Ordinance No. 22-01 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 22-
AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT, CPA2021-00004, TO
REMOVE 0.134 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 18.510.1003 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 0.134 acres of significant wetlands and associated buffers
on the subject property; and
WHEREAS,on November 29,2021,the Tigard Planning Commission held a public hearing,which was noticed
in accordance with city, standards and recommended approval of the proposed CPA2021-00004/SLR2021-
00010 by a vote of six in favor and one abstention; and
WHEREAS,on January 4,2022,the Tigard City Council held a public hearing,which was noticed in accordance
with city standards, to consider the Commission's recommendation on CPA2021-00004/SLR2021-00010, to
hear public testimony,and apply applicable decision-making criteria;and
WHEREAS, Council's decision to approve CPA2021-00004/SLR2021-00010 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 CPA2021-00004/SLR2021-00010.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Comprehensive Plan Amendment, Conditional Use Permit, and Sensitive Lands Review
(CPA2021-00004 and SLR2021-00010) is hereby approved.
ORDINANCE No. 22-
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 ?.1/j9 Mote of all Council members present after being read by number and
title only,this ` "`day of ,' s2�C 12022.
Carol A.Krager,City Recorder
APPROVED: By Tigard City Council this �� hday of r_?42 �f.�-. ,2022.
Jason B.Snider,Mayor
Approved as to form:
City Attorney
1/5/2022
Date
ORDINANCE No.22-01
Page 2
EXHIBIT B
PLANNING COMMISSION RECOMMENDATION TO
CITY COUNCIL ''
FOR THE CITY OF TIGARD, OREGON
120 DAYS = NA
SECTION I. APPLICATION SUMMARY
FILE NAME: UNIVERSAL PLAZA
CASE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) CPA2021-00004
SENSITIVE LANDS REVIEW (SLR) SLR2021-00010
REQUEST: The City of Tigard proposes to construct Universal Plaza and a connecting multi-use path
from the Plaza to the nearby Fanno Creek Trail. The Plaza is designed to function as a
community public space that will include an interactive water feature, outdoor recreation
areas, swings, restrooms, two outdoor event areas, an overhead canopy to provide shelter
(Phase II),landscaping,lighting and stormwater facilities.
The Plaza's proposed stormwater detention facility and a portion of its path system is
located partially within the 50-foot buffer of Tigard Significant Wetlands. The proposed
multi-use trail connection to the existing Fanno Creek Trail (FCT) passes through Fanno
Creek Park and portions of restored vegetated corridor and Tigard Significant Wetlands
related to the recent Clean Water Services re-meander of Fanno Creek. All of these
improvements are also located within the Special Flood Hazard Area. With these impacts,
the proposed project is subject to Sensitive Lands Review. In addition, a Type III-Modified
Comprehensive Plan Amendment is required to approve the removal of Goal 5 protection
from 0.004 acres (159 square feet) of wetland from the Local Wetland Inventory and to
remove 0.19 acres (8,139 square feet) of associated buffer to accommodate the proposed
APPLICANT/ plaza elements and path within sensitive lands.
OWNER: Sean Farrelly,Downtown Redevelopment Manager
Community Development
13125 SW Hall Blvd.
Tigard, OR 97223
LOCATION: 9100 SW Burnham St;WCTM 2S102AC00202, 203 &204
ZONE/
COMP PLAN
DESIGNATION: PR and MU-CBD
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter: 18.120, 18.140, 18.420, 18.510, 18.710, 18.790,
18.910, and 18.920
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 1 OF 17
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 MonicaB&t1gard-or.gov. The cover letter must clearly identify where in the submittal the
required information is found:
1. Prior to commencing any site work, the project arborist must perform a site inspection for tree protection
measures, document compliance/non-compliance with the Urban Forestry Plan, and send written
verification with a signature of approval directly to the project planner within one week of the site
inspection.
2. The project arborist must perform semimonthly (twice monthly) site inspections for tree protection
measures during periods of active site development and construction, document compliance/non-
compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly
to the project planner within one week of the site inspection.
The applicant must prepare a cover letter and submit it, along with any supporting documents or plans
that address the following requirements to the ENGINEERING DIVISION,ATTN:Jeremy Tamargo,
Principal Engineer, (971) 713-0281 or jeremyTnti� ard�-or.gov. The cover letter must clearly identify where
in the submittal the required information is found:
3. Improvements associated with public infrastructure and stormwater facilities including street and right-of-
way dedication,utilities,grading,water quality and quantity facility, streetlights, easements, easement
locations, and utility connections and must be designed in accordance with the following codes and
standards:
• City of Tigard Public Improvement Design Standards
• Clean Water Services (CWS) Design and Construction Standards
• Tigard Community Development Codes,Municipal Codes
• Tualatin Valley Fire and Rescue (IVF&R) Fire Codes
• Other applicable County, State, and Federal Codes and Standard Guidelines
4. Improvements associated with public infrastructure and stormwater facilities including street and right-of-
way dedication,utilities,grading,water quality and quantity facility, streetlights, easements, easement
locations, and utility connection for future utility extensions are subject to the City Engineer's review,
modification, and approval.
5. Prior to commencing any site work,the applicant must submit a Public Facility Improvement(PFI)Permit
to cover all infrastructure work including stormwater (water quality and quantity facilities) and any other
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 2 OF 17
work in the public right-of-way. Four (4) sets of detailed public improvement plans must be submitted for
review to the Engineering Department. An Engineering cost estimate of improvements associated with
,public infrastructures including but not limited to street, street grading.utilities, stormwater duality and
water quantity facilities, sanitary sewer, streetlights,and franchise utilities are required at the time of PFI
Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost
estimate of water improvement must be listed as a separate line item from the total cost estimate. NOTE:
these plans are in addition to any drawings required by the Building Division and should only include sheets
relevant to public improvements. Public Facility Improvement Permit plans must conform to City of
Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page
(www.tigard-or.gov).
6. Prior to commencing any site work,the applicant must provide a construction vehicle access and parking
plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during
the public improvement construction phase. All construction vehicle parking must be provided onsite. No
construction vehicles or equipment will be permitted to park on the adjoining residential public streets.
Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction
of site improvements or buildings proposed by this application and must include the vehicles of all suppliers
and employees associated with the project.
7. Prior to commencing any site work,the applicant must submit site plans and a final storm drainage report as
part of the PFI Permit indicating how run-off generated by the development will be collected,conveyed,
treated and detained for review and approval. The storm drainage report must be prepared and include a
maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard
Standards.
8. Prior to commencing any site work,the applicant must obtain a CWS Stormwater Connection
Authorization prior to issuance of the City of Tigard PFI Permit. Plans must be submitted to the City of
Tigard for review. The City will forward plans to CWS after preliminary review.
9. Prior to commencing any site work, the applicant must submit an erosion control plan as part of the PFI
Permit. The plan must conform to the "CWS Erosion Prevention and Sediment Control Design and
Planning Manual" (current edition).
10. Prior to commencing any site work, the applicant must submit a final grading plan showing the existing and
proposed contours. The plan must detail the provisions for surface drainage and show that the site will be
graded to ensure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Division. The design engineer must indicate,on the grading plan, areas with natural
slopes between 10 percent and 20 percent, as well as natural slopes in excess of 20 percent. This
information will be necessary in determining if special grading inspections and/or permits will be necessary.
THE FOLLOWING CONDITIONS MUST BE SATISFIED
PRIOR TO FINAL INSPECTION:
The applicant must prepare a cover letter and submit it,along with any supporting documents and/or
plans that address the following requirements to the ENGINEERING DIVISION,ATTN:Jeremy
Tamargo,Principal Engineer, (971) 713-0281 or JerernyT@ igard-or.gov. The cover letter must clearly
identify where in the submittal the required information is found:
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 3 OF 17
11. Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities
must be constructed,completed and/or satisfied.
12. Prior to final inspection,the applicant must record all public utility easements with Washington County and
provide a recorded copy to the City.
13. Prior to final inspection,the applicant must provide Autocad files and pdf files of the as-built drawings.
SECTION III. BACKGROUND INFORMATION
The location of the proposed plaza on Tax Lot 202 west of Burnham Street and north of Ash Street currently
consists of a paved lot and grassy area in the footprint of the recently demolished commercial building,with a fringe
of vegetation along the southern edge of the lot. The total plaza site area is 1.20 acres and was previously fully
developed with 90 percent impervious groundcover (asphalt parking and building root).The western half of the site
currently sheet flows over asphalt parking directly to the wetland. Adjacent land uses include Burnham Street to the
east, B&B Printing to the south, and Stevens Marine to the north, and Fanno Creek Park to the west (Tax Lots 203
and 204)
Within the Fanno Creek Park portion of the project area, a total of 1.38 acres of emergent wetland and 0.36 acres of
Fanno Creek are present. Stream and wetland restoration occurred within this open space during 2018, as part of
CWS's stream realignment project. All previously identified vegetated corridors associated with the stream
realignment project were recently planted with native species. Shrub and tree species are becoming established and
are on a trajectory to meeting CWS's goal of establishing a riparian corridor of native vegetation.
The proposed path will connect the plaza with the FCT,which is the main north-south walking and cycling route in
south Washington County, and is the parallel walking and cycling route to Interstate 5 and OR 217. The FCT is
identified as a Regional Trail in Metro's Regional Transportation Plan Regional Pedestrian and Bicycle Networks.
The FCT was recently improved with the CWS re-meander project including a new bridge near where the path is
proposed to connect within the unimproved right-of-way for Ash Street within Fanno Creek Park.
Proposed Request
The City of Tigard proposes to construct Universal Plaza and a connecting multi-use path from the Plaza to the
nearby Fanno Creek Trail. The Plaza is designed to function as a community public space that will include an
interactive water feature, outdoor recreation areas, swings, restrooms, two outdoor event areas, an overhead canopy
to provide shelter (Phase II),landscaping,lighting and stormwater facilities.
The Plaza's proposed stormwater detention facility and a portion of its path system is located partially within the
50-foot buffer of Tigard Significant Wetlands. The proposed multi-use trail connection to the existing Fanno Creek
Trail (FCT) passes through Fanno Creek Park and portions of restored vegetated corridor and Tigard Significant
Wetlands related to the recent CWS re-meander of Fanno Creek. All of these improvements are also located within
the Special Flood Hazard Area.
