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Hearings Officer Packet - 04/24/2006Ct 1 1A,, Av~ Ir 9a/A RD HEARINGS OFFICER MONDAY - APRIL 24, 2006 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 TUALATIN RIVER TRAIL PROTECT CONDITIONAL USE PERMIT (CUP) 2006-10001 SENSITIVE LANDS REVIEW (SLR) 2006-10002 REQUEST: The City, as applicant, is requesting Sensitive Lands Review approval to construct an 8-foot-wide paved, multi-use trail with floodplain. The trail segment is approximately 1,100 feet in length and is located entirely within the 100-year floodplain of the Tualatin River. This trail segment will connect with a 220-foot section of the same trail that was permitted through the City of Tualatin. Under a 2004 Intergovernmental Agreement (IGA), the City delegated to Tualatin the authority to review and approve permitting for the 220 portion of the trial that lies within the City of Tigard. The trail will provide access to the future Tualatin River Pedestrian Bridge and to the City of Durham and City of Tualatin trail systems. The project will temporarily impact 6,245 square feet of the 125-foot vegetated corridor due to construction staging and will permanently impact 8,520 square feet of vegetated corridor as a result of the trail construction. The project is located entirely within the floodway. LOCATION: The proposed project is located within the Tualatin River Floodplain, east of Cook Park and west of the Burlington Northern Rail corridor. The path will inter-connect the Cook and Durham Park trail systems. WCTM 2S114DA, Tax Lot 100. Page 1 of 2 ZONE: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.775 and 18.790. 3. OTHER BUSINESS 4. ADJOURNMENT Page 2 of 2 Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: APRIL 24, 2006 PAGE 1 OF-L FILE NAME: TUALATIN RIVER TRAIL PROJECT CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2006-10001 SENSITIVE LANDS REVIEW (SLR) 2006-10002 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against) Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. I 1 - - - - - - - - - - - - - - - Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. 1 - - - - - - - - - - - - - - Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 I I - - - - - - - - - - - - Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. 1 I Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. 1 I Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. I 1 - - - - - - - - - - - - -I- - - - - - - - - - - - - - - 1 I • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the City of Tigard for conditional ) F I N A L O R D E R use permit and sensitive lands review approval for a roughly ) CUP2006-10001 1100 foot section of a 10-foot wide trail within the Tualatin River) SLR2006-10002 floodplain east of Cook Park, in the City of Tigard, Oregon ) (Tualatin River Trail) A. FINDINGS AND CONCLUSIONS 1. The applicant, City of Tigard, requests conditional use permit ("CUP") and sensitive lands review for construction of a 10-foot wide paved public use trail between Cook Park and the Burlington Northern Rail corridor. The applicant will construct the trail on tax lot 100, WCTM 2S 114DA (the "site"). The entire 1100-foot long trail segment is located within the 100-year floodplain of the Tualatin River. The trail will connect with the existing trail system within Cook Park on the west and existing and planned trail systems in the Cities of Tualatin and Durham to the east, via the planned Tualatin River pedestrian bridge. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated April 14, 2006 (the "Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner (the "hearings officer") held a duly noticed public hearing on April 24, 2006 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. a. City planner Duane Roberts summarized the Staff Report. He noted that Clean Water Services ("CWS") recently issued a permit for the project. The City received three written comments about the project. i. The City Public Works Department argued that the applicant should be required to build portions of the trail on top of the existing grade in order to avoid impacts to existing mature trees on the site. Mr. Roberts testified that the trail will only impact one tree; a 28-inch ash located 14 feet from the edge of the trail. The location of the trail is largely dictated by the need to connect to the existing trail segments and to limit the environmental impacts of the trail. The applicant's arborist can locate the major roots of the tree prior to construction and, if necessary, relocate the trail to a limited extent to reduce impacts to the tree roots. This is required by condition of approval 2. The City engineering department determined that constructing the trail on top of the existing grade would not eliminate impacts to the tree roots. Some excavation would be necessary to remove topsoil and create a level surface for the trail. The City Arborist concluded that 0 such excavation would have a similar impact on the root system of the tree. In addition, constructing the trail at grade would result in fill within the floodplain, which the applicant would be required to balance with cut elsewhere in the floodplain and an engineer's certification that the cut and fill will not increase the base flood elevation. ii. Jeannot Whittle requested the City include seating and trash receptacles along the trail. Mr. Roberts testified that the City will place park benches and trash containers along the path after it is completed. iii. David Baumgarten argued that the City should construct the trail with asphalt rather than concrete, because concrete is hard to run on. Mr. Roberts testified that the City chose to construct the trail with concrete because it has a much longer life than asphalt. A concrete trail will reduce the City's maintenance costs on this high use trail. In addition, construction of an asphalt trail would require additional excavation, increasing the potential impacts on the adjacent ash tree. b. City Parks Manager Dan Plaza and environmental consultant Stacy Benjamin testified on behalf of the applicant. Mr. Plaza summarized the proposed trail project and accepted the findings and conditions of approval in the Staff Report without exceptions or objections. He waived the applicant's right to submit a final written argument. Ms. Benjamin testified that CWS recently issued a service provider letter for the trail project. c. At the end of the hearing, the hearings officer closed the public record and announced his intention to approve the application subject to recommended conditions in the Staff Report. 3. City staff recommended that the hearings officer approve the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions without exceptions. No one disputed the findings in the Staff Report. The hearings officer agrees with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order. 4. