel delays are a negative impact to commercial and freight users, as well as to businesses, services and manufacturing facilities located inside and outside of the OR217 corridor (See Appendix 0, ODOT 2018 Portland Region Traffic Performance Report [OR 217 Sections)). The Traffic Performance Report Fact Sheets summarizes these traffic impacts and the hours of congestion and crashes,and daily cost of delay due to congestion. Reduced mobility, extended travel times, and delays in delivering materials and services create negative economic impacts,not only for a variety business-related trips,but also for companies operating on a"just in time"work flow of delivery of materials for manufacturing and distribution. In addition,prohibiting the conflicting uses would have negative impacts on economic growth due to the lack of new construction jobs and the associated demand for supporting services that would occur with project construction. The ESEE concluded that limiting the conflicting use justifies the partial loss of significant resources based on adverse economic consequences. 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 conflicting use (construction of auxiliary lanes and ancillary highway improvements) is a safety improvement that is critical to the safe operation of the existing OR217 facility. The construction of the auxiliary lanes cannot occur in an alternative location on other buildable land and meet the safety improvement program for OR217. Further, auxiliary lanes are coincident to the existing facilities and must be constructed on their proposed alignments. Functionally, the proposed improvements are required to benefit and improve the safety, health, and welfare of the traveling public using OR217.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; A qualified team consisting of two.senior land use planners and environmental scientists qualified in their respective fields and with experience compiling such analyses prepared the ESEE analysis provided in Attachment 1. 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. 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. https://www.oregon.gov/odot/Projects/Praiect%20Documents/2018TrafficPerfomanceRei,ort factsheet.pdi PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 011217 AUXILARY LANES CPA PAGE 10 OF 11 SECTION VIII._ STAFF ANALYSIS, CONCLUSION, 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 adding auxiliary lanes at 99W and SW Greenburg Road on south and northbound OR217 in Tigard. 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 OR217 improvements would result in the most positive consequences of the three decision scenarios. A decision to limit the conflicting use will avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting use. ODOT's project design to avoid and minimize impacts to significant wetlands to the greatest extent possible, together with proposed mitigation, enhancement, BMPs used during construction and additional water quality mitigation equal to 10 percent of the total mitigation, provides a public benefit that would significantly offset the amount of significant wetland impacts, while contributing to increased public safety,health and welfare RECOMMENDATION As demonstrated by the findings above,the Planning Commission by a unanimous vote in-favor of the proposed Comprehensive Plan Amendment 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 5.45 acres from the significant wetlands inventory described in the "Tigard Wetland and Stream Corridor Map"through the public hearing process. Attachments: Attachment 1:Applicant's ESEE Analysis lune 23,2021 PREPARED BY: Monica Bilodeau Associate Planner '� z" June 23, 2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2020-00003 OR217 AUXiLARY LANES CPA PAGE 11 OF 11 OR217: Auxiliary Lanes Project Tigard, Oregon Environmental,Social, Economic and Energy Analysis March 2021 Oregon Department of Transportation, Region 1 123 NW Flanders Street Portland, OR 97209 Contact: Kelly Martin, Project Manager Phone:503.581.3001 Prepared by: DOWL 5000 Meadows Road, Suite 420 Lake Oswego,Oregon 97035 19-0576 D W �, This page intentionally left blank. OR217:Auxiliary Lanes Project Environmental, Social, Economic,and Energy Analysis March2021 TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Overview of Request 1 1.2 Project Historyand Background 2 1.3 Project Description 3 1.3.1 Project Elements within the City of Tigard ESEE Analysis Area 4 1.3.2 Construction activities within the City of Tigard 4 1.4 Description of the Conflicting use 4 2.0 ESEE ANALYSIS 6 2.1 ESEE Analysis Requirements 6 2.2 Existing Local Protections 6 2.3 ESEE Analysis Area Description 7 2.3.1 Existing Conditions 7 2.3.2 Site Alterations 7 2.3.3 Significant Wetland Descriptions 8 2.4 Proposed Mitigation 13 2.4.1 Wetland Mitigation Bank Credits 14 2.4.2 Vegetated Corridor Mitigated Through Mitigation Banking 14 2.4.3 Mitigation at the Project Site 14 2.4.4 Additional Mitigation/Water Quality 15 2.4.5 Best Management Practices 15 2.4.6 Avoidance Measures 15 2.4.7 Proposed Mitigation Summary 16 3.0 SITE SPECIFIC ESEE ANALYSIS 17 3.1 Economic Consequences 18 -- 3.1.1 3.1.1 Prohibiting Conflicting Use(Full Protection) 18 3.1.2 Limit Conflicting Use(Limited Protection) 18 3.1.3 Allowing Conflicting Use(No Protection) 19 3.2 Social Consequences 19 3.2.1 Prohibiting Conflicting Use(Full Protection) 19 3.2.2 Limit Conflicting Use(Limited Protection) 20 3.2.3 Allowing Conflicting Use(No Protection) 20 3.3 Environmental Consequences 21 Page i OR217:Auxiliary Lanes Project Environmental, Social, Economic, and Energy Analysis March2021 3.3.1 Prohibiting Conflicting Use(Full Protection) 21 3.3.2 Limit Conflicting Use(Limited Protection) 21 3.3.3 Allowing Conflicting Use(No Protection) 21 3.4 Energy Consequences 22 3.4.1 Prohibiting Conflicting Use(Full Protection) 22 3.4.2 Limit Conflicting Use(Limited Protection) 22 3.4.3 Allowing Conflicting Use(No Protection) 22 3.5 Conclusion 23 3.6 Recommended Decision 24 Page ii 0R217:Auxiliary Lanes Project Environmental,Social, Economic,and Energy Analysis March 2021 ACRONYMS&ABBREVIATIONS ADA Americans with Disabilities Act ADT average daily traffic BMP best management practices City City of Tigard CPA Comprehensive Plan Amendment CWS Clean Water Services DCS Design and Construction Standards DLCD Oregon Department of Land Conservation and Development DSL Oregon Department of State Lands ESEE economic,social,environmental,and energy GIS geographic information system HUC Hydrologic Unit Boundary NB northbound NHS National HighwaySystem OAR Oregon Administrative Goal ODOT Oregon Department of Transportation OR10 Oregon Highway 10 OR217 Oregon Highway 217 OR99W Oregon 99W PEM Palustrine Emergent R&O Resolution and Order ROW right-of-way SB southbound SF square feet TDC Tigard Development Code USACE United States Army Corps of Engineers Page iii OR217:Auxiliary Lanes Project Environmental,Social, Economic, and Energy Analysis March 2021 This page intentionally left blank. Page iv OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 1.0 INTRODUCTION 1.1 Overview of Request The Oregon Department of Transportation (ODOT/Applicant) is requesting a Comprehensive Plan Amendment (CPA) to the "Wetland and Stream Corridors Map" and a Sensitive Lands Review for the proposed Oregon Highway 217 (0R217):Auxiliary Lanes Project(hereinafter referred to as"the Project"), and for existing improvements of OR217 within the City of Tigard (City). The project area for existing improvements and the Project is along OR217 between Oregon Highway 10(OR10) and Oregon Highway 99W (OR99W). (Figure 1 - Application Area and Vicinity Map).This request will allow removal of the "significant" designation from impacted portions of significant wetlands, which are Statewide Planning Goal 5 Resources,located within the OR217 northbound (NB) and southbound (SB) right-of-way(ROW). The City does not allow any landform alterations or developments within or partially within a significant wetland, except as approved pursuant to Tigard Development Code (TDC) 18.510.080 and with a concurrent Comprehensive Plan Amendment as authorized under TDC 18.510.100. As described in TDC 18.510.100, the City allows applicants to remove Goal 5 protection of mapped significant wetlands through one of two options;an economic,social,environmental,and energy(ESEE)analysis that considers the consequences of allowing,limiting or prohibiting the proposed conflicting use,or a second option, which demonstrates that the wetland no longer meets the significance threshold as defined in the Goal 5 administrative rule.ODOT is pursing option 1,the ESEE analysis for the CPA. ODOT is requesting removal of the "significant" designation from 33,800 SF of functional significant wetlands impacted by the Project improvements and 203,700 square feet (SF) of mapped significant wetlands that no longer exist due to impacts from existing 0R217 improvements. Table 1 provides a summary of the size of the significant wetlands within the area of the Project,the size of the significant wetland impact areas for the Project and existing OR217,and type of impacts.Figures 6 to 11 show existing conditions with the locations of jurisdictional wetlands (not significant), significant wetlands,Ash Creek,a tributary to Ash Creek,and Red Rock Creek, other project area features and OR217 roadway features. Figures 12 to 15 show the location of impacted areas (Project and existing OR217) of the significant wetlands and the tributary to Ash Creek,and the types of impacts. Figures 16 to 19 show a simplified version with only the impacts areas shown. The CPA would remove the significant designation from only the impacted areas of the significant wetlands and the tributary to Ash Creek. Ash Creek and Red Rock Creek are not impacted by the Project. Page 1 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 Table 1:Significant Wetland Impacts Summary Significant Significant Significant Wetland Wetland Wetland Significant Area impact Area Impact Area Type of Impact— _ Type of Impact— Wetland Within (SF) Proposed (SF)Existing Proposed Project Existing 0R217 Project Project 'OR217 Area(SF) Improvements Improvements Roadway widening, construction of a Roadway asphalt and Wetland S 20,225 