A comprehensive plan amendment is requested to remove Goal 5 protection from a combined total of 0.194 acres
of locally significant wetlands and City regulated vegetated corridors. The amendment is supported by an
environmental, social, economic, and energy (ESEE) analysis (Attachment 2). This comprehensive plan change will
allow for the construction of the plaza and path that would otherwise be prohibited from construction by the
location of existing locally significant wetland. The breakdown of impacts to significant resources is outlined in the
following table.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 4 OF 17
Regulated City Resource Total Proposed Mitigation
Areas (sq ft/acres)
Locally Significant Wetland
Permanent Impacts 159/0.004 Purchase through wetland
Mitigation bank credits
Temporary Impacts 1,352/0.03 Restoration planting in place
re uired.
Vegetated Corridors
Onsite removal of existing
Permanent Impacts 8,139/0.19 asphalt and restoring to
vegetated corridor and use of
CWS mitigation credit.
Temporary Impacts 6,424/0.15 Restoration and planting in
lace required.
The path is critical infrastructure and will serve a dual purpose of fulfilling both public transportation and
recreational facility needs. Additionally, the new path section will provide for controlled access to areas it passes
through,thereby reducing the introduction and use of rogue paths,which are common along several sections of the
proposed path route. Project related planting efforts are also intended to reinforce planned and ongoing restoration
efforts and help protect the wetland resources.
A separate Type H Downtown Development Review application will address the Universal Plaza improvements
located outside of sensitive lands.
SECTION IV. NOTICE AND COMMENTS FROM INTERESTED PARTIES
The city sent notice of a Public Hearing to interested parties and posted the request on the city's website on
November 2, 2021. No comments were received before publishing this staff report.
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:
A_nn kable Review Criteria
18.120 Commercial Zones
18.140 Park and Recreation Zones
18.510 Sensitive Lands
18.420 Landscaping and Screening
18.790 Text and Map Amendments
18.910 Improvement Standards
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
The following subsections address only the approval criteria applicable to this decision.
18.120 COMMERCIAL ZONES
18.130.020 List of Base Zones
MU-CBD: Commercial Business District
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 5 OF 17
The proposed plaza,located on property zoned MU-CBD,is classified as a Community Services use, an allowed use
per Table 18.120.1, Commercial Zone Use Standards. Other provisions of this chapter are not applicable because
the proposed project does not include the development types regulated or are otherwise addressed in the
Downtown Plan District, Chapter 18.650, subject to review under a separate DDR application.
18.140 PARKS AND RECREATION ZONE
18.140.030 Other Zoning Regulations
The regulations within this chapter state the allowed uses and development standards for
the base zone. Sites with overlay zones, plan districts, inventoried hazards, and/or
sensitive lands are subject to additional regulations. Specific uses or development types
may also be subject to regulations as provided elsewhere in this title.
The proposed trail, listed as "Transportation/Utility Corridor"under Other Use Categories,is allowed conditionally
in the Parks and Recreation Zone per Table 18.140.1. However, footnote number five states multi-use trails are
allowed. No base zone development standards apply.
18.510 SENSITIVE LANDS
18.510.040 General Provisions for Special Flood Hazard Areas
A portion of the plaza site containing the stormwater facility and the path are located in the FEMA Special
Flood Hazard Area,however,proposed path improvements are not structures as defined by this code section
and, as such,this section is not applicable.
18.510.070 Sensitive Lands Applications.
B. Within a special flood hazard area.
1. Compliance with all of the applicable requirements of this title;
2. Land form alterations shall preserve or enhance the special flood hazard area storage function and
maintenance of the zero-foot rise floodway shall not result in any encroachments,including fill,
new construction, substantial improvements and other development unless certified by a registered
professional engineer that the encroachment will not result in any increase in flood levels during
the base flood discharge;
As shown on Exhibit C of the No Net Rise Memorandum, KPFF,July 12, 2021, the proposed plaza and path are
not located within the floodway of Fanno Creek but are located within the floodplain fringe.This standard does not
apply.
3. Land form alterations or developments within the special flood hazard area shall be allowed only in
areas designated as commercial or industrial on the comprehensive plan land use map,except that
alterations or developments associated with community recreation uses,utilities, or public support
facilities as defined in Chapter 18.120 of the community development code shall be allowed in areas
designated residential subject to applicable zoning standards;
Improvements within the special flood hazard area for the plaza and path are proposed in areas zoned commercial
Mixed Use Central Business District (MU-CBD) and Parks and Recreation (PR).The proposed landform alterations
are allowed in the commercially zoned areas.Multi-use trails are categorically allowed in the PR zone (per Table
18.140.1 Parks and Recreation Zone Use Standards).This standard is met.
4. Where a land form alteration or development is permitted to occur within the special flood hazard
area it will not result in any increase in the water surface elevation of the 100-year flood;
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 6 OF 17
As demonstrated in the No Net Rise Memorandum,KPFF,July 12, 2021, "The site improvements located within
the floodplain were designed to provide a no-net-rise in earthwork/volume within the designated Special Flood
Hazard Area. A cut and fill exercise was completed to determine the final impacts, see attached Exhibit D
"Floodplain Grading". The overall earthwork balance for the Plaza and Path projects results in a net cut of 80 cubic
yards (CY). Cut and fill elevations and volume were determined from existing surface to top of finished grade
surface. Earthwork volume affected by pavement sections,topsoil stripping,utility trenching, etc. are not included
in this approximation.
220 CY, CUT (Plaza) —75 CY,FILL (Boardwalk Path) —65 CY,FILL (Asphalt Path) = 80 CY, CUT
As seen in the attached exhibits and stated above, construction in the Special Flood Hazard Area consists of net
excavation, creating a surplus of cut which will not negatively impact the volume or storage capacity of the Special
Flood Hazard Area."
As explained in the analysis above,the proposed development will not result in any increase in the water surface
elevation of the Special Flood Hazard Area. This standard is met.
5. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance
with the adopted pedestrian/bicycle pathway plan,unless the construction of said pathway is
deemed by the hearings officer as untimely;
The path is not identified in the City's 2035 Transportation System Plan (TSP) because at the time it was last
amended in 2017 the plaza site had not yet been secured.This standard does not apply.
6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife
habitat assessment that shows the proposed alignment minimizes impacts to significant wildlife
habitat while balancing the community's recreation and environmental educational goals;
According to the Natural Resources Assessment,PHS,Updated August 23,2021,PHS completed a wildlife habitat
assessment for the proposed new path section located within the special flood hazard area of Fanno Creek that
concludes, on page 6, that "no measurable decrease in available habitat is anticipated." The proposed alignment
minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental
educational goals. These standards are met.
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board,Division of State
Lands, and CWS permits and approvals shall be obtained; and
The proposed project will encroach within the special flood hazard area and within Tigard Significant Wetlands.
Therefore,a Joint Permit Application for proposed impacts to wetlands will be submitted by PHS to both Oregon
Department of State Lands and the U.S. Army Corps of Engineers. Conditions will be imposed to ensure
compliance with CWS's stormwater connection permit and Service Provider Letter.This standard is met.
8. Where landform alterations and/or development are allowed within and adjacent to the special
flood hazard area, the city shall require the consideration of dedication of sufficient open land area
within and adjacent to the special flood hazard area in accordance with the comprehensive plan.
This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle
pathway within the special flood hazard area in accordance with the adopted pedestrian/bicycle
pathway plan.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 7 OF 17
Portions of the proposed Universal Plaza will be allowed within and adjacent to the Special Flood Hazard Area,the
area is also adjacent to Fanno Creek Park, which already consists of sufficient dedicated open land area within and
adjacent to the Special Flood Hazard Area in accordance with the comprehensive plan. This area is where the
construction of the pedestrian/bicycle pathway from the FCT to the plaza is proposed. The path was not identified
in the adopted Transportation System Plan or Greenways Trail System Master Plans as both plans predated
acquisition of the plaza site and the resulting need for the path connection.As designed, and shown in Exhibit D of
the No Net Rise Memorandum, the path alignment is of a suitable elevation (144 feet to 148 feet elevation) for the
construction of the pathway within the Special Flood Hazard Area.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
sign'if'icant 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;
Portions of the proposed land-form alterations and development are located partially within Tigard Significant
Wetlands (path) and its associated 50-foot vegetated corridor buffer (paths and stormwater facility). These impacts
will be addressed as required by Section 18.510.100 Plan Amendment Option. This standard is met.
3. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than the minimum required for the use;
Land form alterations have been limited to the minimum area required for construction of the plaza elements within
sensitive lands as shown in the Natural Resource Assessment's (NRA) Stormwater Basin Map Options (Option 2A
proposed), which reduced the stormwater facility footprint to 1,600 square feet within the buffer. The proposed
connecting path has been designed to be both functional and safe for use as a multi-use path accommodating both
pedestrians and bicycles. This includes minimizing the width of the at-grade segment to 10 feet (from 12 feet) and
limiting the boardwalk segment to 12 feet,which also functions as an overlook for the Creek.With these permanent
encroachments and the temporary construction access encroachments shown on Figure 4 of the NRA, the extent
and nature of the proposed land form alteration and development will not create site disturbances to an extent
greater than the minimum required for the use.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;
As show in Figure 4A of the NRA,permanent wetland impacts from a portion of the elevated boardwalk (456
square feet, 0.01 ac),will be mitigated through the purchase of wetland credits from one of the two wetland
mitigation banks with service areas that encompass the Tigard area.This standard is met.
5. Where natural vegetation has been removed due to land form alteration or development, erosion
control provisions of the Surface Water Management program of Washington County must be met
and areas not covered by structures or impervious surfaces will be replanted in like or similar
species in compliance with CWS "Design and Construction Standards";
Compliance with the erosion control provisions of the Washington County's Surface Water Management program
and replanting of disturbed areas will be ensured through conditions of approval implementing the conditions of
CWS's stormwater connection permit and Service Provider Letter. As conditioned,this criterion is met.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 8 OF 17
6. All other sensitive lands requirements of this chapter have been met;
All other sensitive lands requirements have been met, as detailed through findings to the applicable standards in
Section 18.510. 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;
The proposed project will encroach within the Special Flood Hazard Area and within Tigard Significant Wetlands.
