HomeMy WebLinkAboutOrdinance No. 25-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 25-a 5
AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT, CPA2024-00001, TO
REMOVE GOAL 5 PROTECTION FROM 0.59 ACRES OF LOCALLY SIGNIFICANT WETLANDS
AND 0.14 ACRES OF FANNO CREEK VEGETATED CORRIDOR FROM THE`TIGARD WETLAND
AND STREAM CORRIDOR MAP"INVENTORY.
WHEREAS, Tigard Community Development Code ("TCDC") 18.510.080 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, a Type IV land use 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 an ESEE analysis or a
demonstration of change; and
WHEREAS,TCDC 18.510.100.B further provides that the applicant must 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 0.59 acres of significant wetlands and 0.14 acres of vegetated
corridor from the subject property;and
WHEREAS,on February 3,2025,the Tigard Planning Commission held a public hearing,which was noticed in
accordance with city standards and recommended approval of the proposed CPA2024-00001/ SLR2024-00002/
MMD2024-00002 by a unanimous vote in favor;and
WHEREAS, on July 1, 2025, the Tigard City Council held a public hearing, which was noticed in accordance
with city standards, to consider the Commission's recommendation on CPA2024-00001/ SLR2024-00002/
MMD2024-00002,to hear public testimony,and apply applicable decision-making criteria;and
WHEREAS,Council's decision to approve CPA2024-00001/ SLR2024-00002/MMD2024-00002 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 CPA2024-00001/ SLR2024
-00002/ MMD2024-00002.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE No. 25-0 5
Page 1
SECTION 1: The Tigard City Council approves Comprehensive Plan Amendment, Sensitive Lands
Review, and Minor Modification (CPA2024-00001, SLR2024-00002, and MMD2024
00002).
SECTION 2: The Tigard City Council adopts the findings recommended by the Planning Commission as
contained in the February 3, 2025 Planning Commission Recommendation to the City
Council, included as "Exhibit B" to this Ordinance, as the basis in support of the
corresponding code amendments.
SECTION 3: The Tigard City Council adopts the ESEE analysis as Exhibit C,incorporated by reference
into the Tigard Comprehensive Plan,and amends the"Tigard Wetland and Stream Corridor
Map"to remove the site from the inventory.
SECTION 4 This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number
and title only,this day of 9.44...bi
, 2025.
�et/
Carol A. Krager, City Recorder
{�
APPROVED: By Tigard City Council this day of _ "t- J ,2025.
4129-A_,
Heidi Lueb,Mayor
Approved as to form.
-N6V
City Attorney
7J a-.1 ao•Ls
Date
ORDINANCE No. 25- 0 S.
Page 2
EXHIBIT B
Hearing Date:july 1.2025 Time:6:30 PM
PLANNING COMMISSION
RECOMMENDATION TO CITY COUNCIL III ,
FOR THE CITY OF TIGARD, OREGON I I G A u D
SECTION I. APPLICATION SUMMARY
FILE NAME: TIGARD STREET BRIDGE REPLACEMENT
CASE NO.: COMPREHENSIVE PLAN AMENDMENT CPA2024-00001
SENSITIVE LANDS REVIEW SLR2024-00002
MINOR MODIFICATION MMD2024-00002
PROPOSAL: The applicant is requesting a Comprehensive Plan Amendment to remove
Goal 5 safeharbor protection of 0.59 acres of Tigard significant wetlands and
0.14 acres of vegetated corridor associated with Fanno Creek in order to
replace the existing Tigard Street bridge. The applicant is also requesting a
sensitive lands review for impacts to Fanno Creek and FEMA floodway.
Lastly,a minor modification is requested in order to construct a bioretention
facility in Dirksen Nature Park for stormwater management purposes
associated with the bridge project.
APPLICANT: City of Tigard
Zach Morris
13125 SW Hall Blvd
Tigard,OR 97233
APPLICANT'S DOWL
REP: Matthew Robinson
5 Centerpointe Drive #350
Lake Oswego, OR 97035
OWNER: Same as applicant
LOCATION: WCTM l S 134DD Tax Lots 100, 101, 102, 103, 1000, 1100, and 2400
COMPREHENSIVE
PLAN
DESIGNATION: Open Space, Low Density Residential, Medium Density Residential, and
Light Industrial
ZONE: RES-B,RLS-D, PR, I-P
APPLICABLE Statewide Planning Goals 1,2, 5, 6,7, 11,and 12; Metro's Urban Growth
PROVISIONS: Management Functional Plan Titles 3 and 8;Tigard Comprehensive Plan
STAFF RECOMMENDATION
CPA2024-00001 /S1.R2024-00002 MMD2024 00002 TIGARD STREET I3RIDGF REPLACEMENT PAGE I OF 36
Policies 1.1.2, 1.2.1, 2.1.3, 2.1.8, 2.1.16, 2.1.17, 2.1.22, 2.1.22, 2.1.23, 2.2.3,
2.2.5, 2.2.6, 2.3.7, 2.3.8, 2.3.10, 5.1.1, 5.1.8, 5.1.10, 5.1.12, 6.2.1, 6.2.4, 7.1.4,
7.1.7, 7.1.8, 7.1.10, 7.1.14, 7.2.1, 11.1.1, 11.1.6, 11.4.2, 12.1.1, 12.1.2, 12.2.4,
12.4.1, 12.4.2, 12.5.1,and 12.6.1; and Tigard Community Development Code
(TCDC) Chapters 18.140, 18.510, 18.710, 18.765, 18.790,and 18.910.
SECTION II. PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends to the Tigard City Council APPROVAL, subject to
conditions of approval, of the Comprehensive Plan Map Amendment, Sensitive Lands Review, and
Minor Modification as complying with all applicable comprehensive plan policies and map
designations, Statewide Planning Goals, and Metro policies, and that the applicant has demonstrated
adequate public services exist to serve the property at the intensity of the proposed zoning.
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
or plans that address the following requirements to the PLANNING DIVISION,ATTN:Jenny
McGinnis (503)718-2427 or Jenny.McGinnis(a tigard-or.gov. The cover letter must clearly
identify where in the submittal the required information is found:
1. Prior to commencing any site work,the applicant must submit a tree removal permit for all street
trees and native trees in sensitive lands areas.
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:
Buck Smith,Principal Engineer at(503)718-2464 or Buck.Smith((?tigard-or.gov.The cover letter
must clearly identify where in the submittal the required information is found:
2. Improvements associated with public infrastructure including street and right-of-way dedication,
utilities,grading,water quality and quantity facilities, 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
• City of Tigard Community Development Codes and Municipal Codes
• Tualatin Valley Fire and Rescue (TVF&R) Fire Codes
• Other applicable County,State,and Federal Codes and Standard Guidelines
3. Prior to commencing any site work, the applicant must obtain approval of a Public Facility
Improvement(PFI)Permit to cover all improvements associated with public infrastructure work,
including stormwater management facilities, or any other work in the public right-of-way. An
Engineering cost estimate of improvements associated with public infrastructures including but
not limited to street, street grading, utilities, stormwater quality and water quantity facilities,
sanitary sewer,streetlights,and franchise utilities are required at the time of PFI permit submittal.
STAE RECOMMENDATION
CPA2024-00001 /SI..R2024-00002 ' MMD2024-0)(X)2 TIGARD STREET BRIDGE RE:1'I.ACEMENT PAGE 2 OF 36
4. Prior to commencing any site work, the applicant must submit plans showing the following
required street improvements for approval:
SW Tigard Street
• 36-foot Pavement from curb-to-curb
• 6.5-foot Curb-tight sidewalk (with curb)
• Minimum 0.5-foot Access Strip
• Street fighting
5. Prior to commencing any work, the applicant must provide a final photometric analysis of the
proposed development frontages for approval. Photometric analysis will follow the
recommended values and requirements described in ANSI/IFSNA. The analysis must show the
location of streetlights;and the type and color of the pole and light fixture. All public streetlights
must be PGE Option B.
6. Prior to commencing any site work, the applicant must obtain all required approvals and permits
for construction from all necessary agencies.
7. 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 and the storm drainage report to CWS
after preliminary review for CWS's review and approval.
8. Prior to commencing any work, the applicant must obtain approval for the water system plan as
part of the PFI Permit to be designed in accordance with the City of Tigard Standards.
9. Prior to commencing any site work, the applicant must submit all right-of-way dedication
documents, utility easements, public access easements and maintenance agreements for review
and approval.
10. Prior to commencing any site work, the applicant must submit an erosion control plan for
approval. The plan must conform to the "CWS Erosion Prevention and Sediment Control
Design and Planning Manual" (current edition).
11. Prior to commencing any site work, the applicant must submit a final grading plan showing the
existing and proposed contours for approval. The design engineer must indicate areas that will
have natural slopes between 10 percent and 20 percent, as well as areas that will have natural
slopes in excess of 20 percent. This information will be necessary in determining if special grading
inspections or permits will be necessary.
SECTION III. BACKGROUND INFORMATION
Site Description:
The total project area is approximately 3.76 acres and is located along SW Tigard Street,generally from
SW Tiedeman Avenue to the Fanno Creek Trail. It includes right of-way associated with SW Tigard
Street as well as adjacent public and privately owned tax lots. The project area includes portions of
seven (7) parcels with multiple zones, including RES-B, RES-D, industrial Park (IP) and Parks and
STAFF RE'COMMENDATION
CPA2024-0000I /SER2024-00002/MMD2024-00002 TIGARD STRI.1•.T BRIDGE REPLACEMENT PAGE 3 OF 36
Recreation (PR),although the proposed project will occur largely within the existing SW Tigard Street
right-of-way.
The existing Tigard Street Bridge is a four span timber girder bridge built in 1958 that carries SW Tigard
Street across Fanno Creek. Within the project area, SW Tigard Street is composed of two ten-foot-wide
travel lanes with a paved roadway width of approximately 20 feet. The total bridge structure is
approximately 29-feet wide and includes a separated pedestrian walkway on the north side. Per the 2040
Tigard Transportation System Plan (TSP),SW Tigard Street is classified as a neighborhood street.
Land uses surrounding the project area include single- and multi-family residences, light industrial,
and parks and open spaces, including Dirksen Nature Park and the Fanno Creek Trail. The project
area also contains and is adjacent to numerous environmental resources, including Fanno Creek and
significant wetlands with associated vegetated corridors, and VEMA special flood hazard area,
including FEMA floodway.
Proposed Request:
In 2016, an Oregon Department of Transportation (ODOT) inspection identified critical structural
deficiencies in the existing bridge. Additionally, the existing bridge currently experiences frequent
flooding. Emergency repairs were completed in 2017 with replacement identified in the City's Capital
Improvement Plan as project#95060.
The purpose of the proposed project is to replace the functionally obsolete bridge with a new bridge
wide enough to accommodate pedestrians and cyclists in addition to vehicles, raise the bridge crossing
to reduce flooding frequency and severity, and improve safety and illumination for the Fanno Creek
Trail crossing of SW Tigard Street west of the bridge.The proposed replacement bridge will have two
12-foot-wide vehicular travel lanes with 6-foot-wide paved shoulders and 6.5-foot-wide curbed
sidewalks on both sides that can accommodate potential future widening and provide a safer traveling
environment for pedestrians and cyclists.The proposed replacement bridge is designed as a 124-foot
long, two span, precast prestressed concrete slab bridge with a cast-in-place concrete deck. The
proposed finished roadway elevation will be approximately seven feet higher, bringing it above the
100-year floodplain base flood elevation.
As a result of necessary grading and construction within and adjacent to Fanno Creek,permanent and
temporary impacts to City-designated sensitive lands are proposed. The applicant is requesting a
comprehensive plan map amendment to the "Wetland and Stream Corridors Map", a sensitive lands
review for impacts to Fanno Creek and the floodway,and a minor modification to the Dirksen Nature
Park conditional use permit for construction of a vegetated stormwater facility associated with the
bridge construction.
A Comprehensive Plan Map Amendment is requested to remove protection from a combined total of
approximately 0.59 acres of locally significant wetlands and associated vegetated corridors and 0.14 acres
of Fanno Creek and associated 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 a critical facility that would otherwise be prohibited due to the location of existing
locally significant wetlands.
Three (3) significant wetlands are present within the project area as well as two (2) vegetated corridor
areas associated with Fanno Creek, as field-verified by the applicant and shown on Exhibit A, Figure 4.
The breakdown of impacts to significant resources is outlined in the following table.
STAFF RECOMMENDATION
CPA2024-00001 /SLR2024-00002/MMD2024-00002TIGARD STRE.I.T I3RIDGE REPLACEMENT P.\GE 4 OF 36
Permanent Total
Regulated City Resource Areas Impact Area
(sq ft/acres) (sq ft/acres)
Significant Wetland A 6,151 /0.14 23,665 / 0.54
Significant Wetland B 8,182 /0.19 26,786 / 0.61
Significant Wetland C 11,230/ 0.26 16,972 / 0.39
All Significant Wetlands Combined 25,563 / 0.59 67,423 / 1.55
Vegetated Corridor 5 2,943 / 0.07 2,943 / 0.07
Vegetated Corridor 6 3,130 / 0.07 6,277 / 0.14
All Vegetated Corridors Combined 6,073 / 0.14 9,220 / 0.21
Proposed mitigation includes replanting and enhancement of the remaining vegetated corridor in the
project area and off-site mitigation and enhancement, as detailed in the CWS service provider letter
(Exhibit I. and standard site assessment(Exhibit I() provided by the applicant.
Decision Process
The application is processed through a Type Ill-Modified procedure. The Planning Commission will
make a recommendation to City Council on the proposed Comprehensive Plan Map Amendment. The
Council may approve the amendment, approve with conditions, deny the amendments, or remand the
amendments back to Planning Commission.
SECTION IV. PUBLIC COMMENTS
The Tigard Community Development Code requires that property owners within 500 feet of the subject
site be notified of the proposal and be given an opportunity to provide comments prior to a decision
being made.The Planning Commission hearing was scheduled for February 3,2025. Staff mailed a Type
III Notice of Public Hearing regarding this application to affected parties on January 14,2025. "Ilse notice
was posted at the project site on January 8, 2025. No comments were received prior to the heating.
On February 3,2025, the Tigard Planning Commission held a public hearing on this case. One member
of the public provided testimony in support of the project and asked a question about vegetation removal.
SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA
This section contains all of the applicable city,state,and Metro policies,provisions,and criteria that apply
to the proposed comprehensive plan map amendment.
Statewide Planning Goals:
Goal 1: Citizen Involvement
Goal 2:Land Use Planning
Goal 5:Natural Resources, Scenic and Historic Areas, and Open Spaces
Goal 6:Air,Water and Land Resources Quality
Goal 7:Areas Subject to Natural Hazards
Goal 11: Public Facilities and Services
Goal 12:Transportation
METRO Functional Plan:
Title 3:Water Quality and Flood Management
Title 8: Compliance Procedures
STAFF RECOMMENDATION
CPA2024-0000I /SI.R2024 00002 ; MMD2024 00002 TIGARD STREET BRIDGI-.RI PI.ACF.MI..NT PAGE.5 OF 36
City of Tigard Comprehensive Plan:
Chapter 1: Citizen Involvement, Policies 1.1.2 and 1.2.1
Chapter 2: Land Use Planning,Policies 2.1.3,2.1.8,2.1.16,2.1.17,2.1.22,2.1.23,2.2.3,2.2.5,
2.2.6,2.3.7,2.3.8, 2.3.10
Chapter 5: Natural Resources,Areas and Open Spaces, Policies 5.1.1,5.1.8, 5.1.10, 5.1.12
Chapter 6:Air,Water and Land Resources Quality,Policies 6.2.1,6.2.4
Chapter 7:Areas Subject to Natural Hazards,7.1.4, 7.1.7,7.1.8,7.1.10,7.1.14, 7.2.1
Chapter 11: Public Facilities and Services, Policies 11.1.1,11.1.6, 11.4.2
Chapter 12: Transportation,12.1.1,12.1.2,12.2.4,12.4.1,12.4.2, 12.5.1,12.6.1
Tigard Community Development Code
18.140 Parks and Recreation Zone
18.510 Sensitive Lands
18.710 Land Use Review Procedures
18.765 Modifications
18.790 Text and Map Amendments
18.910 Improvement Standards
SECTION VI. APPLICABLE CRITERIA, FINDINGS,AND CONCLUSIONS
The following subsections address only the criteria applicable to this decision.
Statewide Planning Goals
Goal 1—Citizen Involvement:
This goal outlines the citizen involvement requirement for the land use planning process,
including the adoption of Comprehensive Plans and changes to the Comprehensive Plan and
implementing documents.
FINDING: Citizens,affected agencies, and other jurisdictions were given the opportunity to participate
in all phases of the planning process. Several opportunities for participation are built into the
Comprehensive Plan Map amendment process, including public hearing notification requirements
pursuant to Chapter 18.710 of the Tigard Community Development Code.This goal is satisfied.
Goal 2—Land Use Planning:
This goal outlines the land use planning process and policy framework.
FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the
city's Comprehensive Plan as being consistent with the statewide planning goals.The Development Code
implements the Comprehensive Plan. The Development Code establishes a process and standards to
review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other
applicable state requirements. As discussed within this report,the applicable Development Code process
and standards have been applied to the proposed amendment, and the intent of these amendments are
to meet the requirement of state law, administrative rules, and the Statewide Planning Goals. This goal
is satisfied.
Goal 5—Natural Resources, Scenic and Historic Areas,and Open Spaces:
This goal outlines how cities must protect,inventory,and plan for natural and historic resources
including waterways,groundwater,wildlife habitat, and trails.