5,515 29,150 bioswale for roadway fill slope stormwater treatment, extendingto edge of and stormwater wetland outfalls Wetland) 180 180 3,550 Stormwater pipe Roadway asphalt outfall Roadway widening and Roadway asphalt and WetlandQ 16,150 10,540 15,400 there-alignmentofa roadway fill slope portion of the tributary extendingto edge of to Ash Creek wetland Soundwalland Asphalt and roadway Wetland K 9,851 9,720 21,100 placement of roadway fill slope extending to fill edge of wetland Roadway widening, placement of roadway Asphalt and roadway Wetland P 32,800 7,330 85,100 fill and construction of fill slope extending to bioslopes for edge of wetland stormwater treatment Underdrains associated Asphalt and roadway Wetland N 23,805 515 49,400 with adjacent fill slope extendingto bioslopes for edge of wetland stormwater treatment Total 103,011 33,800 203,700 1.2 Project History and Background OR217 is a two-lane directional urban expressway on the National Highway System (NHS). Within the project area the annual average daily traffic(ADT)is approximately 120,000 vehicles per day with traffic evenly distributed between NB and SB directions. OR217 has nine closely spaced interchanges that contribute to conflicts between entering and exiting traffic,particularly during peak commute times.This interchange spacing leads to suboptimal operational performance and a high accident rate. ODOT together with Washington County,the cities of Beaverton,Tigard,Hillsboro,Lake Oswego,Tualatin,and Metro have spent many years conducting extensive planning studies and recommendations for OR217 that would enhance mobility and safety. ODOT is continuing to coordinate with local governments to ensure improvements integrate with the local and regional transportation system.ODOT initially received Page 2 OR217:Auxiliary Lanes Project Environmental,Social,Economic,and Energy Analysis March2021 $98 million for this project in House Bill 2017, or the Keep Oregon Moving bill, which is directly funding the proposed safety improvements To address regional safety and mobility needs, ODOT is focusing on low-cost, effective, and immediate solutions to improve safety issues specific bottleneck locations. To that end, ODOT proposes to add auxiliary lanes to OR217 as a continuing part of a cost-effective approach to improve and effectively manage the existing freeway.This improvement works to address the recurring bottlenecks and to reduce conflicts and accidents,while also improving reliability and mobility. The Project improvements are not intended to address capacity-related congestion problems but rather provide immediate and long-term safety improvements at bottleneck locations. Appendix 0, ODOT 2018 Portland Region Traffic Performance Report(OR217 Sections),provides additional detailed information on OR217. ODOT's stated project purpose is: "The OR217 Auxiliary Lanes Project will improve safety and help prevent bottlenecks on a four-mile stretch of OR217 between Beaverton-Hillsdale Highway and OR 99W.Adding new auxiliary lanes, or on-ramp to off-ramp connections, reduces merging slow-downs and gives drivers more time to make lane changes."2 1.3 Project Description The Project provides an effective solution to improve the bottleneck locations, immediately increase safety, and provide operational and mobility benefits on OR217. Auxiliary lanes will separate slower vehicles entering and exiting the highway from higher speed vehicles and provide drivers with more time to safely change lanes, which results in a reduced number of crashes and enhanced reliability and safety for drivers. Auxiliary lanes also allow for more stable flow of traffic at interchanges. ODOT expects the Project to significantly reduce the number of crashes in the area by separating weaving and merging movements from general highway traffic. ODOT anticipates the Project to provide the following benefits: • Prevent bottlenecks that cause congestion and crashes,which create delays for general travelers and freight and commercial users. • Separate the slower vehicles entering or exiting OR217 from higher speed through traffic continuing travel on the highway. • Allow for more stable flow of traffic at interchanges. • Reduce the number of crashes and related injuries that currently occur in the project area by separating the weaving and merging lane from the through traffic on OR217. 2 ODOT Region 1,OR217 Auxiliary Lanes Project,https://www.oregon.gov/odot/projects/pages/project- detai ls.aspx?project=18841 Page 3 OR217:Auxiliary Lanes Project Environmental,Social,Economic, and Energy Analysis March 2021 1.3.1 Protect Elements within the City of Tigard ESEE Analysis Area Based on the January 8, 2020 Preliminary Plans for the Project (subject to change), elements within the City include, but are not limited to,the following: • Extension of auxiliary lanes on OR217 NB from just south of OR99W to just north of SW Greenburg Road,and on SB OR217 from the SW Greenburg Road entrance ramp to the OR99W exit ramp. • Minor realignment of entrance and exit ramps. • Replacement of the overcrossing structure at SW Hall Boulevard to accommodate the OR217 widening. Located between SW Greenburg Road and OR99W, the new SW Hall Boulevard structure will span the NB and SB travel lanes of OR217.Associated modifications will be made to the intersection of SW Pfaffle Street and SW Hall Boulevard. 1.3.2 Construction activities within the City of Tigard • Adding auxiliary lanes to OR217 in both the NB and SB directions • Modifying signals and implementing Americans with Disabilities Act(ADA)related improvements • Installing retaining walls • Installing sound walls • Paving improvements • Installing signs and sign structures • Installing stormwater treatment facilities • Installing light poles and fixtures The Project will occur within the existing OR217 ROW to the maximum extent possible with minimum encroachment outside of existing ROW. Because the OR217 corridor is constrained by adjacent development and design limitations associated with expanding an existing facility,the opportunity for avoidance of adjacent resources is limited. 1.4 Description of the Conflicting use The Oregon Department of Land Conservation and Development (DLCD) administers Oregon Goal 5 Administrative Rule (OAR) 660-023-000,which states that the purpose of Statewide Planning Goal 5 is, "...to conserve and protect significant Goal 5 natural resources." Goal 5 Administrative Rule OAR 660-023-000 identifies Goal 5 natural resources (e.g., wetlands and riparian corridors) as "significant" based on the relative quality of their ecological functions.The Goal 5 ESEE analysis describes the economic, social, environmental, and energy consequences of allowing, limiting, or prohibiting uses that conflict with the previously documented and protected identified significant wetlands withing the project area. Goal 5 Administrative Rule OAR 660-023-0010 defines 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. 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 Page 4 0R217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 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)). For this ESEE analysis,the conflicting uses are the proposed auxiliary lane and ancillary improvements (stormwater facilities, retaining walls, sound walls, roadway fill etc.)that would impact functioning significant wetlands. Conflicting uses also include existing OR217 improvements that occur within areas mapped as significant wetland(but where no wetland exists). This document focuses only on significant wetlands and does not include a significant habitat evaluation,which is an incentive based,non-regulatory element of the City's regulatoryframework. Page 5 OR217:Auxiliary Lanes Project Environmental,Social,Economic, and Energy Analysis March 2021 2.0 ESEE ANALYSIS 2.1 ESEE Analysis Requirements This ESEE analysis is based on a refined and targeted removal of areas of significant wetlands that are Goal 5 resources and protected.These areas are portions of large wetland complexes. An ESEE analysis evaluates the trade-offs associated with different levels of natural resource protection. As required by the Goal 5 Rule,the evaluation process identifies the consequences of allowing, limiting, or prohibiting conflicting uses in areas containing significant natural resources. Pursuant to the Goal 5 Rule and TDC Section 18.510.100.B, the ESEE analysis requires the following steps: 1. The analysis must consider the ESEE consequences of building 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; 2. The ESEE analysis must demonstrate to the satisfaction of the 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; 3. The 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; 4. The ESEE analysis must 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; 5. If the application is approved, then the ESEE analysis must be incorporated by reference into the Tigard Comprehensive Plan and the "Tigard Wetland and Stream Corridor Map" be amended to remove the site from the inventory. 2.2 Existing Local Protections The Project ROW and adjacent parcels within the application area include the following City of Tigard Zoning designations(Figure 4,Zoning Map): • MUC—Mixed Use Commercial • MUE—Mixed Use Employment • C-P—Professional Commercial • R-4.5—Residential Low Density • C-G—General Commercial • R-12—Residential Medium Density • MUE-1—Mixed Use Employment-1 • R-25—Residential Medium-High • MUR-1—Mixed Use Residential-1 Density Each of these zones defines permitted and prohibited uses, as well as development standards. Overlay zones,plan districts,inventoried hazards,and/or sensitive lands are subject to additional regulations.The requested Comprehensive Plan Map Amendment is subject to a Type Ill Modified review (TDC Section 18.710.080), and development in or near sensitive lands trigger review under the City's Sensitive Lands chapter(TDC Section 18.510).