Therefore,a Joint Permit Application for proposed impacts to wetlands will be submitted by PHS to both Oregon
Department of State Lands and the U.S. Army Corps of Engineers . Conditions will be imposed to ensure
compliance with CWS's stormwater connection permit and Service Provider Letter.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
All of the elements, resource areas, and policies referenced above have been addressed through findings for the
Tigard Development Code's implementing standards within this application. This standard is met.
18.510.080 Special Provisions for Development within Locally Significant Wetlands and Along the
Tualatin River,Fanno Creek, Ball Creek, and the South Fork of Ash Creek
A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the
safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands,
all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map"
are protected. No land form alterations or developments are allowed within or partially within a
significant wetland,except as allowed/approved pursuant to Section 18.510.100.
The subject property includes locally significant wetlands that are identified as locally significant wetlands on the
City of Tigard "Wetlands and Stream Corridors" map and are, therefore, protected. A wetland delineation for the
CWS Fanno Creek re-meander project and an additional delineation by Pacific Habitat Services, Inc. established the
wetland boundary as shown on the project site plans. Proposed impacts to significant wetlands are addressed below
in compliance with Section 18.510.100.B. The applicant has applied for the Plan Amendment Option in Section
18.775.130 to remove Goal 5 protections from 0.194 acres of significant wetlands to allow the proposed trail.
18.510.100 Plan Amendment Option
A. Comprehensive plan Amendment. Any owner of property affected by the Goal 5 safeharbor (1)
protection of significant wetlands and/or (2) vegetated areas established for the Tualatin River,
Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a quasi-judicial
comprehensive plan amendment under Type IV procedure. This amendment must be based on a
specific development proposal. The effect of the amendment would be to remove Goal 5 protection
from the property, but not to remove the requirements related to the CWS Stormwater Connection
Permit, which must be addressed separately through an alternatives analysis, as described in
Section 3.02.5 of the CWS "Design and Construction Standards." The applicant shall demonstrate
that such an amendment is justified by either of the following:
B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE)
consequences analysis prepared in accordance with OAR 660-23-040.
The applicant has chosen to demonstrate the amendment is justified through an ESEE analysis, rather than a
demonstration that the wetlands are not significant.
An ESEE Analysis by PHS, Inc., dated September 29, 2021 prepared in accordance with OAR 60-23-040_provides
CPA2021-00004 LWVERSAL PLAZA CPA PAGE 9 OF 17
justification for removal of Goal 5 protection from 0.004 acres (159 square feet) of wetland from the Local Wetland
Inventory and to remove 0.19 acres (8,139 square feet) of associated buffer, on the subject property. The analysis
concludes that "limiting the conflicting use will result in the most beneficial consequence of the three protection
scenarios for the City. A decision to limit the conflicting use will avoid many of the negative consequences
attributed to either allowing or prohibiting the conflicting use, but more importantly will allow benefits to be
realized. There is a wealth of data available documenting the economic, social, and energy benefits that can be
realized from an efficient trail system and a community space. It is true too, that although limiting the conflicting
uses will impact the wetland, the relatively low functions and values of the wetland will be offset by the use of
wetland mitigation credits from a local wetland mitigation bank."
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;
The Site Specific ESEE Analysis in Section 4.0 considers the economic, social, environmental, and energy
consequences of allowing, limiting, and prohibiting the proposed conflicting use. In summary, limiting the
conflicting use would adversely impact a small portion, 0.004 acres of Wetland E-6, from the City's Wetlands and
Streams Corridors Map and 0.19 acres of the wetland buffer but would otherwise provide education and recreation
benefits and help limit demand paths that could result in greater degradation of sensitive lands. As the location of
the Universal Plaza site is unique in the city for its intended purpose,comparison with other comparable sites within
the Tigard Planning Area is unwarranted.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, Economic Consequences, Section 4.1, prohibiting the proposed conflicting use
would avoid a relatively modest capital construction expenditure by the City for the costs of the trail section and for
ongoing maintenance, but the economic benefit of optimizing the plaza extent and completing the connection with
the Fanno Creek Trail (enhanced access,improved connectivity, maximum user benefit, economic benefits that can
be attributed to the creation of the plaza as a community showpiece)will outweigh these relatively small costs.
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 proposed plaza and path use cannot be located on buildable land on other sites within the Tigard Planning
Area because other sites could not meet the specific needs of the Universal Plaza. The Universal Plaza site was
acquired by the City for the purpose of providing a central downtown location for a civic urban park. The Plaza site
was the culmination of a deliberate planning process with City Council review and approval. A public design
development process resulted in the design of the proposed programmable portion of the Plaza. The design of the
subject property's western edge to accommodate a stormwater facility adjacent to the Fanno Creek remeander site
includes a portion of the vegetated corridor (VC) and is the subject of the alternatives analysis described in the NRA
with the preferred alternative that minimizes encroachment into the VC to the maximum extent feasible.
With the location of the Universal Plaza park established, providing access to the site with a connecting path to
nearby FCT was an important addition to the City's growing pedestrian network within the urbanizing core of the
city. The intent of the Fanno Creek Trail is to promote bicycle and pedestrian "off-street" alternatives for walking
or commuting to commercial,residential and public areas in the Tigard area,including Universal Plaza.There are no
development options for the new connecting path that will not disturb sensitive areas or VC within the available
publicly owned land. The only alternative that avoids the wetland and VC is to require pedestrians to utilize existing
sidewalks and streets on Ash Avenue and Bumahm Street, but this would not serve desire lines expected in the
direction of the FCT or interest in exploring Fanno Creek Park and Fanno Creek itself.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 10 OF 17
Because of the adjacent proximity of the Plaza to Fanno Creek Park and its associated wetland resources, the
importance of providing access for connectivity and access management control, and the function provided by the
boardwalk for access to and appreciation of the resource, the use cannot be located on buildable land, consistent
with the provisions of this chapter. This standard is met.
4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands
ecologist and a land use planner or land use attorney, all of whom are qualified in their respective
fields and experienced in the preparation of Goal 5 ESEE analysis;
The ESEE Analysis was prepared by a qualified team consisting of a land use planner and environmental scientist
qualified in their respective fields with experience compiling such analyses. The Project Team for the
Comprehensive Plan Amendment and ESEE Analysis includes Shawn Eisner, Project Manager and Natural
Resource Specialist Planner with Pacific Habitat Services and John van Staveren, Professional Wetland Scientist
(PWS) and President of Pacific Habitat Services. This standard is met.
5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the
Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" shall be
amended to remove the site from the inventory.
On approval of this request, the ESEE analysis will be incorporated by reference into the Tigard Comprehensive
Plan, and the "Tigard Wetland and Stream Corridor Map"will be amended to remove the sites from the inventory.
18.420 LANDSCAPING AND SCREENING
18.420.030 General Provisions
A. All required trees must meet the city's Urban Forestry Manual(UFM) standards as follows:
1. Street trees must meet the street tree planting and maintenance standards in UFM Section 2 and
street tree soil volume standards in UFM Section 12;
2. Parking lot trees must meet the parking lot tree canopy standards in UFM Section 13; and
3. All other trees must meet the tree canopy site plan requirements in UFM Section 10, Part 2.
An Urban Forestry Plan was prepared/approved by Todd Prager, RCA #597,International Society of
Arboriculture (ISA) Board Certified Master Arborist with Teragan&Associates,Inc.The Plan is included in
Attachment S. Section one and two above do not apply as this is a trail project. This standard is met.
18.420.040 Landscaping Standards
A. Landscaping standards are provided in Table 18.420.1. Landscaping standards must be met as required
by the applicable development standards chapter in 18.200 Residential Development Standards or
18.300 Nonresidential Development Standards.
B. Landscaping or other areas used to meet the minimum landscape area standard must be provided on
site and may be met by any combination of the following:
1. Landscaping,including parking lot landscaping, that meets the L-1 or L-2 landscaping standard;
2. Landscaping that meets the S-2, S-3, or S-4 screening standard as provided in Table 18.420.2 where
required by the applicable development standards chapter; or
3. Other areas as specified by the applicable development standards chapter.
There is no minimum landscape area standard for a trail use. These standards do not apply.
18.420.060 Tree Canopy Standards
A. Site tree canopy standards, which are stated as a percentage of effective tree canopy cover for an entire
site, are provided in UFM Section 10, Part 3, Subparts N and O. Parking lot tree canopy standards are
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 11 OF 17
provided below.
The Project is considered non-residential development and a minimum 25 percent effective tree canopy cover is
required for the overall development site.A Supplemental Arborist Report,dated September 23, 2021 has been
prepared for the path and plaza site by Todd Prager,RCA#597,International Society of Arboriculture (ISA) Board
Certified Master Arborist with Teragan&Associates, Inc. The Tree Preservation &Removal Site Plan (Sheet
LU3.0) and Tree Canopy Plan (Sheet LU3.1) are included in the Report.As shown in the Report, 81 percent
effective tree canopy is provided for the whole site,which meets the minimum 25 percent requirement. This
standard is met.
B. An urban forestry plan is required to demonstrate compliance with site and parking lot tree canopy
standards and must meet the requirements of UFM Sections 10 through 13. An urban forestry plan
must:
1. Be coordinated and approved by a project landscape architect or project arborist, i.e. a person that
is both a certified arborist and tree risk assessor, except that land partitions may demonstrate
compliance with effective tree canopy cover and soil volume requirements by planting street trees
in open soil volumes only;
2. Demonstrate compliance with UFM tree preservation and removal site plan standards;
3. Demonstrate compliance with UFM tree canopy and supplemental report standards and provide
the minimum effective tree canopy cover;
4. Demonstrate compliance with parking lot tree canopy standards, where applicable, by providing
the minimum effective tree canopy cover of 30 percent for all parking areas, including parking
spaces and drive aisles. Only the percentage of tree canopy directly above parking areas may count
toward meeting this standard; and
5. Include street trees where right-of-way improvements are required by Chapter 18.910, Improvement
Standards.
a. The minimum number of required street trees is determined by dividing the length in feet of
the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street
trees is the nearest whole number. More than the minimum number of street trees may be
required along the site's frontage depending upon the stature of trees chosen and the specific
spacing standards for the chosen trees.
b. Street trees must be planted within the right-of-way wherever practicable. Street trees may be
planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not
practicable as determined by the City Engineer.
c. An existing tree may be used to meet the street tree standards provided that:
i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses
is either within the subject site or within the right-of-way immediately adjacent to the
subject site; and
ii. The tree would be permitted as a street tree in compliance with UFM street tree planting
and soil volume standards if it were newly planted.
