CUP2006-10001 120 DAYS = N/A
DATE OF FILING: 4/27/200G �
-
CITY OF TIGARD � �
Washington Counry, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CUP 2006-10001
SENSITIVE LtLNDS REVIEW SLR 2006-10002
Case Name: TUALATIN RIVER TRAIL
Applicant's Name/Address: Ci of Ti d 13125 SW Hall Boulevard Ti OR 97223
Owner's Name/Address: Clean Water Services CWS 2550 SW Hillsboro H . Hillsboro OR 97123
Address of Property: The trail is located within the Tualatin River 100�ear flood�lain,east df Cook Park and west of
the Burlington Northern Rail Road corridor. The trail will inter-connect the Cook and Durham
Park trail s stems.
Tag Ma /Lot Nos.: Washin ton Co.Tax Assessor's Ma No.2S114DA,Tag Lot 00100
A FINAL ORDER INCORPOR.ATIl�G TFiE FACTS, FINDINGS AND CONCLUSIONS APPROVING A
�UEST FOR A CONDITIONAL USE AND SENSITIVE LANDS REVIEW. THE CITY OF TIGARD
HEARINGS OFFICER HAS REVIEWED 1'HE AYYLICANT'S PLANS, NARRATIVE, MATERIALS,
COMMENTS OF REVIEWING AGENCIES, THE PI.ANNING DIVISIONS STAFF REPORT AND
RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF
REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON APRIL 24, 2006 TO RECEIVE
TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS,
FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Request: ➢ The applicant is requesting Sensitive Lands Review approval to construct a 10-foot-wide paved, multi-use
trail within the floodplain. Trails are classified as a community recreation facility. Community recreation facilities
�uire Conditional Use Permit approval in the R-4.5 zoning district. The trail segment is apptoxixnately 1,365 feet in
_�gth and is located entirely within the 100-year floodplain of the Tualatin River. The trail will provide access to the
future Tualatin River Pedestrian Bxidge and to the City of Durham and the City of Tualatin trail systems. At the close
of the record, the Heatings Officer conditionally approved the request, subject to the condirions of approval within
this final order.
Zone: R-4.5: Low-Density Residential District. A��licable Review Criteria: Community Development Code Chapters 18.330,
18.390, 18.510, 18.775 and 18.790.
Action: ➢ ❑ Approval as Requested x❑ Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper and mailed to:
� Owners of Record within the Required Distance � Affected Government Agencies
❑x Interested Parties ❑x The Applicants and Oumers
The adopted tindings of fact and decision can be obtained from the Planning Division/Community Development Departrnent at
the City of Tigard Ciry Hall.
Final Decision:
THIS DECISION IS FINAL ON APRIL 27,2006 AND BECOMES
EFFECI'IVE ON MAY 12, 2006 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authoriry is final for purposes of appeal on the date that it is mailed. Any parry with standing as
provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G2. of the Tigard
Community Development Code which provides that a written appeal together with the required fee shall be filed with the
Director unthin ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are
' able from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 11, 2006.
Quesrions: If you have any questions,please call the City of Tigard Planning Division at (503) 639-4171.
BEFORE THE LAND USE HEARINGS OFFICER
�
FOR THE CITY OF TIGARD, OREGON
Regarding an application by the City of Tigard for conditional ) F I N A L O R D E R
use permit and sensitive lands review approval for a roughly ) CUP2006-10001
1100 foot section of a 10-foot wide trail within the Tualatin River} SLR2006-10002
floodplain east of Cook Park, in the City of Tigard, Oregon ) (Tualatin River Trail)
A. FINDINGS AND CONCLUSIONS
1. The applicant, City of Tigard, requests conditional use permit ("CUP") and
sensitive lands review for construction of a 10-foot wide paved public use trail between
Cook Park and the Burlington Northern Rail corridor. The applicant will construct the
trail on tax lot 100, WCTM 2S114DA (the"site"). The entire 1100-foot long trail
segment is located within the 100-year floodplain of the Tualatin R.iver. The trail will
connect with the existing trail system within Cook Park on the west and existing and
planned trail systems in the Cities of Tualatin and Durham to the east, via the planned
Tualatin River pedestrian bridge.Additional basic facts about the site and surrounding
land and applicable approval standards are provided in the Staff Report to the Hearings
Officer dated April 14, 2006 (the "Staff Report"), incorporated herein by reference.
2. Tigard Hearings Officer Joe Turner(the"hearings officer")held a duly noticed
public heazing on Apri124, 2006 to receive and consider public testimony in this matter.
The record includes a witness list, materials in the casefile as of the close of the record,
including materials submitted after the hearing, and an audio record of the hearing. At the
beginning of the hearing, the hearings officer made the declaration required by ORS
197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of
interest. The following is a summary by the hearings off`icer of selected relevant
testimony offered at the hearing.
a. City planner Duane Roberts summarized the Staff Report. He noted that
Clean Water Services ("CWS")recently issued a permit for the project. The City received
three written comments about the project.
i. The City Public Works Department argued that the applicant
should be required to build portions of the trail on top of the existing grade in order to
avoid impacts to existing mature trees on the site. Mr. Roberts testified that the trail will
only impact one tree; a 28-inch ash located 14 feet from the edge of the trail. The location
of the trail is largely dictated by the need to connect to the existing trail segments and to
limit the environmental impacts of the t�ail. The applicant's azborist can locate the major
roots of the tree prior to construction and, if necessary,relocate the trail to a limited
extent to reduce impacts to the tree roots. This is required by condition of approval2. The
City engineering department determined that constructing the trail on top of the existing
grade would not eliminate impacts to the tree roots. Some excavation would be necessary
i
to remove topsoil and create a level surface for the trail. The City Arborist concluded that
such excavation would have a similar impact on the root system of the tree. In addition,
constructing the trail at grade would result in fill within the floodplain, which the
applicant would be required to balance with cut elsewhere in the floodplain and an
engineer's certification that the cut and fill will not increase the base flood elevation.
ii. Jeannot Whittle requested the City include seating and trash
receptacles along the trail. Mr. Roberts testified that the City will place pazk benches and
trash containers along the path after it is completed.
iii. David Baumgarten argued that the City should construct the
trail with asphalt rather than concrete, because concrete is hard to run on. Mr. Roberts
testified that the City chose to construct the trail with concrete because it has a much
longer life than asphalt. A concrete trail will reduce the City's maintenance costs on this
high use trail. In addition, construction of an asphalt trail would require additional
excavation, increasing the potential impacts on the adjacent ash tree.
b. City Parks Manager Dan Plaza and environmental consultant Stacy
Benjamin testified on behalf of the applicant. Mr. Plaza summarized the proposed trail
project and accepted the findings and conditions of approval in the Staff Report without
exceptions or objections. He waived the applicant's right to submit a final written
argument. Ms. Benjamin testified that CWS recently issued a service provider letter for
the trail project.
c. At the end of the hearing,the hearings officer closed the public record
and announced his intention to approve the application subject to recommended
conditions in the Staff Report.
3. City stafF recommended that the hearings officer approve the application based
on findings and conclusions and subject to conditions of approval recommended in the
Staff Report. The applicant accepted those conditions without exceptions.No one
disputed the findings in the Staff Report. The hearings officer agrees with those findings,
conclusions and conditions, and adopts the affumative findings in the Staff Report as
support for this Final Order.
4. Based on the findings and discussion provided or incorporated in this fmal
order,the hearings officer concludes that the applicant sustained the burden of proof that
the proposed CUP and sensitive lands review do or will comply with the applicable
criteria of the Community Development Code,provided development that occurs after
this decision complies with applicable local, state, and federal laws and with conditions
of approval warranted to ensure such compliance occurs in fact. Therefore those
applications should be approved subject to such conditions.
CUP2006-10001 and SLR2006-10002 Hearings OfTcer Final Order
('1'ualatin River Trail) Page 2
. , ,
B. ORDER
� In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby approves CUP2006-10001 and SLR2006-10002 (Tualatin River Trail),
subject to the following conditions of approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
Submit to the Planning Department (Duane Roberts, 639-4171, ext. 2444) for review
and approval:
1. Prior to site work, the applicant shall provide a revised tree protection plan. No site
work shall begin until appropriate tree fenci.ng/demarcation has been installed on
site to clearly identify tree protection areas and construction perimeters. Tree
protection must be installed and inspected bp the Ciry's Arborist, Matt Stine
2. Pxior to site work, the applicant shall use an air spade or some other non-harmful
method for determining the presence and location of major tree roots within the trail
alignment anywhere trees ovex 6 inches in caliper are located within 30 feet of the
edge of pavement. Should any roots be detected, the applicant sha11 consider altering
the trail route within the bounda.ries of the easement area in otdex to minimize toot
damage.
I 3. Prior to site work, the applicant shall meet the conditions of Clean Water Services
Service Provider Letter file #05-004508.
DATED this 27�'day of April 2006.
Joe Turner, Esq.,AICP
City of Tigard Land Use Hearings Officer
i
CUP2006-10001 and SLR2006-10002 Hearings O�cer Final Order
(Tualatin River Trail) Page 3
Agenda Item: 2.1
—. Hearin Date: A ri124 2006 Time: i:00 P�1
STAFF REPORT TO THE
. ,�
- � HEARINGS !OFFICER =
FOR THE CITY OF TIGARD, OREGON � "
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: TUALATIN RIVER TRAIL PRO ECT
CASE NOS.: Conditional Use Permit CUP2006-10001
Sensitive Lands Review (SLR) SLR2006-10002
PROPOSAL: The City, as applicant,is requesting Sensiuve Lands Review approval to construct an 8-foot-
wide paved, multt-use trail with floodplain. The tcail segment is approximately 1,100 feet in
length and is located entirely within the 100-year floodplain of the Tualatin River. At its
eastem terminus, the segment arill connect a 220-foot section of the same trail. This 220-
foot section lies within the City of Tigatd, but has been permitted through the City of
Tualatin. Under a 2004 Tualatin River pedestrian bridge Intergovernmental A�reement
between the Cities of Tualatin, Tigard, and Duxham, Tigard delegated to Tualatin the
authority to review and approve all permitting for this 220 foot sect�on of tlze larger tdal.
The completed trail, consisttng of the Tigard-reviewed and Tualatin-reviewed sections, will
�rovide access to the future Tualatin River Pedestrian Bridge and to the City of Durham and
ity of Tualatin trail systems. The present, Tigard-reviewed project,will temporarily impact
6,245 square feet of the 125-foot vegetated corridor due to construction staging and arill
permanendy impact 8,520 square feet of vegetated cotridor as a result of the trail
construction.
APPLICANT: Ciry of T�'gard OWNER City of T�' ard
13125 SW Hall Blvd. 13125 SW Hall Blvd.
Tigard, OR 97223 Tigard, OR 97223
LOCATION: The proposed project is located within the Tualatin River Flood�lain, east of Cook Park and
west of the Burhngton Northem Rail corridor. The path will inter-connect the Cook and
Durham Park ttail systems. WCTM 2S114DA,Ta.x Lot 100.
ZONING: R-4.5: Low Density Residential Disttict The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residenrial ututs at a
minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionallp. Some civic and instituttonal uses are also perrrutted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.775 and 18.790.
SECTION II. STAFF RECOMMENDATION � �
l
Tualatin River Trail Sensitive Lands Petmit Application Page 1 of 17
CUP200G-10001/SLR2006-100a2
Staff recomrnends that the Hearings Officer find that a portion of ptoposed pedestrian trail will not adversely affect
the health, safety and welfare of the City and meets the App�oval Standaxds of the Tigazd Development CodP.
Thetefore,Staffrecommends APPROVAL,subject to the follovving recommended Condirions of Approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED �
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:-
Submit to the Plan+�'�Department (Duane Roberts,639-4171,ext. 2444) for review and approval:
1. Prios to site work, the applicant shall provide a revised ttee protection plan. No site work shall begin until
appropriate tree fencing/demarcation has been installed on site to cleazly identify tree protection areas and
construction perimeters. Tree protection must be installed and inspected by the City's Arborist,Matt Stine
2. Prior to site work, the applicant shall use an air spade or some othet non-harmful method fox dete�n�ng
the presence and location of major tcee roots within the txail alignment anywhere trees over 6 inches in
calipes are located within 30 feet of the edge of pavement Should any roots be detected, the applicant shall
consider altering the trail route within the boundaties of the easement area in ordex to minim;>e root
damage•
3. Prior to site woxk, the applicant shall meet the conditions of Clean Water Services Service Provider Letter
file #OS-004508.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM TI�E EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION.
SECTION III. BACRGROUND INFORMATION
Site Infonnation and Progosal Descri�tion: _.
The City proposes to construction an 8-foot wide, 1,100-foot long river-side recxeational trail connecting the City's
79-acre Cook Patk to the future Tualatin River Pedestdan Bridge. The trail segment is part of a long standing,
three-city strategy to construct a pedestria.n bridge over the Tualatin River that will interconnect the trail systems
and majot parks of the adjoining Cities of Tigard,Tua]atin,and Dutham. The proposed segment is identified in the
1983 and still current Tigard Cornprehen�ive Plan and in the 1999 and still cutrent Tigard Park Sy.rtem Master Plan, both
developed with egtensive pubic involvement The trail segment also is identified as "regionallp significant" on the
Metco Aegion Trail Map.
In addition to setving as a connecting approach to the bridge, the proposed trail will expand the local xecreational
opportunities available to community residents and other trail usexs. These opportunities will include, among
others, access to picturesque views of the Tualatin River and the 40-acre Clean Water Services Durhatn wildlife area,
which is a winter home to a sizeable flock of mixed dabbling ducks and geese. These opportunities will contribute
to promoting a healthy lifestyle, encouxaging non-motorized ttansportation, and enhancing quality of life in a
heavily populated axea.
The site is located along the Tualatin River between Cook Park and the Burlington Northem Rail corridor. The
land through which the trail is pxoposed to travel is owned by Clean Water Services (CWS), which has provided to
the City a 25-foot-wide trail easement. The alignment was walked and laid out by agenry staff. The stream banks � `�
Tualatin Rivei Trail Sensitive Lands Petmit Application • Page 2 of 17
CUP2006-10001/SLR2006-10002
the Tualatin River ase steeply incised in the vicinity of the txail aligiunent. Wetlands are located inland and some
-�75 to 350 feet fxom the trail edge. The gendy sloping property through which the trail is proposed to extend is
bvexed along its entire route with pasture gxasses, including bentgrass, tall fescue, and meadow foxtail.
Enhancement of the vegetated corridor along the river by CWS within xecent years has included the planting of red
alder, westem red cedar, big-leaf maple, Douglas fir, and Oregon ash. Shxub plantings are pxesent neax the
upstream end of the trail alignment These include vine maple, snowberry, and oceanspray. Native vegetation
remains in an area along the downstream portion of the trail. A notable stand of Douglas fir and Oregon ash is
found in this area. The impact of the trail on vegetarion is mainly to pasture grasses and fescue. The alignment
m;nimi7es riparian impact by preserving all existing trees. No wedands axe disturbed.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
A summary_of the applicable cxiteria in this case in the Chapter ardes in which they are addressed in this staff report are
as follows: �
- A. Decision Making Procedures
. 18.330 (Conditional Use)
B. Zoning Districts
18.510 (Residential Zoning Districts)
C. Specific Develo�ment Standards
18.775 (Sensitive Lands) .
18.790 (Tree Remova�
D. Impact StudX
18390
�he proposal contains no elements rela.ted to the provisions of Code Chaptexs: 18.705 (Access, Egress & Circulation),
18.715 (Density Computations), 18.720 (Design Compatibility), 18.725 (Environmental Performance Standards),18.730
(Egceptions to Development Standards), 18.742 (Home Occupations), 18.750 (Manufactured/Mobile Home
Regulations), 18.755 (Mixed Solid Waste &Recyclable.Storage) 18.765 (Off-Street Parl�ng and Loading Requirements),
18.760 (Nonconforming Situations), 18.780 (Signs), 18.785 (Temporaty Uses,), 18.795 (Visual Clearance)„ and 18.798
(Wireless Communication Facilities). These Cha.ptexs aze,therefore,found to be inapplicable as approval standards.
SECTION V.APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMLJNITY DEVELOPMENT CODE SECTIONS:
A. DECISION MAI�NG PROCEDURES
This application includes a request for a Conditional Use approval of a Community Recreation use within a
Residential Zoning District The Conditional Use criteria are listed below, along with a discussion of how each
applies to the ptoject undex review.
A. Approval Standards. The Hearings Officer shall approve with conditions, or deny an application for a
conditional use or to enlarge ot altet a conditional use based on findings of fact with respect to each of the
following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use.
}
Tualatin River Trail Sensitive Lands Permit Application Page 3 of 17
CUP2006-10001/SLR2006-10002
The site size and dixnensions are adequate to accommodate a trail. Clean Water Service standards
relating to the installation of a trail within the riparian area have been met, and the agency has issued
a Service Provider Letter for the project(March 6, 2006, File #05-004508). This letter is include�
the project file.
2. The impacts of the proposed use of the site can be accommodated considering size, shape,
location, topogtaphy, and natural features.
This criterion is addxessed under the Sensirive Lands secrion of this proposal. �
3. All required public facilities have adequate capacity to serve the proposaL
No other public facilities are affected by the traiL
4. The application requirements of the zoning district are met except as modified by this chapter.
The zoning of the land through which the trail extends is R�.S. Community Recreation is a
Conditional Use wittun this zoning distsict No other requirements of the district apply to this
proposal.
5. The applicable requirements of 18.330.050.
The zequirements contai.ned in this section are addressed separatelp below.
6. The supplementary requirements set forth in other chapters of this code including but n�t
limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable,
met
No signs are included within this proposaL None of the supplementary xequirements of 18.360
apply to this proposal. The application does not involve a minor or majot modification to approved
plans or existing development No egceprions to standards are sought. .
B. Conditions of approvaL The Hearings Officer may unpose conditions on the approval of a conditional
use,wluch are found necessary to ensure the sue is compatible with other uses in the vicinity, and that the
impact of the proposed use on the surrounding uses and public facilities is m�n;t„i�ed. These conditions
may include,but are not limited to the following:
1. Limiting the hours, days,place and/or manner of operation.
City rules governing the public use of greenway tsails prohibit littering and requise the removal of
dog waste. Unlike parks,the hours of use are not limited to daylight hours.
2. Requiring design features which minimize environmental impacts such as noise, vibration, air
polludon, glare, odor and/or dus� ,
The environmental regulations applicable to this project aze addressed elsewhere in this proposal.
3. Requiring additional setback areas,lot area, and/or lot depth or width. •
Tualatin River Tzail Sensitive Lands Pernut Application Page 4 of 17
CUP2006-10001/SLR200G-10002
Not applicable. The proposal does not create any new lots. Setbacks are addressed under Sensitive
} Lands xequirements elsewhere in this report.
4. Limiting the building height, size or lot coverage, and/or location on the site
Not applicable. No buildings are proposed as part of this project
5. Designating the size, number, location and/or design of vehicle access points.
Not applicable. The project does not include vehiculat access.
6. Req'�in�street right-of-way to be dedicated and stteet(s )to be improved. .
Not applicable.
7. Requiring landscaping, screeIIlilg, drainage and/or surfacing of parking and loading areas.
Not applicable. No loading ateas axe proposed. �
S. Limiting the number, size, location,height and/or lighting of signs.
Not applicable. No signs aze proposed.
9. Limiting or setting standards for the location and/or intensity of outdoor lighting.
�
Not applicable. No outdoox lighting is proposed.
10. Requir,ing berms, screening or landscaping and the establishment of standards for their
installation and maintenance.
Not applicable. No bexms are proposed. Fill is prohibited within the floodplain of land zoned for
residential use. Natural area la.ndscaping requirements are addressed under the Sensitive Lands
section of this proposal.
11. Requiring and designing the size,height, location and/or materials fot fences.
Not applicable. No fencing is proposed. The placement of fences is prohibited in both the
Vegetated Corridor area and in the floodwap. The 25-foot tta.il easement area is located entirely
within the floodway and partially within the Vegetated Corridor area.
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses,
habitat areas and/or drainage areas.
The environmental impacts of the trail axe addressed under the Sensitive Lands section of this
proposal.
�
Tualatin River Trail Sensitive Lands Peanit Applicaaon Page 5 of 17
CUP2006-10001/SLR200G-10002
13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the
floodplain when land form alterations and development are allowed within the 100-year floodplain.
The development proposed is a greenway trail. The land thtough which the trail will travel is
owned by Clean Watex Services, which has pxovided an easement for the trail project (Recording
#2004-14017312/09/2004).
14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accotdance with the adopted pedestrian/bicycle pathway plan.
A pedestrian/birycle trail is the subject of this proposal.
18.330.050 Additional Development Standards for Conditional Use Types
050-5. Community Recreation and Parks:
a. All building setbacks shall be a minimum of 30 feet from any properry line.
Not applicable. The proposed project does not include the construcrion of any buildings.
b. There are no off-street parking requirements, except that five automobile parking spaces
are required for a dog park or off-leash area with a fenced area of one acre or more . . .
Not applicable. The pxoposed project does not include the construction of a dog park.
18.765.080 Off-Street Loading Requirements
Pursuant to the Table 18.765.2, minimum and maximum off-stteet vehicular and bicycle parking
requitements apply to Communitp Recxeation. These standards ate all based on.the floor area of the
proposed use. As such, the standards are not applicable here. The proposed project does not involve the
construction of any recreational ot other structures.
FINDING: The trail is a conditional use with the residential zoning districts. The trail proposal meets all of the
Tigasd Cornxnunity Development Code standasds pertaini.ng to Communitp Recreation uses within residential
zoning districts and to Off-Street Parking and Loading Requirements. •
B. ZOI�TING DISTRICTS
This application includes a request to install a trail with a Residential Zoning District Use Table 18.510.1 lists
Community Recreation as a conditional Use in the R-4.5 zoning district_ The specific conditions and approval
criteria related to this use are listed in the Conditional Use chapter of the Tigatd Community Development Code.
These are addtessed in the Condirional Use secrion of tivs ieport
. C. SPECIFIC DEVELOPMENT STANDARDS
18.775 SENSITIVE LANDS
18.775.070 B (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 encroachments, including fill, n
Tualatin Rivez Trail Sensitive Lands Permit Application Page 6 of 17
CUP2006-10001/SLR2006-10002
construction, substantial improvements and other development unless certified by a registered
�rofessional engineer that the encroachment will not result in any increase in flood levels during the base
�ood d.ischarge;
The ttail has been designed to avoid an increase in the zero-foot rise floodway. The finish elevation will be
at existing grade. Construction will involve excavation and placement of 4 inches of gravel base below
grade•followed by the placement of an additional 8 inches of concrete up to existing grade. The application
submittals include a letter dated Maxch 16, 2006, signed Agustin P. Duenas, P.E., certifying that
construction of the trail will not result in any incxease in flood levels during the base flood discharge.
18.775.070 B 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 18.120 of the Community Development Code shall be allowed in areas
designated residential subject to applicable zoning standards;
No land form alterations are proposed. The paved trail does meet the defin.ition of development as used in
18.775.020.7. As a community recreational use, the trail is allowed as a conditional use on the site, which is
zoned residential (R-4.5).
18.775.070 B 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 proposed ttail is located entirely within the 100-yeaz floodplain. The finish elevation of the trail will be
at existing grade. A registered pxofessional engineer has certified that construction of the trail will not result
) in any incxease in flood levels.
18.775.070 B 4. The land form alteration ot development plan includes a pedestriau/bicycle pathway in
accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is
deemed by the Hearings Officer as untimely;
The proposed development is a segment of the Tualatin River Trail designed in accordance with the City's
pedestdan/bicycle plan.
18.775.070 B 5. The plans for the pedestrian/bicycle pathway ind.icate that no pathway will be below the
elevation of an average annual flood;
The subject trail segment will be above the elevation of the average annual flood. The trail is located beqond
the top of bank of the Tualatin River which is above the elevation of the avera�e annual flood. The
elevation of the trail vaties form 116 to 119 feet According to engineering models, the elevation of the
average annual flood is expected to be confined below the top of bank, which is approximately a uniform
110 feet in elevation within the project area.
18.775.070 B 6. The necessary U.S. Atmy Corps of Engineers and State of Oregon Land Board, Division of
State Lands, and CWS permits and approvals shall be obtained; .
The trail project is located above the top of bank of the Tualatin River and outside delineated wetland areas
} located on the CWS-owned property. The trail alignment does not interfere with any wetlands or stream
Tualatin River Trail Sensitive Lands Permit Application Page 7 of 17
CUP2006-10001/SLR2006-10002 .
channel. Thexefore, no wedand perinit is necessary £tom the U.S. Army Corps of Engineers or the Oregon
Department of State Lands. A required Service Provider Letter has been obtained for. the project fYOm
Clean Water Services (Maxch 6, 2006,File #05-004508).
18.775.070 B 7. Where land form alterations and/or development are allowed within and adjacent to the
100-year Qoodplain, the City shall require the consideration of 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 accotdance with the adopted pedestrian/bicycle pathway plan.
The project will be constructed on an open space area owned by Clean Water Services. This area is
undexgoing restoration by the agency as a native oak savan.na. The tcail project carries out the city's adopted
pedestrian/bicpcle pathway plan by installing a segment of the ttail identified in the plan.
18.775.090: Special Provisions for Development within Locally Significant Wedands and along the Tualatin
River, Fanno Creek,Ball Creek, and South Fork of Ash Creek •
A. In order to address the requ.itements of Statewide Planning Goa15 (Natural Resou.rces) and the
safe harbor provisions of the Goa15 administrative nile (OAR 666-023-0030) pertaining to wetlands,
all wetlands classified as significant on the City of Tigard "Wetlands and Sueams Corridors Map"
are protected. No land form alterations or developments are allowed within or pattially within a
significaat wetland,except as allowed/approved pursuant to Section 18.775.13�.
The project does-not include any development within a significant wetland. Wetland F-21 is mapped to the
south of the proposed trail alignment,and wetlands F-19 and F-26 are mapped to the north of the proposed
trail aligument on the City of Tigard "Wetlands and Streams Cortidors Map". These wetlands a
delineated as part of the development of the Cook Park Master Plan. The tratl a1�Q±?ment at its neatest
� point is located 175 feet from F-26, the metland closest to the trail alignment According to Clean Water
Service maps,the requiced setback around the wetland is 50 feet Therefore,this requirement is met
B. In order to address the requirements of Statewide Plann.ing Goa15 (Natural Resources) and the
safe harbor provisions of the Goal 5 adminisuative nile (OAR 660-023-0030) pertaining to ri arian
corridors, a standazd setback distance or vegetated corridor area, measured horizontally from and
parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and
the South Fork of Ash Creek.
1. The standard width for "good condition" vegetated corridors along the Tualatin River is
75 feet, unless wider in accordance with CWS "Design and Construction Standards", or
modified in accordance with Section 18.775.130. If all or part of a locally significant wedand
(a wetland identified as signi5cant on the City of Tigatd "Wedands and Streams Corridors
Map") is located within the 75-foot setback area, the vegetated comdor is measured from
�the upland edge of the associated wetland.
Clean Watex Services requires a,125-foot vegetated corridor adjacent.to the Tualatin River.
This exceeds the 75-foot corridor established under Goal 5. The majority of the 125-foot
vegetated corridor was determined to be in degxaded ot maxginal condition according to
Clean Water Services standards. A portion of the vegetated corridor was determined to be
in good condition; however, the good condition area is less than 125 feet wide. 7'
Tualatia River Trail Sensitive Lands Pezmit Application ' Page 8 of 17
CUP200G-10001/SLR2006-10002
applicant proposes to restore all substandaxd portions of the 125-foot corndor to good
condition. Minor encroachments into the vegetated corridor are proposed. No
) encroachments are proposed in the portion of the vegetated comdor determined to be in
good condition. A natural resource assessment, a vegetated corridor �estoration plan, and a
vegetated corridor mitigation plan related to the encroachments, all dated 10/21/2005, have
been approved by Clean Water Services (March 6, 2006, File #05-004508). Therefore, this
requixement is met.
2. The standard width for "good condition" vegetated corridors alon� Fanno Creek, Ball
Creek, and the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS
"Design and Construction Standards", or modified in accordance with Section 18.775.130. If
all or part of a locally significant wetland (a �vetland identified as significant on the City of
Tigard "Wetlands and Streams Corridors Map") is located witTun the 50 foot setback area,
the vegetated corridof is measured from the uplat�d edge of the associated wedand.
Not applicable. The site is not adjacent to Fanno Creek,Ball Creek or the South Fork of Ash
Creek.
3. The m�n�mum width for ��marginal or degraded condition" vegetated comdors along the
Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the
standard width, unless wider in accordance with CWS "Desigri and Construction
Standards", or modified in accordance with Section 18.775.130.
The majority of the vegetated corridox has been determined to be in degraded or marginal
condition based on Clean Water Services standards. Clean Water Services requires a 125-foot
� vegetated corridor adjacent to the Tua]atin River "where possible." If not possible, agency
standatds allow a path to be located in the outermost 40% of the vegetated cottidor. These
pxovisions exceed the 38-foot mi.nimum width requirement contained in 18.775.130. Minor
encroachments into the degtaded condition vegetated corridor are proposed to construct the
trail. The applicant proposes to enhance the comdor to good condition. A natural resource
assessment and vegetated corridot plan have been appxoved fox the project by Clean Water
Services. Therefore, this requirement is met. •
4. The dete**n�+��tion of comdor condition shall be based on the Natural Resource
Assessment guidelines contained in the CWS "Design and Construction Standards".
The determination of the vegetated corridot condition is in accordance with Clean Water
Services Design and Construction Standatds, Resolution and Ordei #04-9, March 2004.
The agency has issue a Setvice Provider lettex (March 6,2006,File #05-004508) based on an
appxoved Natural Resource Assessment and restararion plan.
5. The standard setback distance or vegetated comdor azea applies to all development
proposed on properry located within or partially within the vegetated.comdors, except as
allowed below:
Roads, pedestrian or bike paths crossing the vegetated comdor from one side to the other in
order to provide access to the sensitive area or across the sensitive area, as approved by the
j City per Section 18.775.070 and by CWS "Design and Construction Standards";
Tualatin River Trail Sensitive Lands PeIInit Application Page 9 of 17
CUP2006-10001/SLR2006-10002
Not applicable. The ttail segment to be permitted and constructed by the City of Tigard will
not cross the vegetated corridor from one side to the other. At its western or Cook P
end and for a distance of approximately 75 feet, the. trail does cross into the vegetatea
corridor in oxder to connect with the texini.nus of the existing Tualatin River trail segment.
'I'his encroachment has been approved by CWS in the service provider letter noted above.
Utility/service provider infrastructure construction (i.e. storm, sanitary sewer,water, phone,
gas, cable, etc.), if approved by the City and CWS;
Not applicable. No infrastructure construction is pxoposed.
A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design and
Construction Standazds"; •
The path is 8 feet in width with 1 foot shoulders on either side and meets Clean Water
Services Design and Construction Standards.
Grading for the purpose of enhancing the vegetated corridor, as approved by the Ciry and
CWS;
Not applicable. No grading within the vegetated cottidor for enhancement purposes is
proposed.
Measures to remove or abate hazards, nuisances, or fire and life safety violations, as
approved by the regulating jurisdiction;
Not applicable. No such measutes are included in the project work scope.
Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife
habitat, as approved by the City and CWS; •
Enhancement of the vegetated corridor is part of the project work scope. The proposed
enhancement is required by CWS standards,is not a stand-alone project, and is exempt.
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures,
roadways, driveways, utilities, accessory uses, or other developmenfs provided they are
consistent with Ciry and CWS regulations, and do not encroach further into the vegetated
corridor or sensitive azea than allowed by the CWS "Design and Construction Standards.
Not applicable to this project No such measures are proposed.
6. Land form alterations or de�elopments located within or partially within the Goal 5
safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno
Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional
requ.irements and permit criteria of the CWS, U.S. Army Corps of Engineers, Division of
State Lands, and/or other federal, state, or regional agencies, are not subject to the
provisions of Section 18.775.090.B, except where the: �
Tualadn River Trail Sensitive Lands Permit Application Page 10 of 17
CUP2006-10001/SLR2006-10002
Land form alterations or developments are located within or partially within a good condition
� vegetated comdor, as defined in Sections 18.775.090.B.1 and 18.775.090.B.2;
Not applicable. The proposed trail is not located within a good condition vegetated corridor. The
portion of the vegetated corridox affected by the project is in degraded condition.
Land form alterations or developments are Iocated within or partially within�the minimum width
area established for marginal or a degraded condition vegetated corridor, as defined in Section
18.775.090.B.3.
No encroachments witivn the Safeharbor "minimum width area of 38 feet of top of bank, as this
applies to the Tualatin River, are proposed. .
FINDING: The trail is a conditional use withiti the residential zoning districts. The vegetated corridor proposal
meets the Gity and CWS site-specific standards established for vegetated comdors.
CONDI"I'ION: The applicant shat catry out the vegetated corridor plan as teviewed and app�oved by CWS.
18.790 TREE REMOVAL
A. Tree plan required. A tree plan for the planting, removal, and protection of trees prepared by a
certified areborist shall be provided for any lot, parcel or combination of lots or parcels for which a
�evelopment application for a subd.ivision, partition, site development review, plan.ned development or
onditional use is filed. Protection is preferred over removal wherever possible.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size, and species of all existing trees including designation as
significant by the city; .
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guideliues of Section 18.790.060D in accordance with the
following standards and shall be exclusive of trees required by other development code provisions
for landscaping,streets and parldng lots:
a. Retention of less that 25% of existing trees over 12 inches in caliper iequires a mitigation
, . progtam in accordance with Section 18.790.060D of not net loss of ttees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be remove be mitigated in accordance with Section 18.790.060.D;
c. Retenrion of from 50% to 75% of existing trees over 12 inches in caliper required that 50%
of the trees to be removed be mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
' 3. Identification of all trees which are proposed to be removed.
Tualatin River Trail Sensitive Lands Permit Applicatioa Page 11 of 17
CUP2006-10001/SLR2006-10002
4. A protection program defining standards and methods that will be used by the applicant
to protect trees during and after construction.
C. Subsequent tree removal. Trees removed within the period of one year to a development
application listed above will be inventoried as part of the tree plan above and will be replaced
accord.ing to Section 18.790.060D. �
All trees located within 40 feet of the trail route have been mapped. No trees over 12 inches in caliper are
proposed for removal. A tree protection plan prepared by a certified arborist has been submitted. The
plan conforms to the requitements of 18.790.030. It identifies the location, size, and species of all existing
trees over 6 inches in caliper, including trees designated as significant by the eity. It.includes a program to
�save existing trees ovet 12 inches in caliper. Also included is a protection program defining standards and
methods that will be used by the applicant to protect trees during and after construction.
Site vegetation in the proposed tcail alignment consists predominandy of non-native grasses includi.ng
bentgrass, meadow foxtail and tall fescue. Enhancement of the vegetated comdor along the Tualatin River
has catried out by Clean Water Services within the last few years. Tree plantings within the southern and
westem portions of the field closest to the Tualatin Rivex included zed alder, westem red cedat, big-leaf
maple, Douglas fir and Oregon ash. Tree plantings further north and east from the xiver included Douglas
fir, big-leaf maple, Oregon white oak and pondetosa pine. The tcail alignment has been located to minim;7e
impacts to recent enhancement plantings on the site. The locations of enhancement plantings in close
progi.mity to the proposed trail alignment in the west portion of the site were surveped by the City of Tigaxd
and aze shown on the construction dtawings. Prior to the start of construction, 3 1-inch caliper
enhancement plantings located within the construction easement will be xelocated outside the construction
comdor.
FINDING: Based on the above analysis, the Tree Removal standatds will be met, if the applicant complies with
the condition listed below. �
CONDI'I70N: Provide a copy of the tree protection plan, which must be reviewed by the City Arborist, Matt
Stine. Tree protection must be installed and inspected by the City Arborist prioi to site work.
D. IMPACT STUDY �
Impact studies are requited undex 18390.�50 B.2.(e)Type III application types. The impact study criteria are listed
below, along with a discussion of how each applies to the project under discussion.
18.390.050 B.2(e) The impact study shall quantify the effect of the development on.public facilities and
services. The study shall address at minimum, the -transportation system, including bikeways, the
drainage system, the �arks system, the water system, the sewer system, and the noise impacts of the
developmen� For each public facility system and type of impact, the study shall propose improvements
necessary to meet City standards and to minimize the impact of the development on the public at large,
public facilities systems, and affect private properry users.
Transportation system
Tualatia River Tzail Sensitive Lands Permit Application Page 12 of 17
CLTP2006-10001/SLR2006-10002
Transportation system
The proposed trail project will not impact the transportation system. The pxoposed txail is not
located adjacent to any roadways.
Bikeways
Along with the 220-foot section permitted by the city of Tualatin, the proposed trail will fill the gap
between the Cook Park and Duxham trail systems. The trail segment will result in increased
recxeational opportunities for community residents and will provide access to Cook Park, Tualatin
Community Park,and Dutham City Park.
Drainage system
The construction of the ttail will result in an $,520 squaxe foot increase in impervious area on the
site. Stormwater runoff from the trail will flow into the vegetated comdor adjacent to the Tualatin
River. The vegetated corridor will pxovide treatment for runoff from the ttail. No additional water
quality treatment or detention is proposed for trail runoff, because the increase in impervious
surface is small and no inputs of pollutants are anticipated. This is because the majority of trail users
will be pedestdans and bicyclists. Therefore, the tsail is not expected to have a negative impact on
the drainage characteristics or water quality of the Tualatin River.
Parks system
The proposed trail will fill a gap in the tcail network. The trail will result in imptoved xecreational
opportunities for community residents and will provide access to Cook Patk, Tualati.n Community
Park and Durham City Park as well the greenway along the Tualarin River.
, Water system
No water lines ate located withi.n the project alignment; therefore, the project will have no impact
upon the water system.
Sewer system
No sewer lines ate cutrendp located within the project alignment; thexefore, the project will have o
impact upon the sewer system.
Clean Water Services has developed a plan to construct an outfall from the Durham Wastewater
Treatment Plant to the Tualatin Rivet. The City of Tigard Engineering Department has coordinated
with Clean Water Services during the design of the Tualatin River trail project to ensure that
construction of the trail will not adverselp impact future agency outfall projects.
Noise impacts of the development
Construction of the tcail will result in a short-term increase in noise levels due to the presence of
construction equipment The proposed trail is located approximately 0.25 mile from the nearest
residential neighborhood. It is unlikely that the construction noise will pose more tlian a very minor
temporary unpact to neatbp residents.
Regulas use of the trail will have the usual low noise levels associated with similax sized xecreational
facilities. Since the project area currently contains a dirt footpath that is regularly used for
recreational purposes, the project is not expected to result in an increase in noise ovex current levels.
�
Tualatin River Trail Sensitive Lands Permit Application Page 13 of 16
CUP200G-10001/SLR200G-10002
�
� ,.
FINDING: 'The applicant has included an impact studp that adequately addresses the ptoject's impact on the
various pubic facility systems.
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Building Division and the Long Range Planni�, Engineering, and Police
Departments have xeviewed the project and have offered no objections to it.
The City of Tigard Public Works Department has reviewed the proposal and has provided the following
comments:
To avoid majar detrimental impacts to existing mature trees, especially in the northwest portion of the pxoject, the
trail should be built on top of the existing grade with geotextile fabric placed between the top of existing grade and
the base for the path/sidewalk. The same precautions should be implemented at the southern portion of the
project where the path goes along the northern boundary of mature tcees.
Response:
Within the northwest of Cook Park portion of the path, only one mature tree, a 28-inch ash sited 14 feet from the
edge of path, is located within the vicinity of the ttail. The next closest big tree, a 36-inch Douglas fir, is located
some 100 feet from the edge of path. Ash trees are known to have wide root bases. Some of the roots of the ash
tree in question may be damaged by the pathway construction. According to the technical specifications for the
project, one foot of excavation is required to install the tcail. This includes 8 inches of base rock and 4 inches of
concxete. Accoxding to the Engineering Department, the altemative of placing the trail on top of existing grade
itself would require 6 inches of excavation or "s.tripping" in order to create a level surface. The conclusion
reached by the City Arborist is that some portion of the ash tree's root system could be damaged bp the 1 foot
excavation some 14 feet from the base of the ash tree. The tree under discussion is located 11 feet north of the
egisting pathwap to which the new pathway will connect At its nearest point, the new pathway would be located
14 feet from the same tree.
Placing the trail on top of existing grade would result in fill in the floodplain,which would tequire an off-setting cut
elsewhere and certification by a registered professional engineer that the fill/cut will not result in anp inctease in
flood levels during the base flood dischatge. Staff concludes that the Public Works Depattment recommendation
pe �n� g to placing the northmest path section on top of the existing grade is unduly burdensome.
The land undemeath the proposed trail is owned by Clean Watex Services,which also is the pri.mary envitonmental
permit authority for the tsail. The trail alignment was defined in the field by the CWS biologist,with the intent of
minim;zing the trail's adverse impact on vegetation and stream water quality. The agenry granted to the City an
easement for the trail's installation based on the biologist's recommendations. Two factors, the need to connect to
the terminus of the existing path and the physical limits imposed by the CWS easement, restrict the applicant's
options in dealing with potential damage to the ash tree. However li.mited; such options do egist and include use
of an air spade or some other non-harmful method of determ�ning the presence and location of anp major roots
within the proposed trail alignment,and,if feasible,altering the trail alignment within the easement area to minimi�e
root da.mage.
The project limits do not include the southem o� eastem portion of the trail extending to the rail co�idox. As
previously indicated,the present project(the pxoject that is the subject of this application) will interconnected with a
proposed 220-foot section of the same trail that has been permitted thxough the City of Tualatin under a 2C"
Tualatin River Trail Sensitive Lands Permit Application Page 14 of 16
CUP2006-10001/SLR2006-10002
Intergovernmental Agreement (IGA) that delegates to Tualatin the authority to review and approve permitting for
�he 220 portion of the trial that lies within the City of Tigard. At its closest point, the path section presendy under
�view is located some 50 feet away from the grove of matuxe, mostly Douglas fix, trees referred to in the comment.
No root damage is likely from 1 foot of excavation at this distance.
FINDING: Construction of the trail could tesult in datnage to the root systems of closeby trees.
CONDITION: Prior to site work, the applicant shall use an aix spade ox some other non-hatmful method for
determining the presence and location of major tree roots within the trail alignment anywhere trees over 6
inches in caliper are located within 30 feet of the edge of pavement Should any roots be detected, the
applicant shall consider altering the trail route within the boundaries of the easement area in order to
minimi�e root damage.
Section VII. AGENCY COMMENTS
Metro, Oregon Deparhnent of Fish and Wildlife, Clean Water Services, the City of Durham, Portland
Western R/R have xeviewed the project an�offeted no comments.
No comments from any of the agencies contacted were received. As described elsewhere in this report, Clean
Water Services has reviemed earlier submittals telated to this project
Section VIII: PRIVATE ORGANIZATION AND CITIZEN COMMENTS
The Tualatin River Keepers, the Fans of Fanno Creek, CPO 4, owners of property within 500 feet of the
�toject,and interested parties wese provided with copies of the project proposal and asked to provide comments.
Two private citizens offered comments.
Jeannot Whittle:
Please remember to place one ox two seats along the path—it is difficult to sit on wet and muddy paths to remove
stones from shoes. A trash can or two would be an asset, cauping packaged animal egcrement on a walk or jog is
not conducive to a pleasant day. Good luck with pour efforts.
Response: The Parks Manager has indicated that park benches and trash containers will be placed along the path
following its completion.
David Baumgarten:
Do not use concrete! It is very bad to run on! Asphalt is much easier on the legs! Besides, the Durham Park tra.il is
asphalt,as are all other trails Qohnson Creek,Fanno Creek) in this metro area. Summary,use asphalt,not concrete,
to pave the trail.
Response: The decision to use concrete was based on the following considexations. The trail is anticipated to be a
high use facility. It will interconnect the major parks of Tigard,Durham, and Tualatin. Concrete has a much longer
life than asphalt It has better durability and is easiei to maintain. The city has experienced rutting and high
maintenance costs in conjunction with the existing trail system,which primarily consists of asphaltic trails. Because
}of its superior performance, the Engineering and Public Works Departments prefer to use conciete on this project.
Tualatin River Trail Sensitive Lands Permit Application Page 15 of 1 G
CUP200G-10001/SLR2006-10002
Additionally, 1 foot of excavation, as opposed to 1 '/z feet of excavation in the case of asphalt,would be required to
construct the trail. Thus, the use of concrete would result in reduced soil damage:
C. A�xi.l 14,2006
PREPARED BY: D e Ro s DATE
A sociat 'lanner �'
�-�J'. A ri114 2006
APPROVED BY: Richazd ewersdorff DATE
Planning Manager
Tualatin River Tzail Sensitive Lands Pe:mit Application Page 16 of 16
CUP2006-10001/SLR2006-10002
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�ommunity Development Plot date:Mar 29,2006;C:4ney...,MAGIC03.APR
NOTICE TO MORTGAC�E,L�NHOLDER,VENDOR OR Sr,LLER ��
'1"HE TIGARD DEVELOPMENTO�DE REQUIItES Tf-�ATIF YOURECEIVE THIS NOTTCE, '�`
IT SI��LL BE PROMP'ILY FORWARL)ED TO THF,PURC�-IASER
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.
.
• ' �
PUBLIC HEARING NOTICE
NOTTC� IS HEREBY GIVEN TF-iAT TI� TIGARD HEARINGS OFFICER, AT A MEETTNG ON MONDAY
APRIL 24, 2006 AT 7:00 PM, IN TT�E TOWN HALL OF T'HE TTGARD QVIC CENTER AT 13125 SW HALI_
BOULEVARD,TIGARD,OREGON97223 WILL GONSIDERTf�FOLLOWING APPLICATION:
FILE NOS.: CONDITIONAL USE PERMIT (CLJP) 2006-10001
SENSITIVE LANDS REVIEW(SLR) 2006-10002
FILE TITLE: TUALATIN RIVER TRAIL
APPLICANT: �ryof Tigard OWNER Qean Water Services
13125 SW Hall Boulevard 2550 SW Hillsboro Hwy.
Tigard,OR 97223 I-�illsboro,OR 97123
REQLJEST: The applicant is requesting Sensitive Lands Review approval to construct a 10-foot-wide
paved, mulu use trail within the floodplain. Tr�ail.s are classified as a community recreation
faciliry. Community recreation facilities require Conditional Use Perinit approval m the R 4.5
zoning district. The trail se�ment is approxunately 1,365 feet in length and �s located entirely
within the 100-yeax floodplain of the Tualatin River. The trail will provide access to the future
Tualatin River Pedestnan Bridge and to the City of Durham and the City of Tualatin trail
systems.
LOCATION: The proposed project is located within the Tualatin River floodplain, east of Cook Park and
west of the Burlington Northern Rail Road corridor. The path will inter-connect the Cook
and Durham Park trail systems. Washington County Tax Assessor's Map 2S114DA, Tax Lot
100.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zoning district is designed to
accommodate detached sin le-family homes with or without accessory residential units at a
miniinum lot size of 7,50� square feet. Duplexes and attached su7gle-family units are
permitted conditionally. Some civic and institut�onal uses are also permitted cond�tionally.
APPLICABLE
RE VIE W
CRITERIA: CommunityDevelopment Code Chapters 18.330, 18.390, 18.510, 18.775 and 18.790.
'I'I-� PUBL.IC HEARING ON T�-IIS MATTER WILL BE CONDUCI�D IN ACCORDANEE WITH 'THE RULES OF
� C�iAPTER 18.390 OF 'THE COMMUIVITY DEVELOPMENT CODE AND RULES OF PRQC�DURES ADOPTED BY
, TH� TTGARD QTY COUNQL AND AVAILABLE AT QTY HALL. s
I
ASSISTIVE LISTEr1ING DEVIC�S ARE AVAILABLE FOR PERSONS WITH INII'AIRED HEARING. THE QTY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPR£TERS AND QUAL.IFIED
BIL.INGUAL IN'I'ERPRETERS LJPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772
(fDD- 'TEL.�COMMLTI�IICATTONS DEVICES FOR TI�DEA�NO LESS"I�IAN ONE WEEK PRIOR TO Tf-�HEARING
TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WuITEN TESTIMONY ON THIS PROPOSF.,, �CTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING.