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed CUP and sensitive lands review do or will comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. Therefore those applications should be approved subject to such conditions. CUP2006-10001 and SLR2006-10002 Hearings Officer Final Order (Tualatin River Trail) Page 2 0 • B. ORDER In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP2006-10001 and SLR2006-10002 (Tualatin River Trail), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Submit to the Planning Department (Duane Roberts, 639-4171, ext. 2444) for review and approval: 1. Prior to site work, the applicant shall provide a revised tree protection plan. No site work shall begin until appropriate tree fencing/demarcation has been installed on site to clearly identify tree protection areas and construction perimeters. Tree protection must be installed and inspected by the City's Arborist, Matt Stine 2. Prior to site work, the applicant shall use an air spade or some other non-harmful method for determining the presence and location of major tree roots within the trail alignment anywhere trees over 6 inches in caliper are located within 30 feet of the edge of pavement. Should any roots be detected, the applicant shall consider altering the trail route within the boundaries of the easement area in order to minimize root damage. 3. Prior to site work, the applicant shall meet the conditions of Clean Water Services Service Provider Letter file #05-004508. DATED this 271" day of April 2006. J Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2006-10001 and SLR2006-10002 Hearings Officer Final Order (Tualatin River Trail) Page 3 "TAB B" 46 Applicant's Materials & All Correspondence Filed with Hearings Officer Prior to the Public Hearing. Agenda Item: 2.1 Hearing Date: At)ril 24.2006 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: TUALATIN RIVER TRAIL PROTECT CASE NOS.: Conditional Use Permit CUP2006-10001 Sensitive Lands Review (SLR) SLR2006-10002 PROPOSAL: The City, as applicant, is requesting Sensitive Lands Review approval to construct an 8-foot- wide paved, multi-use trail with floodplain. The trail seggmment is approximately 1,100 feet in length and is located entirely within the 100-year floodplain of the Tualatin River. At its eastern terminus, the segment will connect a 220-foot section of the same trail. This 220- foot section lies within the City of Tigard, but has been permitted through the City of Tualatin. Under a 2004 Tualatin River pedestrian bridge Intergovernmental Agreement between the Cities of Tualatin, Tigard, and Durham, Tigard delegated to Tualatin the authority to review and approve all permitting for this 220 foot section of the larger trial. The completed trail, consisting of the Tigard-reviewed and Tualatin-reviewed sections, will provide access to the future Tualatin River Pedestrian Bridge and to the City of Durham and City of Tualatin trail systems. The present, Tigard-reviewed project, will temporarily impact 6,245 square feet of the 125-foot vegetated corridor due to construction staging and will permanently impact 8,520 square feet of vegetated corridor as a result of the trail construction. APPLICANT: City of Tigard OWNER: City of Tigard 1315 SW Hall Blvd. 1315 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 LOCATION: The proposed project is located within the Tualatin River Floodplain, east of Cook Park and west of the Burlington Northern Rail corridor. The path will inter-connect the Cook and Durham Park trail systems. WCTM 2S114DA,.Tax Lot 100. ZONING: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.775 and 18.790. SECTION II. STAFF RECOMMENDATION Tualatin River Trail Sensitive Lands permit Application Page 1 of 17 CUP2006-10001 /SLR2006-10002 0 0 Staff recommends that the Hearings Officer find that a portion of proposed pedestrian trail will not adversely affect the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Submit to the Planning Department (Duane Roberts, 639-4171, ext. 2444) for review and approval: Prior to site work, the applicant shall provide a revised tree protection plan. No site work shall begin until appropriate tree fencing/demarcation has been installed on site to clearly identify tree protection areas and construction perimeters. Tree protection must be installed and inspected by the City's Arborist, Matt Stine 2. Prior to site work, the applicant shall use an air spade or some other non-harmful method for determining the presence and location of major tree roots within the trail alignment anywhere trees over 6 inches in caliper are located within 30 feet of the edge of pavement. Should any roots be detected, the applicant shall consider altering the trail route within the boundaries of the easement area in order to minimize root damage. 3. Prior to site work, the applicant shall meet the conditions of Clean Water Services Service Provider Letter file #05-004508. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. SECTION III. BACKGROUND INFORMATION Site Information and Pronosal Description: The City proposes to construction an 8-foot wide, 1,100-foot long river-side recreational trail connecting the City's 79-acre Cook Park to the future Tualatin River Pedestrian Bridge. The trail segment is part of a long standing, three-city strategy to construct a pedestrian bridge over the Tualatin River that will interconnect the trail systems and major parks of the adjoining Cities of Tigard, Tualatin, and Durham. The proposed segment is identified in the 1983 and still current Tigard Comprehensive Plan and in the 1999 and still current Tigard Park System Master flan, both developed with extensive pubic involvement. The trail segment also is identified as "regionally significant" on the Metro Region Trail Map. In addition to serving as a connecting approach to the bridge, the proposed trail will expand the local recreational opportunities available to community residents and other trail users. These opportunities will include, among others, access to picturesque views of the Tualatin River and the 40-acre Clean Water Services Durham wildlife area, which is a winter home to a sizeable flock of mixed dabbling ducks and geese. These opportunities will contribute to promoting a healthy lifestyle, encouraging non-motorized transportation, and enhancing quality of life in a heavily populated area. The site is located along the Tualatin River between Cook Park and the Burlington Northern Rail corridor. The land through which the trail is proposed to travel is owned by Clean Water Services (CWS), which has provided to the City a 25-foot-wide trail easement. The alignment was walked and laid out by agency staff. The stream banks of Tualatin River Trail Sensitive Lands Permit Application Page 2 of 17 CUP2006-10001 /SLR2006-10002 the Tualatin River are steeply incised in the vicinity of the trail alignment. Wetlands are located inland and some 175 to 350 feet from the trail edge. The gently sloping property through which the trail is proposed to extend is covered along its entire route with pasture grasses, including bentgrass, tall fescue, and meadow foxtail. Enhancement of the vegetated corridor along the river by CWS within recent years has included the planting of red alder, western red cedar, big-leaf maple, Douglas fir, and Oregon ash. Shrub plantings are present near the upstream end of the trail alignment. These include vine maple, snowberry, and oceanspray. Native vegetation remains in an area along the downstream portion of the trail. A notable stand of Douglas fir and Oregon ash is found in this area. The impact of the trail on vegetation is mainly to pasture grasses and fescue. The alignment minimizes riparian impact by preserving all existing trees. No wetlands are disturbed. SECTION IV. