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Hearings Officer Packet - 07/25/19946 6 CITY OF TIGARD HEANGS OFFICER JULY , 1994 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 SENSITIVE LANDS REVIEW SLR 94-0001 USA/MCDONALD LOCATION: Commencing at 9075 SW Edgewood Street (WCTM 2S1 2DC, tax lot 1500) aligned through properties within a drainage creek area crossing SW Hall Boulevard and ending at 13560 SW Hall Boulevard (WCTM 2S1 2DD, tax lot 200) which abuts Fanno Creek. The Unified Sewerage Agency has proposed to build a sewer trunk line from SW McDonald Street to Fanno Creek. The trunk line would replace the last sewage pump station in Tigard located along SW McDonald Street. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.164. ZONE: R-4.5 (Residential, 4.5 units/acre). The R- 4.5 zoning district allows urban low density residential development and R-12 (Residential, 12 units/acre). The R-12 zoning district allows medium density residential developments. 2.2 SENSITIVE LANDS REVIEW SLR 94-0002 ASH AVENUE PEDESTRIAN BRIDGE LOCATION: South of the right-of-way for the SW Ash Avenue crossing of Fanno Creek and west of SW Burnham Street (WCTM 2S1 2DB, tax lot 300). A request for Sensitive Lands Review approval to allow the construction of a pedestrian bridge over Fanno Creek. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.84. ZONES: CBD (Central Business District) and R-12 (PD) (Residential, 12 units/acre, Planned Development). The Central Business District zone allows public administrative agencies, community recreation, cultural exhibits and library services, parking facilities, public safety services, religious assemblies, and a variety of commercial and service activities among other uses. The R-12 zone allows single-family attach edldetached residential units, multiple-family residential units, community recreation, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupations, and accessory structures among other uses. 3. OTHER BUSINESS 4. ADJOURNMENT HEARINGS OFFICER - 7/25/94 - PAGE 2 0 0 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 664-0360 00" 1141 BEAVERTON, OREGON 97075 E C E I V t~ OtI Legal Notice Advertising JUL 181994 City of Tigard • ❑ Tearsheet Notice CITY OF TIGARD'. 1 3125 SW Hall Blvd. • ❑ Duplicate Affidavit Tigard,Oregon 97223 • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )Ss. I Kathv Snvder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ticrard-Tualatin Tj a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at '_i9aXd in the aforesaid county and state; that the HearincLsjS-LP 4a-00ol 11SA/Mdlnnalri a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: Julv 14.1994 ..r~vtA U~ Subscribed and sworn t fore me this Gam. Notary Py~~ic for Oregon My Commission Expires: CCJJ AFFIDAVIT The following will be considered by the Tigard Hearings Officer on Mon- day, July 25, 1994. at 7:00 P.M, at Tigard Civic Center - Town Hall, 13125 S.W. Hall Blvd., Tigard, Oregon. Both public oral and written tes- timony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 S.W. Hall Blvd., Tigard, OR 97223, or by calling 639-4171. PUBLIC HEARINGS SENSITIVE LANDS REVIEW SLR 94-0001 USA/MCDONALD LOCATION: Commencing at 9075 S.W. Edgewood Street (WCTM 2S I 2DC, tax lot 1500) aligned through properties within a drainage creek area crossing S.W. Hall Boulevard and ending at 13560 S.W. Hall Boulevard (WCTM 2S 12DD, tax lot 200) which abuts Fanno Creek. The Unified Sewerage Agency has proposed to build a sewer trunk line from S.W. McDonald Street to Fanno Creek. The trunk line would replace the last sewage pump station in Tigard located along S.W. McDonald Street. AP- PLICABLE REVIEW CRITERIA: Community Development Code Chap- ters 18.84 and 18.164. ZONE: R-4.5 (Residential, 4.5 units/acre). The R-4.5 zoning district allows urban low density residential development and R-12 (Residential, 12 units/acre). The R-12 zoning district allows medium density residential developments. SENSITIVE LANDS REVIEW SLR 94-0002 ASH AVENUE PEDESTRIAN BRIDGE LOCATION: South of the right-of-way for the S.W. Ash Avenue crossing of Fanno Creek and west of S.W. Burnham Street (WCTM 2S 12DB, tax lot 300). A request for Sensitive Lands Review approval to allow the con- struction of a pedestrian bridge over Fanno Creek. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.84. ZONE: CBD (Central Business District). The Central Business District zone allows public administrative agencies, cultural exhibits and library services, parking facilities, public safety services, religious assemblies, and a variety of commercial and service activities among other uses. M941- Publish July 14, 1994. T I* R D H E A R I N G S O F F I C E R NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT) c, AGENDA ITEM: ~ , I CASE NUMBER(S): SL 9 ! q'-' 000 OWNER/APPLICANT : C 5o.,v.e,, j ✓c& ,k L6,-, LOCATION:? ! 