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Ordinance No. 21-12 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.21-j 2 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT TO REMOVE 1.06 ACRES OF LOCALLY SIGNIFICANT WETLANDS FROM THE"TIGARD WETLAND AND STREAM CORRIDOR MAP"INVENTORY(CPA2021-00001,CUP2021-00002 AND SLR 2021-00001) WHEREAS, Section 18.510.080 of the Tigard Community Development Code (TCDC) includes Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River,Fanno Creek, Ball Creek,and the South Fork of Ash Creek;and WHEREAS, TCDC 18.510.080.A. states in order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0040) pertaining to wetlands,all wetlands classified as significant on the City of Tigard"Wetlands and Streams Corridors Map"are protected.No land form alterations or developments are allowed within or partially within a significant wetland,except as allowed/approved pursuant to TCDC 18.510.100;and WHEREAS,TCDC 18.510.100 Plan Amendment Option,provides that any owner of property affected by the Goal 5 safe harbor(1) protection of significant wetlands and/or(2)vegetated areas established for the Tualatin River,Fanno Creek,Ball Creek,and the South Fork of Ash Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure.This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property,but not to remove the requirements related to the CWS Stormwater Connection Permit,which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS 'Design and Construction Standards."The applicant must demonstrate that such an amendment is justified by either of the following; WHEREAS,TCDC 18.510.100.B further provides that the applicant shall demonstrate that such an amendment is justified by an environmental, social, economic and energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040;and WHEREAS,the applicant prepared an ESEE analysis (Exhibit C) prepared in accordance with OAR 60-23- 040, to justify removal of Goal 5 protection from 1.06 acres of significant wetlands on the subject property; and WHEREAS, on May 3, 2021, the Tigard Planning Commission held a public hearing, which was noticed in accordance with city, standards and recommended approval of the proposed CPA2021-00001/ CUP2021- 00002/SLR2021-00001 by a unanimous vote in favor;and WHEREAS,on June 1,2021,the Tigard City Council held a public hearing,which was noticed in accordance with city standards, to consider the Commission's recommendation on CPA2021-00001/ CUP2021-00002/ SLR2021-00001,to hear public testimony,and apply applicable decision-making criteria;and WHEREAS,Council's decision to approve CPA2021-00001/CUP2021-00002/SLR2021-00001 and adopt this ordinance was based on the findings and conclusions found in Exhibit"B"and the associated land use record which is incorporated herein by reference and is contained in land use file CPA2021-00001/ CUP2021-00002/SLR2021-00001. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No.21-J Page 1 SECTION'1: Comprehensive Plan Amendment, Conditional Use Permit, and Sensitive Lands Review (CPA2021-00001,CUP2021-00002,and SLR2021-00001) is hereby approved. SECTION 2: The attached findings (Exhibit B) are hereby adopted in explanation of the Council's decision. SECTION 3: The ESEE analysis (Exhibit C) shall be incorporated by reference into the Tigard Comprehensive Plan,and the"Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory,as approved. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By 2L/1 ttI1/1 1, 4.,. ote of all Council members present after being read by number and title only,this /Sit day of9../Zh e ,2021. Carol A.A.Krager,City Recoar APPROVED: By Tigard City Council this /-11--day of n ,2021, Jason B.Snider,Mayor Approved as to form: City Attorney 6/2/2021 Date ORDINANCE No. 21- /02. Page 2 EXHIBIT B PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL 's FOR THE CITY OF TIGARD, OREGON TIGARD I 120DAYS = N• SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK TRAIL CONNECTIONS CASE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) CPA2021-00001 CONDITIONAL USE PERMIT (CUP) CUP2021-00002 SENSITIVE LANDS REVIEW (SLR) SLR2021-00001 REQUEST: In partnership with the Oregon Department of Transportation (ODOT), the City of Tigard is proposing the construction of three new sections of the Fanno Creek Trail and improvements to an existing fourth section. I.Woodard Park to Grant Avenue (Woodard Park) 2. Library over Fanno Creek to Milton Court (Library) 3. 85th Avenue to Ki-A-Kuts bridge (Durham) 4. Improvements to an existing path segment from Ash Avenue east to Hall Boulevard within Fanno Creek Park (City Hall). The City of Tigard is requesting a Comprehensive Plan Amendment to remove 1.13 acres of Tigard significant wetlands from the Wetlands and Stream Corridor map to accommodate the future installation of these trail sections. Because there are small portions of the trail that are proposed through residential zoned property a conditional use permit is requested.And finally, a sensitive lands review is requested for impacts to vegetated corridor, FEMA floodway, and steep slopes. APPLICANT/ OWNER: Oregon Department of Transportation c/o Justin Bernt 123 NW Flanders Portland, OR 97209 City of Tigard c/o Carla Staedter 13125 SW Hall Blvd Tigard, OR 97223 LOCATION: Woodard Park 2S102BA,Lots 300,302, 304,501, 5100 2S102BB,Lots 832, 900 PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 1 OF 20 City Hall 2S102AC,Lot 204 2S102AD,Lot 2800 2S102DA,Lot 401 2S102DB,Lot 500 Library 2S101,Lot 1200 2S101CC,Lot 100 2S102DA,Lot 600 2S102DD,Lot 100 2S112BA,Lot 6100 Durham 2S113B, Lot 600 2S114AD,Lot 100 2S114DA,Lot 100 ZONE/ COMP PLAN DESIGNATION: PR, IP, and R4.5 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter: 8.210, 18.310, 18.420, 18.510, 18.710, 18.740, 18.910, 18.920, and 18.930. SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends to the Tigard City Council APPROVAL of the Comprehensive Plan, Conditional Use Permit, and Sensitive Lands Review as determined through the public hearing process subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of this decision. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION,ATTN: Monica Bilodeau (503)718-2427 or MonicaB(u,tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work, the project arborist must perform a site inspection for tree protection measures, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 2. The project arborist must perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non- compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the ENGINEERING DIVISION,ATTN:Jeremy Tamargo, Principal Engineer, (971) 713-0281 or TeremyT@tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 2 OF 20 3. Improvements associated with public infrastructure and stormwater facilities including street and right-of- way dedication,utilities,grading,water quality and quantity facility, streetlights, easements, easement locations, and utility connections and must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Tualatin Valley Fire and Rescue (TVF&R) Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines 4. Improvements associated with public infrastructure and stormwater facilities including street and right-of- way dedication,utilities,grading,water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review, modification,and approval. 5. Prior to commencing any site work,the applicant must submit a Public Facility Improvement (PFI) Permit to cover all infrastructure work including stormwater(water quality and quantity facilities) and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans must be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street. street grading.utilities. stormwater quality and water auantity facilities. sanitary sewer. streetlights.and franchise utilities are reauired at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction. an Eng}'neering cost estimate of water improvement must be listed as a separate line item from the total cost estimate., NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement Permit plans must conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 6. Prior to commencing any site work,the applicant must provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application and must include the vehicles of all suppliers and employees associated with the project. 7. Prior to commencing any site work, the applicant must submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained for review and approval. The storm drainage report must be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. 8. Prior to commencing any site work, the applicant must obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans must be submitted to the City of Tigard for review. The City will forward plans to CWS after preliminary review. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 3 OF 20 9. Prior to commencing any site work, the applicant must submit an erosion control plan as part of the PFI Permit. The plan must conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition). 10. Prior to commencing any site work, the applicant must submit a final grading plan showing the existing and proposed contours. The plan must detail the provisions for surface drainage and show that the site will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. The design engineer must indicate, on the grading plan, areas with natural slopes between 10 percent and 20 percent, as well as natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO FINAL INSPECTION: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION,ATTN:Jeremy Tamargo, Principal Engineer, (971) 713-0281 or TeremyT@tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 11. Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities must be constructed, completed and/or satisfied. 12. Prior to final inspection, the applicant must provide Autocad files and pdf files of the as-built drawings. SECTION III. BACKGROUND INFORMATION The 2035 Transportation System Plan (TSP) outlines the City's long-range plans for not only automobile and pedestrian traffic and circulation needs but also the need for non-motorized modes of transportation for regular commuting, as well as recreation. The Fanno Creek Trail is a regional multi-use path envisioned for connecting the West Hills of Portland, at the headwaters of Fanno Creek, all the way to the Tualatin River at Durham. To date many sections of the path network have been completed. There are however several significant gaps in the network within the City limits of Tigard. Project M-2 in the TSP has been identified to "complete gaps along the Fanno Creek multiuse path from the Tualatin River to Tigard Library and from Pacific Highway to Tigard Street." In addition to being a project of local concern, Metro's 2018 Regional Transportation Plan identifies existing and planned sections of the Fanno Creek Trail as a Bicycle Parkway on the Regional Bike Network Map. The Fanno Creek Trail is also designated as a Pedestrian Parkway on the Regional Pedestrian Network map. In partnership with the ODOT, the City is proposing the construction of three new sections of the Fanno Creek Trail. The proposed sections are located along or near alignments previously identified in the City of Tigard 2035 Transportation System Plan (adopted November 23, 2010). Multi-use Path Project M2 includes paths sections through the east end of Woodard Park, Fanno Creek Park, from the Tigard Library to SW Milton Court, and from SW 85th Avenue towards the Tualatin River. The proposed path segments will eliminate an existing gap between Tigard Street and downtown Tigard (the Woodard Park to Grant Ave segment), while the Library over Fanno Creek to Milton Court and 85th to Ki-A-Kuts bridge sections will provide more direct routes from the Tigard Library to Bonita Road, and south from Durham Road to the Tualatin River Bridge, and the city of Tualatin beyond. Proposed path sections, as well as the existing section within Fanno Creek Park, are largely undeveloped. Existing habitats range from mixed wetland and forested or shrub riparian at Woodard Park and Fanno Creek Park to mixed deciduous upland forest and grass meadow along the Tigard Library section.The Durham section begins in an area PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL,CONNECTIONS CPA PAGE 4 OF 20 of mowed lawn before passing through a narrow band of shrubby vegetation and across existing herbaceous wetland nearly to its intersection with the existing path between Cook Park and Durham City Park. Despite crossing or bordering these varied habitats, implementation of the project, as proposed, is not anticipated to result in significant habitat loss. The project related habitat improvements, including the enhancement of habitats along the alignment (following construction) and the project's proposed riparian and upland habitat mitigation area have been sited to maximize the potential for preserving existing forested habitats. Mitigation is proposed along both the Woodard and City Hall sections, and mitigation west of the proposed Tigard library alignment will augment Metro's ongoing efforts in the wooded areas on lot 1200,which is co-owned with the City of Tigard. Proposed Request: The proposed project includes approximately 7,350 feet (1.39 miles) of new and updated path, designed and constructed in accordance with regional, state, and national standards. The project will install a 12-foot wide paved path with one-foot wide shoulders except in specific areas where environmental constraints justify a narrower section. The project will also construct two (2) 14-foot wide bridges over Fanno Creek and elevated boardwalks, as needed, over wetlands,drainage ways, and natural areas. Specifically, the project will construct three sections of new path and upgrade a fourth section: 1. New path from Woodard Park to Grant Avenue 2. Replacement path from Ash Avenue to Hall Boulevard 3. New path from the Tigard library to Bonita Road 4. New path from 85th Avenue to the Ki-a-Kuts Bridge over the Tualatin River to the City of Tualatin A comprehensive plan amendment is requested to remove protection from a combined total of 1.13 acres of locally significant wetlands and City regulated vegetated corridors. The amendment is supported by an environmental, social, economic and energy (ESEE) analysis (Attachment 2). This comprehensive plan change will allow for the construction or improvement of portions of four separate path segments that would otherwise be prohibited from construction by the location of existing locally significant wetland and along Fanno Creek. The breakdown of impacts to significant resources is outlined in the following table. Regulated City Resource Woodard City Hall library Durham Total Areas (sq ft) (sq ft) (sq ft) (sq ft) (sq ft/acres) Locally Significant Wetland 1 Permanent Impacts 410 1 14,257 14,667 / 0.34 Temporary Impacts 17,517 17,517 / 0.40 Vegetated Corridors Permanent Impacts 7,460 3,122 9,671 14,178 34,431 / 0.79 Temporary Impacts 14,158 25,172 12,147 13,943 65,420 / 1.50 These path sections are critical infrastructure and will serve a dual purpose of fulfilling both public transportation and recreational facility needs. The path design and location are consistent with public feedback and prior siting concepts, and path layout and design. Additionally, the new path sections will provide for controlled access to areas it passes through, thereby reducing the introduction and use of rogue paths, which are common along several sections of the proposed path route. Project related planting efforts are also intended to reinforce planned and ongoing restoration efforts and help protect the wetland resources. This project will fill in key gaps on the Fanno Creek Regional Trail in Tigard and provide a safe, comfortable, enjoyable, and reasonably direct travel experience for citizens utilizing non-motorized transportation in Tigard and the region. The Fanno Creek Trail is the main north-south walking and cycling route in south Washington County, and is the parallel walking and cycling route to Interstate 5 and OR 217. It is identified as a Regional Trail in Metro's Regional Transportation Plan Regional Pedestrian and Bicycle Networks. However, its effectiveness as a transportation facility is currently significantly reduced by the many gaps and substandard areas of the path in Tigard. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 5 OF 20 SECTION IV. NOTICE AND COMMENTS FROM INTERESTED PARTIES The city sent notice of a Public Hearing to interested parties and posted the request on the city's website on April 7, 2021. All comments received are in support of the project. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The following summarizes the review criteria applicable to this decision,in the order in which they are addressed: Applicable Review Criteria 18.110 Residential Zones 18.130 Industrial Zones 18.140 Park and Recreation Zones 18.510 Sensitive Lands 18.420 Landscaping and Screening 18.740 Conditional Uses 18.910 Improvement Standards SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS The following subsections address only the approval criteria applicable to this decision. 18.110 RESIDENTIAL ZONES 18.110.020 List of Base Zones R-4.5: low-density residential zone. The proposed trail, listed as "Transportation/Utility Corridor" under Other Use Categories, is allowed conditionally in residential zones per Table 18.110.2. No other uses are proposed in this project. No development standards apply. 