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this staff report are as follows: A. Decision Making Procedures 18.330 (Conditional Use) B. Zoning Districts 18.510 (Residential Zoning Districts) C. Specific Development Standards 18.775 (Sensitive Lands) 18.790 (Tree Removal) D. Impact Studv_ 18.390 The proposal contains no elements related to the provisions of Code Chapters: 18.705 (Access, Egress & Circulation), 18.715 (Density Computations), 18.720 (Design Compatibility), 18.725 (Environmental Performance Standards), 18.730 (Exceptions to Development Standards), 18.742 (Home Occupations), 18.750 (Manufactured/Mobile Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.765 (Off-Street Parking and Loading Requirements), 18.760 (Nonconforming Situations), 18.780 (Signs), 18.785 (Temporary Uses,), 18.795 (Visual Clearance)„ and 18.798 (Wireless Communication Facilities). These Chapters are, therefore, found to be inapplicable as approval standards. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: A. DECISION MAKING PROCEDURES This application includes a request for a Conditional Use approval of a Community Recreation use within a Residential Zoning District. The Conditional Use criteria are listed below, along with a discussion of how each applies to the project under review. A. Approval Standards. The Hearings Officer shall approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use. Tualatin River Trail Sensitive Lands Permit Application Page 3 of 17 CUP2006-10001 /SLR2006-10002 The site size and dimensions are adequate to accommodate a trail. Clean Water Service standards relating to the installation of a trail within the riparian area have been met, and the agency has issued a Service Provider Letter for the project (March 6, 2006, File #05-004508). This letter is included in the project file. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features. This criterion is addressed under the Sensitive Lands section of this proposal. 3. All required public facilities have adequate capacity to serve the proposal. No other public facilities are affected by the trail. 4. The application requirements of the zoning district are met except as modified by this chapter. The zoning of the land through which the trail extends is R-4.5. Community Recreation is a Conditional Use within this zoning district. No other requirements of the district apply to this proposal. 5. The applicable requirements of 18.330.050. The requirements contained in this section are addressed separately below. 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. No signs are included within this proposal. None of the supplementary requirements of 18.360 apply to this proposal. The application does not involve a minor or major modification to approved plans or existing development. No exceptions to standards are sought. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the sue is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation. City rules governing the public use of greenway trails prohibit littering and require the removal of dog waste. Unlike parks, the hours of use are not limited to daylight hours. 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust. The environmental regulations applicable to this project are addressed elsewhere in this proposal. 3. Requiring additional setback areas, lot area, and/or lot depth or width. Tualatin Itiver'frail Sensitive Lands Permit Application Page 4 of 17 CUP2006-10001 /SLR2006-10002 Not applicable. The proposal does not create any new lots. Setbacks are addressed under Sensitive Lands requirements elsewhere in this report. 4. Limiting the building height, size or lot coverage, and/or location on the site Not applicable. No buildings are proposed as part of this project. 5. Designating the size, number, location and/or design of vehicle access points. Not applicable. The project does not include vehicular access. 6. Requiring street right-of-way to be dedicated and street(s )to be improved. Not applicable. 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas. Not applicable. No loading areas are proposed. 8. Limiting the number, size, location, height and/or lighting of signs. Not applicable. No signs are proposed. 9. Limiting or setting standards for the location and/or intensity of outdoor lighting. Not applicable. No outdoor lighting is proposed. 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance. Not applicable. No berms are proposed. Fill is prohibited within the floodplain of land zoned for residential use. Natural area landscaping requirements are addressed under the Sensitive Lands section of this proposal. 11. Requiring and designing the size, height, location and/or materials for fences. Not applicable. No fencing is proposed. The placement of fences is prohibited in both the Vegetated Corridor area and in the floodway. The 25-foot trail easement area is located entirely within the floodway and partially within the Vegetated Corridor area. 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas. The environmental impacts of the trail are addressed under the Sensitive Lands section of this proposal. Tualatin 12iver Trail Sensitive Lands Permit Application Page 5 of 17 C UP2006-10001 /SLR2006-10002 0 0 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain. The development proposed is a greenway trail. The land through which the trail will travel is owned by Clean Water Services, which has provided an easement for the trail project (Recording #2004-14017312/09/2004). 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. A pedestrian/bicycle trail is the subject of this proposal. 18.330.050 Additional Development Standards for Conditional Use Types 050-5. Community Recreation and Parks: a. ,All building setbacks shall be a minimum of 30 feet from any property line. Not applicable. The proposed project does not include the construction of any buildings. b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more Not applicable. The proposed project does not include the construction of a dog park. 18.765.080 Off-Street Loading Requirements Pursuant to the Table 18.765.2, minimum and maximum off-street vehicular and bicycle parking requirements apply to Community Recreation. These standards are all based on. the floor area of the proposed use. As such, the standards are not applicable here. The proposed project does not involve the construction of any recreational or other structures. FINDING: The trail is a conditional use with the residential zoning districts. The trail proposal meets all of the Tigard Community Development Code standards pertaining to Community Recreation uses within residential zoning districts and to Off-Street Parking and Loading Requirements. B. ZONING DISTRICTS This application includes a request to install a trail with a Residential Zoning District. Use Table 18.510.1 lists Community Recreation as a conditional Use in the R-4.5 zoning district. The specific conditions and approval criteria related to this use are listed in the Conditional Use chapter of the Tigard Community Development Code. These are addressed in the Conditional Use section of this report. C. SPECIFIC DEVELOPMENT STANDARDS 18.775 SENSITIVE LANDS 18.775.070 B (1). Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new Tualatin River Trail Sensitive Lands Permit Application Page 6 of 17 CUP2006-10001 /SLR2006-10002 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; The trail has been designed to avoid an increase in the zero-foot rise floodway. The finish elevation will be at existing grade. Construction will involve excavation and placement of 4 inches' of gravel base below grade followed by the placement of an additional 8 inches of concrete up to existing grade. The application submittals include a letter dated March 16, 2006, signed Agustin P. Duenas, P.E., certifying that construction of the trail will not result in any increase in flood levels during the base flood discharge. 18.775.070 B 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; No land form alterations are proposed. The paved trail does meet the definition of development as used in 18.775.020.7. As a community recreational use, the trail is allowed as a conditional use on the site, which is zoned residential (R-4.5). 18.775.070 B 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; The proposed trail is located entirely within the 100-year floodplain. The finish elevation of the trail will be at existing grade. A registered professional engineer has certified that construction of the trail will not result in any increase in flood levels. 18.775.070 B 4. The land form alteration or development plan includes a 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 development is a segment of the Tualatin River Trail designed in accordance with the City's pedestrian/bicycle plan. 18.775.070 B 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; The subject trail segment will be above the elevation of the average annual flood. The trail is located beyond the top of bank of the Tualatin River which is above the elevation of the average annual flood. The elevation of the trail varies form 116 to 119 feet. According to engineering models, the elevation of the average annual flood is expected to be confined below the top of bank, which is approximately a uniform 110 feet in elevation within the project area. 18.775.070 B 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals shall be obtained; The trail project is located above the top of bank of the Tualatin River and outside delineated wetland areas located on the CWS-owned property. The trail alignment does not interfere with any wetlands or stream Tualatin River Trail Sensitive Lands Permit Application Page 7 of 17 C UP2006-10001 /SLR2006-10002 0 • channel. Therefore, no wetland permit is necessary from the U.S. Army Corps of Engineers or the Oregon Department of State Lands. A required Service Provider Letter has been obtained for the project from Clean Water Services (March 6, 2006, File #05-004508). 18.775.070 B 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The project will be constructed on an open space area owned by Clean Water Services. This area is undergoing restoration by the agency as a native oak savanna. The trail project carries out the city's adopted pedestrian/bicycle pathway plan by installing a segment of the trail identified in the plan. 18.775.090: Special Provisions for Development within Locally Significant Wetlands and along the Tualatin River, Fanno Creek, Ball Creek, and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/ approved pursuant to Section 18.775.130. The project does not include any development within a significant wetland. Wetland F-21 is mapped to the south of the proposed trail alignment, and wetlands F-19 and F-26 are mapped to the north of the proposed trail alignment on the City of Tigard "Wetlands and Streams Corridors Map". These wetlands were delineated as part of the development of the Cook Park Master Plan. The trail alignment at its nearest point is located 175 feet from F-26, the wetland closest to the trail alignment. According to Clean Water Service maps, the required setback around the wetland is 50 feet. Therefore, this requirement is met. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to tiparian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek. 1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. Clean Water Services requires a 125-foot vegetated corridor adjacent. to the Tualatin River. This exceeds the 75-foot corridor established under Goal 5. The majority of the 125-foot vegetated corridor was determined to be in degraded or marginal condition according to Clean Water Services standards. A portion of the vegetated corridor was determined to be in good condition; however, the good condition area is less than 125 feet wide. The Tualatin River Trail Sensitive Lands Permit Application Page 8 of 17 CUP2006-10001 /SLR2006-10002 applicant proposes to restore all substandard portions of the 125-foot corridor to good condition. Minor encroachments into the vegetated corridor are proposed. No encroachments are proposed in the portion of the vegetated corridor determined to be in good condition. A natural resource assessment, a vegetated corridor restoration plan, and a vegetated corridor mitigation plan related to the encroachments, all dated 10/21/2005, have been approved by Clean Water Services (March 6, 2006, File #05-004508). Therefore, this requirement is met. 2. The standard width for "good condition" vegetated corridors along Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 50 foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. Not applicable. The site is not adjacent to Fanno Creek, Ball Creek or the South Fork of Ash Creek. 3. The minimum width for "marginal or degraded condition" vegetated corridors along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the standard width, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with Section 18.775.130. The majority of the vegetated corridor has been determined to be in degraded or marginal condition based on Clean Water Services standards. Clean Water Services requires a 125-foot vegetated corridor adjacent to the Tualatin River "where possible." If not possible, agency standards allow a path to be located in the outermost 40% of the vegetated corridor. These provisions exceed the 38-foot minimum width requirement contained in 18.775.130. Minor encroachments into the degraded condition vegetated corridor are proposed to construct the trail. The applicant proposes to enhance the corridor to good condition. A natural resource assessment and vegetated corridor plan have been approved for the project by Clean Water Services. Therefore, this requirement is met. 4. The determination of corridor condition shall be based on the Natural Resource Assessment guidelines contained in the CWS "Design and Construction Standards". The determination of the vegetated corridor condition is in accordance with Clean Water Services Design and Construction Standards, Resolution and Order #04-9, March 2004. The agency has issue a Service Provider letter (March 6, 2006, File #05-004508) based on an approved Natural Resource Assessment and restoration plan. 