AT THE PUBLIC HEARING, THE HEARINGS OFFICER WIL,L RECEIVE A STAFF REPORT PRESENTATTON FROM
THE CITY PLANNER,OPEN THE PUBLIC HEARING,AND INVITE BOTH OR.AL AND WRITTEN TESTIMONY. THE
HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN
ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATTON LESS THAN SEVEN (� DAYS PRIOR TO
THE PUBLIC HEARING,ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE'HEARING. IF THERE
IS NO CONTTNUANCE GRANTED AT THE HEARING,ANY PARTICIPANT IN THE F-IEARING MAY REQUEST THAT
THE RECORD REMAIN OPEN FOR AT LEAST SEVEN ('� DAYS AFTER THE HEARING. A REQUEST THAT THE
RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FTRST EVIDENTTARY HEARING(ORS 197.763(6).
INCLUDED IN THIS NOTTCE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUFST FROM THE
TIGARD COMMUNITY DEVELOPMFNT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY 'I�IE HEARINGS OFFICER WII..L BE BASED UPON 'I'��SE CRTTF.RTA AND
THESE CRIT'ERIA ONLY. AT THE HEARING TI'IS Il�iPORTANI'T'HAT CONIl�IENTS RELATING TO THE REQUEST
PERTAIN SPECIFICAI.LY TO TT�APPLICABLE CRTTF.RiA LIST'ED. ,
FAiLURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HF.ARTNG ON THE REQUEST ACCOMI'ANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AN OPPORT'UNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND
USE BOARD OF APPEAIS BASED ON TT�AT ISSUE.
ALL DOCUMENTS AND APPLICABLF CRITERIA IN THE ABOVErNOTED FILE ARE AVAII.ABLE FOR INSPECTTON
AT NO COST OR COPIFS CAN BE OBTAINED FOR TWENT'Y-FIVE CENTS (25C) PER PAGE, OR THE CURRENT
R.ATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (� DAYS PRIOR TO THE
HEARING,A COPY OF THE STAFF REPORT WILI.BE AVAILABLE FOR INSPECTION AT NO COST,OR A COPY CAN
BE OBTAINED FOR TWF.N'I'Y-FIVE CENTS (25C) PER PAGE, OR THE CURREN'I'RATE CHARGED FOR COPIES AT
THE TIME OF TT�REQUEST.
FOR FURTHER INFORMAT'ION PLEASE CONTACT THE STAFF PLANNER DUANE ROBERTS AT (503) 639-4171,
TTGARD CITY HAI.L, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO
duaneC�a,ti�ard-or.gov.
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' ' ' HEARINGS �FFICER
_ MONDAY-APRIL 24, 2006 - 7:00 PM ��
Assistive Listening Devices are a�-ailablc f�n- �crsons ���ith impaired hc:aring and shc�uld bc schccluled for Hearings Officer meetings
by noon on the Friday prior to the meeting. Please call �03-639-4171, Ext. 2438 (voice) or 503-68�2772 (TDD -
Telecommunicarions Devices for the Dea�. Upon request, the City will also endeavor to arrange for qualified sign language
interpreters for persons with speech or hearing unpainnents and qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much.lead time as possible. To
request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting
date at the same phone numbers listed above so that we can make the appropriate arrangements.
Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard
Staff reports are available to the public 7 days prior to the hearing date
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 TUALATIN RIVER TRAIL PROJECT
CONDITIONAL USE PERMIT (CUP) 2006-10001
SENSITIVE I.�NDS RE�'IEW (SLR) 2006-10002
REQUEST: The Ciry, as applicant, is requesting Sensitive Lands Review approval to construct an
8-foot-wide paved, multi-use trail with floodplain. The trail segment is appro�xnately 1,100 feet in
length and is located entirely within the 100-year floodplain of the Tualatin River. This trail
segrnent will connect with a 220-foot section of the same trail that was perxnitted through the City
of Tualatin. Under a 2004 Intergovernmental Agreement (IGA), the City delegated to Tualatin the
authority to review and approve permitting for the 220 portion of the trial that lies within the Ciry
of Tigard. The trail will provide access to the future Tualatin River Pedestrian Bridge and to the
City of Durham and City of Tualatin trail systems. Thc project will temporarily impaet 6,245 square
feet of the 125-foot vegetated corridor due to construction staging and will permanendy impact
8,520 square feet of vegetated corridor as a result of the trail construction. The project is located
entirely within the floodway.
LOCATION: The proposed project is located within the Tualatin River Floodplain, east of Cook
Park and west of the Burlington Northern Rail corridor. The path will inter-connect the Cook and
Durham Park trail systems. WCTM 2S114DA, Tax Lot 100.
Page 1 of 2
, •
ZONE: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted
conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: Communiry Development Code Chapters 18.330, 18.390, 18.510, 18.775
and 18.790.
3. OTHER BUSINESS
4. ADJOURNMENT
Page 2 of 2
Agenda Item: 2.1
Hearin Date: A ril 24 2006 Tune: 7:00 PM
STAFF REPORT TO THE „
HEARINGS OFFICER °
FOR THE CITY OF TIGARD, OREGON � ' �
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: TUALATIN RIVER TRAIL PROJECT
CASE NOS.: Conditional Use Permit CUP2046-10001
Sensitive Lands Review (SLR) SLR2006-10002
PROPOSAL: The City, as applicant,is requesting Sensitive Lands Review approval to construct an 8-foot-
wide paved, mulri-use trail with floodplain. The trail segm ent is appro�mately 1,100 feet in
length and is located entirely within the 100-year floodplain of the Tualatin River. At its
eastern ternunus, the segment will connect a 220-foot section of the same trail. This 220-
foot section lies within the City of Tigard, but has been permitted through the City of
Tualatin. Under a 2004 Tualatin River pedestrian bridge Intergovernmental Agreement
between the Cities of Tualatin, Tigard, and Durham, Tigard dele�ated to Tualatin the
authoxity to review and approve all permitting for this 220 foot secuon of the larger trial.
The completed trail, consisting of the Tigard-reviewed and Tualatin-reviewed sechons, will
�rovide access to the futute Tualatin River Pedestrian Bridge and to the City of Durham and
ity of Tualatin trail systems. The present,Tigard-reviewed project, will temporarily impact
6,245 square feet of the 125-foot vegetated comdor due to construction staging and will
pertnanendy unpact 8,520 square feet of vegetated corridor as a result of the trail
construcrion.
APPLICANI': Ci of T��ga.rd OWNER Ci of T��gard
13125 SW Hall Blvd. 13125 SW Hall Blvd.
Tigard, OR 97223 Tigard, OR 97223
LOCATION: The proposed project is located within the Tualatin River Flood�lain, east of Cook Park and
west of the Burltngton Northem Rail corridor. The path will inter-eonnect the Cook and
Durham Park trail systems. WCTM 2S114DA,Tax Lot 100.
ZONING: R-4.5: Low Density Residenrial Distric� The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential ucuts at a
minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institut�onal uses are also permttted condinonally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.775 and 18.790.
SECTION II. STAFF RECOMMENDATION '
Tualatin River Trail Sensitive Lands Permit Application Page 1 of 17
CUP2006-10001/SLR200G-10002
Sta.ff recommends that the Hearings Officer find that a portion of proposed pedestrian trail will not adversely affect
the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code.
Therefoxe, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED �
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
Submit to the Planning Department (Duane Roberts, 639-4171, ext. 2444) for review and approval:
1. Prior to site work, the applicant shall provide a revised tree protection plan. No site work shall begin until
appxopriate tree fencing/demarcation has been installed on site to clearly identify tree protection areas and
construcrion perimeters. Tree protecrion must be installed and inspected by the City's Arborist,Matt Stine
2. Prior to site work, the applicant shall use an aix spade or some other non-harmful method for deter*„ining
the presence and location of major tree roots within the trail alignment anywhere trees over 6 inches in
caliper are located within 30 feet of the edge of pavement. Should any toots be detected, the applicant shall
consider altering the trail route within the boundaries of the easement area in order to minitnize root
damage.
3. Priox to site work, the applicant shall meet the conditions of Clean Water Services Service Provider Letter
file #OS-004508.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information and Pro�osal Descri�tion:
The City proposes to construction an 8-foot wide, 1,100-foot long river-side recreational trail connecting the City's
79-acre Cook Park to the future Tualatin River Pedestrian Bridge. The trail segment is part of a long standing,
three-city sttategy to construct a pedestrian bridge over the Tualatin River that will interconnect the ttail systems
and majox parks of the adjoining Cities of Tigard,Tualatin, and Durham. The proposed segment is identified in the
1983 and still current Tigard Comp�henszve Plan and in the 1999 and still current Tigard Park System Master Plan, both
developed with extensive pubic involvement. The trail segment also is identified as "regionally significant" on the
Metro Region Trail Map.
In addition to serving as a connecting approach to the bridge, the proposed trail wil], expand the local recreational
opportunities available to community residents and other trail users. These opportunities will include, among
others, access to picturesque views of the Tualatin River and the 40-acre Clean Water Services Durham wildlife area,
which is a winter home to a sizeable flock of mixed dabbling ducks and geese. These opportunities will contribute
to promoting a healthy lifesryle, encouraging non-motorized transportation, and enhancing quality of life in a
heavily populated area.
The site is located along the Tualatiq River between Cook Park and the Burlington Northern Rail corridor. The
land through which the trail is proposed to travel is owned by Clean Water Services (CWS), which has provided to
the City a 25-foot-wide trail easement. The alignment was walked and laid out by agency staff. The stream banks of
Tualatin River Trail Sensitive Lands Permit Application • Page 2 of 17
CUP2006-10001/SLR2006-10002
the Tualatin River are steeply incised in the vicinity of the trail alignment. Wetlands are located inland and some
175 to 350 feet from the trail edge. The gently sloping property through which the trail is proposed to extend is
covered along its entire route with pasture grasses, including bentgrass, tall fescue, and meadow foxtail.
Enhancement of the vegetated corridor along the river by CWS within recent��ears has included the planting of red
alder, western red cedar, big-leaf maple, Douglas fir, and Oregon ash. Shrub plantings are present nea.r the
upstream end of the trail aligrunent. These include vine maple, snowberry, and oceanspray. Native vegetation
remains in an area along the downstream portion of the trail. A notable stand of Douglas fir and Oregon ash is
found in this area. The impact of the trail on vegetarion is mainly to pasture grasses and fescue. The a��nent
minimi7es riparian impact by preserving all existing trees. No wetlands are disturbed.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
A sutnxnary of the applicable criteria in this case in the Chapter order in which they are addressed in this staff report are
as follows:
A. Decision Making Procedures
. 18.330 (Condirional Use)
B. Zoning Districts
18.510 (Residential Zoning Districts)
C. Stiecific Development Standards
18.775 (Sensirive Lands) �
18.790 (Tree Removal)
D. Impact Stud�
18.390
The proposal contains no elements related to the provisions of Code Chapters: 18.705 (Access, Egress & Circulation),
18.715 (Density Computations), 18.720 (Design Compatibility), 18.725 (Envitonmental Perforn�ance Standards},18.730
(Exceptions to Development Standards), 18.742 (Home Occupations), 18.750 (Manufactured/Mobile Home
Regulations), 18.755 (Mixed Solid Waste&Reryclable Stoxage} 18.765 (Off-Street Patking and Loading Requirements),
18.760 (Nonconforniing Situations), 18.780 (Signs), 18.785 (Temporary Uses,), 18.795 (Visual Clearance)„ and 18.798
(Wireless Communication Facilities). These Chapters are,therefore,found to be inapplicable as approval standards.
SECTION V.APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
A. DECISION MAKING PROCEDURES
This application includes a request for a Conditional Use approval of a Community Recreation use within a
Residential Zoning Disttict. The Conditional Use criteria are listed below, along with a discussion of how each
applies to the pxoject under review.
A. Approval Standards. The Hearings Officer shall approve with conditions, or deny an application for a
cond.itional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the
following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use.
Tualatin River Trail SensiCive Lands Pernut Application Page 3 of 17
CUP2006-10001/SLR2006-10002
The site size and dimensions are adequate to accommodate a trail. Clean Water Service standards
relating to the installation of a trail within the riparian area have been met, and the agency has issued
a Service Provider Letter for the project(March 6, 2006, File #05-004508). This letter is included in
the project file.
2. The impacts of the proposed use of the site can be accommodated considering size, shape,
location, topography, and natural features.
This criterion is addressed under the Sensitive Lands section of this proposal. '
3. All required public facilities have adequate capacity to serve the proposal.
No other public facilities are affected by the trail.
4. The application requirements of the zoIllIlg district are met except as modified by this chapter.
The zoning of the land through which the trail extends is R-4.5. Community Recreation is a
Conditional Use within this zoning district No other requirements of the district apply to this
proposal.
5. The applicable requirements of 18.330.050.
The requirements contained in this section are addressed separately below.
6. The supplementary requirements set fotth in other chapters of tlus code including but not
limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are
met.
No signs are included within this proposal. None of the supplementary requirements of 18.360
apply to this proposal. The application does not involve a minor or major modification to approved
plans or existing development. No exceptions to standards are sought. .
B. Conditions of apptoval. The Hearings Officer may impose conditions on the approval of a conditional
use,which are found necessary to ensure the sue is compatible with other uses in the viciniry, and that the
impact of the proposed use on the surrounding uses and public facilities is min�mi�ed. These conditions
may include,but are not limited to the following:
1. Limiting the hours,days,place and/or manner of operation.
City rules governing the public use of greenway trails prohibit littering and require the removal of
dog waste. Unlike parks, the hours of use are not limited to daylight hours.
2. Requiring design features which min.imize environmental impacts such as noise, vibration, air
pollution, glare, odor and/or dust.
The environmental regulations applicable to this project axe addressed elsewhere in this pxoposal.
3. Requiring additional setback areas, lot area, and/or lot depth or width. �
Tualatin River Trail Sensitive Lands Pezmit Application Page 4 of 17
CUP2006-10001/SLR200G-10002
Not applicable. The proposal does not create any new lots. Setbacks are addressed under Sensitive
Lands xequirements elsewhere in this report.
4. Limiting the building height, size or lot coverage, and/or location on the site
Not applicable. No buildings are proposed as part of this project.
5. Designating the size, number, location andJor design of vehicle access points.
Not applicable. The project does not include vehicular access.
6. Requiring street right-of-way to be dedicated and street(s )to be improved. .
Not applicable.
7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas.
Not applicable. No loading areas are proposed. •
8. Limiting the number, size, location,height and/or lighting of signs.
Not applicable. No signs are proposed.
9. Limiting or setting standards for the location and/or intensity of outdoor lighting.
Not applicable. No outdoor lighting is proposed.
10. Requiring berms, screening or landscaping and the establishment of standards for their
installation and maintenance.
Not applicable. No berms are proposed. Fill is prohibited within the floodplaiu of land zoned for
residential use. Natural area landscaping requirements are addressed under the Sensitive Lands
section of this proposal.
11. Requiring and designing the size,height, location and/or materials for fences.
Not applicable. No fencing is proposed. The placement of fences is prohibited in both the
Vegetated Cor�dor area and in the floodwap. The 25-foot trail easement area is located entirely
within the floodway and partially within the Vegetated Corridor area.
12. Requ.iring the protection and preservation of existing trees, soils, vegetation, watercourses,
habitat areas and/or drainage areas.
The environmental impacts of the trail ase addressed under the Sensitive Lands section of this
proposal.
Tualatin River Trail Sensitive Lands Pezmit Application Page 5 of 17
CUP2006-10001/SLR2006-10002
13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the
floodplain when land form alterations and development are allowed within the 100-year floodplain.
The development proposed is a greenway trail. The land through which the trail will travel is
owned by Clean Water Services, which has provided an easement for the trail project (Recording
#2004-14017 312/09/2004).
14. Requiring tl�e constnxction of a pedestrian/bicycle pathway within the floodpla.in in
accordance with the adopted pedestrian/bicycle pathway plan.
A pedestrian/bicycle trail is the subject of this proposal.
18.330.050 Additional Development Standards for Conditional Use Types
050-5. Community Recreation and Parks:
a. All building setbacks shall be a minimum of 30 feet from any property line.
Not applicable. The proposed project does not include the construcrion of any buildings.
b. There are no off-street parking requirements, except that five automobile parking spaces
are required for a dog park or off-leash area with a fenced area of one acre or more . . .
Not applicable. The proposed project does not include the construction of a dog patk.
18.765.080 Off-Street Load.ing Requirements
Pursuant to the Table 18.765.2, minimum and maximum off-street vehicular and bicycle parking
requirements apply to Community Recreation. These standards are all based on.the floor a.tea of the
proposed use. As such, the standards are not applicable here. The proposed project does not involve the
construcrion of anp recreational or other structures.
FINDING: The trail is a conditional use with the residential zoning districts. The trail proposal meets all of the
Tigard Community Development Code standards pertaining to Community Recrearion uses within residenrial
zoning districts and to Off-Street Parking and Loading Requirements. •
B. ZOI�TING DISTRICTS
This application includes a request to install a trail with a Residential Zoning District. Use Table 18.510.1 lists
Community Recrearion as a condirional Use in the R-4.5 zoning district. The specific condirions and approval
criteria related to this use are listed in the Conditional Use chapter of the Tigard Community Development Code.
These are addressed in the Condirional Use section of this report.
C. SPECIFIC DEVELOPMENT STANDARDS
18.775 SENSITIVE LANDS
18.775.070 B (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 encroachments, including fill, new
Tualatin River Trail Sensitive Lands Permit Application Page 6 of 17
CLTP2006-10001/SLR2006-10002
construction, substantial unprovements and other development unless certified by a registered
professional engineer that the encroachment will not result in any increase in flood levels during the base
flood discharge;
The trail has been designed to avoid an increase in the zexo-foot rise floodway. The finish elevation will be
at existing grade. Construction will involve excavation and placement of 4 inches of gravel base below
grade followed by the placement of an additional S inches of concrete up to existing grade. The application
submittals include a letter dated March 16, 2006, signed Agustin P. Duenas, P.E., certifying that
construction of the trail will not result in a.ny increase in flood levels during the base flood discharge.
18.775.070 B 2. Land form alterations or developments within the 100-year Qoodplain shall be allowed only
in areas designated as commercial or industrial on the comprehensive plan land use map, except that
alterations or developrnents associated with community recreation uses, utilities, or public support
facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas
designated residential subject to applicable zoning standards;
No land forrri alterations are proposed. The paved trail does meet the definition of development as used in
18.775.020.7. As a community recreational use, the trail is allowed as a conditional use on the site,which is
zoned residential (R-4.5).
18.775.070 B 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 proposed trail is located entirely wit�un the 100-year floodplain. The fuush elevation of the trail will be
at e�usting grade. A registered professional engineer has certified that construcrion of the trail will not result
in any increase in flood levels.
18.775.070 B 4. The land form alteration or development plan includes a pedestriaq/bicycle pathway in
accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is
deemed by the Hearings Officer as unti.mely;
The proposed development is a segment of the Tualatin River Trail designed in accordance with the City's
pedestrian/bicycle plan.
18.775.070 B 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the
elevation of an average annual flood;
The subject tcail segment will be above the elevation of the average annual flood. The trail is located beyond
the top of bank of the Tualatin River which is above the elevation of the avera�e annual flood. The
elevation of the t�ail varies form 116 to 119 feet According to engineering models, the elevation of the
average annual flood is expected to be confined below the top of bank, which is approximately a uniform
110 feet in elevation within the project area.
18.775.070 B 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of
State Lands, and CWS permits and approvals shall be obtained; .
The trail project is located above the top of bank of the Tualatin River and outside delineated wet]and areas
located on the CWS-owned property. The trail alignment does not interfere with any wetlands or stream
Tualatin River Trail Sensiuve Lands Pennit Applicauon Page 7 of]7
CUP2006-10001/SLR2006-10002 •
channel. Therefore, no wetland permit is necessary fxom the U.S. Army Corps of Engineers or the Oregon
Department of State Lands. A required Service Provider Letter has been obtained for the project from
Clean Water Services (March 6, 2006, File #05-004508).
18.775.070 B 7. Where land form alterations and/or development are allowed within and adjacent to the
100-year floodplain, the City shall require the consideration of dedication of sufficient open land area
within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include
portions �f a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain
in accordance with the adopted pedestrian/bicycle pathway plan.
The project will be constructed on an open space area owned by Clean Water Services. This area is
undergoing restoration by the agency as a narive oak savanna. The trail project carries out the city's adopted
pedestrian/bicycle pathway plan by installing a segment of the trail identified in the plan.
18.775.090: Special Provisions for Development within Locally Significant Wedands and along the Tualatin
River, Fanno Creek, Ball Creek, and South Fork of Ash Creek .
A. In order to address the requirements of Statewide Planning Goa15 (Natural Resources) and the
safe harbor provisions of the Goa15 administrative rule (OAR 666-023-0030) pertaining to wetlands,
all wetlands classified as signiScant on the City of Tigard "Wetlands and Streams Cotridors Map"
are protected. No land form alterarions or developments are allowed within or partially within a
significant wetland, except as allowed/approved pursuant to Section 18.775.130.
The project does not include any development within a significant wetland. Wetland F-21 is mapped to the
south of the proposed trail alignment, and wetlands F-19 and F-26 are mapped to the north of the proposed
trail aligtunent on the City of Tigard "Wetlands and Streams Corridors Map". These wedands were
delineated as part of the development of the Cook Park Master Plan. The trail alignment at its nearest
point is located 175 feet from F-26, the wetland closest to the trail alignment. According to Clean Water
Service maps, the xequired setback around the wetland is 50 feet. Therefore,this requirement is met.
B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the
safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to ri arian
comdors, a standard setback distance or vegetated comdor area, measured horizontally &om and
parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and
the South Fork of Ash Creek.
1. The standard width for "good condition" vegetated corridors along the Tualatin River is
75 feet, unless wider in accordance with CWS "Design and Construction Standards", or
modified in accordance wit6 Section 18.775.130. If all or part of a locally significant wetland
(a wetland identified as significant on the Ciry of Tigard "Wedands and Stteams Cotridors
Map") is located within the 75-foot setback area, the vegetated comdor is measured from
the upland edge of the associated wetland.
Clean Water Services requires a 125-foot vegetated corridor adjacent.to the Tualatin River.
This exceeds the 75-foot corridor established under Goal 5. The majority of the 125-foot
vegetated conidor was determined to be in degraded or marginal condition according to
Clean Water Services standards. A portion of the vegetated corridor was determuied to be
in good condition; however, the good condition area is less than 125 feet wide. The
Tualatin River Trail Sensitive Lands Permit Application ' Page 8 of 17
CLTP200G-10001/SLR2006-10002
applicant proposes to restore all substandard portions of the 125-foot corridor to good
condition. Minor encroachments into the vegetated corridor are proposed. No
encroachments are proposed in the portion of the vegetated corridor determined to be in
good condirion. A natural resource assessment, a vegetated corridor restorarion plan, and a
vegetated corridor mirigation plan related to the encroachments, all dated 10/21/2005, ha�-e
been approved by Clean Water Services (March 6, 2006, File #05-004508). Thexefore, this
requirement is met.
2. The standard width for "good condition" vegetated comdors along Fanno Creek, Ball
Creek, and the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS
"Design and Construction Standards", or modified in accordance with Section 18.775.130. If
all or part of a locally significant wetland (a wedand identified as significant on the Ciry of
Tigard "Wetlands and Sueams Comdors Map") is located within the 50 foot setback area,
the vegetated corridor is measured from the upland edge of the associated wedand.
Not applicable. The site is not adjacent to Fanno Creek,Ball Creek ox the South Fork of Ash
Creek.
3. The minimum width for "marginal or degraded condition" vegetated comdots along the
Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the
standard width, unless wider in accordance with CWS "Desigri and Construction
Standatds", or modi5ed in accordance with Section 18.775.130.
The majority of the vegetated comdor has been deternuned to be in degxaded or marginal
condirion based on Clean Water Services standaxds. Clean Watex Services requires a 125-foot
vegetated corridor adjacent to the Tualatin River "where possible." If not possible, agency
standards allow a path to be located in the outermost 40% of the vegetated corridor. These
provisions exceed the 38-foot minimum width requirement contained in 18.775.130. Minor
encroachments into the degraded condition vegetated corridot are proposed to construct the
trail. The applicant proposes to enhance the corridor to good condition. A natural resource
assessment and vegetated corridor plan have been approved for the project by Clean Water
Services. Therefore, this requirement is met. �
4. The determination of corridor condition shall be based on the Natural Resource
Assessment guidelines contained in the CWS "Design and Construction Standards".
The detertni.nation of the vegetated comdor condition is in accordance with Clean Water
Services Design and Construction Standards, Resolution and Order #04-9, March 2004.
The agenry has issue a Service Provider letter (March 6, 2006, File #OS-004508) based on an
approved Natural Resource Assessment and restoration plan.
5. The standard setback distance or vegetated corridor area applies to all development
proposed on property located within or partially within the vegetated.comdors, except as
allowed below:
Roads, pedestrian or bike paths crossing the vegetated comdor from one side to the other in
order to provide access to the sensitive area or across the sensitive area, as approved by the
City per Section 18.775.070 and by CWS "Design and Construction Standards";
Tualatin River Trail Sensitive Lands Permit Application Page 9 of 17
CUP2006-]0001/SLR2006-10002
Not applicable. The trail segment to be permitted and constructed by the City of Tiga.rd will
not cross the vegetated corridor from one side to the other. At its western or Cook Park
end and for a distance of appro�mately 75 feet, the trail does cross into the vegetated
corridor in order to connect with the terminus of the existing Tualatin River trail segment.
This encroachment has been approved by CWS in the service provider letter noted above.
Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone,
gas, cable, etc.), if approved by the Ciry and CWS; �
Not applicable. No infrastructure construction is proposed.
A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design and
Consttuction Standards"; .
The path is 8 feet in width with 1 foot shoulders on either side and meets Clean Water
Services Design and Construction Standards.
Grading for the purpose of enhancing the vegetated corridor, as approved by the City and
CWS; �
Not applicable. No grading within the vegetated corridor for enhancement purposes is
proposed.
Measures to remove or abate hazards, nuisances, or fire and life safety violations, as
approved by the regulating jurisdiction;
Not applicable. No such measutes are included in the project wotk scope.
Enhancement of the vegetated corridor for water qualiry or quantity bene5ts, fish, or wildlife
habitat, as approved by the City and CWS; -
Enhancement of the vegetated comdor is part of the project work scope. The proposed
enhancement is required by CWS standards,is not a stand-alone project,and is exempt.
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures,
roadways, driveways, utilities, accessory uses, or other developmenfs provided they are
consistent with City and CWS regvlations, and do not encroach further into the vegetated
comidor or sensitive area than allowed by the CWS "Design and Construction Standards.
Not applicable to this project. No such measures ase proposed.
6. Land form alterations or developments located within or partially within the Goal 5
safeharbor setback or vegetated comdor areas established for the Tualatin River, Fanno
Creek, Ball Creek, and the South Fork of Ash Creek that rneet the jurisd.ictional
requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Division of
State Lands, and/or other federal, state, or regional agencies, are not subject to the
provisions of Section 18.775.090.B, except where the: �
Tualatin Rivez Trail Sensitive Lands Pemut Application Page 10 of 17
CUP2006-10001/SLR200G-10002
Land form alterations or developments are located within or partially within a good condition
vegetated corridor, as defined in Sections 18.775.090.B.1 and 18.775.090.B.2;
Not applicable. The proposed trail is not located within a good condition vegetated coxridor. The
portion of the vegetated corridor affected by the project is in degxaded condition.
Land form alterations or developments are located within or partially within�the minimum width
area established for marginal or a degraded condition vegetated corridor, as defined in Section
18.775A90.B.3.
No encroachments wit�un the Safeharbor "minimum width area of 38 feet of top of bank, as this
applies to the Tualatin River, are proposed. .
FINDING: The trail is a conditional use within the residential zoning districts. The vegetated corridox proposal
meets the City and CWS site-specific standards established for vegetated corridors.
CONDITION: The applicant shat carry out the vegetated corridor plan as reviewed and app�oved by CWS.
18.790 TREE REMOVAL
A. Tree plan required. A tree plan for the planting, removal, and protection of trees prepared by a
certified areborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size, and species of all existing uees includ.ing designation as
signiScant by the city; �
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 18.790.060D in accordance with the
following standards and shall be exclusive of trees required by other development code provisions
for landscaping, streets and parking lots:
a. Retention of less that 25% of existing trees over 12 inches in caliper requires a mitigation
program in accordance with Section 18.790.060D of not net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be remove be mitigated in accordance with Section 18.790.060.D;
c. Retention of from 50% to 75% of existing trees over 12 inches in caliper required that 50%
of the uees to be removed be mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
3. Identification of all trees which are proposed to be removed.
Tualatin River Trail Sensitive Lands Permit Application Page 11 of 17
CUP200G-10001/SLR2006-10002
4. A protection program defining standards and methods that will be used by the applicant
to protect trees during and after construction.
C. Subsequent tree removal. Trees removed within the period of one year to a development
application listed above will be inventoried as part of the tree plan above and will be replaced
according to Section 18.790.060D. �
All trees located wit�un 40 feet of the trail route have been mapped. No ttees over 12 inches in caliper are
proposed for removal. A tree protection plan prepared by a certified arborist has been submitted. The
plan conforms to the xequirements of 18J90.030. It identifies the locarion, size, and species of all e�sting
trees over 6 inches in calipex, including trees designated as significant by the city. It.includes a progra:n to
�save e�sting trees over 12 inches in caliper. Also included is a protection program defining standards and
methods that will be used by the applicant to protect trees during and after construction.
Site vegetation in the proposed trail aligiunent consists predominandy of non-narive grasses including
bentgrass, meadow foxtail and tall fescue. Enhancement of the vegetated corridor along the Tualatin River
has carried out by Clean Water Services withixi the last few years. Tree plantings wlthin the southern and
western portions of the field closest to the Tualatin River included red alder, western red cedar, big-leaf
maple, Douglas fir and Oregon ash. Tree plantings further north and east from the river included Douglas
fir, big-leaf maple, Oregon white oak and ponderosa pine. 'I'he trail aligilment has been located to minimi�e
impacts to recent enhancement plantings on the site. The locations of enhancement plantings in close
proximity to the proposed trail alignment in the west portion of the site were surveyed by the City of Tigard
and are shown on the construction drawings. Prior to the start of construction, 3 1-inch caliper
enhancement plantings located witivn the construction easement will be xelocated outside the construction
comdor.
FINDING: Based on the above analysis, the Tree Removal standards will be met, if the applicant complies with
the condition listed below. �
CONDITION: Pxovide a copy of the tree protecrion plan, which must be reviewed bp the City Arborist, Matt
Stine. Tree protection must be installed and inspected bp the City Arborist prior to site work.
D. IMPACT STUDY �
Impact studies are required under 18.390.050 B.2.(e) Type III application types. The impact study criteria are listed
below, along with a discussion of how each applies to the project under discussion.
18.390.050 B.2(e) The impact study shall quantify the effect of the development on.public facilities and
services. The study shall address at minimum, the transportation system, including bikeways, the
drainage system, the parks system, the water system, the sewer system, and the noise impacts of the
development. For each public facility system and type of impact, the study shall propose improvements
necessary to meet City standards and to minimize the impact of the development on the public at large,
public facilities systems, and affect private property users.
Transportation system
Tualatin Rivez Trail Sensitive Lands Permit Application Page 12 of 17
CUP200G-10001/SLR200G-10002
Transportation system
The pxoposed trail project will not impact the transportation system. The proposed trail is not
located adjacent to any xoadways.
Bikeways
Along with the 220-foot section permitted by the city of Tualatin, the proposed trail will fill the gap
between the Cook Park and Durham trail systems. The trail segment will result in increased
recreational opportunities for community residents and will provide access to Cook Park, Tualatin
Community Park, and Durham City Park.
Drainage system
The construction of the trail will result in an 8,520 square foot increase in imper��ious area on the
site. Stormwater runoff from the trail will flow into the vegetated corridor adjacent to the Tualatin
River. The vegetated corridor will provide treatment fox runoff from the txail. No additional water
quality treatment or detention is proposed for trail runoff, because the increase in impervious
surface is small and no inputs of pollutants are anticipated. This is because the majority of trail users
will be pedestrians and bicyclists. Therefore, the trail is not e�ected to have a negative impact on
the drainage characteristics or watet quality of the Tualatin River.
Parks system
The proposed trail will fill a gap in the trail network. The trail will result in improved recreational
opportunities for community residents and will provide access to Cook Park, Tualatin Communiry
Park and Durham City Park as well the greenway along the Tualatin River.
Water system
No water lines are located within the project alignment; therefore, the project will have no impact
upon the water system.
Sewer system
No sewer lines are currendy located within the project a�fl„ment; therefore, the project will have o
impact upon the sewer system.
Clean Watex Services has developed a plan to construct an outfall from the Durham Wastewater
Treatment Plant to the Tualatin River. The City of Tigard Engineering Departtnent has coordinated
with Clean Water Services during the design of the Tualatin Rivet trail project to ensure that
construction of the trail will not adversely impact future agency outfall projects.
Noise impacts of the development
Construction of the trail will result in a short-term increase in noise levels due to the presence of
construcrion equipment. The proposed t�ail is located appro�mately 0.25 mile from the nearest
residential neighborhood. It is unlikely that the construcrion noise will pose more than a very minor
temporary impact to nearby residents.
Regular use of the trail will have the usual low noise levels associated with si�ular sized recreational
facilities. Since the project area currendy contains a dirt footpath that is regularly used for
recrearional purposes, tlie project is not expected to result in an increase in noise over current levels.
Tualatin Rivez Trail Sensiuve Lands Permit Application Yage 13 of 1G
CUP200G-10001/SLR2006-10002
FINDING: The applicant has included an impact study that adequately addresses the project's impact on the
various pubic facility systems.
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Building Division and the Long Range Planning, Engineering, and Police
Departments have reviewed the project and have offered no objections to it.
The City of Tigard Public Works Department has reviewed the proposal and has provided the following
comments:
To avoid major detrunental impacts to ea�isting mature ttees, especially in the northwest porrion of the project, the
trail should be built on top of the existing grade with geotextile fabric placed between the top of existing grade and
the base for the path/sidewalk. The same precautions should be implemented at the southem portion of the
project where the path goes along the northern boundary of mature trees.
Response:
Witivn the northwest of Cook Pa.rk portion of the path, onlp one mature tree, a 28-inch ash sited 14 feet from the
edge of path, is located within the vicuuty of the trail. The next closest big tree, a 36-inch Douglas fir, is located
some 100 feet from the edge of path. Ash trees ase known to have wide root bases. Some of the roots of the ash
tree in question may be damaged by the pathway construction. According to the technical specifications for the
project, one foot of excavation is required to install the trail. This includes 8 inches of base rock and 4 inches of
concrete. According to the Engineering Department, the alternative of placing the trail on top of e�sting grade
itself would requite 6 inches of excavation or "stripping" in order to create a level surface. The conclusion
reached by the City Arborist is that some portion of the ash tree's root system could be damaged by the 1 foot of
excavation some 14 feet from the base of the ash tree. The tree under discussion is located 11 feet north of the
existing pathway to which the new pathwap will connect At its nearest point, the new pathwap would be located
14 feet from the same tree.
Placing the trail on top of existing grade would result in fill in the floodplain,which would require an off-setting cut
elsewhere and certification by a registered professional engineer that the fill/cut will not result in any increase in
flood levels during the base flood discharge. Staff concludes that the Public Works Department recommendation
pertaining to placing the northwest path section on top of the existing grade is undulp burdensome.
The land undemeath the proposed trail is owned by Clean Water Services,which also is the primary environmental
pertnit authority for the trail. The trail alignment was defined in the field by the CWS biologist, with the intent of
mi„imi7ing the trail's adverse impact on vegetation and stream water quality. The agenry granted to the City an
easement fot the trail's installation based on the biologist's recommendations. Two factors, the need to connect to
the tert�unus of the existing path and the physical limits imposed by the CWS easement, restrict the applicant's
options in dealing with potenrial damage to the ash tree. However limited; such options do exist and include use
of an air spade or some other non-harmful method of detertnuung the presence and location of anp major roots
within the proposed trail aligxunent, and,if feasible,altering the trail alignment within the easement area to rrLn;mi�e
root damage.
The project limits do not include the southern or eastern portion of the trail extending to the ra.il corridor. As
previously indicated,the present project(the project that is the subject of this application) will interconnected with a
proposed 220-foot section of the same trail that has been permitted through the City of Tualatin under a 2004
Tualatin River Trail Sensitive Lands Permit Application Page 14 of 16
CUP2006-10001/SLR2006-10002
Intergovernmental Agreement (IGA) that delegates to Tualatin the authority to review and approve permitting for
the 220 porrion of the trial that lies within the City of Tigard. At its closest point, the path section presently under
review is located some 50 feet away from the gYOVe of mature, mosdy Douglas fir, trees referYed to in the comment.
No root damage is likely from 1 foot of excavation at this distance.
FINDING: Construction of the trail could result in damage to the root systems of closeby trees.
CONDITION: Prior to site work, the applicant shall use an air spade or some other non-harmful method for
determining the presence and location of major tree roots within the trail alignment anywhere trees over 6
inches in caliper axe located within 30 feet of the edge of pavement. Should any roots be detected, the
applicant shall consider altering the trail route within the boundaries of the easement area in order to
minimi�e root damage.
Section VII. AGENCY COMMENTS
Metro, Oregon Department of Fish and Wildlife, Clean Water Services, the City of Durham, Portland
Western R/R have xeviewed the project and offered no comments.
No cominents from any of the agencies contacted were received. As described elsewhere in this report, Clean
Watex Services has reviewed earliex submittals related to this project.
Section VIII: PRIVATE ORGANIZATION AND CITIZEN COMMENTS
The Tualatin River Keepers, the Fans of Fanno Creek, CPO 4, owners of property within 500 feet of the
project, and interested parties were provided with copies of the project proposal and asked to pxovide comments.
Two private citizens offered comments.
Jeannot Whittle:
Please remembex to place one or two seats along the path— it is difficult to sit on wet and muddy paths to remove
stones from shoes. A trash can ox two would be an asset, carrying packaged ani.mal excrement on a walk or jog is
not conducive to a pleasant dap. Good luck with your efforts.
Response: The Paxks Manager has indicated that park benches and trash containexs will be placed along the path
following its complerion.
David Baurngarten:
Do not use concrete! It is very bad to run on! Asphalt is much easier on the legs! Besides, the Durham Park trail is
asphalt,as are all other trails Qohnson Creek, Fanno Creek) in this metro azea. Summary,use asphalt, not concrete,
to pave the trail.
Response: The decision to use concrete was based on the following considerations. The trail is anticipated to be a
high use facility. It will interconnect the major parks of Tigard,Durham, and Tualatin. Concrete has a much longer
life than asphalt. It has better durability and is easier to maintain. The city has experienced rutting and high
maintenance costs in conjunction with the existing trail system,which primarily consists of asphalric trails. Because
of its superior performance, the Engineering and Public Works Departrnents prefer to use concrete on this project.
Tualatin River Trail Sensirive Lands Pemiit Application Page 15 of 16
CUP2006-10001/SLR2006-10002
Additionally, 1 foot of excavarion, as opposed to 1 '/2 feet of excavarion in the case of asphalt,would be required to
construct the trail. Thus, the use of concrete would result in reduced soil damage.
!���
A�ril 14, 2006
PREPARED BY: D ane Ro rts DATE
sociat lanner
`�J'� A�ril 14, 2006
APPROVED BY: R.ichaxd ewersdorff DATE
Planning Managex
Tualatin Rivei Tzail Sensitive Lands Permit Application Page 16 of 16
CUP200G-10001/SLR2006-10002
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CITY OF TUALATIN Ciry of Tigard
Information on this map is for general location only a�d
� should be verified with the Development Serviees Division.
13125 SW Hall Blvd
Tigard,OR 97223
- (503)639-4171
� hltp:l/w�.v.ci.tiga rd.or.us
Community Development Plot date:Mar 29,2006;C:UnagicWIAGIC03.APR
RE QUE ST FOR COMMENTS "
DATE: March 30,2006
TO: PER ATTACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: Duane Roberts,Associate Planner(�4441
Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Duane(a�tigard-or.gov
CONDITIONAL USE PERMIT (CLTI') 2006-10001/SENSITIVE LANDS REVIEW(SLR) 2006-10002
➢ TUALATIN RIVER TR.AIL Q
REQUEST: The applicant is re�questing Sensitive Lands Review approval to construct a 10-foot-wide paved, multi-
use trail within the floodplaui. Tfxails are a community recreation}acility, which reqwres a Conditional Use Perrrut
approval. The trail segment is approximately 1,365 feet in length and is located ent�rely within the 100-year floodplain
o� the Tualatin River. The tra�l will provide access to the future Tualatui River Pedestrian Bndge and to the Gty of
Durham and the City of Tualatin trail systems. LOCATION: The proposed project is located within the TuaIatin
River floodplain, east of Cook Park and west of the Burlington Northern Rail Road corndor. The path will inter-
connect the Cook and Durham Park trail systems. Washington County Tax Assessor's Map 2S114DA, Tax Lot 100.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zorung d�stnct is designed to accommodate detached
single-family homes with or without accessory residential units at a rrunimum lot size of 7,500 square feet. Duplexes
and attached sin le-family uruts are pernzitted conditionally. Some civic and institutional uses are also permitted
conditionally. �PLICtIBLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18390,
18.510, 18.775 and 18.790.
Attached are the Site Plan, Vicinity Map andAp plicant's Statement/Plans for your review. From inforniation supplied
byvarious departments and agencies and from other uifornzation available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: APRIL 13 2006. You may use the space provided below or attach a
separate etter to retiun your comments. I u are una e to res ond b the above date, please phone the staff contact
noted above withyour comments and co umy�u�r� comments in wnting as soon as possible. If you have any questions,
contact the Tigard Plannuig Division, 13125 SW Hall Boulevard,Tigard,OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have revicwed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclose etter.
_ Written comments provided below:
I Name&Number of Person(s) Commenting:
l
� ' 'TY OF TIGARD REQUEST FQ" 'OMMENTS
' NOTIFICAi��N LIST FOR LAND USE & COMMUNITY Dt.cLOPMENT AP LICATIONS —
FILE NOS.: C-�� z.U(� � S `��FILE N�ME: � `^ ` ` � �`z ! ���� r� �/
CITIZEN INVOLVEMENT TEAMS
14DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ❑East �South ❑West
Clllf OFFICES
=LONG RANGE PLANNINGIBarbara Shields,Planning Mgr. CBMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. P ICE DEPT./Jim Wolf,Crime Prevention Officer
_BUILDING DIVISION/Gary Lampella,Building O(ficial ✓�GINEERING DEPTJKim McMilian,Dvipmnt.Review Engineer�LIC WORKSlMatt Stine,Urban Forester
CITY A�MINISTRATIONICathy Wheatley,City Recorder +!PUBLIC WORKSlRob Murchison,Project Engineer
�PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL DISTRICTS
TUAL.HILLS PARK 8 REC.DIST.+� TUALATIN VALLEY FIRE 8 RESCUE� _ TUALATIN VALLEY WATER DISTRICT�R 1! CIEANWATER SERVICES♦
Planning Manager Fire Marshall Administrative Office Lee WalkedSWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
�oc�u n�o srA��nRisoicnoNa
CITY OF BEAVERTON � CITY OF TUALATIN � t'pR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood�uN F�n.q���.a�
Steven Sparks,oe�.s�a.Me��, 18880 SW Martinaai Avenue Salem,OR 97303 775 Summer Street NE,Suite 100
PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8�PIANNING� OR.DEPT.OF GEO.8�MINERAL IND. 550 Capitol Street NE
�CITY OF DURHAM iR 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland.OR 97232-2736 Portland,OR 97232
PO Box 23483 Bob Knight,DeleReswnceCanter(ZCAj US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 Paulette Allen,Gro�NhManagamsiMCooNinator OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris�r,P.acws�.n.�o�y�
_ Mel Huie,Grex�spacesCooNinetw(CPMOA) Larry French�c�,P.Pia�a,��am�xgomy� Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,R��P��,��w�aa�as� 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GrowthMnnapementServices Salem,OR 97301-2540 Portland,OR 97208-2946
153D0 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY il►
OR.DEPT.OF ENERGY{Powar��oes��nrea) _OR.DEPT OF AVIATION�wonopa�rowan� Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
CITY OF LAKE OSWEGO+IF Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124
PO Box 369 PoRland,OR 9720&3621 Steve Conway�ca�eia�.>
Lake Oswego,OR 97034 Gregg Leion�cPn�
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis�cPn�
CITY OF PORTLAND (No6ry(o�Wetlantls arW Po�emial Envimnmenta��mpacts) _Gf3flf RDbI�1S0�1,Devebpmerd Review Coordinator poria Mateja�zcn�Ms,a
Planning Bureau Director Regional Administrator Car1 Torland, Right-of-Way Section�v��o�� _Sr.Cartographer roPUZC��MS�.
1900 SW 4'"Avenue,Suite 41D0 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�ay«czc,�MS,s
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1-DISTRICT ZA� ODOT,RAIL DIVISION 3TATE HISTORIC
Dave AustinMrcccn�-s„-,��TO..,� Sam Hunaidi,Assi4antDistncYManager (NotiyifODOTRlR-Hwy.CrouinpisOnlyAeauloLand�PRESERVATION OFFICE
PO Box 6375 6000 S W Raab Road Dave Lanning,s,.c��s�ary sv�� (Ndily H Prop��fy Ha�HD Owrlay)
Beaverton,OR 97007-0375 PoRland,OR 97221 555-13"'Street,NE,Suite 3 1115 Commercial Street,NE
Salem,OR 97301-4179 Salem,OR 97301-1012
U1ILITY PROVIDERS AND SPECIAL A6ENCIES
� PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Bur�ington Northem/Santa Fe R/R Predecessor)
Bruce Carswell,President 8 General Manager
1200 Howard Drive SE
Albany,OR 97322-3336
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer�n,�,e:�b�o�y� Randy Bice cs..��,,,��,�n pi P�y�is Within'/.Mile of a Transit Route)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 t815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street
Beaverton,OR 97006-4886 Po�tland,OR 97232
PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS
Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Florence Mott,Eng.ROW Mgr.
9480 SW Boeckman Road 220 NW 5econd Avenue OR 030533/P0 Box 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219
TIGARDITUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL OIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC.
Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev,s«��vA,..��„ Diana Carpenter�,,,.ea�.�.�a�w,
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOYERNMENTAL AGREEMENT IF WITHIN 5�0'OF THE SUBJECT PROPERTY FOR ANTlALL
CITIf PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). n:�patty�masters�Request For Comments rvotifcat�on�ist.doc (UPDATED: 18-Nov-OS)
(Also uodate:i:lcuroln\setuoUabelslannexation utililies and franchises.doc when uodatino this documenfl
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Additions to Mailing, List
Gretchen Buehner
13249 SW 136`n PI
Tigard, OR 97223
Jeannot Whittle
12030 SW King George Ln
Tigard, OR 97224
Scot Harger
9690 SW Riverwood Ln.
Tigard,OR 97224
David Baumgarten
15179 S W 122"�Ave.
Tigard, OR 97224
City of Durham
17160 SW Upper Boones Ferry Rd.
PO Box 23483
Durham, OR 97281-3483
,
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RE QUE ST FOR COMME NTS "
DATE: March 30,2006 RECEIVED PLANNING
TO: Matt Stine, U�fian Forester/Public Works Annex APR � 4 Z006
FROM: Cityof Tig�zrd Planning Division CITY OF TIGARD
STAFF CONTACT: Duane Roberts,Associate Planner(x2444�
Phone: (503) 639-4171 F�: (503) 684-7297 Email: Duanena.ti�rd-or.gov
CONDITIONAL USE PERMIT (CLTP) 2006-10001/SENSITIVE LANDS REVIEW(SLR) 2006-10002
➢ TUALATIN RIVE R TR.AIL Q
REQUEST• The applicant is re�questing Sensitive Lands Review approval to construct a 10-foot-wide paved, multi-
use tra�l within the floodpla�n. Trails are a community recreation}acility, which requires a Conditional Use Permit
a�proval. The trail segment is approx�rnately 1,365 feet in length and is located ent�rely within the 100-year floodplain
o the Tualatin River. The trail will provide access to the future Tualatui River Pedestrian Bnd e and to the City of
Durham and the City of Tualatin tra�l systems. LOCATION: The proposed project is locate� within the TuaIatin
River floodplain, east of Cook Park and west of the Burlington Northern Rail Road comdor. The path will inter-
connect the Cook and Durham Park trail systems. Washington Counry Tax Assessor's Map 2S114DA, Tax Lot 100.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zonu�g d�strict is designed to accommodate detached
single-farruly homes with or without accessory residential uriits at a m,rnmum lot size of 7,500 square feet. Duplexes
and attached sin le-family units are pernutted conditionally. Some civic and institutional uses are also permitted
conditionally. �PLICABLE REVIEW CRITERIA: C:ommuniry Development Code Chapters 18330, 18.390,
18.510, 18.775 and 18.790.
Attached are the Site Plan,Vicinity Map andAp plicant's Statement/Plans for your review. From inforniation supplied
byvarious departments and agencies and from other uiforniation available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: APRIL 13 2006. You may use the space provided below or attach a
separate etter to return your comments. I u are una e to res ond b the above date, please phone the staff contact
noted above withyo ur comments and co u�myou�r� comments in writin as soon as possible. If you have any questions,
contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,� 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enc ose etter.
� Written comments provided below:
��y�o�D �tFkTDR D E7'(IM EI1fT'EF L j M�1��s r� �x ►s rr N�4 M�R E ;-,r�E�j Fs PE�;�-�Lr ��+/
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IName&Number of Petson(s)Commenting: I
- �
RE QUE ST F OR COMME NT S �� "
DATE: March 30,2006 RECEIVED PlANN1NG
TO: David Baum.garten APR 0 4 2006
FROM: Cityof Tigard Planning Division C�TY OF TIGARD
STAFF CONTACT: Duane Roberts,Associate Planner(x2444�
Phone: (503) 639-4ll1 Fax: (503) 684-7297 Email: Duane(a�tigard-or.�o�-
CO1�iDITIONAL USE PERMIT (CLJI') 2006-10001/SENSITIVE LANDS REVIEW(SLR) 2006-10002
➢ TUALATIN RIVER TRAIL Q
REQUEST: The applicant is re�questing Sensitive Lands Review approval to construct a 10-foot-wide paved, multi-
use trail within the floodpla�n. Trails are a community recreation}acil�ty, which requires a Conditional Use Pernzit
approval. The trail segment is approximately 1,365 feet in length and is located enurely within the 100-year floodplain
o� the Tualatin River. The trail will provide access to the future Tualaun River Pedestrian Brid e and to the Csty of
Durham and the City of Tualatin tra�l systems. LOCATION: The proposed p�roject is locate� within the TuaIatin
River floodplain, east of Cook Park and west of the Burlington Northern Rail Road corndor. The path will inter-
connect the Cook and Durham Park trail sys tems. Washington County T� Assessor's Map 2S 114DA, Tax Lot 100.
ZONE: R 4.5: Low Densiry Residential District. The R 4.5 zorun� d�stnct is designed to accommodate detached
single-family homes with or without accessory residential units at a m�mmum lot size of 7,500 square feet. Duplexes
and attached sin le-family uruts are permitted condnionally. Some civic and institutional uses are also perrrutted
conditionally. �PLIC�BLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390,
18.510, 18.775 and 18.790.
Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From inforn�ation supplied
byvarious departments and agencies and from other uiformation available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: APRIL 13 2006. You may use the space provided below or attach a
separate etter to return your comments. I u are una e to res ond b the above date, please phone the staff contact
noted above withyour comments and co u-myou�r� comments in writing as soon as possible. If you have any questions,
contact the Tigard P1acu7uig Division, 13125 SW Hall Boulevard, Tigard,aR 97223.
PLERSE CHr CK THE FOLLOV✓ING ITEMS THr1T APPLY:
_ We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
�Please refer to the enc ose etter.
Written corrunents provided below:
O � U S.� � i'VG !=T�E � l T I S � �(�' 1�}
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RE QUE ST F OR COMME NT S � ��
. -
DATE: March 30,2006
TO: Rob Murchison, Public Works Project Engineer
FROM: City of Ti�ard Planning Division
STAFF CONTACT: Duane Roberts,Associate Planner(x2444�
Phone: (503) 639-4171 F�: (503) 684-7297 Email: DuaneCa�tigard-or.gov
CONDITIONAL USE PERMIT (CUP) 2006-10001/SENSITIVE LANDS REVIEW(SLR) 2006-10002
➢ TUALATIN RIVE R TRAIL Q
REQLIEST:. The a plicant.is re uesting Sensitive Lands Review approval to construct a 10-foot-wide paved, multi-
use trail within the �loodpla�n. T�rails are a community recreation }acility, which requires a C,�nditional Use Pernut
approval. The trail segment �s approximately 1,365 feet m length and is located enureIy within the 100-year floodplain
o} the Tualatin River. The trail will provide access to the future Tualatui River Pedestrian Bndge and to the Caty of
Durham and the City of Tualatin tra�l systems. LOC'.ATION: The proposed project is located within the TuaIatin
River floodpla.in, east of Cook Park and west of the Burlington Northern RailRoad corndor. The ath will inter-
connect the Cook and Durham Park trail systems. Washington County Tax Assessor's Map 2S 114D� Tax Lot 100.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zorung d�strict is designed to accommodate detached
single-family homes with or without accessory residential units at a mulunum lot s�ze of 7,500 square feet. Duplexes
and attached sin� gle-family uruts are pernutted conditionally. Some civic and institutional uses are also pemiitted
conditionally. APPLICABLE REVIEW CRITERIA: C:ommunity Development Code Chapters 18.330, 18.390,
18.510, 18.775 and 18.790.
Attached are the Site Plan, Vcinity Map and Applicant's Statement/Plans for your review. From infomnation supplied
byvarious departments and agencies and from other uzforn�auon available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you w�sh to comment on this application,
WE NEED YOUR COMMENTS BACK BY: APRIL Li 2006. You may use the space provided below or attach a
separate etter to rett.irn your comments. I u are una e to res ond b the above date, please phone the staff contact
noted above with �o ur comments and co irmyou�r� comments in writin as soon as possible. If you have any questions,
contact the Tigard 1'lanning Division, 13125 SW Hall Boulevard,Tigard,� 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enc ose etter.
_ Written comments provided below:
�Dr� - �� C�-�i �a� �i� �. ,aa4r �-�., r � �t-f' �
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IName&Number of Person(s) Commenting: J
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RE QUE ST F�R COMME NT S "
DATE: March 30,2006
TO: Jim Wolf,Tigard Police De�a�nent Crime Prevention Officer
FROM: City of Tigard Plannin�Division
ST1�FF CONTAGT: Duane Roberts,Associate Planner(x2444�
Phone: (503) 639-4171 FaY: (503) 684-7297 Email: Duane�tigard-or.go�-
CONDITIONAL USE PERMIT (CLTI') 2006-10001/SENSITIVE LANDS REVIEW(SLR) 2006-10002
➢ TUALATIN RIVER TRAIL Q
RE UEST: The a licant is re�questin Sensitive Lands Review ap roval to construct a 10-foot-wide paved, multi-
use t�rail within the �1 odpla�n. Tfrails a e a community recreation}ac�ty, wluch requires a Conditional Use Permit
approval. The trail segment �s approximately 1,365 feet uz length and �s located entireIy within the 100-y�ar floodplain
o� the Tualatin River. The tra�l will provide access to the future Tualatu� River Pedestrian Bndge and to the Ciry of
Durham and the City of Tualatin trail sy�tems. LOCATION: The proposed project is located within the TuaIatin
River floodplain, east of Cook Park and west of the Burlington Northern Rail Road comdor. The path will inter-
connect the Cook and Durham Park trail systems. Washington County Tax Assessor's Map 2S114DA, TaY Lot 100.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zorun� d�strict is designed to accommodate detached
single-family homes with or without accessory residential units at a rrununum lot size of 7,500 square feet. Duplexes
and attached sin le-family uruts are pernzitted conditionally. Some civic and institutional uses are also perniitted
conditionally. �PLICABLE REVIEW CRITERIA: C;ommunity Development Code Chapters 18.330, 18.390,
18.510, 18.775 and 18.790.
Attached are the Site Plan, V'icinity Map and Applicant's Statement/Plans for your review. From information supplied
byvarious departments and agencies and from other inforn�ation available to our staff, a report and recommendation w�ll be
prepared and a decision will be rendered on the proposal in the near future. If yc�u wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: APRIL 13 2006. You may use the space provided below or attach a
separate etter to return your comments. I u are una e to res ond b the above date, please phone the staff contact
noted above withyo ur comments and co irmyo u�r� comments in writin as soon as possible. If you have any questions,
contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,� 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
✓ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enc ose etter.
_ Written comments provided below:
I Name&Number of Person(s)Commenting: � �Q`(� x L� ( I
Y
RE QUE ST FOR COMME NTS " "
DATE: March 30,2006
TO: jeannot Whittle
FROM: Ci ,�of Tigard Planning Division
STAFF CONTACT: Duane Roberts,Associate Planner(�444�.
Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Duane�ti�;ard-or.�,o�-
CONDITIONAL USE PERMIT (CUP) 2006-10001/SENSITIVE LANDS REVIEW(SLR) 2006-10002
➢ TUAL.ATI� RIVER TRAIL Q
REQUEST: The applicant is re�questing Sensitive Lands Review approval to construct a 10-foot-wide paved, multi-
use tra�l within the floodpla�n. Trails are a community recreation }ac�ty, wluch requires a Conditional Use Permit
approval. The trail segment is approxunately 1,365 feet in length and is located entu-ely within the 100-year floodplain
o� the Tualatin River. The trail will provide access to the future Tualaun River Pedestnan Bndge and to the City of
Durham and the City of Tualatin tratl s�stems. LOCATION: The proposed project is located within the Tualatin
River floodplain, east of Cook Park and west of the Burlington Northern Rail Road corndor. The path will inter-
connect the Cook and Durham Park trail systems. Washington County Tax Assessor's Map 2S 114DA, Tax Lot 100.
ZONE: R 4.5: Low Densiry Residential I�istrict. The R 4.5 zorung d�strict is designed to accommodate detached
single-family homes with or without accessory residential units at a rrununum lot size of 7,500 square feet. Duplexes
and attached sin� gle-family umts are perniitted conditionally. Some civic and institutional uses are also perrrutted
conditionally. APPLICABLE REVIEW CRITERIA: C:ommuruty Development Code Chapters 18.330, 18390,
18.510, 18.775 and 18.790.
Attached are the Site Plan,Vicinity Map andAp plicant's Statement/Plans for your review. From information supplied
byvarious departments and agencies and from other ulformation available to our staff,a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If yr�u wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: APRIL 13 2006. You may use the space provided below or attach a
separate etter to return your comments. I �u are una e to res ond b the above date, please phone the staff contact
noted above withyour comments and co umyo u�r� comments in wnun as soon as possible. If yc�u have any quesuons,
contact the Tigard Plarululg Division, 13125 SW Hall Boulevard,T"igard,� 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
� •
_ �Y,le .avc ::.viewe t.�c proposai�uid have no ob�ections to it.
Please contact of our office.
Please refer to the enc ose etter.
_ Written comments provided below:
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�ri�h � .��-�- �s-�- -��-o- c�ru-G�� � c_ a-�-� �� �_
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PLANNING
SECRETARY
MATERIALS
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AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED
ON THE SITE.
In the Matter of the Proposed Land Use Applications for:
Land Use File Nos.: CUP2006-10001/SLR2006-10002
Land Use File Name: TUALATIN RIVER TRAIL
I, Duane Roberts. Associate Planner for the Citv of Tigard, do affirm that I posted notice of the land use
proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax
Iot(s) currently registered) �.S' f 1 ''��� l� � , and
did personally post notice of the Public Hearing on the proposed land use application(s) by means of
weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto
attached and by reference made a part hereof, on the ,� day of�� `C � , 20
� ��� � �
Signature of erson o Performed Posting
h:\loginlpattylmasterslaffidavit of posting for applicant to post public hearing.doc
NOTICE OF PUBLIC HEARING .
�
The following will be considered by thc Tigard Hearings Officer on Monday April 24, 2006 at 7:00 PM at thc 'I'igard Ci�-ic Centcr - '1'c��un f
Hall, 13125 SW Hall Blvd.,Tigard, Orcgon. I3oth public oral and writtcn t�stimony is invitcd.
The public hearing on this matter will be conducted in accordance with the "1'igard Munici�al Code and the rules of procedure adopted by the
Council and a�Tailable at City Hall or the rules of procedure set forth in Chapter 18.390. I estimony may be submitted in writing prior to or at
the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the
hearing accompanied by statcments or evidence suEficicnt to afford the decision-maker an opportunity to respond to the issue precludes appeal
to the Land Use Board of l�ppeal based on that issue. Failure to specify the criterion from the Communiry Development Code or
Comprehensive Plan at which a commcnt is directed precludes an appeal based on that criterion.
r� copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are availa�-'
for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the heari� „
and copies for all items can also bc provided at a reasonable cost.
Further information may be obtained from the Ylanning Division (staff contact: Duane Roberts� at 13125 SW Hall Blvd., Ti�;ard, Ore�on
97223, by calling 503-639-4171, �r by email to duane(a�ti�ard-or.gov.
RI R T 1�►AI L
T ALATI ��'E
U N
CONDITIONAL USE PERMIT (CUP) 2006-10001/
SENSITIVE LANDS REVIEW (SLR) 200G-10002
REQUEST: The applicant is requesting Sensitive Lands Review approval to construct a 10-foot-wide pa`�ed,
multi-use trail within the floodplain. Trails are a community recreation facility, which requires a Conditional Use
Permit approval. The trail segment is approxirriately 1,365 feet in length and is located entirely within the 100-
year floodplain of the Tualatin River. The trail will provide access to the future Tualatin River Pedestrian Bridge
and to the City of Durham and the City of Tualatin trail systems. LOCATION: The proposed project is located
within the Tualatin River floodplain, east of Cook Park and west of the Burlington Northern Rail Road corridor.
The path will inter-connect the Cook and Durham Park trail systems. Washington County Tax Assessor's Map
2S114DA, Tax Lot 100. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed
to accommodate detached single-family homes with or without accessory residential units at a minimum lot size
of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. �I'PLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.330, 18.390, 18.510, 18.775 and 18.790.
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@@�@�@8 �� 13725 SW Hall Blvd
�@@@8@BB Tigard.OR 97223
_ (503)639-4171
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Community Development Plot date:Mar 28,2006;C:lmagicWIAGIC03.l�f�-
`�
2S113CB-05400 2S113CB-05500
BABER DAVID WILLIAM/CAROL LYNN KAMINSKI STEPHEN M
P O BOX 1447 8300 SW WOODY END ST
TUALATIN,OR 97062 DURHAM,OR 97224
2S114AD-00100 2S113CC-05300
CLEAN WATER SERVICES KIRSCHBAUM RICHARD S&LINDA H
2550 SW HILLSBORO HWY 8169 SW KINGFISHER WAY
HILLSBORO,OR 97123 DURHAM,OR 97224
2S114 -00300 2S113CC-00200
CLEAN T SERVICES KNUDSEN KANDICE J&MARK A
2550 S ILL RO HWY 8360 SW ELLMAN LN
HILLSBORO,OR 9 123 TIGARD,OR 97224
2S11 0-00600 2S113CC-05200
CLEA AT ERVICES REECE REYBERT A&NORMA E
2550 SW LSBORO HWY 8191 SW KINGFISHER WAY
HILLS RO,O 97123 DURHAM,GR 97224
2S114DA-00100 25113CB-05600
CLEA TE RVICES STEWART ALAN D AND HELEN I
2550 SW HI ORO HWY 8283 WOODY END
HILLSBO O,OR 7123 DURHAM,OR 97224
2S113CC-06700 2S114DA-00300
DURHAM CITY OF TIG I F
PO BOX 23483 13125 L BLVD
DURHAM, OR 97281 TIGA D,OR 97223
2 S 113 BO-02200 2S 114 DB-D0100
DUR M CITY OF TI D CITY
PO BOX 3 13125 LL BLVD
DUR M, 97281 TIG D,OR 223
2S113CB-07700 25114AD-�1500
DUR CI OF TIG D CITY F
PO BO 83 13125 5 ALL BLVD
DURHAM,O 97281 TIGARD,OR 23
2S114D0-00300 2S114DA-00200
HICKOX HENRY A&JOHNNA M A TI RD CITY OF
2165 BEACH LOOP RD 1312 HALL BLVD
BANDON,OR 97411 TI D, 97223
2S113CC-05100 2S113CC-01800
HOWARD BRUCE C&TRISCHA L TUALATIN CITY OF
8213 SW KINGFISHER WAY 18880 SW MARTINAZZI AVE
DURHAM,OR 97224 TUALATIN,OR 97062
2S 114 D 0-00500 .
TUALATIN COUNTRY CLUB
PO BOX 277
TUALATIN, OR 97062
Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136th Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
GiY OF TIGARD -SOUTH INTERESTED PARTIES (pg. I of I) (i:\curpinlsetup\IabeIslCIT South.doc) UPDATED: 12-May-05
2S114DA-00100
CLEAN WATER SERVICES
2550 SW HILLSBORO HWY
HILLSBORO,OR 97123
� � EXHIBIT�
NOTICE TOMORTGAC�L,LIENHOLDER,VENDOROR��LLER
Tf-�7TGARD DEVELOPMENTOODE REQUIRES THATIFYOUREC�IVE THIS NO'ITCE, ��
IT SHALL BE PROMI''II..Y FORWARDED TO TF-IE PURQ�ISER �
.
• ' �
PUBLIC HEARING NOTICE
NOTIC� IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETTNG ON MONDAY
APRIL 24, 2006 AT 7:00 PM, IN TF-�E TOWN HALL OF TT� TTGARD QVIC CENTER AT 13125 SW HALL
BOULEVARD,TTGARD,OR�GON 97223 WILL CONSIDER TT IE FOLLOWING APPLICA7TON:
FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2006-10001
SENSITIVE LANDS REVIEW(SLR) 2006-10002
FILE TITLE: TUALATIN RIVER TRAIL
APPLICANT: Cityof Tigard OWNER Clean Water Services
13125 SW Hall Boulevard 2550 SW Hillsboro Hwy.
Tigard,OR 97223 F-�illsboro,OR 97123
REQUEST: The applicant is requesting Sensitive Lands Review approval to construct a 10-foot-wide
paved, multi-use trail within the floodplain. Trails are classified as a community recreation
facility. Communiry recreation facilities reqture Conditional Use Permit approval in the R 4.5
zoning district. The trail se�ment is approxunately 1,365 feet in length and is located entirely
within the 100-y�ar floodplaui of the Tualatin River. The trail will provide access to the future
Tualatin River Pedestnan Bridge and to the City of Durham and the City of Tualatin trail
systems.
LOCATION: The proposed project is located within the Tualatin River floodplain, east of Cook Park and
west of the Burluigton Northern Rail Road corridor. The path will inter-connect the Cook
and Durham Park trail systems. Washington County Tax Assessor's Map 2S 114DA, Tax Lot
100.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zoning district is designed to
accommodate detached sin le-family homes with or without accessoxy residential units at a
min;mlun lot size of 7,50� square feet. Duplexes and attached sulgle-family units are
permitted conditionally. Some civic and uistitutional uses are also perniitted conditionally.
APPLICABLE
RE VIE W
CRITERIA: CommunityDevelopment Code Chapters 18.330, 18.390, 18.510, 18.775 and 18J90.
THE PUBLIC HEARING ON T�IIS MATTER WILL BE CONDUCTED IN ACC�RDANCE WITH T�-IE RULES OF
CHAI'TER 18.390 OF T'F-� COMMUI�tITY DEVELOPMENT CODE AND RULES OF PROC�DURES ADOP7'ED BY
THE TTGARD QTY COUNQL AND AVAILABLE AT QTY HALL.
ASSISTTVE LISTEIVING DEVICES ARE AVAILABLE FOR PERSONS WITH IMI'AIRED HEARING. T�IE QTY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUAL.IFIED SIGN LANGUAGE IN'TERPRETERS AND QUALIFIED
BILINGUAL IN'I�RPRETERS UPON REQLJEST. PL.EASE CALL (503) 639-4171, EXT. 2438 (VOIC�) OR (503) 684-2772
(TDD- TELEGOMMLJ1vICATTONS DE VIC�S FOR THE DEAF� NO LESS THAN ONE WEEK PRIOR TO THE HEARING
TO MAKE ARRANGEMENTS.
ANYONE�Y�ISHING TO PRESENT .ITTEN TESTIMONY ON THIS PROPO�_�ACTION MAY DO SO IN �Y�'RITING
PRIOR TO OR �T THE PUBLIC HEARING. OR�1L TESTIMONY M�1Y BE PRESENTED AT THE PUBLIC HF�IRING.
AT THE PUBLIC HF�IRING, THE HE�RINGS OFFICER WILL RECEIVE � ST11FF REPORT PRESENTIITION FROM
THE CITY PLANNER,OPEN THE PUBLIC HEr1RING,�1ND INVITE BOTH OR�1L AND WRITTEN TEST'IMONY. THE
HF�IRINGS OFFICER I��1Y CONTINUE THE PUBLIC HE�IRING TO �1NOTHER MEETING TO OBTAIN
�DDITIONr1L INFORMATION OR CLOSE THE PUBLIC HF�IRING AND TAKE ACTION ON THE t1PPLICr1TION.
IF � PERSON SUBMITS EVIDENCE IN SUPPORT TO THE �PPLICIITION LESS THr1N SEVEN (7) DAYS PRIOR TO
THE PUBLIC HEARING,r1NY PARTY IS ENTITLED TO REQliEST t1 CONTINUANCE OF THE HF�IRING. IF THERE
IS NO CONTINUr1NCE GR�INTED r�T THE HF�IRING,r1NY Pr1RTICIPIINT IN THE HE�IRING MAY REQL�EST TH1�1T
THE RECORD REMAIN OPEN FOR AT LF�1ST SEVEN (7) D�1YS r1FTER THE HF�IRING. r1 REQUEST TH11T THE
RECORD REMt1IN OPEN C11N BE M�1DE ONLY�1T THE FIRST EVIDENTI�IRY HF�IRING(ORS 197.763(6).
INCLUDED IN THIS NOTICE IS �1 LIST OF APPROVAL CRIT'ERL�1 �1PPLICIIBLE TO THE REQUEST FROM THE
TIGr1RD COMMLJNITY DEVELOPi�fENT CODE :�ND THE TIGARD COMI'REHENSIVE PL�1N. APPROVIIL OR
DIS�PPROV�L OF THE REQLEST BY THE HF.�IRINGS OFFICER ��'ILL BE B�SED UPON THESE CRITERi� �1ND
THESE CRITERI�1 ONLY. �1T THE HE�IRING IT IS IMI'ORT�NT THAT COMMENTS RELr1TING TO THE REQUEST
PERT�IN SPECIFIC�LLY TO THE��1PPLICr1BLE CRITERIr1 LIST'ED.
F�IILLRE TO R�1ISE �N ISSUE IN PERSON OR BY LETI'ER �1T SOME POINT PRIOR TO THE CLOSE OF THE
HF�IRING ON THE REQLEST r1CCOMP�INIED BY ST11TEi�iENTS OR EVIDENCE SUFFICIENT TO ALLO�Y� THE
HF�IRINGS 11UTHORITY�N OPPORTL'NITY TO RESPOND TO THE ISSUE PRECLUDES AN APPF�IL TO THE L�1ND
USE BO�RD OF 11PPF�ILS B�SED ON TH�1T ISSUE.
�1LL DOCUMENTS AND APPLICABLE CRITERIA IN THE 11BOVE-NOTED FILE r1RE r1Vt1IL�1BLE FOR INSPECTION
r1T NO COST OR COPIES CAN BE OBTAINED FOR 'IWENTY-FIVE CENTS (25C) PER Pr1GE, OR THE CURRENT
Rr1TE CHr�RGED FOR COPIES r1T THE TIME OF THE REQUEST. AT LE�1ST SEVEN (7) DAYS PRIOR TO THE
HF�IRING,�COPY OF THE STAFF REPORT��'ILL BE AV�IILABLE FOR INSPECTION AT NO COST,OR 1�COPY C�N
BE OBT�INED FOR'I'�wENTY-FIVE CENTS (25C) PER Pt1GE, OR THE CURRENT R�TE CH�IRGED FOR COPIES �T
THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEI�SE CONTACT THE ST�1FF PLr1NNER DUANE ROBERTS AT (503) 639-4171,
TIGARD CITY HALL, 13125 SW' HALL BOULEV�IRD, TIG�IRD, OREGON 97223, OR BY E-M�1IL TO
duane e,ti�ard-or.gov.
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� EXHIBIT�
Clean Water Services CLJP2006-10001/SLR2006-10002
2550 SW I�'illsboro Hwy. TUALATIN RIVER TRAIL
I�'illsboro, OR 97123
Jeannot Whittle
12030 SW King George Ln.
Tigard, OR 97224
Scot Harger
9690 SW Riverwood Ln.
Tigard, OR 97224
David Baumgarten
15179 SW 122"d Avenue
Tigard, OR 97224
City of Durham
17160 SW Upper Boones Ferry Road
Tigard, OR 97224
Burlington Northern Railroad
Attn: Bruce Carswell,President &General Manager
1200 Howard Drive SE
Albany, OR 97322-3336
2S113CB-05400 2S113C8-05500
BABER DAVID WILLIAM/CAROL LYNN KAMINSKI STEPHEN M
P O BOX 1447 8300 SW WOODY END ST
TUALATIN,OR 97062 DURHAM,OR 97224
2S114AD-00100 _ . , , , . .FS113CC-05300 . , .. ,: : : .;. z.:,
CLEAN WATER SERVICES KIRSCHBAUM RICHARD S 8 LINDA H
2550 SW HILLSBORO HWY 8169 SW KINGFISHER WAY
HILLSBORO,OR 97123 DURHAM,OR 97224
2S114 -00300 2S113CC-00200
CLEAN SERVICES KNUDSEN KANDICE J 8 MARK A
2550 S ILL RO HWY 8360 SW ELLMAN LN
HILLSBORO,OR 9 123 TIGARD,OR 97224
2S11 0-00600 2S113CC-05200
CLEA AT ERVICES REECE REYBERT A&NORMA E
2550 SW LSBORO HWY 8191 SW KINGFISHER WAY
HILLS RO,O 97123 DURHAM,OR 97224
2S114DA-00100 2S113C&05600 , '
CLEA TE VICES STEWART ALAN D AND HELEN I
2550 SW HI ORO HWY 8283 WOODY END
HILLSBO O,OR 7123 DURHAM,OR 97224
2S113CC-06700 25114�A-00300
DURHAM CITY OF TIG I F
PO BOX 23483 13125 L BLVD
DURHAM,OR 97281 TIGA D,OR 97223
2S11360-02200 2S114DB-00100
DUR M CITY OF TI D CITY
PO BOX 3 13125 LL BLVD
DUR M, 97281 TIG D,OR 223
2S11 CB-07700 2S114A0-01500
DUR CI OF TIG D CITY F
PO BO 83 13125 S LL BLVD
DURHAM,O 97281 TIGARD,OR 23
2S114D0-00300 2S114DA-00200
HICKOX HENRY A&JOHNNA M A TI RD CITY OF
2165 BEACH LOOP RD 1312 HALL BLVD
BANDON,OR 97411 TI D, 97223
2S173CC-05100 2S113CC-01800
HOWARD BRUCE C 8 TRISCHA L TUALATIN CITY OF
8213 SW KINGFISHER WAY 18880 5W MARTINAZZI AVE
DURHAM,OR 97224 TUALATIN,OR 97062
2S714D0-00500
TUALATIN COUNTRY CLUB
PO BOX 277
TUALATIN,OR 97062
Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136th Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD-SOUTH INTERESTED PARTIES (pg. I of I) (i:\curpin\setup\labels\CIT South.doc) UPDATED: 12-May-05
. � , �
��
AFFIDAVIT OF MAILING = �
�
I, Patricia L. Lunsford, bein�first du�ly sworn/affirn�,on oath depose and saythat I am a Senior Administrative Specialist
for the City of Tiga�i,Washington County,Oregon and that I served the following:
;�}.�k,�,,��,��,�>r�.,�G,..i
❑X NOTTC� OF FINAL ORDER FOR CLJP2006-10001/SLR2006-10002 - TUALATIN RIVER TR.AIL
� AA�NDED NOTI(� (File No./Num I2eference)
HEARING BODY: HEARING DATE:
❑ City of Tigard Plannuig Director
� T'igard Heanngs Officer (4/24/2006)
❑ Tigard Planning Comm�ssion
❑ Tigard Caty Council
A copy of the said notice being hereto attached,marked E�chibit"A",and by reference made a part hereof,was mailed to each
named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on
A�ri127,2006, and deposited in the United States Mail on Anril 27,2006,postage prepaid.
`�fZ��� � U�
(Person that Pre d Nouce
STATE OF OREGON
Coun�y of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before ine on the�dayof ,2006.
OFFICIAL SEAL •
DIANE M JELDERKS �
NOTARY PUBLIC-OREGON
COMMISSION N0.373021 �/
MY COMMISSION EXPIRES SEPT.25,2007 N T Y PUBLI O OREGON
My Coirunission E u-es: .� d
� �.� �.� EXHI6IT A
120 DAYS = N/A
DATE OF FILING: 4/27/2006 „
. .
CITY OF TIGARD � � �
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CUP 2006-10001
SENSITIVE LANDS REVIEW SLR 2006-10002
Case Name: TUALATIN RIVER TRAIL
Applicant's Name/Address: Ci of Ti ard 13125 SW Hall Boulevard T' rd OR 97223
Owner's Name/Address: Clean Water Services CWS 2550 SW Hillsboro H . Hillsboro OR 97123
Address of Property: The trail is located within the Tualatin River 100-�ear flood�lain, east of Cook Park and west of
the Burlington Northern Rail Road corridor. The trail will inter-connect the Cook and Durham
Park trail s stems.
Tax Ma /Lot Nos.: Washin ton Co.Tax Assessor's Ma No. 2S114DA,Tax Lot 00100
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING 1-�
REQUEST FOR A CONDITIONAI. USE r1ND SENSITIVE LANDS REVIEW. THE CITY OF TIGARD
HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATNE, Mr�TERIAI.S,
COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND
RECOMMENDATIONS FOR THE APPLICr1TION DESCRIBED IN FURTHER DETAIL IN THE STAFF
REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON APRIL 24, 2006 TO RECEIVE
TESTIMONY REGARDING THIS APPLICATION. THIS DECISION IIr�S BEEN BASED ON THE I�r�CTS,
FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Request: ➢ The applicant is requesting Sensitive Lands Review approval to construct a 10-foot-wide paved, multi-use
trail within the floodplain. Trails are classified as a community recreation faciliry. Community recreation facilities
require Condirional Use Pern�it approval ui the R-4.5 �oning ciistrict. The trail segment is approxirriately 1,365 feet in
length and is located entirely within the 100-year floodplain of the Tualatin River. The trail will provide access to the
future Tualatin River Pedestrian Bridge and to the City of Durham and the City of Tualatin trail systems. At the close
of the recotd, the Hearings Officet conditionally approved the tequest, subject to the conditions of approval within
this final ordet.
Zone: R-4.5: Low-Density Residential District. ?���licable Review Criteria: Community Development Code Chapters 18.330,
18.390, 18.510, 18.775 and 18.790.
Acrion: ➢ ❑ Approval as Requested ❑x Approval with Conditions ❑ Denial
Notice: Norice was published in the newspaper and mailed to:
0 Owners of Record within the Required Distance ❑X Affected Government r�gencies
❑x Interested Parties � The Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at
the Ciry of Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON APRIL 27, 2006 AND BECOMES
EFFECTIVE ON MAY 12, 2006 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. r'1ny party with standing as
provided in Section 18390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard
Communiry Development Code which provides that a written appeal together with the required fee shall be filed with the
Director v�nthin ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are
available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 11, 2006.
Quesrions: If you have any questions,please call the Cin�of Tigard Planning Division at(503) 639-4171.
� .
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Kegarding an application by the City of Tigard for conditional ) F I N A L O R D E R
use permit and sensitive lands review approval for a roughly ) CUP2006-10001
1100 foot section of a 10-foot wide trail within the Tualatin River) SLR2006-10002
floodplain east of Cook Park, in the City of Tigard, Oregon ) (Tualatin River Trail)
A. FINDINGS AND CONCLUSIONS
1. The applicant, City of Tigard, requests conditional use permit ("CUP") and
sensitive lands review for construction of a 10-foot wide paved public use trail between
Cook Park and the Burlington Northern Rail corridor. The applicant will construct the
trail on tax lot 100, WCTM 2S114DA (the "site"). The entire 1100-foot long trail
segment is located within the 100-year floodplain of the Tualatin River. The trail will
connect with the existing trail system within Cook Park on the west and existing and
planned trail systems in the Cities of Tualatin and Durham to the east, via the planned
Tualatin River pedestrian bridge. Additional basic facts about the site and surrounding
land and applicable approval standards are provided in the Staff Report to the Hearings
Officer dated April 14, 2006 (the "Staff Report"), incorporated herein by reference.
2. Tigard Hearings Officer Joe Turner(the "hearings officer") held a duly noticed
public hearing on Apri124, 2006 to receive and consider public testimony in this matter.
The record includes a witness list, materials in the casefile as of the close of the record,
including materials submitted after the hearing, and an audio record of the hearing. At the
beginning of the hearing, the hearings officer made the declaration required by ORS
197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of
interest. The following is a summary by the hearings officer of selected relevant
testimony offered at the hearing.
a. City planner Duane Roberts summarized the Staff Report. He noted that
Clean Water Services ("CWS") recently issued a permit for the project. The City received
three written comments about the project.
i. The City Public Works Department argued that the applicant
should be required to build portions of the trail on top of the existing grade in order to
avoid impacts to existing mature trees on the site. Mr. Roberts testified that the trail will
only impact one tree; a 28-inch ash located 14 feet from the edge of the trail. The location
of the trail is largely dictated by the need to connect to the existing trail segments and to
limit the environmental impacts of the trail. The applicant's arborist can locate the major
roots of the tree prior to construction and, if necessary, relocate the trail to a limited
extent to reduce impacts to the tree roots. This is required by condition of approval2. The
City engineering department determined that constructing the trail on top of the existing
grade would not eliminate impacts to the tree roots. Some excavation would be necessary
to remove topsoil and create a level surface for the trail. The City Arborist concluded that
� �. '
such excavation would have a similar impact on the root system of the tree. In addition,
constructing the trail at grade would result in fill within the floodplain, which the
applicant would be required to balance with cut elsewhere in the floodplain and an
engineer's certification that the cut and fill will not increase the base flood elevation.
ii. Jeannot Whittle requested the City include seating and trash
receptacles along the trail. Mr. Roberts testified that the City will place park benches and
trash containers along the path after it is completed.
iii. David Baumgarten argued that the City should construct the
trail with asphalt rather than concrete, because concrete is hard to run on. Mr. Roberts
testified that the City chose to construct the trail with concrete because it has a much
longer life than asphalt. A concrete trail will reduce the City's maintenance costs on this
high use trail. In addition, construction of an asphalt trail would require additional
excavation, increasing the potential impacts on the adjacent ash tree.
b. City Parks Manager Dan Plaza and environmental consultant Stacy
Benjamin testified on behalf of the applicant. Mr. Plaza summarized the proposed trail
project and accepted the findings and conditions of approval in the Staff Report without
exceptions or objections. He waived the applicant's right to submit a final written
argument. Ms. Benjamin testified that CWS recently issued a service provider letter for
the trail project.
c. At the end of the hearing, the hearings officer closed the public record
and announced his intention to approve the application subject to recommended
conditions in the Staff Report.
3. City staff recommended that the hearings officer approve the application based
on findings and conclusions and subject to conditions of approval recommended in the
Staff Report. The applicant accepted those conditions without exceptions. No one
disputed the findings in the Staff Report. The hearings officer agrees with those findings,
conclusions and conditions, and adopts the affirmative findings in the Staff Report as
support for this Final Order.
4. Based on the findings and discussion provided or incorporated in this final
order, the hearings officer concludes that the applicant sustained the burden of proof that
the proposed CUP and sensitive lands review do or will comply with the applicable
criteria of the Community Development Code, provided development that occurs after
this decision complies with applicable local, state, and federal laws and with conditions
of approval warranted to ensure such compliance occurs in fact. Therefore those
applications should be approved subject to such conditions.
CUP2006-10001 and SLR2006-10002 Hearings Officer Final Order
(Tualatin River Trail) Page 2
, .
B. ORDER
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby approves CUP2006-10001 and SLR2006-10002 (Tualatin River Trail),
subject to the following conditions of approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHAI.L BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
Submit to the Planning Department (Duane Roberts, 639-4171, ext. 2444) for review
and approval:
1. Prior to site work, the applicant shall provide a revised tree protection plan. No site
work shall begin until appropriate tree fencing/demarcation has been installed on
site to cleaxly idenrify tree protecrion areas and construcrion peruneters. Tree
protection must be installed and inspected by the City's Arborist, Matt Stine
2. Prior to site work, the applicant shall use an air spade or some other non-harmful
method for determining the presence and location of major tree roots within the trail
alignment anywhere trees over 6 inches in caliper are located within 30 feet of the
edge of pavement. Should any roots be detected, the applicant shall consider altering
the trail route within the boundaries of the easement area in order to minimize root
damage.
3. Prior to site work, the applicant shall meet the condirions of Clean Water Services
Service Provider Letter file #05-004508.
DATED this 27th day of Apri12006.
Joe Turner, Esq., AICP
City of Tigard Land Use Hearings Officer
CUP2006-10001 and SLR2006-10002 Hearings O�cer Final Order
(Tualatin River Trail) Page 3
Agenda Item: 2.1
Hearin Date: A ri124 2406 Time: 7:00 P1�7
STAFF REPORT TO THE „
HEARINGS OFFICER °
FOR THE CITY OF TIGARD, OREGON � ' �
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: TUALATIN RIVER TR.AIL PROJECT
CASE NOS.: Conditional Use Permit CUP2006-10001
Sensitive Lands Review (SLR) SLR2006-10002
PROPOSAL: The City, as applicant, is requesting Sensitive Lands Review approval to construct an 8-foot-
wide paved, multi-use trail with floodplain. T'he trail segm ent is approximately 1,100 feet in
length and is located entirely within the 100-year floodplain of the Tualatin River. At its
eastern texminus, the segment will connect a 220-foot sect�on of the same trail. This 220-
foot section lies within the City of Tigard, but has been permitted through the City of
Tualatin. Under a 2004 Tualatin River pedestrian bridge Intergovernmental Agreement
between the Ciries of Tualatin, Tigard, and Durham, Tigard dele�ated to Tualatin the
authority to review and approve all permitting for this 220 foot sectton of the larger trial.
The completed trail, consisting of the Tigard-reviewed and Tualatin-reviewed secnons, will
provide access to the future Tualatin River Pedestrian Bridge and to the City of Durham and
Citp of Tualatin trail spstems. The present, Tigard-reviewed �roject, will temporarily impact
6,245 square feet of the 125-foot vegetated corridor due to construction staging and will
permanendy impact 8,520 square feet of vegetated corridor as a result of the trail
construction.
APPLICANT: City of T�'gard OWNER Ciry of T��ga�d
13125 SW Hall Blvd. 13125 SW Hall Blvd.
Tigard, OR 97223 Tigard, OR 97223
LOCATION: The proposed project is located within the Tualatin River Flood�lain, east of Cook Park and
west of the Burltngton Northern Rail corridor. The path will inter-eonnect the Cook and
Durham Park trail systems. WCTM 2S114DA,Tax Lot 100.
ZONING: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential uruts at a
minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted condirionally. Some civic and institurional uses are also pernzttted condittonally.
APPLICABLE
REVIEW
CRITERIA: Commututy Development Code Chapters 18.330, 18.390, 18.510, 18.775 and 18.790.
SECTION II. STAFF RECOMMENDATION �
Tualarin River Trail Sensitive Lands Pernut Applicaeon Page 1 of 17
CUP2006-100D1/SLR2006-10002
�, ' ,
Staff recommends that the Hearings Officer find that a portion of proposed pedestrian trail will not adversely affect
the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code.
Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED �
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
Submit to the Planning Department (Duane Roberts, 639-4171, ext. 2444) for review and approval:
1. Prior to site work, the applicant shall provide a revised tree protection plan. No site work shall begin until
appropriate tree fencing/demarcation has been installed on site to cleaxly identify tree protection areas and
construction perimeters. Tree protection must be installed and inspected by the City's Arborist,Matt Stine
2. Prior to site work, the applicant shall use an air spade or some other non-harmful method for determu�ing
the presence and location of major tree roots withixi the trail aligtunent anywhere trees over 6 inches in
caliper are located within 30 feet of the edge of pavement. Should any roots be detected, the applicant shall
consider altering the trail route within the boundaries of the easement area in order to minimi>e root
damage.
3. Prior to site work, the applicant shall meet the conditions of Clean Water Services Service Provider Lettex
ftle #05-004508.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION.
SECTION III. BACKGROLTND INFORMATION
Site Information and Pro�osal Descri�tion:
The City proposes to construction an 8-foot wide, 1,100-foot long river-side recrearional trail connecting the City's
79-acre Cook Park to the future Tualatin River Pedestrian Bridge. The trail segment is part of a long standing,
thtee-city strategy to construct a pedestrian bridge over the Tualatin River that will interconnect the trail systems
and major parks of the adjoining Cities of Tigard,Tualatin, and Durham. The proposed segment is identified in the
1983 and srill cutrent Tigard Comp�hen�ive Plan and in the 1999 and still current Tigard Park System Master Plan, both
developed with extensive pubic involvement. The trail segment also is identified as "regionally significant" on the
Metro Kegron Trail Map.
In addition to serving as a connecting approach to the bridge, the proposed trail will expand the local recreational
opportunities available to community residents and other trail users. These opportunities will include, among
others, access to picturesque views of the Tualatin River and the 40-acre Clean Water Services Durham wildlife area,
which is a winter home to a sizeable flock of mixed dabbling ducks and geese. These opportunities will contribute
to promoting a healthy lifestyle, encouraging non-motorized transportation, and enhancing quality of life in a
heavily populated area.
The site is located along the Tualatin River between Cook Park and the Burlington Northem Rail corridor. The
land through which the trail is proposed to travel is owned by Clean Water Services (CWS), which has provided to
the City a 25-foot-wide trail easement. The alignment was walked and laid out by agency staf£ The stream banks of
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the Tualatin River are steeply incised in the vicinity of the trail alignment. Wetlands are located inland and some
175 to 350 feet from the trail edge. The gently sloping property through which the trail is pxoposed to extend is
covered along its entire route with pasture grasses, including bentgrass, tall fescue, and meadow foxtail.
Enhancement of the vegetated corridor along the river by CWS within recent years has included the planting of red
alder, western red cedar, big-leaf maple, Douglas fir, and Oregon ash. Shrub plantings are present near the
upstream end of the trail alignment These include vine maple, snowberry, and oceanspray. Native vegetation
remains in an area along the downstream portion of the trail. A notable stand of Douglas fir and Oregon ash is
found in this area. The impact of the trail on vegetation is mainly to pasture gxasses and fescue. The alignment
min;mi�es ripaxian impact by preserving all existing trees. No wedands are disturbed.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
A summary.of the applicable criteria in this case in the Chapter order in which they are addressed in this staff report are
as follows:
A. Decision Making Procedutes
. 18.330 (Conditional Use)
B. Zoning Districts
18.510 (Residential Zoning Districts)
C. Specific Development Standards
18.775 (Sensitive Lands) �
18.790 (Tree Removal)
D. Impact Stud�
18.390
The proposal contains no elements related to the provisions of Code Chapters: 18.705 (Access, Egress & Circulation),
18.715 (Density Computations), 18.720 (Design Compatibility), 18.725 (Environmental Perfomiance Standards),18.730
(Exceptions to Development Standards), 18.742 (Home Occupations), 18.750 (Manufactured/Mobile Home
Regulations), 18.755 (Mi�ced Solid Waste&Reryclable Storage) 18.765 (Off-Street Parking and L,oading Requirements),
18.760 (Nonconfomzing Situations), 18.780 (Signs), 18.785 (Temporary Uses,), 18.795 (Visual Clearance)„ and 18.798
(Wireless Communication Facilities). These Chapters are,therefore,found to be inapplicable as approval standards.
SECTION V.APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
A. DECISION MAKING PROCEDURES
This application includes a request for a Conditional Use approval of a Community Recxeation use within a
Residential Zoning District. The Conditional Use criteria are listed below, along with a discussion of how each
applies to the project under review.
A. Approval Standards. The Hearings Officer shall approve with conditions, or deny an application for a
conditional use or to enlatge or alter a conditional use based on findings of fact with respect to each of the
following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use.
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The site size and dimensions are adequate to accommodate a trail. Clean Water Service standards
relating to the installation of a trail within the riparian area have been met, and the agency has issued
a Service Provider Letter for the project (March 6, 2006, File #05-004508). This letter is included in
the project file.
2. The impacts of the proposed use of the site can be accommodated considering size, shape,
location, topography, and natural features.
This criterion is addressed under the Sensitive Lands section of this proposal. �
3. All required public facilities have adequate capacity to serve the proposal.
No other public facilities are affected by the trail.
4. The application requirements of the zoning district are met except as modified by this chapter.
The zoning of the land through which the trail extends is R-4.5. Community Recrearion is a
Conditional Use within this zoning district No other requirements of the district apply to this
proposal.
5. The applicable requirements of 18.330.050.
The requirements contained in this section are addressed separately below.
6. The supplementary requirements set forth in other chapters of this code including but not
limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are
me�
No signs are included within this proposal. None of the supplementary requirements of 18.360
apply to this proposal. The application does not involve a minor or major modification to approved
plans or existing development. No exceptions to standards are sought. .
B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional
use,which are found necessary to ensure the sue is compatible with other uses in the viciniry, and that the
impact of the proposed use on the surrounding uses and public facilities is mi.nimized. These conditions
may include,but are not limited to the following:
1. Limiring the hours,days,place and/or manner of operation.
City rules goveming the public use of greenway trails prohibit littering and require the removal of
dog waste. Unlike parks,the hours of use are not limited to daylight hours.
2. Requiring design features which minimize environmental impacts such as noise, vibration, air
pollution,glare, odor and/or dust.
The environmental regulations applicable to this project are addressed elsewhere in this pxoposal.
3. Requiring additional setback areas, lot area, and/or lot depth or width. �
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Not applicable. The proposal does not create any new lots. Setbacks are addressed under Sensitive
Lands requirements elsewhere in this report.
4. Limiting the building height, size or lot coverage, and/or location on the site
Not applicable. No buildings are proposed as part of this project.
5. Designating the size, number, location and/or design of vehicle access points.
Not applicable. The project does not include vehicular access.
6. Requiring street right-of-way to be dedicated and street(s )to be improved. .
Not applicable.
7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas.
