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
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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.
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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.
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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
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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
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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
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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
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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
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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
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Date
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Date
HEARINGS OFFICER - SLR 94-0001 - MCDONALD SEWER TRUNK Page 10
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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
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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
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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
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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
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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
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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
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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
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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
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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
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