FINDING: The applicant has conducted an inventory of natural resources in the pro;cet area in
STAFF RECOMMENDATION
CPA2024-00001 /SLR2024-00002 MMD2024 00002 TIGARD STREET BRIDGE REPLACEMENT PAGE 6 OF 36
compliance with this goal. The proicct has been designed to avoid and minimize impacts to natural
resources including waterways,groundwater, wildlife habitat, and trails to the greatest extent practicable
and will provide compensator- and off-site mitigation to ensure no net loss of significant functions and
values.This}Coal is satisfied.
Goal b—Air,Water and Land Resources Quality:
This goal outlines how cities must consider protection of air, water and land resources from
pollution by using a variety of market,zoning and management tools.
FINDING:The applicant is proposing new stormwater management facilities designed to meet local,
state, and federal requirements. These stormwatcr improvements will ensure a greater volume of
stormwater runoff is adequately treated prior to being discharged to I anno Creek, which will
contribute to improved water quality. This goal is satisfied.
Goal 7—Areas Subject to Natural Hazards:
This goal outlines how cities must protect people and property from natural hazards.
FINDING:The proposed map amendment will allow replacement of a critical facility that will protect
people and property in an area subject to flooding. Consistency with the city's Natural Hazard goals
and policies are discussed later in this report under applicable policies of the Tigard Comprehensive
Plan. This goal is satisfied.
Goal 11—Public Facilities and Services:
This goal outlines the timely, orderly and efficient arrangement of public facilities and services
to serve as a framework for urban and rural development.
FINDING: The proposed map amendment will allow replacement of a critical transportation facility
identified as a priority on the city's Capital Improvements Plan (CIP), which is designed to ensure
timely,orderly,and efficient construction and maintenance of public facilities and services.The project
also includes an associated stormwater management facility. These facilities will serve existing and
future development. This goal is satisfied.
Goal 12—Transportation:
This goal outlines how each city must develop a transportation system plan that considers all
modes of transportation.
FINDING: The project will replace a functionally obsolete bridge with a new bridge that is wide
enough to accommodate sidewalks and paved shoulders, providing safer and more comfortable
facilities for pedestrians and cyclists, in addition to motorists. Consistency with the city's
Transportation System Plan goals and policies are discussed later in this report under applicable
policies of the Tigard Comprehensive Plan.This goal is satisfied.
CONCLUSION: Based on the above analysis,all statewide goals have been fully met.
METRO Urban Growth Management Functional Plan
Title 3:Water Quality and Flood Management
The purpose of this chapter is to protect the beneficial water uses and functions and values of
resources within the Water Quality and Flood Management Areas by limiting or mitigating the
impact on these areas from development activities and protecting life and property from dangers
associated with flooding.
STAFF RECOMMENDATION
NDATION
C PA 2024-00(X)I /SLR2024-00002 / NMID2024-th)(012 TIGARD STRI'.I;T BRIDGI.RI:P1.,1CI ENT P.1GH 7 OF 36
FINDING: This title has been met by limiting the development activity within the Water Quality and
Flood Management Area to the necessary replacement of the Tigard Street bridge and associated facilities.
The new bridge structure will have a higher finished roadway elevation in order to address the frequent
flooding experienced by the current bridge.The proposed project has been designed to meet 11NA no-
rise requirements,ensuring that flood conditions arc not created or worsened downstream as a result of
the proposed improvements.The footprint has been minimized to the extent possible while allowing for
the bridge to be improved with wider travel lanes,paved shoulders, and 6.5-foot wide curbed sidewalks
to improve safety for users of all modes of transportation. Replacement of the bridge will ensure that the
critical structural deficiencies of the existing bridge are addressed,protecting life and property in the event
of a future flooding event.This title is satisfied.
Title 8: Compliance Procedures
The purposes of this chapter are to establish a process for ensuring city or county compliance
with requirements of the Urban Growth Management Functional Plan and for evaluating and
informing the region about the effectiveness of those requirements.
FINDING: This title has been met by complying with the Tigard Development Code notice
requirements set forth in Section 18.710.080(Type III-Modified Procedure).On January 14,2025,notice
of the Planning Commission public hearing was sent to the interested parties list and all property owners
within 500 feet of the subject parcels. On January 27,2025, the proposal was posted on the City's web
site. On January 8, 2025, the site was posted with a notice board. On January 27, 2025, the staff report
was made available. A minimum of two public hearings will be held (one before the Planning
Commission and the second before the City Council) at which an opportunity for public input is
provided.This tide is satisfied.
CONCLUSION: As shown in the analysis above, the proposal is in compliance with all applicable
Tides of Metro's Urban Growth Management Functional Plan.
City of Tigard Comprehensive Plan
Goal 1: Citizen Involvement
Goal 1.1
Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all
phases of the planning process.
Policy 2 The City shall define and publicize an appropriate role for citizens in each
phase of the land use planning process.
FINDING: Citizens, affected agencies, and other jurisdictions were given the opportunity to participate
in all phases of the planning process. Several opportunities for participation are built into the
Comprehensive Plan amendment process,including public hearing notification requirements pursuant to
Chapter 18.710 of the Tigard Community Development Code.This policy is met.
Goal 1.2
Ensure all citizens have access to:
A. opportunities to communicate directly to the City; and
B. information on issues in an understandable form
STAFF RECOMMENDATION
CPA2024-0000I /SLR2024-00002/MMD2024-00002 TIGARD STREET BRIDGE RE,MLACE;ME.NT PAGE 8 OF 36
Policy 1 The City shall ensure pertinent information is readily accessible to the
community and presented in such a manner that even technical
information is easy to understand.
FINDING:The applicant held a neighborhood meeting on November 14,2023. On January 14,2025,a
public hearing notice of the Planning Commission public hearing was sent to the interested parties list
and all property owners within 500 feet of the subject parcels. On January 27, 2025, the proposal was
posted on the City's web site. On January 8, 2025, the site was posted with a notice board. On January
27,2025,the staff report was made available.This policy is met.
Goal 2: Land Use Planning
Goal 2.1
Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as
the legislative foundation of Tigard's land use planning program.
Policy 3 The City shall coordinate the adoption, amendment, and
implementation of its land use program with other potentially affected
jurisdictions and agencies.
FINDING:The project was designed in coordination with the applicable affected City agencies including
the Public Works,Community Development, and Parks& Recreation departments,in addition to Clean
Water Services and the Department of State Lands. A request for comments was sent to applicable
outside agencies,whose comments are included as Attachment 3. Additionally,notice of this application
was provided to the Oregon Department of Land Conservation and Development(Din))35 days prior
to the first evidentiary hearing on this application.This policy is met.
Policy 8 The City shall require that appropriate public facilities are made available,
or committed,prior to development approval and are constructed prior to,
or concurrently with,development occupancy.
FINDING: The project includes replacement of the existing sanitary sewer and water lines, in addition
to construction of a new vegetated stormwater facility. It is anticipated that the existing sanitary sewer
line under Fanno Creek will be abandoned in-place and rerouted east of the bridge to flow to an existing
manhole within SW'I icdeman Avenue where flows will then drain to the south. The saver line will be
buried if it is instead replaced in its current location.The existing water line will be replaced with a new
line supported from the bridge which will be above the 100-year flood elevation. Neither utility line will
be impacted by flood events. As shown in the preliminary design plans, reconstructed utility lines have
been designed based on the City's Public Improvement Design Standards & Details. The stormwater
facility will be designed and constructed to meet C\\S Design and Construction Standards for stormwater
treatment and detention. Street improvements will be constructed by the applicant in accordance with
Tigard Municipal Code 18.910 and the City of Tigard Public Improvement Design Standards. Further
compliance will be demonstrated at the time of the applicant's Public Facility Improvement (PH) permit
submittal.This policy is met.
Policy 16 The City may condition the approval of a Plan/Zoning map
amendment to assure the development of a definite land use(s) and
per specific design /development requirements.
STAFF RI.COMM NDATION
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FINDING: This application includes specific development plans meeting CWS and city standards.
Conditions of approval will be included with the decision.This policy is met.
Policy 17 The City may allow concurrent applications to amend the
Comprehensive Plan/Zoning Map(s) and for development plan
approval of a specific land use.
FINDING:This application includes a comprehensive plan map amendment,sensitive lands review,and
minor modification as concurrent applications for the bridge replacement and construction of the
associated stormwater facility.This policy is met.
Policy 22 The City shall identify, designate, and protect natural resources as part
of its land use program.
FINDING:The City has identified significant wetlands within its"Wetlands and Streams Corridors Map"
and has also adopted Goal 5 protections within TDC 18.510 for sensitive lands, including significant
wetlands and riparian areas associated with a number of waterways,including Fanno Creek.The applicant
is following the correct procedures to request approval of impacts to these natural resource areas. As
described in more detail within the applicant's ESEE analysis (Exhibit C) and C\VS standard site
assessment (Exhibit K), the applicant is proposing compensatory and off-site mitigation in order to
ensure no net loss of significant functions and values.This policy is met.
Policy 23 The City shall require new development, including public
infrastructure, to minimize conflicts by addressing the need for
compatibility between it and adjacent existing and future land uses.
FINDING: The proposed replacement bridge and associated facilities will minimize conflict and are
compatible with the adjacent existing and future uses. The site is currently surrounded by a variety of
uses, including residential, industrial and parks uses, which will all be better served by a safer
transportation facility that is less prone to future flood events.This policy is met.
Goal 2.2
To enlarge, improve, and sustain a diverse urban forest to maximize the economic, ecological,
and social benefits of trees.
Policy 3 The City shall continue to regulate the removal of trees within
environmentally sensitive lands and on lands subject to natural
hazards.
FINDING: The applicant submitted an arborist report from Morgan Holen and Associates, LLC that
includes a tree protection and removal plan in compliance with the Urban Forestry Manual. in all, 85
trees were assessed within the project area.Of the 58 trees planned for removal,26 arc native trees within
sensitive lands areas outside of public right-of-way.A subsequent tree removal permit must be submitted
and approved prior to removal of these trees that includes a plan for replacement unless the applicant
demonstrates that planting standards cannot be met or a fee-in-lieu is paid. There are 18 trees proposed
for removal located within sensitive lands areas that arc non-native species and therefore not regulated.
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Policy 5 The City shall require the replacement and/or installation of new
street trees, unless demonstrated infeasible, on all new roads or road
enhancement projects. Trees should be planted within planter strips,
or at the back of sidewalks if planter strips are not feasible or would
prohibit the preservation of existing trees.
FINDING: The applicant submitted an arborist report from Morgan Holen and Associates, LLC that
includes a tree protection and removal plan in compliance with the Urban Forestry Manual. In all, 85
trees were assessed within the project area. Of the 58 trees planned for removal, 14 are located in public
right-of-way and considered street trees. A subsequent tree removal permit must be submitted and
approved prior to removal of these trees that includes a plan for replacement unless the applicant
demonstrates that planting standards cannot be met.
Policy 6 The City shall establish and enforce regulations to protect the public's
investment in trees and vegetation located in parks,within rights-of-
way, and on other public lands and easements.
FINDING: The applicant is requesting to update the City's "Wetland Streams and Corridors Map", a
component of the Tigard Comprehensive Plan,in order to construct improvements within areas currently
designated as significant wetland and Fanno Creek vegetated corridors. The applicant will be providing
compensatory and oft-site mitigation to assure the replacement of the functions and values of the
impacted resources within parks, rights of wad,and public lands. This policy is met.
Goal 2.3
To balance the diverse and changing needs of the City through well-designed urban
development that minimizes the loss of existing trees to create a living legacy for future
generations.
Policy 7 The City shall require all development, including City projects, to
prepare and implement a tree preservation and landscaping plan,with
the chosen trees and other plant materials appropriate for site
conditions.
FINDING: The applicant provided an Urban Forestry Plan prepared by Morgan Holen & Associates,
I..L.0 that includes a tree preservation and landscaping plan. This policy is met.
Policy 8 The City shall continue to cooperate with property owners, businesses,
other jurisdictions, agencies, utilities, and non-governmental entities
to manage and preserve street trees, wetlands, stream corridors,
riparian areas, tree groves, specimen and heritage trees, and other
vegetation.
FINDING: 1s descrihed in more detail within the applicant's I SI A. analysis (Exhibit C) and CVY'S
standard site assessment (Exhibit li}, the applicant is proposing compensatory and off-site mitigation to
assure the replacement of the functions and values of the impacted resources in order to ensure no net
loss of significant functions and values. Further, the project has been designed to avoid and minimize
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impacts to these resources to the greatest extent practicable while still meeting the project's purpose and
need.This policy is met.
Policy 10 Applications for tree removal and tree management plans shall be
reviewed by a certified arborist employed or under contract to the City.
FINDING: A tree protection and removal plan prepared by a certified arborist was submitted with the
application. A subsequent tree removal permit shall be submitted demonstrating how the applicant is
meeting replanting requirements.This policy is met with the following condition of approval:
• Prior to commencing any site work,the applicant must submit a tree removal permit for all street
trees and native trees in sensitive lands areas.
As conditioned,this policy is met.
Goal 5: Natural Resources,Areas and Open Spaces
Goal 5.1
Protect natural resources and the environmental and ecological functions they provide and, to
the extent feasible, restore natural resources to create naturally functioning systems and high
levels of biodiversity.
Policy 1 The City shall protect and, to the extent feasible, restore natural
resources in a variety of methods to: A. contribute to the City's scenic
quality and its unique sense of place; B. provide educational
opportunities, recreational amenities, and buffering between
differential land uses; C. maximize natural resource functions and
services including fish and wildlife habitat and water quality; and D.
result in healthy and naturally functioning systems containing a high
level of biodiversity.
FINDING: The S\V Tigard Street corridor through the project area and across Fanno Creek is
constrained by natural resources and existing development on both its north and south sides and offers
limited opportunity to avoid natural resources while meeting the identified purpose and need for a
replacement bridge. The applicant has designed the project to avoid and minimize impacts to natural
resources to the greatest extent practicable and will provide compensatory and off site mitigation to
ensure no net loss of significant functions and values. While no direct educational opportunities are
proposed with this project, users of the nearby Dirksen Nature Center as well as Fanno Creek trail users
will benefit from the enhanced pedestrian and bicycle transportation facilities provided by the project and
the indirect educational opportunity provided by greater engagement with the trail and the creek.
Additionally, the proposed stormwater facility will ensure a greater volume of stormwater runoff is
adequately treated prior to being discharged to Fanno Creek, resulting in a healthier fish and wildlife
habitat and greater water quality.This polic) is met.
Policy 8 The City shall protect and, to the extent feasible, restore the diverse
ecological and non-ecological functions and services of streams,
wetlands, and associated riparian corridors.
FINDING: As described within the applicant's FISlik analysis (l:shihit C) and the C\X'S standard site
assessment(.Exhibit 1� , the applicant is incorporating mitigation measures to ensure the replacement of
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the functions and values of impacted resources. Further,as described throughout the submitted narrative
and associated documents,the applicant has carefully designed the project to avoid and minimize impacts
to the significant wetlands and Fanno Creek's vegetated corridor areas to the maximum extent practicable.
This policy is met.
Policy 10 The City shall complete a baseline inventory of significant natural
resources and update or improve it as necessary, such as at the time of
Comprehensive Plan Periodic Review, changes to Metro or State
programs,or to reflect changed conditions, circumstances, and
community values.
FINDING: The City has conducted an inventory of natural resources in compliance with Statewide
Planning Goal 5.The applicant is proposing amendments to the City's"Wetlands and Streams Corridors
Map",a component of the Tigard Comprehensive Plan,in order to permit impacts to significant wetlands
and Fanno Creek vegetated corridor areas as described throughout this narrative and the associated
documents submitted with the application. On approval of this request, the J- SEE analysis will be
incorporated by reference into the Tigard Comprehensive Plan,and the'Wetlands and Streams Corridors
Map"will be amended to remove the area from the inventory.This policy is met.
Policy 12 The City shall develop and implement standards and procedures that
mitigate the loss of natural resource functions and services, with
priority given to protection over mitigation.
FINDING: SW Tigard Street's corridor through the project area and across Fanno Creek is constrained
by natural resources and existing development on both its north and south sides and offers limited
opportunity to avoid natural resources while still implementing a project that meets the identified purpose
and need.The applicant has designed the project to avoid and minimize impacts to natural resources to
the greatest extent practicable and will provide compensatory and off site mitigation to ensure no net loss
of significant functions and values.This policy is met.
Goal 6.2
Ensure land use activities protect and enhance the community's water quality.
Policy 1 The City shall require that all development complies with or exceeds
regional, state, and federal standards for water quality.
FINDING: As described in the final stormwater report (Exhibit I), the applicant is proposing new
stormwater management facilities designed to meet C\WS's Design and Construction Standards that
will meet CWS requirements for stormwater treatment and detention for the project area. These
stormwater improvements will ensure a greater volume of stormwater runoff is adequately treated
prior to being discharged to Fanno Creek,which will contribute to improved water quality.This policy
is met.
Policy 4 The City shall protect,restore, and enhance, to the extent practical, the
natural functions of stream corridors, trees, and water resources for
their positive contribution to water quality.
FINDING: As described within the applicant's ESI;I: analysis (Exhibit C) and the C\WS standard site
assessment (Exhibit K), the applicant is incorporating mitigation measures to ensure the replacement
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of the functions and values of impacted resources. 'The applicant has designed the project to avoid
and minimize impacts to significant wetlands and Fanno Creek's vegetated corridor areas to the
maximum extent practicable. This policy is met.
Goal 7.1
Protect people and property from flood,landslide, earthquake,wildfire, and severe weather
hazards.
Policy 4 The City shall design and construct public facilities to withstand
hazardous events with a priority on hazard protection of public
services and facilities that are needed to provide emergency response
services.