Not applicable. No loading areas are proposed. •
8. Limiting the number, size, location, height and/or lighting of signs.
Not applicable. No signs are proposed.
9. L'uniring or setting standards for the location and/ot intensiry of outdoor lighting.
Not applicable. No outdoor lighting is proposed.
10. Requiring berms, screening or landscaping and the establishment of standards for their
installation and maintenance. .
Not applicable. No berms axe proposed. Fill is prohibited within the floodplain of land zoned for
residential use. Natural area landscaping requirements are addressed under the Sensitive Lands
section of this proposal.
11. Requiring and desigiung the size, height, location and/or materials for fences.
Not applicable. No fencing is proposed. The placement of fences is prohibited in both the
Vegetated Coxridor area and in the floodway. The 25-foot trail easement area is located entirely
within the floodway and partially within the Vegetated Corridor area.
12. Requiring the protection and preservation of e�sting trees, soils, vegetation, watercourses,
habitat areas and/or drainage areas.
The environmental impacts of the trail are addressed under the Sensitive Lands section of this
proposal.
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13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the
floodplain when land form alterations and development are allowed within the 100-year floodplain.
The development proposed is a greenway trail. The land through which the trail will travel is
owned by Clean Water Services, which has provided an easement for the trail project (Recording
#2004-14017312/09/2004).
14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
A pedestrian/bicycle trail is the subject of this proposal.
18.330.050 Additional Developmettt Standards for Conditional Use Types
050-5. Community Recreation and Parks:
a. All building setbacks shall be a minimum of 30 feet from any property line.
Not applicable. The proposed project does not include the construction of any buildings.
b. There are no off-street parking requirements, except that five automobile parldng spaces
are required for a dog park or off-leash area with a fenced area of one acre or more . . .
Not applicable. The proposed project does not include the construction of a dog park.
18.765.080 Off-Sueet Load.ing Requirements
Pursuant to the Table 18.765.2, minitnum and maximum off-street vehicular and birycle paxking
requixements applp to Community Recreation. These standards are all based on.the floor area of the
proposed use. As such, the standards are not applicable here. The proposed project does not involve the
construction of any recreational or other structures.
FINDING: The trail is a conditional use with the residential zoning districts. The trail proposal meets all of the
Tiga.td Community Development Code standards pertauung to Community Recreation uses within residential
zoning districts and to Off-Street Parking and Loading Requirements. •
B. ZOI�TING DISTRICTS
This application includes a request to install a trail with a Residential Zoning District. Use Table 18.510.1 lists
Community Recreation as a conditional Use in the R-4.5 zoning district. The specific conditions and approval
criteria related to this use are listed in the Conditional Use chaptet of the Tigard Community Development Code.
These are addressed in the Conditional Use section of this report.
C. SPECIFIC DEVELOPMENT STANDARDS
18.775 SENSITIVE LANDS
18.775.070 B (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 encroachments, including fill, new
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construction, substantial improvements and other development unless certified by a registered
professional engineer that the encroachrnent will not result in any increase in flood levels during the base
flood discharge;
The trail has been designed to avoid an increase in the zero-foot rise floodway. The finish elevation will be
at existing grade. Construction will involve excavation and placement of 4 inches of gravel base below
grade followed by the placement of an additional 8 inches of concrete up to existing grade. The application
submittals include a letter dated March 16, 2G06, signed Agustin P. Duenas, P.E., certifying that
construction of the trail will not result in any increase in flood levels during the base flood discharge.
18.775.070 B 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 18.120 of the Community Development Code shall be allowed in areas
designated residential subject to applicable zoning standards;
No land form alterations are proposed. The paved trail does meet the definition of development as used in
18.775.020.7. As a community recreational use, the trail is allowed as a conditional use on the site, which is
zoned residential (R-4.5).
18.775.070 B 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 proposed trail is located entirely within the 100-year floodplain. The finish elevation of the trail will be
at existing grade. A registered professional engineer has certified that construction of the trail will not result
in any increase in flood levels.
18.775.070 B 4. The land form alteration or development plan includes a pedestriaa/bicycle pathway in
accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is
deemed by the Hearings Officer as untimely;
The proposed development is a segment of the Tualatin River Trail designed in accordance with the City's
pedestrian/bicycle plan.
18.775.070 B 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the
elevation of an average annual flood;
The subject trail segment will be above the elevation of the average annual flood. The trail is located beyond
the top of bank of the Tualatin River which is above the elevation of the avera�e annual flood. The
elevation of the trail varies form 116 to 119 feet According to engineering models, the elevation of the
average annual flood is expected to be confined below the top of bank, which is appro�citnately a uniform
110 feet in elevation within the project area.
18.775.070 B 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of
State Lands, and CWS permits and approvals shall be obtained; .
The trail project is located above the top of bank of the Tualatin River and outside delineated wedand areas
located on the CWS-owned property. The trail alignment does not interfere with any wetlands or stream
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CUP2006-10001/SLR2006-10002 •
channel. Therefore, no wedand permit is necessary from the U.S. Army Corps of Engineers or the Oregon
Department of State Lands. A required Service Provider Letter has been obtained for the project from
Clean Water Services (March 6,2006,File #05-004508).
18.775.070 B 7. Where land form alterations and/or development are allowed within and adjacent to the
100-year floodplain, the Ciry shall require the consideration of 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.
The project will be constructed on an open space area owned by Clean Water Services. This area is
undergoing restoration by the agency as a native oak savanna. The;rail project carries out the city's adopted
pedestrian/bicycle pathway plan by installing a segment of the trail identified in the plan.
18.775.090: Special Provisions for Development within Locally Significant Wetlands and along the Tualatin
River, Fanno Creek, Ball Creek, and South Fork of Ash Creek �
A. In ordet to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the
safe harbor provisions of the Goa15 administrative rule (OAR 666-023-0030) pertaining to wetlands,
all wetlands classi5ed as significant on the City of Tigard "Wetlands and Streams Corridors Map"
are protected. No land form alterations or developments are allowed within or partially within a
significant wetland, except as allowed/approved pursuant to Section 18.775.130�.
The project does not include any development within a significant wetland. Wetland F-21 is mapped to the
south of the proposed trail alignment,and wetlands F-19 and F-26 are mapped to the north of the proposed
trail alignment on the City of Tigard "Wetlands and Streams Corridors Map". These wetlands were
delineated as part of the development of the Cook Patk Master Plan. The trail aligiunent at its nearest
point is located 175 feet from F-26, the wetland closest to the trail alignment. According to Clean Water
Service maps, the required setback around the wetland is 50 feet Therefore,this requirement is met.
B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the
safe harbor provisions of the Goal 5 administtative nile (OAR 660-023-0030) pertaining to ri arian
corridors, a standard setback distance or vegetated corridor area, measured horizontally from and
parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and
the South Fork of Ash Creek.
1. The standard width for "good condition" vegetated corridors along the Tualatin River is
75 feet, unless wider in accordance with CWS "Design and Construction Standards", or
modified in accordance with Section 18.775.130. If all or part of a locally significant wetland
(a wetland identified as significant on t6e City of Tigard "Wetlands and Streams Corridors
Map") is located within the 75-foot setback area, the vegetated comdor is measured from
the upland edge of the associated wedand.
Clean Water Services requires a 125-foot vegetated comdor adjacent.to the Tualatin River.
This exceeds the 75-foot corridor established under Goal 5. The majoriry of the 125-foot
vegetated corridor was determined to be in degxaded ox marginal condition according to
Clean Water Services standards. A portion of the vegetated corridor was determined to be
in good condition; however, the good condition area is less than 125 feet wide. The
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CUP2006-10001/SLR2006-10002
applicant proposes to restore all substandard portions of the 125-foot corridor to good
condition. ivlinor encroachments into the vegetated corridor are proposed. No
encroachxnents are pxoposed in the porrion of the vegetated co�idor determined to be in
good condition. A natural resource assessment, a vegetated corridor restoration plan, and a
vegetated corridor mirigarion plan related to the encroachments, all dated 10/21/2005, have
been approved by Clean Water Services (March 6, 2006, File #05-004508). Therefore, this
requirement is met.
2. The standard width for "good condition" vegetated corridors alon� Fanno Creek, Ball
Creek, and the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS
"Design and Construction Standards", or modified in accordance with Section 18.775.130. If
all or part of a locally significant wztland (a wetland identified as significant on the City of
Tigard "Wetlands and Streams Corridors Map") is located within the 50 foot setback area,
the vegetated corridor is measured from the upland edge of the associated wedand.
Not applicable. The site is not adjacent to Fanno Creek,Ball Creek or the South Fork of Ash
Creek.
3. The minimum width for "marginal or degraded condition" vegetated corridors along the
Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the
standard width, unless wider in accordance with CWS "Desigri and Construction
Standards", or modified in accordance with Section 18.775.130.
The majority of the vegetated corridor has been deterrnined to be in degraded or marginal
condition based on Clean Water Services standards. Clean Water Services requires a 125-foot
vegetated corxidor adjacent to the Tualatin River "where possible." If not possible, agency
standaxds allow a path to be located in the outermost 40% of the vegetated corridor. These
provisions exceed the 38-foot minimum aridth requirernent contained in 18.775.130. Minor
encroachments into the degraded condition vegetated corridot are proposed to construct the
tcail. The applicant proposes to enhance the comdor to good condition. A natural resource
assessment and vegetated comdor plan have been approved for the project by Clean Water
Services. Therefore, this requirement is met. �
4. The determination of corridor condition shall be based on the Natural Resource
Assessment guidelines contained in the CWS "Design and Construction Standards".
The detertnination of the vegetated corridor condition is in accordance with Clean Water
Services Design and Construction Standards, Resolution and Order #04-9, March 2004.
The agency has issue a Service Provider letter (March 6, 2006, File #05-004508) based on an
approved Natural Resource Assessment and restoration plan.
5. The standard setback distance or vegetated comidor area applies to all development
proposed on property located within or partially within the vegetated.corridors, except as
allowed below:
Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in
order to provide access to the sensitive area or across the sensitive area, as approved by the
Ciry per Section 18.775.070 and by CWS "Design and Construction Standards";
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Not applicable. The trail segment to be permitted and constructed by the City of Tigard will
not cross the vegetated corridor from one side to the other. At its western or Cook Park
end and for a distance of approximately 75 feet, the trail does cross into the vegetated
corridor in order to connect with the terminus of the existing Tualatin River trail segment.
This encroachment has been approved by CWS in the service provider letter noted above.
Utility/service provider infrastructure construction (i.e. storm, sanitary sewer,water, phone,
gas, cable, etc.), if approved by the Ciry and CWS;
Not applicable. No infrastructure construction is proposed.
A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design and
Construction Standards"; .
The path is 8 feet in width with 1 foot shoulders on either side and meets Clean Water
Services Design and Construction Standards.
Gradi.ng for the purpose of enhancing the vegetated comdor, as approved by the City and
CWS; �
Not applicable. No grading witivn the vegetated corridor fot enhancement purposes is
proposed.
Measures to remove or abate hazards, nuisances, or fire and life safety violations, as
approved by the regulating jurisdiction;
Not applicable. No such measures are included in the project work scope.
Enhancement of the vegetated corridor for water quality or quantiry benefits, fish, or wildlife
habitat, as approved by the City and CWS; �
Enhancement of the vegetated corridor is part of the project work scope. The proposed
enhancement is required by CWS standards,is not a stand-alone project, and is exempt.
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures,
roadways, driveways, utilities, accessory uses, or other developmenfs provided they are
consistent with City and CWS regulations, and do not encroach further into the vegetated
corridor or sensitive area than allowed by the CWS "Design and Construction Standards.
Not applicable to this project. No such measures are proposed.
6. Land form alterations or developments located within or partially within the Goal 5
safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno
Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional
requirements and permit criteria of the CWS, U.S. Anny Corps of Engineers, Division of
State Lands, and/or other federal, state, or regional agencies, are not subject to the
provisions of Section 18.775.090.B, except where the: �
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Land form alterations or developments are located within or partially within a good condition
vegetated comdor, as defined in Sections 18.775.090.B.1 and 18.775.090.B.2;
Not applicable. The proposed trail is not located within a good condition vegetated corridor. The
portion of the vegetated corridor affected by the project is in degraded condition.
Land form alterations or developments are located within or partially within the minimum width
area established for marginal or a degraded cond.ition vegetated corridor, as defined in Section
18.775.090.B.3.
No encroachments within the Safeharbor "miniinum width area of 38 feet of top of bank, as this
applies to the Tualatin River, are proposed. .
FINDING: The trail is a conditional use within the residential zoning districts. 'The vegetated corridor proposal
meets the City and CWS site-specific standards established for vegetated corridors.
CONDITION: The applicant shat carry out the vegetated corridor plan as reviewed and app�oved by CWS.
18.790 TREE REMOVAL
A. Tree plan required. A uee plan for the planting, removal, and protection of trees prepared by a
certified areborist shall be provided for any lot, parcel or combination of lots or parceLs for which a
development application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size, and species of all existing trees including designation as
sigttificant by the ciry; .
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 18.790.060D in accordance a�ith the
following standards and shall be exclusive of trees required by other development code provisions
for landscaping, streets and parking lots:
a. Retention of less that 25% of existing trees over 12 inches in caliper iequires a mitigation
program in accordance with Section 18.790.060D of not net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be remove be mitigated in accordance with Section 18.790.060.D;
c. Retention of from 50% to 75% of existing trees over 12 inches in caliper required that 50%
of the trees to be removed be mitigated in accordance with Section 18.790.OGOD;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
3. Identification of all trees which are proposed to be removed.
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4. A protection program defining standards and methods that will be used by the applicant
to protect trees during and after construction.
C. Subsequent tree removal. Trees removed within the period of one year to a development
application listed above will be inventoried as part of the tree plan above and will be replaced
according to Section 18.790.060D. �
All trees located wit�un 40 feet of the trail route have been mapped. No trees over 12 inches in caliper are
proposed for removal. A tree protecrion plan prepared by a certified arborist has been submitted. The
plan conforms to the requirements of 18.790.030. It identifies the location, size, and species of all existing
trees over 6 inches in caliper, including trees designated as significant by the city. It.includes a program to
�save existing trees over 12 inches in caliper. Also included is a protection program defining standards and
methods that will be used by the applicant to protect trees during and aftex construction.
Site vegetation in the proposed trail aligrunent consists predominandy of non-native grasses including
bentgrass, meadow foxtail and tall fescue. Enhancement of the vegetated corridor along the Tualatin River
has carried out by Clean Water Services within the last few years. Tree plantings within the southern and
westem portions of the field closest to the Tualatin River included red alder, western red cedar, big-leaf
maple, Douglas fir and Oregon ash. Tree plantings further north and east from the river included Douglas
fir, big-leaf maple, Oregon white oak and ponderosa pine. The trail alignment has been located to minim;�e
impacts to recent enhancement plantings on the site. The locations of enhancement plantings in close
ptoximity to the proposed trail aligivnent in the west portion of the site were surveyed by the City of Tigard
and are shown on the construction drawings. Prior to the start of construction, 3 1-inch caliper
enhancement plantings located within the construction easement will be relocated outside the construction
corridor.
FINDING: Based on the above analysis, the Tree Removal standards will be met, if the applicant complies with
the condition listed below. •
CONDITION: Provide a copy of the tree protection plan, which must be reviewed by the City Arboxist, Matt
Stine. Tree protection must be installed and inspected by the City Arborist prior to site work.
D. IMPACT STUDY �
Impact studies are requited under 18390.050 B.2.(e) Type III application types. The impact study criteria are listed
below, along with a discussion of how each applies to the project under discussion.
18.390.050 B.2(e) The impact study shall quantify the effect of the development on.public facilities and
services. The study shall address at minimum, the transportation system, including bikeways, the
drainage system, the parks system, the water system, the sewer system, and the noise impacts of the
development. For each public facility system and type of impact, the study shall propose improvements
necessary to meet City standards and to minimize the impact of the development on the public at large,
public facilities systems, and affect private property users.
Transportation system
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CUP200G-10001/SLR2006-10002
Transportation system
The proposed trail project will not impact the transportation system. The proposed trail is not
located adjacent to any roadways.
Bikeways
Along with the 220-foot section permitted by the city of Tualatin, the proposed trail will fill the gap
between the Cook Park and Durham trail systems. The trail segment will result in increased
recreational opportunities for communiry residents and will provide access to Cook Park, Tualatin
Community Park, and Durham Ciry Park.
Drainage system
The construction of the trail will result in an 8,520 square foot increase in impervious area on the
site. Stormwater runoff fxom the trail will flow into the vegetated corridor adjacent to the Tualatin
River. The vegetated corridor will provide treatment for runoff from the trail. No addirional water
quality treatment or detention is proposed for trail runoff, because the increase in impervious
surface is small and no inputs of pollutants are anticipated. This is because the majority of trail users
will be pedestrians and bicyclists. Therefore, the trail is not e�ected to have a negative impact on
the drainage characteristics or water quality of the Tualatin River.
Parks system
The proposed trail will fill a gap in the trail network. The trail will result in improved recreational
opportunities for community residents and will provide access to Cook Paxk, Tualatin Community
Park and Durhazn City Paxk as well the greenway along the Tualatin River.
Water system
No water lines are located within the project alignment; therefore, the project will have no impact
upon the water system.
Sewer system
No sewer lines are currendy located within the project aligiunent; therefore, the project will have o
impact upon the sewer system.
Clean Water Services has developed a plan to construct an outfall from the Durham Wastewater
Treatment Plant to the Tualatin River. The City of Tigard Engineering Department has coordinated
with Clean Water Services during the design of the Tualatin River trail project to ensure that
construction of the ttail will not adversely impact future agency outfall projects.
Noise impacts of the development
Construcrion of the trail will result in a short-term increase in noise levels due to the presence of
construction equipment The proposed trail is located approximately 0.25 mile from the nearest
residential neighborhood. It is unlikely that the construcrion noise will pose more than a very minor
temporary unpact to nearby residents. ,
Regular use of the trail will have the usual low noise levels associated with similar sized recreational
facilities. Since the project area cutcently contains a dirt footpath that is regularly used for
recreational purposes, the project is not e�ected to result in an increase in noise over current levels.
Tualatin River Trail Sensitive Lands Permit Application Page 13 of]6
CUP200G-10001/SLR2006-10002
FINDING: The applicant has included an impact study that adequately addresses the project's unpact on the
various pubic facility systems.
SECTION VI. OTHER STAFF COMMENTS
The Ciry of Tigard Building Division and the Long Range Planning, Engineering, and Police
Departments have reviewed the project and have offered no objections to it.
The City of Tigard Public Works Department has reviewed the proposal and has provided the following
comments:
To avoid major detrimental impacts to existing mature tsees, especially in the northwest portion of the project, the
trail should be built on top of the e�sting grade with geotextile fabric placed between the top of existing grade and
the base for the path/sidewalk. The same precautions should be implemented at the southern portion of the
project where the path goes along the northern boundary of mature trees.
Response:
Within the northwcst of Cook Park portion of the path, onlp one mature tree, a 28-inch ash sited 14 feet from the
edge of path, is located within the vicinity of the trail. The next closest big tree, a 36-inch Douglas fir, is located
some 100 feet from the edge of path. Ash trees are known to have wide root bases. Some of the roots of the ash
tree in quesrion may be damaged by the pathway construcrion. According to the technical specifications for the
project, one foot of excavation is required to install the trail. This includes 8 inches of base rock and 4 inches of
concrete. According to the Engineering Deparmient, the altemative of placing the trail on top of e�sting grade
itself would require 6 inches of excavation or "stripping" in order to create a level surface. The conclusion
reached by the City Arborist is that some portion of the ash tree's root system could be damaged by the 1 foot of
excavation some 14 feet from the base of the ash tree. The tree under discussion is located 11 feet north of the
existing pathway to which the new pathway will connect At its nearest point, the new pathway would be located
14 feet from the same tree.
Placing the trail on top of existing grade would result in fill in the floodplain,which would require an off-setting cut
elsewhere and certificarion by a registered professional engineer that the fill/cut will not result in any increase in
flood levels during the base flood discharge. Staff concludes that the Public Works Department recommendation
pertaining to placing the northwest path section on top of the existing grade is unduly burdensome.
The land underneath the proposed trail is owned by Clean Water Services,which also is the primary environmental
permit authority for the trail. The trail aligYUUent was defined in the field by the CWS biologist, with the intent of
minimi�ing the trail's adverse impact on vegetation and stream water quality. The agenry granted to the City an
easement for the trail's installation based on the biologist's recommendations. Two factors, the need to connect to
the terininus of the existing path and the physical limits imposed by the CWS easement, restrict the applicant's
options in dealing with potential damage to the ash tree. However limited; such options do exist and include use
of an air spade or some other non-harmful method of dete-u�in;ng the presence and location of any major roots
within the proposed trail alignment,and,if feasible,altering the trail alignment within the easement area to nin�rr+»e
root damage.
The project limits do not include the southern or eastern portion of the trail extending to the rail corridor. As
previously indicated,the present project (the project that is the subject of this application) will intexconnected with a
proposed 220-foot section of the same trail that has been permitted through the City of Tualatin under a 2004
Tualatin River Trail Sensitive Lands Permit AppLication Page 14 of 16
CUP2006-10001/SLR2006-10002
� .
Intergovernmental Agreement (IGA) that delegates to Tualatin the authority to review and approve permitting for
the 220 portion of the trial that lies within the City of Tigard. At its closest point, the path section presently under
review is located some 50 feet away from the grove of mature, mosdy Douglas fir, trees referred to in the comment.
No root damage is likely from 1 foot of excavation at this distance.
FINDING: Construction of the trail could result in damage to the root systems of closeby txees.
CONDITION: Prior to site work, the applicant shall use an air spade or some other non-harmful method for
determining the presence and location of major tre�roots within the trail aligxunent anywhere trees over 6
inches in caliper are located withui 30 feet of the edge of pavement. Should any roots be detected, the
applicant shall consider altering the trail route witivn the boundaries of the easement area in order to
minimize root damage.
Section VII. AGENCY COMMENTS
Metro, Oregon Department of Fish and Wildlife, Clean Water Services, the Ciry of Durham, Portland
Western R/R have reviewed the project and offered no comments.
No comments fxom any of the agencies contacted were received. As described elsewhere in this report, Clean
Water Services has reviewed earlier submittals xelated to this project.
Section VIII: PRIVATE ORGANIZATION AND CITIZEN COMMENTS
The Tualatin River Keepers, the Fans of Fanno Creek, CPO 4, owners of properry within 500 feet of the
project, and interested parties were provided with copies of the project proposal and asked to provide comments.
Two private citizens offered comments.
Jeannot Whittle:
Please remember to place one or two seats along the path —it is difficult to sit on wet and muddy paths to remove
stones from shoes. A trash can or two would be an asset, carrying packaged animal excrement on a walk or jog is
not conducive to a pleasant day. Good luck with your efforts.
Response: The Parks Manager has indicated that park benches and trash containers will be placed along the path
following its completion.
David Baumgarten:
Do not use concrete! It is very bad to run on! Asphalt is much easier on the legs! Besides, the Durham Park trail is
asphalt, as are all other trails Qohnson Creek, Fanno Creek) in this metro area. Summary,use asphalt, not concrete,
to pave the trail.
Response: The decision to use concrete was based on the following considerarions. The trail is anticipated to be a
high use facility. It will interconnect the major parks of Tigard, Duxham, and Tualatin. Concrete has a much longer
life than asphalt. It has bettex durability and is easier to maintain. The city has experienced rutring and high
maintenance costs in conjunction with the existing trail system,which primarily consists of asphaltic trails. Because
of its superiox performance, the Engineering and Public Works Departments prefer to use concrete on this project.
Tualatin Rivez TrailSensiave Lands Permit Application Page 15 of 16
CUP2006-10001/SLR2006-10002
�
Addirionally, 1 foot of excavarion, as opposed to 1 '/a feet of excavation in the case of asphalt,would be required to
construct the trail. Thus, the use of concrete would result in reduced soil damage.
.----
��,
A ri114 2006
,
PREPARED BY: D ane Ro rts DATE
sociat lanner
`--�'� A ril 14 2006
APPROVED BY: Richard ewersdorff DATE
Planning Manager
Tualatin River Trail Sensitive Lands Pezmit Application Page 16 of 16
CUP200G-10001/SLR2006-10002
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C1ean Water Services CUP2006-10001/SLR2006-10002
2550 SW I�illsboro Hwy. TUALATIN RIVER TRAIL
I-�'illsboro, OR 97123
Jeannot Whittle
12030 SW King George Ln.
Tigard, OR 97224
Scot Harger
9690 SW Riverwood Ln.
Tigard, OR 97224
David Baumgarten
15179 SW 122°d Avenue
Tigard, OR 97224
City of Durham
17160 SW Upper Boones FerryRoad
Tigard, OR 97224
Burlington Northern Railroad
Attn:Bruce Carswell, President &General Manager
1200 Howard Drive SE
Albany, OR 97322-3336
John&Mary Lyons
9620 SW Serena Way
Tigard, OR 97224
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13125 SW Hall Blvd
T TIgaM,OR 97223
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aFFI DAVIT 0 F MAI LI N G CITY OF TIGARD
Community rUevelopment
Skaping A Better Community
I, �l'atricia L.Lunsforrf, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaC:st for the
City of7'�gar�t`WasFcington County, Oregon and that I served the following:
{Check Appropriate Boz(s)Below}
❑x NOTICEOF PUBLIC NEARING FOR:� CUP2006-10001/SLR2006-10002 — TUALATIN RIVER TRAIL
� AMENDED NOTICE (File No./Name Reference)
HEARING BODY: HEARING DATE:
❑ City of Tigard Planning Director
� Tigard Hearings Officer (4/24/2006)
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the said notice being hereto attached, marked E1lhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Ellhlblt"B", and by reference made a part
hereof, on Apri13,2006,and deposited in the United States Mail on Apri13,2006, postage prepaid.
�
' �/
(Person tha +pare ice)
S`XA2E O�F O�GON )
County of'WasTington )ss.
City of�igard ) �
Subscribed and sworn/affirmed before me on the ! day of , 2006.
�-___
', °;-'f'� OFFICIAL SEAL
StJE FiOSS
NOTE��'P;�euC-0REQON
MYC�4111SS OI��,�,G�o'ES DEC 11�
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My Commi i Expires: �o�'��v �
PRE,APP.HELD BY:
CITY QF TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503.639.4171/503.684.7297
CITY OF TIGARD
OREGON LAND USE PERMIT APPLICATION
File# C._4.�( ZU U� — �Other Case # �L. z '�
Date , Z a y� Receipt# City ❑ Urb ❑ Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑ Adjustment/Variance {I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV)
❑ Conditional Use (III) �nsitive Lands Review(I, II or III) ❑ Zone Ordinance Amendment (IV)
❑ Historic Overlay (II or III) ❑ Site Development Review (II)
❑ Home Occupation (II) ❑ Subdivision (II or III)
ress i avai a e
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'When the owner and the applicant are different people, the applicant must be purchas� of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The�ners must sign this application in the
space provided on the back of this form or submit a written authorization with this application.
ease e speci ic
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APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based
on this application, map be revoked if it is found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria,
and understands the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature . Date
� ����� C l
-� C `"' ! �, V
Applicant/Age�nt/Rep sentative's Signature Dat
Applicant/AgentlRepresentative's Signature Date
� �
LAND USE PR�P�SAL DE SCRIPTION
120 DAYS = N/A
FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2006-10001
SENSITIVE LANDS REVIEW(SLR) 2006-10002
FILE TITLE: TUALATIN RIVER TRAIL
APPLICANT: City of Tigard OWNER C1ean Water Services
13125 SW Hall Boulevard 2550 SW Hillsboro Hwy.
Tigard, OR 97223 Hillsboro, OR 97123
RE QUE ST: The applicant is requesting Sensitive Lands Review approval to construct a 10-f oot-wide paved,
multi-use trail within the floodplain. TraiLs are a commucuty recreation facility, which requ.ires a
Conditional Use Pernut approval. The trail segment is approximate�ly 1,365 feet in length and is
located entirely within the 100-year floodplain of the Tualaun River. The trail will provide access to
the future Tualatin River Pedestnan Bndge and to the City of Durham and the City of Tualatin trail
systems.
LOCATION: The pro�posed project is located within the Tualatin River floodplain, east of Cook Park and west of
the Burrington Northern Rail Road corridor. The �ath will inter-connect the Cook and Durham
Park trail systems. Washington County Tax Assessor s Map 2S 114DA,Tax Lot 100.
ZONE: R 4.5: Low Density Residential District. The R 4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a m;n;mum lot size of
7,500 s quare.feet. Duplexes and attached single-family units are permitted conditionally. Some
civic and institutional uses are also permitted conditionally.
APPLICABLE
RE VIE W
CRITERIA: CommunityDevelopment Code Chapters 18.330, 18.390, 18.510, 18J75 and 18J90.
DECISION MAHING BODY BELOW: ❑ TYPE I ❑ TYPE II � TYPE III ❑ TYPE IV
COMMENTS WERE SENT: MARCH 30,2006 COMMENTS ARE DUE: APRIL 13,2006
�HEARINGS OFFICER (MON.) DATE OF HEARING: APRIL 24,2006 TTME: 7:00 PM
[PLANIVING COMNIISSION (MON.) DATE OF HEARING: TIME: 7:00 PM
[QTY COUNQL (TUES.) DATE OF HEARING: 'TIME: 7:30 PM
[STAFF DEQSION TENTATIVE DATE OF DEQSION:
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING
DIVISION
�VIQIVITY MAP � WETLAND DELINEATTON ❑ EXISTTNG CONDITIONS
�SITE PLAN ❑ TREE PLAN ❑ IMI'ACT STCJDY
�NARRATTVE � GRADING PLAN ❑ STORM H20 ANALYSIS
STAFF CONTACT: Duane Roberts,Associate Planner (503) 639-4171,extension 2444
�
_ _-- �
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LAND USE APPLICa. �ON OateeCt��'`� � Z`� � 6�`�� � �
-��Z�� �----
COMPLETENESS REVIEW �(COMPLETE ❑ INCOMPLETE
STANOARO INFORMATION:
�( Oeed/iidelProo(O(Ownenfiip ,� Neigfiborhood Mtg.AFGdavits, Hinutes, list 0(Attendees .-� Imput Study(i 8390)
[� USA Senia Prorider Lettu �"' Conswction Cost Estimate ❑ Z_�# Sets O(Appliation MaterialslPlans
� Pa-Applicadon fon(erence Notes ❑ Envelopes With Postage(Yeri(y Count) ❑ i,✓q nE NQ✓�k S�v1�1��FF
PROJECT STATISTICS:
❑ Building Foatprint Sae ❑ °/.Of Laadscaping Oa Site ❑ y.Of Building Impenrious Su�face On Site
❑ lat Squa�e footage
pI.ANS OIMENSIONED:
❑ 8uildiag Footprint ❑ Pa�icing Space Dimensions(Indud�Access�We 6 Qike Puk;� ❑ Ttudc loading Space Wlhue Applicable
❑ Buildiag Heigfit ❑ Acass App�oadi And Aisle ❑ �su�l qearance Iriangle Shown
ADDITIONAL PLANS:
� Yianity'Map ❑ Ard�itedural Plan - ,�] T�ee Inventory
� Ecisting Conditions Plan � landscape Plaa/'�l�f�����7 ���`� �l
Site Plan ❑ ligfiting Plan
EE ! TIGAT ON LAN:
5��� o��rt.es�6'�d�u,�-(oc�4t�.+,s�v-,.�e�s .� pru��'(w1 n��
R�weo..Al Pte..� ❑ M.��u}� Pn�qro�..M
�1DDITIONAL REPORTS: (list any speaal reports)
❑ FFr�7u:�S� ❑
❑ ❑
❑ ❑
RESPONSE TO APPLICA6LE CODE SECTIONS: �
� 18330(c�io.i� ❑ 18.620��u�o�,sa�� ❑ 18J65�-s�c t�n���a1
18.340 p:�r:�u:� ❑ 18.630�+x�:�a s���,� ,� 18.]IS���
❑ 183 SO�e o�,a��q ❑ 18.1OS p�E�yr.�ia.� ❑ 18J80{�
❑ 18_360�ona��1 ❑ 18.710 p�«r�.e��a� ❑ 18.185��nu��:e�
❑ is.3�ar��� ❑ is.�is�«�a�� � ie_»o���,
❑ 18380 p�c t�a��� ❑ 18.I20�.c��e�q�s�e� ❑ 16.]95�r��a����
❑ 18_38S�a��� ❑ I 8.125�.�r�«s�a,�� ❑ 18.197 ryr,e���wy o�o�
� 18390 p�,�,n��n�,u sda� ❑ 18.130�i�w o�d��s�a� ❑ 18.198�vr��F�
18.410��;.��.e� ❑ 18.140�o� ❑ I8_810�am�u�aq��.�su�a,�asy
❑ 18_420�e n�:o� ❑ 18.742 p�o�,:o.r�� -
❑ 18.430� ❑ 18_i45 R�a��s�swaya��
� I8.510�e�o�r�o�� ❑ 18.750��o.�anbw���
�❑ 18.520�t�a� ❑ 18.155�a s�ca wmnKra.�s�,R�
❑ 18.530�r�.t oa.� ❑ 18.160���
ADDITIONAL ITEMS:
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Construction Cost Estimate
Tualatin River Trial Project
FILE NOS.: CONDITIONAL USE REVIEW (CUP-200G-
10001
SENSITIVE LANDS REVIEW (2006-10002)
FILE TITLE: FANNO CREEK TRAIL PROJECT
Estimated Construction Cost: $86,000
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��36 � [MYIIIONMENiAL CONSULTANTf
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Date: February 27, 2006
To: Duane Roberts, Associate Planner, Long-Range Planning, City of Tigartl
Dan Plaza, Parks & Facilities Division Manager, City of Tigard
Vannie Nguyen, Engineering Manager, City of Tigard
From: Stacy Benjamin, Senior Wetland Ecologist
Subject: Tualatin River Trail; City of Tigard Sensitive Lands Permit Application
INTRODUCTION
The City of Tigard is proposing to construct the Tualatin River Trail. The proposed trail will be constructed
to Clean Water Services trail width standards and will meet the Americans with Disabilities Act guidelines.
The trail will serve the full range of recreational users, including bike riders, skaters, pedestrians, and
wheelchair users. The path will be an 8 foot wide concrete path with 1 foot gravel shoulders on each side,
for a total width of 10 feet from edge to edge including the gravel shoulders. The proposed trail segment to
be constructed by the City of Tigard is approximately 1,145 lineal feet. The finish elevation of the trail will be
at existing grade; therefore, construction will involve excavation and placement of the gravel base below
existing grade. The trail will be constructed of 4 inches of concrete over 8 inches of crushed rock.
The City of Tigard's proposed Tualatin River Trail will extend southeasterly from Cook Park to 220 feet west
of the Burlington Northern railroad trestle (Figure 1). The Tualatin River Trail has been itlentified on Metro
maps as part of a regionally significant trail system (the Fanno Creek Greenway Trail) that will connect the
Cities of Portland, Beaverton, Tigard, Durham and Tualatin through a 15-mile corridor extending from the
Willamette River to the Tualatin River (Figure 2). The Tualatin River Trail is a cooperative effort between
the Cities of Tigard, Tualatin and Durham and will provide a link between three large community parks:
Cook Park, Tualatin Community Park and Durham City Park. The trail will also provide a link between three
trail systems: the Tualatin River Trail, the Durham Park Trail and the Fanno Creek Trail. The City of
Tualatin will design, permit and construct the Tualatin River pedestrian bridge as well as design, permit and
rough grade the portion of the trail extending underneath the railroad trestle and continuing 220 feet west of
the trestle to connect with the section of trail to be constructed by the City of Tigard. The City of Tigard will
design and permit the segment of the trail beginning 220 feet west of the railroad trestle and connecting to
the existing trail stub at Cook Park (Figure 3). The approximate location of the proposed Tualatin River
pedestrian bridge is shown in Figure 1,
The trail will be constructed within the 100-year floodpiain of the Tualatin River; therefore, a City of Tigard
Sensitive Lands Permit is required to be obtained for the project,
The project will also involve impacts to the Clean Water Services vegetated corridor on the site, A 125 foot
vegetated corridor is required by Clean Water Services adjacent to the Tualatin River, and a 50 foot
vegetated corridor is required adjacent to wetlands on the Durham Wastewater Treatment Plant site. A
natural resource assessment and vegetated corridor mitigation plan have been submitted to Clean Water
Services for the project.
EXISTING SITE CONDITIONS
The Portland office of SWCA Environmental Consultants (SWCA)� was contracted by the City of Tigard to
conduct a natural resource assessment for the Tualatin River Trail to meet Clean Water Services
requirements. Site vegetation along the proposetl trail alignment consists predominantly of non-native
grasses including bentgrass, tall fescue and meadow foxtail. Enhancement of the vegetated corridor along
the Tualatin River was conducted by Clean Water Services within the last few years. Tree plantings noted
in the southern and westem portions of the field closest to the Tualatin River included red alder, western
red cedar, big-leaf maple, Douglas fir and Oregon ash. Tree plantings noted further north and east from the
river included Douglas fir, big-leaf maple, Oregon white oak antl ponderosa pine. Shrub plantings were
present near the northern end of the trail alignment and inclutletl vine maple, snowberry antl oceanspray,
Vegetated corridors are located both to the north and the south of the proposed trail alignment (Figure 3).
Emergent wetlands and their associated vegetated corridors are present to the north of the trail, and the
Tualatin River and its associated vegetated corridor is present to the south of the trail.
Vegetated Corridor to North of Trail
SWCA delineated wetlands on the Durham Wastewater Treatment Plant (WWTP) site in 2004. Two
wetlands were delineated on tax lot 100. The delineation has been concurred with by the Department of
State Lands (DSL WD #04-0590, dated February 16, 2005). Both wetlands are greater than 0.5 acre, and
the slope of the area adjacent to the wetland boundaries is less than 25%. Therefore, a 50 foot vegetated
corridor is required adjacent to the wetland boundaries. The distance between the proposed trail and the
outer edge of the vegetated corridor ranges from 125 to 350 feet; therefore, no impacts to the vegetated
corridor located adjacent to the wetlands on the WWTP site will occur as a result of this project.
Veqetated Corridor to South of Trail
SWCA conductetl a site visit on July 19, 2005 to walk the proposed trail alignment and evaluate the
condition of the vegetated corridor adjacent to the Tualatin River. The stream banks of the Tualatin River
are steeply incised in the vicinity of the trail alignment. The topography of the area above the top of bank is
very flat; therefore, the vegetated corridor required by Clean Water Services extends 125 feet from the top
of bank of the Tualatin River. The location of the top of bank of the Tualatin River was mapped
approximately in the field based upon aerial photograph interpretation (Figure 3). Four vegetated corridor
communities are present adjacent to the Tualatin River. The majority of the vegetated corridor was
determined to be in degraded or marginal condition according to Clean Water Services standards due to
having less than 50% tree cover. A small area of the vegetated corridor adjacent to the east portion of the
�The Portland, Oregon office of SWCA was acquired from Fishman Environmental Services in 2004.
Tualatin River Trail Sensitive Lands Permit Application Page 2
trail was determined to be in good condition according to Clean Water Services standards due to having
200% cover by native trees, shrubs and groundcovers and 80%tree cover.
ALTERNATIVES ANALYSIS
The trail alignment was determined during a site visit conducted by City of Tigard and Clean Water
Services staff. The location of the trail was determined by Clean Water Services (Kendra Smith), acting
both as the land owner and environmental permit authority. The City of Tigard had no role in determining
the alignment. The purpose of the site visit was to locate the trail to minimize vegetated corridor impacts
and to minimize impacts to enhancement plantings installed by Clean Water Services along the Tualatin
River. The City of Tigard has obtained a legal easement from Clean Water Services for the proposed trail
alignment.
The trail width as initially proposed was 12 feet; however, the trail width was reduced to 10 feet to minimize
impacts to the vegetated corridor adjacent to the Tualatin River and to meet Clean Water Services
requirements. The proposed trail will be constructed at existing grade to avoid any increase in the 100-year
flood elevation. In addition, an at-grade trail will minimize the potential of the trail to impact wildlife
movement from the Tualatin River riparian forest to wetlands on the Durham Wastewater Treatment Plant
site.
NATURAL RESOURCE PERMITTING
Veqetated Corridor
A natural resource assessment and vegetated corridor mitigation plan for the project have been submitted
to Clean Water Services. Encroachment into the vegetated corridor is proposed in the northwest and
southeast portions of the trail alignment, Encroachment is necessary in these two areas in order to connect
the new trail segment with existing trail segments. Construction of the trail will result in 6,036 square feet of
permanent vegetated corridor impact due to the 10 foot trail and shoulder width. The vegetated corridor
impact area is shown on Figure 3. The trail will impact vegetated corridor areas tletermined to be in
degraded condition that consist of non-native grass communities. No impacts are proposed#o the portion of
the vegetated corridor determined to be in good condition according to Clean Water Services standards.
The trail alignment has been located to minimize impacts to recent enhancement plantings on the site. The
locations of enhancement plantings in close proximity to the proposed trail alignment in the west portion of
the site were surveyed by the City of Tigard and are shown on the construction drawings. Prior to the start
of construction, 3 enhancement plantings located within the construction easement will be relocated outside
of the construction corridor to avoid impacts.
The location of the top of bank of the Tualatin River was mapped approximately in the field based upon
aerial photograph interpretation. Since the location of the top of bank was not professionally land surveyed,
we estimate the map accuracy of the location of the top of bank and the 125 foot vegetated corridor to be
+l- 25 feet. For the purposes of calculating the proposed vegetated corridor impacts due to the trail, an
additional 25 feet has been added to the vegetated corridor width to take the map accuracy into account
and to avoid underestimating the proposed vegetated corridor impacts. This methodology for determining
vegetated corridor impacts for the project was approved by Clean Water Services during a pre-design
meeting on August 24, 2005.
Tualatin River Trail Sensitive Lands Permit Application Page 3
Clean Water Services stated that mitigation is required for the square feet of proposed encroachment into
the vegetated corridor due to the new trail, and mitigation is also required at a 1:1 ratio for the total square
feet of the trail project. Therefore, the total mitigation area is equal to the trail encroachment of 6,036
square feet plus the total trail area of 13,028 square feet, for a total of 19,064 square feet.
Mitigation proposed for the project includes removal of an existing hard-packed dirt footpath located in the
general vicinity of the proposed trail. The location of the existing dirt footpath was GPS-surveyed by SWCA
and is shown on Figures 3 and 4. The existing dirt trail has a total length of approximately 4,895.5 lineal
feet and averages 2 feet wide, for a total trail area of 9,791 square feet. The existing trail is mostly located
in the forested vegetated corridor adjacent to the Tualatin River, In the west portion of the project site, there
is a section of the existing dirt trail which is located within a few feet of the top of bank of the Tualatin River.
Removal of this existing trail will benefit wildlife use of the forested habitat area adjacent to the Tualatin
River by reducing reduce human disturbance of this area. Since the existing trail consists of compacted
soils, removai of the trail will consist of ripping the soil to loosen the soil and then the area will be seeded
with a native seed mix, Native trees and shrubs will be planted in areas where there is an opening in the
existing vegetation adjacent to the trail to be removed that woultl support establishment of new plants. The
mitigation plan has been submitted to Clean Water Services for their approval.
The total Clean Water Services mitigation requirement for the project is 19,064 square feet. Removal of the
existing dirt trail will provide 9,791 square feet of mitigation credit. Therefore the remaining mitigation area
is 9,273 square feet. This mitigation area will consist of enhancing the outer portion of the degraded
vegetated corridor in the southwest portion of the site. The condition of the vegetated corridor proposed to
be enhanced was documented to be tlegraded according to Clean Water Services standards. The
vegetated corridor mitigation area is shown on Figure 4. The mitigation plan has been submitted to Clean
Water SeNices for their approval,
Wetlands
No wetland or stream impacts are proposed for the trail segment to be constructed by the City of Tigard;
therefore, a wetland permit is not required for the project from the U.S. Army Corps of E_ngineers or the
Oregon Department of State Lands.
City of Tiqartl Sensitive Lands
The trail will be constructed within the 100-year floodplain of the Tualatin River; therefore, a City of Tigard
Sensitive Lands Permit is required to be obtained for the project.
This application is being submitted to the City of Tigard pursuant to the City of Tigard's Municipal Code,
Titles 18.330 "Conditional Use" and 18.775, "Sensitive Lands" and specifically addresses the code
provisions found in 18.330.030 "Approval Process", 18.330.040 "Additional Submission Requirements",
and 18.330.050 "Additional Development Standards for Conditional Use Types", 18.775.070 "Sensitive
Lands Permits", 18.775.090 "Special Provisions for Development within Locally Significant Wetlands and
along the Tualatin River, Fanno Creek, Ball Creek, and South Fork of Ash Creek", and 18.390.040B.2(e)
"Impact Study". Each of the City's code sections pertaining to the proposed project is adtlressed
independently below, Excerpts from the City of Tigard Municipal Code are italicized.
Tualatin River Trail Sensitive Lands Permit Application Page 4
CONDITIONAL USE PERMIT APPLICATION NARRATIVE
Narrative Demonstrating Compliance with 18.330.050: Conditional Use:
18.330.030 Approval Standards and Conditions of Approval
A. Approval Standards. The Hearings Officer shall approve with conditions, or deny an
application for a conditional use or to enlarge or alter a conditional use based on findings of
fact with respect to each of the following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use.
The site size and dimensions are adequate to accommodate a trail. Clean Water
Service standards relating to the installation of a trail within the riparian area have
been met.
2. The impacts of the proposed use of the site can be accommodated considering size,
shape, location, topography, and natural features.
This criterion is addressed under the Sensitive Lands section of this proposal.
3. All required public facilities have adequate capaciry to serve the proposal.
No public facilities are affected by the trail.
4. The application requirements of the zoning district are met except as modified by this
chapter.
The zoning of the land through which the trail extends is R-4.5. Community
Recreation is a Conditional Use within this zoning district. No other
requirements of the district apply to this proposal.
�. The applicable requirements of 18.330.050.
The requirements contained in this section are addressed separately below.
6. The supplementary requirements set forth in other chapters of this code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicuble, are met.
No signs are included within this proposal. None of the supplementary
requirements of 18.360 apply to this proposal.
B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a
conditional use, which are found necessary to ensure the sue is compatible with other use in the
Tualatin River Trail Sensitive Lands Permit Application Page 5
viciniry, and that the impact of the proposed use on the surrounding uses and public facilities is
minimized. These conditions may include, but are not limited to the following:
1. Limiting the hour.s, days, place and/or manner of operation.
Park rules limit the use of outdoor recreation facilities to daylight hours. Other
use rules, such as those against littering and requiring the removal of dog waste,
also would apply.
2. Reguiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust.
The environmental regulations applicable to this project are addressed elsewhere
in this proposal.
3. Requiring additional setback areas, lot area, and/or lot depth or width.
Not applicable. The proposal does not create any new lots. Setbacks are address
under Sensitive Lands requirements and are addressed elsewhere in this proposal.
4. Limiting the building height, size or lot coverage, and/or location on the site
Not applicable. No buildings are proposed as part of this project.
5. Designating the size, number, location and/or design of vehicle uccess points.
Not applicable. The project does not include vehicular access.
6. Requiring street right-of-way to be dedicated and street(s)to be improved.
Not applicable.
7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas.
Not applicable. No loading areas are proposed.
8. Limiting the number, size, location, height and/or lighting of signs.
Not applicable. No signs are proposed.
9. Limiting or setting standards for the location and/or intensiry of outdoor lighting.
Not applicable. No outdoor lighting is proposed.
Tualatin River Trail Sensitive Lands Permit Application Page 6
10. Requiring berms, screening or landscaping and the establishment of standurds for
their installation and maintenance.
Not applicable. No berms are proposed. Fill is prohibited within the floodplain
of land zoned for residential use. Natural area landscaping requirements are
addressed under the Sensitive Lands section of this proposal.