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated. corridors, except as allowed below: Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the City per Section 18.775.070 and by CWS "Design and Construction Standards"; Tualatin River Trail Sensitive Lands Permit Application Page 9 of 17 CUP2006-10001 /SLR2006-10002 Not applicable. The trail segment to be permitted and constructed by the City of Tigard will not cross the vegetated corridor from one side to the other. At its western or Cook Park end and for a distance of approximately 75 feet, the trail does cross into the vegetated corridor in order to connect with the terminus of the existing Tualatin River trail segment. This encroachment has been approved by CWS in the service provider letter noted above. Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone, gas, cable, etc.), if approved by the City and CWS; Not applicable. No infrastructure construction is proposed. A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design and Construction Standards"; The path is 8 feet in width with 1 foot shoulders on either side and meets Clean Water Services Design and Construction Standards. Grading for the purpose of enhancing the vegetated corridor, as approved by the City and CWS; Not applicable. No grading within the vegetated corridor for enhancement purposes is proposed. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as approved by the regulating jurisdiction; Not applicable. No such measures are included in the project work scope. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the City and CWS; Enhancement of the vegetated corridor is part of the project work scope. The proposed enhancement is required by CWS standards, is not a stand-alone project, and is exempt. g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways, driveways, utilities, accessory uses, or other developments provided they are consistent with City and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS "Design and Construction Standards. Not applicable to this project. No such measures are proposed. 6. Land form alterations or developments located within or partially within the Goal 5 safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Division of State Lands, and/or other federal, state, or regional agencies, are not subject to the provisions of Section 18.775.090.B, except where the: Tualatin River Trail Sensitive Lands Permit Application Page 10 of 17 CUP2006-10001 /SLR2006-10002 • Land form alterations or developments are located within or partially within a good condition vegetated corridor, as defined in Sections 18.775.090.B.1 and 18.775.090.B.2; Not applicable. The proposed trail is not located within a good condition vegetated corridor. The portion of the vegetated corridor affected by the project is in degraded condition. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as defined in Section 18.775.090.B.3. No encroachments within the Safeharbor "minimum width area of 38 feet of top of bank, as this applies to the Tualatin River, are proposed. FINDING: The trail is a conditional use within the residential zoning districts. The vegetated corridor proposal meets the City and CWS site-specific standards established for vegetated corridors. CONDITION: The applicant shat carry out the vegetated corridor plan as reviewed and approved by CWS. 18.790 TREE REMOVAL A. Tree plan required. A tree plan for the planting, removal, and protection of trees prepared by a certified areborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size, and species of all existing trees including designation as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less that 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of not net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be remove be mitigated in accordance with Section 18.790.060.D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper required that 50% of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed. Tualatin River "frail Sensitive Lands Permit Application Page 11 of 17 CUP2006-10001 /SL122006-10002 0 • 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Subsequent tree removal. Trees removed within the period of one year to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. All trees located within 40 feet of the trail route have been mapped. No trees over 12 inches in caliper are proposed for removal. A tree protection plan prepared by a certified arborist has been submitted. The plan conforms to the requirements of 18.790.030. It identifies the location, size, and species of all existing trees over 6 inches in caliper, including trees designated as significant by the city. It.includes a program to save existing trees over 12 inches in caliper. Also included is a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Site vegetation in the proposed trail alignment consists predominantly of non-native grasses including bentgrass, meadow foxtail and tall fescue. Enhancement of the vegetated corridor along the Tualatin River has carried out by Clean Water Services within the last few years. Tree plantings within the southern and western portions of the field closest to the Tualatin River included red alder, western red cedar, big-leaf maple, Douglas fir and Oregon ash. Tree plantings further north and east from the river included Douglas fir, big-leaf maple, Oregon white oak and ponderosa pine. The trail alignment has been located to minimize impacts to recent enhancement plantings on the site. The locations of enhancement plantings in close proximity to the proposed trail alignment in the west portion of the site were surveyed by the City of Tigard and are shown on the construction drawings. Prior to the start of construction, 3 1-inch caliper enhancement plantings located within the construction easement will be relocated outside the construction corridor. FINDING: Based on the above analysis, the Tree Removal standards will be met, if the applicant complies with the condition listed below. CONDITION: Provide a copy of the tree protection plan, which must be reviewed by the City Arborist, Matt Stine. Tree protection must be installed and inspected by the City Arborist prior to site work. D. IMPACT STUDY Impact studies are required under 18.390.050 B.2.(e) Type III application types. The impact study criteria are listed below, along with a discussion of how each applies to the project under discussion. 