Tree protection fencing and other root protection measures are to be utilized.
The disturbed areas adjoining the sides of the trail will be seeded to provide a safety corridor for good views and
surveillance. The land managers of each parcel(CWS and Tigard) have long term restoration planting goals the site
that will be restored using appropriate plant materials and spacing to support the various habitats as well as provide
good visual access for safety.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 12 OF 17
Only one tree is proposed for removal,this tree is an 11-inch DBH columnar English oak (Quercus Mbur`Fastigiata�
that conflicts with proposed utilities and grading. The effective tree canopy cover is 81 percent of the overall
development area.As conditioned these standards are met.
18.910 IMPROVEMENT STANDARDS
18.910.100 Storm Drainage
A. General provisions. The Director and City Engineer shall issue a development permit only where
adequate provisions for stormwater and floodwater runoff have been made, and:
1. The storm water drainage system shall be separate and independent of any sanitary sewerage
system;
2. Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
3. Surface water drainage patterns shall be shown on every development proposal plan.
A Preliminary Stormwater Report (dated September 27, 2021) for the Universal Plaza site has been prepared by
KPFF and is submitted with the application. Due to the topography of the site and specific storm water
management requirements,the stormwater runoff from the site is proposed to be collected and detained in the low
area of the site (southwest).As a portion of the detention facility is within the 50-foot buffer of Tigard Significant
Wetlands and within the floodplain,it is subject to sensitive lands review in this application.
The site plan shows stormwater is separate and independent of any sanitary sewerage system. Surface water is not
carried across any intersection or allowed to flood any street. Surface water drainage patterns are shown on the
development plan.This standard is met.
B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream,there
shall be provided a stormwater easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width as will be adequate for conveyance and maintenance.
The proposed Universal Plaza and boardwalk are on public land. The applicant proposes to connect
a new 12-inch storm line through the neighboring property to the south in a new easement.
Prior to final inspection,the applicant must record all public utility easements with Washington County and provide
a recorded copy to the City.
Through the Conditions of Approval, this standard is met.
C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to
accommodate potential runoff from its entire upstream drainage area, whether inside or outside the
development, and the City Engineer shall approve the necessary size of the facility, based on Clean
Water Services requirements.
Culverts are not proposed or deemed necessary to accommodate an upstream drainage area. This standard is met.
D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional runoff
resulting from the development will overload an existing drainage facility, the director and engineer
shall withhold approval of the development until provisions have been made for improvement of the
potential condition or until provisions have been made for storage of additional runoff caused by the
development in compliance with Clean Water Services requirements.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 13 OF 17
A Preliminary Stormwater Report (dated September 27, 2021) for the Universal Plaza site has been prepared by
KPFF and is submitted with the application. The site falls within the CWS jurisdiction and must meet Water
Quality, Conveyance and Hydromodification requirements. The total site area is 1.20 acres and was previously fully
developed with 90 percent impervious groundcover (asphalt parking and building roof). The western half of the site
currently sheet flows over asphalt parking directly to the wetland. The proposed plaza development will
significantly reduce impervious area on the site to about 43 percent impervious groundcover (concrete plaza and
future canopy building roof). Because the project results in the permanent removal of more than 1,000 square feet
of impervious surface, the treatment area is zero based on section 4.08 of CWS Design and Construction Standards.
The project is required to meet hydromodification requirements for all new or modified impervious surface
proposed; thus, a vegetated detention pond with flow control structure is proposed.
In addition, the site plans and storm drainage report for the path indicate that the project proposes to utilize filter
strips, include the existing Vegetated Corridor where necessary, as well as construct infiltration trenches along the
side of the path to treat the run-off generated from the path. Run-off from the path surface will sheet flow to either
the Vegetated Corridor or the infiltration trenches where it is paved asphalt on-grade.The boardwalk portion of the
path, elevated over landscaped vegetated corridor and wetlands, is considered pervious and does not require
stormwater drainage facilities.
Prior to commencing any site work,the applicant must submit site plans and a final storm drainage report as part of
the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and
detained for review and approval. The storm drainage report must be prepared and include a maintenance plan in
accordance with CWS Design and Construction Standards and the City of Tigard Standards.
Prior to commencing any site work, the applicant must obtain a CWS Stormwater Connection Authorization prior
to issuance of the City of Tigard PFI Permit. Plans must be submitted to the City of Tigard for review. The City
will forward plans to CWS after preliminary review.
Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities must be
constructed, completed and/or satisfied.
Through the Conditions of Approval,this standard is met.
18.910.150 Installation Prerequisite
A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been
approved by the city,permit fee paid, and permit issued.
B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the city for
construction and other services in connection with the improvement. The permit fee shall be set by
council resolution.
Prior to commencing any site work, the applicant must submit a Public Facility Improvement(PFI) Permit to cover
all infrastructure work including stormwater (water quality and quantity facilities) and any other work in the public
right-of-way. Four(4) sets of detailed public improvement plans must be submitted for review to the Engineering
Department. An Engineering cost estimate of improvements associated with public infrastructures including but
not limited to street, street grading,utilities, stormwater quality and water suantity facilities sani sewer,
streedights,and franchise utilities are rgquired at the time of PFI Permit submittal. When the waters stem is under
the Ci of Tigard Jurisdiction an eering cost estimate of water im rovement must be listed as a s arate line
item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 14 OF 17
Division and should only include sheets relevant to public improvements. Public Facility Improvement Permit
plans must conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and
the City's web page (www.tigard-or.gov).
Improvements associated with public infrastructures including street and right-of-way dedication,utilities,grading,
water quality and quantity facility, streetlights, easements, easement locations, and utility connections must be
designed in accordance with the following codes and standards:
• City of Tigard Public Improvement Design Standards
• Clean Water Services (CWS) Design and Construction Standards
• Tigard Community Development Codes,Municipal Codes
• Tualatin Valley Fire and Rescue ('IVF&R) Fire Codes
• Other applicable County, State, and Federal Codes and Standard Guidelines
Prior to commencing any site work, the applicant must provide a construction vehicle access and parking plan for
approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking must be provided onsite. No construction
vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles
include the vehicles of any contractor or subcontractor involved in the construction of site improvements or
buildings proposed by this application and must include the vehicles of all suppliers and employees associated with
the project.
Through the Conditions of Approval,this standard is met.
18.910.170 Plan Check
A. Submittal requirements. Work shall not begin until construction plans and construction estimates have
been submitted and checked for adequacy and approved by the City Engineer in writing. The
developer can obtain detailed information about submittal requirements from the City Engineer.
B. Compliance.All such plans shall be prepared in compliance with requirements of the city.
Improvements associated with public infrastructure and stormwater facilities including street and right-of-way
dedication,utilities,grading,water quality and quantity facility, streetlights, easements, easement locations, and utility
connection for future utility extensions are subject to the City Engineer's review,modification, and approval.
Through the Conditions of Approval, this standard is met.
18.910.190 City Inspection of Improvements
Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may
require changes in typical sections and details if unusual conditions arising during construction warrant
such changes in the public interest.
Requirements for City Inspection will be coordinated during PFI Permitting.
Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities must be
constructed,completed and/or satisfied.
Prior to final inspection,the applicant must provide Autocad files and pdf files of the as-built drawings.
Through the Conditions of Approval,this standard is met.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 15 OF 17
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 was notified of the proposal but provided no comment.
Oregon Department of Land Conservation and Development, Oregon Division of State Lands,
Washington County, and Metro were notified of the proposal but provided no comment.
Clean Water Services issued a Service Provider Letter (CWS file 21-000530) for this proposal on September 15,
2021, and determined that this project will significantly impact the existing or potentially sensitive area(s) found near
the site. The agency also submitted written comments, dated November 16, 2021, requesting a condition of
approval that requires the applicant to obtain Storm Water Connection Permit Authorization.This request has been
incorporated into the conditions of approval. The City of Tigard and CWS have an intergovernmental agreement
stating that the City will ensure implementation of CWS Design and Construction Standards; therefore, this
approval is conditioned to satisfy CWS requirements.
Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections
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 trail connection to Fanno Creek
Trail. The applicant has demonstrated that such an amendment is justified by an ESEE analysis consistent with
OAR 660-23-040.
The ESEE analysis concludes that limiting the conflicting use to the proposed trails would result in the most
positive consequences of the three decision options. A decision to limit the conflicting use will avoid many of the
negative consequences attributed to either allowing or prohibiting the conflicting uses. Through the application of
site design and development standards to conflicting uses, the impacts on the significant wetland further can be
minimized, and the remaining resource can be enhanced. There will be a relatively high level of economic, social,
environmental and energy benefits achieved. Limiting the conflicting use offers the most benefit to the wetland
(through controlled access and enhancement) and to the community (transportation corridor for all and education
opportunities), and it strikes a balance between conflicting uses and regional transportation goals.
CONCLUSION
Based on the findings and analysis, staff finds that the proposed Comprehensive Plan Amendment is consistent
with applicable provisions of the Tigard Development Code, Chapter 18.510 Sensitive Lands. Staff agrees with the
conclusion of the applicant's ESEE Analysis and recommends removing 0.194 acres from the significant wetlands
inventory for public trail connection purposes.
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 16 OF 17
RECOMMENDATION
As demonstrated by the findings above, the Planning Commission by a vote of six in favor and one abstention
found that 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 11
Therefore,the Planning Commission recommends that the City Council adopt by ordinance the proposed
Comprehensive Plan Amendment, thereby removing 0.194 acres from the significant wetlands inventory described
in the "Tigard Wetland and Stream Corridor Map"through the public hearing process.
Attachments:
Attachment 1: Site Maps
Attachment 2:Applicant's ESEE Analysis
Attachment 3: City of Tigard Engineering Department,Memorandum dated
�Y � _ December 22, 2021
PREPARED BY: Monica Bilodeau
Associate Planner
L_
4W12 � �C
_December 22, 2021
APPROVED BY: Tom McGuire
Assistant Community Development Director
CPA2021-00004 UNIVERSAL PLAZA CPA PAGE 17 OF 17
Economic, Social, Environmental, and Energy
Consequences Analysis (ESEE)
Universal Plaza and Trail Connecting the
Universal Plaza with the
Fanno Creek Trail in Tigard, Oregon
Prepared for
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
Prepared by
John van Staveren, SPWS
Shawn Eisner
Pacific Habitat Services,Inc.