18.130 INDUSDRIAL ZONES 18.130.020 List of Base Zones I-P: Industrial Park Zone. The proposed trail, listed as "Transportation/Utility Corridor" under Other Use Categories, is allowed in industrial park zones per Table 18.130.1. No other uses are proposed in this project. No development standards apply. 18.140 PARKS AND RECREATION ZONE 18.140.030 Other Zoning Regulations The regulations within this chapter state the allowed uses and development standards for the base zone. Sites with overlay zones, plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as provided elsewhere in this title. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 6 OF 20 The proposed Trail, listed as "Transportation/Utility Corridor" under Other Use Categories, is allowed conditionally in the Parks and Recreation Zone per Table 18.140.1. However, footnote number five states multi-use trails are allowed. No base zone development standards apply. 18.510 SENSITIVE LANDS 18.510.040 General Provisions for Special Flood Hazard Areas All four path sections are located in the FEMA. 100-year Flood Zone,however,proposed path improvements are not structures as defined by this code section and, as such, this section is not applicable. 18.510.070 Sensitive Lands Applications. B. Within a special flood hazard area. 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations shall preserve or enhance the special flood hazard area 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; Due to the extent of regulated floodway along Fanno Creek large sections of the proposed trail will be located within floodway. Path sections within the floodway include the entirety of the Woodard Park and City Hall sections; the first 500 feet of the Library path beginning from its point of intersection with the existing library path; and the southernmost 500 feet of the Durham path. Though most of these sections typically include at-grade path, proposed structures within the floodway include two bridge crossings of Fanno Creek (one each along the Woodard Path and Library sections). The Woodard Park section also includes raised boardwalk, beginning west of the new bridge and extending to the path intersection at Grant Avenue, resulting in a total linear distance of approximately 490 feet of raised path. All such structures have been sited and designed to meet no-rise certification, as required. Documentation of compliance has been certified by a registered professional engineer and is included in a hydraulic design report, and associated addendum (Attachment I).The original report includes two additional bridges that were eventually eliminated from the City Hall path section;the addendum is associated only with the Woodard Park and Library bridges. Other landform alterations within the special flood hazard area for path and boardwalk construction will also preserve the storage function and comply with no rise requirements.These standards are met. 3. Land form alterations or developments within the special flood hazard area 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; Improvements within the special flood hazard area for path construction are proposed in areas zoned Industrial Park (I-P), Residential (R-4.5), and Parks and Recreation (PR). Proposed landform alterations are therefore allowed in the industrially zoned areas and, as the proposed path is a community service use,is also allowed in the residential zones. This standard is met. 4. Where a land form alteration or development is permitted to occur within the special flood hazard area it will not result in any increase in the water surface elevation of the 100-year flood; PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 7 OF 20 All proposed actions in the flood hazard area,including path and boardwalk construction and two bridge crossings of Fanno Creek, have been sited and designed to avoid any increase in the surface elevation of the 100-year flood. Confirmation that proposed actions will not result in an increase,and is located in the project's Bridge Hydraulic Design and Scour Assessment Detailed Report and associated amendment document. Both documents are included in Attachment I. This standard is met. 5. 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; The proposed project is a multi-use path, designated as Project M-2 in the City's 2035 Transportation System Plan (TSP) and is in compliance with the TSP.This standard is met. 6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; A wildlife habitat assessment (WHA) has been completed for each of the three new path sections located within the floodplain of Fanno Creek, to assess and record the quality of wildlife habitat in the vicinity of each trail alignment. A WHA was not completed for the City Hall section because all work will occur upon or immediately adjacent to the existing path alignment. Though the assessment is triggered by the proposed construction of path segments within the floodplain the WHA assessments were not limited to habitat areas within floodplain. The iterative design and review process, including review comments from CWS,Metro, the applicant, City of Tigard,local tribes, and the public have all informed the proposed alignment,which minimizes impacts to wildlife habitat, both plants and animals, to the extent practicable. This has been accomplished by limiting ground disturbance by constructing the path at grade where possible, thus limiting the extent of ground disturbing activities. Further minimization of habitat degraded was accomplished by the utilization of raised boardwalks and bridges,which allow for animal movement beneath the structure. The WHA of each site confirmed a measure of historic and ongoing habitat degradation typical for pockets of wildlife habitat in an urban area.Woodard Park represented the most constricted habitat area, the result of adjoining industrial uses to the north and residential lands to the south. Though direct comparison is not possible, habitat quality at Durham is likely significantly improved over the past decade, following restoration of native grassland in an area that had been farmed for decades prior. Habitat quality was highest in the vicinity of the proposed Library alignment where significant areas of riparian and upland forest have remained relatively undisturbed. These standards are met. 7. 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 Though only portions of the special flood hazard area meet wetland criteria and,therefore, require regulatory permits for proposed actions, a Joint Permit Application (JPA) for proposed impacts to jurisdictional wetlands will be submitted to both Oregon Department of State Lands (DSL) and the U.S. Army Corps of Engineers (Corps). The applicant has been working with CWS to receive pre-application feedback and approval for proposed impacts to regulated vegetated corridor (VC). A full Site Assessment has been provided to CWS and the applicant has responded to CWS' review comments, as part of the requirement for receipt of a Service Provider Letter (SPL). This standard is met. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 8 OF 20 8. Where landform alterations and/or development are allowed within and adjacent to the special flood hazard area, the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area 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 special flood hazard area in accordance with the adopted pedestrian/bicycle pathway plan. The proposed project is identified in the City's 2035 TSP as Multi-use Path Project M-2 and has been designed in compliance with both Tigard's TSP and the Tigard Greenways Trail System Master Plan (2011). With the master plan, both the Woodard Park and Durham trail sections were designated as high priority, with the Library section designated as a medium priority.As the project is a multi-use path envisioned to aid in completing the Fanno Creek Regional Trail, additional dedication of lands within the special flood hazard area is unnecessary. This standard is met. C. With steep slopes. 1. Compliance with all of the applicable requirements of this title; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; No ground disturbing activities more than those necessary to construct the path, including bridge and boardwalk elements, are proposed. 3. 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; Mapped steep slopes located at the east end of the Woodard section are associated with existing roadway fill embankment. A raised boardwalk at that location will minimize the need for ground disturbance as the boardwalk will approach Grant Avenue at existing sidewalk grade. The proposed bridge crossing of Fanno Creek east of the City Library will be sited in an area of mapped steep slopes. Slopes of more than 25 percent are associated with the channel of Fanno Creek and the proposed bridge is designed to completely span the creek. To protect the bridge abutments, as well as restore a more natural stream cross-section, the project includes a cut back of the over-steepened upper banks, which will also reduce loading on the exposed bank. Associated grading above the ordinary high water line of Fanno Creek is intended to decrease the potential for future erosion of the upper portion of the creek bank and adjoining floodplain above ordinary high water. This standard is met. 4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet or high water table; high shrink-swell capability; compressible or organic; and shallow depth-to-bedrock; and The boardwalk at the east end of the Woodard section and the bridge over Fanno Creek east of the City Library have both been designed for structural stability relative to their proposed locations. Though the footings of the Fanno Creek bridge will be subject to inundation above the two-year flood elevation, the footings will be protected well below the design scour elevation. This standard is met. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 9 OF 20 5. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in compliance with CWS "Design and Construction Standards". All areas of temporary encroachment into regulated corridors will be replanted in compliance with CWS standards. This standard is met. E. Within wetlands. 1. Compliance with all of the applicable requirements of this title; 2. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the comprehensive plan special flood hazard area and wetland map nor is within the vegetative corridor as provided in "Table 3.1 Vegetative Corridor Widths" and "Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards," for such a wetland; Both the Woodard to Grant Avenue and 85th to Kia Kuts Bridge (Durham) sections include proposed land form alterations and development within designated significant wetland and its adjoining VC. These impacts will be addressed as required by Section 18.510.100 Plan Amendment Option. Impacts to the northern extent of two wetlands not designated as significant are proposed for the section of at-grade path between Woodard Park and a proposed bridge over Fanno Creek. Impacts to regulated VC associated with wetlands not designated as significant will also be necessary. This standard is met. 3. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; Permanent and temporary land form alterations have been limited to the minimum area required for construction of a multi-use path that is both functional and safe to use. This includes minimizing the width of the paths, boardwalks, and bridges when necessary to limit the project footprint. Project design also included a detailed analysis of multiple site access and constructability scenarios to minimize the need for access routes or construction staging areas. Despite the proximity to wetlands along all path sections, permanent and temporary impacts have been completely avoided for two of the four proposed path sections.This standard is met. 4. Any encroachment or change in on-site or off-site drainage that would adversely impact wetland characteristics have been mitigated; Permanent wetland impacts will be mitigated through the purchase of wetland credits from one of the two wetland mitigation banks with service areas that encompass the Tigard area.This standard is met. 5. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with CWS "Design and Construction Standards"; Compliance with Washington County's Surface Water Management program is affirmed within the project storm water report (Attachment 1). The project will also be constructed in compliance with CWS' current design and construction standards. Confirmation of CWS compliance will be provided in the CWS Service Provider Letter, which will be provided to the City. This standard is met. 6. All other sensitive lands requirements of this chapter have been met; PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 10 OF 20 All sensitive lands requirements have been met, as detailed through prior responses to Section 18.510.070.This standard is met. 7. The necessary U.S.Army Corps of Engineers and State of Oregon Land Board,Division of State Lands, and CWS approvals must be obtained; A Joint Permit Application (JPA) for proposed impacts to jurisdictional wetlands will be submitted to both DSL and the Corps. A full Site Assessment will be provided for CWS review, as part of the requirement for receipt of a SPL. This standard is met. 8. Physical limitations and natural hazards, special flood hazard area and wetlands, natural areas, and parks, recreation and open space policies of the comprehensive plan have been met The project includes no known physical limitations, and no conflicts with natural hazards or natural areas are anticipated. Compliance with special flood hazard areas is affirmed in the findings associated with Chapters 18.510.040 (General Provisions for Special Flood Hazard Areas) and 18.510.070(B) (Sensitive Lands Applications for actions within the special flood hazard area). Compliance with wetland policies is detailed in the findings of Chapters 18.510.050 (General Provisions for Wetlands), 18.510.070(E) (Sensitive Lands Applications for actions in wetlands), and 18.510.080 (Locally Significant Wetlands).The proposed use is a multi-use path and as such follows parks,recreation and open space policies. This standard is met. 18.510.080 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.510.100. The subject property includes locally significant wetlands that are identified as locally significant wetlands on the City of Tigard "Wetlands and Stream Corridors" map and are, therefore, protected. The applicant has applied for the Plan Amendment Option in Section 18.775.130 to remove Goal 5 protections from 1.13 acres of significant wetlands to allow the proposed trail. 18.510.100 Plan Amendment Option A. Comprehensive plan Amendment. Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands and/or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal.The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards." The applicant shall demonstrate that such an amendment is justified by either of the following: B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. The applicant has chosen to demonstrate the amendment is justified through an ESEE analysis, rather than a demonstration that the wetlands are not significant. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL.CONNECTIONS CPA PAGE 11 OF 20 The applicant submitted an ESEE analysis dated 2-09-21 (Attachment 2 of Application) prepared in accordance with OAR 60-23-040, to justify removal of Goal 5 protection from 1.13 acres of significant wetlands on the subject property. 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planning Area; As described in the ESEE analysis, the applicant has considered the ESEE consequences of allowing the conflicting use, in this case the three trail sections, and considered the impacts on the specific resource site as well as other comparable sites within Tigard. As described in the applicant's analysis, the consequences of allowing the proposed conflicting use provide a net positive benefit to the resource through enhancements and the controlled access to the resource area. Since the proposal is specific to filling is specific gaps to an existing trail, no other comparable sites exist within the Tigard Planning Area. This standard is met. 