18.390.050 B.2(e) The impact study shall quantify the effect of the development on•public facilities and services. The study shall address at minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affect private property users. Transportation system Tualatin River Trail Sensitive Lands Permit Application Page 12 of 17 CUP2006-10001 /SLR2006-10002 Transportation system The proposed trail project will not impact the transportation system. The proposed trail is not located adjacent to any roadways. Bikeways Along with the 220-foot section permitted by the city of Tualatin, the proposed trail will fill the gap between the Cook Park and Durham trail systems. The trail segment will result in increased recreational opportunities for community residents and will provide access to Cook Park, Tualatin Community Park, and Durham City Park. Drainage system The construction of the trail will result in an 8,520 square foot increase in impervious area on the site. Stormwater runoff from the trail will flow into the vegetated corridor adjacent to the Tualatin River. The vegetated corridor will provide treatment for runoff from the trail. No additional water quality treatment or detention is proposed for trail runoff, because the increase in impervious surface is small and no inputs of pollutants are anticipated. This is because the majority of trail users will be pedestrians and bicyclists. Therefore, the trail is not expected to have a negative impact on the drainage characteristics or water quality of the Tualatin River. Parks system The proposed trail will fill a gap in the trail network. The trail will result in improved recreational opportunities for community residents and will provide access to Cook Park, Tualatin Community Park and Durham City Park as well the greenway along the Tualatin River. Water system No water lines are located within the project alignment; therefore, the project will have no impact upon the water system. Sewer system No sewer lines are currently located within the project alignment; therefore, the project will have o impact upon the sewer system. Clean Water Services has developed a plan to construct an outfall from the Durham Wastewater Treatment Plant to the Tualatin River. The City of Tigard Engineering Department has coordinated with Clean Water Services during the design of the Tualatin River trail project to ensure that construction of the trail will not adversely impact future agency outfall projects. Noise impacts of the development Construction of the trail will result in a short-term increase in noise levels due to the presence of construction equipment. The proposed trail is located approximately 0.25 mile from the nearest residential neighborhood. It is unlikely that the construction noise will pose more than a very minor temporary impact to nearby residents. Regular use of the trail will have the usual low noise levels associated with similar sized recreational facilities. Since the project area currently contains a dirt footpath that is regularly used for recreational purposes, the project is not expected to result in an increase in noise over current levels. Tualatin River Trail Sensitive Lands Permit Application Page 13 of 16 CUP2006-10001 /SLR2006-10002 FINDING: The applicant has included an impact study that adequately addresses the project's impact on the various pubic facility systems. SECTION VI. OTHER STAFF COMMENTS The City of Tigard Building Division and the Long Range Planning, Engineering, and Police Departments have reviewed the project and have offered no objections to it. The City of Tigard Public Works Department has reviewed the proposal and has provided the following comments: To avoid major detrimental impacts to existing mature trees, especially in the northwest portion of the project, the trail should be built on top of the existing grade with geotextile fabric placed between the top of existing grade and the base for the path/sidewalk. The same precautions should be implemented at the southern portion of the project where the path goes along the northern boundary of mature trees. Response: Within the northwest of Cook Park portion of the path, only one mature tree, a 28-inch ash sited 14 feet from the edge of path, is located within the vicinity of the trail. The next closest big tree, a 36-inch Douglas fir, is located some 100 feet from the edge of path. Ash trees are known to have wide root bases. Some of the roots of the ash tree in question may be damaged by the pathway construction. According to the technical specifications for the project, one foot of excavation is required to install the trail. This includes 8 inches of base rock and 4 inches of concrete. According to the Engineering Department, the alternative of placing the trail on top of existing grade itself would require 6 inches of excavation or "stripping" in order to create a level surface. The conclusion reached by the City Arborist is that some portion of the ash tree's root system could be damaged by the 1 foot of excavation some 14 feet from the base of the ash tree. The tree under discussion is located 11 feet north of the existing pathway to which the new pathway will connect. At its nearest point, the new pathway would be located 14 feet from the same tree. Placing the trail on top of existing grade would result in fill in the floodplain, which would require an off-setting cut elsewhere and certification by a registered professional engineer that the fill/cut will not result in any increase in flood levels during the base flood discharge. Staff concludes that the Public Works Department recommendation pertaining to placing the northwest path section on top of the existing grade is unduly burdensome. The land underneath the proposed trail is owned by Clean Water Services, which also is the primary environmental permit authority for the trail. The trail alignment was defined in the field by the CWS biologist, with the intent of minimizing the trail's adverse impact on vegetation and stream water quality. The agency granted to the City an easement for the trail's installation based on the biologist's recommendations. Two factors, the need to connect to the terminus of the existing path and the physical limits imposed by the CWS easement, restrict the applicant's options in dealing with potential damage to the ash tree. However limited, such options do exist and include use of an air spade or some other non-harmful method of determining the presence and location of any major roots within the proposed trail alignment, and, if feasible, altering the trail alignment within the easement area to minimize root damage. The project limits do not include the southern or eastern portion of the trail extending to the rail corridor. As previously indicated, the present project (the project that is the subject of this application) will interconnected with a proposed 22046ot section of the same trail that has been permitted through the City of Tualatin under a 2004 Tualatin River Trail Sensitive Lands Permit Application Page 14 of 16 CUP2006-10001 /SLR2006-10002 • • Intergovernmental Agreement (IGA) that delegates to Tualatin the authority to review and approve permitting for the 220 portion of the trial that lies within the City of Tigard. At its closest point, the path section presently under review is located some 50 feet away from the grove of mature, mostly Douglas fir, trees referred to in the comment. No root damage is likely from 1 foot of excavation at this distance. FINDING: Construction of the trail could result in damage to the root systems of closeby trees. CONDITION: Prior to site work, the applicant shall use an air spade or some other non-harmful method for determining the presence and location of major tree roots within the trail