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; • Naturaldrainageways; Page 6 OR217:Auxiliary Lanes Project Environmental, Soda I,Economic, and Energy Analysis March 2021 • Wetland areas which are regulated by the other agencies including the U.S.'Army Corps of Engineers and the Division of State Lands,or are designated as significant wetland on the City of Tigard"Wetland and Stream Corridors Map"; • Steep slopes of 25 percent 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 consideration based on the type and intensity of the impact.The chapter also outlines the process for variance and comprehensive plan amendment requests. With regard to wetlands,sensitive lands were mapped following a wetland inventory. 2.3 ESEE Analysis Area Description 2.3.1 Existing Conditions For this ESEE analysis,the project area is defined as the portion of the Project location within the Tigard city limits and a shown on Figure 1, Project Application Area and Vicinity Map. Land uses surrounding the Project are primarily warehouse, light manufacturing, commercial including the Washington Square regional shopping center and single and multi-family residential. Past development has filled many wetland and low-lying areas.Remaining open spaces are typically wetlands and/or riparian corridors. There are small wetlands within the OR217 ROW and large wetland complexes adjacent to both the east and west sides of the OR217 corridor. Creeks and streams,including Ash Creek,a tributary of Ash Creek and Red Rock Creek are located adjacent to and, in some cases, within the project area. The OR217 Auxiliary Lanes Project Land Use Application provides a list and description of wetlands, creeks, and streams in the project area. OR217 is built on fill material that extends to the edge of many of the existing wetlands along the project area.The proposed project will occur within the existing OR217 corridor with minimal encroachment occurring outside of the existing ROW. Because the OR217 corridor is constrained by adjacent development and due to the design of the proposed project as an expansion of an existing facility, construction must take place immediately adjacent to the existing OR217 facility. The opportunity to design the improvements for further avoidance of significant wetlands and sensitive lands is limited. 2.3.2 Site Alterations The site alteration description is based on readily available historical information and information from the following documents in the Land Use Application: • Appendix G—Clean Water Services (CWS)Service Provider Letter(Clean Water Services, October 2020) • Appendix H—Wetland Delineation Report(ODOT,August 2019) • Appendix I-Wetland Functional Assessment Report(DOWL October 2019) Historic site alterations in the project area include logging and farming followed by urban development and construction of OR217 and the surrounding roadway network. Prior to the 1800s, the area was relatively flat and low lying. Golf, Camille,Fanno,Ash,and Red Rock Creeks meandered through the area and likely had many wetlands associated with them. European settlers logged and farmed the area in the late 1800s and early 1900s. Farmers tiled fields to drain them for farming, straightened streams,and removed large woodlands. Page 7 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 In the 1970s,the area experienced suburban development,including the development of the Washington Square Mall commercial district, which added approximately 90 acres of impervious surfaces.These impervious surfaces drain to Fanno Creek through two small streams:Washington Square Creeks 1 and 2. Developers also built commercial,warehouse, and light manufacturing facilities adjacent to much of the OR217 corridor. Many of these developments filled wetland and low-lying areas. Remnant wetlands remain around the existing creeks. Construction of OR217 in the 1970s altered existing grades and added ditches.These alterations included realigning Fanno Creek to flow south along OR217 for approximately 300 to 400 feet and then under the highway after a sharp 90-degree turn. Construction fill has created a berm on both sides of Fanno Creek blocking water flow from Fanno Creek northward into wetlands that run along the west side of OR217. Golf Creek Tributaries 1 and 2 were also excavated along with associated wetlands to improve drainage around OR217. There are no observed recent site alterations that would affect the presence or distribution of wetlands. 2.3.3 Significant Wetland Descriptions The significant wetlands in this ESEE analysis are Wetlands 5,J, Q, K, P, and N, are shown on Figures 8 to 11, Existing Conditions. Sections of Ash Creek and Red Rock Creek,and a tributaryto Ash Creek are fully contained within significant wetlands. These creeks are addressed as part of each creek's associated significant wetland discussion.These significant wetlands area portion of larger wetland areas that extend outside of the project area.The wetlands outside of the project area do not have field verified boundaries. The boundaries shown are taken from the Tigard Wetland Inventory Map and publicly available geographic information system(GIS)data and may not be shown in their entirety.They are provided to illustrate the approximate location and scale of additional wetland areas in the vicinity of the Project.The buffer width per theTDC included within each of the significant wetland boundary is 50 feet. Technical information for the significant wetlands and buffer/VC is found in the following documents included in the Land Use Application. The documents also provided information for the wetland descriptions in this application: • Appendix G:CWS Service Provider Letter(Clean Water Services,October 2020) • Appendix H:Wetland Delineation Report(ODOT,March 2019,revised August 2019) • Appendix I:Wetland Functional Assessment Report(ODOT,October 2019) • Appendix N: Department of State Lands Wetland Concurrence Letter(October 6,2019) Appendix J includes both the field-verified wetlands and the significant wetland areas as mapped on the Tigard Local Wetland Inventory map. Detailed descriptions of the significant wetlands follow,along with descriptions of the proposed Project impacts for each significant wetland are discussed below. Figures 6 to 11 show existing conditions with the locations of non-significant jurisdictional wetlands,significant wetlands,Ash Creek,a tributary to Ash Creek, Red Rock Creek, and other project area features and OR217 roadway features. Figures 12 to 15 show the location of impacted areas (Project and existing impacts)of the significant wetlands and the tributaryto Ash Creek,and the prosed improvements to OR217,and erosion control measures to be used during construction. Figures 16 to 19 show a simplified version with only the impacts areas shown.The CPA would remove the significant designation from only the impacted areas of the significant wetlands. Ash Creek and Red Rock Creek are not impacted by the Project. Table 1(see above)provide a summary of the size of the significant wetlands,impact areas for the Project and existing OR217,and type of impacts. Page 8 OR217:Auxiliary Lanes Project Environmental,Social,Economic, and Energy Analysis March 2021 Significant Wetland S Significant Wetland S is an approximately 20,225 SF riverine Palustrine Emergent(PEM) wetland that extends on both sides of Ash Creek and is located along 0R217.Oregon ash(Fraxinus latifolia)dominates the canopy with red osier dogwood (Cornus sericea)and willow (Salix sp.) in the shrub layer and reed canary grass (Phalaris arundinacea)and field horsetail(Equisetum arvense)in the herbaceous stratum. Within the project area the buffer/VC consists primarily of mixed tree canopy, a mixture of native and non-native forbs and mowed grasses.The conditions range from good, to marginal and degraded, with most conditions degraded. For the existing OR217 impact area,the significant wetland no longer exists and consists of existing roadway improvements.This wetland has the following function ratings: • "Lower"for Hydrologic Functions because the wetland includes a perennially flowing reach of Ash Creek that does not store or slow runoff • "Lower"for Water Quality Support because the wetland includes a perennially flowing reach of Ash Creek,an aquatic feature that does not store or slow polluted runoff • "Higher"for Fish Habitat because the wetland includes a perennially flowing reach of Ash Creek that is designated ESH by ODFW • "Higher"for Aquatic Habitat because the wetland provides waterbird feeding habitat Project Impact Area: 5,515 SF Impacts will be to the delineated wetland and the buffer/VC including trees,native and non-native forbs,and mowed grasses.Most impacts will occur to the edge of the delineated wetland,in an area with a combination of good and degraded buffer/VC. Project Impacts: • Roadway widening and asphalt,and placement of roadway fill material for grading • Construction of stormwater outfalls • Construction of a bioswale Existing Project Impact Area:29, 150 SF Existing impacts to Significant Wetland S occurred during previous phases of OR217.The significant wetland no longer exists in this location. Existing OR217 Impacts: • Roadway asphalt • Roadway fill slope extending to the edge of Wetland S See Figure 8 for the location of Significant Wetland S and Figures 12 and 16 for the Existing and Proposed Project Impact Areas. Significant Wetland J Significant Wetland is an approximately 180 SF riverine PEM wetland that surrounds Ash Creek after it exits a culvert on the west side of OR217. This wetland is part of a larger wetland complex that extends beyond the project area. Within the project area vegetation is dominated by Oregon ash and English hawthorn(Crataegus monogyna). Wetland J impacts are limited to the approximate area surrounding a storm pipe outfall (180 SF). For the existing OR217 impact area,the significant wetland no longer exists and consists of existing roadway improvements. Page 9 OR217:Auxiliary Lanes Project Environmental,Social,Economic, and Energy Analysis March2021 This wetland has the following function ratings: • "Lower"for Hydrologic Functions because the wetland includes a perennially flowing reach of Ash Creek that does not store or slow runoff • "Higher"for Fish Habitat because the wetland includes a perennially flowing reach of Ash Creek that is designated ESH by ODFW • "Higher" for Aquatic Habitat because the wetland provides relatively high-quality waterbird feeding habitat Project Impact Area: 180 SF Impacts will be to the buffer/VC portion of the significant wetland from a stormwater