HomeMy WebLinkAboutUFR2023-00007 Decision FINAL NOTICE OF TYPE I DECISION
URBAN FORESTRY REVIEW UFR2023-00007 AND
SENSITIVE LANDS REVIEW SLR2024-00001
MODIFICATION OF URBAN FORESTRY PLAN FOR =T I GARD
RIVER TERRACE TOWN CENTER
120 DAYS = April 18, 2024
SECTION I. APPLICATION SUMMARY
FILE NAME: River Terrace Town Center
CASE NO.: Urban Forestry Review(UFR) UFR2023-00007
Sensitive Lands Review(SLR) SLR2024-00001
PROPOSAL: The applicant proposes to modify the Urban Forestry Plan approved under the
River Terrace Town Center Planned Development (Case No. PDR2021-
00004/SUB2021-00006/SLR2021-00011). The applicant requests approval of a
minor modification to update the previously approved Urban Forestry Plan to
reflect as-built conditions,including:
• Removal of an additional 29 trees to accommodate final trail alignment through
the community park
• An overall reduction of 32 planted trees, including street, parking lot, and
development trees
• Reflect additional tree canopy included in the final design of the community park
and the park east of SW River Terrace Boulevard
• Reflect modifications to the swim center parking lot and associated parking lot
tree canopy
The applicant also requests approval of a sensitive lands review for removal of the
trees located along the trail in the community park within the steep slopes area.
APPLICANT: Maureen Jackson;Pacific Community Design,Inc.
12564 SW Main Street
Tigard, OR 97223
OWNER: Chris Walther;The New Home Company
15445 Greenbrier Parkway,Suite 240
Beaverton, OR 97006
LOCATIONS: East of SW Roy Rogers Road and north of SW Roshak Road
BASE ZONE: RES-B, RES-C and RES-E (R-4.5, R-7 and R-25 respectively at the time of
original approval) and C-C
UFR2023-00007/SLR2024-00001 River Terrace Town Center—Urban Forestry Plan Modification 1
APPLICABLE
REVIEW
CRITERIA: Community Development Code (CDC) Chapter 18.420.060.E
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request.The findings and conclusions on which the decision is based are noted in
Section IV.
SECTION III. BACKGROUND INFORMATION
Site Information:
The Planned Development and Subdivision for River Terrace Town Center was originally approved by
the City of Tigard on January 31, 2022 (PDR2021-00004/SUB2021-00006/SLR2021-00011/TUP2021-
00018-23).The overall River Terrace Town Center development site is zoned RES-B,RES-C,and RES-
E (R-4.5, R-7 and R-25 respectively at the time of original approval) and C-C. The trees affected by this
modification are located throughout the development site. The site includes steep slopes, a drainageway,
and jurisdictional wetlands with associated vegetated corridors.A Development Agreement was executed
in October 2023 that detailed the design and construction of improvements for the River Terrace
Community Park. The applicant is requesting this Urban Forestry Plan modification to reflect as-built
conditions,in particular those related to the community park and swim center.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.420.060.F. Urban forestry plan modification. Except as exempted in Paragraph 18.420.060.F.1,
an application to modify the urban forestry plan component of a land use approval is processed
through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in
Paragraph 18.420.060.F.2.
2. Approval criteria. The approval authority will approve or approve with conditions the
modification to the urban forestry plan component of a land use approval when all of the
following are met:
a. The project arborist or landscape architect has provided a report and statement
certifying that the previously approved urban forestry plan did not account for the
circumstances that led to the proposed modification;
FINDING: The project arborist has provided a revised report and statement certifying that the
previously approved urban forestry plan did not account for the circumstances that led to the proposed
modification. The report also addresses the circumstances leading to the modification.
Between land use approval and construction, the swim center parking lot design and utility and driveway
locations were further refined during the Public Facilities Improvement (PFI) permit process. The final
design of the Community Park, including the trail alignment, was approved through a Development
Agreement. These circumstances were not accounted for and could not have been known during
development of the approved urban forestry plan.