Wilsonville, Oregon 97070
(503) 570-0800
(503) 570-0855 FAX
PHS Project Number: 7145
December 3, 2021
TABLE OF CONTENTS
Page
1.0 INTRODUCTION...........................................................................................................1
1.1 ESEE Analysis Requirements................................................................................2
1.2 Existing Local Protections......................................................................................3
2.0 SITE DESCRIPTIONS..................................................................................................4
3.0 SIGNIFICANT WETLAND AND BUFFER IMPACTS............................................4
3.1 Significant Wetlands ..............................................................................................4
3.2 Buffers....................................................................................................................5
3.3 Descriptions of the Conflicting Use.......................................................................6
4.0 SITE SPECIFIC ESEE ANALYSIS.............................................................................7
4.1 Economic Consequences........................................................................................8
4.2 Social Consequences............................................................................................10
4.3 Environmental Consequences ..............................................................................11
4.4 Energy Consequences...........................................................................................13
5.0 CONCLUSIONS AND RECOMMENDATIONS......................................................14
5.1 Decision................................................................................................................15
APPENDIX A: Figures
1.0 INTRODUCTION
The City of Tigard(City)proposes to construct the Universal Plaza and a connecting multi-use
path from the Universal Plaza to the nearby Fanno Creek Trail. The Universal Plaza,which is
proposed for development at 9100 SW Burnham Street is designed to function as a community
public space that will feature interactive and engaging experiences both onsite and virtually, and
will include events,gatherings, art installations, and other community focused activities. The
project will include an interactive water feature, outdoor recreation areas, swings, restrooms,two
outdoor event areas, an overhead canopy to provide shelter, landscaping, lighting, and
stormwater facilities. The connecting trail includes both at-grade and boardwalk components and
will be 10-feet wide. It will connect with the Fanno Creek Trail,which is a regional multi-use
path that will eventually connect the West Hills of Portland, at the headwaters of Fanno Creek,to
the Tualatin River at Durham. It is a regional trail in Metro's Regional Transportation Plan
Regional Pedestrian and Bicycle Network'.
The proposed trail connection and a portion of the Universal Plaza will require construction
within one Locally Significant Wetland(LSW) as well as buffers associated with the significant
wetland adjacent to Fanno Creek(Statewide Planning Goal 5 resources). As construction within
these features is not allowed without an approved Comprehensive Plan Amendment,the City is
pursuing an amendment to remove 0.004 acres (159 square feet) of wetland from the Local
Wetland Inventory2 and to remove 0.13 acres (5,755 square feet) of associated buffer.These
actions will remove the land from sensitive lands protections as provided by Tigard
Development Code (TDC) 18.510.100. The following table itemizes the permanent impacts to
sensitive lands that will be required for implementation of the project.
Universal
Resource/Impacts Total
(sq mac) Plaza (sq ft/ac)
(sq ft/ac
Locally Significant Wetland
Permanent Impacts 159/0.004 0.0/0.0 T 159/0.004
Goal 5 Buffers
Permanent hn acts 1,836/0.04 3,919/0.09 5,755/0.13
Impacts to the significant wetland and its buffer will be required from trail construction and from
grading for the Universal Plaza and its stormwater facility. Of the total 0.13 acres (5,755 square
feet)of buffer, 0.06 acres (2,754 square feet) are already impacted by the previous development
of 9100 SW Burnham Street. As such,approximately half of the total impact to buffers is to
developed surfaces.
The encroachments to both wetlands and buffers have been minimized to the extent practicable.
Mature native trees have been avoided and the trail has been aligned to keep out of a larger
portion of the significant wetland adjacent to Fanno Creek. By necessity,the path must cross
sensitive areas in order to connect the Universal Plaza with the Fanno Creek Trail. In fact,the
'2014 Regional Active Transportation Plan(Metro,2014)
2 City of Tigard Local Wetlands Inventory Wetlands Assessment(Fishman Environmental Services, 1994)
ESEE for Trail Construction linking Universal Plaza to Fanno Creek Trail and for the construction of Universal Plaza in Tigard
Pacific Habitat Services,Inc./PHS#7145
Page 1
trail section cannot be constructed if avoidance of sensitive areas were required; the only other
pedestrian or bicycle options to connect the Universal Plaza to Fanno Creek Trail currently exists
in the form of public sidewalks or street routes along Burnham Street and Ash Street that are
indirect and could pose issues for people with limited disabilities. The proposed route is the most
straightforward route that could be identified for the path alignment on publicly owned property.
The path is designed to control access through the resource area of expected desire lines for those
Universal Plaza visitors interested in seeing Fanno Creek, experiencing Fanno Creek Park, and
using the trail to access the Fanno Creek Trail. Likewise,the full extent of the Universal Plaza
cannot be utilized without developing the portion that will impact a small amount of wetland and
buffers.
As described in the Plan Amendment Option section(TDC 18.5 10.100),the Code allows
applicants to impact significant wetlands and City-regulated buffers if the amendment is justified
under one of two options. The first option is to conduct an Economic, Social, Environmental, and
Energy(ESEE) analysis that considers the consequences of allowing the proposed conflicting
use. The second option,which is specific to wetlands only, is to demonstrate the wetland's
"insignificance."Pacific Habitat Services, Inc. (PHS)reviewed the significance thresholds
included in the City of Tigard's Local Wetlands Inventory3 and determined that the quality of the
wetland adjacent to Fanno Creek warrants its significance designation. As such,the Applicant is
submitting an ESEE analysis in accordance with the necessary comprehensive plan map
amendment via a Type-III procedure.
This report is the ESEE analysis that examines the consequences of potential alternatives
regarding a conflicting use impacting previously documented and protected significant lands in
Tigard. This ESEE analysis has been prepared in accordance with applicable provisions of
Statewide Planning Goal 5 (Goal 5) and the Goal 5 Rule (OAR Chapter 660, Division 023).
1.1 ESEE Analysis Requirements
The analysis is based on the targeted removal of a small portion of one locally significant
wetland(Significant Wetland E-6) and its adjacent buffer, which extends 50-feet from the edge
of the delineated wetland. A portion of the buffer was recently revegeted.
The Goal 5 ESEE analysis involves evaluating the trade-offs associated with different levels of
natural resource protection. As required by the Goal 5 rule, the evaluation process involves
identifying the consequences of allowing, limiting, or prohibiting conflicting uses in areas
containing significant natural resources. Specifically,the rule requires the following steps:
• Identify conflicting uses—A conflicting use is "any current or potentially allowed
land use or other activity reasonably and customarily subject to land use regulations
that could adversely affect a significant Goal 5 resource." [OAR 660-023-0010(1)]
• Determine impact area—The impact area represents the extent to which land uses
or activities in areas adjacent to natural resources could negatively impact those
resources. The impact area identifies the geographic limits within which to conduct
the ESEE analysis.
• Analyze the ESEE consequences—The ESEE analysis considers the consequences
ESEE for Trail Construction linking Universal Plaza to Fanno Creek Trail and for the construction of Universal Plaza in Tigard
Pacific Habitat Services,Inc./PHS#7145
Page 2
of a decision to either fully protect natural resources; fully allow conflicting uses; or
limit the conflicting uses. The analysis looks at the consequences of these options
for both development and natural resources.
• Develop a program—The results of the ESEE analysis are used to generate
recommendations or an"ESEE decision."The ESEE decision sets the direction for
how and under what circumstances the local program will protect significant natural
resources.
1.2 Existing Local Protections
The Universal Plaza will be constructed on property that is zoned Mixed Use Central Business
District(MU-CBD), which is classified as a Community Services use, an allowed use per Table
18.120.1, Commercial Zone Use Standards. The proposed trail is located partially within a
designated Parks and Recreation Zone (PR) and partially within the MU-CBD zone. Table
18.140.1 Parks and Recreation Zone Use Standards identifies"Transportation/Utility Corridors"
as a Conditional Use, but further clarifies under Note S that multi-use paths are allowed uses.
Section 18.140.040.B Allowed development affirms that when associated with a Community
Service use, certain types of developments, such as multi-use trails, are allowed without site
development review provided they comply with the development standards and other regulations
of the TDC.
Each zone classification defines permitted and prohibited uses, as well as development standards
including setbacks and building height restrictions. Sites with overlay zones,plan districts,
inventoried hazards, and/or sensitive lands are subject to additional regulations. Conditional uses
are subject to a Type-III review, and development in or near sensitive lands trigger review under
the City's Sensitive Lands chapter(18.500). Sensitive lands are defined as lands potentially
unsuitable for development because of their location within:
• The 100-year floodplain or 1996 flood inundation line, whichever is greater.
• Natural drainageways.
• Wetland areas which are regulated by the other agencies including the U.S. Army
Corps of Engineers and the Department of State Lands or are designated as
significant wetland on the City of Tigard"Wetland and Stream Corridors Map".
• Steep slopes of 25%or greater and unstable ground; and
• Significant fish and wildlife habitat areas designated on the City of Tigard
"Significant Habitat Areas Map."
The Sensitive Lands chapter outlines the permitted and regulated activities and uses within
sensitive lands, as well as defines the review and approval processes for development
considerations based on the type and intensity of the impact. The chapter further outlines
processes for requests for variances or plan amendments.
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2.0 SITE DESCRIPTION
The Universal Plaza(Tax Lot 202) currently consists of a paved lot, with a fringe of vegetation
along the southern edge of the lot. The connecting trail is proposed on adjacent open space(Tax
Lots 203 and 204)to the south of the Universal Plaza. Within the open space, a total of 1.38
acres of emergent wetland and 0.36 acres of Fanno Creek are present. Dominant species within
the wetland include reed canarygrass (Phalaris arundinacea), hardhack(Spiraea douglasii), soft
rush(Juncus effuses), and grasses, such as tall fescue(Schedonorus arundinaceus) and bluegrass
(Poa sp.). Stream and wetland restoration occurred within this open space during 2018, as part of
Clean Water Services stream realignment project(CWS file number: 18-000570). To the north of
the wetland is a buffer,which was revegetated with native species.