pipe outfall.The outfall location is in a previously disturbed area between an existing outfall and box culvert wingwall. Project Impacts: • Placement of stormwater pipe Existing Project Impact Area: 3550 SF Existing impacts to Significant Wetland J occurred during previous phases of OR217. The significant wetland no longer exists in this location. Existing Impacts: • Roadway as pha It See Figure 8 for the location of Significant Wetland J and Figures 12 and 16 for the impact area. Significant Wetland Q Significant Wetland Q is an approximately 16,150 SF riverine PEM wetland located east of and parallel to OR217 with a tributary of Ash Creek flowing through the wetland.Within the project area,the canopy is dominated by Oregon ash with English hawthorn and Himalayan blackberry(Rubus armeniacus)present in the lower stratum. For the existing OR217 impact area,the significant wetland no longer exists and consists of existing roadway improvements. This wetland has the following function ratings: • "Lower"for Hydrologic Functions because the wetland includes a perennially flowing tributary to Ash Creek that does not store or slow runoff • "Higher" for Aquatic Habitat because the wetland provides relatively high-quality waterbird feeding habitat Project Impact Area:10,540 SF Impacts will be to the delineated wetland and the buffer/VC.including trees and shrubs.Both the wetland and buffer/VC are in good condition. Project Impacts: • Roadway widening and asphalt,and placement of roadway fill material for grading • Re-alignment of a portion of the tributaryto Ash Creek • Page 10 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 Existing Impact Area:15,400 SF Existing impacts to Significant Wetland Q occurred during previous phases of OR217 The significant wetland no longer exists in this location. Existing Impacts: • Roadway as pha It • Roadway fill slope extending to edge of Wetland Q See Figure 9 for the location of Significant Wetland Qand Figures 13 and 17 for the impact area. Significant Wetland K Significant Wetland K is an approximately 9,851 SF depressional PEM wetland located on the west side of OR217 adjacent to a forested area. Within the project area,the vegetation is dominated by Oregon ash and slough sedge(Carex obnupta) with some Himalayan blackberry on the edges. Wetland K was likely historically connected to Wetland Q before the construction of OR217. For the existing OR217 impact area,the significant wetland no longer exists and consists of existing roadway improvements. This wetland has the following function ratings: • "Moderate"rating for all except for Aquatic Habitat,which received a Higher rating • "Higher"rating for Aquatic Habitat because the dominance of emergent vegetation,the flat gradient,and relatively shallow water that provides waterbird feeding habitat Project Impact Area:9,720 SF Impacts will be to the delineated wetland and the buffer/VC. including trees, shrubs, and grasses. Construction of the soundwall will occur in good condition buffer/VC; however,the impacts will occur along a narrow strip on the edge of the wetland. Project Impacts: • Construction of a sound wall and 1,075 SF of temporary easement adjacent to the buffer/VC on either end for construction of the sound wall • Placement of roadwayfill material Existing Impact Area:21,100 SF Existing impacts to Significant Wetland K occurred during previous phases of OR217. The significant wetland no longer exists in this location. Existing Impacts: • Roadway asphalt • Roadwayfill slope extending to edge of Wetland K See Figure 9 for the location of Significant Wetland K and Figures 13 and 17 for the impact area. Significant Wetland P Significant Wetland P is an approximately 32,800 SF riverine PEM wetland located east of OR217 and is part of a large forested wetland area that extends beyond the project area.Red Rock Creek flows through Wetland P and drains into Fanno Creek about 0.75 miles from the project area.Within the project area, predominant vegetation in the wetland includes Oregon ash and reed canarygrass.For the existing OR217 impact area,the significant wetland no longer exists and consists of existing roadway improvements. Page 11 0R217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 This wetland has the following function ratings: • "Higher"for Aquatic Habitat because it provides relatively high-quality waterbird feeding habitat • "Lower"for Hydrologic Functions because it contains surface water all year and has a permanent outlet,characteristics that preclude the wetland from storing excess runoff • "Lower"for Fish Habitat because the wetland is not connected to ESH-designated streams Project Impact Area:7,330 SF Impacts will be to the delineated wetland; no permanent encroachment into buffer/VC is anticipated. Impacts will occur along a narrow strip on the edge of the wetland.Vegetation in the impact area is in degraded condition and is not representative of the vegetation that occurs in the undisturbed portion of the wetland. Project Impacts: • Roadway widening and asphalt,and placement of roadway fill material for grading • Construction bioslopes for stormwater treatment Existing Impact Area:85,100 SF Existing impacts to Significant Wetland P occurred during previous phases of OR217. The significant wetland no longer exists in this location. Existing Impacts: • Roadway asphalt • Roadway fill slope extending to edge of Wetland P See Figures 10 and 11 for the location of Significant Wetland P and Figures 15, 18,and 19 for the impact area. Significant Wetland N Significant Wetland N is an approximately 23,850 SF riverine PEM wetland located west of OR217 and is part of a larger wetland that extends beyond the project area.Red Rock Creekflows through Significant Wetland N. Within the project area vegetation is dominated by greensheath sedge(Carex feta), reed canary grass,and velvet grass(Holcus lanatus). Significant Wetland N was likely historically connected to Significant Wetland P before the construction of OR217. For the existing OR217 impact area, the significant wetland no longer exists and consists of existing roadway improvements. This wetland has the following function ratings: • "Moderate"rating for all except for Aquatic Habitat,which received a Higher rating • "Higher" rating for Aquatic Habitat because the dominance of emergent vegetation,the flat gradient,and relatively shallow water provide waterbirdfeeding habitat Project Impact Area:515 SF Impacts will occur to degraded portions of the wetland fringe within existing ROW. No impacts to the wetlands from the construction of the bioslopes are anticipated. Impacts include: • Placement of underdrains for stormwater treatment Page 12 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 Existing impact Area:49,400 SF Existing impacts to Significant Wetland N occurred during previous phases of OR217. The significant wetland no longer exists this location. Existing Impacts: • Roadwayasphalt • Roadwayfill slope extending to edge of wetland See Figures 10 and 11 for the location of Significant Wetland N, and Figures 14, 15, 18 and 19 for the impact area. 2.4 Proposed Mitigation ODOT will mitigate only impact areas of the proposed Project improvements to ensure that the Project does not create a net loss of significant wetland functions and values.Mitigation for existing impacts areas requested by the City for removal from the map is not required and is not proposed by ODOT.Proposed mitigation includes a combination of wetland mitigation bank credits, mitigation at the Project site, and buffer/VC mitigation through wetland mitigation credits. ODOT will purchase wetland mitigation bank credits to replace the functions and values of the wetlands lost due to Project impacts.The bankcredits will be purchased from the Bobcat Marsh Wetland Mitigation Bank located at the Jackson Bottom Wetlands Preserve in the Tualatin Watershed.The location of the mitigation bank is within the same watershed as the project area and complies with United States Army Corps of Engineers (USACE)and Oregon Department of State Lands(DSL) mitigation requirements (4th Field Sub-basin Hydrologic Unit Boundary [HUC];Tualatin). The City of Tigard relies on the CWS Design and Construction Standards (DCS) for the regulation of vegetated corridors when developing mitigation strategies. Per the DCS subsection 3.08, permanent encroachments into buffer/VC are required to be mitigated in accordance with CWS requirements. Per CWS Resolution and Order(R&0)13-12,impacts to buffer/VC directly adjacent to impacted wetland areas do not require mitigation because the wetland mitigation bank credits also address the associated buffer/VC impacts.The mitigation strategies for significant wetlands are listed in Table 2,Proposed Project Significant Wetland Impacts and Mitigation Strategy Summary. Additional information on each form of proposed mitigation follows the table. Page 13 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 Table 2:Proposed Project Significant Wetland Impacts and Mitigation Strategy Total Wetland* Buffer/VC Mitigated Buffer/VC Significant Wetland Impact Mitigated at Through Mitigation Mitigated at _Area(SF) ; Bobcat Marsh(SF) Banking(SF) Project Site(SF) WetlandS 5,515 3,190 415 1,830** Wetland J 180 0 0 180 Wetland Q 10,540 6,235 795 3,510 Wetland K 9,720 6,690 3,030 0 Wetland P 7,330 7,330 0 0 Wetland N 515 515 0 0 Total Significant Wetland 33,800 _-- -- -- Impact Area Mitigation Areas 23,960 4,240 5,520 Total of Significant Wetland -- 33,720** Mitigated Areas Combined Additional 10 percent of Total -- 3,380 Impact Area for Public Benefit Total Mitigation Area -- 37,100 I. *Delineated wetland within the significant wetland boundary. **80 SF of permanent encroachment into buffer/VC for a stormwater outfall is not included in Total of Mitigated Areas Combined as compared to Total Significant Wetland Impact Area because it is an allowed use not requiring mitigation per section 3.05.6 of the current CWS Design and Construction Standards. 