FINDING: The proposed project supports this by policy by constructing a new seismically-resilient
bridge that is above the 100-year floodplain with an approximately seven-foot higher finished roadway
elevation. Replacing the current functionally obsolete bridge will create a more viable and reliable
emergency response route for vehicles, cyclists, and pedestrians. Additionally, necessary public utilities
including water and sanitary sewer have been designed in a manner to limit impacts from flood events,
providing additional protection in the event of an emergency.This policy is met.
Policy 7 The City shall comply with the Federal Emergency Management
Agency (FEMA) flood regulations, which include standards for base
flood levels, flood proofing, and minimum finished floor elevations.
FINDING: The proposed project has been designed based on current FEMA floodplain maps and, as
identified in the final hydraulic report (Exhibit II), has been designed to meet FE\l:\ no-rise
requirements. The finished roadway elevation will be approximately seven feet higher than current
conditions and will be above the 100-year floodplain elevation. No habitable structures or buildings are
proposed in the project area.This policy is met.
Policy 8 The City shall prohibit any land form alterations or developments in
the 100-year floodplain which would result in any rise in elevation of
the 100-year floodplain.
FINDING: Consistent with this policy, the project has been designed to meet FEMA no-rise
requirements, as identified in the final hydraulic report (Exhibit H).This policy is met.
Policy 10 The City shall work with Clean Water Services to protect natural
drainageways and wetlands as valuable water retention areas and,
where possible,find ways to restore and enhance these areas.
FINDING: The applicant has coordinated the proposed project closely with Clean Water Services
(C\X'S). The applicant submitted a standard site assessment (Exhibit K) to C\VS, which has issued a
Service Provider Letter (SPI 24-000820). As described within the standard site assessment and ESEE
analysis (Exhibit C), the applicant has carefully designed the project to avoid and minimize impacts to
significant wetlands and hanno Creek's vegetated corridor areas to the maximum extent practicable and
is incorporating mitigation measures to ensure the replacement of the functions and values of impacted
resources. As no feasible on-site mitigation areas were found in the limited project area, the applicant
proposes to provide off-site mitigation by creating approximately 37,493 square feet of vegetated corridor
at Englewood Park.As only 34,824 square feet of mitigation is required to mitigate the 27,859 square feet
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of the project's permanent encroachment of the vegetated corridor in marginal or degraded condition,
2,669 square feet of the proposed mitigation will be surplus.The creation,protection,and enhancement
of this additional vegetated corridor,although not required at this time,will provide additional ecological
benefit in advance of future encroachments.This policy is met.
Policy 14 The City shall work to reduce the risk of loss of life and damage to
property from severe weather events.
FINDING:'The proposed project supports this by policy by constructing a new bridge structure that will
have a finished roadway elevation approximately seven feet higher than current conditions and that is
above the 100-year floodplain,which will help ensure that the bridge does not fail in the event of a flood
or other severe weather event. The proposed project has been designed to meet FERIA no-rise
requirements, ensuring that flood conditions are not created or worsened downstream as a result of
proposed improvements.Travel lanes will be widened and include paved shoulders and sidewalks.The
proposed improvements will provide safer conditions for vehicles, cyclists and pedestrians and create a
more reliable emergency response route, therefore reducing risks to life and property.This policy is met.
Goal 7.2
Protect people and property from non-natural hazardous occurrences.
Policy 1 The City shall design,construct,and coordinate the surface
transportation system to reduce the potential for mass casualty
accidents and to provide the ability to evacuate when necessary.
FINDING:The proposed project supports this policy by replacing a functionally obsolete bridge with a
new bridge structure that includes wider vehicle travel lanes compared to existing conditions while also
adding paved shoulders and sidewalks on both sides of the roadway. These improvements will provide
safer conditions for vehicles, cyclists and pedestrians, create a more reliable emergency response route,
and therefore reduce risks to life and property.This policy is met.
Goal 11.1
Develop and maintain a stormwater system that protects development,water resources, and
wildlife habitat.
Policy 1 The City shall require that all new development:
A. construct the appropriate stormwater facilities or ensure
construction by paying their fair share of the cost;
B. comply with adopted plans and standards for stormwater
management; and
C. meet or exceed regional, state, and federal standards for water
quality and flood protection
FINDING: As described in the stormwater report submitted with the application (Exhibit I), the
applicant is proposing new stormwater management facilities, including a vegetated bioretention pond,
that will meet C\VS requirements for stormwater treatment and detention for the project area. The
proposed stormwater improvements will meet or exceed regional, state, and federal standards and will
ensure a greater volume of stormwater runoff is adequately treated prior to being discharged to Fanno
Creek, which will contribute to improved water quality and help protect Paulo Creek's stormwater
conveyance and treatment functions.This policy is met.
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Policy 6 The City shall maintain streams and wetlands in their natural state, to
the extent necessary, to protect their stormwater conveyance and
treatment functions.
FINDING:The project's design will require impacts to significant wetlands and Fanno Creek vegetated
corridor areas. However, the project will incorporate mitigation measures to assure the replacement of
the functions and values of the impacted resources, as described in greater detail within the applicant's
ESEE analysis (Exhibit C) and the C\1 S standard site assessment (Exhibit K). This policy is met.
Goal 11.4
Maintain adequate public facilities and services to meet the health,safety,education, and
leisure needs of all Tigard residents.
Policy 2 The City shall continue to develop and maintain a Capital
Improvement Plan to help provide for the orderly provision of public
facilities and services.
FINDING:The proposed project has been identified on the Tigard Capital improvement Plan (CIP)as
project #95060. The infrastructure needs identified through the CIP are necessary for the orderly
provision of public facilities and services, and are critical to the economy of Tigard and the region. The
proposed project supports this policy by delivering a project identified on the City's CIP. This policy is
rnet.
Chapter 12:Transportation
Goal 12.1
Provide a safe, comfortable, and connected transportation system for all users, especially
pedestrians and other vulnerable users.
Policy 1 The City shall prioritize transportation projects according to community
benefit, including (but not limited to) safety, performance, and
accessibility, as well as the associated costs and impacts.
FINDING: The proposal delivers a transportation project identified on the city's CIP that provides
numerous community benefits.The project was identified on the CIP as being critical to the economy of
Tigard by maintaining safe access to jobs, schools,and essential services.This policy is met.
Policy 2 The City shall design, maintain, enhance, and invest in a transportation
system that emphasizes multi-modal travel options for all types of land
uses.
FINDING: The project benefits the community by replacing a functionally obsolete bridge with a new
bridge that is wide enough to accommodate sidewalks and paved shoulders, providing safer and more
comfortable facilities fur pedestrians and c1 clists,and more affordable travel options fur Tigard residents.
This policy is met.
Goal 12.2
Support environmental and community health by reducing our carbon footprint, minimizing
impacts to natural resources, and addressing unequal health impacts/outcomes of our
transportation system on low-income communities and communities of color.
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Policy 4 The City shall mitigate impacts to the natural environment associated
with proposed transportation construction or reconstruction projects.
FINDING:The project will require impacts to significant wetlands and Fanno Creek vegetated corridor
areas. However, the project will incorporate mitigation measures to assure the replacement of the
functions and values of the impacted resources,as described in greater detail within the applicant's ISLE
analysis (Exhibit C) and the CWS standard site assessment (Exhibit K). The applicant has carefully
designed the project to avoid and minimize impacts to these areas to the maximum extent practicable.
Despite impacts to these areas, the project supports this policy by providing a new bridge that includes
safer facilities for pedestrians and cyclists. This has the overall impact of supporting alternative
transportation methods and reducing Tigard's carbon footprint,creating a more environmentally healthy
community.This policy is met.
Goal 12.4
Create livable neighborhoods that are designed to improve multimodal connections while
discouraging unsafe interactions.
Policy 1 The City shall develop and maintain neighborhood and local connections
to provide efficient circulation in and out of the neighborhoods.
FINDING:The project maintains critical infrastructure to continue to provide efficient circulation within
this segment of SW Tigard Street.This policy is met.
Policy 2 The City shall design all projects on Tigard city streets to encourage
pedestrian and bicycle travel.
FINDING:The project includes the addition of sidewalks and paved shoulders,which will provide safer
facilities for pedestrians and cyclists and support multi-modal transportation connections. The project
also includes additional lighting at the Fanno Creek Trail crossing with S\V Tigard Street west of the
bridge,improving safety for trail users.This policy is met.
Goal 12.5
Support economic vibrancy by accommodating the movement of people and goods and creating
equitable opportunities for economic development throughout Tigard.
Policy 1 The City shall manage the transportation system to support desired
economic development activities.
FINDING: The project improves Tigard's transportation system by upgrading infrastructure critical to
Tigard's livability and economic vitality.The importance of the SW Tigard Street bridge's replacement is
evident through its identification on Tigard's CIP. The infrastructure needs identified through the CIP
are critical to the economy of Tigard and the overall region by accommodating the safe and efficient
movement of people and goods.This policy is met.
Goal 12.6
Make the most of transportation resources by leveraging funding opportunities,not overbuilding
our system,and making investments that reduce ongoing system maintenance and preservation
costs.
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Policy 1 The City shall prioritize investments in maintenance of the entire
transportation system, including both roadway and nonmotorized
facilities.
FINDING:The project supports these policies by leveraging significant local funding to deliver a critical
infrastructure project. Fhc bridge has previously been closed in order to complete maintenance work and
will continue to be subject to these maintenance and preservation costs and potential closures until the
bridge is replaced. As discussed in the applicant's ESEE analysis, according to ODOT's 2021 13,i4ge
Condi/io,r Thaw/Data, repair projects on older bridge structures are costly and have little return
on investment,and replacing functionally obsolete bridges is less costly in the long run. For these reasons,
the project supports this policy by investing in key infrastructure upgrades that reduce on-going
maintenance costs. This policy is met.
CONCLUSION: As shown in the analysis above, the proposal complies with all applicable
policies of the Tigard Comprehensive Plan.
18.140 PARKS AND RECREATION ZONE
18.140.030 Other Zoning Regulations
Sites with overlay zones, plan districts, inventoried hazards, or sensitive lands are subject to
additional regulations. Specific uses or developments may also be subject to regulations as
provided elsewhere in this title.
FINDING:The project area contains sensitive lands that are proposed to be impacted by the proposed
improvements, including significant wetlands, floodplain, and vegetated corridors. The applicable
provisions of Chapter 18.510 Sensitive Lands are addressed later in this report.
18.140.040 Land Use Standards
A. General provisions. A list of allowed, restricted, conditional, and prohibited uses in the PR
zone is provided in Table 18.140.1. If a use category is not listed,see Section 18.60.030.
FINDING: The existing park is considered a "Community Service" use, which is permitted as a
conditional use in the Parks and Recreation Zone and was permitted under Case No. CUP2013-
00001/SLR2013-00002/VAR2013 00010. The proposed stormwater facility is an accessory use to the
park and is being reviewed as a Minor Modification to the Conditional Use Permit,addressed later in this
report. No base zone development standards apply to the proposed stormwater facility.
18.510 SENSITIVE LANDS
18.510.020 Applicability
A. CWS stormwater connection permit. All proposed development must obtain a stormwater
connection permit from CWS in compliance with its design and construction standards.
FINDING: The applicant submitted a standard site assessment to CV'S and a Service Provider I Wetter
(C11'S File No. 24-000820) v.as issued. The applicant will obtain the necessary stormwater connection
permit.This standard is met.
G. Sensitive lands approvals issued by the hearings officer.
1. Sensitive land reviews within special flood hazard areas are processed through a Type
III-HO procedure, as provided in Section 18.710.070, for the following actions:
a. Ground disturbance or landform alterations in all floodway areas;
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b. Ground disturbance or landform alterations in floodway fringe locations involving
more than 50 cubic yards of material;
c. Repair, reconstruction, or improvement of an existing structure or utility, the cost
of which equals or exceeds 50 percent of the market value of the structure prior to
the improvement or the damage requiring reconstruction provided no
development occurs in the floodway;
d. Structures intended for human habitation; and
e. Accessory structures that are greater than 528 square feet in size, outside of
floodway areas.
2. The approval authority will approve, approve with conditions, or deny a sensitive
lands review application using the approval criteria provided in Section 18.510.070.
FINDING:The proposal includes ground disturbance in the floodway area. In accordance with TDC
18.710.090, this application is being reviewed through a Type III Modified process with the Tigard City
Council as the final review authority as the proposal also includes a request to remove a significant wetland
designation. The approval criteria in Section 18.510.070 arc addressed later in this report.
18.510.050 General Provisions for Wetlands
A. Code compliance requirements. Wetland regulations apply to those areas classified as
significant on the City of Tigard "Wetland and Streams Corridors Map," and to a
vegetated corridor ranging from 25 to 200 feet wide, measured horizontally, from the
defined boundaries of the wetland,as provided in"Table 3.1,Vegetated Corridor Widths,"
and"Appendix C,Natural Resource Assessments,"of the CWS"Design and Construction
Standards."Wetland locations may include but are not limited to those areas identified as
wetlands in"Wetland Inventory and Assessment for the City of Tigard,Oregon,"Fishman
Environmental Services, 1994.
FINDING: The project area contains three wetlands,Wetlands A, l3, and C, as shown on Exhibit A,
Figures 4 and 5. All of these arc identified as significant wetlands on the City of Tigard "Wetland and
Streams Corridors Map". The boundaries of these wetlands include vegetated corridors measured 50
feet horizontally from the delineated wetland boundary as specified in CWS Design and Construction
Standards.The boundaries have been field verified by the applicant's engineering consultant, DO\\'I,.
B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on
wetland maps; specific delineation of wetland boundaries may be necessary. Wetland
delineation will be done by qualified professionals at the applicant's expense.
FINDING: A wetland delineation was provided by the applicant and is included as Exhibit F. The
wetland delineation was prepared by a team of qualified professionals,including wetland scientists and
ecologists. 'The applicant has received a wetland delineation concurrence letter from the Oregon
Department of State Lands (DSL) and is included with this application as Exhibit M.
18.510.070 Sensitive Lands Applications.
A. Approval required.An applicant,who wishes to develop within a sensitive area, as defined
in this chapter, must obtain approval in certain situations. Depending on the nature and
intensity of the proposed activity within a sensitive area,either a Type II or Type III review
is required, as provided in Subsections 18.510.020.F and G. The approval criteria for
different types of sensitive areas are provided in Subsections 18.510.070.B—E.
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FINDING:The proposal includes ground disturbance in the floodway area, significant wetlands, Fanno
Creek,and the associated vegetated corridors; therefore a Type III review is required.
B. Within the special flood hazard area. The approval authority will approve or approve with
conditions an application for sensitive lands review within the special flood hazard area
when all of the following criteria are met:
1. Compliance with all of the applicable requirements of this title;
FINDING:The project complies with the applicable requirements of this title as provided below.
2. Land form alterations must preserve or enhance the special flood hazard area storage
function and maintenance of the zero-foot rise floodway must 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;
a. If in the floodway and no-rise requirement is met, the development will comply
with all applicable flood hazard reduction provisions.
FINDING: Due to the extent of regulated floodway along Fanno Creek, the replacement bridge and
associated improvements will be located within the floodway. All such structures have been sited and
designed to meet no-rise certification. Documentation of compliance has been certified by a registered
professional engineer and is included in a hydraulic design report submitted with the application
(Exhibit I-1). The project will comply with all applicable flood hazard reduction provisions. These
standards are met.
3. Land form alterations or developments within the special flood hazard area are allowed
only in areas designated as commercial or industrial on the comprehensive plan land
use map, except that alterations or developments associated with community service
uses, utilities,or public support facilities are allowed on residentially zoned properties
subject to applicable zoning standards;
FINDING: The proposed land form alterations, including grading and earth works for the replacement
bridge and stormwater facilit`, are located within the special flood hazard area (100-year floodplain) in
areas zoned Parks and Recreation (PR), Industrial Park (1-P), and Residential (RES-B, RIS-D). The
proposed bridge replacement and associated improvements are considered "public support facilities"
because they arc neccssan to support development,the transportation network,and the general operation
of the cit}; therefore, the proposed landform alterations are also allowed in residential zones. This
standard is met.
4. Where a landform alteration or development is allowed 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;
FINDING: All proposed improvements in the flood hazard area,including the bridge and stormwater
facility, have been sited and designed to avoid any increase in the surface elevation of the 100-year
flood, as detailed in the project's Final Hydraulic Report (Exhibit H). This standard is met.
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5. The land form alteration or development plan includes a pedestrian or bicycle pathway
in compliance with the adopted Transportation System Plan or Greenways Trail
System Master Plan, unless the construction of said pathway is deemed as untimely;
FINDING: 'The project does not include a pedestrian or bicycle pathway project, nor is one included in
this area in the'Transportation System Plan.This standard does not apply.
6. Pedestrian or bicycle pathway projects within the special flood hazard area must
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;
FINDING:The project does not include a pedestrian or bicycle pathway project.This standard does not
apply.
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board,
Division of State Lands, and CWS permits and approvals must be obtained; and
FINDING: The applicant will obtain the necessary permits from CWS, DSL, and the U.S. Arme Corps
of Engineers as required. The applicant submitted a standard site assessment (I'.xhibit K) to (:\Y/S and
was issued a Service Provider Letter, CWS File No. 24-000820. The applicant will be submitting a Joint
Permit Application OPA) to USACE and DSI, for proposed disturbances to jurisdictional waters and
wetlands located within the project area. This standard is met.
8. Where landform alterations or development are allowed within and adjacent to the
special flood hazard area, the city will require the consideration of dedication of
sufficient open land area within and adjacent to the special flood hazard area in
compliance with the comprehensive plan.This area must include portions of a suitable
elevation for the construction of a pedestrian or bicycle pathway within the special
flood hazard area in compliance with the adopted Transportation System Plan or
Greenways Trail System Master Plan.