There are two vegetated corridor plant communities within the project area that are regulated by
Clean Water Services (Figure 3). Plant Community A(23,014 square feet/0.53 acres) consists
of the area within 50 feet of Wetland A. This community was impacted in 2018, and
subsequently restored,by CWS as part of their stream realignment project. Plant Community B
(17,987 square feet/0.41 acres)consists of an area previously set aside as "Advanced Mitigation
Credit"for the City of Tigard's use on City projects. Both of these plant communities consist of
recently restored or previous vegetation corridor mitigation areas,which have been approved by
CWS.
3.0 SIGNIFICANT WETLAND AND BUFFER IMPACTS
3.1 Significant Wetland
In 1994,the City of Tigard contracted with Fishman Environmental Services (FES)to prepare its
Local Wetland Inventory (LWI). Expanding upon a wetlands inventory previously completed by
another firma,FES developed an approach for completing the Goal 5 inventory and conducting
the ESEE analyses that identified stream corridor segments as resource units. The study was
completed in 1994 and approved by DSL in 1997. It is the basis for the adopted"Wetlands and
Streams Corridors Map".
The significant wetland proposed for impact by the proposed path includes a small portion of E-
6. Wetland E-6 is mapped surrounding Fanno Creek. When the inventory was conducted, the
reach of Fanno Creek within the project was straight. Two years ago, CWS meandered the creek
to a more natural alignment. Although a wetland delineation was conducted at that time,the
hydrology of the project area has changed, and a new wetland delineation was required. Figure 2
shows the results of the updated wetland delineation,which will be submitted to the Oregon
Department of State Lands (DSL) for review and approval.
Within the project area is 1.38 acres of Wetland E-6. Although recently planted with trees and
shrubs by CWS,the wetland is dominated by herbaceous vegetation and the Cowardin
classification is palustrine emergent, seasonally saturated(PEM . Some Oregon ash(Fraxinus
3 Wetland Inventory and Assessment for the City of Tigard,Oregon(Scientific Resources,Inc., 1989)
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latifolia) is present within the wetland, along with spirea, reed canarygrass, tall fescue, and soft
rush. The hydrogeomorphic (HGM) classification is Slope.
The proposed limits of removal of the 0.004 acres (159 square feet) of wetland is
immediately south of the Universal Plaza. The proposed trail leaves the Plaza at its
southeast comer,where it has no option but to enter wetland. It is then aligned to minimize
the impact to the wetland by bending the trail to the southeast, so that its alignment is
primarily through the buffer. Footings to support the boardwalk portion of the trail will
unavoidably impact 0.004 acres (159 square feet) of Wetland E-6.
In comparing the LWI mapping with the recent wetland delineation, the portion of the
wetland that is proposed to be removed is close to but did not appear to be present(or at
least inventoried)when the LWI report was completed. The change in wetland boundaries
could be due to several factors considering the length of time between the studies and the
disturbance that has occurred to the property in the last several years.
Table 1 below provides summary data from the Tigard Local Wetlands Inventory of the quality
(functions) for E-6.
Table 1 Functions of locally significant wetland proposed for impact
tZ
�-
I
E-5 1.38 H H H L H H H H H
H=High FM=Moderate L=Low NA=Not assessed
The conflicting area is 0.004 acres of significant wetland(E-6). Although in the LWI the wetland
as a whole was attributed a number of high designations for several functions, the small section of
wetland that will be impacted within and immediately adjacent to the Universal Plaza is of lower
quality. Wildlife habitat is impaired due to the close proximity of an adjacent parking lot. Water
quality and hydrologic control functions generally implies a wetland with topographic relief that is
able to store water and prolong contact time with vegetation. The area of conflicting use is flat,
and although vegetated with grasses,will not temporarily detain or slow the flow of water to any
appreciable extent. As such, although the wetland is technically locally significant, in reality, its
functions are generally low and will be offset through the purchase of credits from a local wetland
mitigation bank.
3.2 Buffers
Due to the proximity to Fanno Creek and the adjacent locally significant wetland, the project
area includes an area of City regulated buffers. The regulated limits of this resource area are
identified on the attached graphics but are the same as the location of buffers regulated by
CWS. Although there are differences between the two jurisdictions (e.g., non-significant
wetlands do not include buffers at the City level and CWS only requires corridors 25 feet
wide adjoining wetlands less than one-half acre in size), there is no difference within the
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project area, and a 50-foot corridor is required by both the City and CWS. That said, of the
total 0.13 acres (5,755 square feet) of buffer proposed for impact, 0.06 acres (2,754 square
feet)are already impacted(i.e.,paved)by the previous development of 9100 SW Burnham
Street, with only 3,001 square feet(0.07 acres) of undeveloped area. Mitigation for the
encroachment to vegetated corridor will include deduction from the City of Tigard's
Advanced Mitigation Vegetated Corridor Credit area which is located onsite.
As stated previously, the trail encroachments have been minimized to the extent practicable and
it could not be constructed if avoidance of wetland and its buffer is required. The only other
pedestrian or bicycle options to connect the Universal Plaza to the Fanno Creek Trail are on
public sidewalks or street routes along Burnham Street and Ash Street, which are indirect and
may not be easily accessible to people with limited mobility. The proposed route is the most
straightforward route that could be identified on publicly owned property.
The 0.09 acres (3,919 square feet)of impact to the buffer within the Universal Plaza property is
from the proposed stormwater facility and grading to support the Universal Plaza, including
enhancement of the buffer on either side of the trail in the southern portion of the Plaza by
removing existing pavement followed by plantings. As with the trail,the encroachment has been
minimized to the extent practicable. Due to the topography of the site and specific stormwater
management requirements, the stormwater runoff from the site is proposed to be collected and
detained in the low area of the site(southwest). This area also happens to be within the updated
buffer boundary.
3.3 Description of the Conflicting Use
An important step in the ESEE analysis is identifying conflicting uses that"exist or could occur"
within regionally significant resource areas and identified in the impact area. The Goal 5 Rule
(OAR 660-023-0010) defines conflicting uses as follows:
(1) "Conflicting use"is a land use, or other activity reasonably and customarily subject to land use
regulations, that could adversely affect a significant Goal 5 resource(except as provided in OAR
660-023-0180(l)(b)).Local governments are not required to regard agricultural practices as
conflicting uses.
The Goal 5 Administrative Rule (OAR 660-023-0040)describes how conflicting uses are
identified:
(2) Identify conflicting uses.Local governments shall identify conflicting uses that exist, or could occur,
with regard to significant Goal 5 resource sites. To identify these uses, local governments shall
examine land uses allowed outright or conditionally within the zones applied to the resource site and
in its impact area.Local governments are not required to consider allowed uses that would be
unlikely to occur in the impact area because existing permanent uses occupy the site. The following
shall also apply in the identification of conflicting uses:
A) If no uses conflict with a significant resource site, acknowledged policies and land use
regulations may be considered sufficient to protect the resource site. The determination that there
are no conflicting uses must be based on the applicable zoning rather than ownership of the site.
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(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 S 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)).
The conflicting uses identified in this report are the construction of the trail and the Universal
Plaza. The impacts are unavoidable if a section of trail is to connect Universal Plaza with Fanno
Creek Trail. With the location of the park established,providing access to the site with a
connecting path to nearby Fanno Creek Trail was an important addition to the City's growing
pedestrian network within the urbanizing core of the city. The intent of the Fanno Creek Trail is
to promote bicycle and pedestrian"off-street"alternatives for walking or commuting to
commercial, residential and public areas in the Tigard area, including Universal Plaza. There are
no development options for the new connecting path that will not disturb sensitive areas or VC.
The only alternative that avoids VCs is to require pedestrians to utilize existing sidewalks and
streets, but this would not serve desire lines expected in the direction of the Fanno Creek Trail or
interest in exploring Fanno Creek Park.
The trail connects to the Fanno Creek Trail,which is part of a regional multi-use path envisioned
for connecting the West Hills of Portland, at the headwaters of Fanno Creek,to the Tualatin
River at Durham. In addition to being a project of local concern, Metro's 2018 Regional
Transportation Plan identifies existing and planned sections of the Fanno Creek Trail as a
Bicycle Parkway on the Regional Bike Network Map and as a Pedestrian Parkway on the
Regional Pedestrian Network map. The section leading to the Universal Plaza will add an
important connection
The Universal Plaza will provide a unique community gathering space within the City. For it to
comply with CWS' stormwater treatment and detention standards,plus though of the National
Marine Fisheries Service, a facility must be constructed within the southern part of the property.
This facility,plus grading to support the facility,plus the trail connection, can only occur within
the significant resources.
The 0.004 acres of significant wetland that will be removed from the City's Local Wetland
Inventory,represents only a very small fraction of the total significant wetlands within the City.
4.0 SITE SPECIFIC ESEE ANALYSIS
This section discusses the Economic, Social, Environmental and Energy(ESEE) impacts to the
relevant portions of the two subject wetlands for the following three alternative protection
scenarios:
Prohibit conflicting uses providing full protection of the resource site.
o The action to prohibit the conflicting use would prevent development actions
that conflict with, or degrade, Significant Goal 5 Natural Resources. This
scenario emphasizes resource protection.
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• Limit conflicting uses while offering limited protection of the resource site
(balance development and conservation objectives).
o The action to 'limit conflicting uses'within the context of this ESEE Analysis
is defined as allowing the limited impacts to the wetland and buffers sufficient
to be able to construct a portion of the Universal Plaza and connect it with the
Fanno Creek Trail.
• Allow conflicting uses fully with no local protection for the resource site.
o The action to allow conflicting uses is to allow the development of the full
range of permissible uses noted in the underlying PR zone and MU-CBD
zone. The PR zone includes such amenities as playgrounds,picnic areas,
shelters, structures, sport courts and fields and other related items. The MU-
CBD zone is designed to provide a pedestrian-friendly urban village in
downtown Tigard. A wide variety of commercial, civic, employment,mixed-
use, apartments, and rowhouses are allowed.
4.1 Economic Consequences
The following describes the economic consequences for each of the three protection scenarios.
Prohibit ConflictinLy Uses MR rotection
It is highly likely that once the Universal Plaza is complete, users will enter the Plaza both
from Burnham Street on its northern boundary and from the Fanno Creek Trail on its
southern boundary. The economic consequences of prohibiting conflicting uses will likely
result from several factors including increased maintenance costs due to demand trails being
created by users walking through the buffer and wetland between the Fanno Creek Trail and
the Universal Plaza. The creation of demand trails will adversely impact the vegetation
within the wetland and buffer, which will degrade its functions. The lack of connectivity
between the Fanno Creek Trail and the Universal Plaza would mean that it would not be open
to bicyclists of every capability and would not be useable for those with mobility difficulties.