2.4.1 Wetland Mitigation Bank Credits ODOT will provide mitigation for impacts to the delineated portion of significant wetlands through the purchase of 0.55 acres(23,960 SF)of wetland bank credits.The Bobcat Marsh wetland mitigation bank is used by ODOT to mitigate wetland impacts associated with highway and airport projects in the Tualatin Basin. Instead of conducting mitigation on a project-by-project basis resulting in patches of small, relatively low-functioning wetlands, often adjacent to highways, ODOT and the Port of Portland consolidated their mitigation efforts into a larger mitigation site that will result in higher functioning wetlands.Temporal loss is also reduced since the banks are currently established. 2.4.2 Vegetated Corridor Mitigated Through Mitigation Banking, ODOT will mitigate 4,240 SF of buffe/VC through the purchase of wetland mitigation bank credits and will not require replacement mitigation(see Table 1).This applies to all the 3,030 SF of buffer/VC for Wetland K, 795 SF of buffer/VC associated with Wetland C1,and 415 SF of buffer associated with Wetland S. 2.4.3 Mitigation at the Project Site Replacement mitigation for impacted buffer/VC not adjacent to impacted wetlands will occur at the Project site through the expansion of existing buffer/VCs. Three onsite mitigation areas have been identified totaling 45,025 SF. These mitigation areas are designated to mitigate for permanent encroachment of buffer/VC for the entire project area. Onsite mitigation has been maximized to the Page 14 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 extent practicable within the road ROW and opportunities to expand the mitigation beyond the ROW was not feasible.There were no opportunities for onsite mitigation adjacent to significant wetlands with the Tigard city limits as there is limited available space within the ROW and future transportation work within the OR217 corridor would likely impact any proposed mitigation areas. Roughly 5,520 SF of buffer/VC associated with significant wetlands will be mitigated onsite.The mitigation site is located within Tigard city limits and is approximately 5,575 SF in size, which would satisfy the mitigation requirement for buffer/VC.Replacement mitigation will be provided at the required 1:1 ratio. 2.4.4 Additional Mitigation/Water Quality To demonstrate additional public benefit related to water quality, the ODOT proposes to provide an additional amount of buffer/VC mitigation equal to 10 percent of the total mitigation that is otherwise required by the CWS Design and Construction Standards.The additional mitigation will result in a net gain of 3,380 SF of buffer/VC within the Tualatin River watershed,thereby providing a water quality related public benefit. 2.4.5 Best Management Practices ODOT proposes to use the following Best Management Practices(BMPs)during construction to protect the wetlands and other natural resources. ODOT will refine the locations of BMP measures relative to the significant wetlands and other wetlands prior to completion of final construction documentation. • The contractor will install orange construction fencing just outside the wetland disturbance limits to establish No Work Areas to protect the remaining portion of the wetland. • Standard erosion control BMPs will be used as needed.This includes supported and unsupported sediment fencing, biodegradable erosion control matting, check dams, inlet protection, and permanent seeding. • Along the perimeter of the project area,including those areas near wetlands,BMPs will include a compost filter berm installed just inside the orange construction fencing. • Depending on the stage of construction, additional BMPs including compost filter socks,check dams, inlet protection, and erosion control matting will be installed as needed to prevent sediment or sediment-laden waters from entering wetlands. • All disturbed areas will be seeded with native seed after construction. 2.4.6 Avoidance Measures There are no practicable alternative locations for the Project improvements that would completely avoid the significant wetlands. This is because the significant wetlands are located either parallel or perpendicular to the roadway and generally extend to the toe of the roadwayfill slope.ODOT has carefully designed the Project to minimize impacts to the significant wetlands to the maximum extent practicable. ODOT's design and avoidance measures and considerations use for the Project included the following: • To minimize the lateral extent of the proposed roadway fill prism and to minimize the impacts to adjacent wetlands, the design incorporates steeper slopes (2:1 slopes) with guardrails and retaining walls where practicable. Other design changes incorporated to reduce or minimize wetland impacts include redesigning the soundwall that impacts Wetland K and redesigning stormwater facilities at Wetland S. • The initial soundwall design at Wetland K incorporated an overlapping wall design within Wetland K to allow access for maintenance to the tributaryto Ash Creek culvert located in Wetland K.This design required the overlapping segment of the wall to be constructed further into Wetland K, Page 15 OR217:Auxiliary Lanes Project Environmental,Social,Economic, and Energy Analysis March2021 which would result in more impacts to the wetland.To reduce impacts,the current soundwall design uses an open segment in the wall for maintenance access with fewer wetland impacts and access to the culvert. • The initial stormwater design at Wetland S was designed with a bioslope with an underdrain outfall into Ash Creek.The design was changed to construct a bioswale feature that results in less impact to the wetland and no impacts to Ash Creek. • The unimpacted significant wetlands areas adjacent to project construction will be designated as No Work Areas and will be fenced off with orange construction fencing.Additionally, a compost filter berm will be placed inside the fence as a sediment barrier to prevent any sediment or sediment-laden waters from entering adjacent wetlands. 2.4.7 Proposed Mitigation Summary The Project will result in 33,800 SF (0.78 acres)of total impacts to portions of significant wetlands within the project area. Of this total, 33,720 SF will be mitigated. Eighty SF of permanent impacts associated with a stormwater outfall is not included in Total Mitigated Area as compared to Total Impact Area because it is an allowed use not requiring mitigation per section 3.05.6 of the current CWS Design and Construction Standards.ODOT proposes to provide an additional 10 percent(3,380 SF)of the Total Impact Area for public benefit.This brings the Tota I Mitigation Area to 37,100 SF(33,720 SF+3,380 SF).To reduce the impacts and mitigate for the loss of these significant wetland areas,ODOT will use a combination of avoidance measures, BMPs, and mitigation strategies. Mitigation for the delineated portion of the significant wetlands will be accomplished through purchasing 0.55 acres(23,960 SF)of wetland mitigation credits at Bobcat Marsh Mitigation Bank. Of the 9,475 SF of buffer/VC that comprised the significant wetlands,4,240 SF will not require mitigation as these impacts will be mitigated for through wetland mitigation banking.The remaining 5,520 SF of buffer/VC will be mitigated for at a 1:1 ratio through Project site mitigation areas. Page 16 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 3.0 SITE SPECIFIC ESEE ANALYSIS An ESEE analysis describes the economic, social, environmental, and energy consequences of allowing, limiting, or prohibiting conflicting uses for the Project and existing OR217 improvements within the significant wetlands in the project area.For the purposes of this analysis,"allow","limit", and"prohibit" are defined as follows: Allow Conflicting Uses: "Allowing" conflicting uses means that Tigard is not applying additional protections to Significant Goal 5 Natural Resources beyond baseline protection provided by other, non- Goal 5 local,state,and/or federal requirements.This alternative emphasizes developing lands containing Significant Goal 5 Natural Resources. Limit Conflicting Uses: "Limiting" conflicting uses strikes a balance between completely developing Significant Goal 5 Natural Resources and completely protecting them.This alternative involves developing lands in ways that minimize negative environmental and economic tradeoffs,supporting the development goals embodied in local and regional land use plans,and protecting the most important Goal 5 Significant Natural Resources. Prohibiting Conflicting Uses: "Prohibiting" conflicting uses would prevent development actions that conflict with, or degrade, Significant Goal 5 Natural Resources. This scenario emphasizes resource protection.Protection measures would exceed baseline protections provided by other local,state,and/or federal requirements. For evaluation of all consequences the following items are applicable for the proposed Project: • Within the project area,the average daily traffic on OR217 is approximately 120,000 vehicles per day. This volume of traffic, together with closely spaced interchanges, results in deteriorating operational performance and a high accident rate. • The purpose of the Project is to improve safety on OR217 between the Beaverton-Hillsdale Highway(OR10)and OR99W interchanges with the extension of existing and construction of new auxiliary lanes to reduce traffic bottlenecks,conflicts and accidents. • The purpose and need statement for the Project states,"This project will provide a low-cost but effective solution to improve the bottleneck locations and provide immediate safety and operational benefits." • ODOT will provide mitigation only for impact areas of the proposed Project to ensure that the Project creates a no net loss of significant wetland function and values. Mitigation for existing impacts areas requested for removal from the map is not required and is not being proposed. For the existing OR217 improvements, the evaluation of economic, social, environmental, and energy consequences of allowing, limiting, or prohibiting the conflicting uses is not possible since the uses are already in place and the significant wetland areas no longer exist.As a result,the following evaluation of the consequences of allowing,limiting,or prohibiting the conflicting uses only addresses the Project.The following describes the consequences for each of the three protection scenarios. Page 17 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 3.1 Economic Consequences The following describes the economic consequences for each of the three protection scenarios. 