UFR2023-00007/SLR2024-00001 River Terrace Town Center—Urban Forestry Plan Modification 2
This criterion is met.
b. The project arborist or landscape architect has provided a report and statement
certifying that there is no practicable alternative to the proposed modification; and
FINDING: The project arborist has provided a revised report and statement certifying that there is
no practicable alternative to the proposed modification. This criterion is met.
c. The project arborist or landscape architect demonstrates compliance with Subsection
18.420.060.B through a modified urban forestry plan.
FINDING: The project arborist submitted a revised Urban Forestry Plan and supplemental report
that demonstrates compliance with CDC 18.420.060.B.
In the RES-B and RES-C (previously R-4.5 and R-7) zone districts,effective tree canopy cover is required
to be calculated on a lot-by-lot basis and for the overall development site.A minimum of 15 percent tree
canopy cover is required for each lot designated for single detached house development and 40 percent
for the overall development site.The modified Effective Tree Canopy Cover Summary for R-4.5 and R-
7 Zoning Districts provided by the applicant (Attachment D of the revised Urban Forestry Plan)
demonstrates that each lot exceeds the 15 percent required tree canopy cover and 66 percent canopy will
be provided for the overall development site in the R-4.5 and R-7 zone districts. The tree canopy
requirement for the overall development site zoned RES-B and RES-C will continue to be satisfied.
There is no per-lot or per-tract requirement for tree canopy in the RES-E (previously R-25) and C-C
zone districts. A minimum of 33 percent tree canopy is required for the overall development site. The
modified Effective Tree Canopy Cover Summary for R-25 and C-C Zoning Districts provided by the
applicant (Attachment E of the revised Urban Forestry Plan) demonstrates that 76 percent canopy will
be provided for the overall development site in the RES-E and C-C zone districts. The tree canopy
requirement for the overall development site zoned RES-E and C-C will continue to be satisfied.
An additional 35 trees beyond street and parking lot trees are proposed to satisfy the minimum 15 percent
tree canopy per lot standard specific to rowhouse development in the RES-E and C-C zones. There are
50 lots proposed for rowhouse development: Lots 3-23 and 105-133. As demonstrated in the Effective
Tree Canopy Cover Summary for R-25 and C-C Zoning Districts, each rowhouse lot has at least 15
percent tree canopy cover.
The approved Urban Forestry Plan included 11,522 linear feet of street frontage which,when divided by
40 feet,required 288 street trees.The street frontage has since been reduced to 10,511 feet,thus only 263
street trees are now required (10,511 linear feet divided by 40 feet).The modified Planted Tree Inventory
provided by the applicant (Attachment C of the revised Urban Forestry Plan) includes 322 street trees.
The street tree requirement will continue to be satisfied.
A minimum effective tree canopy cover of 30 percent is required for all parking areas. There are five
parking lots located across the development site.The Parking Lot Canopy Plan provided by the applicant
(Attachment G of the revised Urban Forestry Plan) and Planted Tree Inventory (Attachment C of the
revised Urban Forestry Plan) demonstrate that the 191 parking lot trees proposed with this modification
will provide 32— 56 percent effective tree canopy cover directly above each parking lot. The parking lot
tree canopy cover requirement will continue to be satisfied.
All applicable tree canopy standards from Subsection 18.420.060.B continue to be met, therefore this
UFR2023-00007/SLR2024-00001 River Terrace Town Center—Urban Forestry Plan Modification 3
criterion is met.
18.510 Sensitive Lands
18.510.020 Applicability
E. Administrative sensitive lands review.
1. Administrative sensitive lands reviews within the special flood hazard area
(excluding the floodway), drainageway, slopes that are 25 percent or greater, and
unstable ground are processed through a Type I procedure, as provided in
Section 18.710.050, for the following actions:
c. Actions within drainageways and slopes that are 25 percent or greater,
and unstable ground:
i. Minimal ground disturbances or landform alterations involving 10 to
50 cubic yards of material; and
2. The approval authority will approve, approve with conditions, or deny a sensitive
land review application using the standards and approval criteria
Sections 18.510.040, 18.510.050, 18.510.070 and 18.510.080.