0-7 S s[ Vv C -2~ ~ a NP6 NUMBER: U DATE OF HEARING: L Z PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE OUR Z~P CODE FAVOR OPPOSE Name Name Address W~Ic`~ecQa I Address Name Name Address I Address Name Name Address I Address Name Name Address Address Name Name Address Address Name Name Address I Address Name Name Address I Address Name Name Address I Address Name Name Address Address T IOA R D H E A R I N G S O F F I C E R NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT) AGENDA ITEM: 2 ~nCASE NUMBER(S) : 3Lr, qq-00 0 `2--- OWNER/APPLICANT: Ik~CJ 0 LOCATION: S -^~YIJV~-~ ('L U~(t ~L~JI aWl~ `AFPA-11CJM M: DATE OF HEARING: J-, PLEASE PRINT YOUR NAME, ADDRESS. AND INCLUDE YOUR ZIP CODE FAVOR OPPOSE Name ► r/N E Name 10 Address 17355 uj 9 6v"5e-'- pl-vaoi _ Address Name Name Address Address Name Name Address I Address Name Name Address I Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address I Address Name I Name Address ] Address AGENDA ITEM 7- - 1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the Unified STAFF REPORT Sewerage Agency and the City of Tigard SLR 94-0001 for work within drainage and wetlands areas and a portion of the 100-year floodplain. 1. SUMMARY OF THE REQUEST CASE: Sensitive Lands Review SLR 94-0001 SUMMARY: A request for a Sensitive Lands Review approval to construct a sewage trunk line from SW McDonald Street through the rear yard and side yard of developed residential properties, crossing SW Hall Boulevard and connecting with an existing sewer trunk line in Fanno Creek. APPLICANTS: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Unified Sewerage Agency 155 N. First Avenue Suite 270 Hillsboro, OR 97124 OWNERS: List available upon request COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential Medium Density Residential ZONING DESIGNATIONS: R-4.5 (Residential 4.5 units per acre) R-12 (Residential 12 units per acre) LOCATION: Beginning at 9015 SW McDonald Street and ending 13560 SW Hall Boulevard which abuts Fanno Creek. This area is north of SW McDonald Street, south and east of Edgewood Street crossing SW Hall Boulevard and into Fanno Creek. APPLICABLE LAW: Community Development Code Chapters 18.84 and 18.150. Comprehensive Plan Policies 2.1.1, 3.1.1, 3.2.1, 3.2.2, 3.5.4 and 4.2.1. 0 0 STAFF RECOMMENDATION: Approval subject to conditions. II. SITE AND VICINITY INFORMATION A. Backeround Information: The general area in which the sewer line is proposed to be extended is within portions of the Edgewood Subdivision. The sewer line would also abut portions of the Filbert Park Subdivision. The alignment which was selected is within an area designated as a natural Greenway Area within the Park and Open Space Master Plan. The Greenway system is planned to contain bicycle and pedestrian trails to allow public recreational use. To date, dedication of these areas for Open Space has not taken place. The sewer trunk line has been proposed in order to discontinue use of the last remaining sewer pump station in Tigard. B. Site Information and Pronosal Description: The project proposes construction of approximately 2,717 lineal feet of eight inch plastic sewer line. The project also proposes to install 17 sewer manholes. Upon completion, the Unified Sewerage Agency will restore ground elevations to their natural contours and reestablish and/or enhance naturally occurring plant species. The alignment of the sewer has been designed to avoid larger trees, ponds, sloping areas and to preserve large dead trees where possible due to their value as nesting sites. The entire length of this drainage area flows through private lots. The proposed sewer trunk line is within the rear and side yard of 14 developed single family residential properties. The proposed sewer line location is natural drainage area which contains deciduous and coniferous trees. A stream, ponds and emergent marsh areas exist over much of the proposed sewer line alignment. The majority of the stream is channelized and does not contain marsh or wetlands areas. Portions of the stream towards SW McDonald Street have retained natural vegetation. Much of the natural vegetation in this area has been removed or replaced with ornamental species. Drainage ditches and open meadows predominate the sewer line alignment east of SW Hall Boulevard. The presence of various bird and small animal species were confirmed in the vicinity through a wildlife survey of the area. The Unified Sewerage Agency has also received required permits from the Army Corps of Engineers which are contingent upon completion of permits required by the HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 2 0 0 State of Oregon. The Unified Sewerage Agency is also in the process of obtaining permits from the Division of State Lands. These agencies also review impacts to natural resources and may require measures to minimize environmental impacts. C. Vicinitv Information: The affected properties are developed with single family residences. This area is designated as a future Greenway Area within the City's Comprehensive Plan. The area is presently a drainage area located within a portion of the rear and side yards of properties developed primarily with single family residences. III. APPLICABLE APPROVAL STANDARDS AND REQUEST EVALUATION A. COMMUNITY DEVELOPMENT CODE: Use Classification: Section 18.84.415(B) allows underground utilities as a permitted use within areas defined as a sensitive lands area subject to approval of a Sensitive Lands Permit by the City of Tigard and permit approval by the Division of State Lands, the Army Corps of Engineers and the Unified Sewerage Agency. Applicable Approval Standards: Section 18.84.040(A)(C) sets forth the applicable approval standards for a sensitive land review involving areas within the 100-year flood plain and drainage