The Universal Plaza was designed with community input and is intended to be a showpiece
for revitalizing downtown Tigard. The Universal Plaza can be reduced in size if full
protection is selected,but its size ensures the maximum user benefit, which is very important
for the economy of downtown Tigard. The Gallup/Knight Foundation's three-year study
called the Soul of the Community4 found that community spaces that offered were a primary
driver for community attachment,which shows a strong positive correlation between resident
attachment local economic growth. The trail connection between the Fanno Creek Trail and
the Universal Plaza will add to the economic benefits that can be attributed to the creation of
this community showpiece.
a https://)mightfoundation.org/sotc/pdf-documents/
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Numerous studies point to the economic benefits of trails. A study from New Yorks found
that the public investment in building and maintaining trails do not outweigh the revenue
they bring to a community. They noted that trails increase the value of nearby properties and
boost spending at local businesses. Trails make communities more attractive places to live
and, when considering where to move,home buyers rank walking and biking paths as one of
the most important features of a new community.
Trails can influence business location and relocation decisions because companies often
choose to locate in communities that offer a high level of amenities to employees as a means
of attracting and retaining top-level workers. Trails can make communities attractive to
businesses looking to expand or relocate both because of the amenities they offer to
employees and the opportunities they offer to cater to trail visitors. The creation of the
Universal Plaza is expected to attract a large number of people, which can be directly linked
to an increase in the City being an attractive location for businesses to move to.
These benefits represent an economic return on the money invested in this section of trail. As
such,prohibiting the conflicting use would avoid a relatively modest capital construction
expenditure by the City for the costs of the trail section and for ongoing maintenance,but the
economic benefit of completing the connection with the Fanno Creek Trail will outweigh
these relatively small costs.
Limit Conflictin Uses(limited rotection
From an economic standpoint, limiting the conflicting use should have a net positive
economic impact. This economic gain will result from users of the Fanno Creek Trail and the
Universal Plaza being able to freely travel back and forth. The economics of trail use have
been well documented. Consumers have been documented to spend more on equipment(e.g.
bicycles)necessary to use the trail. Metro cites a study from South Carolina,where a bike
shop saw a 20% annual increase in sales resulting from the construction of a nearby trail. The
connection between the trail and the Universal Plaza could generate more money spent by
tourists. Numerous studies across the country have shown an increase in tourism in relation
to trail use, including a$12 million annual increase in recreation dollars associated with trail
use in Virginia. In the Portland area,bicycling tourism and activities generate$89 million in
annual economic activity.' The benefit of both experiences (trail use, and the interactive and
community-gathering focus of the Universal Plaza) should provide a boon to local spending
by a variety of users.
Negative economic consequences associated with limiting the conflicting use include the
annual costs of maintaining the trails and the initial costs of its construction, though short-
term benefits are seen from increased construction-related employment.
As stated above, community gathering spaces provide residents attachment to where they
live,which leads to higher local gross domestic product(Soul of the Community study).
5 Greenways and Trails—Bringing economic benefits to New York(New York Parks and Conservation Association,
July,2018)
6 2014 Regional Active Transportation Plan(Metro,2014)
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Limiting the conflicting use for the Universal Plaza will result in full build out of the Plaza
and with it all of the economic gains that will result.
Allow Conflictine Uses for local protection
The economic consequences of allowing conflicting use for the trail construction are mostly
negative. Allowing most of the permissible uses from the underlying PR zone would result in
degraded wetland functions and values,require a capital expenditure for the City, on-going
management, and related and required mitigation. The benefit of allowing the conflicting use
is a short-term boost for construction and its related benefits,which would not be in balance
with the required mitigation and ongoing costs of infrastructure maintenance.
The economic consequences of allowing the uses for the MU-CBD zone are not likely to be
negative for the City. It is assumed,that the City will choose to develop the same use as that
proposed for the Universal Plaza, although many other development scenarios are possible in
the MU-CBD zone. As such,the economic gains realized by allowing the limited conflicting
use will all apply for allowing the conflicting use.
4.2 Social Consequences
The following describes the social consequences (recreation, community involvement,health
benefits, education, etc.) for each of the three protection scenarios.
Prohibit Conflicting Uses full rotection
Prohibiting the conflicting use would have local, if not regional social consequences.
Prohibiting the conflicting use would potentially restrict access between the Universal Plaza
and the Fanno Creek Trail. People with limited mobility would not be able to travel between
both spaces. The Universal Plaza is a public gathering space that will be used throughout the
year. Its benefit is based on the importance of areas where public discourse and social
interaction can occur, which is essential for a healthy, functioning society. Public spaces,
such as the Universal Plaza, and trails serve as meeting places and foster community
involvement and pride and provide an opportunity for people of different socioeconomic and
ethnic backgrounds to interact.'
Maximizing the Universal Plaza and connecting it with the Fanno Creek Trail will ensure
that passive recreation opportunities like bird watching or environmental learning would be
unhindered and accessible for all.
The value of trails from a social perspective is demonstrated by research that shows quality
of life is an important factor in businesses and workers' location-choice decisions. This could
also extend to the public gathering space that will be Universal Plaza. In Washington,
knowledge-focused industries, such as technology companies, were found to prioritize
quality of life when choosing where to locate and expand. Companies that want their location
to reflect their corporate culture place a higher value on quality of life for their selected
location. Companies see the social benefits of locating in close proximity to trails, such as
The Social,Health,and Heritage Benefits of Trails(GoforGreen,2000)
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allowing their workers to exercise during breaks, and providing opportunities to experience
the mental health benefits of being in nature,to socialize with co-workers, and even to
commute via a trail. These would not be realized if the conflicting use were prohibited.
Limit Conflicting Uses (limited protection)
The social consequences of limiting the conflicting uses in Wetland E-6 and adjacent buffers
are positive. Limiting the conflicting uses will provide significant social benefits to all trail
users, including those with limited mobility, and will ensure the Universal Plaza is as large
and as effective as it can be.
Both the Universal Plaza and the Fanno Creek Trail provide multiple social benefits, as will
the connecting trail. Those who will gain access to the Fanno Creek Trail from Universal
Plaza will be accessing a travel corridor that will provide exercise, education, and social
benefits from interacting in a public setting. It has been documented that people who live
near trails walk on average 15 to 30 minutes more per day than those who live in
neighborhoods with fewer trails or other ways to get around without a car.
The Fanno Creek Trail and the Universal Plaza can provide opportunities for educational
experiences as they can become outdoor classrooms. Having people outside and experiencing
or learning about nature can create a society that is more likely to take the steps needed to
protect our environment and ensure greater community interaction and an increased quality
of life.
Allow Conflicting Uses (no local protection)
The social consequences of allowing the conflicting uses are mixed. The PR zoning would
allow for the development of additional park amenities,but the amenities will likely not be in
keeping with the social benefits that a trail provides. Allowing the conflicting use for the
Universal Plaza is essentially the same as limiting the conflicting use, as we assume the City
will choose to develop the property with the same use.
4.3 Environmental Consequences
The following describes the consequences to water quality,hydrologic control,wildlife habitat
(as well as other relevant factors) for each of the three protection scenarios.
Prohibit Conflicting Uses (full protection)
The environmental consequences of prohibiting the conflicting uses are mixed. The City's
Development Code aims to protect significant wetlands by not allowing direct impacts to
them,but indirect impacts will happen from trail users traversing the gap between the
Universal Plaza and the Fanno Creek Trail. Trail users could create several trails, called
demand trails, in locations where no defined trail exists. Limiting the users to a defined and
controlled location will limit the area of impact. The wetland functions provided by E-6 were
documented as mostly high,though the specific functions of the wetland where impacts are
proposed are moderate to low.
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Prohibiting the conflicting use and reducing the area that can be impacted by the Universal
Plaza will reduce the effectiveness of the uses the Plaza will provide. The connection that
Universal Plaza users will have with Fanno Creek and its buffer has been shown to
encourage people to think and act on their environment. The process of engaging a
community in thinking about their environment is called Placemaking8.Placemaking is
dedicated to encouraging and empowering the public to take ownership and positively
contribute to their world beyond their homes. It has been called an essential element of
environmentalism,though that word is used in the framework of people caring about their
environment and does not mean anything radical. Prohibiting the conflicting use will reduce
the effectiveness of both the plaza and the connecting trail in ways people can interact with
and care for their environment.
Limit Conflicting Uses (limited protection)
Limiting the conflicting use to bridging the gap between the Universal Plaza and the Fanno
Creek Trail and constructing a portion of the Universal Plaza will require approvals from
Oregon's Removal-Fill Law,which is administered by the Oregon Department of State
Lands (DSL) and Section 404 of the Clean Water Act,which is administered by the US
Army Corps of Engineers (Corps). Both the Corps and DSL require an alternatives analysis
to demonstrate that impacting wetlands is unavoidable,but both require mitigation when
avoidance is impracticable. Mitigating,which will likely be through the purchase of credits
at a wetland mitigation bank, ensures there will be compensation for lost wetland functions
and values. DSL requires that before a mitigation bank can be used to compensate for
proposed impacts, a series of Principal Objectives for wetland mitigation must be met(OAR
141-085-0680(2)). These Principal Objectives include requirements such as ensuring the
replacement of lost functions and values and providing local replacement of locally
important functions and values. Wetland E-6 provides mainly moderate to lower quality
functions and values. As such, it can be argued that limiting the conflicting use would allow
for a higher quality mitigated wetland as compensation. Limiting the conflicting use will also
allow impacts to the buffer,though greater than two-thirds of that impact are to areas that
were already developed prior to the property being purchased by the City.
It should be noted that although the trail will impact Wetland E-6,the impact results from the
construction of a boardwalk through and above the wetland. This boardwalk will impact the
wetland but will ensure that hydrologic connectivity within the wetland will remain. As such,
limiting the conflicting use, at least in this area,will not result in complete loss of wetland
function.
Limiting the conflicting use will ensure the maximum benefit is derived from the Universal
Plaza and its connecting trail, such that the benefits of Placemaking and its resulting
environmental awareness will be fully realized.