FINDING: The proposed landform alterations within the special flood hazard area, which include a
new bridge structure that is wide enough to accommodate sidewalks and paved shoulders on both
sides of the roadway, have been designed in compliance with the City's Transportation System Plan.
The Fanno Creek Trail is already constructed within the project area and no other trails are identified
on the City's Trail System Master Plan that fall within the project area. As such, additional dedication
of lands within the special flood hazard area is unnecessary.This standard is met.
18.510.080 Special Provisions 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 or approved in compliance with Section 18.510.100.
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FINDING: The subject property includes wetlands that are identified as significant wetlands on the
City of Tigard "\X etlands and Stream Corridors" map and are, therefore,protected. The applicant has
applied for the Plan Amendment Option in Section 18.510.100 to remove Goal 5 protections from
25,563 square feet (0.59 acre) of significant wetlands to allow the proposed bridge and associated
improvements.
B. 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 660-023-0030) pertaining
to riparian corridors, a standard setback distance or vegetated corridor area, measured
horizontally from and parallel to the top of the bank, is established for the Tualatin River,
Fanno Creek,Ball Creek, and the South Fork of Ash Creek.
5. The standard setback distance or vegetated corridor area applies to all development
proposed on property located within or partially within the vegetated corridors,
except as allowed below:
a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to
the other in order to provide access to the sensitive area or across the sensitive
area, as approved by the city in compliance with Section 18.510.070 and by CWS
"Design and Construction Standards";
b. Utility or service provider infrastructure construction (i.e. storm, sanitary sewer,
water, phone,gas, cable, etc.), if approved by the city and CWS;
c. A pedestrian or bike path, not exceeding 10 feet in width and in compliance with
the CWS "Design and Construction Standards";
d. Grading for the purpose of enhancing the vegetated corridor, as approved by the
city and CWS;
e. Measures to remove or abate hazards, nuisances, or fire and life safety violations,
as approved by the regulating jurisdiction;
f. Enhancement of the vegetated corridor for water quality or quantity benefits,
fish, or wildlife habitat, as approved by the city and CWS;
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures,
roadways, driveways, utilities, accessory uses, or other developments provided
they are in compliance with city and CWS regulations, and do not encroach
further into the vegetated corridor or sensitive area than allowed by the CWS
"Design and Construction Standards."
FINDING:The project consists of a road with pedestrian and bicycle facilities that pro\idc access across
the sensitive area. These improvements have been designed in compliance with CWS "Design and
Construction Standards." Therefore, the standard setback and vegetated corridor area associated with
Fanno Creek does not apple.
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 or(2) vegetated areas established for the
Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for
a comprehensive plan amendment as provided in Chapter 18.790,Text and Map
Amendments. 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
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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:
B. ESEE analysis. The applicant may prepare an environmental, social, economic and
energy (ESEE) consequences analysis prepared in compliance with OAR 660-23-040.
FINDING: The applicant has chosen to demonstrate the amendment is justified through an ESEE
analysis, rather than a demonstration that the wetlands are not significant.
The applicant submitted an EST I,:analysis dated January 9,2024(Exhibit C)prepared in compliance with
OAR 60-23-040, to justify removal of Goal 5 protection from approximately 25,563 square feet (0.59
acre) of significant wetlands and approximately 6,073 square feet (0.14 acre) of vegetated corridor
associated with Fanno Creek on the subject property.
1. The analysis must 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;
FINDING: As described in the ESEE analysis (Exhibit C), the applicant has considered the
consequences of allowing the proposed conflicting use,in this case the proposed roadway improvements,
and considered the impacts on the specific resource site as well as other comparable sites within Tigard.
As described in the applicant's analysis, the consequences of allowing the proposed conflicting use
provide a net positive benefit by replacing a functionally obsolete bridge with a new bridge wide enough
to accommodate pedestrians and cyclists in addition to motorists, raising the bridge crossing to reduce
flooding frequency and severity,and improving safety and illumination for the Fanno Creek Trail crossing
west of the bridge. Since the proposal is specific to replacing the existing bridge,there are no comparable
sites within the Tigard Planning Area that can provide an alternative site with fewer impacts.This standard
is met.
2. The ESEE analysis must demonstrate to the satisfaction of the 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;
FINDING:The ESEE analysis provided by the applicant demonstrates that the economic consequences
of not allowing the conflicting use would be negative.As stated in the analysis,"Without the improvements,
the purpose of the project, to replace a functionally obsolete bridge with a new bridge wide enough to also
safely accommodate pedestrians and cyclists could not be met. Further, the existing bridge would continue
to structurally deteriorate and remain susceptible to frequent flood events, likely resulting in occasional
closures of the bridge. It is possible that structural deficiencies in the bridge identified through ODOT
inspections could eventually cause the bridge's permanent closure;a complete closure of the bridge could
result in travel delays and detours for the travelling public. Travel delays have a negative economic effect
on local and regional commerce including commercial, service and delivery uses, freight transport, and
local businesses,"
In addition to the negative impacts to the travelling public, repairing rather than replacing the bridge
is likely to be more costly in the long run, as, per ODOT's 2021 I3ridge Condition Repot e'Tunnel Data,
repair projects on older structures are costly and have little return on investment.
For these reasons, prohibiting the conflicting use would result in negative economic consequences
from impacts to commerce due to bridge closures and additional expenses for repair and maintenance
to the existing structure, which will continue to deteriorate should it not be replaced. This standard is
met.
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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;
FINDING: The conflicting use (construction of a replacement bridge over Fanno Creek) is an
improvement that is critical to the safe operation of the existing S\X/Tigard Street facility.The associated
bicycle and pedestrian facilities are coincident to the existing facilities.The project is specific in location,
therefore there are no other sites within the Tigard Planning Area that can meet the specific needs of the
proposed use.This standard is met.
4. The ESEE analysis must be prepared by a team consisting of a wildlife biologist or
wetlands ecologist and a land use planner or land use attorney, all of whom are
qualified in their respective fields and experienced in the preparation of Goal 5
ESEE analysis;
FINDING: A qualified team consisting of land use planners, wetland scientists, and ecologists, all
qualified in their respective fields with experience compiling such analyses, prepared the ESEE analysis
submitted with this application as Exhibit C. This standard is met.
5. If the application is approved, then the ESEE analysis must be incorporated by
reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and
Stream Corridor Map" be amended to remove the site from the inventory.
FINDING: 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 site from the inventory.
18.765 MODIFICATIONS
18.765.020 Applicability
A. This chapter applies to all proposals to modify an existing or proposed use, structure,
site improvement, or condition of approval—for existing developments or land use
approvals—when initially approved through one of the land use applications listed below:
1. Conditional uses,
2. Planned developments,
3. Site development reviews, or
4. Subdivisions and land partitions.
FINDING: The applicant is proposing to modify the existing Dirksen Nature Park development,
approved through conditional use permit CUP2013-00001/SLR2013-00002/VAR2013-00010, by
constructing a new stormwater bioretention facility within the park's boundary. This chapter applies.
18.765.060 Minor Modifications
A. Definition.A minor modification has the following characteristics:
1. It has minimal impacts on surrounding properties, sensitive lands, or public facilities;
and
FINDING: As shown on Exhibit ,1, Figure �, the proposed bioretention facility will be located
adjacent to the Dirkcen Nature Park's existing parking area and north of the l'anno Creek Trail. The
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proposed facility will be located beyond the limits of any significant wetlands or other vegetated
corridor areas and has been designed to avoid impacting the existing parking area and the Fanno Creek
trail, both of which arc existing public facilities.
The facility will provide a public benefit by being used to manage stormwater impacts from the
proposed bridge improvements to the public facility of SW Tigard Street. The stormwater facility will
be vegetated and integrated into the surrounding natural areas and will not impact any existing park
amenities, including sports fields, walking paths, playgrounds, shelters or restrooms. Additionally, the
facility is completely located within the boundaries of the park and will not create any negative impacts
on surrounding properties, such as noise, vibration, air quality, glare, odor or dust. The applicant's
proposal still complies with all applicable parks and recreation zone development standards.
Accordingly, staff finds this proposal will have minimal impacts on surrounding properties, sensitive
lands, or public facilities,and meets the definition of a minor modification.
2. It does not cause the development to go out of conformance with any applicable standard
or further out of conformance if already nonconforming,except where an adjustment has
been approved.
FINDING: None of the development standards in the applicable code section, Chapter 18.140 Parks
and Recreation Zone, apply to the proposed modification. All applicable standards were met with the
original approval and will continue to be met with the approval of this minor modification.
D. Approval criteria. The approval authority will approve or approve with conditions a minor
modification application when all of the following criteria are met:
1. The proposed modification qualifies as a minor modification as defined in Subsection
18.765.060.A;
FINDING: As demonstrated in the findings above, this proposal qualifies as a minor modification as
defined in TCDC 18.765.060.A.This criterion is met.
2. If the proposal involves the modification of a condition of approval, at least one of the
following criteria is met:
a. The condition cannot be implemented for reasons outside the control of the applicant
or property owner;
b. The condition is no longer needed or warranted because circumstances have
changed;or
c. A new or modified condition better accomplishes the purpose of the original
condition.
FINDING:The applicant is not proposing to modify a condition of approval, this criterion does not
apply.
18.790 TEXT AND MAP AMENDMENTS
A. Approval process.
2. A quasi-judicial comprehensive plan map amendment application is processed
through a Type III-Modified procedure, as provided in Section 18.710.090,which is
decided by the City Council with a recommendation by Planning Commission.
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FINDING:The applicant is proposing to impact sensitive lands,including significant wetlands, Fanno
Creek, and the associated vegetated corridors to allow the proposed bridge and associated
improvements. Per Section 18.510.100,this protection can only be removed through a comprehensive
plan map amendment. As such, this application is being reviewed through the Type III-Modified
procedure.
B. Approval criteria. A recommendation or decision for a quasi-judicial zoning map
amendment or quasi-judicial comprehensive plan amendment will be based on the
following:
1. Demonstration of compliance with all applicable comprehensive plan policies and
map designations; and
FINDING: The proposal demonstrates compliance with all applicable comprehensive plan policies and
map designations,as described above.
2. Demonstration that adequate public services exist to serve the property at the
intensity of proposed zoning. Factors to consider include the projected service
demands of the property, the ability of the existing and proposed public services to
accommodate the future use, and the characteristics of the property and
development proposal, if any.
FINDING: The proposed project will replace the existing Tigard Street Bridge over Fanno Creek.
Associated improvements arc also proposed within the project area, including new stormwater
management facilities,replacement of sanitary sewer and water utility lines,roadway paving and widening,
and new roadway lighting. Rather than increasing demand on public facilities, the proposed project is
replacing and improving existing p;rhlic facilities in order to meet current public demand, The proposed
amendments to the comprehensive plan in order to remove the "significant" designation from wetlands
and vegetated corridor areas impacted by the project will have minimal impact on public services or
demand for public services. This criterion is met.
18.910 IMPROVEMENT STANDARDS
18.910.030 Streets
A. Improvements.
1. No development shall occur unless the development has frontage or approved access
to a public street.
2. No development shall occur unless streets within the development meet the standards
of this chapter.
3. No development shall occur unless the streets adjacent to the development meet the
standards of this chapter, provided, however, that a development may be approved if
the adjacent street does not meet the standards but half-street improvements meeting
the standards of this chapter are constructed adjacent to the development.
4. Any new street or additional street width planned as a portion of an existing street shall
meet the standards of this chapter.
FINDING: The proposal is for the replacement of the Tigard Street bridge located at the Fanno
Creek crossing on SW Tigard Street,which is classified as a Neighborhood Street.
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With the following condition of approval, these standards are met:
• Prior to commencing any site work, the applicant must submit plans showing the
following required street improvements for City review and approval:
SW Tigard Street
• 36-foot Pavement from curb-to-curb
• 6.5 foot Curb tight sidewalk (with curb)
• Minimum 0.5-foot Access Strip
• Street Lighting
As conditioned, this standard is met.
B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created
through the approval of a final plat; however, the council may approve the creation of a
street by acceptance of a deed,provided that such street is deemed essential by the council
for the purpose of general traffic circulation.
1. The council may approve the creation of a street by deed of dedication without full
compliance with the regulations applicable to subdivisions or partitions if any one or
more of the following conditions are found by the council to be present:
a. Establishment of a street is initiated by the council and is found to be essential for
the purpose of general traffic circulation, and partitioning or subdivision of land
has an incidental effect rather than being the primary objective in establishing the
road or street for public use; or
b. The tract in which the road or street is to be dedicated is an isolated ownership of
1 acre or less and such dedication is recommended by the commission to the
council based on a finding that the proposal is not an attempt to evade the
provisions of this title governing the control of subdivisions or partitions
c. The street is located within the mixed use central business district (MU-CBD)
zone and has been identified on Figures 5-14A through 5-14I of the City of Tigard
2035 Transportation System Plan as a required connectivity improvement.
2. With each application for approval of a road or street right-of-way not in full
compliance with the regulations applicable to the standards, the proposed dedication
shall be made a condition of subdivision and partition approval.
a. The applicant shall submit such additional information and justification as may be
necessary to enable the commission in its review to determine whether or not a
recommendation for approval by the council shall be made.
b. The recommendation,if any, shall be based upon a finding that the proposal is not
in conflict with the purpose of this title.
c. The commission in submitting the proposal with a recommendation to the council
may attach conditions which are necessary to preserve the standards of this title.
3. All deeds of dedication shall be in a form prescribed by the city and shall name "the
public" as grantee.
FINDING: This project is coordinating with the adjacent property owners and will obtain the
necessary right-of-way prior to construction of this project. This standard is met.
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D. Street location, width and grade. Except as noted below, the location, width and grade of
all streets shall conform to an approved street plan and shall be considered in their relation
to existing and planned streets, to topographic conditions, to public convenience and
safety, and in their appropriate relation to the proposed use of the land to be served by
such streets:
1. Street grades shall be approved by the City Engineer in compliance with Subsection
18.910.030.N; and
FINDING:The proposed development is a bridge replacement that conforms with the required street
section for a Neighborhood Street. The grades are dictated by the flood elevation of the creek,
minimum clearance, and the minimum bridge thickness. This standard is not applicable.
E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved
street plan, or as needed to continue an existing improved street or within the Tigard
Downtown Plan District,street right-of-way and roadway widths shall not be less than the
minimum width described below. Where a range is indicated, the width shall be
determined by the decision-making authority based upon anticipated average daily traffic
(ADT) on the new street segment. (The city council may adopt by resolution, design
standards for street construction and other public improvements. The design standards
will provide guidance for determining improvement requirements within the specified
ranges.) These are provided in Table 18.910.1.
The approval authority shall make its decision about desired right-of-way width and
pavement width of the various street types within the subdivision or development after
consideration of the following:
1. The type of road as provided in the comprehensive plan transportation chapter -
functional street classification.
2. Anticipated traffic generation.
3. On-street parking needs.
4. Sidewalk and bikeway requirements.
5. Requirements for placement of utilities.
6. Street lighting.
7. Drainage and slope impacts.
8. Street tree location.
9. Planting and landscape areas.
10. Safety and comfort for motorists, bicyclists, and pedestrians.
11. Access needs for emergency vehicles.
FINDING:The proposal is for the replacement of the Tigard Street bridge at Fanno Creek and Tigard
Street is classified as a Neighborhood Street. The new bridge is sized to accommodate the full width
required. This standard is not applicable.
N. Grades and curves.
1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12
percent on any other street (except that local or residential access streets may have
segments with grades up to 15 percent for distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the City Engineer.
FINDING:The existing bridge is too low and the proposed bridge must be several feet higher in
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order to prevent flooding. The east end of these improvements has a vertical curve that intercepts
with the existing street at a slope of 4.13°u. The other slopes for the bridge replacement and street
improvements are less than 4.13°'0.This standard is met.
O. Curbs,curb cuts,ramps, and driveway approaches. Concrete curbs,curb cuts,wheelchair,
bicycle ramps and driveway approaches shall be constructed in compliance with standards
specified in this chapter and Chapter 15.04, Work in the Right-of-Way, and:
1. Concrete curbs and driveway approaches are required; except:
2. Where no sidewalk is planned, an asphalt approach may be constructed with City
Engineer approval; and
3. Asphalt and concrete driveway approaches to the property line shall be built to city
configuration standards.
FINDING: Curbs, curb cuts, ramps, and driveway approaches are shown on the submitted plans.
This standard is met.
Y. Street light standards. Streetlights shall be installed in compliance with regulations
adopted by the city's direction.
FINDING: A preliminary lighting plan has been submitted and meets the applicable standards. The
following conditions of approval are required to meet this standard:
• Prior to commencing any site work, the applicant must provide a final photometric
analysis of the proposed development frontages for the review and approval.
Photometric analysis will follow the recommended values and requirements described
in ANSI/IESNA. The analysis must show the location of streetlights; and the type
and color of the pole and light fixture. All public streetlights must he PGE Option B.
As conditioned, this standard is met.
18.910.070 Sidewalks
A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall
have sidewalks meeting city standards along at least one side of the street.All other public
and private streets shall have sidewalks meeting city standards along both sides of the
street. A development may be approved if an adjoining street has sidewalks on the side
adjoining the development, even if no sidewalk exists on the other side of the street.
FINDING:As shown on the preliminary site plan,the applicant has proposed sidewalks in preliminary
accordance with the standards of this chapter. This standard is met.