11. Requiring and designing the size, height, location and/or materials for fences.
Not applicable. No fencing is proposed.
12. Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or d�ainage areas.
The environmental impacts of the trail are addressed under the Sensitive Lands
section of this proposal.
13. Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within the
100 year floodplain.
The development proposed is a greenway trail. The land through which the trail
will travel is owned by Clean Water Services, which has provided an easement for
the trail .
14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
A pedestrian/bicycle trail is the subject of this proposal.
18.330.050 Additional Development Standards for Conditional Use Types
OSO-�. Community Recreation and Parks:
a. All building setbacks shall be a minimum of 30 feet from any properry line.
Not applicable. The proposed project does not include the construction of�ny buildings.
b. There are no off-street parking requirements, except that five automobile parking
spaces are required for a dog park or off leash area with a fenced area of one acre or
more . . .
Not applicable. The proposed project does not include the construction of a dog park.
Tualatin River Trail Sensitive Lands Permit Application Page 7
Table 18.76.5.2 Minimum and Maximum Required Off-Street Vehicular and Bicycle Parking
Requirements: Community Recreation: Minimum: 2.0/1,000 sq ft. offloor area; Maximum:
4.0/1,DDD sq ft. offloor area; Bicycle: 0.3/1,000 sq ft. of floor area.
Not applicable. The proposed project does not involve the construction of any
recreational or any other structures.
SENSITIVE LANDS PERMIT APPLICATION NARRATIVE
Narrative Demonstrating Compliance with 18.775: Sensitive Lands
18.775.070 B (1J. Land form alterations shal! preserve or enhance the floodplain storage function and
maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new
consfruction, substanfial improvemenfs and other development unless certified by a regisfered professional
engineer that the encroachment will not resulf in any increase in flood levels during the base flood
discharge;
The section of the Tualatin River trail to be permitted and constructed by the City of Tigard has
been designed to avoid an increase in the zero-foot rise floodway. The finish elevation of the trail
will be at existing grade, and construction will involve excavation and placement of the gravel base
and trail below existing grade to avoid any net fill in the floodplain. The City of Tigard Engineering
Department has prepared a letter certifying that construction of the trail will not result in any
increase in flood levels during the base flood discharge.
The Tualatin River pedestrian bridge and the section of trail extending 220 feet west of the railroad
trestle has been permitted by the City of Tualatin antl is therefore not included in this application.
The City of Tigard delegated the authority to review, approve and hear appeals for all design,
bidding, permitting and construction management for that portion of the trail located within the City
of Tigard to be constructed by the City of Tualatin. A flood study was conducted by the City of
Tualatin, and the project was designed to ensure that it would not result in any increase in the zero-
foot rise floodway. The bridge design and associated grading plan will ensure that the project will
not result any increase in flood levels during the base flood discharge.
18.775.070 8 2. Land form alterations or developments wifhin the 100-year floodplain shall be allowed only
in areas designated as commercial or indusfrial on the comprehensive plan land use map, except thaf
alferafions or developments associated with community recreation uses, utilitres, or public support facilifies
as defined in Chapter 18.920 of fhe Community Development Code shall be allowed in areas designafed
residential subject fo applicable zoning standards;
The proposetl development is a trail for the purpose of community recreational use. The trail is a
conditional use on the site, which is zoned residential (R-4.5).
18.775.070 B 3. Where a land form alteration or development is permitted fo occur within the floodplain it
will not result in any increase in the water surface elevation of the 100-year flood;
Tualatin River Trail Sensitive Lands Permit Application Page 8
The proposed trail is located within the 100-year floodplain. The grading plan will ensure that the
project does not result in any increase in the flood elevation. The finish elevation of the trail will be
at existing grade. Construction will involve excavation and placement of the gravel base antl trail
below existing grade to avoid any net increase in fill to be placed in the floodplain.
18.775.070 8 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in
accordance with the adopted pedestrian/bicycle pathway plan, unless the consfruction of said pathway is
deemed by fhe Hearings Officer as unfimely;
The proposed development is a segment of the Tualatin River Trail designetl in accordance with
the City's pedestrian/bicycle plan.
18.775.070 8 5. The plans for fhe pedestrian/bicycle pathway indicate fhat no pathway will be below the
elevafion of an average annual flood;
The trail will be above the elevation of the average annual flood. The trail is located beyond the top
of bank of the Tualatin River which is above the elevation of the average annual flood.
18.775.070 B 6. The necessary U.S. Army Corps of Engineers and Sfate of Oregon Land Board, Division
of Sfate Lands, and CWS permits and approvals shall be obtained;
The section of the Tualatin River trail to be permitted and constructed by the City of Tigard is
located above the top of bank of the Tualatin River and outside delineated wetland areas on the
Durham Wastewater Treatment Plant site. No wetiand or stream impacts are proposed; therefore,
a wetland permit is not required for the project from the U.S. Army Corps of Engineers or the
Oregon Department of State Lands. A Service Provider Letter has been obtained for the project
from Clean Water Services.
18.775.070 8 7. Where land form alterafions and/or development are aDowed within and adjacent fo the
100-year floodplain, the Cify shal!require fhe consideration of dedication of sufficient open land area within
and adjacent to the floodplain in accordance with fhe comprehensive plan. This area shall include portions
of a suifable elevafion for the consfruction of a pedestrian/bicycle pathway within the floodplain in
accordance wifh the adopted pedestrian/bicycle pathway plan.
The project will be constructed on an open space area owned by Clean Water Services. This area
is planned for an upcoming native oak savanna restoration project by Clean Water Services. The
trail is located immetliately adjacent to Cook Park and will provide access to the greenway corridor
along the Tualatin River as well as to the Tualatin Community Park and Durham City Park.
Narrative Demonstrating Compliance with 18.775.090: Special Provisions for Development within
Locally Significant Wetlands and along the Tualatin River, Fanno Creek, Ball Creek, and South Fork
of Ash Creek
A. !n order to address fhe requirements of Stafewide Planning Goal 5 (Natural Resources) and
the safe harbor provisions of the Goa15 administrative rule (OAR 666-023-0030) pertaining to
wetlands, all weflands classified as significanf on the City of Tigard "Wetlands and Sfreams
Corridors Map"are protecfed. No land form alferations or developmenfs are allowed within or
Tualatin River Trail Sensitive Lands Permit Application Page 9
I
I
partially wrthm a srgnificant wefland, except as allowed/approved pursuant to Sectron
18.775.130.
The project does not propose any development within a significant wetland. Wetland F-21
is mapped to the south of the proposed trail alignment, and wetlands F-19 and F-26 are
mapped to the north of the proposed trail alignment on the City of Tigard "Wetlands and
Streams Corridors Map". The project does not propose any impacts within these mapped
wetlands.
8. In order to address the requirements of Stafewide Planning �oal 5 (Natural Resources) and the
safe harbor provisions of the Goa! 5 administrative rule (OAR 660-023-0030) pertaining to ri arian
corridors, a standard sefback distance or vegetated corridor area, measured horizontally from and
parallel to the top of fhe bank, is established for the Tualatin River, Fanno Creek, Bal1 Creek, and the
South Fork of Ash Creek.
1. The standard width for "good condition" vegefafed corridors along the Tualatin River is
75 feef, unless wider in accordance wifh CWS "Design and Consfruction Sfandards", or
modified in accordance with Section 18.775.130. If all or part of a locally significant
wefland (a wetland identified as significant on fhe Cify of Tigard "Wetlands and Sfreams
Corridors Map') is located within the 75-foot setback area, the vegetated corridor is
measured from the upland edge of the associafed wetland.
Clean Water Services requires a 125 foot vegetated corridor adjacent to the
Tualatin River. The majority of the vegetated corridor was determined to be in
degraded or marginal condition according to Clean Water Services standards. A
portion of the vegetated corridor was determined to be in good condition; however,
the good condition area is less than 125 feet wide. A 125 foot vegetated corridor
will be maintained on the site. Minor encroachments into the vegetated corridor
are proposed to construct the trail. No encroachments are proposed in the portion
of the vegetated corridor determined to be in good condition. A natural resource
assessment and vegetated corridor mitigation plan was submitted to Clean Water
Services for proposed trail impacts to the 125 foot vegetated corridor. A Service
Provider Letter has been issued for the project by Clean Water Services.
2. The standard width for "good condifion" vegetated corridors along Fanno Creek, Bal!
Creek, and the Soufh Fork of Ash Creek is 50 feet, unless wider in accordance with CWS
"Design and Consfruction Standards", or modified in accordance with Section 18.775.130.
If all or part of a locally significanf wefland(a wetland identified as significant on the Cify of
Tigard "Wetlands and Streams Corridors Map") is located within the 50 foot setback area,
the vegefated corridor is measured from the upland edge of the associafed wefland.
Not applicable. The site is not adjacent to Fanno Creek, Ball Creek or the South
Fork of Ash Creek.
3. The minimum width for "marginal or degraded condifion" vegetated corridors along the
Tualafin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the
Tualatin River Trail Sensitive Lands Permit Application Page 10
standard width, unless wider in accordance wifh CWS "Design and Construction
Sfandards", or modified in accordance with Secfron 18.775.130.
Clean Water Services requires a 125 foot vegetated corridor adjacent to the
Tualatin River; therefore, the minimum width required by the City of Tigard is 62.5
feet for marginal or degraded condition vegetated corridors. The majority of the
vegetated corridor was tletermined to be in degraded or marginal condition
according to Clean Water Services standards. Minor encroachments into the
degraded condition vegetated corridor are proposed to construct the trail;
however, a 125 foot vegetated corridor will be maintained on the site. A natural
resource assessment and vegetated corridor mitigation plan was submitted to
Clean Water Services for proposed trail impacts to the 125 foot vegetated corridor.
A Service Provider Letter has been issued for the project by Clean Water
Services.
4. The determinafion of corridor condition shall be based on the Natura! Resource
Assessment guidelines contained in the CWS "Design and Consfrucfion Standards".
The determination of the vegetated corridor condition is in accordance with Clean
Water Services Design and Construction Standards, Resolution and Order#04-9,
March 2004.
5. The standard setback drstance or vegetated corridor area applres to aU development
proposed on property locafed wifhin or partially wifhin the vegetafed corridors, except as
allowed below:
a. Roads, pedestrian or bike paths crossing the vegetated corridor from
one side fo the other in order to provide access to the sensitive area or
across the sensitive area, as approved by the City per Section
18.775.070 and by CWS "Design and Construcfion Standards";
Not applicable. The portion of the trail to be permitted and
constructed by the City of Tigard will not cross the vegetated
corridor from one side to the other.
The proposed pedestrian bridge over the Tualatin River has been
permitted by the City of Tualatin and is therefore not included in
this application. The City of Tigard delegated the authority to
review, approve and hear appeals for all design, budding,
permitting and construction management for that portion of the
trail located within the City of Tigard to be constructed by the City
of Tualatin.
b. Ufility/service provider infrastructure consfrucfion (i.e. sform, sanifary
sewer, wafer, phone, gas, cable, efc.), if approved by the City and
C WS;
Tualatin River Trail Sensitive Lands Permit Application Page 11
Not applicable.
c. A pedestrian or bike pafh, not exceeding 10 feet in widfh and meeting
fhe CWS "Design and Construction Standards";
The path is 10 feet in width and has been designed to meet Clean
Water Services Design and Construction Standards.
d. Grading for the purpose of enhancing the vegefated corridor, as
approved by the City and CWS;
Not applicable.
e. Measures to remove or abate hazards, nuisances, or fire and life safety
violations, as approved by the regulating jurisdiction;
Not applicable.
f. Enhancement of the vegetated corridor for water quality or quantity
benefifs, fish, or wildlife habitat, as approved by the City and CWS;
Not applicable.
g. Measures to repair, maintain, alfer, remove, add to, or replace exisfing
sfructures, roadways, driveways, utilities, accessory uses, or other
developments provided they are consistent with City and CWS
regulations, and do not encroach further into the vegetated corridor or
sensitive area than allowed by the CWS "Design and Consfruction
Standards.
Not applicable.
6. Land form alferations or developments located within or parfiaUy within fhe Goal 5
safeharbor setback or vegefafed corridor areas establrshed for the Tualatin River, Fanno
Creek, Ball Creek, and fhe Soufh Fork of Ash Creek that meet the jurisdictiona!
requiremenfs and permit criteria of the CWS, U.S. Army Corps of Engineers, Division of
State Lands, and/or other federal, state, or regional agencies, are not subject to the
provisions of Section 18.775.090.8, except where the:
a. Land form alterations or developments are located within or partially
wifhin a good condition vegetated corridor, as defined in Sections
18.775.090.B.1 and 18.775.090.8.2;
Not applicable. The proposed trail is not located within a good
condition vegetated corritlor, The portion of the vegetated corridor
to be impacted by the project is in degraded condition.
Tualatin River Trail Sensitive Lands Permit Application Page 12
b. Land form alferafions or developments are locafed within or partially
within the minimum width area established for marginal or a degraded
condition vegetated corridor, as defined in Section 18.775.090.8.3.
The minimum required vegetated corridor width for the marginal
or degraded condition vegetated corridor is 62.5 feet (50% of 125
feet) from the Tualatin River. The trail proposes minor
encroachments within the minimum 62.5 foot vegetated corridor
at the northwest extent of the trail tlue to the need to connect the
new trail segment to the existing trail stub at Cook Park.
These exceptions reflecf instances of the greater protection of riparian corridors
provided by the safe harbor provisions of the Goal 5 adminisfrative rule.
Narrative Addressing Chapter 18.390.040 6.2.(e): Impact Study
The impacts of the proposed project on public facilities and services are addressed below.
Transportation sysfem
The proposed trail project will not impact the transportation system. The proposetl trail is not
located adjacent to any roadways.
Bikeways
The proposed trail will connect to an existing trail segment at Cook Park and to the Durham Trail.
The trail will result in improved recreational opportunities for neighborhood residents and will
provide access to Cook Park, Tualatin Community Park and Durham City Park as well the
greenway along the Tualatin River.
Drainage system
The construction of the trail will result in a small increase in impervious area on the site. Stormwater
runoff from the trail will flow into the vegetated corridor adjacent to the Tualatin River: The vegetated
corridor will provide some water quality treatment for runoff from the trail. No water quality treatment or
detention is proposed for trail runoff since the increase in impervious surface is small, and no inputs of
pollutants are anticipated since trail users will consist of pedestrians and bicycles. The trail is not
expected to have a negative impact on the drainage characteristics or water quality of the Tualatin
River.
Parks system
The proposed trail will connect to an existing trail segment at Cook Park and to the Durham Trail.
The trail will result in improved recreational opportunities for neighborhood residents and will
provide access to Cook Park, Tualatin Community Park antl Durham City Park as well the
greenway along the Tualatin River.
Tualatin River Trail Sensitive Lands Permit Application Page 13
Wafer sysfem
No water lines are located within the project alignment; therefore, the project will not have any impact
upon the water system. The project will not result in an increase in the number of consumers of the
water system.
Sewer system
No sewer lines are currently located within the project alignment; therefore, the project will not have
any impact upon the sewer system, The project will not result in an increase in the number of
consumers of the sewer system,
Clean Water Services has a future planned project to construct an outfall from the Durham
Wastewater Treatment Plant to the Tualatin River. The City of Tigard Engineering Department has
coordinated with Clean Water Services during the tlesign of the Tualatin River trail project to ensure
that construction of the trail will not adversely impact Clean Water Services future outfall project,
Noise impacfs of the development
Construction of the trail will result in a short-term increase in noise levels due to the presence of
construction equipment. The proposed trail is located adjacent to Cook Park and may have a short-
term impact to park users. The proposed trail is locatetl approximately 0.25 mile from the nearest
residential neighborhood, and it is unlikely that the construction noise will pose more than a very minor
temporary impact to nearby residents.
Regular use of the trail will have the usual low noise levels associated with similar sized recreational
facilities. Since the project area currently contains a dirt footpath that is regularly used for recreational
purposes, the project is not expected to result in a long-term increase in noise over current levels.
Narrative Demonstrating Compliance with Chapter 18.790: Tree Removal
Site vegetation in the proposed trail alignment consists predominantly of non-native grasses including
bentgrass, meadow foxtail and tall fescue. Enhancement of the vegetated corridor along the Tualatin River
was conducted by Clean Water Services within the last few years. Tree plantings noted in the southern and
western portions of the field closest to the Tualatin River included red alder, western red cedar, big-leaf
maple, Douglas fir and Oregon ash. Tree plantings noted further north and east from the river included
Douglas fir, big-leaf maple, Oregon white oak and ponderosa pine. The trail alignment has been locatetl to
minimize impacts to recent enhancement plantings on the site, The locations of enhancement plantings in
close proximity to the proposed trail alignment in the west portion of the site were surveyed by the City of
Tigard and are shown on the construction drawings. Prior to the start of construction, 3 enhancement
plantings located within the construction easement will be relocated outside of the construction corridor to
avoid impacts. No trees will be removed for the trail project; therefore, no tree mitigation is required to meet
City of Tigard requirements.
Tualatin River Trail Sensitive Lands Permit Application Page 14
� � Map Features
Construction Easement
� Path
� Taxlots
�.t
���.City Boundary
Parks
0 Open VU�ater
SVeams
Caok Park Streets
� Railroad
Nae�.M additional 25 feet has been added to the vegetated
corridor to compensate fa the estimated+/-25 ft map
xrauacy of the bcation of the top of bank of the 7ualatin
Clt}�O Tigard RNer The top d 6ank was mapped based on aerial
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� ENVIRON�,SENT�LCONSULT�NTS REGIONALFANNOCREEKGREENNFAYTRAILMAP
8734-199 29 SEP 2005 FIGURE 2
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8734-199 NOV 2005 FIGURE 4
DatH,snuice.METRO RLJS.2005 Phnto BPS.2002
F'
Environmental Services
A DIVISION OF SWCA� ENVIRONMENTAL CONSULTANTS
Portland OfFice
434 NW 6�Avenue, Suite 304 ( Portland, Oregon 97209 � Tel 503.224.0333 Fax 503.224.1851
LETTER OF TRANSMITTAL
To: Clean Water Services Fishman Project No: 8734-199
2550 Southwest Hillsboro Highway
Hillsboro, Oregon 97123 Task:
' Date: 10/21/2005
Subjeti: Tualatin River Trail Natural Resource Assessment
Attn:Astrid Dragoy
Delivered Via:
� Mail ❑ Facsimile ❑ FedEx ❑ UPS
❑ Courier ❑ Hand-Delivered ❑ Pick-Up
No. of Co ies Descri tion: �
1 Natural Resource Assessment for proposed Tualatin River Trail
1 Sensitive Areas Cerfification Form
The above items are submitted:
❑At your request � For your review ❑ For your files
❑ For your approval ❑ For your action ❑ For your information
General Remarks:
Astrid,
Here is the naturol resource assessment report for the Tualatin River Trail project for which we discussed vegetated
corridor mapping and mitigation at a pre-design meeting on August 24, 2005. Please let me know the application
fee for this project and I will have the City of Tigard forward a check to Clean Water Seroices.
❑ Enclosure:
cc: Daniel Plaza, City of Tigard By: 5tacy Benjamin �"��/� ,/
Duane Roberts, City of Tigard
„"..� .�
Vannie N u en, Ci of Ti ard
a' ` ; . , � .� .
����ti�rwii.��W�'4+��� PorflorxiOffire
F.�rvironmenta,l Services q34 N�N$;zth AYanue,Suiie 30A
� Por`laec;,O�egon 972p9
n C I Y s 5 i O N c�F Te1 503.22G.0333 Fcix 503.224.1851
�./� � r� p� wv.,v.s�,cti.:om
y �r < �
ar'}� � [NWRONM6MTALGONitIlTANTf
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i
.�_
Date: October 21, 2005
To: Astrid Dragoy, Clean Water Services
Cc: Duane Roberts, Associate Planner, Long-Range Planning, City of Tigard
Dan Plaza, Parks & Facilities Division Manager, City of Tigard
Vannie Nguyen, Engineering Manager, City of Tigard
From: Stacy Benjamin, Senior Project Manager, WetlandlEnvironmental Assessments
Subject: Natural Resource Assessment for the Proposed Tualatin River Trail
INTRODUCTION AND BACKGROUND INFORMATION
The Portland office of SWCA Environmental Consultants (SWCA)�, was contracted by the City of Tigard to
conduct a natural resource assessment for the Tualatin River Trail to meet Clean Water Senrices
requirements. The City of Tigard's proposed Tualatin River Trail will extend southeasterly from Cook Park
toward the Burlington Northern railroad trestle (Figure 1). The Tualatin River Trail has been itlentified on
Metro maps as part of a regionally significant trail system (the Fanno Creek Greenway Trail) that will
connect the Cities of Portland, Beave�ton, Tigard, Durham and Tualatin through a 15-mile corridor
extending from the Willamette River to the Tualatin River (Figure 2). The Tualatin River Trail is a
cooperative effort between the Cities of Tigard, Tualatin and Durham and will provide a link between three
large community parks: Cook Park, Tualatin Community Park and Durham City Park. The trail will also
provide a link between three trail systems: the Tualatin River Trail, the Durham Park Trail and the Fanno
Creek Trail. The City of Tualatin will design, permit and construct the railroad undercrossing segment of the
trail and a 250-foot Tualatin River pedestrian bridge. The City of Durham will design, permit and construct a
short segment of the trail extending east of the railroad undercrossing segment to the existing Durham trail.
The approximate location of the proposed Tualatin River pedestrian bridge is shown in Figure 1. Letters
from the mayors of the City of Tualatin and City of Durham documenting the cooperative effort between
Tigard, Tualatin and Durham to connect the Tualatin River Trail between the three city parks are included in
Attachment A.
The Tualatin River Trail will begin at the existing trail stub at the southeast comer of Cook Park(tax lot 2S 1
14DA 300) and will extend southeasterly through the south portion of the Clean Water Services Durham
Wastewater Treatment Plant site (tax lot 2S 1 14DA 100) to the west side of the existing Burlington
Northern railroad trestle, located approximately 100 feet west of the existing paved Durham trail. The
proposed trail alignment is shown in Figure 3, and construction drawings are included in Attachment B. The
finish elevation of the trail will be at existing grade (construction will involve excavation and placement of
�The Portland, Oregon office of SWCA was acquired from Fishman Environmental Services in 2004.
SWCA Environmental Consultants
i
. , Natural Resource Assessment
Tualatin River Trail
October 2005
the gravel base below existing grade). Drawings showing the existing ground elevation and the proposed
trail elevation are shown in Attachment B.
Since the Tualatin River Trail is part of a regional trail system, it will be constructed to be consistent with
Metro's regional trail standards as well as the Oregon Department of Transportation (ODOT) Oregon
Bicycle and Pedestrian Plan. The proposed trail is anticipated to be a high-use, multi-use path which will be
used by pedestrians, joggers, skaters and bicyclists as a two-way facility. The ODOT Bicycle and
Pedestrian Plan standard for multi-use paths is 10 to 12 feet. Although Metro does not have a written trail
width standard, they encourage Iocal jurisdictions to construct regional trails that are 10 to 12 feet wide with
an additional 1 to 2 foot shoulder (personal communication, 9/23/05, Mel Huie, Metro). Based upon the
ODOT and Metro trail standards, the City of Tigard is proposing to a 10 foot wide paved asphalt path with a
1 foot gravel shoulder on each side, for a total trail width of 12 feet from edge to edge including the gravel
shoulder. The proposed trail segment is 1,365 lineal feet.
EXISTING VEGETATED CORRIDOR CONDITION
Vegetated corridors are located both to the north and the south of the proposed trail alignment (Figure 3).
Emergent wetlands and their associated vegetated corridors are present to the north of the trail, and the
Tualatin River and its associated vegetated corridor is present to the south of the trail.
VeQetated Corridor to No�th of Trail
SWCA delineated wetlands on the Durham Wastewater Treatment Plant (WWTP) site in 2004. Two
wetlands were delineated on tax lot 100. The delineation has been concurred with by the Department of
State Lands (DSL WD#04-0590, dated February 16, 2005). A copy of the concurrence letter is included in
Attachment C. Both wetlands are greater than 0.5 acre, and the slope of the area adjacent to the wetland
boundaries is less than 25%. Therefore, a 50 foot vegetated corridor is required adjacent to the wetland
boundaries. The distance between the proposed trail and the outer edge of the vegetated corridor ranges
from 125 to 350 feet; therefore, no impacts to the vegetatetl corridor located atljacent to the wetlands on
the WWTP site will occur as a result of this project.
Veqetated Corridor to South of Trail
SWCA conductetl a site visit on July 19, 2005 to walk the proposed trail alignment and evaluate the
condition of the vegetated corridor adjacent to the Tualatin River. The stream banks of the Tualatin River
are steeply incised in the vicinity of the trail alignment. The topography of the area above the top of bank is
very flat; therefore, the vegetated corridor required by Clean Water Services extends 125 feet from the top
of bank of the Tualatin River. The location of the top of bank of the Tualatin River was mapped
approximately in the field based upon aerial photograph interpretation (Figure 3). Four vegetated corridor
communities are present adjacent to the Tualatin River. Vegetated corridor condition assessment data
sheets are included in Attachment D.
Vegetated corridor community 1 (Plot 1) is located adjacent to the north portion of the trail alignment at the
top of bank of the Tualatin River. This area was planted within the last few years with Douglas fir, red alder,
big-leaf maple, western red cedar and vine maple and comprises 25% of the vegetated corridor. The
plantings range from approximately 8 to 20 feet tall and provide approximately 50% shrub cover. The
herbaceous layer is dominated by non-native grasses including tall fescue and meadow foxtail. No mature
trees are present, although the tree species present in the shrub layer will soon reach tree size. Community
1 was determined to be in degraded condition due to having no tree canopy cover.
SWCA Environmental Consultants Page 2
� � Natural Resource Assessment
� Tualatin River Trail
October 2005
Community 2 (Plots 2&3) is located southeast of Community 1 at the top of bank of the Tualatin River and
comprises 35% of the vegetated corridor. This community consists of an open canopy riparian forest that
has become invaded by Himalayan blackberry. Tree canopy cover is 45 to 50% and is dominated by big-
leaf maple with lesser amounts of western red cedar, Douglas fir, red alder and Oregon ash. The
understory consists of nearly 100% Himalayan blackberry. Invasive species control is being conducted on
the site, as evidenced by the presence of dead cut blackberry canes. The shrub layer contains small
amounts of snowberry and black hawthorn. Community 2 was determined to be in marginal condition due
to having cover by native trees and shrubs between 50% and 65% antl having tree cover ranging from 45%
to 50%.
Community 3 (Plot 4) is located at the top of bank of the Tualatin River adjacent to the southeast portion of
the alignment and comprises 35% of the vegetated corridor. The tree canopy is dominated by big-leaf _
maple, with Douglas fir and red alder as subdominant. The shrub layer contains mainly snowberry and
beaked hazelnut, with lesser amounts of Pacific ninebark, vine maple, ornamental hawthorn and Himalayan
blackberry. Douglas fir and grand fir saplings are also present. The herbaceous layer is dominated by
Dewey's sedge and Pacific blackberry. Community 3 was determined to be in good condition due to having
200%cover by natives and 80%tree cover.
Community 4 (Plot 5) is located in the easternmost portion of the trail alignment and comprises 5% of the
vegetated corridor. Vegetation is dominated by non-native grasses including bentgrass, tall fescue and
meadow foxtail with small amounts of red clover, white clover and Canada thistle. Community 4 was
determined to be in degraded condition due to having no cover by native species and no tree canopy.
PROPOSED VEGETATED CORRIDOR IMPACTS
A map of the wetland boundaries on the WWTP site, top of bank of the Tualatin River, vegetated corridors
and proposed trail alignment was created using a Geographic Information System (GIS) and is included as
Figure 3. The location of the top of bank of the Tualatin River was mapped approximately in the field based
upon aerial photograph interpretation. The surveyed location of the proposed trail alignment was imported
into GIS from Autocad. Since the location of the top of bank was not professionally land surveyed, we
estimate the map accuracy of the location of the top of bank and the 125 foot vegetated corridor to be +/-
25 feet. For the purposes of calculating the proposed vegetated corridor impacts due to the trail, an
additional 25 feet has been added to the vegetated corridor width to take the map accuracy into account
and to avoid underestimating the proposed vegetated corridor impacts. This methodology for determining
vegetated corridor impacts for the project was approved by Clean Water Services during a pre-design
meeting on August 24, 2005.
Site vegetation along the proposed trail alignment consists predominantly of non-native grasses including
bentgrass, tall fescue and meadow foxtail. Enhancement of the vegetated corridor along the Tualatin River
was recently conducted by Clean Water Services within the last 1 to 2 years. Tree plantings noted in the
southern and western portions of the field closest to the Tualatin River included red alder, western red
cedar, big-leaf maple, Douglas fir and Oregon ash. Tree plantings noted further north and east from the
river included Douglas fir, big-leaf maple, Oregon white oak and ponderosa pine. Shrub plantings were
present near the northern end of the trail alignment and included vine maple, snowberry and oceanspray.
The trail alignment was determined during a site visit conducted by City of Tigard and Clean Water
Services staff. The location of the trail was determined by Clean Water Services (Kendra Smith), acting
both as the land owner and environmental permit authority. The City of Tigard had no role in determining
SWCA Environmental Consultants Page 3
� � Natural Resource Assessment
� Tualatin River Trail
October 2005
the alignment. The purpose of the site visit was to locate the trail to minimize vegetated corridor impacts
and to minimize impacts to enhancement plantings installed by Clean Water Services along the Tualatin
River. The City of Tigard has obtained a legal easement from Clean Water Services for the proposed trail
alignment.
Construction of the trail will result in 8,520 square feet of permanent impact due to the 12 foot trail and
shoulder width. Temporary vegetated corridor impacts within the 25 foot wide construction easement will
result in up to an additional 6,245 square feet.
PROPOSED VEGETATED CORRIDOR MITIGATION
Since Clean Water Services is planning an oak savanna restoration project on the Durham WWTP site,
mitigation for proposed vegetated corridor impacts due to the trail will necessarily occur off-site to the north
at the City of Tigard's Cook Park (Figure 4). Mitigation for the proposed 8,520 square feet of permanent
impact will consist of enhancement of 8,520 square feet located east of the existing Cook Park Trail in the
north portion of the Cook Park site. The proposed vegetated corridor mitigation area is an approximately 25
feet wide by 340 feet long area located west of the Cook Park wetland mitigation site. The existing
condition of the proposed vegetated corridor mitigation area was documented at vegetated corridor plots A,
B and C and was determined to be in degraded condition. The proposed vegetated corridor mitigation area
consists of one community dominated by Himalayan blackberry and non-native grasses. Vegetated corridor
condition assessment data sheets are included in Attachment E. Enhancement will consist of removal of
Himalayan blackberry and planting of native trees and shrubs. Planting specifications for the proposed
mitigation area are included in the table on the following page.
The temporarily impacted vegetated corridor area within the 25 foot wide construction easement will be
rehabilitated after completion of construction by seeding all disturbed soil areas with the seed mix specified
in the vegetated corridor mitigation plan. The temporary disturbance area currently consists of a non-native
grass community. The trail alignment has been located to minimize impacts to recent enhancement
plantings on the site. The locations of enhancement plantings in close proximity to the proposed trail
alignment in the west portion of the site were surveyed by the City of Tigard and are shown on the
construction drawings in Attachment B. Prior to the start of construction, 3 enhancement plantings located
within the construction easement will be relocated outside of the construction corridor to avoid impacts.
SWCA Environmental Consultants Page 4
� � Natural Resource Assessment
Tualatin River Trail
October 2005
Tualatin River Trail
Plantin S ecificafions for the Ve etated Corridor Miti ation Area (8,520 s uare feet)
Spacing/
Scientific Name Common Name Size Seedin Rate Quantity
Trees
Acer macro h llum bi -leaf ma le 2 allon 10 feet on center 25
Pseudotsu a menziesii Dou las fir 2 allon 10 feet on center 40
uercus arr ana Ore on white oak 2 allon 10 feet on center 20
Shrubs
Holodiscus discolor oceans ra 1 gallon 4 feet on center 100
Mahonia a uifolium tall Oregon grape 1 gallon 4 feet on center 126
Ribes san uineum red flowerin currant 1 allon 4 feet on center 100
S m horicar os albus snowberr 1 allon 4 feet on center 100
Seed Mix
Bromus carinatus native California seed l O lbs pls/acre
brome As needed for bare
El mus laucus blue wild e seed lO lbs ls/acre soil areas following
completion of
Festuca rubra var. rubra native red fescue seed S lbs ls/acre construction.
Lu inus polyphyllus large-leafed lu ine seed 8 Ibs pls/acre
Planting Notes(per CWS Desi�n &Construction Standards Ap�endix D Landscape Requirements,March 2004):
1) Plantings should preferably be installed between February 1 and May 1 or between October 1 and
November 15. Plants may be installed at other times of the year; however, additional measures may
be necessary to ensure plant survival. Irrigation or other water practices (i.e. polymer, plus watering)
shall be used during the two-year maintenance period. Watering shall be provided at a rate of at least
one inch per week between June 15 and October 15.
2) Plantings shall be mulched a minimum of three inches in depth and 18 inches in diameter to retain
moisture and discourage weed growth around newly installed plant material.
3) Tree plantings shall be protected from wildlife damage (beaver, nutria) by installing tree-protector
tubes or wire mesh cylinders around newly installed plantings.
Maintenance Plan:
1) Clean Water Services requires a two-year maintenance period for vegetated corridor mitigation. The
mitigation site is to be inspected annually, a minimum of three times during the growing season and
one time prior to onset of the growing season. Invasive species control is to be conducted as needed
based upon the site inspections.
2) Clean Water Services' success criterion for vegetated corridor landscaping is 80% survival of tree and
shrub plantings during the 2 years following planting. The vegetated corridor landscaping should be
monitored annually in the spring or fall to assess survival of tree and shrub plantings. If any mortality
is noted on the site, the factor likely to have caused mortality of plantings is to be determined and
corrected if possible. If survival falls below 80% at any time during the two-year maintenance period,
the plantings shall be replaced, and other conective measures, such as additional mulching or
inigation, may need to be implemented. If replanting is necessary, the maintenance period will be
extended for two years from the date of replanting.
SWCA Environmental Consultants Page 5
, ,
Map Features
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-- ���� Path
0 Taxlots
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y g Q Parks 8 Open Space
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ENVIRONMEN7�L CONSULT�INTS Site LOCOtiOn
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8734-199 29 SEP 2005 FIGURE 1
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ENVIRONMENT/1LCONSUITANTS REGIONALFANNOCREEKGREENWAYTRAILMAP
8734-199 29 SEP 2005 FIGURE 2
Dete Source:METRO Repwnel Parks end Gieenspeces.zz
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2s„aAOO,SOO . Map Features
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_ q .� �� �',�t • Vegetated Corndor Sample Plot
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-���� Construction Easement
' �/
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" ;� - Permanent Impads(Path 8 Shoulder)
�'l�� f � Top of Bank
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i //,./�/;! %";/% Study Area Boundary
MITIGATION SITE
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-r"".$��� � / RNer.The top d bank was mapped based on aenal
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ENViRONMENT^L CONSUITANTS Vegetated Co►ridor Impacts
0 50 100 200 300
8734-199 16 SEP 2005 FIGURE 3
Dafa sowoe:METRO RLIS,2005.PIO1o,BPS,2002.
* � Map Features
� .
• Vegetated Corridor Sample Plot
.+,�. � ��,��, � Wetland(approx.boundary)
, �y� �.. . .�."�. %
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ENViRONMENT,1l CONSULTANTS Vtgefafed CorTidor Mitlgation
0 25 50 100 150
8734-199 29 SEP 2005 FIGURE 4
Dete souim:MEiRO RCIS,2005.Pfaro,BPS,2002.
ATTACHMENT A: �
LETTERS FROM MAYORS OF CITY OF TUALATIN AND CITY OF DURHAM
SWCA Environmental Consultants
1
s� I
, :::;� �Y� Of 2.. .�'la�sY'l
� ���, 17160 SW Upper Boones Ferry Rd. e-mail:durt�amcity�a?aot com
�'��'�� �= P.O.Box 23483,Dufiam,Or on 97281 503 639�851 Fax(5a3)598-8595
� � Roel C_Lundquist-AdmiriistratorlRecorder Linda Smith,Adrninistrati�e Assistant
G ery SchiYado
MAYOR
pctober 27, 2003
pregon parks 8 Recreation DepartmE;nt
LWCF Grants Program
S�lem,Oregan
Re:Support for City of Tigard's LWCI=Grant Applicafion
The City of Qurham is highly suppa�tive o�Tigard's efforts to exkend a trail that would connect
our city parlcs. pur'ham's City C.ouncil and Planning Commission have discussed this topic at
numerous meetings and been advocates for extending the trail netu►oric bet�++re�n�9ard,Tualatin
�nd Durham.
It is ou� understanding that the City of Tgard has applied for a federai LWCF grant to partiatly
finance the construct�on of the co��necting trail. Bec�use af the treme�dous benefit to bath
communities, we are committed ta compleUn9 the shor� S�nk betwe�n �� eastem terminus of
Tigard's proposed�vec�side trail and the existing Durham trai�-
7hank you for your efforts to make I.his goal a reality.
Sir� ly,
. ��
ery Schirado
Mayor
c: Ouane Roberts, CitY of Tigard
GSlrcl
C:1WiAwOrdlCounCiflCOUACif200:9tigS10-27-03 TigarQ Trail.doc
E0/Z0 3Bdd 1d3Q JNIQ�If1H Q�It7�Il Z89EbZ9�05 50�0Z 900Z/9Z/89
-�
. ,�:
� . ��.` � City o� �ua�.la�in
'`.�. � �ggg0 SW Martinazzi,'��cnue
� ' are on 97U6i•709Y
� 1 ualatm, g
� Main 503.69�.YU00
7DD 503.6o4.os�a
October 28, 2003
p�egon Outdoor Reueation Cc►mmittee
Qregan Parks and Recreation I�epartment
A�� omm cia St eet NE Su t Grants Project Manager
115 C
Salem, OR 97301-1002
pear Ms. Lippin�ott and Comn�ittee Members:
l am writing
to support the Cit�t of Tigard's grant app��cation to construct the portion of the
Tualatin River Trai{ fram Cook.Park to the future t m and prov de community access to t�he�ec
' will fill a key 9aP in the existin� riverside trail sys
future 25i�-foot Tualatin River pedestrian b a 9�'1n eason�,he si�zeable flock o1f m xed dabbled
complete d trai l wi l l �ff o r d v i e v u s o f t h e n v e r ,
ducks and geese that winter`�n the adjaining 40-ac�e Tigardl Clean W a t e r S e r v i c e s m e a o w
area. will
si nificanCe is th�t th�3 trail segment,togather with the new pedestrian bridge,
Of�cey g
interconnect the trail system:� and majoc parlcs °nl�wa kers,fbi ea idepu ska e s�wheel`Ch���
The traif will be a treme n d o u s b e n e f i t t o c o m m u Y
users, and others seeking a natu�al experience 2�ndlor altem2�tive acces s t o t h e t h r e e a d�o i n i n g
communities.
ro osed trail projeCt i� respectful of the naturai 5{�c Cond tio s as�an'oak sav nna lean
The p P
Water Senrices Plan to rest�are the meadow�r�tO • e 4Q etation between the tr�il and
airie. The tra�l alignment��ollows the cive�and a ri t of nlat�ve�angs, trees, and sensitive areas.
pr e includes the dense pfan� 9
7he proje�wo�SC°p
�iver. Iication.
� all these important rea:7ons, we strongly urge your suppo�of the Tigard grant app�
�o� er, mulii-jurisdiction, river-related,
The tr�ii proj8ct in que5tfo�r� is an essentia}piece of��arg S�uthwest PoRland mettopotitan
' r�d e! arlcln�tural ar�:a project that wiN provide w t�in tneecreational experience for the
tra�Vb g p
whole a�ray of park and tr<�il users living and workmg
area.
Sincerely,
Lou�gden
Mayor
E0/E0 39tid 1d3Q JNIQ�If1H Q�JdJIl I89EbZ9E05 50�0Z 500Z/9Z/86
ATTACHMENT B:
TRAIL CONSTRUCTION DRAWINGS
SWCA Environmental Consultants
i
� ' I
� ��, � TAYI.OR'S iFARY
II � —
CITY OF TIGARD N b
A '�'°� ��
,
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O RE G O N -, � , �TM�or,� v� �";;
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PLANB FOR PROPOSED PROJECT ; • � i <
---e�nea+s.;� �try. � sm�T ��� ��i ��
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i� Q� �
S111EET ;" 11COGMAID
�\_ lULL 110U11TAN�D
J �� BONTA �p
TUALATIN RIVER TRAIL \� � �' �! � -�
.�r""°�?' $= o�,�, � _ ,$�'- I
PAVED PATHWAY �� � ������
� � � ��r�
INDEX OF SHEETS FRCM CONCRETE PATH TO RAILROAD CROS81Na �� ��__}__
� ����
1 LAYOUT — 1+00 TO 6+80 —
2 LAYOUT — 6+80 TO 11+80
VICINIIY MAP
3 LAYOUT — 11+80 TO 15+50 TO BE BUPPLEMENTED BY TF� CITY OF TIOARD DES13N 8TAN�ARD8 DATED JULY 16. 1998
, I I
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"^' nn nos u.g scir awsnavcmN ;
..d�''I' .Am�2Q ?005
AT7ENTION: Or IoM requires you to /oNo�r rulee odopted by ` � VANNIE T. NCUYEN. P.E. CITY OF TIGARD
tAS Oreqon UtY�NodReatlon Centar. fioss ruln aro xt /aYA I
N OAR 952-001-0010 through pAR 952-001-0090 You maY ��y
oetwn coples o�me ndea by cdtlng Ne cw�ter. I i'°`N��� ����� ENqNEERING DEPARTMENT
Notr. MO felaphons numbar for Ms Qegon UtNlfy NotilPcotlon � {9�1 ♦
r�tx Is(50.3)232—t987). p„n 13125 S.W. HALL BLVD.
��� �� °"O01 osi i 71GARD, OREGON 97223
1-800-332-2344 �. r�ti�� ? ,,,�o, VqCE: 50,3-639-4171
��t Mo� "°"T ND' " FAX: 503-624-0752
n�►urw pnpe coac v�rtK ra�,a - _ � WWW.CI.i1GARD.OR.US
0°! '�— r�nrst w�c
CURVE DATA
I Curve L � T R 25
�J l�J l�) �
� PC 1+01.18
i Cf PT 1+24.81 23.63 67-41-50 13.41 2p � c
� PC 2+09.95
� i a>
c2 i2zi� ��-4e-2a n..ss sp �, 2, � 5' S� 2, — � r��n
� PT 3+3212
Q j C3 PC 4+31.05 25.50 12-10-33 1280 120 � ,j" AC 3 4�-0� �\\ �
PT 4+56.55 �
- - - -- _ _ PT 6t15.94 90.24 43-OS-1B 47.38 120 0 ;'
SCALE: 1�
(� i� , - ______ - Cs �� C/oss "C" Shou/der i�E;
U c? � �
ao m o m � �'� _ + � �� � s;�o+ �ock (typ)� � �,i �
, �-I- , ' � I / `� '.��
� � � _ , � , � � '%�i S 2� ,
i - _ - � � � � � � : � v� �,� �-� �?
-' __------__ � �_, G� ,� ,� � � � �' � ��_ � c'� � �
F ,�� i��� �i� �, �:
� �,� � ���� �, �V�vr � ��� -�/`���j�i/,��.,�/. �����ij�n/,!�� '//:_ i�/� \,��+
�� j� � � � � ,, � , �� �, , i `�� o��
� � f � , _��' /'� � ���, " �� ��`� ���, � Compocted subgrade
) \ �\ 4" fhick 3/4 "-0" rack over�
� ,
� � W � � 7" thick 2°-0" �ock
- W ��� � _ w �, � _s ��_
� � i,_� � � / � ��� W ,\ \ ��O,� ' ` '--_ �
� � ; � � x � � 9s fNT e � �"� _ __ --__ - - � rrPicAC sECnoN
2 °' ' ���� ' �� "� - --_
pf MAPL 5" � / �� .� / \ � � -_ `�
� ���:G ,�'3 yy ��T?� ; / � ., �� FIR �., j / i`I C3 _ _____ -___ f � y���
� � _ � !�_ \�
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n�'k o F�. �-REL -
�
C' °' ��� m: ' �� � - - /�---- A 4`
h q m p --_ `
� � � �/ �FiR z / � �/' _ _ y � �
'� n�u� FiR � :a��EOaF ," � - -�
m$ 2�u °` MHP�e �' � ,,�' r+FwTHOPra i" � SCALE; 1� =20' °i, � \ � \��\\ � �
�� \, ��
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. �
� �
�� � � �� Nr :��� �' � \ �,� ,, �. PRELIMINARY
\\ , �� , ,� ��P � �� � ,� '��
/�.- �. HA IJ 10'; � � ' \ x � A
wacer ro�vcNew,ue cawrerirs
� ��i .� � + � � � � �� � oo Nor usc�mvsmucnav
4SH 'S yy�CEDSR .5" '
a�' � �ne?d 2005
�c ��wRfL existing`Free storts % �
���� � � ��� s di�ected by Engineer ��` �
����i +���_EOa�� ���� Reld (TYP) �,�� ���, � �� ��-� DRAW/NO PLOTTED AT �
:`,� �A� �e° �\ �� ��- � , � � HALF TH£ NOTED SCAL£ j
�_ = I{�move stump � \ � p
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, , \\�`� ` W
� � '� � Z
.�
,\�� � '
i_ L L L L�� L�L�L L L -� � � � �-_ U
LOW PO/NT ELEV= 116.61
_ �
LOW POINT STA = 2+08.33 �
o PVISA = 7t8
� PVI EL V= 116. 9
A. = 3.00
130 ' K �s.s�
� a s oo' vc
�'� M
.h
� o ^ c��o � a
125 2 + `°
Uo o i
h
2� c° O
� II
� + + ALE: 1" =20' H Q �
� ti W
120 + �v 1' S' V Existin � W
j gro e ,� � �
— --2.90� m W
0.10%
115 _ — - - - - — � - - - -
Proposed
grade ot � -
�
a�, oi� �� o�� 4'� a'� `�,� `a� �-� `n� �'� �-� � _� � �n ro m ='� ��`�w v,� Q,rn �a �-� �I�� � � �n o �� ,��
a, ro �, w a o � �n n , v,
_ `�'� �e ��� `�'�c �� `�.� `��o `D� .;� .�� `;'� `��o ;� ;�d �� `��d �e '�'� ,ro ^IK �� �^w �;^ r;^ ^^ ,^4�
� .,^ .,^ �^ ,^ .,w .,^ , ^.� ° , R
"� , „ ,i'.