ways. Section 18.84.040(A) provides the following criteria for development within the 100-year flood plain: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodplain boundary. The proposed design of the project will restore the ground elevations within the 100-year flood plain to the current elevation contours upon completion. The applicant does not propose any net fill within the 100-year flood plain. The drainage basin framework of necessity follows drainage features such as floodplains to allow for sewer gravity flow. 2. Land form alterations within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the Comprehensive Plan Land Use Map, except that alterations or developments associated with community recreation uses, utilities or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 3 0 0 areas designated residential subject to applicable zoning standards. Preconstruction ground contours will be reestablished upon completion of work. No buildings or impervious surfaces are proposed to be constructed. 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood. The applicant proposes to restore contour elevations upon completion of the sewer line. Manholes within the 100-year floodplain will be installed flush so that no increase in water surface elevation will occur within the 100-year flood plain. 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing's Officer as untimely. Although this area is designated within a portion of the City's Park and Open Space as a Greenway Area to be developed in the future with a bicycle and pedestrian pathway route the exact path alignment in this area has not been determined. This area is presently private property and not dedicated for Open Space use. The Unified Sewerage Agency is negotiating a temporary 60 foot construction easement and a permanent 15 foot utility easement. Development of a trail in this area by the City of Tigard is not eminently contemplated. The proposed utility structure does not preclude the ability of the City to develop a trail through this area at a later date. By design the permanent utility easement will utilize low lying portions of this drainage area which may not be suitable for construction of a permanent bicycle and pedestrian pathway. 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of the average annual flood. A bicycle or pedestrian pathway is not proposed to be constructed as a part of this project. 6. The necessary U.S. Army Carps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. USA has obtained a nationwide permit from the Corps of Engineers for this project. The applicant has also applied for project permits through the Division of State Lands. 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 4 0 0 of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian and bicycle pathway plan. This utility project involves land form alterations but not new development. The Unified Sewerage Agency is not the owner in fee of the affected properties. For this reason the applicant does not have the ability to dedicate areas within and adjacent to the 100-year floodplain to the City. Should the City pursue design and construction of a pathway at a later date, right-of-way issues will be addressed. Section 18.84.040(C) provides the following criteria for issuance of a sensitive lands permit for areas within a drainageway based upon compliance with the following criteria: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use. The applicant conducted Wetlands and Wildlife Habitat Evaluations. Both studies concluded that with appropriate erosion control and landscape replacement measures that no long term environmental impacts would result due to this project. Ground contour levels will be restored to their existing elevation upon completion of work. The pipe alignment is designed to avoid large trees and wildlife habitat areas to the extent feasible. A landscape plan has been provided which replaces existing vegetation which presently includes various ornamental species with native plant species. 2. 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. Construction work would take place during summer months to minimize erosion, stream sedimentation and ground instability. Construction of temporary clay dams along the pipeline will be constructed to ensure the project will not drain the existing wetland. The Unfified Sewerage Agency will monitor erosion control methods with the contractor. No fill of soil is proposed in conjunction with this project. 3. The water flow capacity of the drainageway is not decreased. The applicant states that the installation of an underground sewer line will not decrease the waterflow capacity of this drainageway. HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 5 0 0 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or imprevious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. The applicant and constructor of this project, the Unified Sewerage Agency, has responsibility for implementing the Department of Environmental Quality's erosion control rules for the Tualatin Basin and is committed to ensuring that appropriate erosion control measures are implemented during the construction of utility projects. During construction of the sewer line soils excavated for the installation of the sewer trunk will be stockpiled and natural contours will be restored using the native soils. A landscape plan will then be implemented to ensure long term soil stability. 