C. Planter strip requirements. A planter strip separation of at least 5 feet between the curb
and the sidewalk shall be required in the design of streets, except where the following
conditions exist: there is inadequate right-of-way;the curbside sidewalks already exist on
predominant portions of the street;it would conflict with the utilities;there are significant
natural features (large trees, water features, significant habitat areas, etc.) that would be
destroyed if the sidewalk were located as required; or where there are existing structures
in close proximity to the street (15 feet or less) or where the standards in Table 18.910.1
specify otherwise. Additional consideration for exempting the planter strip requirement
may be given on a case-by-case basis if a property abuts more than one street frontage.
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FINDING: The project proposes to limit the impact on the adjacent sensitive lands by providing
curb-tight sidewalks. This standard does not apply.
D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing
obligation of the adjacent property owner.
FINDING:The adjacent property owner will be responsible for the maintenance of sidewalks, curbs,
and planter strips.This standard is met.
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.
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.
FINDING: The applicant has proposed a storm water drainage system separate and independent of
any sanitary sewerage system. Inlets are provided so surface water is not carried across any intersection.
Surface water drainage patterns are shown on the development proposal plan. 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.
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.
FINDING:The Final Hydraulic Report for the Tigard Street Fanno Creek Bridge Replacement(dated
July 2024) was prepared by DO\VL. It assesses the hydraulic performance of the existing structure
and the proposed bridge design. Additionally, it summarizes the hydraulic modeling evaluation and
the proposed bridge design. As part of the design, DOWL completed floodplain storage, scour and
abutment protection calculations. The floodplain elevations established in this report determine the
minimum elevation of the proposed bridge.
The Final Stormwater Report for the Tigard Street Fanno Creek Bridge Replacement(dated July 2024)
was prepared by DOWI, as well. The project site is 0.74 acres and storm sewer and stormwater
management facilities are proposed to treat and detain stormwater runoff resulting from the proposed
construction. A bioretention pond is proposed south of SW Tigard St to treat and detain the runoff
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from the west of the bridge and runoff to the cast will be captured and conveyed north to discharge
into the wetlands. The stormwater management system is designed to meet DEQ and SLOPES
stormwater standards,which exceed those of CWS and the city of Tigard.
This standard is met.
18.910.110 Bikeways and Pedestrian Pathways
A. Bikeway extension.
1. As a standard, bike lanes shall be required along all arterial and collector routes and
where identified on the city's adopted bicycle plan in the transportation system plan
(TSP). Bike lane requirements along collectors within the downtown urban renewal
district shall be determined by the City Engineer unless specified in Table 18.910.1.
2. Developments adjoining proposed bikeways identified on the city's adopted
pedestrian/bikeway plan shall include provisions for the future extension of such
bikeways through the dedication of easements or rights-of-way, provided such
dedication is directly related to and roughly proportional to the impact of the
development.
3. Any new street improvement project shall include bicycle lanes as required in this
chapter and on the adopted bicycle plan.
B. Cost of construction. Development permits issued for planned developments,conditional
use permits,subdivisions and other developments which will principally benefit from such
bikeways shall be conditioned to include the cost or construction of bikeway
improvements in an amount roughly proportional to the impact of the development.
C. Minimum width.
1. The minimum width for bikeways within the roadway is 5 feet per bicycle travel lane.
2. The minimum width for multi-use paths separated from the road and classified as
regional or community trails in the Greenway Trail System Master Plan is 10 feet. The
width may be reduced to 8 feet if there are environmental or other constraints.
3. The minimum width for off-street paths classified as neighborhood trails, according
to the Greenway Trail System Master Plan, is 3 feet.
4. Design standards for bike and pedestrian-ways shall be determined by the City
Engineer.
FINDING: The objective of this project is to replace a failing bridge and temporary pedestrian
walkway on the north side with a new bridge that has sidewalks on both sides of S\X' Tigard Street.
SW Tigard Street is a neighborhood street and no bicycle lanes are identified in the project area on the
city's adopted bicycle plan in the transportation system plan. This standard is met.
18.910.120 Utilities
A. Underground utilities. All utility lines including, but not limited to those required for
electric, communication, lighting and cable television services and related facilities shall
be placed underground, except for surface mounted transformers, surface mounted
connection boxes and meter cabinets which may be placed above ground, temporary
utility service facilities during construction,high capacity electric lines operating at 50,000
volts or above, and:
1. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
2. The city reserves the right to approve location of all surface mounted facilities;
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3. All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be constructed prior to the surfacing of the streets; and
4. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
B. Information on development plans. The applicant for a development shall show on the
development plan or in the explanatory information,easements for all underground utility
facilities, and
1. Plans showing the location of all underground facilities as described herein shall be
submitted to the City Engineer for review and approval; and
2. Care shall be taken in all cases to ensure that above ground equipment does not
obstruct vision clearance areas for vehicular traffic.
C. Exception to undergrounding requirement.
1. The developer shall pay a fee in-lieu of undergrounding costs when the development
is proposed to take place on a street where existing utilities which are not underground
will serve the development and the approval authority determines that the cost and
technical difficulty of under-grounding the utilities outweighs the benefit of
undergrounding in conjunction with the development. The determination shall be on
a case-by-case basis. The most common, but not the only, such situation is a short
frontage development for which undergrounding would result in the placement of
additional poles,rather than the removal of above-ground utilities facilities.
2. An applicant for a development which is served by utilities which are not underground,
and which are located across a public right-of-way from the applicant's property shall
pay the fee in-lieu of undergrounding.
3. Properties within the MU-CBD zone shall be exempt from the requirements for
undergrounding of utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in Paragraphs 18.910.120.C.1 through 3 shall apply only to existing
utility lines. All new utility lines shall be placed underground.
D. Fee in-lieu of undergrounding.
1. The City Engineer shall establish utility service areas in the city. All development
which occurs within a utility service area shall pay a fee in-lieu of undergrounding for
utilities if the development does not provide underground utilities, unless exempted
by this chapter.
2. The City Engineer shall establish the fee by utility service area which shall be
determined based upon the estimated cost to underground utilities within each service
area. The total estimated cost for undergrounding in a service area shall be allocated
on a front-foot basis to each party within the service area. The fee due from any
developer shall be calculated based on a front-foot basis.
3. A developer shall receive a credit against the fee for costs incurred in the
undergrounding of existing overhead utilities. The City Engineer shall determine the
amount of the credit, after review of cost information submitted by the applicant with
the request for credit.
4. The funds collected in each service area shall be used for undergrounding utilities
within the city at large.The City Engineer shall prepare and maintain a list of proposed
undergrounding projects which may be funded with the fees collected by the city.The
list shall indicate the estimated timing and cost of each project. The list shall be
submitted to the city council for their review and approval annually.
FINDING: The plans provided show that conduits will be provided for future undergrounding
activities. This standard is met.
STAFF RECOMMENDATION
CPA2024-00001 /SI.R2024-00002;' MMD202400002TIGARD STRI.I:T BRIDGE RI..PI.ACFMENT PAGE 32 OF 36
18.910.140 Monuments—Replacement Required
Any monuments that are disturbed before all improvements are completed by the subdivider
shall be replaced prior to final acceptance of the improvements.
FINDING: The applicant's narrative has acknowledged intent to comply with this requirement. It is
feasible and possible to meet this standard through the PFI permitting process.
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.
FINDING:The applicant's narrative has acknowledged intent to comply with this requirement. It is
feasible and possible to meet this standard through the PH permitting process.
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.
FINDING: The applicant must submit a permit application for review and approval for all public
improvements. All plans must be in compliance with all applicable standards. The following
conditions of approval are required to meet this standard:
• Improvements associated with public infrastructure including street and right-of-way
dedication, utilities,grading, water quality and quantity facilities, 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
• City of Tigard Community Development Codes and Municipal Codes
• Tualatin Valley Fire and Rescue (TVF&R) Fire Codes
• Other applicable County,State, and Federal Codes and Standard Guidelines
• Prior to commencing any site work, the applicant must obtain approval of a Public
Facility Improvement (PFI) Permit to cover all improvements associated with public
infrastructure work,including stormwater management facilities, or any other work
in the public right-of-way. An Engineering cost estimate of improvements
associated with public infrastructures including but not limited to street, street
grading, utilities, stormwater quality and water quantity facilities, sanitary sewer,
streetlights,and franchise utilities are required at the time of PH permit submittal.
STAFF RECOMMENDATION
CPA2024-00001 /S1R2024-00002 MMD2024 00002 TIGARD STREET BRIDGE RFPI_ACEMENT PAGE 33 OF 36
As conditioned, this standard is met.
CONCLUSION: This proposal meets all applicable standards and criteria of the Tigard
Community Development Code.
ADDITIONAL CITY OR AGENCY COMMENTS:
Public Water System:
The existing public water main is under the jurisdiction of the City of Tigard. The site plans indicate
that an 8-inch water main will be relocated along the new bridge and all existing meters will either
remain and be protected or be relocated as necessary. The following conditions of approval are
required to meet this standard:
• Prior to commencing any work, the applicant must obtain approval for the water system
plan as part of the PFI Permit to be designed in accordance with the City of Tigard
Standards.
As conditioned, this standard is met.
Storm Water Quality:
The City has agreed to enforce Surface Water Management regulations established by CWS Design
and Construction which require the construction of water quality facilities. In addition,a maintenance
plan must be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
• Prior to commencing any site work, the applicant must obtain a C\X'S 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 and the storm
drainage report to CWS after preliminary review for CWS's review and approval.
As conditioned, this standard is met.
Grading and Erosion Control:
The City of Tigard and Clean Water Services Design and Construction Standards also regulate erosion
control to reduce the amount of sediment and other pollutants reaching the public storm and surface
water system resulting from development, construction, grading, excavating, clearing, and any other
activity which accelerates erosion. Prior to commencing any site work, the applicant must submit an
erosion control plan for approval. The plan must comply to the "CWS Erosion Prevention and
Sediment Control Design and Planning Manual" (current edition).
The area of disturbance is less than one acre and the following conditions of approval are required
to meet this standard:
• Prior to commencing any site work, the applicant must submit a final grading plan
showing the existing and proposed contours for approval. The design engineer must
indicate areas that will have natural slopes between 10 percent and 20 percent, as well as
areas that will have natural slopes in excess of 20 percent. This information will be
necessary in determining if special grading inspections or permits will be necessary.
STAFF RECOMMENDATION
CPA2024-00001 /SLR2024-00002,/MMD2024-00002 TIGARD STRI.1[T BRIDGE REPI.ACI?M1F NT I'AGE 34 OF 36
As conditioned, this standard is met.
SECTION VII. OTHER STAFF COMMENTS
The following City of Tigard staff were sent a copy of the proposal:
• Development Engineering
• Building Division
• Public Works
• Transportation Planning
• Police Department
Comments from Development Engineering have been incorporated throughout this report and are also
provided in Attachment 3.Police responded with no objections. No other comments were received from
other staff.
SECTION VIII. AGENCY COMMENTS
Clean Water Services issued a Service Provider Letter(CWS file 24-000820)for this proposal on July 3,
2024,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 January 9, 2025, 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 responded on
December 24,2024,with comments stating that since the project does not include a structure,they have
no comments.
SECTION IX. 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 Iands. The subject property contains locally significant
wetlands and vegetated corridors protected under Goal 5 safe harbor. The applicant has applied for a
quasi-judicial comprehensive plan amendment under a Type III-Modified procedure. The application is
based on a specific development of replacement of the Tigard Street bridge. 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 replacement bridge and associated
utilities would result in the most positive consequences of the 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 can be further minimized, and the remaining resource and
off-site resource areas can he 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 (safer and more reliable
transportation option for motorists,pedestrians,and cyclists),and it strikes a balance between conflicting
uses and the city's transportation goals.
STMT.RECOMMENDATION
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CONCLUSION
As demonstrated by the findings above,the Planning Commission finds,by a 7-0 vote in favor,that the
proposed comprehensive plan map amendment,sensitive lands review, and minor modification comply
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.
The Planning Commission recommends approval to the Tigard City Council of the proposed
comprehensive plan map amendment.
RECOMMENDED: THE 3RD DAY OF FEBRUARY 2025 BY THE CITY OF TIGARD
PLANNING COMMISSION.
914<k,A' �.
Nathan Jackson,Planning Commission President
Dated this 12 day of June 2025.
Attachments:
Attachment 1: Site Map
Attachment 2: Plan Set
Attachment 3: Applicant's ESEE Analysis
Attachment 4: Agency Comments
STAFF RECOMMENDATION
CPA2024.00(0I /SLR2024-00002/MIMD2024.00002 TIGARD STREET BRIDGE REPLACEMENT PAGE 36 OF 36
EXHIBIT C
TIGARD STREET (FANNO CREEK) BRIDGE
REPLACEMENT
Tigard, Oregon
Environmental, Social, Economic and Energy Analysis (ESEE)
Prepared for:
a " Tigard
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Prepared by:
'r
DDWL
309 SW 6th Avenue; Suite 700
Portland, Oregon 97204
Submitted: January 9, 2024
Updated: July 3, 2024
DOWL#2621.80187.01
PAGE INTENTIONALLY LEFT BLANK
Tigard Street(Fanno Creek)Bridge Replacement
Environmental, Social,Economic,and Energy Analysis July 3,2024
TABLE OF CONTENTS
1.0 INTRODUCTION 5
1.1 OVERVIEW OF REQUEST 5
1.2 PROJECT HISTORY AND BACKGROUND 6
1.3 PROJECT DESCRIPTION 7
1.4 DESCRIPIION OF THE CONFLICTING USE 8
2.0 ESEE ANALAYSIS 9
2.1 ESEE ANALYSIS REQUIREMENTS 9
2.2 EXISTING LOCAL PROTECTIONS 9
2.3 ESEE ANALYSIS AREA DESCRIPTION 10
2.4 PROPOSED MITIGATION 14
3.0 SITE SPECIFIC ESEE ANALYSIS 18
3.1 ECONOMIC CONSEQUENCES .. 18
3.2 SOCIAL CONSEQUENCES 20
3.3 ENVIRONMENTAL CONSEQUENCES 21
3.4 ENERGY CONSEQUENCES .22
3.5 CONCLUSION .23
3.6 RECOMMENDED DECISION .24
LIST OF TABLES
Table 1: Significant Wetland Impacts Summary 6
Table 2: Proposed Project Impacts and Mitigation Strategy 15
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Environmental, Social, Economic, and Energy Analysis July 3,2024
ACRONYMS & ABBREVIATIONS
ADA Americans with Disabilities Act
ADT Average Daily Traffic
BMP Best Management Practices
CIP Capital Improvement Plan
City City of Tigard
CPA Comprehensive Plan Amendment
CUP Conditional Use Permit
CWS Clean Water Services
DCS Design and Construction Standards
DLCD Oregon Department of Land Conservation and Development
DSL Oregon Department of State Lands
ESEE Economic, Social, Environmental and Energy
GIS Geographic Information System
HUC Hydrologic Unit Boundary
LWI Local Wetland Inventory
OAR Oregon Administrative Rules
ODOT Oregon Department of Transportation
PEM Palustrine Emergent
R&O Resolution and Order
ROW Right-of-Way
SF Square Feet
TDC Tigard Development Code
TMC Tigard Municipal Code
TVF&R Tualatin Valley Fire & Rescue
USACE United States Army Corps of Engineers
VC Vegetated Corridor
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Tigard Street(Fanno Creek) Bridge Replacement
Environmental, Social, Economic, and Energy Analysis July 3,2024
1.0 INTRODUCTION
1.1 Overview of Request
The City of Tigard (City/applicant)is requesting a Comprehensive Plan Amendment (CPA)to the"Wetland
and Stream Corridors Map", a Sensitive Lands Review. and a Minor Modification' for the proposed Tigard
Street(Fanno Creek) Bridge Replacement project(hereinafter referred to as"the project").The project area
is located along SW Tigard Street, generally from SW Tiedemann Avenue to the Fanno Creek Trail (see
Exhibit A, Figure 1 and 1 B=—Location Map and Vicinity Map). This request will allow for:
• The removal of the "significant" designation from impacted portions of significant wetlands, which
are Statewide Planning Goal 5 Resources, located within the public right-of-way and within adjacent
City-owned and private properties. "Significant wetlands' include both the delineated wetland and
the vegetated corridor buffer areas surrounding the wetland; and
• The removal of protections for two vegetated corridor(riparian)areas associated with Fanno Creek
(a Statewide Planning Goal 5 Resource)that are not a part of a significant wetland, located within
public right-of-way and within adjacent City-owned and private properties.
The City does not allow any landform alterations or developments within or partially within a significant
wetland or Fanno Creek vegetated corridor areas3, except as approved pursuant to Tigard Development
Code (TDC) 18.510.080 and with a concurrent CPA as authorized under TDC 18.510.100. As described in
TDC 18.510.100, the City allows applicants to remove Goal 5 protection of mapped significant wetlands
and Fanno Creek vegetated corridor areas through one of two options; an economic, social, environmental,
and energy (ESEE) analysis that considers the consequences of allowing, limiting or prohibiting the
proposed conflicting use, or a second option, which demonstrates that the sensitive areas no longer meet
the significance threshold as defined in the Goal 5 administrative rule. The applicant is pursing option 1,
the ESEE analysis for the CPA. The applicant is requesting removal of the "significant" designation from
approximately 25,563 square feet (SF) of significant wetlands impacted by the project's proposed
improvements, as well as the removal of protections for approximately 6,073 SF of Fanno Creek vegetated
corridor areas.
Table 1 on the following page provides a summary of the size of the significant wetlands and Fanno Creek
vegetated corridor areas within the project area, the size of the impact areas, and the type of impacts.
Figure 4 shows existing conditions with the locations of significant wetlands, Fanno Creek vegetated
corridor areas, other project area land uses and features, and SW Tigard Street's existing configuration.