alignment anywhere trees over 6 inches in caliper are located within 30 feet of the edge of pavement. Should any roots be detected, the applicant shall consider altering the trail route within the boundaries of the easement area in order to minimize root damage. Section VII. AGENCY COMMENTS Metro, Oregon Department of Fish and Wildlife, Clean Water Services, the City of Durham, Portland Western R/R have reviewed the project and offered no comments. No comments from any of the agencies contacted were received. As described elsewhere in this report, Clean Water Services has reviewed earlier submittals related to this project. Section VIII: PRIVATE ORGANIZATION AND CITIZEN COMMENTS The Tualatin River Keepers, the Fans of Fanno Creek, CPO 4, owners of property within 500 feet of the project, and interested parties were provided with copies of the project proposal and asked to provide comments. Two private citizens offered comments. Jeannot Whittle: Please remember to place one or two seats along the path - it is difficult to sit on wet and muddy paths to remove stones from shoes. A trash can or two would be an asset, carrying packaged animal excrement on a walk or jog is not conducive to a pleasant day. Good luck with your efforts. Response: The Parks Manager has indicated that park benches and trash containers will be placed along the path following its completion. David Baumgarten: Do not use concrete! It is very bad to run on! Asphalt is much easier on the legs! Besides, the Durham Park trail is asphalt, as are all other trails Qohnson Creek, Fanno Creek) in this metro area. Summary, use asphalt, not concrete, to pave the trail. Response: The decision to use concrete was based on the following considerations. The trail is anticipated to be a high use facility. It will interconnect the major parks of Tigard, Durham, and Tualatin. Concrete has a much longer life than asphalt. It has better durability and is easier to maintain. The city has experienced rutting and high maintenance costs, in conjunction with the existing trail system, which primarily consists of asphaltic trails. Because of its superior performance, the Engineering and Public Works Departments prefer to use concrete on this project. Tualatin River Trail Sensitive Lands Permit Application Page 15 of 16 CUP2006-10001 /SLR2006-10002 • 0 Additionally, 1 foot of excavation, as opposed to 1 '/2 feet of excavation in the case of asphalt, would be required to construct the trail. Thus, the use of concrete would result in reduced soil damage. C \ April 14, 2006 PREPARED BY: D ane Rob its DATE A sociat lanner C~-~D'• April 14. 2006 APPROVED BY: Richard Aewersdorff DATE Planning Manager Tualatin River Trail Sensitive Lands Permit Application Page 16 of 16 CUP2006-10001 /SLR2006-10002 U CITY fTIGARD ~1IIr~I'I~~-JII ST C y W ~Q ~ O NN CT ~ GEOGRAPHIC INFORMATION SYSTEM i T r~"oue~ D^ RD DURHAM RD ^ 011~ VICINITY MAP J'J" Ill _.Il ` ~ CITY OF TIGARD A O A N 0 400 600 Feet I 1'= 629 feel I City of Tigard ;ommunity Development CITY OF TUALATIN li CUP2006-10001 SLR2006-10002 TUALATIN RIVER TRAIL Information on this map is for general location only and should be vented with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 6384171 httpJAvww.ci.ligard.or. us Plot date: Mar 29, 2006; CAmagic\MAGIC03.APR I Igam lace map P136 .lily ~1V1POR1TneII sft-vim } A DIVISION OF S _ C RNVIRO"tNTAL CONSULTANTS J1Se Portland Office 434 14W Sixth Avenue, Suite 304 Portlond, Oregon 97209 Tel 503.224.0333 Fox 503.224.1851 w .Swca.com 0 Date: February 27, 2006 To: Duane Roberts, Associate Planner, Long-Range Planning, City of Tigard Dan Plaza, Parks & Facilities Division Manager, City of Tigard Vannie Nguyen, Engineering Manager, City of Tigard From: Stacy Benjamin, Senior Wetland Ecologist Subject: Tualatin River Trail; City of Tigard Sensitive Lands Permit Application INTRODUCTION The City of Tigard is proposing to construct the Tualatin River Trail. The proposed trail will be constructed to Clean Water Services trail width standards and will meet the Americans with Disabilities. Act guidelines. The trail will serve the full range of recreational users, including bike riders, skaters, pedestrians, and wheelchair users. The path will be an 8 foot wide concrete path with 1 foot gravel shoulders on each side, for a total width of 10 feet from edge to edge including the gravel shoulders. The proposed trail segment to be constructed by the City of Tigard is approximately 1,145 lineal feet. The finish elevation of the trail will be at existing grade; therefore, construction will involve excavation and placement of the gravel base below existing grade. The trail will be constructed of 4 inches of concrete over 8 inches of crushed rock. The City of Tigard's proposed Tualatin River Trail will extend southeasterly from Cook Park to 220 feet west of the Burlington Northern railroad trestle (Figure 1). The Tualatin River Trail has been identified on Metro maps as part of a regionally significant trail system (the Fanno Creek Greenway Trail) that will connect the Cities of Portland, Beaverton, Tigard, Durham and Tualatin through a 15-mile corridor extending from the Willamette River to the Tualatin River (Figure 2). The Tualatin River Trail is a cooperative effort between the Cities of Tigard, Tualatin and Durham and will provide a link between three large community parks: Cook Park, Tualatin Community Park and Durham City Park. The trail will also provide a link between three trail systems: the Tualatin River Trail, the Durham Park Trail and the Fanno Creek Trail. The City of Tualatin will design, permit and construct the Tualatin River pedestrian bridge as well as design, permit and rough grade the portion of the trail extending underneath the railroad trestle and continuing 220 feet west of the trestle to connect with the section of trail to be constructed by the City of Tigard. The City of Tigard will design and permit the segment of the trail beginning 220 feet west of the railroad trestle and connecting to the existing trail stub at Cook Park (Figure 3). The approximate location of the proposed Tualatin River pedestrian bridge is shown in Figure 1. The trail will be constructed within the 100-year floodplain of the Tualatin River; therefore, a City of Tigard Sensitive Lands Permit is required to be obtained for the project. The project will also involve impacts to the Clean Water Services vegetated corridor on the site. A 125 foot vegetated corridor is required by Clean Water Services adjacent to the Tualatin River, and a 50 foot vegetated corridor is required adjacent to wetlands on the Durham Wastewater Treatment Plant site. A natural resource assessment and vegetated corridor mitigation plan have been submitted to Clean Water Services for the project. EXISTING SITE CONDITIONS The Portland office of SWCA Environmental Consultants (SWCA)l was contracted by the City of Tigard to conduct a natural resource assessment for the Tualatin River Trail to meet Clean Water Services requirements. Site vegetation along the proposed trail alignment consists predominantly of non-native grasses including bentgrass, tall fescue and meadow foxtail. Enhancement of the vegetated