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. This criteria is not applicable because the applicant has not proposed to replace the drainage function of the drainageway with artificial drainage structures. The applicant has proposed to construct an underground sewer trunk line which has been designed not to change the drainage function of this area. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approval shall be obtained. Permit issues are addressed previously within this report. 7. Where landform alterations and/or development within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian and bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The pathway issue is addressed previously within this report. The proposed sewer line also proposes to impact wetlands areas. Section 18.84.015(C) provides the following criteria for issuance of a sensitive lands permit within a wetlands area: Landform alterations or developments within wetlands areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, Unified Sewerage Agency, and/or other HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 6 0 0 federal, state, or regional agencies do not require a sensitive lands permit. All other applicable City requirements must be satisfied, including sensitive land permits for areas meeting non-wetland sensitive land criteria. All requisite permitting is underway or completed with both the Division of State Lands and the U.S. Army Corps of Engineers. Other City review requirements for potential environmental impacts to areas of this project within the 100-year floodplain and drainageways are addressed within this report. Tree Removal Section 18.150 contains standards for obtaining a required permit for removal of trees on site which have a trunk six inches or more in diameter measured four feet above the ground. The site plan indicates that several mature trees are proposed to be removed. Because this project is within an area developed with single family homes of less than three acres each, the Development Code exempt these properties from tree removal permit requirements. The property located at 13560 SW Hall Boulevard exceeds three acres. Condition of Approval #2 requires that prior to removal of trees on this parcel that the applicant will obtain tree removal permits. The proposed design of the project, sensitive construction techniques, landscape replacement, and enhancement plan will preserve trees where possible. The project design would replace trees with native species which will enhance or reestablish native habitat in the area. B. COMPREHENSIVE PLAN POLICIES: 1. Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. The Unified Sewerage Agency has conducted two neighborhood meetings concerning this request. Notice has also been provided of the public hearing. 2. Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a speck site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map). The applicant has not proposed development on removal of wetlands areas. The applicant has proposed an underground utility structure and restore areas to their existing contour elevations. HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 7 3. Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. The applicant has not proposed to increase the net fill within the 100-year floodplain. All contour elevations will be restored to existing levels upon completion. 4. Policy 3.2.2 provides that the City will prohibit land form alterations in the floodway except alterations may be allowed which would preserve or enhance the function of the zero-foot rise floodway. The applicant has not proposed to increase the net fill within the floodway. All contour elevations will be restored to existing levels upon completion. 5. Policy 3.5.4 provides that the City will provide an interconnected pedestrian/ bikepath throughout the City. The Unified Sewerage Agency has proposed only to construct a utility structure in this area and would not be the owner in fee of the affected properties. Upon completion a utility easement would be in place for the structure. At a later date the City may pursue design and construction of a pathway in this area. 6. Policy 4.2.1 provides that the City will ensure that all development within the Tigard Urban Planning Area shall comply with applicable Federal, State and Regional Water Quality standards. The Unified Sewerage Aegnecy has provided an ersoion control plan designed to comply with all applicable requirements for water quality preservation. IV. AGENCY COMMENTS The Engineering Department, the Building Department, the Water Department, Tualatin Valley Fire and Rescue, and the Oregon Department of Transportation have reviewed this proposal. The following agencies have provided comments and recommendations. The Engineering Department reviewed this application and provided the following comments: The proposed sewer alignment follows a natural creek which is tributary to Fanno Creek and crosses diagonally along the rear yards of private property between McDonald Street and Hall Boulevard, over to Fanno Creek. HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 8 0 9 The applicant's submittal adequately shows that the requirements of