The proposed tree removal within the steep slopes area will result in minimal ground disturbance
involving 10 to 50 cubic yards of material. Therefore, this Sensitive Lands review is processed through a
Type I procedure.
18.510.070 Sensitive Lands Applications
C. With steep slopes.The approval authority will approve or approve with conditions an
application for a sensitive lands review on slopes of 25 percent or greater or unstable
ground when all of the following criteria are met:
1. Compliance with all of the applicable requirements of this title;
These criteria were met by the originally approved project,and will continue to be met with the approval
of this modification, as demonstrated in the findings below.
2. The extent and nature of the proposed land form alteration or development will
not create site disturbances to an extent greater than that required for the use;
The proposed modification is required to reconcile the approved Urban Forestry Plan with as-built
conditions. Disturbance of steep slopes is limited to the area needed to construct a multi-modal ADA
trail through the River Terrace Community Park. The trail design and construction was reviewed and
approved though the PFI permit process and Development Agreement.
The Steep Slopes Exhibit included in the application materials (Exhibit A) identifies the areas of the
project site that are within the City's mapped sensitive lands. The proposed tree removal will not create
site disturbances to an extent greater than that required for the purpose of constructing the approved
trail. This criterion is met.
1. The proposed land form alteration or development will not result in erosion,
stream sedimentation, ground instability, or other adverse on-site and off-site
effects or hazards to life or property;
The applicant states that tree stumps will remain in the ground where feasible and the area of disturbance
will be revegetated in accordance with Clean Water Services standards to minimize the risk of erosion
and ground instability. Therefore, the proposed tree removal will result in minimal ground disturbance
UFR2023-00007/SLR2024-00001 River Terrace Town Center—Urban Forestry Plan Modification 4
and will not result in stream sedimentation or other adverse on-site and off-site effects or hazards to life
or property. This criterion is met.
2. The structures are appropriately sited and designed to ensure structural stability
and proper drainage of foundation and crawl space areas for development with
any of the following soil conditions: wet or high water table; high shrink-swell
capability; compressible or organic; and shallow depth-to-bedrock; and
The trail has been appropriately sited and designed to ensure structural stability as reviewed and approved
through the PFI permit process and Development Agreement. This criterion is met.
3. Where natural vegetation has been removed due to land form alteration or
development, the areas not covered by structures or impervious surfaces will be
replanted to prevent erosion in compliance with CWS "Design and Construction
Standards".
The applicant has stated in the narrative that areas where natural vegetation has been removed that are
not covered by structures or impervious surfaces will be replanted to prevent erosion in compliance
with CWS "Design and Construction Standards".This criterion is met.
FINDING: As demonstrated in the analysis above, the proposed modification to the Urban
Forestry Plan Component of the approved River Terrace Town Center Planned
Development and Subdivision meets all applicable sensitive lands criteria.
CONCLUSION: As demonstrated in the analysis above, the proposed modification to the Urban
Forestry Plan Component of the approved River Terrace Town Center Planned
Development and Subdivision meets all applicable approval criteria.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
Final Decision:
A Modification to the Urban Forestry Plan Component of a Land Use Approval is a Type I Procedure.
As such, this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the
applicant,whichever occurs first. This decision is not appealable locally, and is the final decision of the
City.
THIS DECISION IS FINAL ON JANUARY 30, 2024,
AND BECOMES EFFECTIVE ON JANUARY 31, 2024.
_J
Questions:
UFR2023-00007/SLR2024-00001 River Terrace Town Center—Urban Forestry Plan Modification 5
If you have any questions,please contact Jenny McGinnis,Associate Planner, at (503) 718-2427 or
Jenny.McGinnisa,tigard-or.gov.
January anua 30,2024
APPROVED BY: Jen McGinnis
Associate Planner
UFR2023-00007/SLR2024-00001 River Terrace Town Center—Urban Forestry Plan Modification 6