Figure 5 shows the location of impacted areas of the significant wetlands and vegetated corridor areas
associated with Fanno Creek,and the types of impacts. The CPA would remove the significant designation
from only the impacted areas of the significant wetlands and Fanno Creek vegetated corridor areas.
1 In order to modify the Dirksen Nature Park CUP(CUP 2013-00001/SLR 2013-00002NAR 2013-00010)
2 All figures referenced in this ESEE Analysis are located within Land Use Application Exhibit A.
3 Together these areas are often referred to as the"resources"or"resource areas"within this document.
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Tigard Street(Fanno Creek)Bridge Replacement
Environmental, Social, Economic, and Energy Analysis July 3, 2024
Table 1: Significant Wetland Impacts Summary
Significant
Wetland Area Significant Wetland and
Significant Wetlands and Fanno Fanno Creek Vegetated
and Fanno Creek Creek Vegetated Corridor Impact area(sq. Type of Impact Proposed
Vegetated Corridors Corridor Area ft.) by Proposed Project
within Project Improvements
Area(sq.ft.)
Roadway widening and raising,
bridge replacement, placement of
riprap for scour protection around
bridge abutment, Fanno Creek
Significant Wetland A 23,665 6,151 channel regrading,grading for Fanno
Creek Trail reconstruction,
construction of sanitary sewer pipe
and stormwater management
infrastructure.
Roadway widening and raising,
bridge replacement, placement of
riprap for scour protection around
Significant Wetland B 26,786 8,182 bridge abutment, Fanno Creek
channel regrading, construction of
sanitary sewer pipe and stormwater
management infrastructure.
Fanno Creek channel regrading.
grading for Fanno Creek trail
Significant Wetland C 16,972 11,230 reconstruction,construction of
stormwater management
infrastructure
Roadway widening, bridge
replacement, placement of riprap for
Fanno Creek VC 5" 2,943 2,943 scour protection around bridge
abutment, Fanno Creek channel
regrading.
Roadway widening, bridge
replacement, placement of riprap for
Fanno Creek VC 6* 6,277 3,130 scour protection around bridge
abutment,Fanno Creek channel
regrading.
Total 76,643 31,636
'Fanno Creek VC 5 and VC 6 are not a part of a significant wetland.These VCs are riparian buffers offset from
Fanno Creek(a Goal 5 protected resource)
1.2 Project History and Background
The existing Tigard Street Bridge(#67T002)is a four span timber girder bridge built in the 1958 that carries
SW Tigard Street across Fanno Creek. Per the 2040 Tigard Transportation System Plan("TSP"), SW Tigard
Street is classified as a neighborhood route.Within the project area, SW Tigard Street is improved with two
ten foot wide travel lanes with a paved roadway width of approximately 20 feet. The total bridge structure
is approximately 29-feet wide and includes a separated pedestrian walkway on the bridge's north side. The
Oregon Department of Transportation (ODOT) 2016 bi-annual inspection identified critical structural
deficiencies in the existing bridge, resulting in the City being provided a deficiency letter that recommended
rehabilitation and ultimately the bridge's replacement. Emergency repairs and strengthening measures
Page 6
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Tigard Street(Fanno Creek)Bridge Replacement
Environmental, Social,Economic,and Energy Analysis July 3,2024
were designed and completed in 2017, with the understanding that the bridge would be replaced in the
future with a new structure. Further, the existing badge currently experiences flooding during three year
flood events. Within the City's Capital Improvement Plan ("CIP"), the Tigard Street Bridge's replacement is
project#95060.
The purpose of proposed project is to provide the following benefits:
• Replace the functionally obsolete existing bridge with a new bridge wide enough to accommodate
pedestrians and cyclists (on both sides of the roadway)along with vehicles;
• Raise the bridge crossing to reduce flooding frequency and severity; and
• Improve safety and illumination for the Fanno Creek Trail crossing west of the bridge.
The bridge's replacement will ultimately provide a safer facility for the travelling public while also adequately
accommodating a variety of transportation modes, including pedestrians and cyclists. The proposed project
is being funded through a combination of revenue sources including gas tax, transportation system
development charges (SDCs)and stormwater funds.
1.3 Project Description
The proposed project will replace the existing Tigard Street Bridge with a new structure.The recommended
alternative includes replacing the existing structure with a 124-foot long, two span, precast prestressed
concrete slab bridge with a cast-in-place concrete deck. The proposed bridge will have one support
approximately ten feet west of the proposed east side top of bank within the channel. When constructed,
the finished roadway elevation will be approximately seven feet higher than current conditions and will be
above the 100-year flood elevation. Further, the recommended alternative achieves a no-net rise condition.
The proposed project's preliminary design plans are included as Exhibit G of the land use application and
are also shown on Figure 5.
As a result of necessary grading and construction within and adjacent to Fanno Creek, permanent and
temporary impacts to City-designated sensitive lands are proposed as shown on Figure 5. Per TDC
18.510.010(G), sensitive lands are lands potentially unsuitable for development because of their location
within one of the following areas (those underlined are present within the project area as shown Figure 4):
• The special flood hazard area (100-year floodplain) or 1996 flood inundation line;
• Natural drainageways,
• Significant wetland areas;
• Slopes greater than 25 percent;
• Significant fish and wildlife habitat areas designated on the City's"Significant Habitat Areas Map";
and
• Significant tree groves shown on the City's "Significant Tree Grove Map".
Per the City's "Significant Habitat Areas Map"4, there are high-value, moderate-value, and lower-value
habitat areas within the project area. Per the City's "Wetlands and Streams Corridors Map"5, all wetlands
within the project area are considered significant. Special flood hazard areas associated with Fanno Creek
are also within the project area.
The applicant has field-verified the boundaries of City-designated significant wetlands,which are shown on
Figure 4 in relation to wetland boundaries identified by the City s "Wetlands and Streams Corridors Map".
As shown on Figure 5 and previously within Table 1, three(3) field-verified significant wetlands (Significant
Wetlands A-C) are present within the project area and in significant wetland areas identified on Tigard's
°https+',`www.tigardmaps.com/MapGalleryPDFs/f env regulation/a siq habitat/sign hab3444.pdf
5 https:,:Iwww.tigardmaps.comNMapGalleryPDFO env regulationib_wetland streamrwet_srtrm_cor3444 pdf
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Environmental, Social, Economic,and Energy Analysis July 3,2024
"Wetlands and Streams Corridors Map". Impacts to Significant Wetlands A, B and C are proposed in order
to facilitate the new Tigard Street Bridge as shown in Table 1.Additionally, there are two vegetated corridor
areas associated with Fanno Creek (Fanno Creek VC 5 and Fanno Creek VC 6), which are also proposed
to be impacted as shown on Figure 5 and as indicated in Table 1.
1.4 Description of the Conflicting Use
The Oregon Department of Land Conservation and Development (DLCD) administers Statewide Planning
Goal 5 Administrative Rule (OAR) 660-023-000, which states that the purpose of Goal 5 is "...to conserve
and protect significant Goal 5 natural resources."
Goal 5 Administrative Rule OAR 660-0023-000 identifies Goal 5 natural resources (such as wetlands and
riparian/vegetated corridors) as "significant" based on the quality of their ecological functions. The Goal 5
ESEE analysis describes the economic, social, environmental, and energy consequences of allowing,
limiting, or prohibiting uses that conflict with the previously documented and protected identified significant
wetlands and Fanno Creek vegetated corridors within the project area.
Goal 5 Administrative Rule OAR 660-023-0010 defines "conflicting use" as follows:
(1) "Conflicting use"is a land use, or other activity reasonably and customarily subject to
land use regulations, that could adversely affect a significant Goal 5 resource (except as
provided in OAR 660-023-0180(1)(b)). Local governments are not required to regard
agricultural practices as conflicting uses.
Goal 5 Administrative Rule (OAR 660-023-0040)describes how conflicting uses are identified:
(2) Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could
occur, with regard to significant Goal 5 resource sites. To identify these uses, local
governments shall examine land uses allowed outright or conditionally within the zones applied
to the resource site and in its impact area. Local governments are not required to consider
allowed uses that would be unlikely to occur in the impact area because existing permanent
uses occupy the site The following shall also apply in the identification of conflicting uses:
(a) if no uses conflict with a significant resource site, acknowledged policies and land use
regulations may be considered sufficient to protect the resource site. The determination that
there are no conflicting uses must be based on the applicable zoning rather than ownership
of the site. (therefore, public ownership of a site does not by itself support a conclusion that
there are no conflicting uses.)
(b) A local government may determine that one or more significant Goal 5 resource sites
are conflicting uses, with another significant resource site. The local government shall
determine the level of protection for each significant site using the ESEE process and/or the
requirements in OAR 660-023-0090 through 660-023-0230(see OAR 660-023-0020(1)).
For this ESEE analysis, the conflicting uses are the proposed bridge structure and ancillary improvements
(stormwater facilities, retaining walls, roadway fill etc.) that would impact functioning significant wetlands
and Fanno Creek's vegetated corridor areas This document focuses only on significant wetlands and does
not include a significant habitat evaluation,which is an incentive based, non-regulatory element of the City's
regulatory framework.
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Tigard Street(Fanno Creek) Bridge Replacement
Environmental, Social, Economic,and Energy Analysis July 3, 2024
2.0 ESEE ANALAYSIS
2.1 ESEE Analysis Requirements
This ESEE analysis is based on a project design that requires impacts to areas of significant wetlands and
Fanno Creek vegetated corridors that are Goal 5 resources and protected. The significant wetland areas
are portions of larger wetland complexes adjacent to Fanno Creek.
An ESEE analysis evaluates the trade-offs associated with different levels of natural resource protection.
As required by the Goal 5 Rule, the evaluation process identifies the consequences of allowing, limiting, or
prohibiting conflicting uses in areas containing significant natural resources. Pursuant to the Goal 5 Rule
and TDC Section 18.510.100.B, the ESEE analysis requires the following steps:
1. The analysis must consider the ESEE consequences of building the proposed conflicting use,
considering both the impacts on the specific resource site and providing a comparison with
other comparable sites within the Tigard Planning Area;
2. The ESEE analysis must demonstrate to the satisfaction of the city council that the adverse
economic consequences of not allowing the conflicting use are sufficient to justify the loss, or
partial loss, of the resource;
3. The ESEE analysis must demonstrate why the use cannot be located on buildable land,
consistent with the provisions of this chapter, and that there are no other sites within the Tigard
Planning Area that can meet the specific needs of the proposed use;
4. The ESEE analysis must be prepared by a team consisting of a wildlife biologist or wetlands
ecologist and a land use planner or land use attorney, all of whom are qualified in their
respective fields and experienced in the preparation of Goal 5 ESEE analysis;
5. If the application is approved, then the ESEE analysis must be incorporated by reference into
the Tigard Comprehensive Plan and the "Tigard Wetland and Stream Corridor Map" will be
amended to remove the site from the inventory.
2.2 Existing Local Protections
The SW Tigard Street ROW and the project area include the following City of Tigard zoning designations
(see Figure 3):
• I-P— Industrial Park
• PR—Parks and Recreation
• RES-B— Residential B
• RES-D—Residential D
Each of these zones defines permitted and prohibited uses, as well as development standards. Overlay
zones, plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. The
requested Comprehensive Plan Map Amendment is subject to a Type III Modified review process(see TDC
18.710.080). In addition, development within or near sensitive lands triggers review under the City's
Sensitive Lands chapter(see TDC 18.510).
The Sensitive Lands chapter (see TDC 18.510) outlines the permitted and regulated activities and uses
within sensitive lands, as well as defines the review and approval processes for development consideration
based on the type and intensity of the impact. The chapter also outlines the process for variance and
comprehensive plan amendment requests.
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2.3 ESEE Analysis Area Description
2.3.1. Existing Conditions
This ESEE analysis is subject to the project area shown on Figure 1, which includes ROW associated with
SW Tigard Street as well as adjacent public and privately owned tax lots, contained entirely within the City
of Tigard. Land uses surrounding the project area include single- and multi-family residences, light
industrial, and parks and open spaces, including Dirksen Nature Park and the Fanno Creek Trail. The
project area also contains and is adjacent to numerous environmental resources, including Fanno Creek,
City-designated significant wetlands per the City's "Wetland and Streams Corridors Map", as well as
associated vegetated corridors and riparian habitat areas. Vegetation, including trees of varying sizes,
shrubs, and underbrush, are also present within the project area. The project area also contains floodway
and special flood hazard areas (100-year floodplain) associated with Fanno Creek.
The proposed project will occur largely within existing ROW associated with SW Tigard Street. The new
bridge will have two 12-foot-wide vehicular travel lanes with 6-foot paved shoulders and 6.5 foot-wide
curbed sidewalks on both sides that can accommodate potential future widening and provide a safer
traveling environment for pedestrians and bicyclists. Because the existing SW Tigard Street corridor is
constrained by existing development on its north and south sides, as well as Fanno Creek itself, the new
bridge must be built in the same approximate location as the existing bridge. Opportunities to design the
improvements for further avoidance of significant wetlands and sensitive lands are limited.
2.3.2. Site Alterations
The site alteration description is based on readily available historical information and information from the
following documents prepared for the project.
• Land Use Application Exhibit K—Clean Water Services (CWS)Standard Site Assessment(DOWL,
June 2024)
• Land Use Application Exhibit F Wetland Delineation Report(DOWL, January 2024)
• Joint Permit Application (DOWL, January 2024)
Based on observations during the field investigations and a review of Google Earth historical aerial imagery,
recent site alterations could have affected the presence, location, and/or geographic boundary of waters
and wetlands within and adjacent to the project area. There is evidence of past disturbance within the
project area based on a review of historic aerial imagery from Google Earth dated: June 2006, July 2007,
June 2008, June 2009, August 2010, and April 2021.
The project area includes two mitigation sites north of SW Tigard Street. One mitigation area is north of SW
Tigard Street between Fanno Creek and the Fanno Creek Trail and extends off-site to the north (see
Appendix A, Figures 5a, 5b and 5c within the Wetland Delineation Report). This area provided off-site
mitigation for TriMet Commuter Rail wetland impacts (TriMet Commuter Rail Wetlands Mitigation Project;
DSL Permit Number: 36170-RF; COE Permit Number: 2006-00207). The Year Five Monitoring Report for
the TriMet Commuter Rail Wetlands Mitigation Project is provided in Appendix E of the Wetland Delineation
Report, and documents site preparation beginning in 2006. Historical aerial imagery shows that vegetation
was cleared in this area between 2006 and 2007 and then reestablished to meet their mitigation goals of
enhancement and restoration of degraded wetlands.
A second much smaller mitigation area, for the Gaarde Street Widening Project, is also on the north side
of SW Tigard Street, between the Fanno Creek Trail and Fanno Creek (see Appendix F of the Wetland
Delineation Report). This area provided off-site mitigation consisting of wetland enhancements for the City
of Tigard wetland impacts (Mitigation Support Document for The Gaarde Street Widening Project; DSL
Permit Number: 24256-GA; COE Permit Number: NA). Historical aerial imagery is limited prior to 2002.
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2.3.3. Significant Wetland and Fanno Creek Vegetated Corridor Area Descriptions
The significant wetlands and Fanno Creek vegetated corridor areas in this ESEE analysis are Significant
Wetlands A, B, and C, and Fanno Creek VC 5 and VC 6 as shown on Figure 4.These significant wetlands
are a portion of larger wetland areas that extend beyond the project area boundary. The wetlands outside
of the project area do not have field verified boundaries. The boundaries shown are taken from the Tigard
Wetland Inventory Map and publicly available geographic information system (GIS) data and may not be
shown in their entirety. They are provided to illustrate the approximate location and scale of additional
wetland areas in the vicinity of the project area The buffer width per the TDC included within each of the
significant wetland boundaries and Fanno Creek VC 5 and VC 6 is 50 feet.
Technical information for the significant wetlands and bufferNC is found in the following documents. The
following documents also provided information for the wetland descripb:ons in this ESEE analysis:
• Land Use Application Exhibit K-CWS Standard Site Assessment (DOWL, June 2024)
• Land Use Application Exhibit F- Wetland Delineation Report(DOWL, January 2024)
• Joint Permit Application (DOWL, January 2024)
Figure 4 includes both the field-verified significant wetlands and the significant wetland areas as mapped
within the Tigard Local Wetland Inventory map.
Detailed descriptions of the significant wetlands and Fanno Creek vegetated corridor areas follow, along
with descriptions of the proposed project impacts for each Figure 4 shows existing conditions with the
locations of significant wetlands and Fanno Creek vegetated corridor areas, as well as other project area
features, including the existing SW Tigard Street Bridge over Fanno Creek. Figure 5 shows the location of
impacted areas of significant wetlands and Fanno Creek vegetated corridor areas resulting from the project,
as well as proposed project improvements, and some erosion control measures to be used during
construction. The CPA would remove the significant designation from only the impacted areas of the
significant wetlands.
Table 1 provides a summary of the size of the significant wetlands and Fanno Creek vegetated corridor
areas, impact areas, and the types of impacts being proposed.