the Sensitive Lands section of the CDC (Sect. 18.84.040) have been satisfied, with the exception of acquiring the DSL and ODOT PERMITS. Specifically, the Engineering Department concurs with proposed project and agrees that the applicant has complied with the code requirements such that the project as proposed will "preserve the floodplain storage function and maintenance of the zero- foot floodway" and "not result in any narrowing of the floodway boundary". The Oregon Department of Transportation reviewed this application and stated that a permit is required for all work within the right-of-way. No additional comments have been received. V. CONCLUSION AND RECOMMENDATION Staff concludes that the proposed impacts to Sensitive Lands Areas comply with the applicable approval criteria for issuance of a Sensitive Lands Permit. Staff recommends that SLR 94-0001 be approved subject to the following conditions: Recommendations: PRIOR TO THE CONSTRUCTION OF THE SEWER THE FOLLOWING CONDITIONS SHALL BE SATISFIED : 1. The contractor shall provide copies of all required Division of State Lands and Army Corps of Engineers permits to the City Planning Division prior to construction. STAFF CONTACT: Mark Roberts, Planning Division. 2. The contractor shall provide a traffic control plan for approval by the City Engineer prior to construction that details location of the parking of construction vehicles and any proposed street closures during construction. STAFF CONTACT: Michael Anderson, Engineering Department. 3. Tree removal permits shall be obtained prior to removal of trees located at 13560 SW Hall Boulevard which abuts Fanno Creek. STAFF CONTACT: Mark Roberts, Assistant Planner. UPON COMPLETION OF CONSTRUCTION: HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 9 3. Tree removal permits shall be obtained prior to removal of trees located at 13560 SW Hall Boulevard which abuts Fanno Creek. STAFF CONTACT: Mark Roberts, Assistant Planner. UPON COMPLETION OF CONSTRUCTION: 1. Provide an AS-BUILT certification and the AS-BUILT duplicate drawings on mylar of the completed construction to the Engineering Department. STAFF CONTACT: Michael Anderson, Engineering Department. THIS APPROVAL IS VALID IF IMPLEMENTED WITHIN 18 MONTHS OF THE DATE THE DECISION BECOMES FINAL. Prepared by: Mark Roberts Assistant Planner Approved by: B- Senior P ! Date 7/,/? ~ r Date HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 10 0- -0, - Y{ ~ VICI~~TY EXH~B~T MAp ~I i 1 CL.~ U-1 . i WON 'I = I y _J SENSITIVE LAID #94-0001 K • 1` 1603 ,606 1602 __,_§.W. EDGEWOOD S-'BEET 1600 902 1501 " - r 130 969 1401 3 i A 1600 1402 i" oil 910 BI 1500 2500 ~ - , i - s 2400 "D' 1902 5309 S.W. MCDOf ALE) STREET scale [U 0 200' LEGEND - - - - Weld Bou nr dS Line Lot Lines Open Space overtay • t I LOW DENSITY 'j MEDIUM DENSITY_ 200 Imo i 94040 -77 1 1100 i i - i __cm i . I I I i I I 909 z Co J J Q { i { t t 1 ~ I C6 W V Z z dz a r~ V F- LL of V PLOT PLAN EXHIBIT MAP CASE NO. SENSITIVE LANDS REVIEW #94-000I 0 0 EXHIBITS SUBMITTED TO THE HEARINGS OFFICER TO SUPPORT SLR 94-0001 ARE LOCATED IN THE ORIGINAL FILE. • • AGENDA ITEM 7-•~Z- BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the City of Tigard STAFF REPORT and Graymor Development to construct a pedestrian SLR 94-0002 bridge over Fanno Creek. This development is within the 100-year floodplain, drainageway and a wetland area. 1. SUMMARY OF THE REQUEST CASE: Sensitive Lands Review SLR 94-0002 SUMMARY: APPLICANTS OWNER: A request for Sensitive Lands Review to construct a Pedestrian Bridge over Fanno Creek, within the 100-year floodplain, drainageway and a wetland area. The bridge is located along SW Ash Avenue right-of-way and will connect with a bicycle path system within Fanno Creek Park. City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Graymor Development 9895 SE Sunnyside Road, Suite P Clackamas, OR 97015 COMPREHENSIVE PLAN DESIGNATION: CBD (Central Business District) ZONING DESIGNATION: R 12(PD), (Residential, 12 units per acre, Planned Development Overlay), CBD (Central Business District). LOCATION: (WCTM 2S1 02BD, tax lot 300). West of SW Burnham Street, east of SW Mill Street and south of SW Ash Avenue right-of-way. APPLICABLE LAW: Community Development Code Chapter 18.84. Comprehensive Plan Policies 2.1.1, 3.1.1, 3.2.1, 3.2.2, 3.5.4. 0 9 STAFF RECOMMENDATION: Approval subject to conditions. II. SITE AND VICINITY INFORMATION A. Background Information: No other development applications have been filed with the City of Tigard. B. Site Information and Proposal Description: The bridge is proposed to cross Fanno Creek. The property is undeveloped and is traversed by foot trails. Surface topography is relatively flat except for the steep creek banks approximately 8 feet high on each side of the creek. Vegetation consists primarily of high grasses and blackberries with a few small trees. The property contains wetland areas. The proposal is for the contruction of a 48 foot span pedestrian bridge to cross Fanno Creek. The bridge is located on the north edge of the property adjacent to the SW Ash Avenue right-of-way. The bridge will connect with a pedestrian path to the north which was constructed with the Main Street Apartment complex. The bridge will connect with a pedestrian path on the west bank which is presently under construction and will connect