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; As outlined in the ESEE report, from an economic perspective,trails can increase property values,increase tourism, and entice companies, which create jobs, to relocate to areas near trails. Trails have been shown to have direct, indirect, and induced economic benefits. Trails can benefit physical and mental health, which can in turn reduce medical costs. From an economic standpoint, limiting the conflicting uses will have a net positive economic impact. The economic effects resulting from limiting the conflicting uses and bridging the gaps can be viewed from the direct economic effects, the indirect economic effects, and the induced economic effects resulting from trail construction. The direct economic effects include those resulting from the direct spending by consumers. This includes expenditures such as equipment (e.g. bicycles) necessary to use the trail and includes the money spent by tourists using the trail. Metro cites the previously mentioned study from South Carolina,where a bike shop saw a 20 percent annual increase in sales resulting from the construction of a nearby trail. Numerous studies across the country have shown an increase in tourism in relation to trail use, including a $12 million annual increase in recreation dollars associated with trail use in Virginia. In the Portland area, bicycling tourism and activities generate $89 million in annual economic activity. Indirect economic benefits cited include the increase in home values in areas in close proximity to trails. Other indirect economic effects include the economic benefits realized from local suppliers of recreational trail equipment, such as bicycles, buying equipment or supplies from other businesses.The indirect benefit of trails is also related to the medical savings realized from commuters and recreationists using trails. In a 2004 study the annual cost of using trails was determined to be $209 ($59 for construction and maintenance, $150 for equipment and travel). The annual medical benefit for using the trails was estimated to be $564. The cost-benefit ratio from using trails was 2.94,which translated into every$1 invested in trail for physical activity resulted in $2.94 in direct medical benefit. It has been estimated that an increase in trail walking from an average of almost 35 minutes every week to 150 minutes every week can reduce illness related costs by up to $5.3 million annually. Induced economic effects refer to the increase in buying power from employees or those benefiting from the trail and their increased consumer spending. Negative economic consequences associated with limiting the conflicting use include the annual costs of maintaining the trails and the initial costs of its construction, though short-term benefits are seen from increased construction-related employment. This standard is met. 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning Area that can meet the specific needs of the proposed use; The greater portion of the Fanno Creek Trail has been constructed and in place for several decades; the existing path sections define the locations where remaining connections must be completed. Current conditions between PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAM CONNECTIONS CPA PAGE 12 OF 20 existing gaps provide both pedestrian and bicycle route options for connectivity. These connections however lack reasonably direct routes and cannot provide a sufficient level of service for increased use (that is the existing path and/or on-street routes cannot facilitate mixed use travel that is safe for cyclists and pedestrians, and where required, motorists). One of the greatest difficulties in assessing path alignments that meet the needs of the proposed use is the fact that there are no buildable lands upon which the path could be constructed; the options are limited to the utilization of "unbuildable lands" or `built' lands. Lands adjoining the existing and proposed path sections are nearly fully developed; there are simply no unbuilt areas that lack sensitive areas, as defined by the City of Tigard. This standard is met. 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; The Project Team for the Comprehensive Plan Amendment and ESEE Analysis includes Shawn Eisner, Project Manager and Natural Resource Specialist with Pacific Habitat Services; John van Staveren, Professional Wetland Scientist (PWS) and President of Pacific Habitat Services; and Lynda H. Wannamaker, environmental and land use planner and President of Wannamaker Consulting, Inc., all of whom are qualified and experienced in the preparation of a Goal 5 ESEE analysis. This standard is met. 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" shall be amended to remove the site from the inventory. On approval of this request, the ESEE analysis will be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map"will be amended to remove the sites from the inventory. 18.420 LANDSCAPING AND SCREENING 18.420.030 General Provisions A. All required trees must meet the city's Urban Forestry Manual (UFM) standards as follows: 1. Street trees must meet the street tree planting and maintenance standards in UFM Section 2 and street tree soil volume standards in UFM Section 12; 2. Parking lot trees must meet the parking lot tree canopy standards in UFM Section 13; and 3. All other trees must meet the tree canopy site plan requirements in UFM Section 10, Part 2. An Urban Forestry Plan was prepared/approved by Morgan Holen, a Certified Arborist/ Tree Risk Assessor. The Plan is included in Attachment S. Section one and two above do not apply as this is a trail project. This standard is met. 18.420.040 Landscaping Standards A. Landscaping standards are provided in Table 18.420.1. Landscaping standards must be met as required by the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. B. Landscaping or other areas used to meet the minimum landscape area standard must be provided on site and may be met by any combination of the following: 1. Landscaping, including parking lot landscaping, that meets the L-1 or L-2 landscaping standard; 2. Landscaping that meets the S-2, S-3, or S-4 screening standard as provided in Table 18.420.2 where required by the applicable development standards chapter; or 3. Other areas as specified by the applicable development standards chapter. There is no minimum landscape area standard for a trail use. These standards do not apply. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 13 OF 20 18.420.060 Tree Canopy Standards A. Site tree canopy standards, which are stated as a percentage of effective tree canopy cover for an entire site, are provided in UFM Section 10, Part 3, Subparts N and O. Parking lot tree canopy standards are provided below. The Project is considered non-residential development and a minimum 33 percent effective tree canopy cover is required for the overall development site. No new trees are proposed as part of the Urban Forestry Plan because the existing trees provide more than the minimum canopy cover that is required. Because the trail sections span such a large area 63 percent of the site will already have tree canopy coverage,which exceeds the minimum required. This standard is met. B. An urban forestry plan is required to demonstrate compliance with site and parking lot tree canopy standards and must meet the requirements of UFM Sections 10 through 13. An urban forestry plan must: 1. Be coordinated and approved by a project landscape architect or project arborist, i.e. a person that is both a certified arborist and tree risk assessor, except that land partitions may demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; 2. Demonstrate compliance with UFM tree preservation and removal site plan standards; 3. Demonstrate compliance with UFM tree canopy and supplemental report standards and provide the minimum effective tree canopy cover; 4. Demonstrate compliance with parking lot tree canopy standards, where applicable, by providing the minimum effective tree canopy cover of 30 percent for all parking areas, including parking spaces and drive aisles. Only the percentage of tree canopy directly above parking areas may count toward meeting this standard; and 5. Include street trees where right-of-way improvements are required by Chapter 18.910, Improvement Standards. a. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet.When the result is a fraction, the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. b. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer. c. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. Tree protection fencing and other root protection measures are to be utilized. The disturbed areas adjoining the sides of the trail will be seeded to provide a safety corridor for good views and surveillance. The land managers of each parcel (Metro and Tigard) have long term restoration planting goals for each site that will be restored using appropriate plant materials and spacing to support the various habitats as well as provide good visual access for safety. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 14 OF 20 Of the 487 inventoried trees, 302 are planned for retention. The effective tree canopy cover is 63 percent of the overall development area. As conditioned these standards are met. 18.740 CONDITIONAL USES 18.740.050 Approval Criteria The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: A. The characteristics of the site are suitable for the proposed use considering size, shape,location, topography, and natural features; The purpose of the proposed project is to fill in gaps in the existing regional trail system in three path sections and to upgrade an existing fourth section of the trail. The path section in Fanno Creek Park is an existing approved use proposed for upgrades and this section is, therefore, not applicable. The remaining three project path sections, which connect other existing trail sections, are in corridors appropriate for path construction. The path is proposed to be sited largely on public lands, with some construction proposed on a few private parcels located in the central and eastern portions of the Woodard Park section where path easements already exist. The path alignment follows existing grade where possible, to limit ground disturbance and reduce construction costs. The alignment and design take existing natural features into consideration, avoiding path construction in the sensitive areas,wherever possible, and limiting impact, by alignment, implementation or design when impacts were not avoidable. This standard is met. B. The operating characteristics of the proposed use are reasonably compatible with surrounding properties,public facilities, or sensitive lands with regard to noise,vibration, air quality, glare, odor, and dust; As the proposed project is a multi-use path, use of the path will result in an increased human presence in all areas. This is by design as the intent of the project is to provide a relatively direct, off-street option for increased bicycle and pedestrian traffic through and within Tigard. The properties adjoining the existing and proposed path sections are either already subject to similar levels of noise and/or human presence or are unlikely to be negatively impacted by the increased presence of human activity due to the relative proximity of the proposed path alignment to adjoining land uses. The Woodard section will begin within existing park boundaries, crossing residentially and industrially zoned parcels to the east. Ongoing industrial uses to the north will be unaffected by trail users, and residential land to the south will be separated from the new path by at least 100 feet of mixed wetland, forested riparian area, and Fanno Creek. The closest residence to the south stands about 200 feet from the proposed path. The path already exists in Fanno Creek Park along the City Hall section so increases in path usage are unlikely to be noticed by anyone except other park users. Like conditions along the proposed Woodard Park section, lands to the north of the path in Fanno Creek Park are industrial, and there is significant separation between the path and residential areas to the south. The Library section will begin at a new intersection with an existing path located north and east of the library. Though this will be an entirely new section of path, its alignment will provide a much more direct route through and across the City and Metro owned parcels than a series of informal, rogue paths that provide seasonal passage from Hall Boulevard to Milton Court. The Durham section of path will roughly follow a narrow rogue footpath that has existed in the area for many years. The alignment will be sited just west of existing railroad embankment, providing a connection between two existing popular paths that provide access to Cook Park to the west. The proposed paths are not intended to contribute to concerns regarding vibration, air quality,glare, odor, and dust, though use of the path as an alternative to utilizing motor vehicle transport should have some beneficial effect on area air quality. This standard is met. C. The physical characteristics of the proposed development are reasonably compatible with surrounding properties,public facilities, or sensitive lands with regard to building height, location, and orientation; PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 15 OF 20 The proposed path generally consists of an at-grade, or just above existing grade, cross-section. It has been sited and designed to follow existing grade where possible. Where necessary to limit impacts to existing wetland, or to facilitate path construction where at-grade sections were not feasible, raised boardwalks will be utilized. Additional structures include bridge construction at two necessary crossings of Fanno Creek. Where the larger, engineered elements were necessary, they have been designed and sized to provide a functional structure to facilitate years of safe use. The bridges and boardwalks include architectural elements that maintain conformity with existing City path structures.The path alignment has sought to minimize impacts to sensitive lands wherever possible.This standard is met. D. Any adverse impacts from the proposed development or use are mitigated to the extent practicable Mitigation for a project total impact of 0.34 acres of wetland will be mitigated through the purchase of wetland credits from the Butler wetland mitigation bank, which is located about 1.75 west of Tigard City limits. The total acreage of wetland that will be mitigated through the purchase of bank credits (0.30 acre) is smaller than the footprint of impacts to City of Tigard Significant Wetland because the use of footings beneath the boardwalk proposed along the Durham path section results in a permitted footprint of fill that is smaller than the City regulated area;the state and federal footprint of fill is associated with the footings only,whereas the City's footprint of impact to significant wetland has been calculated according to the full length and width of the boardwalk. Though wetland mitigation will not occur in the vicinity of project impacts, all vegetated corridor mitigation will occur within riparian areas or forested upland immediately adjoining the project corridor. Enhancement of over 9.6 acres of existing riparian and upland forest will be provided to mitigate for approximately 0.79 acres of project related encroachments to City regulated vegetated corridor, and 1.5 acres of CWS regulated corridors. The enhancement area total is in addition to the enhancement/restoration of all temporary vegetated corridor impacts, which account for another 1.2 acres of plantings. The applicant will utilize a mitigation option with CWS that allows for the fulfillment of mitigation and enhancement requirements via payment to CWS, who will then complete the mitigation and enhancement efforts,including monitoring and maintenance. This standard is met. E. The proposed development is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable; The proposed project is specifically designed and sited for the purpose of pedestrian and bicycle access, safety, and connectivity. This standard is met. F. The proposed development complies with all applicable standards and requirements of this title, except where an adjustment has been approved or the approval authority has determined that a more restrictive development or design standard is necessary to address issues of compatibility or walkability; and The Fanno Creek Trail project will comply with all required and applicable standards.The authorization of approval for path construction through significant wetlands has been sought through the completion of an Economic,Social, Environmental, and Energy analysis. This standard is met. G. Adequate public facilities are available to serve the proposed use at the time of occupancy. This project includes no public facilities, this finding does not apply. 18.910 IMPROVEMENT STANDARDS. 18.910.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 16 OF 20 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. The site plan shows stormwater is separate and independent of any sanitary sewerage system. Each of the four path sections are located wholly or partially on public land. Surface water is not carried across any intersection or allowed to flood any street. Surface water drainage patterns are shown on the development plan. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. Each of the four path sections are located wholly or partially on public land. Path easements were obtained or modified for the crossing of commercial and residential properties along the central and eastern portions of the Woodard Park trail section. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and the City Engineer shall approve the necessary size of the facility, based on Clean Water Services requirements. Culverts are not proposed or deemed necessary to accommodate an upstream drainage area. D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in compliance with Clean Water Services requirements. A preliminary hydraulics report and stormwater management plan was submitted with the Land Use Application. The preliminary report shows the project will meet the no-rise requirement. The development is not anticipated to have impacts on the downstream drainage system. As noted in the preliminary stormwater report, "Since the project is within the floodplain and within an area of high groundwater, meeting the hydromodification requirements are not feasible." Water quality will be addressed for each trail segment to the extent feasible. For segments where water quality or hydromodification are not feasible, the trail segments qualify through CWS standards (CWS 4.03.7) for the option of payment of a fee-in-lieu of constructing stormwater management facilities. This criterion is met with the following conditions of approval: Prior to commencing any site work, the applicant must submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained for review and approval. The storm drainage report must be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. Prior to commencing any site work, the applicant must obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans must be submitted to the City of Tigard for review. The City will forward plans to CWS after preliminary review. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 17 OF 20 Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities must be constructed, completed and/or satisfied. 18.910.150 Installation Prerequisite A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the city,permit fee paid, and permit issued. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement. The permit fee shall be set by council resolution. These criteria are met with the following conditions of approval: Prior to commencing any site work, the applicant must submit a Public Facility Improvement (PFI) Permit to cover all infrastructure work including stormwater (water quality and quantity facilities) and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans must be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including-but not limited to street. street grading,utilities, stormwater quality and water quantity facilities. sanitary sewer, streetlights, and franchise utilities are required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water improvement must be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement Permit plans must conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). Improvements associated with public infrastructures including street and right-of-way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connections must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Tualatin Valley Fire and Rescue (TVF&R) Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines Prior to commencing any site work, the applicant must provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application and must include the vehicles of all suppliers and employees associated with the project. 18.910.170 Plan Check A. Submittal requirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance.All such plans shall be prepared in compliance with requirements of the city. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 18 OF 20 These criteria are met with the following condition of approval: Improvements associated with public infrastructure and stormwater facilities including street and right-of-way dedication, utilities,grading,water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review,modification, and approval. 18.910.190 City Inspection of Improvements Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Requirements for City Inspection will be coordinated during PFI Permitting. Prior to final inspection, all improvements associated with public infrastructure and stormwater facilities must be constructed, completed and/or satisfied. Prior to final inspection, the applicant must provide Autocad files and pdf files of the as-built drawings. SECTION VI. OTHER STAFF COMMENTS The City Police Department reviewed the proposal and has no objections to it. The City Public Works Department was notified of the proposal and did not provide comment. SECTION VII. AGENCY COMMENTS Oregon Department of Fish and Wildlife (ODFW)were notified of the proposal but provided no comment. Oregon Department of Land Conservation and Development (DLCD), Oregon Division of State Lands (DSL),Washington County, and Metro were notified of the proposal but provided no comment. SECTION VIII. ANALYSIS AND RECOMMENDATION ANALYSIS: As shown in the analysis above, the applicant's ESEE analysis addresses the requirements of the Tigard Development Code, Chapter 18.510 Sensitive Lands. The subject property contains locally significant wetlands protected under Goal 5 safe harbor. The applicant has applied for a quasi-judicial comprehensive plan amendment under a Type IV procedure. The application is based on a specific development of three new trail connections and improvements to a fourth section. The applicant has demonstrated that such an amendment is justified by an ESEE analysis consistent with OAR 660-23-040. The ESEE analysis concludes that limiting the conflicting use to the proposed trails would result in the most positive consequences of the three decision options. A decision to limit the conflicting use will avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting uses. Through the application of site design and development standards to conflicting uses, the impacts on the significant wetland further can be minimized, and the remaining resource can be enhanced. There will be a relatively high level of economic, social, environmental and energy benefits achieved. Limiting the conflicting use offers the most benefit to the wetland (through controlled access and enhancement) and to the community (transportation corridor for all and education opportunities), and it strikes a balance between conflicting uses and regional transportation goals. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 19 OF 20 RECOMENDATION As demonstrated by the findings above, the Planning Commission by a unanimous vote in-favor of the proposed Comprehensive Plan Amendment, Conditional Use Permit, and Sensitive Lands Review complies with the applicable Statewide Planning Goals, applicable regional, state and federal regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances and can be approved subject to certain conditions of approval detailed in Section II. Therefore, the Planning Commission recommends that the City Council adopt by ordinance the proposed Comprehensive Plan Amendment, thereby removing 1.13 acres from the significant wetlands inventory described in the "Tigard Wetland and Stream Corridor Map" through the public hearing process. Attachments: Attachment 1: Site Maps Attachment 2: Applicant's ESEE Analysis Attachment 3: City of Tigard Engineering Department,Memorandum dated May 20. 2021 PREPARED BY: Monica Bilodeau Associate Planner May 20. 2021 APPROVED BY: Tom McGuire Assistant Community Development Director PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA2021-00001 FANNO CREEK TRAIL CONNECTIONS CPA PAGE 20 OF 20 Economic, Social, Environmental, and Energy Consequences Analysis (ESEE) Fanno Creek Trail Woodward Park Bonita Road / 85th Avenue Tualatin Bridge Project in Tigard, Oregon Prepared for City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Prepared by John van Staveren Shawn Eisner Pacific Habitat Services, Inc. Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Project Number: 5854 February 9, 2021 4k TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 1.1 ESEE Analysis Requirements 2 1.2 Existing Local Protections 3 2.0 SITE DESCRIPTIONS 4 2.1 Woodard Park Path Section 4 2.2 City Hall Path Section 4 2.3 Library Path Section 5 2.4 Durham Path Section 5 3.0 SIGNIFICANT WETLAND AND VEGETATED CORRIDOR IMPACTS 6 3.1 Significant Wetlands 6 3.2 Vegetated Corridors 9 3.3 Descriptions of the Conflicting Use 11 4.0 SITE SPECIFIC ESEE ANALYSIS 13 4.1 Economic Consequences 14 4.2 Social Consequences 16 4.3 Environmental Consequences 17 4.4 Energy Consequences 18 5.0 CONCLUSIONS AND RECOMMENDATIONS 19 5.1 Decision 20 APPENDIX A: Figures 1.0 INTRODUCTION The Fanno Creek Trail is a regional multi-use path that will connect the West Hills of Portland, at the headwaters of Fanno Creek, to the Tualatin River at Durham. It is a regional trail in Metro's Regional Transportation Plan Regional Pedestrian and Bicycle Networks. As a transportation facility, the efficiency of the trail is reduced by the gaps and substandard areas of the trail within the City of Tigard(City). In partnership with the Oregon Department of Transportation (ODOT), the City is proposing to construct three new sections of the Fanno Creek Trail. The proposed sections are located along or near alignments previously identified in the City's 2035 Transportation System Plan (adopted November 23, 2010)2. The proposed trail segments will eliminate an existing gap between Tigard Street and downtown Tigard(the Woodard Park to Grant Avenue segment, while the Tigard Library to Milton Court and the SW 85th Avenue to the Ki-A-Kuts Bridge (Durham) sections will provide more direct routes from the Library to Bonita Road, and south from Durham Road to the Tualatin River Bridge, and the City of Tualatin. Sections of the proposed path require construction within two Locally Significant Wetlands (LSW) as well as vegetated corridors associated with significant wetlands and with Fanno Creek (Statewide Planning Goal 5 resources). As construction within these features is not allowed without an approved Comprehensive Plan Amendment, the City is pursuing an amendment to remove 0.34 acres of wetland in and around the area of two path sections from the Local Wetland Inventory3 and to remove 0.79 acres of vegetated corridor. These actions will remove the land from sensitive lands protections as provided by Tigard Development Code (TDC) 18.510.100. The following table itemizes where both permanent and temporary impacts to sensitive lands will be required for implementation of the project. Proposed Path Section Woodard City Hall Library Durham Total (sq ft) (sq ft) (sq ft) (sq ft) (sq ft/acres) Locally Significant Wetland Permanent Impacts 410 14,257 14,667/0.34 Temporary Impacts 17,517 17,517 /0.40 Vegetated Corridors Permanent Impacts 7,460 3,122 9,671 14,178 34,431 10.79 Temporary Impacts 14,158 I 25,172 12,147 I 13,943 65,420 / 1.50 Impacts to existing vegetated corridors will be required for each of the four path sections, though impacts to Locally Significant Wetlands will only be required in one small and hydrologically isolated wetland at the east end of Woodard Park, and in a second, larger wetland located at the south end of the City,near Durham and east of Cook Park. The exclusion areas are planned to be utilized for the development of new and upgraded sections of the Fanno Creek Trail. Though improvements to the existing path in Fanno Creek Park(the 2014 Regional Active Transportation Plan(Metro,2014) 2 2035 Transportation System Plan(City of Tigard,2010) 3 City of Tigard Local Wetlands Inventory Wetlands Assessment(Fishman Environmental Services, 1994) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 1 City Hall section) will be comprised solely of trail widening, including some shoulder work, each of the other three sections, Woodard Park, Library to Milton Court, and Durham will include at-grade path construction as well as raised structures, including boardwalks and/or bridges. Each trail sections represent critical transportation and park infrastructure, consistent with both the City of Tigard Transportation Plan and guiding principles for outdoor recreation. The City of Tigard comprehensive plan chapter,Parks, Recreation, Trails and Open Spaces identifies the importance of"a Citywide network of interconnected on- and off-road pedestrian and bicycle trails." As described in the Plan Amendment Option section(TDC 18.510.100), the Code allows applicants to impact significant wetlands and City -regulated vegetated corridors if the amendment is justified under one of two options. The first option is to conduct an Economic, Social, Environmental, and Energy(ESEE) analysis that considers the consequences of allowing the proposed conflicting use. The second option, which is specific to wetlands only, is to demonstrate the wetland's "insignificance." Pacific Habitat Services, Inc. (PHS)reviewed the significance thresholds included in the City of Tigard's Local Wetlands Inventory3 and determined that the quality of the wetlands do warrant their significance designation. As such, the Applicant is submitting an ESEE analysis in accordance with the necessary comprehensive plan map amendment via a Type-III procedure. This report is the ESEE analysis that examines the consequences of potential alternatives regarding a conflicting use impacting previously documented and protected significant lands in Tigard. This ESEE analysis has been prepared in accordance with applicable provisions of Statewide Planning Goal 5 (Goal 5) and the Goal 5 Rule (OAR Chapter 660, Division 023). 1.1 ESEE Analysis Requirements The analysis is based on the targeted removal of two wetland areas and several sections of vegetated corridor. The project will impact two locally significant wetlands (one completely and the other partially), where the proposed path will extend into City-designated significant Goal 5 resources. The resources include a small emergent wetland north of Fanno Creek in Woodard Park (Significant Wetland E-5), and a portion of a larger wetland near Durham that drains to Fanno Creek within the floodplain of the Tualatin River(significant Wetland F-25). Impacts to vegetated corridor will also be necessary along the project corridor. These include impacts in riparian areas between Woodard Park and Grant Avenue, in Fanno Creek Park, east of the Tigard Library, and along portions of the eastern boundary of Wetland F-25. In addition to removal of protection for permanent impacts, removal is also required for temporary impacts to both wetlands and vegetated corridor, to facilitate project implementation and construction. The Goal 5 ESEE analysis involves evaluating the trade-offs associated with different levels of natural resource protection. As required by the Goal 5 rule, the evaluation process involves identifying the consequences of allowing, limiting, or prohibiting conflicting uses in areas containing significant natural resources. Specifically, the rule requires the following steps: ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 2 • Identify conflicting uses—A conflicting use is "any current or potentially allowed land use or other activity reasonably and customarily subject to land use regulations that could adversely affect a significant Goal 5 resource." [OAR 660-023-0010(1)] • Determine impact area—The impact area represents the extent to which land uses or activities in areas adjacent to natural resources could negatively impact those resources. The impact area identifies the geographic limits within which to conduct the ESEE analysis. • Analyze the ESEE consequences—The ESEE analysis considers the consequences of a decision to either fully protect natural resources; fully allow conflicting uses; or limit the conflicting uses. The analysis looks at the consequences of these options for both development and natural resources. • Develop a program—The results of the ESEE analysis are used to generate recommendations or an"ESEE decision." The ESEE decision sets the direction for how and under what circumstances the local program will protect significant natural resources. 1.2 Existing Local Protections The four path sections will cross through several zoning designations. Woodard Park, Fanno Creek Park, and lands from the Library to Milton Court are within Tigard's Parks and Recreation (PR) zone. The central and eastern portions of the Woodard alignment as well as the Durham path section both pass through residential and industrial zoned areas, though impacts to the wetland at Durham will only occur in the low-density residential zone(R4.5). Each zone classification defines permitted and prohibited uses, as well as development standards including setbacks and building height restrictions. Sites with overlay zones,plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Conditional uses are subject to a Type-III review, and development in or near sensitive lands trigger review under the City's Sensitive Lands chapter (18.500). Sensitive lands are defined as lands potentially unsuitable for development because of their location within: • The 100-year floodplain or 1996 flood inundation line, whichever is greater. • Natural drainageways. • Wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Department of State Lands or are designated as significant wetland on the City of Tigard"Wetland and Stream Corridors Map". • Steep slopes of 25% or greater and unstable ground; and • Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map." The Sensitive Lands chapter outlines the permitted and regulated activities and uses within sensitive lands, as well as defines the review and approval processes for development considerations based on the type and intensity of the impact. The chapter further outlines processes for requests for variances or plan amendments. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 3 2.0 SITE DESCRIPTIONS 2.1 Woodard Park Path Section Woodard Park is located in the northwest portion of Tigard. The project vicinity, like that of each of the four path sections, lies within the Fanno Creek sub-watershed of the Lower Tualatin Watershed. Fanno Creek flows generally west to east in this vicinity, with the proposed path requiring a bridge crossing of Fanno Creek about mid-way along the new section. The proposed Woodard Park to Grant Avenue section(Woodard Park) of the Fanno Creek Trail begins near the east end of Woodard Park and continues as far east as Grant Avenue (Figure 1A). Woodard Park, in the vicinity of the proposed path extension, is characterized by scattered Oregon white oak and Oregon ash trees with an understory generally comprised of mowed lawn grasses, though some groupings of trees include a native shrub layer, with mixed native and non-native herbaceous species. To the east of the park, the character of vegetation along the proposed path alignment includes unmowed grassy areas dominated by common pasture and non-native grasses and weeds. Riparian cover along the north bank of Fanno Creek is dominated by native tree and shrub species but noxious weeds, such as Himalayan blackberry and English ivy, are also quite common. The proposed alignment will impact portions of three separate wetlands, but only the small, westernmost one is a designated significant wetland. The new path alignment begins within Woodard Park,but must also cross several privately owned parcels between the park and Grant Avenue. Woodard Park is comprised of several parcels, consisting of approximately 19 acres between SW Tiedeman Road to the northwest and SW Walnut Street to the south. Impacts to significant wetlands are limited to a single small wetland(410 square feet/0.01 acre) near the eastern limits of the park (Wetland E-5). Impacts to vegetated corridor include 14,158 square feet of temporary impact for construction access and excavation within the floodplain, and 7,460 square feet of permanent impacts associated with the section of path within Woodard Park and the bridge crossing of Fanno Creek. 2.2 City Hall Path Section The City Tigard(Figure 1B). The project corridor includes an existing paved path. Lands to the north include light industrial and government uses, with residential properties south of the park, about 250 to 300 feet from the southern project boundary. Fanno Creek Park is crossed by the meandering channel of Fanno Creek, as well as existing sections of the Fanno Creek Trail. The riparian area along Fanno Creek remains largely forested and includes a diverse mix of native deciduous and evergreen trees. The understory is similarly dominated by native species, though Himalayan blackberry is common in some areas. Proposed path improvements will avoid impacts to existing wetlands located on both sides of the path. Due to the paths proximity to several significant wetlands and Fanno Creek, impacts within City regulated vegetated corridor(including the Fanno Creek riparian corridor and significant wetlands buffers) are proposed. Impacts to vegetated corridor include 25,172 square feet of temporary impact (to facilitate project implementation only) and 3,122 square feet of permanent impacts associated with path widening. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 4 2.3 Library Path Section The Tigard Library path section begins just east of the point where the current southern terminus of the Fanno Creek Trail reaches the Tigard Public Library (Figure 1 C). This section begins at the west bank of Fanno Creek at the location of a former farm bridge crossing and then traverses along a berm that likely provided vehicular and/or farm access across the Fanno Creek floodplain from lands to the east. The berm is vegetated primarily with Himalayan blackberry and English hawthorn(Crataegus monogyna), though Oregon ash, Oregon white oak, and black cottonwood/ balsam poplar(Populus balsamifera) are common in the floodplain adjoining the berm. The proposed alignment then passes out of the floodplain and across a meadow dominated by common pasture and lawn grasses. The southern half of the Tigard Library to Bonita Road section is a mixed oak, ash, Douglas fir(Pseudotsuga douglasii) forest that continues to the northern terminus of SW Milton Court. An active railroad line abuts the eastern/northeastern boundary of this section. The proposed alignment will impact portions of three separate wetlands, but only the small, westernmost one is a designated significant wetland. The first 550 feet of new path behind the Library will be located on City property. Beginning east of the City parcel, to a point about 450 feet north of Milton Court, the land is co-owned with Metro. The path then crosses a Metro owned parcel and back onto a small City parcel adjoining the Milton Court cul-de-sac. Impacts to regulated areas are located where the path crosses Fanno Creek, east to a point 50 feet east of Significant Wetland E-20. Impacts to vegetated corridor include 12,147 square feet of temporary impact(to facilitate trail and bridge construction) and 9,671 square feet of permanent impacts associated with path widening. 2.4 Durham Path Section The alignment of the proposed 85th Avenue to Ki-a-Kuts Bridge (Durham)path section is located between two sections of existing multi-use paths that begin in Cook Park. The new section will begin at a west bend in the existing alignment south of SW 85th Avenue and continues south to a second path that leads either west to Cook Park, or east and then south to either Durham City Park or to Ki-A-Kuts Bridge over the Tualatin River(Figure 1D). The proposed path alignment is located within former farmland that has in the last decade been under restoration as a native wet meadow. The wetland restoration area is approximately 20 acres in size, with the new path proposed near the eastern wetland boundary. The wetland is dominated by native herbaceous vegetation, but also includes tree saplings and shrubs. The eastern wetland boundary is generally forested, with the proposed path avoiding impacts to the forested areas where possible. The eastern limits of the wetland are defined in large part by a structural embankment associated with a Portland and Western Railroad line, which this path segment will parallel for most of its alignment. The Durham path section will extend an existing path section that begins at the southern terminus of SW 85th Avenue, continuing south from a point where the existing path turns west towards Cook Park. The new path will continue a distance of approximately 1,425 feet to a new planned intersection with the existing path connecting Cook Park to Durham City Park(to the east). Though the proposed boardwalk and at-grade path sections will be constructed up and out ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 5 of the wetland where feasible, the linear distance of the path within wetland along this section's alignment approaches 1,000 feet. The Durham path section will cross portions of three parcels owned and managed by Clean Water Services (CWS) (Tax Map 2S 114DA, Lot 100; Tax Map 2S 114AD, Lot 100; and Tax Map 2S 113B, Lot 600), though wetland impacts will largely be located on lot DA 100, and the very southeast corner of lot AD 100. The total area of impacts to significant wetlands is 14,161 square feet(0.33 acres). The impacts are 2,782 square feet along a proposed section of boardwalk, 10,327 square feet for at-grade path sections, and an additional 1,052 square feet for grading at the new trailhead/intersection with the Durham City Park to Cook Park trail. It should be noted that permanent wetland fill to construct the boardwalk is limited to 369 square feet for boardwalk footings; the balance of 2,413 square feet accounts for the full width of the boardwalk, regardless of the footprint of regulated area for which state and federal fill permits are required. Impacts to vegetated corridor include 13,943 square feet of temporary impact (primarily to facilitate construction access) and 14,178 square feet of permanent impacts associated with path and boardwalk construction. 3.0 SIGNIFICANT WETLAND AND VEGETATED CORRIDOR IMPACTS 3.1 Significant Wetlands In 1994, the City of Tigard contracted with Fishman Environmental Services (FES) to prepare its Local Wetland Inventory (LWI). Expanding upon a wetlands inventory previously completed by another firm4, FES developed an approach for completing the Goal 5 inventory and conducting the ESEE analyses that identified stream corridor segments as resource units. The study was completed in 1994 and approved by DSL in 1997. It is the basis for the adopted "Wetlands and Streams Corridors Map". Each path section is located in the vicinity of one or more wetlands, though impacts are only required to locally significant wetlands along two of the four sections, as outlined below. Woodard Park includes several wetlands5, some designated as significant (Wetlands E-4, 5, 40 and 41) and others not (Wetlands E-46 and 59). All wetlands delineated within the vicinity of the Woodard Park path section have the designation of E-5, but only the western two of five wetlands that comprise E-5 are designated as Locally Significant. This wetland was designated as Wetland B in the project's wetland delineation report but for the balance of this report will be referenced as Wetland E-5. The remaining wetlands in the park are west of the proposed project area and are not identified on project figures. The significant wetland proposed for impact by the proposed path includes the smallest of the five wetlands that comprise E-5. Of the wetlands currently identified within Woodard Park in the current Tigard Local Wetlands Inventory, only E-41 was identified in the 1994 report (and at that time it was designated as E-4). The difference between the 1994 inventory and existing mapping reflects the process of LWI updates, which occurs each time a wetland is delineated and obtains 4 Wetland Inventory and Assessment for the City of Tigard,Oregon(Scientific Resources,Inc., 1989) 5 Tigard Maps;Interactive Maps.haps://maps.tigard-or.gov/Html5Viewer/Index.html?viewer=PublicAdvanced ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 6 concurrence from the Oregon Department of State Lands. As Wetland E-5 was not identified at the time of the 1994 inventory, its significance determination occurred at another date, and is not documented in the state approved LWI. Like Woodard Park, Fanno Creek Park, where the City Hall path section is located, also includes several wetlands6. Unlike the Woodard Park section, all of the wetland along the City Hall path are designated as significant. Wetlands adjoining the alignment include E-6, 9, 10, 11, 12, and 13. These wetlands also include project specific labeling designations. None of the wetlands are proposed for impact for project implementation; path improvements will occur along the existing alignment and proposed widening, where required, will avoid wetlands in the vicinity. The Library Path section begins west of Fanno Creek, and though crossing the creek is necessary, the proposed alignment will avoid both wetlands identified near the proposed path. Wetland E-20 is mapped across the entirety of the Fanno Creek floodplain east of Hall Boulevard. The wetland is locally significant but is not as expansive as mapped for the local wetland inventory. The delineation completed for the project confirms that proposed path section from the Library east and across the floodplain can be constructed without impacts to E-20. The only other wetland near the alignment is E-21, a very small wetland located west of Milton Court and more than 50 feet from the proposed alignment. The Durham path section will cross through an area of wetland located south of the existing path to Cook Park. The wetland is designated in online mappings as F-25, though the 1994 LWI report identifies the feature as F-26. The wetland was designated as Wetlands N and 0 in the project's wetland delineation report. For the balance of this report, the wetland will be referenced as F-25. This wetland was designated as significant as part of the 1994 analysis, though its significance designation predates current conditions, as the inventory would have occurred while the wetland was still being farmed. Though wetland boundaries as depicted on the City's Wetlands and Streams Corridors Map are believed to reflect boundaries as identified during prior delineations, these delineations would have been many years old. As such, a more recent wetland delineation has been completed by PHS. This delineation was approved by the Oregon Department of State Lands (DSL) on January 10, 2019. The report has not yet been reviewed by the U.S. Army Corps of Engineers (Corps)but will be as part of the permit application review process. As required by Tigard's development code, a land use application for the development of three new sections of the Fanno Creek Trail, and improvements to a fourth section is necessary. The submittal includes a Type-III Conditional Use Permit and Sensitive Lands Review. In addition to the project narrative, and discussion of applicable sections of City code, additional analyses submitted as part of the land use application include a wetland delineation, natural resources assessment, stormwater report, geotechnical report, and no-rise certification. Project figures (Figures lA through 1D; in Appendix A) show the location of all wetlands as well as regulated vegetated corridors adjoining each path section. Both locally significant and 6 Tigard Maps;Interactive Maps.https://maps.tigard-or.gov/Html5Viewer/Index.html?viewer—PublicAdvanced ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 7 non-significant wetlands are shown. To facilitate differentiation, these wetlands are mapped in difference hatch patterns. Wetlands within or immediately adjoining the project corridor are identified both with the unit and identification number from the current Local Wetlands Inventory(as available on Tigard Maps) as well as the wetland code designated as part of PHS' 2018 delineation efforts. The limits of vegetated corridors regulated by the City are designated on enclosed project figures by a blue line identified as the"Tigard Riparian Corridor". As the boundaries of corridors regulated by CWS differ from those of the City,the Figure 1 set also includes the CWS regulated resources,which are identified by plant community type and condition. As noted above,the more recent wetland work completed by PHS assigned a unique wetland code that is different than that of the Tigard Local Wetlands Inventory. In comparing the older data from the LWI to the more recent PHS delineation from 2019, Wetland E-5 (from the LWI) includes Wetlands A through F, and F-25 is coincident with Wetlands N and O. The following information is specific to the wetlands where path construction is proposed. Wetland E-5—The smallest wetland delineated in Woodard Park(designated as Wetland B in the delineation report) is a small(410 square foot)herbaceous wetland dominated by mixed lawn grasses and weedy forbs; primarily annual bluegrass and white clover(Figure 1A). It is located on a subtle slope north of Fanno Creek. The wetland is located in an actively utilized portion of Woodard Park and is regularly mowed. The Cowardin classification is palustrine emergent, seasonally saturated(PEMY). The hydrogeomorphic (HGM) classification is Slope. Wetland E-5 is located even higher above Fanno Creek, and as it is located in an area of lawn it offers no greater benefit to water quality of flood storage than the adjoining uplands. The proposed limits of removal constitute the entirety of Wetland E-5 (as identified on Figure 1B) and will remove 410 square feet(0.01 acre) from the City's Local Wetland Inventory Map. Wetland F-25, as shown on Figure 1D constitutes the eastern limits of wetlands located within former agricultural lands located between Cook Park, to the west, and a railroad right-of-way (ROW). This wetland is identified as Wetland F-26 in the original LWI report and mapping but is identified as F-25 on LWI mapping available on Tigard Maps online. CWS acquired the property for expansion of an existing wastewater treatment facility located north of the study area. As the southern limits of the property were not suitable for development, CWS has begun restoring a native wet prairie;therefore,the wetland is primarily herbaceous. The project area, however, includes only the eastern limits of the wetland,which includes a forested component. The forested wetland transitions to an upland forest that covers the lower limits of the railroad embankment that defines the eastern limits of the project area. The forested portions of wetland are dominated by Oregon ash with Douglas and English hawthorn. Dominant understory species include rose, snowberry,mixed grasses, shortscale sedge and fragrant fringecup. In the herbaceous portions to the west and south dominant species include meadow foxtail, Kentucky bluegrass and spike rush, with scattered shrubs and saplings,primarily Douglas' meadowsweet and Oregon ash, also present. Existing Cowardin classes in F-25 include forest, shrub and herbaceous components,with forested and herbaceous most prevalent. At the time of the LWI (1994)the Cowardin classification was palustrine emergent, farmed(PEMf). Currently, much of the emergent south-central portion is ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 8 seasonally flooded(PEMC),whereas the southeast limits appear to remain saturated only wetland (PEMY). The HGM classification of both areas is Slope/Flats. The on-site extent of this wetland totals approximately an acre and a half. The wetland has moderate to low functionality for pollutant or nutrient filtering or removal because the primary water sources are direct precipitation and groundwater,which include few pollutants. The proposed limits of removal for this wetland constitute a corridor of land along the eastern boundary of Wetland F-25 (as identified on Figure 2D) and will remove approximately 14,161 square feet(0.33 acres) from the City's Local Wetland Inventory Map. Table 1 below provides summary data from the Tigard Local Wetlands Inventory of the quality (functions) for wetland F-25 and our best professional judgement based on our knowledge of the wetland for E-5.No site-specific functional assessment was conducted for E-5 as part of the inventory process. The functional assessment below is based on the data collected during the wetland delineation and on our extensive knowledge of the inventory and functional assessment process. Table 1 Functions of locally significant wetlands proposed for impact re a 0 4.). I+ a, A- o o Dk, e'Qa c a. p '" c s.. 0 m �- 3x x a � a �u a W Q E-5 0.01 L NA L L L L L L L F-25 10.1 M NA H L L L L L M H=High FM=Moderate L=Low NA=Not assessed Conflicting areas include 0.34 acres of significant wetland; 0.01 acre of an isolated wetland at the east end of Woodard Park (E-5); and 0.33 acre of wetland (F-25) along the Durham section (85th Avenue to Ki-A-Kuts Bridge). Of the impact at Durham approximately 2,400 square feet is not fill but results from removal from protection because of the boardwalk through and above the wetland. Additional temporary impacts to the Durham wetland are discussed in the land use application but are not addressed here as protections are not to be removed. Although both wetlands are categorized as locally significant, in reality, their functions are generally low and will be easily offset through the purchase of credits from a local wetland mitigation bank. 3.2 Vegetated Corridors Due to the proximity of each path section to Fanno Creek and/or locally significant wetlands, the project corridors associated with the project include a significant area of City regulated vegetated corridors (VC). The regulated limits of these resource areas are identified on the Figure 1 graphic set,which also includes the location of vegetated corridors regulated by CWS. The difference between the two jurisdictions is largely due to the fact that non- significant wetlands do not include vegetated corridors at the City level. CWS also only requires corridors 25 feet wide adjoining wetlands less than one-half acre in size, whereas a 50 foot corridor is required by the City if locally significant. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 9 Resources with 50 foot wide vegetated corridors regulated by the City that will be impacted by the project include the following: - Woodard Park—Wetland E-5 (two locally significant portions) and Fanno Creek - City Hall—Wetlands E-9, 11, 12, & 13 and Fanno Creek - Library—Wetland E-20 and Fanno Creek - Durham—Wetland F-25 Vegetated corridor plant communities vary from managed areas of lawn to predominantly native forested. The managed areas are limited to within Woodard Park itself, immediately along the path in Fanno Creek Park along the City Hall alignment, and the north end of the Durham section. These areas are predictably dominated by mixed grass species and weedy forbs, with frequent mowing limiting diversity and the presence of woody species. By comparison, forested areas along each alignment are generally comprised of native species, though the presence of Himalayan blackberry and English ivy, as well as the predominance of non-native or invasive herbaceous species is quite common. The most common tree species is Oregon ash, which makes up nearly 45 percent of the overall tree cover. The next seven tree species combined make up less than 40 percent cover; with birch, black cottonwood and Douglas fir being the next most common. The lands adjoining either the forested or herbaceous extremes are predictably dominated by transitional communities, such as mixed shrub and tree communities with generally less tree canopy and more herbaceous cover than the densely forested riparian areas. The shrub layer is predominantly native in character, but commonly includes Himalayan blackberry and/or English hawthorn. Also common are unmaintained, predominantly herbaceous or low growing shrub communities. These areas often lack trees, with any canopy cover provided by taller shrubs or trees adjoining the community. As a result of increase disturbance, these areas generally don't exceed about 10 percent native cover, with significant cover by invasive species. The balance is generally composed of common lawn and pasture grasses and weedy forbs Each of the proposed path alignments has been selected to minimize its impact on vegetated corridors. There are, however, necessary wetland, creek and VC crossings, to facilitate the new (or widened)path sections. Project related improvement impacts include not only the limits of the path itself, but its associated shoulders, bridges and boardwalks, as well as pedestrian overlooks, seating areas, and improved path intersections. Though paths can be approved as an allowed use within vegetated corridors when certain parameters are met, such as when crossing directly from one side of the VC to the other, or for paths not exceeding 10 feet in width, necessary alignments and the proposed path width of 12 feet along new sections do not meet such allowances. The combined area of all permanent encroachments resulting from the four path sections is 34,431 square feet (0.79 acre). In order to account for site access and constructability, an additional 65,420 square feet (1.50 acres) of temporary encroachments are proposed. It is anticipated that the entirety of the identified temporary encroachment area will not be impacted,but in order to provide sufficient access for the project contractor, a construction corridor in excess of the path width was presumed along most of the alignment. Upon conclusion of path construction all access routes will be removed and all areas of temporary encroachment revegetated to restore impacted areas to good ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS ft 5854 Page 10 condition. A breakdown of the area of encroachment by path section is included in the following table. Table 2. Proposed Vegetated Corridor Encroachments Path Section Permanent Encroachment(sf) Temporary Encroachment(sf) Woodard Park to Grant Avenue 7,460 14,158 Ash Avenue to Hall Boulevard I 3122 25,172 Tigard Library to Bonita Road 9,671 I 12,147 85th Avenue to Ki-a-Kuts Bridge I 14,178 I 13,943 3.3 Description of the Conflicting Use An important step in the ESEE analysis is identifying conflicting uses that "exist or could occur" within regionally significant resource areas and identified in the impact area. The Goal 5 Rule (OAR 660-023-0010) defines conflicting uses as follows: (1) "Conflicting use"is a land use, or other activity reasonably and customarily subject to land use regulations, that could adversely affect a significant Goal 5 resource(except as provided in OAR 660-023-0180(l)(b)). Local governments are not required to regard agricultural practices as conflicting uses. The Goal 5 Administrative Rule (OAR 660-023-0040) describes how conflicting uses are identified: (2) Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal 5 resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. The following shall also apply in the identification of conflicting uses: A) If no uses conflict with a significant resource site, acknowledged policies and land use regulations may be considered sufficient to protect the resource site. The determination that there are no conflicting uses must be based on the applicable zoning rather than ownership of the site. (Therefore,public ownership of a site does not by itself support a conclusion that there are no conflicting uses.) B) A local government may determine that one or more significant Goal 5 resource sites are conflicting uses with another significant resource site. The local government shall determine the level of protection for each significant site using the ESEE process and/or the requirements in OAR 660-023-0090 through 660-023-0230 (see OAR 660-023-0020(1)). As discussed above in Sections 2.1 through 2.4, only one type of conflicting use is under consideration for the construction of portions of the Fanno Creek Trail. The actual impacts will be from at-grade path and associated boardwalks and bridges. The impacts are necessary in order to address gaps in the trail, while also minimizing wetland and vegetated corridor impacts. The construction of the trail itself is allowed outright within the underlying PR zone (Wetland E-5 and vegetated corridors in Woodard Park, and along the City Hall and Library alignments) and as ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS ft 5854 Page 11 a Conditional Use in residential and industrial zones along the Durham path and the eastern portion of the Woodard section. The primary purpose of the Fanno Creek Trail project is to complete several gaps in the trail network within the Tigard city limits. The trail is part of a regional multi-use path envisioned for connecting the West Hills of Portland, at the headwaters of Fanno Creek, to the Tualatin River at Durham. Although many sections of the path network have been completed, there are several gaps within the Tigard city limit. The project is referred to as Project M-2 in the City's TSP. That report identifies the purpose of the trail as to "[c]omplete gaps along the Fanno Creek multiuse path from the Tualatin River to Tigard Library and from Pacific Highway to Tigard Street." In addition to being a project of local concern, Metro's 2018 Regional Transportation Plan identifies existing and planned sections of the Fanno Creek Trail as a Bicycle Parkway on the Regional Bike Network Map and as a Pedestrian Parkway on the Regional Pedestrian Network map. One of that report's bicycle policies (#2) states "Complete an interconnected regional network of bicycle routes and districts that is integrated with transit and nature and prioritizes seamless, safe, convenient and comfortable access to urban centers and community places, including schools and jobs for all ages and abilities." The report emphasizes how "a well- connected bicycle network does not have gaps and is comfortable and safe for people of all ages and abilities." This policy is almost the same as the policy for the regional pedestrian network. A completed trail will have multiple benefits. The City's 2035 TSP describes how traffic congestion has consistently ranked as the number one issue facing Tigard in community attitude surveys and the City is committed to finding solutions to this issue. Multi-modal trails are being constructed all across the country to provide an alternative to traffic by gas-powered vehicles. As stated in the 2035 TSP: The built environment makes major roadway expansions costly to construct. At the same time that these costs rise, competition is high for scarce transportation funding resources. There is also a greater awareness of the negative impacts that come from creating an environment geared toward reliance on personal automobile travel. There is growing concern about greenhouse gas (GHG) emissions as well as dependency on foreign oil and rising fuel costs. Reliance on automobile travel instead of active transportation, such as walking and cycling, is also one culprit in the rise of obesity, including among children. While there are myriad strategies to combat these issues, a critical role for transportation is the provision of a balanced, multi-modal transportation system. There are several strategies listed in the 2035 TSP that are consistent with the purpose and goals of the Tigard Greenway Trail System Master Plan. The strategies that apply to a completed trail system include: • Create a more complete network of pedestrian facilities by prioritizing gaps within the current sidewalk and trail system. Tigard Greenways Trails System Master Plan(Kittelson&Associates,Alta Planning+Design,2011) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 12 • Develop pedestrian and bicycle corridors to neighborhoods, schools,parks, recreation users, activity centers, and transit stops. • Prioritize pedestrian, and bicycle investments in areas serving high proportion of disadvantaged or transit dependent communities. • Fill in gaps in the bicycle network to provide for greater citywide bicycle mobility. • Develop bicycle routes that connect neighborhoods, schools, parks, recreation users, and activity centers. • Develop a bicycle signage program to help cyclists find routes on relatively level terrain with low vehicle traffic volumes. The completion of the trail system will require the removal of 0.34 acres of significant wetland from the City's Local Wetland Inventory, which represents approximately 1.14% of the total significant wetlands within the City. The trail system will also impact vegetated corridors. The combined area of all permanent encroachments into vegetated corridors resulting from the four path sections is 34,431 square feet (0.79 acre). There will also be an additional 65,420 square feet(1.50 acres) of temporary encroachments to allow for construction access. The removal of the significant wetland area and the vegetated corridor area will allow the construction of an at- grade trail and boardwalk through the two wetlands and the completion of the regional trail system through the City that has been designated as both a regional pedestrian parkway and a bicycle parkway, satisfying several policies of City and regional transportation plans. 4.0 SITE SPECIFIC ESEE ANALYSIS This section discusses the Economic, Social, Environmental and Energy(ESEE) impacts to the relevant portions of the two subject wetlands for the following three alternative protection scenarios: • Prohibit conflicting uses providing full protection of the resource site. o The action to prohibit the conflicting use would prevent development actions that conflict with, or degrade, Significant Goal 5 Natural Resources. This scenario emphasizes resource protection. • Limit conflicting uses while offering limited protection of the resource site (balance development and conservation objectives). o The action to 'limit conflicting uses'within the context of this ESEE Analysis is defined as allowing the limited impacts to the wetlands sufficient to be able to complete the gaps at two distinct locations. • Allow conflicting uses fully with no local protection for the resource site. o The action to allow conflicting uses is to allow the development of the full range of permissible uses noted in the underlying Parks and Recreation(PR) zone,which includes such amenities as playgrounds,picnic areas, shelters, ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 13 structures, sport courts and fields and other related items, and the R4.5 zone, which includes low density residential development. 4.1 Economic Consequences The following describes the economic consequences for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) The economic consequences of prohibiting conflicting uses could potentially be profound. If the result of full protection is that the gaps in the trail remain, the regional trail network envisioned by Metro and the City would not be realized. It is true that some pedestrians and active users of the trail system could potentially use the native ground to bridge the gaps, but the trail network would not be open to bicyclists of every capability and would not be useable for those with mobility difficulties. Difficulty in traversing sections of the trail could preclude its use by commuters, who could choose to use their vehicles instead of the trail to travel from their homes and work. Numerous studies point to the economic benefits of trails. A study from New York8 found that the public investment in building and maintaining trails outweighed the revenue they bring to a community. They noted that trails increase the value of nearby properties and boost spending at local businesses. Trails make communities more attractive places to live and, when considering where to move, homebuyers rank walking and biking paths as one of the most important features of a new community. Metro', in a 2016 fact sheet, cites how trails result in lower transportation costs and how, in 2005, the greater Portland region saved$1.1 billion per year on gas and other automobile- related expenses. It also points to how trails can increase property values when in close proximity to trails. The property values of homes within a half mile of a regional trail in Indianapolis were worth $13,059 more than those located farther than 0.5 miles from the trail. Studies in Seattle,Denver, Minnesota, and other communities found that proximity to trails increased property values by between 1.0% and 6.5%10 Trails can influence business location and relocation decisions because companies often choose to locate in communities that offer a high level of amenities to employees as a means of attracting and retaining top-level workers. Trails can make communities attractive to businesses looking to expand or relocate both because of the amenities they offer to employees and the opportunities they offer to cater to trail visitors. Metro, in its 2016 fact sheet, cites a study from South Carolina where a trail was constructed connecting two communities. Businesses within the two communities found that tourists using the trail increased their business by up to $7 million a year. 8 Greenways and Trails—Bringing economic benefits to New York(New York Parks and Conservation Association, July,2018) 9 Trails:building blocks for healthier,wealthier communities(Metro,2016) 10 Benefits of Trails and Greenways(National Park Service,2008) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 14 Trails reduce medical costs by encouraging exercise and other healthy outdoor activities. People are more likely to exercise if they have recreational facilities close to their homes. Trails provide low or no-cost recreation to families relative to other recreational services that could be provided by government. These benefits represent an economic return on the money invested in trail projects. As such, prohibiting the conflicting use would avoid a relatively modest capital construction expenditure by the City for the costs of the trail sections and for ongoing maintenance, but the economic benefit of completing the gaps would outweigh these relatively small costs. Limit Conflicting Uses (limited Drotection) From an economic standpoint, limiting the conflicting uses will have a net positive economic impact. The economic effects resulting from limiting the conflicting uses and bridging the gaps can be viewed from the direct economic effects, the indirect economic effects, and the induced economic effects resulting from trail construction'1 The direct economic effects include those resulting from the direct spending by consumers. This includes expenditures such as equipment (e.g. bicycles) necessary to use the trail and includes the money spent by tourists using the trail. Metro cites the previously mentioned study from South Carolina, where a bike shop saw a 20% annual increase in sales resulting from the construction of a nearby trail. Numerous studies across the country have shown an increase in tourism in relation to trail use, including a $12 million annual increase in recreation dollars associated with trail use in Virginia. In the Portland area, bicycling tourism and activities generate $89 million in annual economic activity.12 Indirect economic benefits cited include the increase in house values in areas in close proximity to trails. Other indirect economic effects include the economic benefits realized from local suppliers of recreational trail equipment, such as bicycles, buying equipment or supplies from other businesses.13 The indirect benefit of trails is also related to the medical savings realized from commuters and recreationists using trails. In a 2004 study14 the annual cost of using trails was determined to be $209 ($59 for construction and maintenance, $150 for equipment and travel). The annual medical benefit for using the trails was estimated to be $564. The cost-benefit ratio from using trails was 2.94, which translated into every $1 invested in trail for physical activity resulted in $2.94 in direct medical benefit. It has been estimated that an increase in trail walking from an average of almost 35 minutes every week to 150 minutes every week can reduce illness related costs by up to $5.3 million annually'. Induced economic effects refer to the increase in buying power from employees or those benefiting from the trail and their increased consumer spending. 