0-F80 1+20 1+60 2+00 2+40 2t80 3+20 3+60 4+00 4+^
40 4+^
80 5+20
5+60 6+00 6+40
6+80
oA� REVISION No. BY ,��a�y� CITY OF TIGARD SHEET
DESIGNED BY: ET/KMA ���,�.p T U A L A T I IN R I V E R T R A I L
ENGINEERING DEPARTMENT
DRAWN BY: K►IA L�
73125 S.W. HALL BLW.
o��,►�H a, ��oog � Y,.�..� t TIGARD, OREGON 97223 CONCRETE PATH TO RAILROAD CROSSING
�N ,yF, / �,i VOICE: 503-639-4171 �
SCALE: AS SH01NN T NO '�il`.�i fAX: 503-684-7297 LAYOUT ANp PROFILE; 0+00 TO 6+80 OF 3
FlLE LOCATION:N:\ENG�2003-2004FY CIP°�PATHWAY AT COOK PARK SRE.DWG PROJECT N0. 0511 @� fl��
�' WWW.CI.TIGARD.OR.US
.\
--- - -�-� � - - _ w°
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N � ,a o � ___'— k•-/l----- ---- J '
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`t`� ��_��.�� -—— �� as � �� � �
\ \;��---�- --_-- --- �,,�� \:_ � CURVE DATA
- � _ _ ` - - -�
_—�rs � ` � Curve L 0 T R
\ � � i � � (�) C�/1 C�1
� � � � , �� PC 6+19.40
� ' � CS pRC 7+SB.98 �39.57 99-57-46 92.28 80
,., � �`\ � " ,. ' �
' ^ � `__ � x � PRC T+58.98
� . i� � ,` C6 pRC 8+61.69 1O2�2 �3-33-55 59.@1 80
� o, � C7 PRC 8+61.69 84.02 80-13-57 50.55 57
� \ �` /�� /' � O PCC 9t45.91
/ PCC 9+45.91
\ " --— -" ��/ � C8 PT l0t30.71 85.00 46-22-56 44.9B 105
SCALE: 1� �20� \ X� - � � C9 PC f0+45.97 105.87 75-49-37 62.31 BO
�� _ -' / PT J1+S1.B5
- - �,
_ _ _�.(��
�-(
/
' %
/,
-� /
� H/GH POINT EL£V= 1 T 9.07
H/GH POINT STA = 9+02.73
PN STA = 9+00
A.D. -1.10 - -- � - -
K = 4.55
130 60. ' ►�C
p� �.�
m Oi .��. �
� � 0 �
I I
f25 M ^ 125
�
m a � 4+
fxisting I v� 4�
120 m � g�ode ot��-, S S
4 4 120
o.sox — -- — i — — — -- _ _ _ - .soz _ — — —
rPropose l - — -- -1.
1l5 grode o �— — — — --� —
115
1f0 110
, � �� �^o „�, �-,,;� �,� .�In , a -- „��v „_.� -;`� � h ��n �i�n .�n �,h o �m �r� o,�`f v^ �e �"'� �c,�
��� I�o �n = a o o , o a ro n �o °�� .r o �n a �o a m
r�^ r�^ ���:� .;4 cr.�j a�� �-;I� c,��� o-� n�;� . .
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.�� ' .iw ' .. . _ . .._..� _. _ ;_ „ - w „ I ��^,� ., .�
w Iw ~~ � w - ^ w ~ ^�~ w w ~^ � pRELIM/NARY
__ -- - —
6t80 7t20 7+60 8t00 8t40 8t80 9f20 9t60 10�F00 10-I-40 10-F80 11+20 11+60 �r ro,��,�„o�rs
ao Mo�us rw mvsmucna+
- - .Ane?4 200.5
SCAIE: 1' � S' H - - --
�. �20. � I DRAW/NC PLOTfED AT i
HALF THE NOTED SCAL£ '
o�� ' �ens�ar wo. ev
SHEET
o«� CITY OF TIGARD TUALATIN RIVER TRAIL �2
__ oES�c��o BY: �i/K��. `���i ENGINEERING DEPART1dENT
DRANN BY: KYA
���ev. �-- �� 13125 S.W. HALL BLVD.
TIGARD, OREGON 97223 CONCRETE PATH TO RAILROAD CROSSING
o�h: w�pcH a. Zoos °�,�`��•`'��� �,,�,I,,r VOICE: 503-639-4171 2
! SCALE: AS SHONM. . .- T MO ��1����' � FAX: 503-684-7297
-���4 WWW.CI.TIGARD.OR.US LAYOUT AI� PROFILE - 6•80 TO 11+80 OF
FlLE IOCATON:N:\ENG�2003-2001FY CIP'�PATFiriAY AT COOK PARK SITE.DWG � '�PROJECT N0. OSl t � 1°�— 3
CURVE DATA
� = Curve L � T R
l�`� !� lRJ
� � PC 11+88.36 �59.49 33-50-39 82.15 270
SCALE: 1' �4(� PRC l3t 47.B4
N I / fi� //; O PRC 13+47.84
:o ro o ao I `"f Cff 48.00 13-45-03 24.12 200
�TMMO°O"� � PT 13+95.84
�O � ��� ��%� � PC 14t50.16
x �;16 � /, 1 8.79 2-31-07 4.40 200
/ /� � � � � �,wr H s•.�� � � � ' ;�� PC 14+86.45
2�� I Cf 31.72 18-10-23 15.99 )DO
�
�� �'� � PF 15+18.17
J ', ` � 1 `
�C.r� �y%� ,\ � I M wnn�z=� 1 � End Conatructlon
�,r �\ \ ��,_ ` ` ` _ _ ���in� - 1 �
��� � � X R=1 D�
, � _ ��_ c<srM«„ �` '� � ' � � N 637758.939
' S„�_F Cff - _ �/ 1 I Tz �`"2 �, f 7620550.63B4
�i.;i(�o e-a-
�,/J ;��\ �� _ �,� - -�- -- - - - - -- -`��., f--____-_�_ - �� � , i � � z � ,,i Match existing
' \ /� ' - - - +� ' _ -�\-��- �_ _j,_ �� ,'i;
_ � -_ ----- ------- �--' -v+o��oes ------ -_ ! �� - - -= �� _ :�i�.
-- � �./_ ,'E:,�EMeN? 119 � - 1_ - _- ± _- . �'�,
.r'`�"-'< <\ �� /�' _ - -- � �
�-
_ � _ _ A A _`A J _ }�.�- I �=� ���
, 4 �v}_�J�J\�_.��J'� fi.'� ri . /.�
�/ � y�/ y�-� A A A�/�A���-�-%�"- TY I - i
'\.�� r-�/ v�-�-AJ`✓ �'.,� I I nww�nVRr�e_b � '�r .
'ETLRfIi PO...,n=F � _�_4 �_�y----- ----- - -------� I
I �1
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� � r t�� J 1 1�JALA�IN R/'VEJ4 i � � � � � i
,: i � , ,
SCALE: t' =20'
14t6B.89 L
LOW PA�NT ELEV= 117.28 f24.33
LOW POINT STA = 14+64.59 HIGH PO/NT fLEV= 119.44 14+70.71 R
HIGH POYNT ELEV= 118.88 Py STA = 14+70 HIGH POINT STA = 15+19.59 124'S9 - 14+B5.67 L
HICH PDINT STA = f4t00.94 P� ���� »6•'� PN STA � 15+15 124.39
LOW POlNT ELEV= 115.36 PN STA = 14+15 A•0• ' �220 Pl�i ELEV= 119.64 � 14+97.75
725.75
� Vi STA = 12+� PN ELEV= 117.82 A.D��;��15 60.00' VC K 203�- -(�j h �fxisfinq ground
P ELfV = 114.84 A.D. � -210 2 .00' 4C � m' i
A.O. _ .35 K = 23.81 K � � l N � -P�oposed
1 3 0 � 50.00' e, ^ � o `� ' rade
� 9
b 85.00' N �j � w a � � � U o, ,
� �I � �
125 --1- � � � � ° I � o � W+�'
'� a + h �' �' ,� � '� J4+70.14 �_ -- �
u�
� e "� Existing '`� � ^ � r`r�._u� ; A
120 ± � � grode at �-.. � � � m � 117.32 FG -' �- 14t85.85
" � W � � i � - _ _�; 7�. �11?66)
'�i m 1.40X _ -- - �- � - 11�74 fG
� - _ }-
15 - - _ _ __ _ - - _ I Pro�os�e � TRESSLE ELEVATIONS
grode aT - -
SCALE: 1 �20' H
1 = 5' V
��� �RELIA�/lNARY
, to ao
r,N �,N �.,: � c� _oi _,�o �_4� .,,r o � c .r r.
�� i.)� r�� tr�� ' � _`1 _ '�O �O r` � Oi 4� i!1 G � O I�
v �,vj �r,h � cc� �� �''� I`o �a� I�o a �"� �n h .r a ssrcr m�e�cr�no awcxrs !
.;RI `�� ,'�.h .;'b � �� i� ,;4j �''4j �'�Op °;yj Q,qj ��^ 7�^ �:^ pj� Qj q Oj� q.� OD MOi IRY ffM IXMS/RUCIKW j
. �i... _ __ � -- - -�.bm 2$ 2005
12+00 12+40 12+80 i3t20 13+80 14+00 14+40 14+80 15+20 15+60 DRAW/NC PLOTT£D AT
HALF THE NOTED SCALE
o�� r�ns�aa No. er I SHEET
-- - ��� BY: �,��, ,��,�,, CITY OF 11GARD TUALATIN RIVER TRAIL L3
DRAMM BY: KMA
ENqNEERING DEPARlAAENT
13125 S.W. HALL BLVD.
�«m BY: rTM ` ,°°�, ? TIGARD, OREGON 97223 CONCRETE PATH TO RAILROAD CROSSING
_ _--_ _ -- �u c• ���mos �,y T Nvy� ,,,'q�,n�. VOICE: 503-639-4171 3
FAX: 503-684-7297 LAYOUT AND PROFILE: 12�20 to END 3 DETA�S �F 3
�,-- - �' WWW.CI.TiGARD.OR.US
FlLE LOCATION:N:\EIIC�2003-2004fY CIP�PATHWAY AT COOK PARK SRE.DWG �� PRO,ECT NO. �it @° ��-
ATTACHMENT C:
DSL CONCURRENCE LETTER FOR DURHAM WWTP SITE
SWCA Environmental Consultants
�
�� _� _ re�on Department of State Lands
�z 775 Summer Street NE,Suite 100
•���'8•5 y� Theodore R.Kulongoski,Govemor S a lem,O R 9 7 3 0 1-1 2 7 9
(503)378-3805
FAX(503) 378-4844
Recelved �'�'�'•oregonstatelands.us.
� Feb�uBry 16, 2005 FEB 2 3 1005� State Land Board
Randy Naef SWCA Portland Theodore R.Kulongoski
Clean Water Services Governor
16060 SW 85th Avenue Bill Bradbury
Tigard, OR 97224 Secretary of State
Randall Edwards
Re: Wetland Delineation for Clean Water Services Durham Treatment Plant,State Treasurer
Tigard, Washington County; T2S R1W Sec. 14DA, Tax Lot100 (portion)
And Sec. 14AD, Tax Lot 300, Tax Lot 100 (portion);
DSL WD #04-0590, APP 33527 (portion of project area)
Dear Mr. Naef: -
I have reviewed the wetland delineation report prepared by Fishman
Environmental Services for the above site and concur with the delineation and
conclusions. The three wetland units (totaling approximately 11.8 acres) as
mapped on the enclosed Figure 5 of the report are subject to permit requirements
of the state Removal-Fill Law. A state permit is required for fill or excavation of 50
cubic yards or more of material in the wetland areas.
The delineation study area (as shown in Figure 5) includes only those portions of
the project area for permit application 33527 in Section 14DA, TL 100, in Section
14AD, TL 300 and in the portion of Section 14AD, TL 100 south of the Fanno
Creek Trail. Portions of the project area in Section 14AD, TL 100 north of the Trail
and in any other tax lots not referenced are not covered by this concurrence.
This concurrence is for purposes of the state Removal-Fill Law only. Federal or
local wetland permit requirements may apply as well. This jurisdictional
determination is valid for five years from the date of this letter, unless new
information necessitates a revision. Circumstances under which the Department
may change a determination and procedures for renewal of an expired
determination are found in OAR 141-090-0045 (available on our web site or upon
request). A request for reconsideration of this determination may be submitted in
writing by the applicant, landowner, or agent within 60 calendar days of the date of
this letter.
K:1WeUandslKathy\WD letters\2004104-0590.doc �
� ,
,;lean Water Services Durham Treatment
2004 Wetiand Delineation Update
Figure 5.Wetland Boundary Map ¢
• Sample Plot � ,w StudyArea Boindary �
�Wetland �Taxlds zs��M� �
cws �
DW tarw:METRO RU$ZOOt.M�p rwsey.�f0 R
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LEGEND � o Clean Water Services
Durham Treatment Plant
o /+�\ F►shman � 2004 Wetland Delineation Update
o �
Environmental
o � �� Services, LLC
. SITE LOCATION MAP
Sourcc:USGS Beaverton,OregonTopographic CONSULTANTS IN ECOLOGYAND
QuBdTangle, 1961,phOtOrevised, 1984. NATURAL RE50URCE MANAGEMENT Figure# 1 August 2004 Project#04071
ATTACHMENT D:
VEGETATED CORRIDOR DATA SHEETS FOR PROPOSED TRAIL ALIGNMENT
SWCA Environmental Consultants
' Vegetated Corridor. .dition Assessment(VCCA)for CWS Na...,al Resource Assessment
Fanno Creek Trail; Cook Park to Tualatin River Segment
Site: Proposed Trail Alignment
Investis�ators: Stacv Benjamin
Date: Julv 19, 2005
Community# 1; Enhanced riparian
Plot # 1
% of Corridor 25%
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 0%
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: 50%
* Douglas fir Pseudotsuga menziesii native 20%
* red alder Alnus rubra native 15%
big-leaf maple Acer macrophyllum native 5%
western red cedar Thuja plicata native 5%
vine maple Acer circinatum native 5%
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 50%
* tall fescue Festuca arundinacea non-native 25%
* meadow foxtail Alopecurus pratensis non-native 25%
perennial ryegrass Lolium perenne non-native trace
Canada thistle Cirsium arvense noxious trace
common dandelion Taraxacum offrcinale non-native trace
* Dominant
% Cover by natives: 50%
% Tree canopy: 0%
% Invasive/Noxious: trace
Corridor Condition: Degraded
SWCA Environmental Consultants VCCA Page 1 of 5
,
' ' Vegetated Corridor .dition Assessment(VCCA)for CWS Na...ral Resource Assessment
Fanno Creek Trail; Cook Park to Tualatin River Segment
Site: Proposed Trail Alignment
Investiqators: Stacv Beniamin
Date: Julv 19, 2005
Community# 2; Riparian forest with blackberry
Plot# 2
% of Corridor 35%
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 50%
" big-leaf maple Acer macrophyllum native 30%
* western red cedar Thuja plicata native 10%
Douglas fir Pseudotsuga menziesii native 5%
Oregon ash Fraxinus latifolia native 5%
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: 100%
* Himalayan blackberry Rubus discolor noxious 85%
snowberry Symphoricarpos albus native 10°/a
black hawthorn Crataegus douglasii native 5%
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 0%
" Dominant
% Cover by natives: 65%
% Tree canopy: 50%
% Invasive/Noxious: 85%
Corridor Condition: Marginal
SWCA Environmental Consultants VCCA Page 2 of 5
' � " Vegetated Corridor. .dition Assessment(VCCA)for CWS Natural Resource Assessment
Fanno Creek Trail; Cook Park to Tualatin River Segment
Site: Proposed Trail Alignment
Investiqators: Stacy Benjamin
Date: July 19, 2005
Community # 2; Riparian forest with blackberry
Plot # 3
% of Corridor 35%
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 45%
* big-leaf maple Acer macrophyllum native 25%
" red alder Alnus rubra native 10%
"' Oregon ash Fraxinus latifolia native 10%
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: 105%
* Himalayan blackberry Rubus discolor noxious 100°/a
black hawthorn Crafaegus douglasii native 5%
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 0%
* Dominant
% Cover by natives: 50%
% Tree canopy: 45%
% Invasive/Noxious: 100%
Corridor Condition: Marginal
SWCA Environmental Consultants VCCA Page 3 of 5
� Vegetated Corridor� .dition Assessment(VCCA)for CWS Natural Resource Assessment
Fanno Creek Trail; Cook Park to Tualatin River Segment
Site: Proposed Trail Alignment
Investiqators: Stacv Benjamin
Date: July 19, 2005
Community# 3; Riparian forest
Plot # 4
% of Corridor 35%
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 80%
* big-leaf maple Acer macrophyllum native 60%
Douglas fir Pseudotsuga menziesii native 10%
red alder Alnus rubra native 10%
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: 75%
* snowberry Symphoricarpos albus native 20%
* beaked hazelnut Corylus comufa native 20%
Pacific ninebark Physocarpus capitatus native 10%
Douglas fir Pseudotsuga menziesii native 5%
grand fir Abies grandis native 5%
vine maple Acer circinatum native 5%
Saskatoon serviceberr Amelanchier alnifolia native 5%
Himalayan blackberry Rubus discolor noxious 5%
ornamental hawthorn Crataegus monogyna non-native trace
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 50%
* Dewey's sedge Carex deweyana native 20%
* Pacific blackberry Rubus ursinus native 20%
common horsetail Equisetum arvense native 5%
fringecup Tellima grandiflora native 5%
sword fern Polystichum munitum native trace
English ivy Hedera helix noxious trace
creeping buttercup Ranunculus repens non-native trace
* Dominant
% Cover by natives: 200%
% Tree canopy: 80%
% Invasive/Noxious: 5%
Corridor Condition: Good
SWCA Environmental Consultants VCCA Page 4 of 5
�` I
� � � � Vegetated Corridor _ .,�dition Assessment(VCCA)for CWS Na.�ral Resource Assessment
Site: Fanno Creek Trail; Cook Park to Tualatin River Segment
Investictators: Stacv Benjamin
Date: Julv 19, 2005
Community # 4; non-native grass
Plot # 5
% of Corridor 5%
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 0%
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: 0%
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 100%
* bentgrass Agrostis species non-native 60%
* tal) fescue Festuca arundinacea non-native 30%
meadow foxtail Alopecurus prafensis non-native 10%
red clover Trifolium pratense non-native trace
white clover Trifolium repens non-native trace
Canada thistle Cirsium arvense noxious trace
* Dominant
% Cover by natives: 0%
% Tree canopy: 0%
% Invasive/Noxious: trace
Corridor Condition: Degraded
SWCA Environmental Consultants VCCA Page 5 of 5
ATTACHMENT E:
VEGETATED CORRIDOR DATA SHEETS FOR PROPOSED MITIGATION SITE
SWCA Environmental Consultants
� , � . Vegetated Corridoi �dition Assessment(VCCA)for CWS � .al Resource Assessment
Fanno Creek Trail; Cook Park to Tualatin River Segment
Site: Proposed Vegetated Corridor Mitigation Site
Investiqators: Stacey Reed & Stacv Benjamin
Date: September 13, 2005
Community # blackberry/non-native grass
Plot# VECO A
% of Corridor 30%
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 0�/a
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: 60%
* Himalayan blackberry Rubus discolor noxious 60%
Oregon ash Fraxinus latifolia native trace
cascara Rhamnus purshiana native trace
Pacific willow Salix lasiandra (jlucida var. IasiandraJJ native trace
salmonberry Rubus spectabilis native trace
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 45%
" reed canarygrass Phalaris arundinacea invasive 40%
catchweed bedstraw Galium aparine native 5%
perennial ryegrass Lolium perenne non-native trace
evening primrose Oenothera species native trace
soft rush Juncus effusus native trace
* Dominant
% Cover by natives: 5%
% Tree canopy: p%
% Invasive/Noxious: 100%
Corridor Condition: Degraded
SWCA Environmental Consultants VCCA Page 1 of 3
. , . ,
Vegetated Corridor dition Assessment(VCCA)for CWS N al Resource Assessment
Fanno Creek Trail; Cook Park to Tualatin River Segment
Site: Proposed Vegetated Corridor Mitigation Site
Investiqators: Stacev Reed & Stacv Benjamin
Date: September 13, 2005
Community # non-native grass
Plot # VECO B
% of Corridor 35%
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 0%
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: 5%
Himalayan blackberry Rubus discolor noxious trace
cascara Rhamnus purshiana native trace
Oregon ash Fraxinus latifolia native trace
salmonberry Rubus spectabilis native trace
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 100%
* reed canarygrass Phalaris arundinacea invasive 50%
meadow foxtail Alopecurus pratensis non-native 15%
tall fescue Fesfuca arundinacea non-native 15%
common velvetgrass Holcus lanatus non-native 10%
spreading rush Juncus pafens native 5%
quack grass Agropyron jjElytrigiaJJ repens non-native 5%
Canada thistle Cirsium arvense noxious trace
Pacific blackberry Rubus ursinus native trace
* Dominant
% Cover by natives: 5%
% Tree canopy: 0%
% Invasive/Noxious: 50%
Corridor Condition: Degraded
SWCA Environmental Consultants VCCA Page 2 of 3
, , , , Vegetated Corridor dition Assessment(VCCA)for CWS N. �I Resource Assessment
Fanno Creek Trail; Cook Park to Tualatin River Segment i
Site: Proposed Vegetated Corridor Mitigation Site '�
Investiqators: Stacev Reed & Stacv Beniamin '
Date: September 13, 2005
Community # non-native grass I
Plot# VECO C '�
% of Corridor 35% �,
Tree species, % Cover, Native, Invasive or Noxious - 30 foot radius: 0%
Shrub species, % Cover, Native, Invasive or Noxious - 30 foot radius: trace
Himalayan blackberry Rubus discolor noxious trace
cherry or plum Prunus species native trace
Herb Species, % Cover, Native, Invasive or Noxious - 10 foot radius: 100%
* meadow foxtail Alopecurus pratensis non-native 40%
* tall fescue Festuca arundinacea non-native 40%
common velvetgrass Holcus lanatus non-native 10%
bentgrass Agrostis species non-native 5%
reed canarygrass Phalaris arundinacea invasive 5%
Canada thistle Cirsium arvense noxious trace
* Dominant
% Cover by natives: p%
% Tree canopy: p%
% Invasive/Noxious: 5%
Corridor Condition: Degraded
SWCA Environmental Consultants VCCA Page 3 of 3
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INDEX OF SHEETS �ROM �OIVCRETE PATH TO RAILROAD TRE8SEL �-� � �-_,_____
srt�r.ocnran
1 LAYOUT - 1+00 TO 6+80
2 LAYOUT - 6+80 TO 12+60 yICINITY MAP
3 LAYOUT - 12+60 TO 14+54.34 TO BE SUPPLEMENTED BY THE CITY OF TI4ARD DE8iGN STANDARD� DATED JULY 1b, 1998
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ATTENTION: Oregon lor requires you to ldlow rules odopled by
the Oregon Ufility NofiCtolion Cmter. Those rules orc set /df� I ���. VANNIE T. NGUYEN, P.e. CITY OF TIGARD
in OAR 952-001-0010 through OAR 95?-001-0090 You moy Ex4�rrtEMxG riw�GEN
obfoin cop�es ol tne rules by collinq fhe cmtN. � rGlMge
(/+ote: tne te� no�e numDer �or me aeqo� Ut7ify Nofi/icofion � � �� • ENGINEERING DEPARTMENT
Cmter !s (503�232-f987). 13125 S.W. HALL BLVD.
CALL BfFORE YW dC w�ewr ��� TIGARD, OREGON 97223
t-80o-332-2344 s �,s,.� + �5�� VOICE: 503-639-4171
�� ��'t NpS�r' PRO/EC N0. FAX: 503-624-0752
TUAUTIN RIVER COOK PARK TRAIL -- WWW.CI.TIGARD.OR.U$
em�et �x/�/----- wrottt x.rt
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1+OD 2+00 3+00 4t00 5t00 6+00
DATE I REVISIpJ I NO. . BY � SCALE: 1' - 20�
' — + � �o o �fi��� CITY OF TIGARD SHEET
- - - TUALATIN RIVER TRAIL �,
-—� 6'x+
- - - - - ENGINEERING DEPARIMENT
— --
DESIGNED BY: Ef t KNA
13125 S.W. HALL BLVD.
°R^� BY: K,� °� CONCRETE PATH TO RAILROAD
TIGARD, OREGON 97223
. - -- -- -- - Cr+EpcED er: vrN �7hr n.,��,� VOICE: 503-639-4171 1
T No FAX: 503-684-7297 LAYOUT E. PROFILE - 1+00 TO d*SO
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�S �PREL/M/NARY
'� N D �o Norr usE��ue�s�ma�
' — — -� _ — N n t vEC�uear 2c� 2oas
— H — — � i
/ cg,--''_---------_--_- v - --�-__��- ORAW/NG PLOTTED AT
� �- �_----� ----------_-±--- _--_— � HALF THE NOTED SCALE
� � T_
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N / / � � ± � - - - - - - �`
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t � \��� �� k6�69 ' �' � �' , CURVE DATA
,o�o '�� \�n
y.� � $ / � i
°�° �' ��� � \ R � �� ,� � Curve L � T R
p�� �� i��i� � �/ !� (� !�
� �� � M / � �g O PC 6+19.40 139.57 99-57-46 9228 80
�\y � �� \ — — � � PRC 7+58.98
i
��`\�%�,`'—————' / ��/ C6 PRC 7+58.98 10?.72 73-33-55 59.B1 BO
PRC B+61.69
\ `� '� � _ � �� �' C� PRC 8t61.69 B4.02 80—f3-57 50.55 57
PCC 9+�5.91
-- � �� __———__—I� O PCC 9+�S.9i BID.OD 46-22-56 44.9B 105
PT 10+30.71
C9 � �O+�S.97 10.i.87 75-49-37 62.31 80
PT i1+51.85
HIGH PAWT ELEV= 119.07
H1GH POVNT STA = 9+02.73
PN STA = 9+00
A.D. —1J0 I
N
K = 4.55 I e
130 -- -- -- 60, � — ----- -- - � I -- 130
� � � �&
.� I � '�m�
125 a � � '� � - 125
0o a, � ,w �k Exlsting de
0 0 ot�prior fa
120 m � Pro osed g�a at� S N Q� b°o�� 120
0
D. OX — — — — — — — - — — — — — — — a 45� Proposed
- - - - - - - - _ _ grodeaf
�15 Exls g groun of� � — — — — — — --� 115
de ot � following
coHVtlon y others
110 110
t�� ca� �� oi� ^'1n� '"�� "�V� v� i0^ rnp� �,.�0 �nO ^� ^� "�� ^^ '�� N� N� N$ v^ rnp�j v� �� rnN �O� '")� "� h �O
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7t00 8+00 9+00 f0-FDO 11+00 12t00
��� t�nao►� ►►o. er scuF: ,•- 20' 3HEET
o�.. CITY OF TIGARD TUALATIN RIVER TRAIL �2
� ,o o m .+�+,
n�cNm er: er t Kw► ENG�NEERING DEPARTMENT
-- 13125 S.W. HALL BLVD.
DRANN BY: KMA � TIGARD, OREGON 97223 C O N C R E T E P A T H T O R A I L R O A D
aieacm er: vrN �� ���` � VOtCE: 503-639-41�1 2
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130 — 130 CURVE DATA �
���. � Curve L � T R
(b others) ��� ��� ���
Existing grode � PC 11+88.36 128.61 27-17-28 65.55 270
125 125 PRC 12+16.75
excovat n PRC 1216.75
by othe s ^� �� Cll 67.90 19-27-08 34.28 200
o,o � PRC 13+45.36
Propose 1 �r�;" PRC 13+45.36
120 �nished ��� 120 � PT 14+1326 22.17 18-08-37 11J8 200
� — — — — — — ' b n�I �,—
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115 — — -0.50 � 115 No�•
— -- -- ---- - Existing g�ode os shown is grode at fime of bid.
Grode o � fol/owi g� Adjoining project's contracfor to excovofed to grode os
excovofi n by oth �s shown on porfile
110 110
�
co o rn h rn o N h �, c h
uj cp co r� r� N � ro ro oi oi �
�3+00 �4foo PRELIMINARY
��r��,���
DO NOT USE FQP CQ+f57RUCMJN
December 20, 2005
DRAWINC PLOTTED AT
HALF THE NOTED SCALE
DATE REV1510N N0. BY SCALE: t� — 20� SHEET
���,� CITY OF TIGARD TUALATIN RIVER TRAIL L3
20 tO ° Z0 `�•r�`°� ENGINEERING DEPARTMENT
DESIGNED BY: ET R KMA
DRAWN BY: KMA o�aaoN 13125 S.W. HALL BLVD.
���,,` ,�, r TIGARD, OREGON 9�2z3 CONCRETE PATH TO RAILROAD
CHEp(ED BY: VTN 7H � VOICE: 503-639-4171 3
? No FAX: 503-684-7297
�n�: xx/xx/xx �� ��/_ WWW.CI.TIGARD.OR.US LAYOUT E. PROFILE - 8+80 TO 12+20 �F 3
FlLE LOCATION:N:\ENG\2003-2004 FY CIP�TUALATIN RIVER PATH.DWG PROJECT N0. 517 0
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CITY �F TIGARD �1 �° `�� � ��
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0 R E G 0 N '� ����°�°�°��� '
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PAVED PATHWAY �,,.. -�•
INDEX 0� SHEETS FROM CONCRETE PATH TO RAII.ROAD TRESSEL �
.�.��,4.
i urour— i+oo To e+eo VICINITY MAP
2 uraur— e+eo ro i2+so
3 UYOUT— 12+60 TO 1�+34.34 TO Bi lUPP�EMiNTiD!Y TFIi GTY OF TIOARD DGeION lTANDARDB DATED JUIY 16, 1YG!
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IN�'r y���M�pl� /r iM dpm�uiN�y Hoii/se�bn a IJIjS$.W HALL BLVD.
[ (SOl1]JI-19!)j I
� CAfl 9[ip�1DU p0 � iIGARO.ORECON 97723
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CURVE DATA
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: : � :�,. CITY OF 11GARD TUALATIN RiVER TRAIL �,
oESa�u er�.v�Kw� ENGINEERING DEPARIIAEN7
,""S.'"."""e`w. CONCRETE PATH TO RAILROAD
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-- � �,;�,, CITY OF 11GARD TUALATIN RIVER TRAIL L3
ocmam�v v��w- ENGINEERINC DEPARTMENT
���.� �W rM 731t5 S.W.HALL BL�D. CONCRETE PATH TO RAILROAD
71GARD.ORECAN 97YP]
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• . CM■1 Stns21 RECORD81
I' S35.00 58.00 S11.00•Totel=SS2.00
I V� I
006957�4200401401730070073
I,J�rry Hin�on,Dinctor of A��ntm�nt and Tax�tlon
tnd EzARlclo County Cl�rkfor Wuhlnpton County, �''� ``
Onpon,do h�r�by c�rtl(y th�t th�wlthln Inttrum�nt of Jr� � ��:,
writinp wu nulwd�nd ncord�d In th�boak of p`
AFTER RECORDING RETURN TO: ncord�of tald county. "'��.. • ' ��'�
��,�r �>
���.: �-
AttII: DOIT11I11C COIICtta J�rry R.Hamon,Dlnctor �unmmt and Tax�tlon,�`+��
Attorney at Law Ex�Mclo County Cl�rk
1727 NW Hoyt Street
Portland, OR 97209
TRAIL EASEMENT
Clean Water Services, formerly Unified Sewerage Agency of Washington County, Oregon,a
county service district formed under ORS Chapter 451,hereinafter called the Grantor hereby
grants and conveys unto the City of Tigard, an Oregon municipal corporation, hereinafter called
the Grantee, a perpetual nonexclusive easement over, across, and under the land and real property
described in the attached Exhibit"A" (Trail Easement)for access, ingress, egress and
construction and maintenance of a trail,bicycle way and pedestrian way, which may be used by
pedestrians and non-motorized mechanical means of transportation, such as bicycles, and for no
other purposes. Grantee shall have the right to place, construct, operate, replace, maintain,
inspect,reconstruct, install necessary improvements, and in connection therewith may remove
any trees, shrubs, or brush necessary or convenient to accomplish said purpose subject to
Grantor's approval.
THE TRUE CONSIDERATION for this conveyance is $00.
TT IS EXPRESSLY UNDERSTOOD that the Trail Easement does not convey any right,title or
interest except those expressly stated herein,nor otherwise prevent Grantor from the full use and
dominion thereover,provided;however,that such use shall not interfere with the uses and
purposes of the intent of the Trail Easement. . �
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or
assigns should cause said easement to be vacated,the right of the Grantee in the above-described
easement will be forfeited and the easement shall immediately revert to the Grantor, its
successors, and assigns in the case of such event.
This Easement is subject to the following terms and conditions:
1. Purpose of the Easement. The purpose of this Trail Easement is to provide Grantee
access over and across the property of Grantor in order to construct and maintain a trail providing
pedestrian and non-motorized bicycle access connecting Grantee's Cook Park to Durham City
Park and the Fanno Creek Trail System.
Page 1-TRAIL EASEMENT
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��Duane Roberts Trail_Easement2(0914� �oc _ _.. __....... . .. .. . _- IIIII�� ���IIIIIIIIIIIII IIII � "y"`�
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2. . Scope of Grantee's Use. Grantee shall have the right to use the Trail Easement for
ingress and egress and to perform routine and emergency maintenance and repairs to the trail.
Grantee shall also have the right to use the Trail Easement for construction,reconstruction,
maintenance and repair of the trail and Grantee may use equipment and vehicles deemed
appropriate by Grantee for such purposes, provided Grantee restores existing landscaping to
original condition.
3. Maintenance and Renair. Grantee at it's sole cost and expense shall be responsible for
maintaining the Trail Easement in good condition and repair and in a manner that is continuously
safe for trail use. If Grantee fails or refuses to make repairs which are required by this section,
Grantor may make the repairs and charge the actual cost of the repair or maintenance work to
Grantee,together with interest at the rate of 9%per annum.
4. Indemnity. Within applicable limits of the Oregon Tort Claims Act, codified at ORS
30.260 through 30.300, Grantor and Grantee each agree to indemnify and hold the other harmless
for their respective acts or failure to act,to include their respective officers, employees, agents,
contractors and representatives from and against all claims,demand and causes of actions or suits
of any kind or nature arising from use of the Trail Easement.
S. Duration of the Easement. The Trail Easement shall remain in effect perpetually.
6. Hazardous Materials. Subject to applicable limits of the Oregon Tort Claims Act,
Grantee agrees to indemnity, defend and hold harmless Grantor, its employees, representatives,
contractors, subcontractors, agents, lessees, successors and assigns from any loss, claim or
liability arising from the release of hazardous substances onto or from the property caused by the
Grantee, its officers, agents, contractors or employees. It is understood and agreed that Grantee,
by accepting this Trail Easement, is not accepting any liability for release of hazardous
substances onto or from the property which occurred prior to or did not arise from Grantee's use
of the easement, and that the Grantor is not attempting to convey any such liability to Grantee.
In the event of contamination of the property by hazardous materials caused by Grantee,Grantee
shall take all remedial actions necessary to bring the affected property into compliance with all
applicable state, federal and local laws. The term"Hazardous Material" shall include any
hazardous or toxic substance, material or waste identified as such by applicable local,state or
federal law or regulation including petroleum products.
7. Breach of Obli�ation. In the event either party engages in any conduct inconsistent with
its rights or obligations under this instrument,the other part shall be entitled to all remedies
provided by Oregon law, including specific performance and injunctive relief.
Page 2-TRAIL EASEMENT
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. . _ _ __. . .... .. _.. _ . .---_ _. . _. _._ _. . .. ._ _ _ - _ __ . . _ . .__. ... i
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_�2uane �oberts Trail Easement 2(0914, JOC -�-Gyy-� i
� III'�1�I IIIII II IIII(IIII I III
2004-140173 �
8. Attornev Fees. In the event of any litigation arising under this instrument,the prevailing ;
party shall be entitled to recover from the non-prevailing party the prevailing party's reasonable
costs and attomey fees at trial or on appeal as adjudged by the trial or appellate court. ;
9. Effect of the Easement. Subject to all prior easements or encumbrances ofrecord,the
rights, covenants and obligations contained in this Trail Easement shall bind,burden and benefit
each party's successors, assigns, invitees and lessees.
tIN.� 1WITNESS�^,WHERE�OF, the parties hereto have execute is rail n
`�'f I/p�I�'yl K1,��_ , 2004.
yt�x«��
CLE S
Clean Water Services B . �
2550 Southwest Hillsboro Highway I : � � �
Hillsboro, OR 97123 ' !
APPROVED AS TO FORM: i
. i
By: d
Its Attorney: 1 '
STATE OF OREGON )
)
COUNTY OF )
's instrument was acknowledged before me on this `7 day of �Ol�, ,2004, by
�r-} �•�U� ,the, , of Clean Water Services, on behalf of
the district. �
/
OFFICIAL SEAL NOTARY P IC, STATE OF OREGON
TRUDY A. HULL
NpTARY PUBLIC-OREGON My Commissi Expires:
COMMISSION N0.378960 �
�� � MY COMMISSION EXPIRES MAY 9,2008
Page 3-TRAIL EASEMENT
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140173
THE
CITY OF TIGARD, an Oregon municipal
Corporation, accepts and agrees to the terms of the Trail Easement
B��
Its: Cj��� �I}h�4�-�/L .,,o OFFICIAL SEAL
� `° J BENGTSON
�' NOTARY PUBLIC-OREGON
STATE OF OREGON " coMMissioN No.ssaoes
� MY COMMISSION EXPIRES APR.27,2007
COUNTY OF l'�����1T�/lf )
This instrument was acknowledged before me on this �� day of l�i� jn/�,I"z404, by
jUILLIffM /f, M ON:�f tl A9�1 ,the G'i7r M„�}--Nl�GE�,ofthe City of Tigard, an Oregon
municipal corporation,on behalf of the City.
�/.��
V �
NOTARY P IC, STATE OF OREGON
My Commission Expires: �{—a7—D�
I
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DESCRIPTION
_ FOR
25.00 FOOT WIDE PATHWAY EASEMENT .
Located on a tract of land situated in f.he SE one-quarter of Section 14, Township 2 South,
Range 1 West,Willamette Meridian, City of Tigard, Washington County, Oregon. The pathway
is described as follows:
Beginning at the 1/< Section corner on the East Section line of Section 14, thence N 88°37'
41"W, along the center of section as shown on Survey Number 27602, as recorded in the
Washington County Survey Records, a distauce of 659.94 feet to a 5/8"iron rod and yellow
plastic cap stamped Chase, Jones Assoc.; thence S O1°35' 43"W a distance of 525.00 feet to a
5/8"iron rod with yellow plastic cap stamped City of Tigard; thence S 67° 39' 13"W a distance
of 246.14 feet to the true point of beginning and a point on a curve to the left; thence along
said curve to the left with a radius of 6.o5 feet a central angle of 28° 06' S0" (a chord which
bears S 72° 02' 44"E,2.94 feet) and a length._of2.97 feet; thence S 86°_06' 09"E a distance of
8b.52 feet to a point of curve of a curve to the right; thence along said curve to the right with a
radius of 102.50 feet, a central angle of 77° 46' 24"(a chord which bears S 47° 12' S7"E,
128:70 feet) and a length of 139.13 feet to a point of tangency; thence S 08° 19' 45"E a distance
of 98.93 feet to a point of curve of a curve to the left; thence along said curve to the left with a
radius of 107.50 feet, a central angle of 12° 10' 34"(a chord which bears S 14°25' 02"E,22.80
feet)and a length of 22.85 feet to a point of tangency; thence S 20°30' 19"E a di.stance of
69.15 feet to a poi.nt of curve of a curve to the right; thence along said curve to the right with a
radius of 132.50 feet, a central angle of 43° OS' 17" (a chord which bears S O 1° 02'19"W,'97.31
feet)and a length of 99.64 feet to a point tangency; thence S 22° 34' S8"W a distance of 3.42 �
feet to apoint of curve of a curve to the left; thence along said curve to the left with a radius of
� 68.23 feet, a central angle of 100° 06' 34" (a chord which beazs S 27°28' 19"E, 104.62) and a
length of 119.21 feet to a point of reversing curve to the right; thence along said curve to the
right with a radius of 93.04 feet, a central angle of 73°27' 14"(a chord which beazs S 40°47'
59"E, 111.28 feet) and a length of 119.28 feet to a poi.nt of reversing curve to the left,• thence
along said curve to the left with a rad.ius of 44.50 feet, a central angle of 83° 05' S9" (a chord
which bears S 45°37' 22"E, 59.03 feet) and a length of 64.54 feet to a point of compound curve
to the left; thence along said curve to the left with a radius of 92.50 feet, a centcal angle of 46°
22' S6".(a chord which bears N 69° 38' 11"E, 72.85 feet and a length of 74.88 feet to a point of
tangency; thence N 46°26' 43"E a distance of 15.26 feet to a point of curve of a curve to the
right; thence along said curve to the right with a radius of 92.50 feet, a central angle of 75°49'
37"(a chord which bears N 84° 21'31"E, 113.68 feet) and a length of 122.42 feef to a point of
tangency; thence�S 57°43' 40"E a distance of 36.51 feet to a point of curve of a curve to the
. Ieft; thence along said curve to the left with a radius of 25537 feet, a central angle of 32° 32'
09"(a chord which bears S73° 59' 45"E, 143.07 feet) and a length of 145.01 feet to a point of
tangency; thence N 89° 44' 11"E a distance of 19.36 feet to a point of a curve to the right;
thence along said curve to the right with a radius of 212.50 feet, a central angle of 12° 29' S7" (a
chord which bears S 84° 00' S1"E, 46.27 feet) and a length of 46.36 feet to a point of tangency;
thence S 77° 45' S2"E a d.istance of 57.85 feet to the Section line between Sections 13 and 14;
thence S O 1°27' 29"W, along said section line, a distance of 25.45 feet; thence N 77° 45' S2"W
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` a distance of 62.61 feet to a point of curve of a curve to the left; thence along said curve to the
le$with a radius of 187.50 feet,.a central angle of 12°29' S7" (a chord which bears N 84° 00' S1
W,40.82 feet) and a length of 40.90 feet to a point of tangency; thence S 89° 44' 11"W, 19.36
feet to a point of curve of a curve to the right; thence along said curve to the right with a radius
of 280.37 feet, a central angle of 32° 32' 09"(a chord which bears N 73°59' 45" W, 157.08 feet)
and a length of 159.21 feet to a point of tangency; thence N 57°43' 40"W a distance of 36.51
feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of
67.50 feet, a central angle of 75°49' 37"(a chord which bears S 84° 21'31" W, 82.95 feet) and a
length of 89.33 feet to a point of tangency; thence S 46°26' 43"W a distance of 15.26 feet to a
point of curve of a curve to the right; thence along said curve to the right with a radius of 117.50
feet,a central angle of 46°22' S6"(a chord which beazs S 69°38' 11"W, 92.54 feet and a
length of.95.12 feet to a point of compound curve to the right; thence along 5aid curve to.the
rightwith a radiu5 of 69.50 feet, a central angle of 83° OS' S9"(a chord which beazs S 45° 37'
21"E, 92.19 feet) and a length of 100.80 feet to a poi.nt of reversing curve fo the left; thence
along said curve to the left with a radius of 68.04 feet, a central angle of 73° 27' 14" (a chord
which beazs N 40°47' S9" W, 81.3 8 feet) and a length of 87.23 feet to a point of reversing of a
curve to right; thence along said curve to th�right with a rad.ius of 93.23.feet, a central angle of
100°06' 34"(a chord which bears N 27°28' 19"W, 142.95) and a length of 162.90 feet to a
point of tangency; thence N 22° 34' S8"E a distance of 3.42 feet to a point of curve of a curve
to the�ieft; thence along said curve to the left with a radius of 107.50 feet, a central angle of 43°
OS' 18"(a chord which bears N O1° 02'20"B, 78.95 feet) and a length of 80.84 feet to a point
tangency; thence N 20°30' 19"W a distance of 69.15 feet to a point of curve of a curve to the
. right;;thence along said cur-ve to the right with a radius of 132.50 feet, a central angle of 12° 10'
34"(a�chord which bears N 14°25' 02"W,28.10 feet) and a length of 28.16 feet to a point of
tangency; thence N 08° 19' 45"W a distance of 98.93 feet to a point of curve of a curve to the
left; �hence along said curve ta the left with a radius of 77.50 feet, a central angle of 77° 46' 24" �
(a chord which bears N 47° 12' S7"W, 97.31 feet) and a length of 105.20 feet to a point of
� tangency; thence N 86° 06' 09"W a distance of 86.52 feet to a point of curve of a curve to the
right; thence along said curve to the right with a rad.ius of 31.05 feet a central angle of 57° 14'
11"{a chord which bears N 57°29' 03"W,29.74 feet) and a length of 31.02 feet; thence N 67°
39' 13"E a distance of 25.93 feet to the true point of beginui.ng. �
Containing 33451 square feet. y
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� CI 139.13 102.50 77'16'2�' S�7'12'S7'E 128.70
C3 22b5 f07.50 l2'10'31' St1'25'02'E 22b0
C{ 99b1 132.50 13'OS'17' S01'02'19'V 97.31
r CS U921 6823 I00•06'3�' S27'2B'19'E 101b2
� � C6 I192B 93.D� 7327'1�' S�0'�7'S9'E 11128
• e C7 615� t�.50 83'0339' S�5'37'22'E 59A3
C8 71.88 9250 16'22'S6' N69'38'!1'E 7295
C9 122.�2 9250 75'49'37' H81'2f'31'E 113b8
CIO IISA1 235.37 32'32'09' S73'S9'�S'E 1�3.07
a CII �6.36 Z72.50 12'29'S7' S81'00'Sl'E 1627
S � C12 10.90 187.50 12'29'S�' NB4'0031'V �0.82 �
C13 159.2f ZBLL37 32'32'09' M3•59'IS'V 157A8
� C1� B9J3 67.50 75'�9'37' S84'21'31'V 82.95
� � C15 93.12 II7.50 16'Z2'S6' S69'3B'll'V 925�
C16 100.80 69.50 83'OS'S9' SIS'37'21'E 9219
C77 67.23 68.0� 73'27'!I' NIO'17'S9'V 81.38
GB 162.90 9323 l00'D6'3�' N27•28'19'V 112.93
4. C19 BO.HI 10730 �3'05'18' N01'02'20'E 78.93
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� CZl I0520 7730 77'�6'2�' N17•l2'37'V 97.31
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INTERGOVERNMENTA L AGREEMENT
BETWEEN
THE CITY OF TUALATIN, THE CITY OF TIGARD, AND THE CITY OF
DURHAM
This intergovernmenta I agreement, ("AgreemenY') is entered into on the last date
shown on the signature page by City ofTualatin, ("Tualatin"), City ofTigard,
("Tigard"), and CityofDurham, ("Durham"), all political subdivisions ofthe State
of Oregon; and
R EC ITALS
1. ORS 190.007 provides for the furtheri ng ofeconomy and efficiency in local
government by intergov ernme ntal cooperation.
2. ORS 190.010 provides that units ofgovernment may enter agreements for
performance ofany and all tunctions and activities that parties to the
agreement, its officers or agencies have authority to perform.
3. The parties tlesire to enter into th is Agreement for the purpose of allowing
better coordination and cost-sharing between Tualatin, Tigard antl
Durham in response to the imminent development ofthe Tualatin River
Bicycle and Pedestrian Bridge, ("ProjecY').
4. Tualatin, Tigard and Durham will all benefit from coordi nating the planning,
engineering, and permit review for the development ofthe project.
5. All parties want the project to be constructed. The project is being partially
funded in cooperation with ODOT through the award of$990,000 in
Transportatio n Enhancement Funding.
6. All parties wish to share the costofthe Transportation Enhancement
Program required match of$400,000 forthe project. The total project
budget is$1,390,000.
7. All parties believe that itis in the best interests ofTualatin, Tigard and
Durham to coordinate the cost ofthe long-term maintenance ofthe
Tualatin River Bicycle and Pedestrian Bridge.
_ _ _ __ _
Duane Roberts- 3 Cities IGA-Final.pdf Page 2�
TH E C ITIES OF TUALATIN, TIGAR D AN D D U R HAM AGR EE AS FOLLOWS:
I. AREAAFFECTED BYTHISAGREEMENT
The area affected by this Agreement is Tualatin River Bicycle and
Pedestrian Bridge, and connecting pathways as shown in Exhibit 1,which
is attached and incorporated into this agreement, and any additional public
land that may become part ofthe project area.
I I. D EL EGATION OF AU TH OR ITY
Tigard and Durham delegate to Tualatin the authority to review, approve,
and hear appeals, ifany, for all design, bidding, permitting and
construction management for that portion ofthe Tualatin River Bicycle and
Pedestrian Bridge Project that lie within the cities of Tigard and Durham.
� Tualatin shall apply Tigard code to proper ty located in Tigard, and Durharil�� _
---� code to property located in Durham.