with the Tigard City Hall and Tigard Library. The bridge is proposed to be constructed within the 100-year floodplain, within a wetland area and along the drainageway of Fanno Creek. C. Vicinitv Information: The adjacent properties to the north, west and east are zoned CBD. Properties to the south are zoned for R-12 (Residential, 12 units per acre). The surrounding area is developed with a mix of residential and commercial uses. III. APPLICABLE APPROVAL STANDARDS AND REQUEST EVALUATION A. COMMUNITY DEVELOPMENT CODE: Use Classification: Section 18.84.015(A) allows community recreation uses such as bicycle and pedestrian pathways and parks in areas subject to Sensitive Lands Review. Section 18.84.020(D) requires Hearings Officer approval for a Sensitive Lands Permit within the 100-year floodplain. HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page2 • • Chapter 18.84 contains regulations for lands within 100 year floodplains that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement floodplain protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Chapter 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. The proposed bridge will occupy approximately 200 ft3 (less than 8 cubic yards) of floodplain storage. This volume will be offset by additional storage volume created by debris removal, minor earthwork and when bike path grading occurs. The applicant shall document on the final construction drawings how the storage offset shall be obtained. The applicant's HEC2 model analysis of Fanno Creek at the proposed bridge location confirms the preservation of the zero-rise floodway and maintenance of the established floodway boundary. 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. The Comprehensive Plan designation for this parcel is CBD (Central Business District). 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 year flood. The applicants zero-rise floodway analysis finds that this boundary will be maintained. In addition, offsets to the floodplain storage capacity will further preserve the 100-year floodplain elevation. The applicant shall show on the final HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page3 0 0 construction drawings how the offset in storage capacity shall be obtained. While the applicant's model analysis of the floodplain shows a maintenance of the zero-rise floodway, staff is concerned about the effects on the 100-year floodplain boundary. The concern is the placement of the bridge below the 100-year floodplain elevation and the effects of debris etc. that may occur if such debris were to get caught on the bridge during flooding. Such an event could result in the bridge acting as a dam and effecting the elevation of the 100-year floodplain elevation. 4. The land form alteration or development plan includes a pedestriantbicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The application itself is for a pedestrian bridge to connect a pedestrian/bicycle pathway in accordance with the pedestrian/bicycle pathway plan. 5. The plans for the pedestrian bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. The pathway elevation at the bridge crossing is expected to be 142 - 143 feet. The average annual flood flow (i.e expected to occur once every year) is not established for Fanno Creek at this location. There are, however, methods for estimating the annual flood water surface height using observable physical characteristics found on a stream or waterbody. One such technique relies on the defined vegetation boundary occurring on the stream bank to approximate the annual flood height. This boundary exists where the flow depth in a creek occurs frequently enough that vegetative growth below this level is prevented from establishing a root system to support growth. At the proposed bridge crossing location this boundary occurs 2-3 feet below the top of the bank and the proposed bike path elevation. The proposed bridge and pathway will therefore be above the elevation of the average annual flood, which occurs within the creek banks. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant states that an US Army Corps of Engineers permit is not required due to the small scope of the work. The impacts, which are HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page4 • • fill, need to be greater than 10 cubic yards to require a permit. The Corps calculates only fill area, not excavation. The path is 498 square feet by 6 1/2" (.54') deep, or 9.96 cubic yards. The applicant states that the Department of Environmental Quality was contacted as well. DEQ stated that, for a project of this nature, an impact of less than 10 cubic yards was approved by policy and did not require a permit from DEQ. The applicant also states that the Oregon Division of State Lands does not require a permit for wetlands work until the impacts exceed 50 cubic yards. The impact of this project is less than 50 cubic yards and therefore does not require a permit. 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Dedication is not required as this property is currently owned by the City of Tigard and is designated for park purposes. The application complies with the Comprehensive Plan as this area has been identified as an active park space within the Comprehensive Plan Resource Document Volume I, Identified Resources (G) Fanno Creek Park/ Main Street. Chapter 18.84.040(C) states that the Director shall approve or approve with conditions an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria has been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use. The disturbance is the minimum disturbance necessary to accomodate the bridge at the top of the bank. 2. 