Significant Wetland A
Significant Wetland A is an approximately 23,665 SF wetland that lies to the north of SW Tigard Street and
west of Fanno Creek, extending beyond the project area limits to the north. Significant Wetland A is
composed of three primary plant communities: a forested community (PFO), a scrub/shrub community
(PSS), and an emergent community (PEM). The forest community is dominated by Oregon ash (Fraxinus
latifolia), and Nootka rose (Rosa nutkana). The scrub/shrub community is dominated by Oregon ash,
Douglas spirea (Spiraea douglasii), Pacific ninebark (Physocarpa capifatus), and redtop bentgrass
(Agrostis gigantea). The emergent community is dominated by slough sedge (Carex obnupta), bentgrass,
and reed canarygrass (Phalaris arundinacea). Within the project area the bufferNC consists primarily of a
native shrub cover and a mix of native and non-native species dominating the herbaceous ground cover;
the condition ranges from degraded to marginal. This significant wetland has the following function ratings:
• "Moderate"for Hydrologic Functions
• "Moderate"for Water Quality Support
• "Moderate"for Fish Habitat
• "Higher"for Aquatic Habitat
• "Moderate"for Ecosystem Support
Project Impact Area: 6,151 SF
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Impacts will be to the delineated wetland and the bufferNC including trees and native and non-native
herbaceous and shrub species. Project impacts include:
• Roadway widening and raising;
• Bridge replacement;
• Placement of riprap for scour protection around bridge abutments;
• Fanno Creek channel regrading;
• Construction of sanitary sewer pipe; and
• Construction of stormwater management infrastructure.
See Figure 4 for the location of Significant Wetland A and Figure 5 for the proposed project impact areas.
Significant Wetland B
Significant Wetland B is an approximately 26,786 SF wetland that lies to the north of SW Tigard Street and
east of Fanno Creek, extending beyond the project area limits to the north. Significant Wetland B supports
emergent vegetation dominated by reed canarygrass. Wetland B has consistent vegetation throughout and
is classified under the Cowardin system as seasonally flooded, palustrine emergent wetland dominated by
persistent herbaceous vegetation (PEM), and as Riverine under the HGM system. Within the project area
the bufferNC is dominated by Himalayan blackberry and reed canarygrass,with an Oregon ash and willow
canopy and the condition is degraded. This significant wetland has the following function ratings:
• "Moderate"for Hydrologic Functions
• "Moderate"for Water Quality Support
• "Moderate"for Fish Habitat
• "Higher"for Aquatic Habitat
• "Moderate"for Ecosystem Support
Project Impact Area:8,182 SF
Impacts will be to the delineated wetland and the bufferNC including trees and native and non-native
herbaceous and shrub species. Project impacts include:
• Roadway widening and raising;
• Bridge replacement;
• Placement of riprap for scour protection around bridge abutments;
• Fanno Creek channel regrading;
• Construction of sanitary sewer pipe; and
• Construction of stormwater management infrastructure.
See Figure 4 for the location of Significant Wetland B and Figure 5 for the proposed project impact areas.
Significant Wetland C
Significant Wetland C is an approximately 16,972 SF wetland that lies south of the Fanno Creek Trail and
west of Fanno Creek, extending beyond the project area limits to the south. Significant Wetland C supports
a forested plant community dominated by Oregon ash, Nootka rose, and reed canarygrass. Wetland C is
classified under the Cowardin system as a temporarily flooded, palustrine forested wetland dominated by
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broad-leaved deciduous vegetation (PFO),and as Riverine under the HGM system.Within the project area
the bufferNC is dominated by non-native shrubs and herbaceous species, including sugar maple,
Himalayan blackberry, horsetail(Equisetum sp.), and reed canarygrass and the condition is degraded.This
wetland has the following function ratings:
• "Moderate"for Hydrologic Functions
• "Moderate"for Water Quality Support
• "Moderate"for Fish Habitat
• "Higher"for Aquatic Habitat
• "Moderate"for Ecosystem Support
Project Impact Area: 11,230 SF
Impacts will be to the delineated wetland and the bufferNC including trees and native and non-native
herbaceous and shrub species. Project impacts include:
• Fanno Creek channel regrading;
• Grading for Fanno Creek trail reconstruction; and
• Construction of stormwater management infrastructure
See Figure 4 for the location of Significant Wetland and Figure 5 for the proposed project impact areas.
Fanno Creek VC 5
Fanno Creek VC 5 is an approximately 2,943 SF vegetated corridor area associated with Fanno Creek that
lies to the south of SW Tigard Street and west of Fanno Creek. VC 5 is not associated with Significant
Wetlands A-C; rather, Fanno Creek VC 5 is a riparian area offset from Fanno Creek and is a Goal 5
protected resource. Fanno Creek VC 5 includes non-native canopy cover and is dominated by non-native
shrubs and herbaceous species. Non-native species include sugar maple, Himalayan blackberry,horsetail,
and reed canarygrass. Fanno Creek VC 5 is in degraded condition.
Project Impact Area: 2,943 SF
Impacts to Fanno Creek VC 5 include trees and non-native herbaceous and shrub species. Project impacts
include:
• Roadway widening and raising;
• Bridge replacement;
• Placement of riprap for scour protection around bridge abutment; and
• Fanno Creek channel regrading.
See Figure 4 for the location of Fanno Creek VC 5 and Figure 5 for the proposed project impact areas.
Fanno Creek VC 6
Fanno Creek VC 6 is an approximately 6,277 SF vegetated corridor area associated with Fanno Creek that
lies south of SW Tigard Street and east of Fanno Creek. Fanno Creek VC 6 is not associated with Significant
Wetlands A-C; rather, Fanno Creek VC 6 is a riparian area offset from Fanno Creek and is a Goal 5
protected resource.Fanno Creek VC 6 includes Oregon ash and willow canopy and the shrub layer includes
Himalayan blackberry and English holly, and the herbaceous groundcover consists of reed canarygrass,
English ivy, shiny geranium, and cleavers. Fanno Creek VC 6 is in degraded condition.
Project Impact Area:3,130 SF
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Impacts to Fanno Creek VC 6 include trees and native and non-native herbaceous and shrub species.
Project impacts include:
• Roadway widening and raising;
• Bridge replacement;
• Placement of riprap for scour protection around bridge abutment; and
• Fanno Creek channel regrading
See Figure 4 for the location of Fanno Creek VC 6 and Figure 5 for the proposed project impact areas.
2.4 Proposed Mitigation
Tigard will mitigate impact areas of the proposed project improvements to ensure that the project does not
create a net loss of significant functions and values. Proposed mitigation includes a combination of wetland
mitigation bank credits and bufferNC mitigation at an off-site VC mitigation area.
Tigard will purchase wetland mitigation bank credits to replace the functions and values of the wetlands lost
due to project impacts. It is anticipated the bank credits will be purchased from the Tualatin Valley
Environmental Bank located within the Tualatin Watershed.The location of the mitigation bank is within the
same watershed as the project area and complies with United States Army Corps of Engineers (USAGE)
and Oregon Department of State Lands (DSL) mitigation requirements (4th Field Sub-basin Hydrologic Unit
Boundary [HUC]; Tualatin).
The City of Tigard relies on the CWS Design and Construction Standards (DCS) for the regulation of
vegetated corridors when developing mitigation strategies Per DCS subsection 3.08, permanent
encroachments into bufferNC are required to be mitigated in accordance with CWS requirements. Per
CWS Resolution and Order(R&O) 19-5, as amended by R&O 19-22, impacts to bufferNC directly adjacent
to impacted wetland areas do not require mitigation because the wetland mitigation bank credits also
address the associated bufferNC impacts. The mitigation strategies for significant wetlands are listed in
Table 2 on the following page.Additional information on each form of proposed mitigation follows the table.
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Table 2:Proposed Project Impacts and Mitigation Strategy
Significant Wetland/Fanno Creek Total Impact We Mitigated BufferNC Mitigated
Vegetated Corridor Area(SF) at Mitigation Bank off-site(SF)
Significant Wetland A 6,151 984 5,167
Significant Wetland B 8,182 2,719 5,463
Significant Wetland C 11,230 74 11,156
Fanno Creek VC 5 2,943 - 2,943
Fanno Creek VC 6 3,130 - 3,130
Total Significant Wetland Impact 25,563 -Area
Total Fanno Creek Vegetated 6,073 -
Corridor impact Area
Mitigation Areas - 3,777 27,859
Total Mitigated Areas Combined - 31,636
Wetland Mitigation Provided - 3,777
BufferNC Mitigation Provided _ 34,824
(1.25:1 ratio)
Surplus VC Mitigation - 2,669
Surplus Enhancement as Mitigation - 15,959
Total Mitigation Area - 57,229
Total Mitigation Used - 38,601
Total Mitigation Surplus - 18,628"
Additional Public Benefit Planting - 8,223
*Delineated wetland within the significant wetland boundary.
• This surplus value includes both surplus VC mitigation (2,669 SF)and surplus enhancement as mitigation(15,959
SF).
2.4.1. Wetland Mitigation Bank Credits
Tigard will provide mitigation for impacts to the delineated portion of significant wetlands through the
purchase of 0.09 acres of wetland bank credits. It is anticipated the bank credits will be purchased from the
Tualatin Valley Environmental Bank.The Tualatin Valley Environmental Bank is an approximately 106 acre
wetland mitigation bank located in Hillsboro, OR that provides wetland mitigation credits for the Tualatin
River Watershed (HUC 17090010) below 1,000 feet in elevation.
2.4.2. Vegetated Corridor Mitigated Off-Site
Tigard will mitigate 27,859 SF of bufferNC impacts not adjacent to impacted wetlands off-site at the
Englewood Park VC mitigation site. Englewood Park is located within the same drainage basin as the
project area. Per Table 3.2 of the current DCS, the replacement mitigation ratio for VC in marginal or
degraded condition is 1.25:1 (34,824 SF)
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2.4.3. Surplus Mitigation and Public Benefit Plantings
To demonstrate additional public benefit related to water quality, Tigard is proposing to create surplus VC
mitigation area (2,669 SF) and additional enhancement as mitigation (15,959 SF) at the Englewood Park
VC mitigation site. This surplus provides additional ecological benefit at the Englewood Park site by
creating, protecting, and enhancing additional VC in advance of future encroachments that require
mitigation (temporal gain).
Additionally, Tigard is proposing to plant approximately 8,223 SF of additional area adjacent to Wetland C
through two public benefit planting areas, referred to as Public Benefit Planting Area A and Planting Area
B Planting Area A is located in a floodplain mitigation area adjacent to Fanno Creek and Wetland C, and
will be planted to match CWS requirements for a good corridor condition. This area will provide additional
benefit since it is not otherwise required by CWS DCS. Planting Area B is located adjacent to a portion of
remaining VC 5, and will be restored by planting a single oak tree and approximately 30 shrubs, which
Tigard intends to manage in concert with their approach to existing oak savannah areas elsewhere.
2.4.4. Best Management Practices
Tigard proposes to use the following Best Management Practices (BMPs)during construction to protect the
significant wetlands and other natural resources
• The contractor will install orange construction fencing just outside the wetland disturbance limits to
establish No Work Areas to protect the remaining portion of the significant wetland.
• Standard erosion control BMPs will be used as needed. This includes supported and unsupported
sediment fencing, biodegradable erosion control matting, check dams, inlet protection, permanent
seeding and rocked/stabilized construction entrances.
• Along the perimeter of the project area, including those areas near significant wetlands, BMPs will
include a compost filter berm installed just inside the orange construction fencing.
• Depending on the stage of construction, additional BMPs including compost filter socks, check
dams, inlet protection, and erosion control matting will be installed as needed to prevent sediment
or sediment-laden waters from entering wetlands.
• All disturbed areas will be seeded with native seed after construction.
2.4.5. Avoidance Measures
There are no practicable alternative locations for the proposed project improvements that would completely
avoid the significant wetlands and Fanno Creek vegetated corridor areas. This is because the significant
wetlands and Fanno Creek vegetated corridor areas are located either parallel or perpendicular to the
roadway. In order to assess potential resource impacts and identify areas of avoidance, three (3) bridge
design alternatives were evaluated:
The first alternative considered was a single-span bridge. This option includes the least amount of new
roadway fill; however, the bridge overtops during the three year flood event, which does not achieve the
project's stated purpose and is not allowed under current City of Tigard design standards.Additionally,a 3-
barrel box culvert would be required to achieve no-rise, which would result in increased disturbances to the
project area's significant wetlands and Fanno Creek's vegetated corridor areas.
The second alternative was a four-span bridge. This alternative had the shallowest superstructure depth,
which provides the most hydraulic opening and clearance over the 100-year flood event. However, one of
the interior supports would have been in a high-flow area of the channel, which would increase the potential
for scour. This alternative would have the longest construction time and include the addition of
approximately 6 feet of new roadway fill to elevate the roadway. As a result, the Fanno Creek Trail would
need to be raised as it approaches and crosses SW Tigard Street. The additional roadway fill and four
spans would result in increased disturbances to the project area's resources.
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The preferred third alternative that was ultimately selected is a two-span bridge. This alternative uses
unbalanced spans of 67 feet and 57 feet to keep the foundation out of the high-flow portion of the channel.
This reduces scour and minimizes impacts to the existing channel and the project area's significant
wetlands and Fanno Creek's vegetated corridor areas. This alternative would also raise the new roadway
by approximately 7 feet to reduce flooding, in support of the project's purpose.
An off-site alternative was not considered because it would not satisfy the project's purpose of replacing
SW Tigard Street's existing crossing of Fanno Creek.
2.4.6. Proposed Mitigation Summary
The project will result in approximately 31,636 SF of total impacts to portions of significant wetlands and
vegetated corridors associated with Fanno Creek within the project area. Tigard will mitigate for all project
impacts (31,636 SF) and will also provide surplus VC mitigation area (2,669 SF) and additional
enhancement as mitigation (15,959 SF). In total, the mitigation area will be approximately 57,229 SF. To
reduce the impacts and mitigate for the loss of these significant wetland areas and VC, Tigard will use a
combination of avoidance measures, BMPs, and mitigation strategies. Mitigation for the delineated portion
of the significant wetlands will be accomplished through the purchase of wetland mitigation bank credits,
anticipated to be purchased at the Tualatin Valley Environmental Bank at 1:1 ratio. BufferNC areas will be
mitigated off-site at the Englewood Park VC mitigation site at a 1.25:1 ratio. In addition,Tigard is proposing
additional public benefit planting area located adjacent to Wetland C and VC 5 (8,223 SF).
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3.0 SITE SPECIFIC ESEE ANALYSIS
An ESEE analysis describes the economic, social, environmental, and energy consequences of allowing,
limiting, or prohibiting conflicting uses for the proposed project within the significant wetlands and Fanno
Creek vegetated corridor areas in the project area limits. For the purpose of this analysis, "allow", "limit",
and "prohibit" are defined as follows:
Allow Conflicting Uses:"Allowing"conflicting uses means that Tigard is not applying additional protections
to Significant Goal 5 Natural Resources beyond baseline protection provided by other, non-Goal 5 local,
state, and/or federal requirements. This alternative emphasizes developing lands containing Significant
Goal 5 Natural Resources.
Limit Conflicting Uses: "Limiting" conflicting uses strikes a balance between completely developing
Significant Goal 5 Natural Resources and completely protecting them. This alternative involves developing
lands in ways that minimize negative environmental and economic tradeoffs, supporting the development
goals embodied in local and regional land use plans, and protecting the most important Goal 5 Significant
Natural Resources.
Prohibiting Conflicting Uses: `Prohibiting" conflicting uses would prevent development actions that
conflict with, or degrade, Significant Goal 5 Natural Resources. This scenario emphasizes resource
protection. Protection measures would exceed baseline protections provided by other local, state, and/or
federal requirements.
For evaluation of all consequences the following items are applicable for the proposed project:
• OQOT's 2016 bi-annual inspection identified critical structural deficiencies in the existing bridge,
resulting in the City being provided a deficiency letter that recommended rehabilitation and
ultimately the bridge's replacement. Further, the existing bridge currently experiences flooding
during three year flood events, posing a risk to the travelling public.
• The existing bridge currently lacks complete sidewalks and bicycle lanes, providing a higher risk
travelling condition for pedestrians and cyclists.
• Within the project area, the average daily traffic is 2,112 vehicles for combined eastbound and
westbound traffic (in 2022). This is expected to increase to 3,300 vehicles per day by 2045 based
on a two percent growth rate.
• The purpose of the project is to replace the functionally obsolete6 existing bridge with a new bridge
wide enough to accommodate pedestrians and cyclists (on both sides of the roadway) along with
vehicles, raise the bridge crossing to reduce flooding frequency and severity, and improve safety
and illumination for the Fenno Creek Trail crossing west of the bridge.
• Tigard will provide mitigation only for impact areas of the proposed project to ensure that the project
creates no net loss of significant wetland and vegetated corridor function and values.
3.1 Economic Consequences
The following describes the economic consequences for each of the three protection scenarios.
3.1.1. Prohibiting Conflicting Use (Full Protection)
The consequences of prohibiting the conflicting use would be mixed. The consequences for the significant
wetlands and Fanno Creek vegetated corridor areas would be positive. The wetlands and vegetated
corridor areas would not be removed and would remain in their current state with no project-related impacts.
The overall function and value of the resources would be protected. However, the negative impacts to the
6 ODOT's 2021 Bridge Condition Report& Tunnel Data describes "functionally obsolete"as meaning bridges that"do
not have adequate lane widths, shoulder widths, vertical clearances, or design loads to serve traffic demand. This
definition also includes bridges that may be occasionally flooded".
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fringe areas of the significant wetlands and vegetated corridor areas closest to SW Tigard Street from
existing traffic and exhaust fumes would continue
The economic consequences related to prohibiting the proposed project improvements would be negative.
Without the improvements, the purpose of the project to replace a functionally obsolete bridge with a new
bridge wide enough to also safely accommodate pedestrians and cyclists could not be met. Further, the
existing bridge would continue to structurally deteriorate and remain susceptible to frequent flood events,
limiting passage and increasing the need for closures for additional emergency repairs. It is possible that
structural deficiencies in the bridge identified through ODOT inspections could eventually cause the bridge's
permanent closure; a complete closure of the bridge could result in travel delays and detours for the
travelling public and increase emergency service response times and availability. Travel delays have a
negative economic effect on local and regional commerce including commercial, service and delivery uses,
freight transport, and local businesses. Increased emergency response times harm the perceived livability
of the community, which, in turn, can negatively affect the community's economy. Further, if the existing
bridge were to collapse or washout, downstream impacts from the debris could be significant in terms of
safety and cleanup costs. Finally, the existing bridge is low in elevation and has hydraulic implications on
Fanno Creek, causing water levels to rise during flood events, causing impacts to properties subject to
inundation.