11 The Economic Impact of Greenways and Multi-Use Trails(McDonald,John,and Brown,Lauren 2015) 12 2014 Regional Active Transportation Plan(Metro,2014) 13 Economic Impact of Recreational Trail Use in Different Regions of Minnesota(Venegas,E.2009) 14 A Cost-Benefit Analysis of Physical Activity Using Bike/Pedestrian Trails(Wang,G., et al.,2004) 15 A Tool for Estimating the Health Benefits of Outdoor Recreation in Oregon-Honors Baccalaureate of Science in Natural Resources project(Dunn,T.2018) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 15 Negative economic consequences associated with limiting the conflicting use include the annual costs of maintaining the trails and the initial costs of its construction, though short- term benefits are seen from increased construction-related employment. Allow Conflicting Uses for local protection The economic consequences of allowing conflicting uses are mostly negative. Allowing most of the permissible uses from the underlying PR and R4.5 zones would result in degraded wetland functions and values, require a capital expenditure for the City and private construction, on-going management, and related and required mitigation. The benefit of allowing the conflicting uses are a short-term boost for construction and its related benefits, which would not be in balance with the required mitigation and ongoing costs of infrastructure maintenance. 4.2 Social Consequences The following describes the social consequences (recreation, community involvement, health benefits, education, etc.) for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) In a broader context,prohibiting the conflicting use would have local, if not regional social consequences. Like the economic benefits, the social benefits of trails are well documented. Trails serve as meeting places and foster community involvement and pride, and due to their linear design, provide an opportunity for people of different socioeconomic and ethnic backgrounds to interact.16 Trails help build partnerships between various groups, such as companies, advocacy groups, and communities. A complete trail will ensure that passive recreation opportunities like bird watching or environmental learning would be unhindered and accessible for all. People with limited mobility would still be able to enjoy portions of the trail, but the connectivity between communities or habitat types would be restricted if the conflicting use were prohibited. The Washington Recreation and Conservation Office directed the preparation of a study looking at the economic, environmental, and social benefits of recreational trails17. This study looked at health benefits of trails, include mental health. Benefits can arise for trail users from exposure to natural environments. Most trails, even trails through more developed areas, allow for some level of exposure to nature, which can reduce stress, provide for better sleep, reduce depression and anxiety, and lead to greater happiness. The study concluded that the effects of the trail proved to reduce absenteeism, increase productivity, and lower health costs for Washingtonians. The value of trails from a social perspective is demonstrated by research that shows quality of life is an important factor in businesses' and workers' location-choice decisions. In Washington, knowledge-focused industries, such as technology companies, were found to 16 The Social,Health,and Heritage Benefits of Trails(GoforGreen,2000) 17 The Economic,Environmental,and Social Benefits of Recreational Trails in Washington State(ECONorthwest, 2018) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 16 prioritize quality of life when choosing where to locate and expand. Companies that want their location to reflect their corporate culture place a higher value on quality of life for their selected location. Companies see the social benefits of locating in close proximity to trails, such as allowing their workers to exercise during breaks, and providing opportunities to experience the mental health benefits of being in nature, to socialize with co-workers, and even to commute via a trail. These would not be realized if the conflicting use were prohibited. Limit Conflicting Uses (limited protection) The social consequences of limiting the conflicting uses in Wetland E-5 and F-25 and adjacent vegetated corridors are positive. Limiting the conflicting uses will provide significant social benefits in the form of direct exposure to all trail users, including those with limited mobility. A complete trail will provide health (physical and mental) benefits. It has been documented that people who live near trails walk on average 15 to 30 minutes more per day than those who live in neighborhoods with fewer trails or other ways to get around without a car. Although trails themselves do not provide significant environmental benefits, they act to engage the community with the natural environment, which can allow for land use policy decisions that benefit protecting open spaces. Trails also provide opportunities for educational experiences as they are viewed as outdoor classrooms and are often used as tools to promote environmental education. Having people outside and experiencing nature can create a society that is more likely to take the steps needed to protect our environment and ensure greater community interaction and an increased quality of life. Outdoor education and other passive recreation opportunities, such as bird watching, can occur uninterrupted by eliminating the gaps in the trail. Allow Conflicting Uses (no local protection) The social consequences of allowing the conflicting uses are mixed. The PR zoning would allow for the development of additional park amenities,but the amenities will likely not be in keeping with the environment or the social benefits that a trail provides. Allowing the conflicting uses in the R4.5 zone will definitely be at odds with the social benefits that a trail can provide, which include community involvement, access to nature, and physical and mental health benefits. 4.3 Environmental Consequences The following describes the consequences to water quality, hydrologic control, wildlife habitat (as well as other relevant factors) for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) The environmental consequences of prohibiting the conflicting uses are mixed. The City's Development Code aims to protect significant wetlands by not allowing direct impacts to them, but indirect impacts are already happening due to trail users traversing the gaps in the trail. Trail users create several trails in locations where no defined trail exists. Limiting the users to a defined and controlled location will limit the area of impact. The wetland functions ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 17 provided by the two wetlands is low for all functions and values, except that F-25 provides medium wildlife habitat. Limit Conflicting Uses (limited protection) Limiting the conflicting use to the two gaps in the trail and using Oregon's Removal-Fill Law, which is administered by the Oregon Department of State Lands (DSL) and Section 404 of the Clean Water Act, which is administered by the US Army Corps of Engineers (Corps)would have positive consequences. Both the Corps and DSL require an alternatives analysis to demonstrate that impacting the wetlands is unavoidable, but both require mitigation when avoidance is impracticable. Mitigating, which will likely be through the purchase of credits at a wetland mitigation bank, ensures there will be compensation for lost wetland functions and values. DSL requires that before a mitigation bank can be used to compensate for proposed impacts, a series of Principal Objectives for wetland mitigation must be met(OAR 141-085-0680(2)). These Principal Objectives include requirements such as ensuring the replacement of lost functions and values and providing local replacement of locally important functions and values. Both wetlands currently provide mainly lower quality functions and values. As such, it can be argued that limiting the conflicting use would allow for a higher quality mitigated wetland as compensation. It should be noted that although the trail will impact Wetland F-25, approximately 2,400 square feet of the impact is not from at-grade fill but results from the construction of a boardwalk through and above the wetland. This boardwalk will impact the wetland but will ensure that hydrologic connectivity within the wetland will remain. As such, limiting the conflicting use, at least in this area, will not result in complete loss of wetland function. Allow Conflicting Uses for local protection The environmental consequences of allowing many of the permissible conflicting uses of the underlying PR and R4.5 zones are generally negative. Mitigation for impacting the wetlands will likely result in improved functions and values elsewhere,but the actual impacts to both wetlands resulting from allowing the conflicting use would likely have indirect impacts to both wetlands and the surrounding environment. Measures, such as boardwalk construction, would likely not be used to diminish the severity of the impacts. 4.4 Energy Consequences The following describes the energy consequences (transportation connectivity, efficient urban development, etc.) for each of the three protection scenarios. Prohibit Conflicting Uses (full protection) The energy consequences of prohibiting conflicting uses would be negative. A complete trail will ensure that some commuters can use the trail to travel from their home to their work or for social interactions. As stated previously, in 2005 it was estimated that trails in the Greater Portland area save $1.1 billion per year on gas and other auto-related expenses. This energy savings would not realistically be realized without a completed frail system. Limit Conflicting Uses (limited protection) ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 18 The energy consequences of limiting the conflicting use to constructing the path and boardwalk would be positive. Closing the gaps in the trail will open the entire trail to commuting or travelling between communities, which can save energy costs. It has been estimated that over 18% of all trips are made by walking and by bicycle within the Portland area. This percentage can increase with a network of trails that connect communities. The City's 2035 TSP describes how traffic congestion has consistently ranked as the number one issue facing Tigard in community attitude surveys and the city is committed to finding solutions to this issue. Multi-modal trails are being constructed all across the country to provide an alternative to gas-powered vehicular traffic. Allow Conflicting Uses (no local protection) The energy consequences of allowing the conflicting uses in the PR and R4.5 zones are mixed. Allow the conflicting uses in the PR zone will result in a complete trail, which has positive energy consequences, though could also result in the installation of recreational amenities, such as playgrounds, shelters, and structures. Those recreational users are not energy efficient. Allowing conflicting uses in the R4.5 zone will not be compatible with energy efficiency. Although construction techniques and designs can be energy efficient, overall, the long-term effect will be negative. 5.0 CONCLUSIONS AND RECOMENDATIONS The following summarizes the anticipated impacts of the three alternatives related to the conflicting use: Prohibiting the conflicting use would avoid a relatively modest capital construction expenditure by the City for the costs of the boardwalk and at-grade trail sections, and from on-going maintenance of the trail. It is likely, however, that prohibiting the conflicting use will result in degradation of the two already lower quality wetlands from trail users choosing to traverse the gaps themselves. Although the gaps will not be accessible to some commuters and for people with limited mobility, the wetlands will be used by those still wanting to make the connections. There will also be a loss of other benefits that a trail provides, including economic benefits (e.g. revenue increase from trail connection, lower health care costs) and social (health benefits realized from trail use). Limiting the conflicting use will ensure that the benefits from a regional trail are fully realized. The completion of the trail will also meet local and regional transportation goals and fulfill long-term community vision for the completion of the trail system. There is a relatively large pool of data to document the economic, social, and energy benefits of trail use. From an economic perspective, trails can increase property values, increase tourism, and entice companies, which create jobs, to relocate to areas near trails. Trails have been shown to have direct, indirect, and induced economic benefits. Trails can benefit physical and mental health, which can in turn reduce medical costs. Trails can serve as conduits for community involvement and engagement. Passive educational opportunities are best served by a complete trail system. Increased trail use by commuters can reduce congestion, energy use, and the contributing factors of climate change. Limiting the conflicting use would result in the loss of 0.34 acres of wetland, the permanent impact to 34,431 square feet (0.79 acre) of ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 19 vegetated corridor and an additional 65,420 square feet (1.50 acres) of temporary encroachments to allow for construction access. The encroachments will also result in lost functions and values of wetlands and vegetated corridors being mitigated, ensuring no net of both resources. Although both wetlands are categorized as locally significant, in reality, their functions are generally low and will be easily offset through the purchase of credits from a wetland mitigation bank that ensures replacement of locally important functions and values. Allowing most of the permissible uses from the underlying PR zone would not only further deteriorate the wetland resources and the surrounding environment, but the relative costs would be high for capital construction, mitigation, and on-going management. The development of non-resource-oriented amenities will likely not fit within the context of the land surrounding the trail sections. 5.1 Decision This analysis concludes that limiting the conflicting use will result in the most beneficial consequences of the three protection scenarios for the City. A decision to limit the conflicting use will avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting use,but more importantly will allow benefits to be realized. There is a wealth of data available documenting the economic, social, and energy benefits that can be realized from an efficient trail system. It is true too, that although limiting the conflicting uses will impact wetlands, the relatively low functions and values of the wetlands will be offset by the use of wetland mitigation credits from a local wetland mitigation bank. Based on this analysis, the recommendation is to limit the conflicting use (i.e., remove Wetland E-5 and a portion of F-25) from the City's Wetlands and Streams Corridors Map and 0.79 acres of vegetated corridor in order to accommodate the future development of at-grade trail construction and a boardwalk to close the gaps in the Fanno Creek Trail. ESEE for the Fanno Creek Trail in Tigard Pacific Habitat Services,Inc./PHS#5854 Page 20 Appendix A Figures � � l PHS \ / / 1 Locally: ''` i,__, / \4, Significant -'Wetland B / /' a ..