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. During construction erosion and sedimentation control will be accomplished through proper scheduling that limits activities during the "dry " months of the year and by implementing control measures (e.g. HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Pages 0 0 silt fences, etc,) as mandated by the Tualatin River Basin Plan. Ground instability and potential erosion and sedimentation in and around the bridge footings will be controlled by the placement of rip rap aprons on either side of the channel to protect the bridge footings and control scour. The minimal amount of vegetation loss expected with construction will be hydroseeded. Required construction plans shall include erosion control. In addition, the final design of the bridge shall be approved by the Engineering Department and shall include an investigation of alternatives to the recommended grading, such as piling or piers, and the verification of the limits of the proposed rip-rap that is to protect the channel under the bridge and the proposed abutments. 3. The water flow capacity of the drainageway is not decreased. The drainageway's flow capacity is not impaired by the bridge's construction. Annual floods will continue to pass freely under the proposed bridge. 4. 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 accordance with Chapter 18.100, Landscaping and Screening. The minimal amount of vegetation loss expected with construction will be hydroseeded. Erosion control measures shall also be taken during construction. The applicants construction plans shall be reviewed and approved by the Engineering Department. 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. This requirement is not applicable as the drainageway will not be impaired by the bridge's construction. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. As discussed in the previous section, permits are not required. 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page6 0 0 shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. As discussed in the previous section, dedication is not required. Chapter 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The site is within a wetland area but it is not designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map, nor is it within 25 feet of such a wetland. 2. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The disturbance is the minimum disturbance necessary to accomodate the bridge at the top of the bank. 3. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. This project does not change on-site or off-site drainage. 4. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. As previously discussed, the minimal amount of vegetation loss expected with construction will be hydroseeded. Erosion control measures shall also be taken during construction. 5. All other sensitive lands requirements of this chapter have been met. Other sensitive lands requirements have been met as addressed in this report. HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page7 • • 6. The provisions of Chapter 118.150, Tree Removal, shall be met. No trees larger than six inches in diameter will be removed for this project, therefore this provision does not apply. 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. Applicable Comprehensive Plan Policies are satisfied as discussed, in Section B Comprehensive Plan Policies, below. B. COMPREHENSIVE PLAN POLICIES. 1. Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because the applicant held a neighborhood meeting, notice of the application and public hearing on this item was provided to the Citizen Involvement Team East Representative, to owners of property in the vicinity of the site and in a newspaper of general circulation. The site has also been posted with a sign which states that a sensitive lands review application is pending for this property. 2. Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.) Policy 3.1.1 is satisfied because engineering techniques will make the site suitable for the proposed bridge and the applicable approval criteria for development in wetland areas have been satisfied. 3. Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise in elevation of the 100 year floodplain. Policy 3.2.1 is satisfied because this proposal will not result in any rise in the elevation of the 100-year flooplain. 4. Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page8 0 0 maintenance of the zero-foot rise floodway. Policy 3.2.2 is satisfied because this development will preserve the function and maintenance of the zero-foot rise floodway. 5. Policy 3.5.4 provides that the City provide an interconnected pedestrian / bikepath throughout the City. Policy 3.5.4 is satisfied because this bridge will connect sections of the pedestrian / bikeway system. 