The importance of the SW Tigard Street bridge's replacement is evident through its identification on Tigard's
2023-24 CIP. The infrastructure needs identified through the CIP are critical to the economy of Tigard and
overall region and keeping the area economically competitive. Per ODOT's 2021 Bridge Condition Report
& Tunnel Data', repair projects on older structures are costly and have little return on investment, and
replacing functionally obsolete bridges is less costly in the long run. For this reason, prohibiting the
conflicting use would result in a negative economic consequence through impacts to commerce (resulting
from delays due to bridge closures) and routine additional expenses for repair and maintenance work to
the existing structure.
3.1.2. Limit Conflicting Use (Limited Protection)
Limiting the conflicting use to the proposed project improvements and providing the proposed
compensatory mitigation and avoidance measures would allow the proposed project to move forward and
would generally have positive consequences. The purpose of the project, to replace the functionally
obsolete existing bridge with a new bridge wide enough to accommodate pedestrians and cyclists (on both
sides of the roadway) along with vehicles, raise the bridge crossing to reduce flooding frequency and
severity, and improve safety and illumination for the Fanno Creek Trail crossing west of the bridge, would
be met. While the significant wetlands and Fanno Creek vegetated corridor areas would be impacted,
Tigard would avoid the resource areas to the maximum extent possible and would provide for local
mitigation requirements for significant wetland impact areas and vegetated corridors with an end result of
no net loss of resource function and values.
The City of Tigard relies on the CWS DCS for the regulation of vegetated corridors when developing
mitigation strategies Tigard proposes to provide mitigation that would include a combination of wetland
mitigation bank credits and off-site mitigation at the Englewood Park VC mitigation site. Tigard also
proposes to provide additional surplus mitigation and public benefit planting areas in order to provide
additional public benefit related to water quality.The mitigation strategies for significant wetlands and Fanno
Creek vegetated corridor areas are identified in section 2.4, Table 2.
Tigard has no practicable alternative locations for the proposed project improvements that would completely
avoid the significant wetlands and Fanno Creek vegetated corridor areas. Given the purpose of the project
to replace the existing bridge, an off-site alternative could not meet the project's purpose and was not
considered. The proposed project is primarily located within existing ROW for SW Tigard Street and
encroachments outside of existing ROW have been minimized to the extent practicable. This is because
the significant wetlands and Fanno Creek vegetated corridor areas are located either parallel or
perpendicular to the roadway and generally extend to the edge of the paved roadway and existing bridge
'https'llwww.oreuan.dov/odot/Bridge/Dvcu men ts;2021BCR.pdf
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structure. Tigard has carefully designed the project to avoid and minimize impacts to resources to the
maximum extent practicable, as described in section 2.4.5 (Avoidance Measures).
Building the proposed project improvements with the identified avoidance and mitigation measures provides
economic benefits. With the proposed project improvements, a new bridge structure can be constructed
that meets the project's purpose and will help avoid closures of the SW Tigard Street corridor in the future
from flooding or further bridge deterioration This would be an economic benefit for business and commerce
that rely on this corridor. It also creates a more viable and reliable emergency response route for Tualatin
Valley Fire & Rescue (TVF&R) and the Tigard Police Department, which increases the community's
perceived livability, which, in turn, can have positive impacts on the community's economy. Replacing the
existing bridge is also less expensive in the long term versus routine and frequent maintenance and repairs
of the existing bridge structure.
There is a capital construction expenditure by the City of Tigard for the cost of the proposed project
improvements,which may be viewed as a negative by some individuals.
3.1.3. Allow Conflicting Use (No Protection)
The consequence of allowing the conflicting use would be mixed. The consequences for the significant
wetlands and Fanno Creek vegetated corridor areas would be negative.The wetland and vegetated corridor
areas would further deteriorate with portions removed. Since no local protections would be in place, Tigard
would not provide avoidance and mitigation measures. Allowing the use would require USACE and CWS
review and mitigation would also be required due to the ground disturbing activities. Depending on the
implementation of required mitigation strategies, mitgation and/or enhancement to compensate for the
proposed disturbance could likely occur in an unconnected area of the site, which may further diminish the
quality and character of the remaining resource areas. The economic consequences related to allowing the
proposed project improvements would be most beneficial as stated above in section 3.1.2.
3.2 Social Consequences
The following describes the social consequences for each of the three protection scenarios.
3.2.1. Prohibiting Conflicting Use (Full Protection)
The consequences of prohibiting the conflicting use would be mixed. The consequences for the significant
wetlands and Fanno Creek vegetated corridor areas would be positive. The resource areas would not be
removed and would remain in their current state with no new impacts related to the proposed project
improvements. The overall function and value of the resources would be protected. However, the negative
impacts to the fringe areas of the resources closest to SW Tigard Street from existing traffic would continue.
The social consequences related to prohibiting the proposed project improvements would be negative.
Without the proposed improvements, the purpose of the project could not be achieved8. There would be
decreased safety along this segment of SW Tigard Street, with worsening traffic, less safe facilities for
pedestrians and cyclists, and continued impacts from routine flooding that can place the travelling public at
risk. These are all negative effects on the health, safety, and welfare of the general public.
Prohibiting the conflicting use would also have the negative impact of eliminating proposed sidewalks and
bicycle lanes on this segment of SW Tigard Street, which would in turn reduce multi-modal connections to
Dirksen Nature Park and the Fanno Creek Trail and minimize Tigard resident's' access to public parks and
open spaces.
8 The purpose of the project is to replace the functionally obsolete existing bridge with a new bridge wide enough to
accommodate pedestrians and cyclists(on both sides of the roadway)along with vehicles, raise the bridge crossing to
reduce flooding frequency and severity,and improve safety and illumination for the Fanno Creek Trail crossing west of
the bridge.
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3.2.2. Limit Conflicting Use (Limited Protectioj
Limiting the conflicting use to the proposed project improvements and providing the proposed mitigation
and avoidance measures would allow the project to move forward and would generally have positive
consequences. The purpose of the project would be met. While significant wetlands and Fanno Creek
vegetated corridor areas would be impacted, Tigard would avoid the wetlands to the maximum extent
possible and would provide for local mitigation requirements for significant wetland impact areas and
vegetated corridors with an end result of no net loss of resource function and values.
Mitigation and avoidance measures would be used, as stated above in section 3.1.2, to protect the
significant wetlands to the maximum extent practicable. Resource function and values would remain intact.
The social consequences would be beneficial. The proposed project improvements would increase safety
for the travelling public, including for pedestrians and cyclists. Safer facilities for vehicles, pedestrians and
cyclists reduces stress for all users, and increases mobility options along the SW Tigard Street corridor.
This would contribute to the increased community livability in Tigard and surrounding areas, and a higher
quality of life.
An additional positive social consequence will be realized by the addition of sidewalks and bicycle lanes on
this segment of SW Tigard Street, which provides additional multi-modal connections to Dirksen Nature
Park and the Fanno Creek Trail, increasing access to public parks and open spaces through safer
pedestrian and bicycle facilities for Tigard residents.
There would also be a short-term positive social consequence of increased employment through the need
for additional construction and supporting services workers required to construct the proposed project.
Similarly,a short-term negative social consequence would result due to bridge closures during construction
and detour routes, resulting in marginally longer travel times.
3.2.3. Allow Conflicting Use (No Protection)
The consequences of allowing the conflicting use would be mixed. The consequences for the significant
wetlands and Fanno Creek vegetated corridor areas would be negative. Portions of the resource areas
would be removed, and with no local protections in place, Tigard would not provide avoidance and
mitigation measures. Allowing the use would require USACE and CWS review and mitigation as discussed
in section 3 1.3 above. The consequences related to allowing the proposed project improvements would
be most beneficial as stated above in section 3.2.2.
3.3 Environmental Consequences
The following describes the environmental consequences for each of the three protection scenarios.
3.3.1. Prohibiting Conflicting Use (Full Protection)
The consequence of prohibiting the conflicting use would be mixed. The consequences for the significant
wetlands and Fanno Creek vegetated corridor areas would be positive. The resource areas would not be
removed and would remain in their current state with no impacts. The overall function and value of the
resources would be protected.
As identified in section 2.3.3(Significant Wetland and Fanno Creek Vegetated Corridor Area Descriptions),
the delineated wetland portion of the significant wetlands largely offer only moderate habitat quality9,which
is further diminished where the significant wetlands are adjacent to SW Tigard Street. The VC/buffer
portions of the significant wetlands range from degraded to marginal. Prohibiting the proposed project
improvements is not anticipated to significantly improve the function and value of habitat. The current
ongoing negative impacts to the fringe areas of the resources closest to SW Tigard Street from existing
traffic would continue.
9 Higher"for aquatic functions.
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Other environmental consequences would potentially be negative without the proposed project
improvements. As the existing bridge does not provide adequate pedestrian and bicycle facilities, certain
segments of the public may elect to use vehicles when they would have otherwise walked or cycled to
which, over time, can contribute to decreased air quality. Further, prohibiting the proposed project
improvements would not accommodate the purpose of the project.
A positive consequence to air quality would be eliminating dust and particulate matter generated by
construction activity (i.e., earth moving/grading) and the impacts of exhaust and noise from construction
vehicles.
3.3.2. Limit Conflicting Use (Limited Protection)
Limiting the conflicting use to the proposed improvements and providing the proposed mitigation and
avoidance measures would allow the project to move forward and would generally have positive
consequences. The purpose of the project would be achieved. While the significant wetlands and Fanno
Creek vegetated corridor areas would be impacted, Tigard would avoid the resource impacts to the
maximum extent practicable and would provide mitigation for proposed impacts with an end result of no net
loss of resource function and value.
Mitigation and avoidance measures would be used, as described in section 3.1.2, to protect the resource
areas to the maximum extent practicable. Resource function and value would remain intact.
3.3.3. Allow Conflicting Use (No Protection)
The consequence of allowing the conflicting use would be mixed. The consequence for the significant
wetlands and Fanno Creek vegetated corridor areas would be negative. The resources would further
deteriorate with portions removed. Since no local protections would be in place, Tigard would not provide
avoidance and mitigation measures. Benefits to habitat and wildlife related to proposed mitigation would
not be realized. However, allowing use would require USACE and CWS review and mitigation due to the
ground disturbing activities. Depending on the implementation of required mitigation strategies, mitigation
and/or enhancement to compensate for the proposed disturbance could likely occur in an unconnected
area of the site, which may further diminish the quality and character of the remaining resource areas. The
consequences related to allowing the proposed project improvements would be most beneficial as stated
above in section 3.3.2.
3.4 Energy Consequences
The following describes the energy consequences for reach of the three protection scenarios.
3.4.1. Prohibiting Conflicting Use (Full Protection)
The consequence of prohibiting the conflicting use would be mixed. The consequences for the significant
wetlands and Fanno Creek vegetated corridor areas would be positive. The resource areas would not be
removed and would remain in their current state with no new impacts.The overall function and value of the
resource areas would be protected. However, the current ongoing negative impacts to the fringe areas of
the resources closest to SW Tigard Street from existing traffic would continue.
The energy consequence of prohibiting the proposed project improvements is negative. Without the
proposed project improvements, the purpose of the project could not be achievedi0. There would likely be
increased delays and decreased mobility due to closures of the existing bridge structure needed for regular
maintenance and/or flooding. As the existing bridge does not provide adequate pedestrian and bicycle
10 The purpose of the project is to replace the functionally obsolete existing bridge with a new bridge wide enough to
accommodate pedestrians and cyclists(on both sides of the roadway)along with vehicles, raise the bridge crossing to
reduce flooding frequency and severity,and improve safety and illumination for the Fanno Creek Trail crossing west of
the bridge.
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facilities, certain segments of the public may elect to use vehicles when they would have otherwise walked
or cycled for their trip, which, over time, can contribute to increased fuel consumption.
A positive consequence would be the temporary elimination of fuel consumption by construction vehicles
and construction workers travelling to the project area.
3.4.2. Limit Conflicting Use (Limited Protection
Limiting the conflicting use to the proposed project improvements and providing the proposed mitigation
and avoidance measures would allow the project to move forward and would generally have positive
consequences. The purpose of the project, to replace the functionally obsolete existing bridge with a new
bridge wide enough to accommodate pedestrians and cyclists (on both sides of the roadway) along with
vehicles, raise the bridge crossing to reduce flooding frequency and severity, and improve safety and
illumination for the Fanno Creek Trail crossing west of the bridge, would be achieved.While the significant
wetlands and Fanno Creek vegetated corridor areas would be impacted, Tigard would avoid the resource
areas to the maximum extent possible and would provide mitigation with to ensure no net loss of function
and values.
Mitigation and avoidance measures would be used, as described in section 3.1.2, to protect the resource
areas to the maximum extent practicable Resource function and values would remain intact.
Fuel consumption would increase during construction but could potentially be offset by short and long term
benefits. With the proposed project improvements, including adequate pedestrian and bicycle facilities, an
increase in non-vehicle trips could be expected. Further, closures of the bridge for structural maintenance
and flood events, which lengthen vehicle trips due to detours, can be avoided. As a result, the free flow of
traffic could increase resulting in a likely reduction in fuel consumption, vehicle trips, and improved energy
efficiency.
3.4.3. Allow Conflicting Use (No Protection)
The consequences of allowing the conflicting use would be mixed. The consequence for the significant
wetlands and Fanno Creek vegetated corridor areas would be negative. Portions of the resources would
be removed, and with no protections in place, avoidance measures and mitigation measures would not be
used. The consequences related to allowing the proposed project improvements would be most beneficial
as stated above in section 3.4.2.
3.5 Conclusion
The applicant's proposal provides a thorough analysis of the relative trade-offs between the City's natural
resource protection intentions for significant wetlands and Fanno Creek vegetated corridors and the need
to provide safer transportation facilities for residents, commerce, and drivers. The proposed project will
replace the functionally obsolete existing bridge with a new bridge wide enough to accommodate
pedestrians and cyclists (on both sides of the roadway) along with vehicles, raise the bridge crossing to
reduce flooding frequency and severity, and improve safety and illumination for the Fanno Creek Trail
crossing west of the bridge.The project helps the City of Tigard meet its capital improvement goals and will
provide safe and efficient transportation infrastructure for residents of Tigard.
Prohibiting the conflicting uses within the project's impact area would preserve the existing significant
wetlands and Fanno Creek vegetated corridor areas but would not advance a critically needed
transportation project that will provide increased safety for a variety of transportation modes. This would
result in multiple negative consequences as follows:
• Continued delays related to the bridge's closure from routine structural maintenance and upkeep
of the existing bridge structure and flood events, resulting in increased energy and fuel usage.
• Lack of adequate and safe facilities for pedestrian and cyclists that result in certain segments of
the population choosing to drive when they would have otherwise used an alternative transportation
method, resulting in no reduction in vehicle trips.
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• No positive economic growth benefit from new construction jobs and an increased demand for
supporting services related to the project's construction.
• Increasingly dangerous conditions resulting from the bridge's continued structural deterioration.
• Increased emergency response times due to limited passage stemming from bridge closures for
additional emergency repairs.
Limiting the conflicting use to the proposed project improvements and providing the proposed mitigation
measures would allow the project to move forward. While the significant wetlands and Fanno Creek
vegetated corridor areas would be impacted,Tigard would avoid the resource areas to the maximum extent
possible and would provide mitigation for impacts with an end result of no net loss of resource area function
and values. Limiting the conflicting use and allowing the project to move forward with mitigation as proposed
would allow Tigard to construct a critically needed transportation project that will provide increased safety
for a variety of transportation modes and complete the following actions:
• Remove small portions of the significant wetlands that are a part of larger wetland complexes, with
reduced function and value, and a degraded condition due to past and ongoing disturbance from
roadway operations.
• Increase safety by providing a new bridge structure that is less susceptible to flooding events and
provides adequate and safe facilities for pedestrians and cyclists.
• Reduce the number of potential delays resulting from closures for necessary bridge maintenance
and flood events,with related positive economic impacts to drivers and businesses that rely on this
segment of SW Tigard Street
• Generate positive economic activity from new construction jobs and an increased demand for
supporting services related to the project's construction.
• Improve quality of life, health, safety, and welfare due to increased safety for multiple transportation
modes while also creating a more reliable emergency response route for TVF&R and the Tigard
Police Department.
• Increase mobility within Tigard and provide modern infrastructure that improves livability and quality
of life within the community.
• Decrease energy use to due to lower fuel consumption as a result of decreased closures of the
bridge due to flood events and necessary maintenance.
Allowing the conflicting uses with no protection would allow Tigard to construct the project,with the results
listed above, but would have the greatest impact to the resource areas since no avoidance or mitigation
measures would be provided.
3.6 Recommended Decision
This analysis concludes that limiting the conflicting use to the proposed project would result in the most
positive consequences of the three decision scenarios.A decision to limit the conflicting use will avoid many
of the negative consequences attributed to either allowing or prohibiting the conflicting use. Tigard's project
design to avoid and minimize impacts to resource areas, including significant wetlands and Fanno Creek
vegetated corridor areas,to the greatest extent possible, together with proposed mitigation, enhancement,
and BMPs used during construction, while also providing additional surplus mitigation and public benefit
planting areas, provides a public benefit that would significantly offset the amount of proposed resource
impacts, while contributing to increased public safety, health and welfare.
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