- Wetland E-5--- (410 sf/0.01 ac) / /� r ; _______,,kihir.........7. I� SFS '�rF"yira .'� �- �- ., / _ Locally r"er ( Wetland E 5 '^!" = ✓',`--,, Wetland A a ` t- " ? (not locally significant) Fanno Creek Continues Significant Wetland E 5 + : (2,854 sf/0.07 ac) R tiok `` Area Beyond Study LEGEND '° 4 / � c . �� 1i moi.#x� -� _ - Study Area(197,098 sf/4.52 ac) fey ��¢ M t (yam rh' ' :i. Fanno Creek Continues 4+ Beyond Study Area `:i7.. f1 In fin — 4l Fan reek Wetland(29,839 sf/0.68 ac) �/a":� y a"$^° $' Yom'>f'.,�r A. fir,f�. r J 4,:;'' ••�:iA:: •:h�... .o ..o.°^t .f .S ? r rj1F•.hie.'_" /� �,!% of 'i, .....'''''.5:.';::C .''''''...3?`, ?° ar�4 �_ ' r G.1, F�'f g Qr 4j �i• V• Waters9 5f/the State/US _ ', 7__l. .:.t. •°O -' "„r>�. Y.r-f °" . ac) ;t :::i; tom. •::::.°°-• F ,11P'.,:ng ^a g,. .,x %- :i'.;'.. ' .'. .,.�;.... � fir ,,,}, �}� 't�Yr Ordinary High Water(OHW) r' ' :.:.'z•-•;. ' is`` l }4r�.y`t a'" s -I '1: °d M� :' 'ig - - j_ .a �r_a•;.a.. .eras, .d;_=:;„ •# -. - f�'^ ,,r” �f:{;r. . - CWS Vegetated Corridor .. .4 r+ 4:: "r , .,, , 'l -:j �",^". f " (113,697 sf/2.61 ac) , ` R �r { Jf .,--_,,..,f?r fd,f Tigard Riparian Corridor ' e'F r f# A r^ j.:1-- fes{ ` ' �f,./ • Plant Communis A(11,073 sf/0.25 ac) _- 4 3 s ' R.j, -,pr,, •-:# ,, // .. Degraded Condition , " • �� Plant Community B(15,715 sf/0.36 sf) Degraded Condition l ; � Plant Community C(42,979 sf!0.99 ac) \_�\ Degraded Condition Note: -,--,.C.-->;-'7; 5 Wetlands A through E _ - : Plant CommunityD 43,930 sf/1.01 ac t'' ( ) Delineated by PHS Are Good Condition Identified Collectively On The '` / N Tigard LWI as Wetland E-5. ' ai: 4-- Direction of Flow Only Wetlands A and B Are 3 1 =' s' `'' 1`1 Locally Significant. 0 00 100 200 SCALE IN FEET ,i Base map provided by KPFF PHS Existing Conditions Overview(Woodard Park to Grant Avenue) FIGURE JillFanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon 1 A Pacific Habitat Services,lnc. 1-19-2021 aw,,.,n,no°aoa ratwsroass C:\Users\Lisa\Desktop\W.rkFrorcH.me\3934 Fanno Creek Trail(Bonita Park(\AutoCAD\Plot Dwgs\ESEE Figures\Fig 1A ExistCond OVWoodard.dwg,1/19/2021 0:31:17 AM,AutoCAD PDF(High Quality Print).pc3 \\ LEGEND \\ 'a A Wetland F Oe -• Study Area(371,110 sf/8.52 ac) )) 1 (604 sf/0.01 ac) i // 1 f Continues Beyond Study Area L_ Wetland(22,265 sf/0.51 ac) // • Wetland G Waters of the State/US(45,531 sf/1.04) ala`Ao (2,793 sf/0.06 ac) ' I; Ordinary High Water(OHW) �4T i f a r r i, CWS Vegetated Corridor /�r�,,�f f• 3 Existing (204,589 sf/4.70 ac) _ Fanno Creek Trail � ,� r Tigard Riparian Corridor if d'%fir Plant Community A(4,799 sf 10.11 ac) ". int r _ Degraded Condition .. / , Wetland H �� 1,043sf/0.02ac / ` ( ) Existing Plant Community D(199,790 sf/4.59 ac) f 1 Wetland I Creek Crossing !rf Good Condition q 1 (2,048 sf/0.05 ac) ' i 1 Direction of Flow ''f{ .'�=a Wetland J f i,'4',.-46, (1,146sf/0.03ac) f `;A \. Existing 1 Fanno Creek Trail Fanno Creek r f P i Continues Beyond r%. �i lir-&-7;;;',7°-;4:4.6,,, , StudyArea y, 9 e, - �' r. a lV r�tiae� '� ° �"�r�{y� �� �f a� • � Locally Significant- V \f �J y ysf1 F y — Wetland E-11 Y C♦ i e t(L I j.. ., f�.�f.'- /f � r�r „_err,�\$ Locally Significant j +,C f, <1 .f a..v , , ! r . Wetlands and Vegetated:omdor Continue Be Wetland E-13 Locally Significant- r `t f" F.{/1r.° f ''!',, ,'01%,"•:::,, .7-.;,..,_-,4..„_ �e "+' ,f{ -7-rr 1p /'7r Beyond Study Area Wetland E-9 , }` yf f ` ;fi4; y f"'"'!' y� ♦B N ,.7!-tr, . "-:41'..42-.1 { 3. ,� _ ,• y_ �' .,.�,y ( _�'of 0 n f '1. !,S`! J , 1� x.23 '.01."'-. ,e,",/d° S l .r r,� -;..,. '..s .. .. .p mY' . (L,vM ,:f � .. ,{r � / aa °t• .„^.1r- r oGcge1 4 _ -, ): _ . ._--ww—, . - ,--4 q,,,,„,,-- - ,,,,,L,--fifeg -i-.7• —1 f CP' / � !Creekwatlantls ndV g�afF,.. ' f R `,A� High Flow Wetland Channel ted ''.ac' " d 44 ac) 0 VB iso Boo( 79 Sf/0.33 mdor CB ,' . y. LocallySignificant "lingo/Um, Continues Beyond Study Area Wetland E-10 Locally Significant nd Stud SCALE IN FEET Wetland E-12 Delineated boundaries were professionally land PHS surveyed by KPFF.Sample point accuracy is±3 feet. Existing Conditions Overview(Ash Avenue to Hall Boulevard) FIGURE sFanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon 1 B Pacific Habitat Services,lnc. 1-14-2021 mm e.Iw3s,0000 x.1.0.1....... CIUsers\Lisa\Desktop\WorkFromeome\5854 Fanno Creek Trail(Bona Park)WutoCAD\Plot Dwgs\ESEE Figures\Figlt ExistCand OV CityHall.dwg,1/14/2021 1:4155 PM,AutoCAD PDF(High Quality Prinf.pd '•_-.. +," r ;,; ',,.;I,ri ,i; i .WetlandL !f N ?,�r:;';,'iI! ) I r'(1,152 sf/0.03 ac) Fanno Creek- ( ) (6,402 sf/0.15 ac);-'j• 72 / / ` Continues Beyond Study Area LEGEND Continues Beyond StudyArea t • c 4 -;....,1-:'? I1d yl''4,,,,/ ri"",/,..',,')` (North and South) Y Vii, � ��x � > ;4�i i�i � (,4.c .„,‘-',.. > ., � �..�. Study Area R .r firs$ 11i \,. �i r it �\ t \ ' ., _, tom'•k�, r---k`111--',"''.i " ,, >*t \\\\ \ `•-....' 1 ` ' Wetland(2,011 sf/0.05 ac) � Culvert ' \\``-•-., \ '•.i- ,) • t4 ) a -y f d `" �'`\ N. \\i i I ' i`____ �' t'�� i ,�i,' Waters of the State/US + > ,�, \\\\\I i i ! \ II V\� a ....G (12,195 sf/0.28 ac) x LLocally Significant( / \ �\ \ \ �s"T) :, Ordinary High Water(OHW) Wetland E-20 i �� 's \ �•,"e ;`^e d / M. J; ( \ \`�\ °" �� " CWS Vegetated Corridor i \ \\`\ (64,592 sf/1.48 ac) .)_i ....„;„ Ftt,'g .-s-`\\\\ N. \; --- Tigard Riaprian Corridor \\\'-',.. �\ ikey � Plant Community B(5,376 sf/0.12 sf) !% u°,�4°�'.` Degraded Condition `' \ ,OO '-,. `..,1�el „' Plant Community C(27,317 sf/0.57 ac) \+ \ ;;\''• E' Degraded Condition 00 _- 6 '<�\° `��-t'r'` \ Plant Community D(31,899 sf/0.72 ac) *,...'>••‘.9....1° Good Condition - '4.--....., ,-% _\ -- ` - 4--- Direction of Flow o\-j 0 GDS A \ --0''''. Tributary 1 PA" (5 793 sf/0.13 ac) +"• ;ifi Continues Beyond Study Area,.tr•r y �,-, S ) r - r ; : ,. ty 7! xt r0 160 300 600N ',_:_S;r4 < , . . Wetland M' \g ) SCALE IN -FEET (859 sf/0.02 ac). - ,,,;, ; ,,,,,„:',1,' _Non.Si�ttlfioatl�; Wetlaritl�21, L.,. Base map provided by KPFF 1.PHS Existing Conditions Overview(Tigard Library to Bonita Road) FIGURE S Fanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon 1 C Pacific Habitat Services•Inc. ..m....o.�maro 1-14-2021 e�-.xinsroaa eacsws.oaess c\Users\Lisa\Desktop\WorkFromHome\5854 Fanno Creek Tra(Bonita Park)W.rtoCAD\Plot Dwgs\ESEE Figures\Fig1C ExistCond library OV.dwg,1/14/2021 1:42:28 PM,AutoCAD PDF(High Quality Print).po3 1 ii -_• ---- —_-• -J �, ;' 2/---:--2'1, '''-','--';%V.,.....ik IV 77"i'''tii•'',,'1"--'._,,,,,, ,„A,',, p �i � ,' _ z --,-:,_-_-,.--, \„,-,,,, te:::.:::::::4,.!.4,1,,A,,,,--,,-:,,--,,, ,,‘„,,,.:,:.,/,,,,,,,,,,,-,/ if 1 \:.:1,Ir:::;',.:1;:ls1\V.,:i,/,':,)',,,,:: /,,....::',/,,/ i Wetland N r ` �'• '`'�'{? (58,671 sf/1.35 ac), ,t,� f f Continues Beyond Study Area tfF/ , ` ;, A „. t � I; , } £ VC Truncated at Existing' Rail Embankment Locally Significant , Wetland F-25 +,,, "4 ;;44.:, �t�, e LEGEND t::.:.::::.. _ r fi,) —-. Study Area YYii.'::.:.. - Wetland(65,977 sf/1.51 ac) �_; '! . - . CWSVegetated Corridor �.!.fir.:::: (38,037 sf/0.87 ac) %a::• 'it r.::::T•u4'�'•'�I O`'''" Plant Community A(11,073 sf/0.25 ac) ` >: > ,'%% Degraded Condition 1::::::::.:.:,..1:: wi i,iii; F..:i::;gx}1r:r '� a• Plant Community B(8,545 sf/0.35 sf) �: :`:`%'a L: Degraded Condition " , ,I"�''%? ` Plant Communi C 7,991 sf 10.18 ac) .\ L.= Degraded Condition t''t Plant C °`°`•, �,rCommunity D(10,428 sf/0.24 ac) t''`.;i::�`�''�:.:: y r Good Condition E yy ..:...:: .r ,u) NOTE: ?., f. _i',,;,,; There is no Tigard Riparan Corridor in the t Vicinity of This Path Section f !`>: fig: t p' t 'WetlandO` ;x:%'.:.::> ,,•"i ;' Continues Beyond Study Area i tY'g f!• )�` 4/::::::?iii"r;;o ::.4'''' Lr�oer:f:•:•::•- i', N o fio Saa 200 Base map provided by KPFF_-- - r4r''•I . - SCALE IN FEET • PHS (� Bridge) FIGURE S Existing Conditions FannoOverview Creek Trai(85th l WoodardAvenue PtoarKi-a-Kutsa Pacific Habitat Servik-BonitRoad/ 1 D 85th Avenue-Tualatin Bridge Tigard,Oregon ces,lnc. r.a,vmwmo t-to-zort ' i i I NOTES: LEGEND I I t 1. Vegetated Corridor Impacts as t,x --—--1 ____ 9 P Study Area(197,098 sf 14.52 ac) / shown encompass corridors / / associated with Locally Significant Significant Wetland(29,839 sf 10.68 ac) \ / / Wetlands and the Fanno Creek i . FlV*•. / / Riparian Corridor.Additional k�lA:2 Non Significant Wetland(24,629 sf/0.56 ac) -�__ - / �......w 1 -- / / encroachment into vegetated corridors regulated by CWS have -- - �,%i,; , / been addressed through the process ',�',!,! Waters 589 sf/h 0.43 State/US ---I,1`,__, ,N'• )Ja. - for obtaining the CWS Service ,. Locally Significant ';r"-\ I / / Provider Letter. ---- Tigard Riparian --‘,1':----;:d.',. \ _ /_ I r__, Jg Corridor i,-__-,„' Wetland E-5- -%'_. ,� / / E„ - t,__, /s/ 2. Wetlands A through E are collectively ,.-- CWS Vegetated Corridor i -, ';t:.='i•,. :%r 'Plaza - __" - ____ Wetlands A and B ,,.,;,,. t ,__ .1_-" --� -' '�-� _ ___ Proposed Tem ovary // / identified as Wetland ____ LW!. So "--•1., `"r^-'%r _,----„,,-,_\.- --_ - Construction Access locally Vegetated CorridorPermanent Impact = .--'” '_ = Easement are loc ysignificant. ( 0 sf/0.17 ) ,; Tigard II y e 746 acm a __ g '.-� /. I. _-- � - - -��---. � -"--Proposed / VegetatedTemporary Impact ,rr ii 111 II I}" i - -'- / _ / 0 BB Loo 200 Co "`. i;t�( -N-..-----".".�� - At-Grade Trail / `� (14,158 sf/0.32 ac) S .. ���: Significant N •gig --_ Non SCALE IN FEET MI y� T + \ r. * wetland C ,Bridge Lay Locally Significant Wetland Impact i »�'� / (410 sf/0.01 ac) ` I " ` ,e.,,,,,:: � :, l Down Area 3 - N'a! ' -"_ Direction of Flow — LocallySignificant ,o=-,�, - -'------.,1,: ,, -- Proposed • ;',; Crane Pa Wetland A � ''� 'O°!!!°O!!! '� �'�. Tax Lot Line --_ �:_ yr ♦!!!°! !!! � � : / Isaa,'';. / \ LEGEND t``''%"----.-<.•,\ /�A.0 so gm No Study Area(370,687 sf/8.51 ac) Z • .--- / —_ v.,,,,, ,_.�"/ Remove Existing Spur Trail and / � ;;� NOTE: r � Bench.Area To Be Utilized For \ <'%1,%,� Vegetated Corridor Impacts as shown _ Wetland 22,265 sf/0.51 ac .o;c Contractor Turn around. ( ) �4 �y,. encompass corridors associated with % ': ///���No Trail Work, // LocallySignificant Wetlands and the Fanno Non Significant Wetland \ \ Access Route To Creek Riparian Corridor.Additional ❖•❖•' \ 4.;;y ( / 1 I Follow Existing Trail. / encroachment into vegetated corridors ,0 7,7 Waters of the State/US \ //, i';',5;?: , .,4 / regulated by CWS have been addressed ;;;.,'p,;;d� 45,531 sf/1.04 ac) /�% \io .t / Wetland F through the process for obtaining the CWS 1 t,,'•c f\ Continues Beyond Study Area Service Provider Letter. -_—- Tigard Riparian Corridor ..../// / / / Q \••n r\ / / "`_1 / — CWS Vegetated Corridor .�' Wetland G / / it-1 •• - Vegetated Corridor Permanent Impact r / / ',4 ,.. (3,122 sf/.07 ac) //7/ / f',0'' ,< � Existing / %�'' Fanno Creek Trail Vegetated Corridor Temporary Impact i,/VI?I a/L/ • / B vs 60 aoo (25,172 sf/0.58 ac) e / ! / � ) i v / SCALE IN FEET h- Direction of Flow Wetland H 0�� �,, ', \ // I — Tax Lot Line �, Overlay Existing Trail teN /(_ \ Wetland I I —— Existing Contour / \ V C. Existing / j ti `� Wetland J Fanno Creek Trail l 1 I Remove Existing /\(\ sr / p I and Construct New / \ ,, _ ''* i�y Trail Section Fanno Creek Continues 44,4:^� s at �r�� \\ Beyond Study Area fk / '"1„;:,;-4,0, �. / SWCA r •� / I50107,14-- Overlay Sidechannels \ ( 1f� Alf, �yW`L ,`t'/ / ' " Existing Trail I I • /\/ \ *," ''i -/Titi) l\J 2 �• fid,;;;;'ell, • ti ' Q . e 'v AJ t M C ' �,'5Y i •y \<2 \/ .. N4',..0-740170,,,\_„,----. 6 '4<4;,:' '.*'17:119' ''Ow - -- - `:- * Goo Me ar" /•,,r (u --•9-. / \ Wetland K SNdy 1 _ }yT�i y` °W,°+r'Y m C I/ • Continues Beyond Fanno Creek 3A L,� �'y'�r'1+ �,�{` ' Study Area High Flow Channel / .. ''4- ,•I Fanno Creek Continues Design Provided byKPFF //x\ \ //\\ I SWCA-Wetland A: ..'"' ,,y Beyond Study Area 9 i \ \ i\ h / = I PHS /_ Development Plan and City of Tigard Sensitive Lands Impacts Overview(Ash Avenue to Hall Boulevard) FIGURE Fanno Creek Trail Woodard Park-Bonita Road I 85th Avenue-Tualatin Bridge-Tigard,Oregon 2 B Pacific Habitat Services,Inc. UMMram67.0400�s.a,ma+...+a.o.M. 1-14-2021 1.06 m16roaew CWse.2lrsa\Desktop\WorkFromHome\5854 Fanno Creek Trail(Bonne ParklWutoCAD\Plot(Mtge\BEE ngures\Fig2B Sensitivelands-CityHall.dwg,1/14/2021 151:16 PM,AutoCAD PDF(High Quality Pdnti.pd • Fanno Creek.' f Existing 36"',y+*,.'3';1p, ;Signicant Wetland E-20 , \\/\,/ (6,402 sf/0.15 ac) Culverts(3)° { `,' ' Continues Beyond Study Area e' \ / NOTE: LEGEND Continues Beyond Study Area ) 1 • ® ),, `.�a s ,1-,•.,, V Vegetated Corridor Impacts as shown r ,' y („ '„,> asencompass corridors associated with Study Area(605,240 sf/13.89 ac) I ..(,.-,, Proposed ►._ ++ ®r iL. '"� Proposed :„ ,;,; Locally Significant Wetlands and the Fanno Crane Pad k.•• m,411 n Fanno Creek Trail > ` Creek Riparian Corridor-Additional Significant Wetland(2,011 sf/0.05 ac) •1... {i ,.` ', \ encroachment into vegetated corridors eeeeee, w `< + regulated by CWS have been addressed Non Significant Wetland '-Y 3c �.SEE INSET A' � t :�:�: --—-- ... ,.-a• "?, ".4.--- ..,,e,...., r t 4•, BELOW `7♦ • , ' through the process for obtaining the CWS I Sal ,r 7 : .:-. .",i:-, t o3y,' v, \ Service Provider Letter. r4;1ip;4 Waters of the State/US ,_�.,'� Proposed • • tb k .\ ,'/i:/:',4% (12,195 sf/0.28 ac) -" ,.�. Boardwalk's t'�, Bridge Lay Down Area - ;!(,:. ——— Proposed "N.:-___,,,\:// 1CWS Vegetated Corridor Bridge `` 'Non Significant w +T41f9 n \ --- Tigard Riparian Corridor /�, r` 1 , Wetland /`//// - Vegetated Corridor Permanent Impact '1 r tr k' •• +r. _ ''•'A \ (9,671 sf/0.22 ac) \ Vegetated Corridor Temporary Impact ' j,-/e:.. . ' i• (12,147 sf/0.28 ac) • - :,� )�_ ,, r 0: � 4v Direction of Flow • _'-,\ , 'a0 A .41;'t k•-, -•.:,.'?{';'k1=t.,".iz,. \ �•,!:,:,:':,:. 6 ,} - Tributary 1 ,, ---- Tax Lot Line . ^r-_ - �• (604 sf/0.01 ac) •s --•- `Continues Beyond \ 1 Existing Contour "�'� 'I-2.., --%L j `•; 1" --- Study Area,`-; \ 1 r, . -Sea-0 -..0 -:, `+";,,`';' \ — 7 l' l' ' ` - _�— -,:f-it,-.7=-•''.7 '• -. -- APS,°T 1 `' ,i,,,,,,,,/1.rrrrii ,' • ,. ' ear ,\;,,1�� Tnbutary 1 ,:,'.;:71,::: , scene IN FEET *, "-a,-h �,,° 1 (5,793sf/0.13ac)S,-,yam ',� -:"-4.,'',/,',/,,-. M ~' „ �'\i ?,1 Continues Be nd Stu Area' • -� ii trt A i%• ( t y° Study +11 1' ` '��� ` \ ,-i• Significant Wetland E-20 , x - ` '''-'\ •'''''-•-._ -�; a �' a� .�'. �''4� Continues Beyond Study Area►t: ,___I'',...7,�,.'?�` � -- ------ — $ r v '•.:.•!' �� /= - i �``. - r4,11 :,i,:„,„:.,:,,,,' 4�.,. / T 4 ' , ter` A I! i, n* i __� ,♦ - I 1 Non Significant, lit /'< ` i24 4, '.- �11=. • =it4;;' ---'„i '` Wetland i' J, 3.INSETA i :i 1-• I , ` - ',C, I Design provided by KPFF PHS co= Development Plan and City of Tigard Sensitive Lands Impacts Overview(Tigard Library to Bonita Road) FIGURE /- Fanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon 2C Pacific Habitat Services,Inc. aaz,arm .a.w�,a. ...•IM1.60600 Fag(6031670-04. 1-22.2021 C:\Users\Lisa\Desktop\WorkFromHome\5854 Fanno Creek Trail(Bonita ParkhAutoCAD\Plot Dwgs\BEE Figures\Fig2C SensidveLands-Ubrary.dwg,1/26/2021 8:2328 AM,AutoCAD PDF(High Quality Pdn0.pc3 • / / i ...07:---'4,- ,\,'' Proposed Trail / / v, 7 Easement 111 I*.'� / / �1i,i�:11 4s / / // i1 / / E;:';:::::' NOTE: Vegetated Corridor Impacts as shown t i:E i encompass corridors associated with t:;'>: ift,:hL1,-,(‘:;,',;?;:'%//,‘,.:'':,:',/1;',1--/ Locally Significant Wetlands and the Fanno ti:;•i E.:::::-.1-::F1Creek Riparian Corridor.Additional 41',, 4;;:y"' � ,, � i;- encroachment into vegetated corridors { regulated by CWS have been addressed Proposed y " through the process for obtaining the CWS I�? / .. Service Provider Letter. Fanno Creek Trail ,: Wetland N i ; Continues Beyond : Project Boundary ag.ag IT,.77,4%.,.:7:::,;,'I, I, Ø. LEGEND Iq • � --:‘-...4.-,'7.,../,£°,/ Vegetated Temporary wetland ' ;x ;y ,Truncated at ' ` ' ' Study Area(134,680 sf/3.09 ac) impact proposed for to s i',,,,,,' , :Existing Road construction access road rSignificant Wetland(65,977 sf/1.51 ac) ., � i:.',',,;/2,', , Embankment and site preparation for ?7,:!4: 1:. :; boardwalk construction. 4* t „,;;,:,:q � .-- �••';�:�; Non Significant Wetland n i Proposed CWS Vegetated Corridor Locally Significant. Wetland F-25 ," ,V,{,, t;r1.; (Includes 370 sf of Vegetated Corridor Permanent Impact i Permanent Wetland Impact E '�' r '' For Boardwalk Footings.) (14,178 sf/0.32 ac) At Grade Trail Starts Here '< I1 I Vegetated Corridor Temporary Impact ' / - (13,943 sf/0.32 ac) Proposed - 'i Overlook it l Locally Significant Wetland s v ! Permanent Impact '''':1;;..'/ ,, ,,,=,;,b14 1 (14,257 sf 0.33 ac) £ 1-' ,1 Locally Significant Wetland Iik I Temporary Impact q I (17,517 sf/0.40 ac) M` 4-- Direction of Flow ,),,if::: .1:.;;'4, „,,;:l.,{a -EiT, k',11 ---- Tax Lot Line }+i"I i Existing,;-,,,' /4, C _ y ”, d I 111 \\�. i Wetland 0 �: Continues Beyond ' 't.' I ; ,I;ti ' ;', Study Area R ', - o ao goo epo Z I Base map provided by KPFF --- SCALE IN FEET ,. _ j PHS Development Plan and City of Tigard Sensitive Lands Impacts Overview(85th Avenue to FIGURE A5iKi-a-Kuts Bridge) 2D Fanno Creek Trail Woodard Park-Bonita Road/85th Avenue-Tualatin Bridge-Tigard,Oregon Pacific Habitat Services,lnc. 0"onBro1° 1-14-2021 v�..iws�e,o-oue.sbi v�cw°�s°ooess