II I. SH AR IN G OF MATC H C OSTS
Tualatin, Tigard and Durham agree that the cost ofthe match for the
Tualatin River Bicycle and Pedestrian Bridge Project shall be apportioned
as follows:
%
Tualatin: $160,000 40
Tigard: $230,000 57.5
Durham: $10,000 2.5
Total Match: $400,000
If the project costs exceed the amount s listed above, those costs shall be
shared in the same percentage as the match outlined above.
IV. SHARING OFMAINTENANCE COSTS
Tualatin, Tigard and Durham agree that the cost ofmaintenance ofthe
Tualatin River Bicycle and Pedestrian Bridge should be shared between
the three cities. The cities agree that once the ultimate design ofthe
Tualatin River Bicycle and Pedestrian Bridge has been confirmed, and
associated maintenance costs for the bridge structure are established, the
maintenance cost associated with that design shall be apportioned in the
same percentage as the project match. The sharing of maintenance costs
shall apply only to the bridge structure itself. Tualatin will be the lead
Du�ne Roberts - 3 Cities IGA-Final.pdf Page 3�
agency in carrying out regularly scheduled maintenance activities on the
bridge. The respective managers for the three cities shall coordinate the
dispersal of maintenance funds when appropriate.
V. D ISPU TE R ESOLU TION
If a dispute arises over the provisions ofthis Agreement, the City staff for
each entity will immediately refer the dispute to the respective managers
to resolve the dispute.
VI. N OTIC E OF APPLIC ATION S, D EC ISION S and APPEALS
Tualatin shall give notice to Tigard and Durham ofall land use
applications, hearings, decisions, building permits, and any appeals of
those decisions matle under the authority ofthis Agreement. Tualatin
shall have the authority to defend any claimsorappeals rising from
permits issued under this Agreement. Tigard and Durham may comment
on, participate in, and intervene in any appeal ofsuch decision.
VII. TER M OF AGR EEMEN T
This Agreement shall be effective upon signature and shall remain in
effect for a period ofthree (3) years after final acceptance ofthe Tualatin
River Bicycle and Pedestrian Bridge. The agreement may be extended for
subsequent three (3) year periods upon mutual agreement byall parties.
This Agreement may be terminated by any party upon ninety (90) days
written notice to the other parties, and agreement by all parties that
termination is in the best interest of the three cities.
VIII. COMPLIANCE WITH LAWS
Each party shall comply with all applicable federal, state and local
ordinances, statutes, and regulations that are applicable to the services
provided under this agreement.
IX. HOLD HARMLESS
Subject to the limitations of liability for public bodies set forth in the
Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon
Constitution, each party agrees to hold harmless, defend, and indemnify
each other, including its officers, agents and employees, against all
claims, demantls, actions and suits (including attorney fees and costs)
arising from the indemnitor's performance ofthis Agreement where the
lossorclaim isattributable tothe negligent acts oromissions ofthat party.
;Duane Roberts- 3 Cities IGA-Final.pdf Page 4
X. MODIFICATION
Modifications to this Agreement are valid only if made in writing and
signed by all parties. This writing is intended to be the final expression of
the agreement between the parties with respect to the included terms as a
complete and exclusive statement of the terms of the Agreement.
In WITNESS THEREOF, the parties have executed this Intergovernmental
Agreement on the date below their signatures.
CITY OF TU TIN, OREGON CITY OF TIGARD, OREGON
�
By. gy. ;,.�'.: .
' Lou Ogden, Mayor Craig rksen, Mayor
City of Tualatin City of Tigard
' Dete: February 9, 2004 Date: a�'�•u�
, Approved as to Form: Approved as to Form:
i .-;��►�- �--����i,� , ` v ��-�
City Attomey �`� ity Attorney
; CITY OF DURHAM, OREGON
i
i BY. �'. �
G ry S rado, Mayor
City of Durham
Date: � � j�y
�
Approved as to Form: ��
�.1�\`l, �- �
City Attorney �
� r� . _. _. .� _. _.
�Duane Roberts - 3 Cities IGA-Final.pdf Page 5
I �--- ____ ___--— -_-- _ _ _ _- - — ----- --- --- - -- — --- --
.
Exhibit 1
LocationNicin iry Map
Tualatin River Bicycle and Pedestrian Bridge
-- �I /'� , �'J
� 1f�;'� _
��`� r . �;�
� Cook Park Durham Park
ti, N
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CITY OF TIGARD
OREGON
• :�Tarch 16, 200G
RE: Tualatin River Trail Project
This is to cerrify that rhe proposed Tualarin River Trail, extending between
Cook Park and a point 220 feet west of the Burlington Northern railroad
tresde, will be constructed at e�sring grade and will not result in any increase in
flood levels during the base flood discharge.
Sincerely,
Q t P- �,.�...
stin P. Duenas, P.E.
. �ty Engineer
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
!��
1
� Tualatin River Trail
Q� �( TREE PLA
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/ /� / /i�/ ' _ _ ` ,��� \ \ \���\\ f�,(.�Nr , .
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°�� ��� �. BY m �p` 'o- 20� ����,. CITY OF TIGARD T U A L A T I N R I V E R T R A I L SHEET
ENqNEERING DEPARTMENT
�p�m BY= �*� � 13125 S.W. HALL BLVD. CONCRETE PATH TO RAILROAD
at�r�a Br. K�,► �a TIGARD, OREGON 97223
a�acm er: vrn �� 'x.�� + VOICE: 503-639-4171
oA� ��� M r, Mo� FAX: 503-684-7297
m� u/s/_
WWW.q.TIGARD.DR.US
FlLE LOCATON:N:\ENG\200S-20W FT CIP�TUAUTN RIVER PATH.DWG PRO,[CT N0. S11
� ' (`_�►�� ��_��i ys—�
� Approved
� Clean Water Serv�ij'es '
�7 �TJ`y a�'�w�e..� TW1�`'i�-`'yi
By .�._��,� Date
Tualatin River Trail � �. � � �(
Plantin S ecifications for the Ve etatedCorridor Miti ation Area (9,273 s uare feet)
Scientific Name Common Name Size Spacing/
Seedin Rate Quantity
Trees
Acer macro hyllum big-leaf maple 2 allon 10 feet on center 27
Pseudotsuga menziesii Douglas fir 2 allon 10 feet on center 40
Quercus garryana Oregon white oak 2 allon 10 feet on center 26
Shrubs
Holodiscus discolor oceanspray 1 allon 4 feet on center 100
Mahonia a ui olium tall Oregon grape 1 gallon 4 feet on center 132
Ribes sanguineum red flowering currant 1 gallon 4 feet on center 100
Symphoricar os albus snowberry 1 allon 4 feet on center 132
Seed Miz
Bromus carinatus native California seed 101bs pls/acre
brome As needed for bare
Elymus glaucus blue wildrye seed l O lbs ls/acre soil azeas following
Festuca rubra var. rubra native red fescue seed 5 lbs pls/acre invasive species
Lupinus polyphyllus large-leafed lupine seed 8 lbs pls/acre removal.
Plantin�Notes(per CWS Desi�n&Construction Standards A�pendix D Landscape Requirements March 2004�
1) Plantmgs should preferably be mstalled between February 1 and May 1 or between October 1 and
November 15. Plants may be installed at other times of the year; however, additional measures may
be necessary to ensure plant survival. Irrigation or other water practices (i.e. polymer, plus watering)
shall be used during the two-year maintenance period. Watering shall be provided at a rate of at least
one inch per week between June 15 and October 15.
2) Plantings shall be mulc6ed a minimum of three inches in depth and 18 inches in diameter to retain
moisture and discourage weed growth around newly installed plant material.
3) Tree plantings shall be protected from wildlife damage (beaver, nutria) by installing tree-protector
tubes or wire mesh cylinders around new[y installed plantings.
Maintenance Plan:
1) Clean Water Services requires a two-year maintenance period for vegetated corridor mitigation. The
mitigation site is to be inspected annually, a minimum of three times during the growing season and
one time prior to onset of the growing season. Invasive species control is to be conducted as needed
based upon the site inspections.
2) Clean Water Services' success criterion for vegetated corridor landscaping is 80% survival of tree and
shrub plantings during the 2 years following planting. The vegetated corridor landscaping should be
monitored annually in the spring or fall to assess survival of tree and shrub plantings. If any mortality
is noted on the site, the factor likely to have caused mortality of plantings is to be determined and
corrected if possible. If survival falls below 80%at any time during the two-year maintenance period,
the plantings shall be replaced, and other corrective measures, such as additional mulching or
irrigation, may need to be implemented. If replanting is necessary, the maintenance period wil! be
extended for two years from the date of replanting.
SWCA Environmental Consultants Tualatin River Trail;CWS File No.05-4508 Page 3
��
. \� File Number
C1eanWater Serv�ces OS-004508
Our coinmitment is clear.
Clean Water Services
Service Provider Letter
Jurisdiction Washington County Date March 06, 2006
Map � Tax Lot 2S114DA-00100, 0020o Owner CWS/City of Tigard
Site Address N/A Applicant City of Tigard
Address 13125 SW Hall Blvd
Proposed Activity Trail Construction Tigard, OR 97223
This form and the attached conditions will serve as your Service Provider Letter in
accordance with Clean Water Services Design and Construction Standards (R�O 04-9).
__.
YES NO ' YES ! NO i
� - --...___..._..__.__----_; . .. _.. _ _. _.._ _— _ ... _... _ . .. . _---
_..
Natural Resources Alternatives Anal sis ;
� Assessment(NRA) � ❑ ; Required Y ❑ � i
; Submitted ; (Section 3.02.6)
District Site Visit � � Tier 1 Alternatives Analysis : ❑ �
Date: November 22 2005 '
.. .. __ . _ _ __ _ _.. ; __..... , __. ____ _.. ..... _. _. �
� Concur with NRA/or �
� submitted information , a ❑ Tier 2 Alternatives Analysis ❑ ; � !
,
�
I
� ___. __... . ..._ ---... _._.
_..... _ ;. __....._ _.._.._._
__ _........_....... :..... ,
� Sensitive Area Present ;
; On-Site � ❑ ' Tier 3 Alternatives Analysis ' ❑ ; �
f .. . ... ...._...... .. .......__ .......... : .. . ... . ........ . . ........ ...�._.................. ...................... ... ....... ...._" _._._....._.. . . {. . ._........... .. ..__i
� Sensitive Area Present ❑ ; ❑ ; Vegetated Corridor ❑ ❑ i
� Off-Site X Averaging X ;
� . __..._... _..._...... __...._.. ... _....... . ....._.... ..........:... .......... ..__;... ................ ....._........ _..__._...._ _......___ 1 ..__. .._ _._._ _.. _...._. ......
� Vegetated Corridor Vegetated Corridor �
X � X
i Present On-Site � Mitigation Required � �
, _.....__ _..__. _...._.. .... _..... _ _ _ _... . _ ......_ __...._ ___ _ �----..._ _.__:
Width of Vegetated 125 On-Site Mitigation � �
Corridor(feet) 6,036 SF „
, . _.._ _ ; __...._ _ -- —_ _ _.. __. _.
i Condition of Vegetated Good/0egraded Off-Site Mitigation � a
Corridor
. , _ __ .__. __
_.._...
Enhancement Required I� ; ❑ Planting Plan Attached � ; � '
! 13,028 SF ; U
; �
Encroachment into ! Enhancement/restoration Concurrent with site
Vegetated Corridor a ; ❑
; (Section 3.02.4) completion date development
.. _ _.._..__ -- --...._.. . ; _ _..;
_ ____ . _._._ _.....__
Tualitin River Trail i
; Type and Square Footage from Cook Park ! Geotechnical Report � �
of Encroachment (a ft wide with 1 ft ; required �
gravel shoulders)
; 6,036 SF encroach. 'i ! i
� _._._. _ _.. . . _ :. __ __. _.
_......... __..._ � _...... _;. _...;
Allowed Use � �
(Section 3.02.4)
� ❑ Conditions Attached � ' ❑ 1
_ ___. _._.. ___ , _ _ __. _ _.__ _.....___ _._ _ : __
This Service Provider Letter does NOT eliminate the need to evaluate and protect
water quality sensitive areas if they are subsequently discovered on your
property.
Page 1 of 4
. File Number
OS-004508
In order to comply with Clean Water Services (the District) water quality
protection requirements the project must comply with the following conditions:
1. No structures, development, construction activities, gardens, lawns, application of chemicals,
uncontained areas of hazardous materials as defined by Oregon Department of Environmental
Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the
sensitive area which may negatively impact water quality, except those allowed by Section 3.02.3.
2. No structures, development, construction activities, gardens, lawns, application of chemicals,
uncontained areas of hazardous materials as defined by Oregon Department of Environmental
Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the
vegetated corridor which may negatively impact water quality, except those allowed by Section
3.02.4.
3. Prior to any site clearing, grading or construction the vegetated corridor and water quality sensitive
areas shall be surveyed, staked, and temporarily fenced per approved plan. During construction the
vegetated corridor shall remain fenced and undisturbed except as allowed by Section 3.02.5 and per
approved plans.
4. Prior to any activity within the sensitive area, the applicant shall gain authorization for the project from
the Oregon Division of State Lands (DSL) and US Army Corps of Engineers (USACE). The applicant
shall provide the District or its designee (appropriate city) with copies of all DSL and USACE project
authorization permits. None proposed at this time.
5. An approved Oregon Department of Forestry Notification is required for one or more trees harvested
for sale, trade, or barter, on any non-federal lands within the State of Oregon.
6. Appropriate Best Management Practices (BMP's) for Erosion Control, in accordance with the
CWS Erosion Control Technical Guidance Manual shall be used prior to, during, and following
earth disturbing activities.
7. The District or City/County may require an easement over the vegetated corridor conveying storm,
surface water management, and/or sanitary sewer rights to the District or City that would prevent the
owner of the vegetated corridor from activities and uses inconsistent with the purpose of the corridor
and any easements therein.
8. Activities located within the 100-year floodplain shall comply with Section 3.13 of R&O 04-9.
9. Removal of native, woody vegetation shall be limited to the greatest extent practicable.
10. Removal of invasive non-native species by hand is required in all vegetated corridors rated "good"
within the mitigation and enhancement areas. Replanting is required in any cleared areas larger than
25 square feet.
11. Should final development plans differ significantly from those submitted for review by the District, the
applicant shall provide updated drawings, and if necessary, obtain a revised Service Provider Letter.
Page 2 of 4
. File Number
05-004508
SPECIAL CONDITIONS
12. The vegetated corridor width for sensitive areas within the project site shall be a minimum of 125 feet
wide, as measured horizontally from the delineated boundary of the sensitive area.
13. The mitigation and enhancement areas within the vegetated corridor (see attachments) shall
be equal to or better than a "good"corridor condition as defined in Section 3.02.7,Table 3.2.
14. Clean Water Services shall be notified 72 hours prior to the start and completion of
enhancemenUrestoration activities. EnhancemenUrestoration activities shall comply with the
guidelines provided in Landscape Requirements (R&0 04-9: Appendix D).
15. Prior to installation of plant materials, all invasive vegetation within the mitigation and
enhancement portion of the vegetated corridor (as shown in attachments) shall be removed.
During removal of invasive vegetation care shall be taken to minimize impacts to existing
native trees and shrub species.
16. EnhancemenUrestoration of the vegetated corridor shall be provided in accordance with R&O
04-9, Appendix D.
17. Prior to any site clearing, grading or construction, the applicant shall provide the District with
the required vegetated corridor enhancementlrestoration plan in compliance with R8�0 04-9.
18. Maintenance and monitoring requirements shall comply with Section 2.11.2 of R&O 04-9. If at
any time during the warranty period the landscaping falls below the 80% survival level, the
applicant shall reinstall all deficient planting at the next appropriate planting opportunity and
the two year maintenance period shall begin again from the date of replanting.
19. Pertormance assurances for the vegetated corridor shall comply with Section 2.06.2, Table 2-1 and
Section 2.10, Table 2-2.
CONDITIONS TO BE lNCLUDED ON CONSTRUCTION PLANS
20. Final construction plans shall include landscape plans. Plans shall include in the details a description
of the methods for removal and control of exotic species, location, distribution, condition and size of
plantings, existing plants and trees to be preserved, and installation methods for plant materials.
Plantings shall be tagged for dormant season identification. Tags to remain on plant material after
planting for monitoring purposes.
21. A Maintenance Plan shall be included on final plans including methods, responsible party contact
information, and dates (minimum two times per year, by June 1 and September 30).
Page 3 of 4
. File Number
05-004508
22. Final construction plans shall clearly depict the location and dimensions of the sensitive area and the
vegetated corridor (indicating good, marginal, or degraded condition). 5ensitive area boundaries
shall be marked in the field.
23. Protection of the vegetated corridors and associated sensitive areas shall be provided by the
installation of signage between the development and the outer limits of the vegetated corridors and
permanent fencing where appropriate. Details to be included on final construction plans.
This Service Provider Letter is not valid unless CWS-approved site plan is attached.
Please call (503) 681-5106 with any questions.
/ �'�- vV_
Damon W. Reische
Environmental Plan Review
Attachments ( 2 )
Page 4 of 4
. , . '�, e.}; �' ` � :;�.
,..
,_.zs„a�_,noosoo t�. . �� .;: ' ,`.. _ ; . _ Map Features
Efl'VOFIIGARD �t ,+Q, '
;� x�, �''� ��� / � •—•-Existing Trail(to be removed 9791 sq.ft.)
, r:
� �' t,�� 1
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. � ��; �: � �_� Path
�� � Permanent impacts
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.� `�, ,,
MITIGATI�N SITE '�',Z. `' StudyArea Boundary
� � �
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/ Note:An ad6Gona125 teet has been added tothe vegetated
.,,� I� s�f // - �J �� / mrtida Lo canpensate for ihe cshmAed♦l-25 ft m�
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.,y�r ' i W�er The bp d haric was mapped based m aai�
!. ,.i. .:� �d - - ��� Phdogaph irAaprrtrhm
;'a�, .� �. " ;
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� `v,`., � IMPACT:3432 S(�.F C . �.'�� :
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Defe eouce:METRO RLIS,P005 Phola,METRO.P007 � rO41 - 99 ZQO6 F�GURE 4
Y
ean a er e i�s
�, �rv�.ch�. ��'�,(�x�
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5 �1� �t�ae�� l� �
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� {,
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;. ,��.
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COOK PI�K �,. ,, � � yey����rridor Sample Plot
MITIGA� rN SITE ,' / ��,
��� . /,, ; ,
Pertnanent Impacts
� ;�/�� , -
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�, � � � �i
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:� �� j� / �� StudyArea Boundary
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No[e An add�tio�125 feet has been added lothe vegetated
. - i ��•r..� mnida 4o campen�te for the csUmated rl-2S ft m�
.� accv�acy d thelo�m of the top d bark of the Tualatin
� PERMANENT Rioer The bp d�rk�ras m�ped 6ased m aerial
'" � , IMPACT.3432 S(z.FT. d��9aPh i�tepretatim
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'.� fARRIDOR:6992 SQ.FT. �,i �.
� ��� � LF s
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'I UPLAND PERMANENT � �/,' / + ._ ��• �
IMPACT 2604 SQ.FT
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0 50 100 200 3p0 ENV��pNMENTALCONSULTANTS +� �9etated Corridor Impacts
Delesouce METRORU5.2005 Photo,AETRO, ��`�„�..-:�r�.c� � �B ZOO6 FIGURE 3
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River by reducing reduce human disturbance of this area. Since the existing trail consists of corpacted
soils, removal of the trail will consist of ripping the soil to loosen the soil and then the area will be seeded
with a native seed mix. Native trees and shrubs will be planted in areas where there is an opening in the
existing vegetation adjacent b the trail to be removed that would support establishment of new plants.
Planting specifications are included in the table below.
The total mitigation requirement for the project is 19,064 square feet. Removal of the existing dirt trail will
provide 9,791 square feet of mitigation credit. Therefore the remaining mitigation area is 9,273 square feet.
This mitigation area will consist of enhancing the outer portion of the degraded vegetated corridor in the
southwest portion of the site. The condition of the vegetated corridor praposed to be enhanced was
documented to be degraded in our natural resource assessment that was previously submitted to Clean
Water Services. The vegetated corridor mitigation area is shown on Figure 4. Planting specifications are
included in the table below.
Site photographs of the mitigation areas are included. Photograph 1 shows a typical view of the existing
trail to be removed. Photograph 2 shows the existing condition of the outer portion of the vegetated corridor
to be enhanced.
Tualatin River Trail
Plantin S ecifications for the Trail Removal Mitigation Area (9,791 s uare feet)
Scientific Name Comman Name Size sp$c'ng/
Seedin Rate Quantity
Trees
Acer macrophyllum big-leaf ma le 2 gallon 10 feet on center 24
Pseudotsu a menziesii Douglas fir 2 gallon 10 feet on center 50
Quercus arryana Oregon white oak 2 allon 10 feet on center 24
Shrubs
Holodiscus discolor oceanspray 1 gallon 4 feet on center 100
Mahonia a uifolium tall Oregon gra e 1 gallon 4 feet on center 145
Ribes sanguineum red flowering currant 1 gallon 4 feet on center 100
Sym horicarpns albus snowberry 1 allon 4 feet on center 145
Seed Miz
Bromus carinatus native California seed 10 Ibs pls/acre
brome As needed for bare
Elymus glaucus blue wildrye seed 10 lbs pls/acre soil following trail
Festuca rubra var. rubra native red fescue seed 5 lbs pls/acre removal.
Lupinus polyphyllus large-leafed lupine seed 8 lbs pls/acre
L�V�' ' f �" � �SL�b
Approved
Cleap Water Servic s
�'1 �����r.v�w�ti.,�x ��,,�Q��i
By • Date o �
�\ � l�}�. �J�-1
(J
SWCA Environmental Consultants Tualatin River Trail;CWS File No.05-4508 Page 2
.
MEM � RANDUM
TO: Duane Roberts
FROM: Matt Stine, City Forester
RE: Cook Park Trail Extension
DATE: April 17, 2006
As you requested I have provided some comments on the "Cook Park Trail Extension"
project. If you have any questions or concerns regarding my comments please contact
me anytime.
18.745.030
E. Protection of Existin_q LandscapinQ. Existing vegetation on a site shall be
protected as much as possible:
1. The developer shall provide methods for the protection of existing
vegetation to remain during the construction process; and
2. The plants to be saved shall be noted on the landscape plans (e.g.,
areas not to be disturbed can be fenced, as in snow fencing which
can be placed around the individua!trees).
Any tree that is located on property adjacent to the construction project that will have
more than 15% of its root system disturbed by construction activities shall also be
protected.
The applicant shall establish fencing as directed by the City Forester to protect the trees
to be retained. Failure to follow the plan, or maintain tree protection fencing in the
designated locations shall be grounds for immediate suspension of work on the site until
remediation measures and/or citations can be processed.
2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree plan required. A tree plan for the planting, removal and protection of
trees prepared by a certified arborist shall be provided for any lot, parcel or
combination of/ots or parcels for which a development application for a
subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever
possible.
,
As required, the applicant submitted a tree plan (dated April 1, 2006) conducted by Kay
Kinyon, certified arborist.
B. P/an repuirements. The tree plan shall include the following:
1. ldentification of the location, size and species of all existing trees
including trees designated as significant by the city;
The Arborist Report identified the location, size and species of all existing trees,
consistent with this standard.
2. Identification of a program to save existing trees or mitigate tree
removal over 12 inches in caliper. Mitigation must follow the
replacement guidelines of Section 18.790.060D, in accordance wifh the
following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper
requires a mitigation program in accordance with Section
18.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in
caliper requires that two-thirds of the trees to be removed be
mitigated in accordance with Section 18.790.060D;
c. Retention of from 50% to 75% of existing trees over 12 inches in
caliper requires that 50 percent of the trees to be removed be
mitigated in accordance with Section 98.790.060D;
d. Retention of 75% or greater of existing frees over 12 inches in caliper
requires no mitigation.
No trees are going to be removed as part of this project so tree mitigation is not
required.
3. Identification of all trees which are proposed to be removed;
No trees are going to be removed as part of this project.
4. A protection program defining standards and methods that will be used
by the applicant to protect trees during and after construction.
The guidelines for tree protection are outlined below under "Conditions of Approval".
18.790.040 Incentives for Tree Retention
B. Subsequent removal of a tree. Any tree preserved or retained in accordance
with this section may thereafter be removed only for the reasons set out in a tree
plan, in accordance with Section 18.790.030, or as a condition of approval for a
conditional use, and shall not be subject to removal under any other section of
this chapter. The property owner shall record a deed restriction as a condition of
approval of any development permit affected by this section to the efFect that
such tree may be removed only if the tree dies or is hazardous according to a
certified arborist. The deed restriction may be removed or will be considered
invalid if a tree preserved in accordance with this section should either die or be
removed as a hazardous tree. The form of this deed restriction shall be subject to
approval by the Director.
A condition of approval will ensure that this standard is met.
CONDITIONS OF APPROVAL
Meetings
Prior to any site clearing or construction, a meeting shall take place onsite with the
general contractor in charge of site clearing and the City Forester.
The purpose of these meetings will be to introduce the parties involved to the
specifications and sensitivity needed for the protection and preservation of trees onsite
and offsite as well as their growing environment.
Tree Protection
Prior to any site work the applicant shall install all proposed tree protection fencing. The
fencing shall be inspected and approved by the City Forester prior to commencing any
site work. The tree protection fencing shall remain in place through the duration of all of
the building construction phases.
Tree protection fencing shall be placed away from the trees' trunks at a rate of one foot
for every inch of diameter. For example, a 20 inch diameter tree must have at least a
20 foot radius zone of protection. If any construction activities occur within the tree's
root protection areas the City Forester must oversee the work being done. Any area
that will be graded must first be air-spaded in order to see the root system. If the City
Forester determines that too many large roots will be cut or the required work will be
harmful to the tree(s) then alternatives must be explored such as modifying the location
of the path or building the trail on top of existing grade with geotextile fabric as the
underlayment.
TREE ASSESSMENT
April 17, 2006
City of Tigard
RE: Cook Park Path
Tigard, OR
Common Name S ecie DBH Condition Hei ht Additional Comments
001 Ore on Ash Fraxinus latifolia 33 Good 70' mature
002 Grand Fir Abies randis 23 Poor 70' dead to roots undermined
003 Bi Leaf Ma le Acer macro h Ilum 10 Poor 30' roots undermined
004 Bi Leaf Ma le Acer macro h Ilum 8 Poor 20' roots undermined
005 Bi Leaf Ma le Acer macro h Ilum 9 Poor 20' 2 stems: 6 7 undermined
006 Ore on Ash Fraxinus latifolia 10 Ve Poor 30' dead to
007 Hawthorne Cratae us 11 Fair 40'
008 Ore on Ash Fraxinus latifolia 12 Fair 40'
009 Ore on Ash Fraxinus latifolia 16 Fair 40'
010 Western Red Cedar Thu'a licata 32 Good 60'
011 Ore on White Oak uercus ar ana 35 Good 70'
012 Bi Leaf Ma le Acer macro h Ilum 19 Ve Poor 25' broken to trunk deca
013 Ore on White Oak uercus ar ana 34 Good 60'
014 Douglas Fir Pseudotsuga menziesii 16 Very Poor 25', undermine, not tagged,
waters ed e
015 Willow Salix 16 Fair 25' undermined waters ed e
016 Hawthorne Cratae us 6 Fair 20'
017 Red Alder Alnus oregona 16 Fair 30', undermined, leans, not
ta ed waters ed e
018 Red Alder Alnus oregona 10 Fair 30', undermined, leans, not
ta ed waters ed e
019 Red Alder Alnus oregona 11 Fair 30', undermined, leans, not
ta ed waters ed e
020 Red Alder Alnus oregona 9 Fair 30', undermined, leans, not
ta ed waters ed e
Common Name S ecie DBH Condition Hei ht Additional Comments
OZ1 Red Alder Alnus oregona 16 Fair 30', undermined, leans, not
ta ed waters ed e
022 Red Alder Alnus ore ona 7 Good 25'
023 Hawthorne Crataegus 6 Poor 30', undermined, leans, not
ta ed waters ed e
024 Red Alder Alnus oregona 17 Fair 30', undermined, leans, not
ta ed waters ed e
025 Big Leaf Maple Acer macrophyllum 12 Fair 30', undermined, leans, not
ta ed waters ed e
026 Apple Malus 10 Fair 30', undermined, leans, not
ta ed waters ed e
027 Red Alder Alnus oregona 29 Fair 35', 2 stems: 23,18, undermined,
not ta ed waters ed e
028 Red Alder Alnus oregona 16 Fair 30', undermined, leans, not
ta ed waters ed e
029 Douglas Fir Pseudotsuga menziesii 26 Fair 40', 3 stems: 16,17,12,
undermined, not tagged, waters
ed e
030 Red Alder Alnus oregona 11 Poor 40', dead top, undermined, leans,
not ta ed waters ed e
031 Oregon Ash Fraxinus latifolia 9 Poor 30', dead top, undermined, not
ta ed
032 Cher Prunus 7 Good 30'
033 Bi Leaf Ma le Acer macro h Ilum 7 Fair 20' undermined
034 Big Leaf Maple Acer macrophyllum 12 Very Poor 20', 2 stems: 9,8, broken top,
trunk deca
035 Bi Leaf Ma le Acer macro h Ilum 6 Good 20'
036 Dou las Fir Pseudotsu a menziesii 25 Good 80'
037 Dou las Fir Pseudotsu a menziesii 24 Good 80'
038 Ore on Ash Fraxinus latifolia 17 Poor 60' mature
039 Ore on White Oak uercus ar ana 12 Good 50'
040 Ore on White Oak uercus ar ana 12 Good 50'
041 Dou las Fir Pseudotsu a menziesii 9 Poor 40' su ressed
042 Dou las Fir Pseudotsu a menziesii 8 Poor 40' broken to su ressed
043 Dou las Fir Pseudotsu a menziesii 14 Fair 60' hi h crown
044 Dou las Fir Pseudotsu a menziesii 26 Good 80' 2 stems: 9 26
045 Dou las Fir Pseudotsu a menziesii 12 Fair 50' 2 stems: 10 7
046 Dou las Fir Pseudotsu a menziesii il Fair 50'
047 Dou las Fir Pseudotsu a menziesii 7 Poor 35' broken to su ressed
048 Dou las Fir Pseudotsu a menziesii 7 Poor 40' broken to su ressed
049 Dou las Fir Pseudotsu a menziesii 25 Good 80'
050 Dou las Fir Pseudotsu a menziesii 12 Poor 40' broken to
051 Dou las Fir Pseudotsu a menziesii 15 Good 80'
05Z Dou las Fir Pseudotsu a menziesii 42 Good 100'
053 Bi Leaf Ma le Acer macro h Ilum 21 Good 70'
054 Dou las Fir Pseudotsu a menziesii 10 Fair 40' su ressed
055 Dou las Fir Pseudotsu a menziesii 8 Poor 30' broken to su ressed
Common Name S ecie DBH Condition Hei ht Additional Comments
056 Dou las Fir Pseudotsu a menziesii 10 Poor 40' broken to su ressed
057 Bi Leaf Ma le Acer macro h Ilum 23 Good 70'
058 Dou las Fir Pseudotsu a menziesii 13 Good 70'
059 Bi Leaf Ma le Acer macro h Ilum 10 Fair 50'
060 Grand Fir Abies randis 8 Good 25'
061 Dou las Fir Pseudotsu a menziesii 14 Good 70'
062 Grand Fir Abies randis 7 Fair 20'
063 Western Red Cedar Thu'a licata 20 Good 60'
064 Dou las Fir Pseudotsu a menziesii 37 Good 100'
065 Dou las Fir Pseudotsu a menziesii 36 Good 100'
066 Dou las Fir Pseudotsu a menziesii 37 Good 100'
067 Dou las Fir Pseudotsu a menziesii 15 Fair 50'
068 Grand Fir Abies randis 24 Good 80'
069 Bi Leaf Ma le Acer macro h Ilum 19 Fair 55'
070 Bi Leaf Ma le Acer macro h Ilum 7 Poor 25'
071 Western Red Cedar Thu'a licata 18 Good 45'
072 Dou las Fir Pseudotsu a menziesii 39 Good 100' root le s
073 Western Red Cedar Thu'a licata 12 Poor 20' broken to
074 Dou las Fir Pseudotsu a menziesii 35 Fair 100' broken to dieback in crown
075 Western Red Cedar Thu'a licata 20 Poor 45' dead to dieback in crown
076 Douglas Fir Pseudotsuga menziesii 16 Very Poor 60', hazard, leans 30 degrees,
u root
077 Dou las Fir Pseudotsu a menziesii 18 Poor 60' dieback in crown
078 Bi Leaf Ma le Acer macro h Ilum 23 Good 70'
079 Dou las Fir Pseudotsu a menziesii 22 Fair 70'
080 Dou las Fir Pseudotsu a menziesii 36 Good 110'
081 Bi Leaf Ma le Acer macro h Ilum 17 Good 60'
082 Bi Leaf Ma le Acer macro h Ilum 22 Good 70'
083 Bi Leaf Ma le Acer macro h Ilum 12 Fair 60' 2 stems: il 6
084 Douglas Fir Pseudotsuga menziesii 46 Poor 90', 2 stems: 32,9, 32" stem is
dead
085 Bi Leaf Ma le Acer macro h Ilum 25 Fair 70' leans N
086 Dou las Fir Pseudotsu a menziesii 26 Good 100'
087 Dou las Fir Pseudotsu a menziesii 16 Fair 80' broken to
088 Dou las Fir Pseudotsu a menziesii 36 Good 110'
089 Grand Fir Abies randis 9 Fair 20'
090 Dou las Fir Pseudotsu a menziesii 25 Good 100'
091 Dou las Fir Pseudotsu a menziesii Z9 Good 100'
092 Western Red Cedar Thu�a licata 16 Good 45'
093 Big Leaf Maple Acer macrophyllum 33 Poor 70', 3 stems: 20,19,20, 19" stem
is dead dieback in crown
094 Western Red Cedar Thu�a licata 13 Good 45'
095 Western Red Cedar Thu�a licata 15 Good 40'
096 Bi Leaf Ma le Acer macro h Ilum 27 Fair 60' 4 stems: 8 15 14 16
097 Western Red Cedar Thu"a licata 13 Poor 40' thin crown
098 Big Leaf Maple Acer macrophyllum 22 Very Poor 75', 18"x36" cavity above ground
level W side
Common Name 5 ecie DBH Condition Hei ht Additional Comments
099 Big Leaf Maple Acer macrophyllum 27 Very Poor 90', 30"x4' cavity from ground
level E side
100 Western Red Cedar Thu�a licata 12 Poor 70' 2 stems: 9 16 stem is hollow
101 Western Red Cedar Thu�a licata ZO Fair 80'
102 Western Red Cedar Thu'a licata 7 Fair 18'
103 Douglas Fir Pseudotsuga menziesii 36 Poor 100', conks at 11', 15' & 21' above
round level S side
104 Grand Fir Abies randis 7 Poor 20' thin crown su ressed
105 Dou las Fir Pseudotsu a menziesii 6 Poor 20'
106 Bi Leaf Ma le Acer macro h Ilum 15 Poor 40' leans N
107 Dou las Fir Pseudotsu a menziesii 39 Good 110'
108 Pacific Do wood Cornus nuttallii 7 Good 30'
109 Big Leaf Maple Acer macrophyllum 17 Very Poor 40', trunk broke at 40' above
round level
110 Bi Leaf Ma le Acer macro h Ilum 16 Fair 80'
111 Bi Leaf Ma le Acer macro h Ilum 15 Fair 70' e icormics
112 Bi Leaf Ma le Acer macro h Ilum 16 Good 60'
113 Western Red Cedar Thu'a licata 28 Good 80'
114 Ore on Ash Fraxinus latifolia 30 Poor 90' deca & failure N scaffolds
115 Oregon Ash Fraxinus latifolia 19 Poor 15', broken off at 15' above
round level
116 Bi Leaf Ma le Acer macro h Ilum 24 Fair 60' 2 stems: 22 10
117 Bi Leaf Ma le Acer macro h Ilum 22 Fair 60' 2 stems: 20 10
118 Oregon Ash Fraxinus latifolia 23 Very Poor 70', 30"x18" cavity at ground level
E side
119 Ore on Ash Fraxinus latifolia 27 Ve Poor 90' leans on #116 u rooted
120 Dou las Fir Pseudotsu a menziesii 36 Good 120'
121 Bi Leaf Ma le Acer macro h Ilum 30 Good 90' 2 stems: 17 25
122 Bi Leaf Ma le Acer macro h Ilum 17 Good 60'
123 Bi Leaf Ma le Acer macro h Ilum 34 Ve Poor 70' over mature cavities
124 Big Leaf Maple Acer macrophyllum 23 Poor 70', 2 stems: 15,18, 18" stem
broken off at 20' above ground
level
125 Big Leaf Maple Acer macrophyllum 28 Poor 60', 2 stems: 18,20, scaffold
failure
126 Bi Leaf Ma le Acer macro h Ilum 19 Fair 60'
127 Dou las Fir Pseudotsu a menziesii 51 Fair 110'
128 Dou las Fir Pseudotsu a menziesii 10 Poor 20' su ressed
129 Ore on Ash Fraxinus latifolia 18 Fair 80' mature
130 Ore on Ash Fraxinus latifolia 16 Fair 70' mature
131 Ore on Ash Fraxinus latifolia 7 Ve Poor 30' dead to
132 Ore on Ash Fraxinus latifolia 18 Fair 60' 2 stems: 14 12
133 Oregon Ash Fraxinus latifolia 27 Very Poor 40', Habitat tree, trunk broken off
at 40' above round level
134 Ore on Ash Fraxinus latifolia 16 Fair 60'
135 Bi Leaf Ma le Acer macro h Ilum 16 Fair 50'
136 Red Alder Alnus ore ona 22 Poor 50' dead to
Common Name S ecie DBH Condition Hei ht Additional Comments
137 Red Alder Alnus oregona 17 Very Poor 50', 12"x15' cavity from ground
level S side
138 Red Alder Alnus oregona 24 Very Poor 20', Habitat tree, 24"x12' cavity
from round level S side
139 Bi Leaf Ma le Acer macro h Ilum 28 Fair 70' 2 stems: 20 20 over mature
140 Ore on Ash Fraxinus latifolia 23 Fair 70' 2 stems: 22 7 mature
141 Bi Leaf Ma le Acer macro h Ilum 10 Fair 25'
142 Bi Leaf Ma le Acer macro h Ilum 9 Fair 50'
143 Bi Leaf Ma le Acer macro h Ilum 15 Fair 50'
144 Bi Leaf Ma le Acer macro h Ilum 17 Fair 70'
145 Bi Leaf Ma le Acer macro h Ilum 23 Poor 80' 3 stems: 13 10 16
146 Bi Leaf Ma le Acer macro h Ilum 18 Poor 80' 2 stems: 10 15
147 Bi Leaf Ma le Acer macro h Ilum 15 Ve Poor 80' basal deca
148 Bi Leaf Ma le Acer macro h Ilum 10 Fair 30' broken to
149 Big Leaf Maple Acer macrophyllum 22 Very Poor 60', 2 stems: 19,11, 12"x30'
cavit S side
150 Ore on Ash Fraxinus latifolia 11 Fair 60'
151 Ore on Ash Fraxinus latifolia 18 Fair 70'
152 Ore on Ash Fraxinus latifolia 11 Fair 30'
153 Ore on Ash Fraxinus latifolia 18 Good 80'
154 A le Malus 7 Fair 20'
155 Ore on Ash Fraxinus latifolia 10 Fair 60'
156 Dou las Fir Pseudotsu a menziesii 8 Good 30'
157 Grand Fir Abies randis 7 Fair 25'
158 Ore on Ash Fraxinus latifolia 13 Good 70'
159 Ore on Ash Fraxinus latifolia 17 Poor 50' 2 stems: 13 11
160 Ore on Ash Fraxinus latifolia 6 Good 20'
161 Cascara Rhamnus urshiana 8 Poor 30' deca
162 Bi Leaf Ma le Acer macro h Ilum 11 Fair 50'
163 Bi Leaf Ma le Acer macro h Ilum 16 Good 70'
164 Bi Leaf Ma le Acer macro h Ilum 18 Good 70'
165 Ore on Ash Fraxinus latifolia 25 Fair 50' 6 stems: 7 19 12 10 14 6
166 Big Leaf Maple Acer macrophyllum 28 Very Poor 50', 3 stems: 18,17,14, basal
deca broken to
167 Douglas Fir Pseudotsuga menziesii 33 Good 4o', Broken top @ 40' above
round level
Respectfu Ily,
Kay Kinyon
Certified Arborist #PN0409
Tree Care & Landscapes Unlimited, Inc.
. �;�+��'.� ��3���C'
�` �
Tree Protection Plan
�jnlimit��' REVISED 7/27/OS
SITE ADDRESS �,/� Pd�lC
Follow the below listed instructions in order to provide the proper protection before, during and after
construction for tree # 1 i�Lei;��J /��
I. Before Construction:
App• Non-App.
�4' ❑ a. Identify and number the trees to be protected, verify by mapping and/or tagging and note their
size in D.B.H. (Diameter at Breast Height), variety, health and structural conditions, review
plans.
j�( ❑ b. Check with local government agencies for tree protection ordinances.
�t1 ❑ c. Remove any low limbs that may be in the way of construction equipment, and prune as needed
to adhere NAA standards.
� ❑ d. Leave a protective covering on the soil, i.e., existing groundcover or mulch.
� � e. Notify all other contractors that these trees are to be saved and protected.
� ❑ f. Install a temporary 6' high metal no-climb fence to protect the trees and their root systems.
Install tree protection sign on fence. Posts located 10' on center as a general rule. For every
inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as the
protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally, we
need to protect more than the drip zone. The drip zone into the trunk is the support roots that
hold the tree up. The roots from that drip zone out provide nutrition, water and oxygen. Try to
avoid loss of more than 30% of root on any one side. This allows some encroachment within
the drip line. This should be determined on a case by case site conditions reviewed. (SEE
ENCLOSED SITE PLAN)
�J ❑ g. Identify any insect or disease problems that may require treatment.
� ❑ h. Engineer and design proposed structures and construction to avoid root loss. Bridge type
foundations can save major roots.
❑ �l i. Design landscape islands and planting areas large enough to accommodate trees at maturity.
❑ l� j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities.
� ❑ k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the
right place and proposed changes don't kill retained mature trees.
❑ �i I. Consider tree removals adjacent to trees to be saved for wind related stability concerns.
Residential and Commercial Spraying• Fertilizing• Pruning •Landscape Enstallation •Landscape Mainienance•Consultation
MEMBER: Nafior�a!Arborist Association • International Sociery af Arboriculture •Qregon Association of Nurserymen
�regon GoIP Course Superintendents'Association • Oregon Landscape Gontractors Association
State Licensed TrEe Service #62635• Landscape Contractor#5659•Chemical Application #000231 • Ensured
P.O. Bc�x 156C • Lake Oswego, C}R 97035 • 503-635-3165 �Vancouver 360-737-2646 • FAX 5t}3-635-�549
VEsit aw�website at www.treecarelandsca�es.com
�
,�p_ Non-App.
� ❑ m. Check for past and proposed grade and drainage changes, consider the effects.
�I ❑ n. Check trees for stability.
� ❑ o. Remove all trees that would not survive the effects of change, Remove ali hazardous trees.
� ❑ p. Minimize environmental changes.
II. Durina Construction:
� ❑ a. Keep equipment off of the root system to avoid compaction.
� ❑ b. Keep equipment away from structure to prevent damage to trunk and limbs.
C� ❑ c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel, paint,
herbicide, cleaner, thinners, etc.
❑ � d. Provide means of temporary irrigation if the project runs through the summer.
� ❑ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and
repaired or treated according to his/her recommendations.
�i ❑ f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning.
�i ❑ g. Avoid trenching through the root systems, boring under them or hand digging can save roots.
� ❑ h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity within
the drip zone or tree protection fencing for consultation.
III. After Construction:
❑ � a. Carefully landscape the area under the tree, being careful of the roots and structure. Use
plantings that will live under the same conditions as that of the tree.
❑ � b. Provide insect and disease control, fertilization and pruning as needed or adhere to long-term
protection plan if provided.
❑ �1 c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep new
plantings alive can often be enough to kill mature trees.
f� ❑ d. Do not cover existing �oot systems with more than 2" of soil. The more soil you add, the
greater the chances of damaging the root system.
❑ � e. Provide irrigation and/or drainage to emulate pre-construction conditions.
NOTE: This tree protection plan identifies construction protection measures to prevent unwarranted tree loss.
The identi�ed measures limit the amount of earth disturbance surrounding the trees, and limit the removal of
the tree's root systems. Due to the variation of every project, it is unlikely all of the above identified
measures can be practicably applied to each individual tree; nor is it likely each measure is necessary to
retain each tree. Prior to the beginning of construction a meeting between a certified arborist and the
necessary contractors will be held to determine the appropriate level of protection for each tree, in relation to
what work needs to be completed in the tree's vicinity. On site supervision by a certified arborist will be
determined and supplied as necessary.
/
e � ar o0
' r
� �
/ /� a, ��/ Q .S
' �iFFIDAVIT OF M�lL..aG/POSTING NEIGHBORH�
D MEETING NOTiCE
IMPORTANT NOTiCE: THE APPLICANT lS REQUIRED TO MAIL TNE CITY OF TIGARD A COPY OF THE
NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFfIDAVIT AT THE SAME TIME PROPERTY `
OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW:
City of Tigard Planning Division
13125 SW Hall 8oulevard
�� Tigard, OR 97223-8l89
IN ADDITION, THE APPUCANT SHALL SUBMIT THIS AFFIDAVIT & COP1E5 OF ALt NOTICES AT THE TIME OF APPLICATION:
MAILING:
I, , being duly sworn, depose and say that on the day of
20 , I caused to have mailed to each o#the persons on the attached list, a notice of a meeting to discuss a proposed
development at(or near) a copy
of which notice so mailed is attached hereto and made a part of hereof.
I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the
date indicated above in the United States Post Qffice located at
with postage prepaid thereon. '
. .�� �� �--�
�� �
� Signature (I the pr nce of a Notary Public)
POSTING:
�, �� �f�� E-- `" 'J '�'" ' , do affirm that I am re resent the
( p ) party initiating interest in a proposed
�' �U <i affectin the land located at (state the approximate location(s) IF no
address(s) and/or tax lot( currently registered) ��� l l'Y I�� � � �
and did on the�_ day of � � , 20 U� personally post notice indicating that the site may be
proposed for a ,S�/,? �-- Lc.-f pplication, and the time,date and place of a neighborhood meeting to
discuss the proposal. .
C Z- ;3 1 '���
The sign was posted at n �.r e-��i i �1 D ��j C� �_ �,�� �rc i �
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Signature (In t e pr ence of a Notary Public)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF O✓'P.�'jo� )
County of c,JQ�h tr��f'1 ) ss.
Subscribed and sworn/affirmed before rne on the �_day of ���Uct / , 20 C�.. `
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� OFFICIAL SEAL
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��LL M BYARS
- -'�' NOTARY PUgLIC-ORE(;ON �
MY COMMISSMON�EXP R S�U E 14,2ppg
NO ARY PU LIC OREGON
_ My Commission Expires•
Applicant, please complete�the information below:
NAME OF PROJECT OR PROPOSED DEVELOPMENT:
TYPE OF PROPOSED DEVELOPMENT:
Address or General Location of Subject Property:
Subject Property Tax Map(s)and Lot#(s):
h:Voginlpattylmasterslaffidavit of mailing-posting neighborhood meeting.doc
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Name Address (to be added to the Interested Parties list
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Tualatin River Trail
Neighborhood Meeting
This summarizes the results of the required neighborhood meeting held 6:30 PM-8:00
PM on Wednesday, February 22, 2006, in the library of the Durham Elementary School.
Duane Roberts, representing the City of Tigard, and Stacey Benjamin, the natural
resources consultant for the project, conducted the meeting.