3.1.1 Prohibiting Conflicting Use(Full Protection) The consequence of prohibiting the conflicting use would be mixed.The consequences for the significant wetlands would be positive;the wetlands would not be removed and would remain in their current state with no new impacts.The overall function and value of the wetlands would be protected.However,the negative impacts to the fringe areas of the wetlands closest to OR217 from existing traffic would continue. The economic consequences related to prohibiting the proposed improvements would be negative. Without the improvements,the purpose of the Project,to improve mainline safety for the traveling public on OR217,would not be met. Accidents would continue to increase resulting in increased travel delays and reduced mobility. Travel delays have a negative economic effect on local and regional commerce including commercial, service and delivery users,freight transport, local businesses and manufacturing facilities located inside and outside of the OR217 corridor. The ODOT 2018 Portland Region Traffic Performance Report(OR217 Sections)(Appendix 0)states,"The region is facing an increase in congestion along its freeway corridors.The results of this congestion are worsening safety issues and reduced system reliability."The Traffic Performance Report Fact Sheet3 provides a summary of the traffic impacts and the hours of congestion and crashes,and daily cost of delay due to accident delays and resulting congestion. The cost of congestion for Portland freeways was over$2 million, of which $133,000 was for OR217 per day in 2018.This cost can be expected to increase as congestion increases. Delays in delivering materials and services create negative economic impacts for business-related trips,and for companies operating on a "just in time" workflow of delivery of materials for manufacturing and distribution. Prohibiting the conflicting use would result in increased accidents and decreased reliability in the OR217 corridor. Prohibiting the conflicting uses would result in a negative economic growth factor by eliminating short term economic growth that would take place due to additional employment through new construction jobs and an increased demand for supporting services required to construct the Project. A potential positive economic consequence is that there would be no capital construction expenditure by the State of Oregon and FHWA for the costs of the proposed improvements and wetland mitigation. However, not proceeding with construction would lead to no short term employment economic benefit from additional construction jobs necessaryto build the Project. 3.1.2 Limit Conflicting Use{Limited Protection) Limiting the conflicting use to the proposed improvements and providing the proposed mitigation and avoidance measures would allow the Project to move forward and would generally have positive consequences.The purpose of the Project,to improve mainline safety for the traveling public on OR217, would be met.While the significant wetlands would be impacted,ODOT would avoid the wetlands to the maximum extent possible and would provide for local mitigation requirements for significant wetland impact areas with an end result of no net loss of wetland function and values. The City of Tigard relies on the CWS DCS for the regulation of vegetated corridors when developing mitigation strategies.ODOT proposes to provide mitigation that would include a combination of wetland mitigation bank credits, mitigation at the Project site, and buffer/VC mitigation through wetland mitigation credits.ODOT also proposes to provide an additional 10 percent of the total mitigation added 3 https://www.oregon.gov/odot/Projects/Project%20Documents/2018TrafficPerfomanceReport_factsheet.pdf Page 18 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 for public benefit. The mitigation strategies for significant wetlands are listed in Section 2.4, Proposed Mitigation,Table 2. ODOT has no practicable alternative locations for the proposed Project improvements that would completely avoid the significant wetlands.The Project is located within the previously developed OR217 corridor with minimum encroachment occurring outside of existing ROW. Due to the location of the significant wetlands and the constrained OR217 ROW,there is no opportunity for complete avoidance of the significant wetlands. This is because the significant wetlands are located either parallel or perpendicular to the roadway and generally extend to the toe of the roadway fill slope.ODOT has carefully designed the Project to avoid and minimize impacts to the significant wetlands to the maximum extent practicable.See section 2.4.6for proposed avoidance measures. Building the Project with these avoidance and mitigation measures would lead to economic benefits.With the proposed improvements,there would be a decrease in accidents and congestion and subsequently, delays would decrease and travel times and mobility would improve throughout the OR217 corridor. Related economic benefits would be realized through increased efficiency for commerce inside and outside of the OR217 corridor with reduced travel time and more efficient scheduling for commercial and freight users.This would be an economic benefit to businesses and services for the delivery of materials, goods,and services,and for operations relying on just in time delivery of materials for manufacturing and distribution.The Project would also result in a short-term economic benefit from the generation of new construction jobs and an increased demand for supporting services required to construct the Project. There would be a significant capital construction expenditure by the State of Oregon and FHWA for the costs of the proposed improvements,which may be viewed as negative by some individuals. 3.1.3 Allowing Conflicting Use(No Protection) The consequence of allowing the conflicting use would be mixed. The consequences for the significant wetlands would be negative.The wetlands would further deteriorate with portions removed. Since no local protections would be in place, ODOT would not provide avoidance and mitigation measures. Allowing the use would require USACE and CWS review and mitigation due to the ground disturbing activities. Depending upon the implementation of required mitigation strategies, mitigation and/or enhancement to compensate for the development disturbance would likely occur in a different manner and potentially in an unconnected area of the site,which may further diminish the quality and character of the remaining wetland resources. The economic consequences related to allowing the proposed improvements would be mostly beneficial as stated above. 3.2 Social Consequences The following describes the social consequences(public health,welfare and safety)for each of the three protection scenarios. 3.2.1 Prohibiting Conflicting Use(Full Protection) The consequence of prohibiting the conflicting use would be mixed.The consequences for the significant wetlands would be positive.The wetlands would not be removed and would remain in their current state with no new impacts related to the proposed improvements. The overall function and value of the wetlands would be protected.However,the negative impacts to the fringe areas of the wetlands closest to OR217 from existing traffic would continue. Page 19 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 The social consequences related to prohibiting the proposed improvements would be negative.Without the improvements,the purpose of the Project to improve mainline safety for the traveling public on OR217 would not be met.There would be decreased safety and operation on OR217, worsening traffic bottlenecks, and increasing accidents, injury, and fatalities.These are all negative effects on the health, safety, and welfare of the general public. Increased incidents of accidents will also increase travel time and delays,and have the negative effect of generally increasing stress,worktime lost etc.and specifically for users of car and van pool, rideshare,and public transportation traveling on OR217. Prohibiting the conflicting use would also have the negative impact of eliminating proposed sound walls, which would in turn lead to increased traffic noise in residential areas adjacent to OR217 and a decrease in the quality of life. 3.2.2 Limit Conflicting Use(Limited Protection) Limiting the conflicting use to the proposed improvements and providing the proposed mitigation and avoidance measures would allow the Project to move forward and would generally have positive consequences.The purpose of the Project,to improve mainline safety for the traveling public on OR217, would be met.While the significant wetlands would be impacted,ODOT would avoid the wetlands to the maximum extent possible and would provide mitigation for significant wetland impact areas with an end result of no net loss of wetland function and values. Mitigation and avoidance measures would be used, as stated above in section 3.1.2,to protect the significant wetlands to the maximum extent practicable. Wetland function and values would remain intact. The social consequences would be beneficial. The proposed improvements would increase safety,thus reducing accidents and related injuries and fatalities. ODOT expects the proposed improvements will reduce the number of crashes in the area by separating the weaving and merging lane from the rest of the highway's high speed free flowing traffic.A reduction in accidents would reduce stress for all users, reduce travel time,and would increase mobility throughout the OR217 corridor.This would contribute to increased community livability in Tigard and surrounding areas, and a higher quality of life by not only decreasing stress and but also decreasing time lost due to traffic delays. An additional positive social consequence will be realized by the addition of new sound walls that would reduce traffic noise in residential areas adjacent to 0R217 and improve the quality of life. There would be a short-term positive social consequence of increased employment through the need for additional construction and supporting services workers required to construct the Project. 