1V. AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed the proposal and has provided the following comments: A. STREETS: The proposed bridge crossing is located at the intersection with the main Fanno Creek channel and the easterly right-of-way line of Ash Avenue. The proposed bridge would span the channel with 48 feet long glu-lam wood beams, supported by reinforced concrete abutments. In addition, the applicant proposes to install rip-rap slope protection on each side and through the bridge improvements to stabilize the channel and subgrade. In the future, a bridge over of Fanno Creek will be constructed to provide a roadway crossing for Ash Avenue, a Minor Collector street as shown on the City Comprehensive Plan. The future roadway bridge design will need to address the under-crossing of the pedestrian path that is to constructed with this proposal, and the future connection to the sidewalk in the future Ash Street construction. Otherwise, the proposed pedestrian bridge appears to be compatible with the future roadway bridge. B. STORM DRAINAGE: The applicant's engineer, Otak, has provided HEC-2 calculations in a format acceptable to the Corp of Engineers to calculate the effects that the bridge construction will have to the water surface elevation as the 100 year flow passes the proposed bridge. HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page9 The calculations include an examination of two scenarios: one with the bridge perpendicular to the main stream flow and the second with the bridge skew. The calculations indicate the there is a zero-rise in the elevation of the stream flow at the proposed pedestrian bridge 100 year flow. The code requires that the proposed development not cause an increase in the water surface elevation of the 100 year flood, nor a decrease in the drainageway capacity. Based on the calculations provided, the applicant's engineer concludes that the proposed pedestrian bridge will have a negligible impact on the Fanno Creek. C. GEOLOGY: The applicant has provided a geotechnical investigation prepared by Dames & Moore, that indicates that the existing soils are suitable to support the proposed pedestrian bridge. The report recommends that the westerly bridge abutment will require excavation and compaction of the native soils. The final design of the bridge should be approved by the Engineering Department and shall include an investigation of alternatives to the recommended grading, such as piling or piers, and the verification of the limits of the proposed rip-rap that is to protect the channel under the bridge and the proposed abutments. 2. The City of Tigard Public Works Department has reviewed this proposal and have no objections to this proposal. 3. The City of Tigard Planning Division (Long Range Planning) has reviewed this proposal and stated that the proposal is consistent with the Master Plan for Fanno Creek Park, which calls for a pathway extending from SW Main Street to SW Hall Boulevard. 4. The U.S. Army Corps of Engineers, Division of State Lands and Department of Environmental Quality were contacted regarding this application. No continents have been recieved from these agencies. 5. No additional comments have been recieved. VI. CONCLUSION AND RECOMMENDATION HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR Page 10 • • Staff concludes that the proposed impacts to Sensitive Lands Areas comply with the applicable approval criteria for issuance of a Sensitive Lands Permit. Staff recommends the approval of SLR 94-0002 subject to the following conditions: PRIOR TO THE CONSTRUCTION. THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. Two (2) sets of detailed design calculations and construction drawings shall be submitted for preliminary review to the Engineering Department. Five (5) sets of approved drawings, all prepared by a Professional Engineer, shall be submitted for final review and approval. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171). UPON COMPLETION OF CONSTRUCTION: 1. Provide an AS-BUILT certification and the AS-BUILT duplicate drawings on mylar of the completed construction to the Engineering Department. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) THIS APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared by: `Q;%WVlmx -7 -/E-; -qY William D'Andrea Date Assistant Planner Approved by: '01 d I.etP 716-py Dick Bewersdorff Date Senior Planner HEARINGS OFFICER - SLR 94-0002 - PEDESTRIAN BRIDGE/GRAYMOR PageI I i F Z U: L Pond J 3 cd I uFANNO CREEK PARK PARK BOUNDARY - PROPOSED PARK EXPANSION- ~ 1`= 200' AUGUST, 1987 . . . Ac\ PROPOSED S.W. HLILL ST ZV U m L CIVIC CENTER ~J L Porfiinp~(f 'G c r • • 144 PATH AT I APARTMENTS f l ~b ,f f PATH 6 GE UNDER THIS \\\~1 CONTRACT %:Ooql ~n 0 r A ♦ r ► ♦ r ~ r alp' r r r r r r ► r ► I r r r , ♦ , r + r r + r r r r + • r r r r r r r r ♦ , r • r r r ♦ r r / ~r r r , i LU r LULL , + r QZ- 0 r \VA~L r r ~Ir r r + r r - + r ) r , ► , r V ~ • r ♦ r • nr~ r1 r r r ,~F 1 r r t~. r ' ►r J r r r r r , + c , r + r ` • r is r,r PATH UNDER SEPERATE CONTRACT c X / 143 EX. ELEV. 143.25+ PATH SURFACE SLOPE 1:20 MAX. TOP DECK 143.25 + CUT BANK DOWN UNDER BRIDGE RAIL - BRIDGE DECK - SLOPES 2% + EX. ELEV. 141.75+ - - PATH SURFACE BEAM o a EXISTING BANK co dV 1, On ` 137 WATER ELEV. - VARIES 1 Q22 0 135 + ASSUMED BOTTOM 0 9 f__1 _ I 0 RIP RAP ? -.FOOTING TO BE 4'-0" 25'-0"+ CREEK (WATER SURF.) 40'-0" ±48'-0"SPAN TOP DECK 142.0+ BELOW 2:1 SLOPE UP FROM BOTTOM, MIN. SEE SOILS REPORT 4'-0' FROM TOP OF BANK 11 5f;R DGE 6ECT ON + 8' MIN, 11' MAX.