Four persons attended the meeting. Their names and contact information is attached.
As required, Duane read the Statement of Purpose, at the beginning of the meeting.
Using two large display maps, he and Stacey overviewed the project's scope, history,
vegetative impact, timeline, and land use permit review requirements.
One participant asked the age of the riparian forest bordering the eastern portion of the
project area. Stacey responded that she was uncertain of this.
A participant commented that the river bank is heavily eroded and that the bank's
"accretion rate" and future changes in the river's course should be taken into account in
the routing of the trail and the location of the required vegetated corridor.
A participant questioned the proposed 8'-width of the trail and whether this meets ADA
standards. The City representative responded that ADA standards do not preclude an 8'-
wide trail, and the City had no control over the trail width. The width was dictated by
Clean Water Services (CWS), acting as the land owner and as a permit authority for the
trail. The City proposed a 10'-wide improvement, but was overruled by CWS.
Another attendee commented that he preferred a narrower width and that he didn't"like
to walk on a"road." His view was that "the thinner the better."
Another question concerned the paving material used in the construction of the trail, with
this questioner expressing a strong preference for asphalt as opposed to concrete. His
experience is that "concrete is terrible to walk on." The same speaker asked for a 3' wide
chip trail alongside the paved trail. The soft surface trail would be suitable for jogging.
The City response, made after the meeting, was that the trail surface will be concrete,
because the maintenance costs associated with concrete is far lower than for an asphaltic
trail. Stacie responded that the 3'chip trail falls within CWS's trail design specifications
and would be counted by CWS toward the 8'of allowed width.
Other questions concerned the enforcement of the dog leash rules and the timing of the
project. Staff responded that the county enforces the dog control laws and that the project
was scheduled for summer 2006 construction. A participant suggested that lights should
be placed at the rail undercrossing. Staff inentioned that City parks and greenway trails
are not intended to be used after dark.
Other suggestions were that trash cans should be placed at "discrete places" along the
trail and that a picnic table should be placed near the railroad trestle. Staff stated that
these comments would be passed on to the Parks Maintenance Division.
i/Irpin/ddtrails.tualatin.neighborhood meeting results
�`• �. S r .
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Notice of Neighborhood Meeting
2,6,�6
RE: Tualatin River Pedestrian/Bicycle Trail
Dear Interested Party:
The City of Tigard is proposing to install a 1,320' long 8' wide hard surface trail along
the Tualatin River between Cook Park and the Burlington Northern Railroad corridor
Iocated to the east. Clean Water Services, the owner of the land (Tax lot 2S1 14DA
100) through which the trail would extend, has provided an access easement for the
trail. The land use permits required to install the trail are a Sensitive Lands Permit
and a Conditional Use Permit.
Prior to applying to the City of Tigard for the necessary land use approvals, we
would like to take the opportunity to discuss the proposal in some detail with the
surrounding property owners and residents. A meeting for this purpose is
scheduled as follows:
6:30 PM — 8:00 PM
Wednesday, February 22, 2006
Library, Durham Elementary School
8048 SW Shaffer Lane
(Located near Durham Road and Hall-85th Avenue)
Please note that this will be an informational meeting on preliminarv plans. These
plans may be altered prior to the submittal of the application to the city.
We look forward to discussing the proposal with you. Please call Duane Roberts at
503-718-2444 should you have any questions.
Sincerely,
�.5 �
Du ne oberts, City of Tigard
Stacey Benjamin, SWCA Environmental Consultants
OEOORAPNIC INFOFM�iION Sv�,
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NEIGHBORHOOD MEETING INFORMATION
As part of the development review process for most land use applications,
the City of Tigard requires that developers hold a neighborhood meeting to
notify and discuss with property owners in the area, their proposed CITYOFTIGARD
Community�Devefopmerct
development. Below are some frequently asked questions about the Sh��InBABetterCommunity
neighborhood meeting process.
WHAT IS THE PURPOSE OF THIS NEIGHBORHOOD MEETING?
The purpose of the meeting is to allow the prospective developer to share with you what they are planning to
do. This is your opportunity to become informed of their proposed development and to let them know what
issues or corcer;�s you have in regard to their prcposal.
WHAT HAPPENS AFTER THE NEIGHBORHOOD MEETING?
After the neighborhood meeting, the prospective developer finalizes their submittal package (often taking into
account citizen concerns) and submits an application to the City. Sometimes it takes a while before the
developer's application is ready to submit, so there could be several months between the neighborhood
meeting and the submittal of an application.
Once an application is submitted to the City, Staff reviews it for completeness. Once an application has been
deemed complete, the formal application review begins. It takes approximately 6-8 weeks from the time the
application is accepted for a decision to be made. Many types of applications require a public hearing at which
citizens are given the opportunity to provide comments or concerns. Property owners within 500 feet will be
notified after a complete application is submitted. They will be provided an opportunity to comment. Any
appeals are decided based on the provisions of applicable laws and the development code.
WHAT IF THE PROPOSAL PRESENTED AT THE NEIGHBORHOOD MEETING IS NOT WHAT IS
ACTUALLY SUBMITTED?
Applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally
follows the type of development proposed. This provides for the opportunity to address the neighborhood
issues and address other changes necessitated by the development or staff. If the project is significantly
different, a new neighborhood meeting would be required as determined by staff.
HOW DO I KNOW WHAT ISSUES ARE VALID?
A decision is reviewed based on compliance with the Tigard Development Code. You may wish fo review the
city's development code to familiarize yourself with whaf is permitfed and what may nof be permitted. A copy
of the development code is available for viewing at the Tigard City Library, on the City's web site at
www.ci.tiqard.or.us, or a copy may be purchased at the Community Development Services counter. You may
also contact city planning staff and ask what the standards are for a specific issue. Be prepared, however, that
you may not LIKE all the standards, but at least you know what they are. If a development meets the code
standards, it can proceed.
For your assistance, attached is a list compiled of helpful questions to ask that may assist you in
determining your position on a particular proposal.
Page 3
.,� .
QUESTIONS TO ASK OF TYPICAL NEIGHBORHOOD CONCERNS, TO MAKE SURE YOUR
CONCERNS ARE CONSIDERED.
The following is a list of questions intended to aid you in formulating your own questions for proposed
development in your area. Feel free to ask more or alter the questions to address your own unique
concerns and interests.
PROCESS
► What applications are you (the developer) applying for? When do you expect to subrnit the application(s)
so that neighbors can review it? What changes or additions are expected prior to submittal?
► Will the decision on the application be made by City Staff, Hearings Officer, Planning Commission or City
Council? How long is the process? (timing)
► At what point in the process are citizens given notice and the opportunity to provide input?
► Has a pre-application conference been held with City of Tigard staff?
• Have any preliminary requirements been addressed or have any critical issues been identified?
■ What city planner did you speak with regarding this project? (This person is generally the planner
assigned to the land use case and the one to contact for additional information).
STREETS
► Will there be a traffic study done? What are the preliminary traffic impacts anticipated as a result of the
development and how do you propose to mitigate the impacts if necessary?
► What street improvements (including sidewalks) are proposed? What connections to existing streets are
proposed?
► Are streets proposed to be public or private? What is the proposed parking? What are the proposed
street and sidewalk widths?
► What are the emergency access requirements and what is proposed to meet those requirements?
ZONING AND DENSITY
► What is the current zoning? What uses are allowed under this zoning?
► Will there be a re-zone requested by the developer`? If yes, to what zone?
► How many units are proposed for the deve{opment and what is the minimum and maximum number of
units allowed in the zone?
DRAINAGE AND WATER QUALITY
► What is your erosion control and drainage plan? What is the natural slope of the property? What are the
grading plans?
► Is there a water quality facility planned within the development and where will it be located? Who will own
and maintain the facility?
TREES AND LANDSCAPING
► What are the tree removal plans and what is proposed to mitigate for trees removed?
► What are the landscaping plans? What buffering or fencing is required and/or proposed?
ADDITIONAL INFORMATION
► How do I request more information or a follow-up meeting from/with the applicant?
Page 4
-• 2S113CB-05400 2S113C6-O5500
BABER DA�(ID WILLIAM/CAROL LYNN KAMINSKI STEPF'
P O BOX 1447 8300 SW WOODY t�.J ST
• TUALATIN,OR 97062 DURHAM,OR 97224
2S114AD-00100 2S113CC-05300
CLEAN WATER SERVICES KIRSCHBAUM RICHARD S&LINDA H
2550 SW HILLSBORO HWY 8169 SW KINGFISHER WAY
HILLSBORO, OR 97123 DURHAM,OR 97224
2S116AD-0030 2S113CC-00200
CLEAN W SERVICES KNUDSEN KANDICE J 8 MAf�K A
2550 S LSBORO HWY 8360 SW ELLMAN LN
HILL O,OR 97123 TIGARD,OR 97224
2S113B0-0060 2S113CC-05200
CLEAN W R SERVICES REECE REYBERT A 8 NORMA E
2550 5 LLSBORO HWY 8191 5W KINGFISHER WAY
HILLS RO,OR 97123 DURHAM,OR 97224
2S114DA-0010H 2S113C8-05600
CLEAN W�17ER SERVICES STEWART ALAN D AND HELEN I
2550 SI,�HILLSBORO HWY 8283 WOODY END
HILLS�ORO, OR 97123 DURHAM,OR 97224
i
2S113CC-06700 25114DA-0 00
DURHAM CITY OF TIGAR ITY OF
PO BOX 23483 13125 W HALL BLVD
DURHAM,OR 97281 TIG D,OR 97223
2S113B 2200 2S114D&0��00
DUR M CITY OF TIGARDCITY OF
PO OX 23483 1312�W HALL BLVD
D RHAM,OR 97281 TIG D,OR 97223
2S113C8-07700 2S114A0-01500
DURFjAM CITY OF TIGARQICITY OF
PO�OX 23483 1312 �SW HALL BLVD
D�RHAM,OR 97281 TIG D,OR 97223
2si�aoaoosoo
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HICKOX HENRY A 8 JOHNNA M A TUALATIN COUNTRY CLUB
2165 BEACH LOOP RD pp BOX 277
BANDON,OR 97411
TUALATIN,OR 97062
2S113CC-D5100 2S713CC-01800
HOWARD BRUCE C&TRISCHA L TUALATIN CITY OF
8213 SW KINGFISHER WAY 18880 SW MARTINAZZI AVE
DURHAM,OR 97224 TUALATIN,OR 97062
M 2S114AC-00900 2S114AD-02100
SULLIVAN HELEN M&ROBERT W ZOUCHA MICHAEL _
. 9079 SW WAVERLY DR 16676 SW 88TH PL
TIGARD, OR 97224 TIGARD,OR 97224
2S114AD-00700
VICTOR DAVID J&MICHELLE H
8981 SW WAVERLY
TIGARD,OR 97224
2S114AD-03700
WALKER JOHN D&DEBBIE D
16670 SW 90TH PL
TIGARD,OR 97224
2S114AC-01300
WALKER MARK&LISA
9174 SW WAVERLY DR
TIGARD,OR 97224
2S114AD-04700
WAVERLY CONSTRUCTION
, 0
2S114AD-04500
WAVERLY ESTATES OWNER OF
LOTS 26-31
, 0
2S114AD-04600
WAVERLY ESTATES OWNER OF
LOTS 17-22
, 0
2S114AD-04400
WAVERLY ESTATES OWNER OF
LOTS 35-40
, 0
2S114AD-00400
WILLIAMS MICHAEL A&HIROMI T
9047 SW WAVERLY DR
TIGARD,OR 97224
2S114AD-01700
YEFREMOV VALENTIN I/NATALYA&
YEFEMOVA IRINA V
8801 SW WAVERLY DR
TIGARD,OR 97224
2S114AD-02700 2S114AD-04200
HERMANN KENNETH D&BETTE ANNE MULHOLLAND DA�,,,i,&RHONDA L
- 8894 SW WAVERLY DR 9022 SW WAVERLY DR
TIGARD, OR 97224 TIGARD,OR 97224
2S114AD-03100 2S114AD-02500
HEROLD THOMAS R/KRISTINA L O'NEAL JEROLD A&JILL A
16649 SW 89TH PL 8852 SW WAVERLY DR
TIGARD, OR 97224 TIGARD,OR 97224
2S114AC-00601 2S114AD-01000
HICKOX JOHN PARALKAR PRASANNA E&
811 DORADO CIRCLE SE TRUPTI P
MARIETTA,GA 30067 8921 SW WAVERLY DR
TIGARD,OR 97224
2S114AD-01900 2S114AD-02200
HJELM ROXANNE& PENNINGTON MALCOLM B&
HAWKINS KONNI J SHELLEY V
16622 SW 88TH PL 16653 SW 88TH PL
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-01500 2S114AC-00800
JOHNSON-BRISSETT KIRSTEN E RICHMOND CASEY G C&KATE P
8845 SW WAVERLY DR 9111 SW WAVERLY DR
TIGARD,OR 97224 PORTLAND,OR 97224
2S114AD-04100 2S114AC-01200
KAMPSCHROR JOHN L&STEPHANIE C SADDLER KEVIN F&RHONDA L
9004 SW WAVERLY DR 9142 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97223
2S114AD-03000 2S114AD-00500
LENNARTZ MARK S&LOUISE N SCHOEN MICHAEL S&DEBRA D
16675 SW 89TH AVE 9023 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-03400 2S114AD-02600
LEWIS STEPHEN C&ANNE E SCHWEITZER BRENDA LEE
8958 SW WAVERLY DR 8876 SW WAVERLY DR
TIGARD, OR 97224 TIGARD,OR 97224
2S114AD-02000 2S114AD-02300
MAXWELL CARL F&G MAGDALENA SOBETZKI APRIL A 8�OLIVER K
16648 SW 88TH PL 8808 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97223
2S114AD-03300 2S114AD-03600
MEIROW MARY& SPANU RICHARD P&MICHELLE L
MEIROW JAMES F 16634 SW 90TH PL
8932 SW WAVERLY DR TIGARD,OR 97223
TIGARD,OR 97224
2S114AD-032Q0 2S114AD-04300
BLEVINS CATHERINE HARTZELL DEBENDETTI DUAI�c&MISCHELL R
• 8910 SW WAVERLY DR 9046 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-04000 2S114AD-00900
BOROSUND JEFFREY STEVEN DOWNEY HEIDI M
16633 SW 99TH PL 8943 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-02800 2S114AC-01100
BOUDREAU KATHERINE M ENGEN MATTHEW P&JESSICA L
16650 SW 89TH PL 9118 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-03500 2S114AD-01800
BURKE E DAVID&KERRI E EPP KEVIN PETER&
8986 SW WAVERLY DR JEANETTE KAY
TIGARD,OR 97224 16600 SW 88TH PL
TIGARD,OR 97224
2S114AD-03800 2S114AD-00800
BUTLER MICHAEL S 8 SUSAN R ERVIN WILLIAM N 8 VERONICA M
16659 SW 90TH PL 8967 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-01200 2S114AD-01600
BUTLER THOMAS M 8 CANDACE R FLOYD LAVONNE
8899 SW WAVERLY DR 8819 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-00600 2S174AD-02900
BUTTERFIELD PATRICK D FORREST ROBERT A 8 BARBARA J
9005 SW WAVERLY DR 16672 SW 89TH PL
TIGARD,OR 97224 TIGARD,OR 97224
2S114AC-01000 2S1t4AD-01400
CHANG JOHN T 8 JOY D GENTEMANN JASON W&SHANNON
9080 SW WAVERLY DR 8863 SW WAVERLY DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-02400 2S114AD-01100
COLLIGAN PAUL W&HEIDI L GISSEL MATT D&KATHERINE P
8820 SW WAVERLY DR 8905 SW WAVERLY
TIGARD,OR 97224 TIGARD,OR 97224
2S114AD-01300 2S114AD-03900
DAVIS ELWOOD S HASS DELBERT R
8887 SW WAVERLY DR 16641 SW 90TH PL
TIGARD,OR 97224 TIGARD,OR 97224
� Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 1361h Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES fno. I of I1 Ii:lcurolnlsetu�llabelslClT South.docl UPDATED: 12-Mav-05
�:. �';� � ;•
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� Brian We ner
Tuala ' Riverkeepers
12 0 SW Main Street— Suite 100
igard, OR 97223
Sue Beilke
11755 SW 114th Place
Tigard, Or. 97223
Fanno of Fanno Creek
c/o Dave Drescher
7717 SW 51 St Place
Portland, OR 97219
John Fre � g
711 ola Lane
' ard, OR 97223
,
Tualatin River Trail
Additions to Mailin� List
Gretchen Buehner
13249 SW 136t" Pl
Tigard, OR 97223
Jeannot Whittle
12030 SW King George Ln
Tigard, OR 97224
Scot Harger
9690 S W Riverwood Ln.
Tigard, OR 97224
David Baumgarten
15179 S W 122"d Ave.
Tigard, OR 97224
City of Durham
17160 SW Upper Boones Ferry Rd.
PO Box 23483
Durham, OR 97281-3483
Tualatin River Trail
Additions to Mailin�
Gretchen Buehner
13249 SW 136`�' PI
Tigard, OR 97223
Jeannot Whittle
12030 SW King George Ln
Tigard, OR 97224
Scot Harger
9690 SW Riverwood Ln.
Tigard, OR 97224
David Baumgarten
15179 S W 122"d Ave.
Tigard, OR 97224
City of Durham
17160 SW Upper Boones Ferry Rd.
PO Box 23483
Durham, OR 97281-3483
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PRE-APPLICATION
� �� C4NFERENCE REQUEST
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
r ,�. FOR STAFF USE ONLY
Applicant: �/ ` �� l � � r
Address/ �Z � �t �� Phone: 71c� � Z�'�` Case No.:
City:��� Zip: J 7 Zz—� Receipt No.:
/�'�/ � � one: /�°L�-�fi� Application Accepted By:
Contact Person: < < � U Li'/P�5 7 Date:
Property OwnerlDeed Holder(s): C�'�-S
�f DATE OF PRE-APP.:
�_� _J` CJ ;��� �/��.J �C�/ v �7 �y TIME OF PRE-APP.:
Address: Phone:
PRE-APP. HELD WITH:
c ,-, z
Clty: �/�/f��'r � Z�p� �l'L_.../ Rev.7l1/05 i:\curpin\masterslrevisedlPre-AppRequest.doc
Property Address/Location(s): /) � �� ��� _
'�-���1 �? � � �'l�- �� ''!L— REQUIRED SUBMITTAL ELEMENTS
��/ �U �-� l/���h <<� �--�-�-7��� �� (Note: applications will not be accepted
� � � without the required submittal elements)
Tax Map &Tax Lot#(s): � /��,/7-t-1(J C� �
Zoning: � -�, �� ���Pre-Application Conf. Request Form
v
Site Size: �� / f/j`�- ( U(.; z'`f f-}-� 4 COPIES EACH OF THE FOLLOWING:
G]�'Brief Description of the Proposal and
PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that
you would like to have staff research
prior to the meeting.
All of the information identified on this form are required to be
submitted by the applicant and received by the Planning Division a .0 Site Plan. The site plan must show the
minimum of one (1) week prior to officiallv schedulinq a proposed lots and/or building layouts
pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject property in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt of the request for either across the street.
Tuesdav or Thursday morninas. Pre-application conferences are ❑ The Proposed Uses.
one (1) hour lonq and are typically held between the hours of �- Topographic Information. Include
9:00-11:00 AM. Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Application Conference is for
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPOLE project, the applicant
8:00-4:00/MONDAY-FRIDAY. must attach a copy of the letter and
proof in the form of an affidavit of
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the collocation protocol
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Was completed (see Section 18.798.080
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM of the Tigard Community Development
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code).
GROUP. ❑ Filing Fee$351.00
I ,
PRE-APPLICATION CONFERECNE REQUEST
Tualatin River Trail Project
The City's project proposal is the construction of an 8-foot wide, 1,320-foot long
river-side recreational trail connecting Cook Park to the future Tualatin River
Pedestrian Bridge. The trail will be constructed in two phases. Phase I includes
1,100 lineal feet of at-grade trail extending easfinrard from Cook Park. Phase II
includes the construction of another 220 lineal feet of trail extending from the
eastern terminus of the phase I trail to the westerly boundary of the rail corridor
located along the eastern boundary of the Durham Treatment Plant property.
Both phases of the trail will be constructed within a 25-foot easement provided to
the City by Clean Water Services, the property owner.
As noted, the Phase I trail section will be constructed at grade. The Phase II
section will taper down some 2-feet over its 220 foot length. This tapering is
necessary in order to connect with a proposed below grade undercrossing of the
rail bridge approach ramp. The undercrossing will be constructed as part of the
Tualatin River Pedestrian Bridge project, managed by the City of Tualatin. The
under crossing work is not within the purview of the present application.
The tapering of the Tigard trail will require approximately 340 cubic yards of
excavation. The Engineering firm David Evans is nearing completion of a zero-
rise analysis to verify that the undercrossing and Phase II trail section will not
result in any increase in flood levels during the base flood discharge. A copy of
this study will be included as part of the application submittal.
The 1,320-foot trail is part of a long standing, three-city strategy to construct a
pedestrian bridge over the Tualatin River that will interconnect the trail systems
and major parks of the adjoining Cities of Tigard, Tualatin, and Durham.
The proposed segment is identified in the 1983 and still current Tigard
Comprehensive Plan and in the 1999 and still current Tigard Park System Master
Plan, both developed with extensive pubic involvement. The trail segment also
is identified as "regionally significant" on the Metro Region Trail Map.
The gently sloping property through which the trail will extend is covered with
pasture grasses and fescue along the entire route. Native vegetation remains
near the eastern or downstream portion of the trail. A notable stand of Douglas
fir and Oregon ash is found in the area. The impact of the trail on vegetation is
mainly to pasture grasses and fescue. The alignment minimizes riparian impact
by preserving all existing trees.
Snakes are plentiful in the large open filed located on the north side of the trail.
The field floods in winter. As mentioned, in season, a sizeable flock of mixed
dabbling geese and ducks can be found. The proposed trail is located on the
edge of the meadow and is routed to avoid wildlife disturbances. The geese and
ducks will over fly the trail.
A counter balancing environmental benefit of paving is that the grasslands
involved are of limited value and will be mitigated by the enhancement of the
area between the river bank and trail using native plants. As a result of required
and voluntary projects, the net effect of the trail project will be to improve the
overall biological conditions of the riparian area along the Tualatin River.
A small monument sign, recognizing the donor of adjacent greenway to the City
of Tigard also is proposed as part of the trail extension.
i/Irpin/dr/trails.tualatin river.pre-ap
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2S114DA00300 �,. Map Features
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� � IMPACT.4777.30 SQ.FT. acaracy of the location of the top of bank of the Tualatin
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� �J� ��Q 2�� 30a ENVIRONtdE�'JTAL CONSLl7P.NT$
8734199 NOV 2005 FIGURE 3
On(a soi�rce:METRO RLIS.2005 Photn,BPS.2002
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� GEOGftAPHIL INFORMATION SY�,
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Ovvned by the O.vned by Clean Wa�er
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., � y. . �.._ Infamation on Mus ma015 la general location only antl
. . . .. � . �, �. �.�Y ' �:' shouW be veriNeA wiM Me Developmen!Serwces Divisbn.
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M + MILES ABOVE MOUTH
� ELEVATION REFERENCE MARK
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• • • FLOODWAY BOUNDARY
�� �� FLOODWAY, ZERO FOOT RISE
— — 100-YEAR FLOOD
500-YEAR FLOOD
- - - - - - - - APPROXIMATE 100-YEAR FLOOD
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100-YEAR FLOOD ELEVATION LI NE
• • • • • e ZONE BOUNDARY
NOTES
I. DATE OF PHOTOGRAPH: 9 MAY 1977 �
2. AREAS OUTSIDE THE OVERFLOW LIMITS MAY 8E SUBJECT
TO FLOODING FROM LOCAL RUNOFF
3• WHEN LINE SYMBOLS COINCIDE, THE FLOODWAY SYMBOL
TAKES PRECEDENCE OVER THE 100-YEAR, AND THE 100-YEAR
TAKES PRECEDENCE OVER THE 500-YEAR.
4. SECTIONS 13,14,23,24 OF T2S R IW ARE SHOWN.
This map complies with National Map Accuracy Standards except where con-
tours are portrayed as dashed. Prepared under contract DACW57-78-C-0065.
Contours, spot elevations and cross-sections prepared by Spencer B. Gross
on Wild A10 stereoplotter from 1 :24,000 photography. Orthophoto base
prepared by David C- Smith & Associ�tes on S. F.O.M. Orthophotoscope
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•` , BABER DAVID WIL�IAM/CAROL LYNN KAMINSKI STEPHt�.M
� P O BOX 1447 8300 SW WOODY END ST
TUALATIN,OR 97062 DURHAM,OR 97224
2S114AD-00100 2S113CC-05300
CLEAN WATER SERVICES KIRSCHBAUM RICHARD S&LINDA H
2550 SW HILLSBORO HWY 8169 SW KINGFISHER WAY
HILLSBORO,OR 97123 DURHAM,OR 97224
2S114AD-00300 2S773CC-00200
CLEAN WATER SERVICES KNUDSEN KANDICE J&MARK A
2550 SW HILLSBORO HWY 8360 SW ELLMAN LN
HILLSBORO,OR 97123 TIGARD,OR 97224
257138D-D0600 25113CC-05200
CLEAN WATER SERVICES REECE REYBERT A&NORMA E
2550 SW WILLSBORO HWY 8191 SW KINGFISHER WAY
HILLS�RO,OR 97123 DURHAM,OR 97224
2S 114DA-001 2S 113C 6-05600
CLEAN W ER SERVICES STEWART ALAN D AND HELEN I
2550 S1�1/HILLSBORO HWY 8283 WOODY END
HILL$�ORO,OR 97123 DURHAM,OR 97224
i�
2S113CC-067D0 2S114DA-0 00
DURHAM CITY OF TIGARD ITY OF
PO BOX 23483 13125 W HALL BLVD
DURHAM,OR 97281 TIG D,OR 97223
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2S113B0-02200 2S114D6-0 00
DUR M CITY OF TIGARD ITY OF
PO OX 23483 13125 W HALL BLVD
D RHAM, OR 97281 TIG D,OR 97223
2s i i scs-a��oo 2S 114A0-Q1500
DURI�4M CITY OF TIGARD�CITY OF
P�OX 23483 1312 SW HALL BLVD
D HAM,OR 97281 TIG D,OR 97223
/
2S114D0-00300 2S774DA-qb200
HICKOX HENRY A 8 JOHNNA M A TIGARD`CITY OF
2165 BEACH LOOP RD 1312��SW HALL BLVD
BANDON,OR 97411 TIG�iRD,OR 97223
!
2S113CC-05100 2S113CC-D1800
HOWARD BRUCE C&TRISCHA L TUALATIN CITY OF
8213 SW KINGFISHER WAY 18880 SW MARTINAZZI AVE
DURHAM,OR 97224 TUALATIN,OR 97062
s '
• + .
Brian Wegener
Tualatin Riverkeepers
12360 SW Main Street— Suite 100
Tigard, OR 97223
Sue Beilke
11755 SW 114th Place
Tigard, Or. 97223
Fanno of Fanno Creek
c/o Dave Drescher
7717 SW 515t Place
Portland, OR 97219
John Frewing
7110 Lola Lane
Tigard, OR 97223
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� CITY OF TIGARD
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P RE-APPLI CATI O N CO N F E RE N CE N OTE S �a mu�nity�Develapment
S(npingA Bette�Community
(Pre-Application Meeting Notes are Valid for Siz (6) Months)
�:
� , � �,.
PRE-APP.MTG.DATE: + I /�
i -
STAFFATPRE-APP.: — — n� � —RESIDENTIAL
� v �i�
APPLICANT: �-U I ` � r�-� << AGENT:�'�/ � �� �� � r'-� 4 -?
Phone: �' — �Z � Phone: U Z — v � - z- �
PROPERTY LOCATION: `� l" `� � T `'/�` f��`j� l�' ��"'''
ADDRESS/GENERAL LOfATION: �� � C-c��l�-- I—G � L-
t—a � �'� Lt / t f`�����—C'�r"l� � '/
TAX MAP(S)/LOT #(S): _3�5�_j %J- / U O
NECESSARY APPLICATIONS: � ��(�
:
PROPOSAL DESCRIPTION: L-o Z. ° �-� �- / Z U c,� �� �7< <-�-� cl�
« ��� t. � �1 41� ', -�.
" /� � � � � � �/U O � c-._� / ��
COMPREHENSIVE PLAN 3 �� �, f �P��- �/�,��, {�:` � �z� �.�, � -. <<y �_�:
MAP DESIGNATION: �j :�./o �.-.� � /� � �
� IJ �.-� `�47c cAy
ZONING MAP DESIGNATION: � '�, .�
iONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. �iV l
/" MINIMUM LOT SIZE: Cr�Sq, ft. Average Min. lot width��ft. Max. building height:� ft.
Se�feck� Front �J ft. Side �_ft. Rear �ft. Corner�ft. from street.
� MAXIMUM SITE COVERAGE: ---- % Minimum landscaped or natural vegetation area: '- %.
GARAGES: -�" � ft.
� NEIGHBORNOOD MEETING [Refer to the Neighborhood Meetlng Nandoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, �4ND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two
(2) weeks befinreen the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to
submittinq your application or the application will not be accepted.
' NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residen6al ApplicaGon/Planning Division Secfion
� NARRATIVE [Refer to Code Ci�apter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
�] IMPACT STUDY [Refer to Code Sectlons 18.390.040 and 18.890.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
❑ ACCESS [Refer to Chapters 18.705 and 18.1651
Minimum number of accesses: Minimum access width:
Minimum pavement width:
❑ WALNWAY REQUIREMENTS [Refer to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
❑ RESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.7151-SEE IXAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s) from the gross site area:
All sensitive lands areas includinq:
➢ Land within the 100-year floodplain;
➢ Stopes exceeding 25%;
➢ Drainageways; and
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts.
Public riqht-of-wav dedication:
➢ Single-family allocate 20% of gross acres for public facilities; or
➢ Multi-family allocate 15% of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction.
EKAMPLE OF RESIDENTIAL DENSITY CALCUlATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Single-Family Multi-FamilY
43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area
8,712 sq. ft. (20%1 for public ripht-of-wav 6,534 sq. ft. (15%)for public right-of-way
NET: 34,848 square feet NET: 37,026 square feet
- 3.050(minimum lot area) - 3,050(min�m�m lot area)
= 11.4 Units Per Acre = 12.1 Units Per Acre
�Tbe DevelopmeM Code requires that the net site area e�dst for the nextwhele dwelling unit NO ROUNDIN6 UP IS PERMIiTED.
�Mfplmum Prolect Densitfi�s 8076 af the maximum allowed densiql.TO DETEBMIME THIS STANDARD,MULiIPLY TNE MA1(IMUM NUMBER Of UNITS BY.8.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential Application/Planning Division SecGon
� ❑ SPECIAI SETBACKS [Refer �ode Section 18.7301
➢ STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning district for the primary structures'setback requirements.l
❑ FLAG LOT BUILDING NEIGHT PROYISIONS [Refer to Code Chapter 18.7301
MAXIMUM HEIGHT OF 1'/Z STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFFERING AND SCREENINC [Refer to Code Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may o� be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to vour proposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
❑ LANDSCAPIN6 [Refer to Code Chapters 18.745,18.765 and 18.1051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ RECYCLIN6 [Refer to Code Chapter 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of finro (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residential ApplicationlPlanning Division SecGon
• ❑ PARKIN6 [Refer to Code Ct 'ers 18.165 a 18.1051
ALL PARKING AREAS HND DRIVEWAYS MUST BE PAVED.
➢ Single-family............ Requires: One (1) off-street parking space per dwelling unit; and
One (1) space per unit less than 500 square feet.
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Americans with
Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be
posted.
❑ BICYCLE RACKS [Refer to Code Section 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
�
�] SENSITIVE LANDS [Refer to Code Chapter 18.T15)
' � The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibilitv to preciselv
identifv sensitive land areas, and their boundaries, is the responsibilitv of the applicant. Areas
meetinq the definitions of sensitive lands must be clearlv indicated on plans submitted with the
development aqplication.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.7i5.070.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
�] CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R a 0 96-44/USA Regulations-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shalt preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Desiqn Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9
Residential Applica6on/Planning Division 5ection
� TABLE 3.1 VE6ETATED CORRIOOR WID'
SOURCE: CWS DESI6h aND CONSTRUCTION STANDARDS MANUAL/RESOLUTION a ORDER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
• Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
� >50 to <100 acres 25 feet
• Existing or created wetlands <0.5 acre 25 feet
• Existing or created wetlands >0.5 acre <25% 50 feet
• Rivers, streams, and springs with year-round flow
• Streams with intermittent flow draining >100 acres
• Natural lakes and onds
• Streams with intermittent flow draining: >25%
� 10 to c50 acres 30 feet
� >50 to <100 acres 50 feet
• Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine{break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine3
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protedion. Intermittent springs, located a minimum of 15
feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
�Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shail be maintained with the reduced setback from the top of ravine.
Restrictions in the Vegetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in the
USA Design and Construction Standards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
� CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
, Service Provider Letter is not required.
�] SI6NS [Refer to Code Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
�] TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Sectlon 18.790.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential ApplicationlPlanning Division Section
• THE TREE PLAN SHA' 'NCLUDE the following:
➢ Identification of t��a location, size species, and condition of all existing trees greater than 6-
i�ich caliper.
➢ Iden � ' m to s v ' ' 'tigate tree removal over 12 inches in
caliper. Mitigation must fo ow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A_protectio standards and methods that will be used by the applicant to
profec rees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED AB�VE will be inventoried as pa�t of the tree plan above and will be
replaced according to Section 18.790.060.D.
�
f�l MITI6ATION [Refer to Code Section 18.790.060.E1
1� REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in perForming such tree
replacement.
❑ CLEAR VISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Applica6on Conference Notes Page 6 of 9
Residential ApplicationlPlanning Division SecGon
� ❑ RITURE STREET PLAN AND Df" ►10N OF STREETS [Refer to Code Sectir 3.810.030.FJ
A FUTURE STREET PLr1N shall:
: Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'h TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/2 times the minimum lot size of the applicable zoning district.
❑ BLOCKS [Refer to Code Sectlon 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
CODE CNAPTERS
✓ 18.330(Conditional use) �$.F)ZO(Tgard Triangle Design Standards) _ 'I�,765(pffSbeet ParkinglLoading Requiremenis)
_ 18.340(Directors Interpretation) 18.630(Washington Square Regiona�Center) �$.775(Sensitive Lands Review)
_ 18.350(P�anned�evebpment) 18.705(Access�9ress�Circu�ation) v 18.780(Sgns)�
_ 18.360(Site Devebpment Review) 'I S.7'I O(Accessory Residential Units) - 'I$.7$5(Temporary Use PermiFs)
_ 18.370(variancPSl,4djustrnentsy 1 H.715(Densiry Computations) �$.790(Tree Removal)
_ 18.380(Zoning neaplrext Amendments) �S.72O(Design Compatibility Standards) _ 'I$.795(Visual Clearance Areas)
_ 18.385(Misce�laneous Permits) �8.T25(Environmental Performance Standards) _ 'I$.79$(Wireless Communication FaciliGes)
��S.39O(Decision Making Procedures�lmpact Study) �H.73O(ExcepGons To Development Standards) _ �S.S�O(Street 8 Utility Improvement Standards)
_ �S.4�O(Lot Line AdjustrnenLs) 18.740(Historic Overlay) _
_ 18.420(�and Partitlons) 18.742(Home Occupation Permits)
_ 18.430(Subdivisions) 'I 5.745(Landscaping&Screening Standards)
L��H.5'I O(Residential Zoning DisVicts) "I S.75O(Manufactured/Mobil Home Regulations)
_ 18.520(Commercia�Zoning Districts) 18.755(Mixed Solid WastelRecycling Storage)
_ 18.530(Industria�Zoning Districts) 18.760(Nonconforming Situa6ons)
CIIY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential ApplicationlPlanning Division Section
- ADDITIONAL CONCERNS OR COMM �S:
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—� .SL ' /v «C !�r r-'�� � �-�f
/ / �t l � �% ! �/l � � / C L -�_ (-t �l C�^f
PROCEDURE �
�.�dministrative Staff Review.
� Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications
submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma e
returne . he anninq counter c oses at 5:00 PM.
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/2" x 11". One 8'/z" x 11"
ma o a ro ose ro ect s a a so e su mitte or attac ment to t e sta re ort or
a ministrative decision. pplications wit un olded maps s a not e accepte .
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential Application/Planning Division Section
� The administrative dec� i or public hearing will typically occ� �proximately 45 to 60 days after an
application is accepted �, being complete by the Plannin� Divi�,�n. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal period follows all land use decisions. An appeal on this matter
would be heard by the Tigard � : . A basic flow chart
which illustrates the review process is available from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PLAT NAME RESERVAflON [Couniy Surueyo�s Office: 503-648-8884I
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are re� to complete and file a subdivision plat naming request with the Washington
County Surveyor s Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDING PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the City's policv is to apply those svstem
development credits to the first buildinq permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an notes canno cover a o e requirements an aspec s re ate to
site planning that should ap ply to the develo p,ment of your site plan. Failure of the staff to provide
information required by the Gode shall not cons�ltute a waiver of the applicable standards or requirements.
It is recommended that a prospectiye applicant either obtain and read the Community Development Code or
ask any questions of Cit staff relative to Code requirements prior to submitting an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
PREPARED BI': ^ '� ��
CITY OF TIGARD PtA1yNING DfVISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4111 FAX: 503-684-7297
EMAIL• jstaffs first name)Q�Ci.tigard.or.us
TITLEI8(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNETADDRESS: WWW.Ci.tigard.01'.OS
H:lpattylmasterslPre-App Notes Residential.doc Updated: 15-Dec-04
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residen6al ApplicatioNPlanning Division Section
�
e. The Building Official shall review building permits for accessory structures which are 120 to
528 square feet in size, except in the floodway area;and
f. The Director shall review applications for paving on private property, except in the floodway
area by means of a Type I procedure, as governed by Section 18.390.030 subject to
compliance with all of the standards in this Chapter.
2. The responsible community development division shall approve, approve with conditions, or
deny an application for a development permit, as described above, based on the standards set
forth in Sections 18.775.050, 18.775.070,and 18.775.080.
F. Sensitive lands permits issued bv the Director.
1. The Director shall have the authority to issue a sensitive lands pemut in the following areas by
means of a Type II procedure, as governed in Section 18.390.040, using approval criteria
contained in Section 18.775.070:
a. Drainageways;
b. Slopes that are 25%or greater or unstable ground;and
c. Wetland areas which are not regulated by other local, state, or federal agencies and are
designated as significant wetlands on the City of Tigard "Wetland and Streams Comdors
Map".
2. Sensitive lands permits shall be required for the areas in Section 18.775.020.F.1 above when any
of the following circumstances apply:
a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of
material;
b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50 percent of the market value of the structure prior to the improvement or
the damage requiring reconstruction;
c. Residential and non-residential structures intended for human habitation;and
d. Accessory structures which are greater than 528 square feet in size,outside floodway areas.
G. Sensitive lands permits issued bv the Hearings Officer.
1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year
floodplain by means of a Type IIIA procedure, as govemed by Section 18.390.050, using
approval criteria contained in Section 18.775.070.
2. Sensitive lands permits shatl be required in the 100-year floodplain when any of the following
circumstances apply:
a. Ground disturbance(s)or landform alterations in all floodway areas;
Sensitive Lands 18.77S-S Code Update: 06/01
�
b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more
than 50 cubic yards of material;
c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50 percent of the mazket value of the structure prior to the improvement or
the damage requiring reconstruction provided no development occurs in the floodway;
d. Structures intended for human habitation; and
e. Accessory structures which are greater than 528 square feet in size, outside of floodway
areas.
H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are
prohibited on sensitive land areas.
I. Nonconforming uses. A use established prior to the adoption of this title, which would be prohibited
by this Chapter or which would be subject to the limitations and controls imposed by this Chapter,
shall be considered a nonconfornung use. Nonconfornung uses shall be subject to the provisions of
Chapter 18.760.
18.775.030 Administrative Provisions
A. Inteca�Lncv Coordination. T'he appropriate approval authority shall review all sensitive lands permit
applications to determine that all necessary permits shall be obtained from those federal, state, or
local govemmental agencies from which prior approval is also required.
1. As govemed by CWS "Design and Construction Standards", the necessary permits for all
"development",as defined in Section 18.775.020.A above, shall include a CWS Service Provider
Letter, which specifies the conditions and requirements necessary, if any, for an applicant to
comply with CWS water quality protection standards and for the Agency to issue a Stormwater
Connection Pernut.
B. Alteration or relocation of water course.
1. The Director shall notify communities adjacent to the affected area and the State Department of
Land Conservation and Development prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration;
2. The Director shall require that maintenance is provided within the altered or relocated portion of
a watercourse so that the flood-carrying capacity is not diminished.
C. Applv Standards. The appropriate approval authority shall apply the standards set forth in Sections
18.775.040,and 18.775.070 when reviewing an application for a sensitive lands permit.
D. Elevation and flood-aroofinQ certification. The appropriate approval authority shall require that the
elevations and flood-proofing certification required in Section 18.775.030.E below be provided prior
to permit issuance and verification upon occupancy and final approval.
Sensitive Lands 18.775-6 Code Update: 06/02
B. GrantinQ of extension. The Director shall, upon written request by the applicant and payment of the
required fee,grant an extension of the approval period not to exceed one year,provided that:
1. No changes are made on the original plan as approved by the approval authority;
2. The applicant can show intent of initiating construction of the site within the one year extension
period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions�on which the approval was based.
C. Notice of the decision. Notice of the decision shall be provided to the applicant. The Director's
decision may be appealed by the applicant as provided by Section 18.390.040.G and 18.390.040.H.
18.775.070 Sensitive Land Permits
A. Permits reQUired. An applicant who wishes to develop within a sensitive area, as defined in Chapter
18.775, must obtain a pernut in certain situations. Depending on the nature and intensity of the
proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated
in Sections 18.775.020.F and 18.775.020.G. The approval criteria for various kinds of sensitive
areas,e.g., floodplain,are presented in Sections 18.775.070.B— 18.775.070.E below.
B. Within the 100-year floodplain. The Hearings Officer shall approve,approve with conditions or deny
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 encroachments, including fill, new
construction, substantial improvements and other development unless certified by a registered
professional engineer that the encroachment will not result in any increase in flood levels during
the base flood discharge;
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 18.120 of the Community Development Code shall be
allowed in areas designated residential subject to applicable zoning standards;
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;
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 Hearings Officer as untimely;
5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation
of an average annual flood;
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS permits and approvals shall be obtained;and
Sensitive Lands 18.775-10 Code Update: 06/02
7. Where land form a(terations and/or development are allowed within and adjacent to the 100-year
floodplain, the City shall require the consideration of 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.
C. With steep slopes. The appropriate approval authority shall approve,approve with conditions or deny
an application request for a sensitive lands pernut on slopes of 25% or greater or unstable ground
based upon findings that atl of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
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;
3. The structures aze appropriately sited and designed to ensure structural stability and proper
drainage of foundation and crawl space areas for development with any of the following soil
conditions: wet/high water table;high shrink-swell capability;compressible/organic; and shallow
depth-to-bedrock;and
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 18.745,Landscaping and Screening.
D. Within draina�wavs. The appropriate approval authority shall approve, approve with conditions or
deny an application request for a sensitive lands permit within drainageways based upon findings that
all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
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;
3. The water flow capacity of the drainageway is not decreased;
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 18.745, Landscaping and Screening;
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 Ptan;
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and CWS approvals shall be obtained;
7. Where land form alterations and/or development are allowed within and adjacent to the 100-year
floodplain, the City shall require the consideration of dedication of sufficient open land area
Sensitive Lands 18.�75-11 Code Upda[e: 06/O2
18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along
the Tualatin River, Fanno Creek, Ball Creek,and South Fork of Ash Creek
A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all
wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are
protected. No land form alterations or developments are allowed within or partially within a
significant wetland,except as allowed/approved pursuant to Section 18.775.130.
B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisioas of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to n�parian
corridors, a standard setback distance or vegetated corridor area, measured horizontally from and
parallel to the top of the bank, is established for the Tualatin River,Fanno Creek,Ball Creek,and the
South Fork of Ash Creek.
1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet,
unless wider in accordance with CWS "Design and Construction Standards", or modified in
accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland
identified as significant on the City of Tigard"Wetlands and Streams Corridors Map") is located
within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the
associated wetland.
2. The standard width for"good condition" vegetated corridors along Fanno Creek, Ball Creek, and
the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS "Design and
Construction Standards", or modified in accordance with Section 18.775.130. If all or part of a
locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands
and Streams Corridors Map") is located within the 50 foot setback area, the vegetated corridor is
measured from the upland edge of the associated wetland.
3. The minimum width for"marginal or degraded condition" vegetated corridors along the Tualatin
River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the standard width,
unless wider in accordance with CWS "Design and Construction Standards", or modified in
accordance with Section 18.775.130.
4. The determination of corridor condition shall be based on the Natural Resource Assessment
guidelines contained in the CWS "Design and Construction Standards".
5. The standard setback distance or vegetated comdor area applies to all development proposed on
property located within or partially within the vegetated corridors,except as allowed below:
a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in
order to provide access to the sensitive area or across tt►e sensitive area, as approved by the
City per Section 18.775.070 and by CWS"Design and Construction Standards";
b. Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone,
gas,cable, etc.), if approved by the City and CWS;
c. A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design and
Construction Standards";
Sensitive Lands I8.77S-13 Code Update: 06/02
d. Grading for the purpose of enhancing the vegetated cotridor, as approved by the City and
CWS;
e. Measures to remove or abate hazards, nuisances,or fire and life safety violations,as approved
by the regulating jurisdiction;
f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife
habitat,as approved by the City and CWS;
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways,
driveways, utilities, accessory uses, or other developments provided they are consistent with
City and CWS regulations, and do not encroach further into the vegetated comdor or
sensitive area than allowed by the CWS "Design and Construction Standards.
6. Land form alterations or developments located within or partially within the Goal S safeharbor
setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek,
and the South Fork of Ash Creek that meet the jurisdictional requirements and pemvt criteria of
the CWS, U.S. Army Corps of Engineers, Division of State Lands, and/or other federal, state, or
regional agencies,are not subject to the provisions of Section 18.775.090.B,except where the:
a. Land form alterations or developments are located within or partially within a good condition
vegetated comdor,as defined in Sections 18.775.090.B.1 and 18.775.090.B.2;
b. Land form alterations or developments are located within or partially within the minimum
width area established for marginal or a degraded condition vegetated comdor, as defined in
Section 18.775.090.B3.
These exceptions reflect instances of the greater protection of riparian corridors provided by the
safe harbor provisions of the Goal 5 administrative rule.
18.775.100 Adjustments to Underlying Zone Setback Standards
Adjustments to dimensional standards of the underlying zone district may be approved by the Planning
D'uector when necessary to further the purpose of this section.
A. Adiustment option. The Planning Director may approve up to 50% adjustment to any dimensional
standard (e.g., setback height or lot area) of the underlying zone district to allow development
consistent with the purposes of this section. The purpose of the adjustment process is to reduce
adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the
potential for slope of flood hazards.
B. Adjustment criteria. A special adjustment to the standards in the underlying zoning district may be
requested under Type II procedure when development is proposed within or adjacent to the vegetated
corridor area. In order for the Director to approve a dimensional adjustment to standards in the
underlying zoning district, the applicant shall demonstrate that all the following criteria are fully
satisfied:
1. The adjustment is the minimum necessary to allow a permitted use, while at the same time
minimizing disturbance to a water resource, riparian setback area or water quality buffer.
Sensitive Lands 18.775-14 Code Update: 06/02
LARGE PLANS
FOR THIS
FILE ARE IN
THE
RECORDS
ROOM