3.2.3 Allowing Conflicting Use(No Protection) The consequence of allowing the conflicting use would be mixed. The consequences for the significant wetlands would be negative.Portions of the wetlands would be removed, and with no local protections in place, ODOT would not provide avoidance and mitigation measures.Allowing the use would require USACE and CWS review and mitigation as discussed in Economic consequences above. The consequences related to allowing the proposed improvements would be mostly beneficial as stated above in Limit Conflicting Use. Page 20 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 3.3 Environmental Consequences The following describes the environmental consequences for each of the three protection scenarios. 3.3.1 Prohibiting Conflicting Use(Full Protection) The consequence of prohibiting the conflicting use would be mixed.The consequences for the significant wetlands would be positive.The wetlands would not be removed and would remain in their current state with no impacts.The overall function and value of the wetlands would be protected;however,the edges closest to existing OR217 are currently in a degraded state. Habitat quality is limited within these wetland edge areas where impacts would occur. Prohibiting the proposed improvements is not anticipated to significantly improve the function and value of habitat. The current ongoing negative impacts tothe fringe areas of the wetlands closest to OR217 from existing traffic would continue. Other environmental consequences would potentially be negative without the proposed improvements. Air quality may continue to deteriorate due to greater traffic congestion and idling time, and the sound walls would not be constructed, resulting in continuing noise impacts in residential areas adjacent to OR217. Further, prohibiting the proposed improvements would not allow the purpose of the Project,to improve mainline safetyfor the traveling public on OR217,to be met. A positive consequence to air quality would be eliminating dust and particulate matter generated by construction activity(i.e.earth moving)and the impacts of exhaust and noise from construction vehicles. 3.3.2 Limit Conflicting Use(Limited Protection) Limiting the conflicting use to the proposed improvements and providing the proposed mitigation and avoidance measures would allow the Project to move forward and would generally have positive consequences.The purpose of the Project,to improve mainline safety for the traveling public on OR217, would be met.While the significant wetlands would be impacted,ODOT would avoid the wetlands tothe maximum extent possible and would provide mitigation for significant wetland impact areas with an end result of no net loss of wetland function and values. Mitigation and avoidance measures would be used, as stated in section 3.1.2,to protect the significant wetlands to the maximum extent practicable.Wetland function and values would remain intact. 3.3.3 Allowing Conflicting Use(No Protection] The consequence of allowing the conflicting use would be mixed. The consequences for the significant wetlands would be negative.The wetlands would further deteriorate with portions removed. Since no local protections would be in place,ODOT would not provide avoidance and mitigation measures.Benefits to habitat and wildlife related to wetland mitigation would not be realized. However, allowing the use would require USACE and CWS review and mitigation due to the ground disturbing activities.Depending upon the implementation of required mitigation strategies,mitigation and enhancement to compensate for the development disturbance would likely occur in a different manner and potentially in an unconnected area of the site, which may further diminish the quality and character of the remaining wetland resources. The consequences related to allowing the proposed improvements would be mostly beneficial as stated above in Limit Conflicting Use. Page 21 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 3.4 Energy Consequences The following describes the energy consequences for each of the three protection scenarios. 3.4.1 Prohibiting Conflicting Use(Full Protection) The consequence of prohibiting the conflicting use would be mixed.The consequences for the significant wetlands would be positive.The wetlands would not be removed and would remain in their current state with no new impacts.The overall function and value of the wetlands would be protected.However,the negative impacts to the fringe areas of the wetla nds closest to OR217 from existing traffic would continue. The energy consequence of prohibiting the proposed improvements is negative. Without the improvements,the purpose of the Project,to improve mainline safetyfor the traveling public on OR217, would not be met.There would be decreased fuel efficiency from increased traffic delays and decreased mobility and congestion due to more accidents.Increased traffic delays,with associated increased vehicle idling time on OR217 and adjacent local streets,would decrease the free flow of traffic and increase fuel consumption. A positive consequence would be the elimination of fuel consumption by construction vehicles and construction workers traveling to the project area. 3.4.2 Limit Conflicting Use(Limited Protection) Limiting the conflicting use to the proposed improvements and providing the proposed mitigation and avoidance measures would allow the Project to move forward and would generally have positive consequences.The purpose of the Project,to improve mainline safety for the traveling public on OR217, would be met.While the significant wetlands would be impacted,ODOT would avoid the wetlands to the maximum extent possible and would provide mitigation for significant wetland impact areas with an end result of no net loss of wetland function and values. Mitigation and avoidance measures would be used, as stated above in section 3.1.2,to protect the significant wetlands to the maximum extent practicable. Wetland function and values would remain intact. Fuel consumption would increase during construction but could potentially be offset by short and long term benefits.With the proposed improvements,ODOT anticipates a decrease in accidents,related traffic delays.Vehicle idling associated with congestion and delays would decrease on OR217 and adjacent local streets feeding onto the highway.As a result,the free flow of traffic would increase resulting in a likely reduction in fuel consumption and improved energy efficiency. 3.4.3 Allowing Conflicting Use(No Protection] The consequence of allowing the conflicting use would be mixed. The consequences for the significant wetlands would be negative. Portions of the wetlands would be removed, and with no protections in place,avoidance measures and mitigation measures would not be used. The consequences related to allowing the proposed improvements would be mostly beneficial as stated above in Limit Conflicting Use. Page 22 0R217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March2021 3.5 Conclusion Significant wetlands are important natural resources to the City of Tigard just as safety is highly important for residents and drivers using OR217. Safety for the traveling public is a high priority for ODOT.The Project will increase safety and significantly reduce accidents, injuries, and fatalities on OR217, thus meeting the Project purpose and also helping ODOT maintain overall transportation system goals. However, providing transportation safety and preserving the natural environment often involves tradeoffs. Prohibiting conflicting uses within the impact area would preserve the existing significant wetlands but will remove the opportunity for ODOT to construct a critically needed transportation safety project for OR217,with the following consequences: • Continuing increase in accidents andtraveltime,mobility reduction and travel delays with related negative economic impacts to drivers and business inside and outside of the corridor. • No positive economic growth benefit from new construction jobs and an increased demand for supporting services. • Increasingly dangerous driving conditions due to increasing bottleneck conditions, and related accidents,injury, and fatalities as congestion increases on OR217. • Sound walls would not be constructed and traffic noise would not be reduced for residential areas adjacent to OR 217. • Decreasing mobility over time in the OR217 corridor, Tigard and surrounding communities, accompanied by decreasing livability due to increased travel delays. • Increased energy use over time due to higher fuel consumption as a result of congestion,travel delays,and decreased mobility. Limiting the conflicting use to the proposed improvements and providing the proposed mitigation and avoidance measures would allow the Project to move forward. While the significant wetlands would be impacted,ODOT would avoid the wetlands tothe maximum extent possible and would provide mitigation for significant wetland impact areas with an end result of no net loss of wetland function and values. Limiting would allow ODOT to construct a critically needed transportation safety project for OR217 and complete the following actions: • Remove small portions of the significant wetlands located on the edges of large wetland complexes,with limited function and value, and a degraded condition due to past and ongoing disturbance from roadway operations. • Increase safety by reducing congestion and unsafe driving conditions, and significantly reduce accidents,injuries,and fatalities. • Decrease in travel times and travel delays and increase in mobility with related positive economic impacts to drivers and business inside and outside of the corridor. • Generate positive economic activity from new construction jobs and an increased demand for supporting services. • Improve quality of life, health, safety, and welfare due to decreased accidents, injury, and fatalities. • Increase mobility in the OR217 corridor, Tigard and surrounding communities, resulting in improved livability. Page 23 OR217:Auxiliary Lanes Project Environmental, Social,Economic, and Energy Analysis March 2021 • Decrease energy use due to lower fuel consumption as a result of decrease in travel delays and increased mobility. Allowing the conflicting uses with no protection would allow ODOT to construct the Project, with the results listed above,but would have the greatest impact to the significant wetlands since no avoidance or mitigation measures would be provided. 