Allow Conflictine Uses for local protection
The environmental consequences of allowing many of the permissible conflicting uses of the
underlying PR zone is generally negative. Mitigation for impacting the wetlands will likely
s https://www.pps.org/article/happy-earth-day-reframing-the-environmental-movement
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result in improved functions and values elsewhere, but the actual impacts to the wetland
resulting from allowing the conflicting use would likely have indirect impacts to the wetland
and the surrounding environment. Measures, such as boardwalk construction, would likely
not be used to diminish the severity of the impacts.
Allowing the conflicting use will likely result in the same impacts as limiting the conflicting
use, as the City will choose to develop the open space as the Universal Plaza, which can be
seen as the highest and best use of the property.
4.4 Energy Consequences
The following describes the energy consequences (transportation connectivity, efficient urban
development, etc.) for each of the three protection scenarios.
Prohibit Conflicting, Uses(full protection
The energy consequences of prohibiting conflicting uses would likely be negative. The
smaller footprint of the Universal Plaza and the lack of connecting trail may mean that fewer
people use the Plaza. A connecting trail may ensure that some commuters can use the trail to
travel from their home to their work or for social interactions.As stated previously, in 2005
it was estimated that trails in the Greater Portland area save $1.1 billion per year on gas and
other auto-related expenses. Although the gap is small,the energy savings would not be
realized without a connection between the Universal Plaza and the Fanno Creek Trail.
Limit ConflictinL, Uses f limited protection)
The energy consequences of limiting the conflicting use fully develop the Universal Plaza
and to construct the trail would be positive. Creating a connection between the Universal
Plaza and the Fanno Creek Trail will ensure people with disabilities will have access to the
entire Fanno Creek Trail for commuting or travelling between communities, which can save
energy costs. It has been estimated that over 18% of all trips are made by walking and by
bicycle within the Portland area. The City's 2035 TSP describes how traffic congestion has
consistently ranked as the number one issue facing Tigard in community attitude surveys and
the city is committed to finding solutions to this issue. Multi-modal trails are being
constructed all across the country to provide an alternative to gas-powered vehicular traffic.
Allow Conflicting Uses (no local protection)
The energy consequences of allowing the conflicting uses in the PR zone is mixed. Allowing
the conflicting uses in the PR zone will result in a complete trail, which has positive energy
consequences, though could also result in the installation of recreational amenities, such as
playgrounds, shelters, and structures. Maintaining these amenities over many years is not
energy efficient.Allowing the conflicting use will likely result in the same consequences as
limiting, as the City will likely choose to full develop the Universal Plaza.
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5.0 CONCLUSIONS AND RECOMENDATIONS
The following summarizes the anticipated impacts of the three alternatives related to the
conflicting use:
Prohibiting the conflicting use would avoid a relatively modest capital construction
expenditure by the City for the costs of the boardwalk and from on-going maintenance of the
trail. There would be a greater cost for maximizing the footprint of the Universal Plaza. It is
likely, however,that prohibiting the conflicting use will result in degradation of the already
lower quality wetland from trail users choosing to traverse the gap themselves and creating
what are called demand trails. Although the gap will not be accessible to some commuters
and for people with limited mobility, the wetland will be used by those still wanting to make
the connections. Not maximizing the Universal Plaza will result in a loss of benefits that a
trail and the Universal Plaza provide, including economic benefits(e.g., revenue increase
from trail connection, lower health care costs) and social(the community benefits from both
the Universal Plaza and the Fanno Creek Trail,the health and education benefits realized
from trail use, etc.).
Limiting the conflicting use will ensure that the benefits from both a regional trail and the
Universal Plaza are accessible. There is a relatively large pool of data to document the
economic, social, and energy benefits of trail use and community spaces, such as the
Universal Plaza. From an economic perspective,both trails and community spaces can
increase property values, increase tourism, and entice companies, which create jobs,to
relocate to areas that have these amenities. Trails can benefit physical and mental health,
which can in turn reduce medical costs. The Universal Plaza and its connecting trail can
serve as conduits for community involvement and engagement. Passive educational
opportunities are best served by a trail system. This benefit can also be attributed to the
Universal Plaza, which has been designed to be an interactive community space that can be
used year-round.
Limiting the conflicting use would result in the loss of 0.004 acres of wetland and the
permanent impact to 0.13 acres of buffer. The encroachments will result in lost functions and
values of the wetland and buffer,though both will be mitigated, ensuring no net loss of both
resources. As stated above, it should be noted that approximately half of the buffer
impact is to a buffer that has already been developed. Although the wetlands are categorized
as locally significant, in reality, its functions are generally low to moderate and can be offset
through the purchase of credits from a wetland mitigation bank that ensures replacement of
locally important functions and values.
Allowing most of the permissible uses from the underlying PR zone would not only further
deteriorate the wetland resource and the surrounding environment,but the relative costs
would be high for capital construction, mitigation, and on-going management. The
development of non-resource-oriented amenities will likely not fit within the context of the
land surrounding the trail. Allowing uses within the MU-CBD zone underlying much of the
Universal Plaza,will likely be no different than limiting the uses, as the City will likely
choose to develop the same project.
ESEE for Trail Construction linking Universal Plaza to Fanno Creek Trail and for the construction of Universal Plaza in Tigard
Pacific Habitat Services,Inc./PHS#7145
Page 14
5.1 Decision
This analysis concludes that limiting the conflicting use will result in the most beneficial
consequence of the three protection scenarios for the City. A decision to limit the conflicting use
will avoid many of the negative consequences attributed to either allowing or prohibiting the
conflicting use, but more importantly will allow benefits to be realized. There is a wealth of data
available documenting the economic, social, and energy benefits that can be realized from an
efficient trail system and a community space. It is true too,that although limiting the conflicting
uses will impact the wetland,the relatively low functions and values of the wetland will be offset
by the use of wetland mitigation credits from a local wetland mitigation bank.
Based on this analysis,the recommendation is to limit the conflicting use (i.e., remove a small
portion(0.004 acres) of Wetland E-6) from the City's Wetlands and Streams Corridors Map and
0.13 acres of buffer in order to accommodate the future development of the Universal Plaza and
a trail connecting the Universal Plaza with the Fanno Creek Trail.
ESEE for Trail Construction linking Universal Plaza to Fanno Creek Trail and for the construction of Universal Plaza in Tigard
Pacific Habitat Services,Inc./PHS#7145
Page 15
Appendix A
Figures
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\ Existing Development Areas
g / I
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TL 202
elb
o ,,`' `
Buffer Width of 50 Feet
1� As Shown
— 2018 Wetland
Delineated Boundary
ff '
..fr;.f./r�� �
r / r r Significant Wetland E-6
r
(59,917 sf/1.38 ac)
TL 100
;r� TL 203
(Plant Community B)
�r!/r/ir ' 1 .ir� Advanced Vegetated Corridor
r Mitigation Credit Area.
/ ir,,r rrr' \ Il 1 (17,987sfl0.41ac)
r
n 204
Existing Paved Path
(Not Surveyed I
Approximate Location)
r,
F�dsting
PedBage
0/� '
°�6A
� dao
Scera IN FEW
LEGEND
Study Area Boundary Plant Community A(23,078 sf 10.53 ac)
(169,240 sf/3.88 ac) (On Track to Good Per
Significant Wetland E-6 CWS File#18-000570)
(59,917 sf/1.38 ac) Plant Community B(17,987 sf/0.41 ac)
Waters of the State/US Advanced Vegetated Corridor
(15,649 sf/0.36 ac) Mitigation Credit Area.
(On Track to Good Per
......... Ordinary High Water(OHW) CWS File#18-000570)
lr.r Direction of Flow — — —50 Foot Goal 5 Wetland Buffer
Vegetated Corridor Boundary(VC) ® Existing Development Areas
Survey provided by KPFF. (41,065 sf/0.94 ac)
Survey accuracy Is sub-centimeter.
Wetland and Stream boundaries
collected with Trimble Hand Held
GPS Unit accuracy is sub-meter.
PHS Existing Conditions FIGURE
Universal Plaza Trail Connection-Tigard,Oregon 3
Pacific Habitat Services,lnc.
6-1&2021
na..:�waisroaew wm,sroaes
Limits of �I
Disturbance
Buffer Encroachment Within '-
Existing Developed Areas _os i UNIVERSAL PLAZA
(2,754 sf/0.06 ac)
Buffer Encroachment
(1,165sf/0.03ac) ��\,`,
o
Wetland Impact
Boardwalk Footings
t _r (159 sf 10.004 ac)
'
Buffer Width of 50 Feet
— _ As Shown
Buffer Encroachment
i ♦rrrlj//rr!//rj r/r/rr lr *, l' �� \ (1,211 sf/0.03 ac)
�� ♦,j�,r�r,rir�r�rid/irr �,,-- � �'' " 1
� x�
' * � �y--- Proposed Raised Boardwalk
/ �.,• � and Footings(18)
ti y
/n� \
/ ��//rrri I � I l i � 1 ♦ �� �i���
Significant Wetland E-6 i rrr/// I I r/ I�• /'
/� (59,917 sf/1.38 ac)
\ Existing Paved Path / / / !I I /
(Not Surveyed/ ri, r l i li i' /
Approximate Location)
/
Proposed 10'Wide
Asphalt Path
ri
` Buffer Encroachment
(625 sf/0.01 ac)
LEGEND
-- ���r��rr// ■ ■ Study Area Boundary
Existing rirr (169,240 sf/3.88 ac)
Pedestrian 0#r1,rrrrr,
Bridge s�rr _ `°yaa� / Significant Wetland E-6
'41� �c�0�1} / (59,917 sf/1.38 ac)
fed e� \/ rrrrrrr (15,t649aers sf/0. 6atce/the US
/ --......– Ordinary High Water(OHW)
/ Direction of Flow
Wetland Impact
\ (159 sf/0.004 ac)
® Buffer Encroachment
(3,001 sf/0.07 so)
Buffer Encroachment Within
Existing Development Areas
(2,754 sf 10.06 ac)
M eo
50 Foot Goal 5 Wetland Buffer
SCer.6 IN FEW
Site plan provided by Alta
PHS Development Site Plan FIGURE
Universal Plaza Trail Connection-Tigard,Oregon 4
Pacific Habitat Services,lnc.
xnaw,a..eod,a�,mnim�,o.�ume
�,.��smaeoo r�tae7smew 12-2-2027