3.6 Recommended Decision This analysis concludes that limiting the conflicting use to the proposed OR217 improvements would result in the most positive consequences of the three decision scenarios.A decision to limit the conflicting use will avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting use. ODOT's project design to avoid and minimize impacts to significant wetlands to the greatest extent possible, together with proposed mitigation, enhancement, BMPs used during construction and additional water quality mitigation equal to 10 percent of the total mitigation,provides a public benefit that would significantly offset the amount of significant wetland impacts, while contributing to increased public safety,health and welfare. Page 24 nn O'C.2 &Egi y; aa` 11 0 N cJ ;g l c c � ' 3 z ro o n N grnaf_ /CIL 4 f=N ro 1,) li Nov ui c •i s W Q v y i i _--.....mc r) f _ L ` Ii 06.14130 007 f r I r f._. L ■ J+ �web1 , \'''\ ,F-Th"----- 11 1 / r41"`•L�—�nj f Fes , rti ^1 +I W ± 1—-—-i i.., I clC -- I )gr' +� I4.,:: i t `1 4 _ ; RC1 ran — - xn,ti+s Q ? `, :t ,/fr in f ro i ?c —pia / 7/ ' }. . 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C `•C -, CD C N+ Co !D 09 N 0 .. 0 3 0 Cl)r C x C C O O 1-7-17 ,.//://, /�� Vl SUPPLEMENTAL PACKET FOR 15 F-0 2-I IN 44 i (DA.4 E OF MEETING) im - a .D Public Comment received by noon for the Meeting of the Tigard City Council July 13, 2021 1. Jim Long Testimony for Agenda Item No. 7—QJPH: 0R217 Auxiliary Lanes Comprehensive Plan Amendment: Draft Testimony Wetlands Restoration proposal approved by CPO-4M motion Video of Washington Square wildlife 2. Jim Long Wetlands Restoration proposal approved by CPO-4M motion 0 Carol Krager From: Jim Long IMIEMir Sent: Tuesday,July 13, 2021 11:55 AM To: Carol Krager; Monica Bilodeau Subject: CPA ODoT CPO-4M testimony Attachments: 10 secs back pond.mov; 1 CPO 4M ODoT CPA TESTimony docx.docx;z 217 Wetlands restoration SHARE.docx Caution!This message was sent from outside your organization. Allow sender I Block sender Good morning City Council and Mayor! Here is first draft of written testimony from CPO-4M re: Comprehensive Plan Amendment for 5.5 acres of land zoning change of ODOT Hwy. 217 expansion. Also a brief video of wildlife within Washington Square Regional Center boundaries and an initial proposal for a major wetlands restoration next to Hwy. 217. Thanks for your serious consideration. Jim Long, Chair CPO-4M. 1 IP CPO 4M Metzger, Durham, East Tigard Washington County, Oregon .;s 10655 SW Hall Boulevard, Tigard, OR 97223 s-Rl TESTIMONY FOR CPO-4M 7132021 11am My name is Jim Long. Thank you for the opportunity to speak on this important matter July 12, 2021 TO: Mayor, City Council, & City Manager FROM: Citizens Participation Organization 4-M (We are here as volunteers) Re: ODoT request for Comprehensive Plan Amendment 217 auxiliary lanes How many of you remember in the 1970s, 1980s and 1990s when there was a large (40-plus acres) vibrant wetland east of Hwy 217? I wish I could show you the aerial photos. You should see aerial photos of that wetlands. That land is part of the large 100-year flood plain south of Oak Street and Washington Square. It is in the Wash. Sq. Regional Center boundaries. Here's a short video snapped on April 25 of this year showing wildlife, three ducks fly towards us, the last to be swimming with ducklings with a heron strutting and reflecting in the pond within the Wash. Sq, Regional Center boundaries and you can hear a morning WES train in background near end on the longer version of the video. In addition, we have seen many other species of wildlife in this area, including beaver, mink, red fox, geese, swans, coyotes, etc. The stars are the wildlife! Mitigation should occur in Tigard (on-site) why?? Remember years ago ODoT caused the loss of another 7 acres of sensitive wetlands for the WES train. Is this "double-dipping", reusing the same mitigation site? The city and/or ODoT should get ahold of the property owners and explain that since the 100-year-flood plain is unbuildable, the city or ODoT would like to purchase for mitigation and other purposes. Reasonable request, explore options . . Not all animals can fly. ODoT should create a tunnel. Create a tunnel as an underground passage (like in ODoT did in Bend). When I asked Monica B. yesterday, "who is the property owner of that big swatch of land east of 217 south of Oak Street in 100-year flood plain? Her response was, "Um, ODoT has contacted the property owners, ODoT has agreements with the property owners." Monica did not tell me, she referred me. 1 Because of timing conflicts, CPO-4M was not able to get the property owners names or a large detailed map of the area for us to inspect. We as citizens cannot go to Tigard City Hall and look at maps for more details to formulate and ask questions? Wetlands on west side of 217 are forested, how will they be impacted? All animals matter, including humans, especially during nesting season. Ask for review of mitigation locally on that site. We prefer mitigation in city limits. "Vibrant wetlands "— a model visible from highway. Questions: Ask City of Tigard Planning Commission and planners: Will there be shoulders next to auxiliary lanes? and ditches? What kind of enforcement does City do? Does the City of Tigard have a wildlife biologist? The effected neighbors on Pfaffle, SW 83rd and SW 84th were not all notified of the traffic detours? Why not? What is the sensitive lands review? Who does that? Is it objective? Ask ODoT: Will off-ramps be effected? Pfaffle traffic, how much will traffic increase on Hall Blvd? Won't the sound barriers stop wildlife from traveling? We asked at their first open house, can't there be some vines/other plants to further diminish the noise and add beauty to the sound barriers? So, in conclusion, our Community Participation Organization members do not oppose the auxiliary lanes for widening 217, but we are very concerned about protecting wildlife habitat, wetlands, protecting the 100-year flood plain, and keeping mitigation on-site, as well as traffic congestion during construction. CPO-4M asks for a continuance so: 1. that sensitive lands review can continue, 2. On-site mitigation can be explored, and 3. the current property owners of 100-year flood plain can be queried about their vision for the property and possible sale for joint restoration as a vibrant wetland. Thank you for your continued support of our CPO and we look forward to future answers and updates of our pending questions and concerns. Sincerely, Jim Long, Chair, CPO 4M 2 CPO-4M Screen Share approved by CPO-4M motion: Title: ODoT 217-CoT-CWS "WETLANDS RESTORATION" Proposal To: Oregon Dept. of Transportation, City of Tigard, Clean Water Services (Washington County), Wetlands Conservancy, etc. From: CPO-4M (speaking up for wildlife), "Friends of Ash (& Fanno) Creek" (?) Project Summary: To return to its natural functions and restore wetlands at biggest mitigation area in entire 217 Corridor and Tigard. This includes restoring the original hydrological regime to let time reestablish the native plant and animal community, with its associated habitat value. Problem: 100 year-flood plain, largest remaining flood plain along 217 and In Tigard Pacific flyway The previous owner made many attempts to change the hydrology of the site . . . .this includes removal of vegetation, trapping of beavers, and changes to the flow of Ash creek Related Work: Mitigations small and large happen near and far. Water is the key. Objectives: Have ODOT, CWS and other partners use as a mitigation site Design: more details, schools, 1. Suggest collaborations between ODoT/Metro/CoT/CWS or Wetlands Conservancy to buy property (about 50 acres) 2. Agreements to specify design details 3. Meter water under Hwy 217, fill up wetlands, better flow during all months; 4. Education programs including involving schools about Pacific flyway zone. What wildlife are we talking about? More wetlands will support ducks, geese, swans, herons, native animal and plant species 5. Evaluate Timetable: TBD Budget: TBD Carol Krager From: noreply@revize.com Sent: Tuesday, July 13,2021 12:00 PM To: Carol Krager Cc: Jesse Raymundo Subject: Public Comments Attachments: z 217 Wetlands restoration SHARE.docx Caution!This message was sent from outside your organization. Block sender Name=Jim Long EmailAddress= Address= 10655 SW Hall Blvd Topic=Comprehensive Plan Amendment proposed by ODoT FeedBackText=attached Client IP=24.20.186.76 1 CPO-4M Screen Share approved by CPO-4M motion: Title: ODoT 217-CoT-CWS "WETLANDS RESTORATION" Proposal To: Oregon Dept. of Transportation, City of Tigard, Clean Water Services (Washington County), Wetlands Conservancy, etc. From: CPO-4M (speaking up for wildlife), "Friends of Ash (& Fanno) Creek" (?) Project Summary: To return to its natural functions and restore wetlands at biggest mitigation area in entire 217 Corridor and Tigard. This includes restoring the original hydrological regime to let time reestablish the native plant and animal community, with its associated habitat value. Problem: 100 year-flood plain, largest remaining flood plain along 217 and In Tigard Pacific flyway The previous owner made many attempts to change the hydrology of the site . . . .this includes removal of vegetation, trapping of beavers, and changes to the flow of Ash creek Related Work: Mitigations small and large happen near and far. Water is the key. Objectives: Have ODOT, CWS and other partners use as a mitigation site Design: more details, schools, 1. Suggest collaborations between ODoT/Metro/CoT/CWS or Wetlands Conservancy to buy property (about 50 acres) 2. Agreements to specify design details 3. Meter water under Hwy 217, fill up wetlands, better flow during all months; 4. Education programs including involving schools about Pacific flyway zone. What wildlife are we talking about? More wetlands will support ducks, geese, swans, herons, native animal and plant species 5. Evaluate Timetable: TBD Budget: TBD