corridor along the Tualatin River was conducted by Clean Water Services within the last few years. Tree plantings noted in the southern and western portions of the field closest to the Tualatin River included red alder, western red cedar, big-leaf maple, Douglas fir and Oregon ash. Tree plantings noted further north and east from the river included Douglas fir, big-leaf maple, Oregon white oak and ponderosa pine. Shrub- plantings were present near the northern end of the trail alignment and included vine maple, snowberry and oceanspray. Vegetated corridors are located both to the north and the south of the proposed trail alignment (Figure 3). Emergent wetlands and their associated vegetated corridors are present to the north of the trail, and the Tualatin River and its associated vegetated corridor is present to the south of the trail. Veaetated Corridor to North of Trail SWCA delineated wetlands on the Durham Wastewater Treatment Plant (WWTP) site in 2004. Two wetlands were delineated on tax lot 100. The delineation has been concurred with by the Department of State Lands (DSL WD #04-0590, dated February 16, 2005). Both wetlands are greater than 0.5 acre, and the slope of the area adjacent to the wetland boundaries is less than 25%. Therefore, a 50 foot vegetated corridor is required adjacent to the wetland boundaries. The distance between the proposed trail and the outer edge of the vegetated corridor ranges from 125 to 350 feet; therefore, no impacts to the vegetated corridor located adjacent to the wetlands on the WWTP site will occur as a result of this project. Veaetated Corridor to South of Trail SWCA conducted a site visit on July 19, 2005 to walk the proposed trail alignment and evaluate the condition of the vegetated corridor adjacent to the Tualatin River. The stream banks of the Tualatin River are steeply incised in the vicinity of the trail alignment. The topography of the area above the top of bank is very flat; therefore, the vegetated corridor required by Clean Water Services extends 125 feet from the top of bank of the Tualatin River. The location of the top of bank of the Tualatin River was mapped approximately in the field based upon aerial photograph interpretation (Figure 3). Four vegetated corridor communities are present adjacent to the Tualatin River. The majority of the vegetated corridor was determined to be in degraded or marginal condition according to Clean Water Services standards due to having less than 50% tree cover. A small area of the vegetated corridor adjacent to the east portion of the 1 The Portland, Oregon office of SWCA was acquired from Fishman Environmental Services in 2004. Tualatin River Trail Sensitive Lands Permit Application Page 2 trail was determined to be in good condition according to Clean Water Services standards due to having 200% cover by native trees, shrubs and groundcovers and 80% tree cover. ALTERNATIVES ANALYSIS The trail alignment was determined during a site visit conducted by City of Tigard and Clean Water Services staff. The location of the trail was determined by Clean Water Services (Kendra Smith), acting both as the land owner and environmental permit authority. The City of Tigard had no role in determining the alignment. The purpose of the site visit was to locate the trail to minimize vegetated corridor impacts and to minimize impacts to enhancement plantings installed by Clean Water Services along the Tualatin River. The City of Tigard has obtained a legal easement from Clean Water Services for the proposed trail alignment. The trail width as initially proposed was 12 feet; however, the trail width was reduced to 10 feet to minimize impacts to the vegetated corridor adjacent to the Tualatin River and to meet Clean Water Services requirements. The proposed trail will be constructed at existing grade to avoid any increase in the 100-year flood elevation. In addition, an at-grade trail will minimize the potential of the trail to impact wildlife movement from the Tualatin River riparian forest to wetlands on the Durham Wastewater Treatment Plant site. NATURAL RESOURCE PERMITTING Vegetated Corridor A natural resource assessment and vegetated corridor mitigation plan for the project have been submitted to Clean Water Services. Encroachment into the vegetated corridor is proposed in the northwest and southeast portions of the trail alignment. Encroachment is necessary in these two areas in order to connect the new trail segment with existing trail segments. Construction of the trail will result in 6,036 square feet of permanent vegetated corridor impact due to the 10 foot trail and shoulder width. The vegetated corridor impact area is shown on Figure 3. The trail will impact vegetated corridor areas determined to be in degraded condition that consist of non-native grass communities. No impacts are proposed to the portion of the vegetated corridor determined to be in good condition according to Clean Water Services standards. The trail alignment has been located to minimize impacts to recent enhancement plantings on the site. The locations of enhancement plantings in close proximity to the proposed trail alignment in the west portion of the site were surveyed by the City of Tigard and are shown on the construction drawings. Prior to the start of construction, 3 enhancement plantings located within the construction easement will be relocated outside of the construction corridor to avoid impacts. The location of the top of bank of the Tualatin River was mapped approximately in the field based upon aerial photograph interpretation. Since the location of the top of bank was not professionally land surveyed, we estimate the map accuracy of the location of the top of bank and the 125 foot vegetated corridor to be +l- 25 feet. For the purposes of calculating the proposed vegetated corridor impacts due to the trail, an additional 25 feet has been added to the vegetated corridor width to take the map accuracy into account and to avoid underestimating the proposed vegetated corridor impacts. This methodology for determining vegetated corridor impacts for the project was approved by Clean Water Services during a pre-design meeting on August 24, 2005. Tualatin River Trail Sensitive Lands Permit Application Page 3 Clean Water Services stated that mitigation is required for the square feet of proposed encroachment into the vegetated corridor due to the new trail, and mitigation is also required at a 1:1 ratio for the total square feet of the trail project. Therefore, the total mitigation area is equal to the trail encroachment of 6,036 square feet plus the total trail area of 13,028 square feet, for a total of 19,064 square feet. Mitigation proposed for the project includes removal of an existing hard-packed dirt footpath located in the general vicinity of the proposed trail. The location of the existing dirt footpath was GPS-surveyed by SWCA and is shown on Figures 3 and 4. The existing dirt trail has a total length of approximately 4,895.5 lineal feet and averages 2 feet wide, for a total trail area of 9,791 square feet. The existing trail is mostly located in the forested vegetated corridor adjacent to the Tualatin River. In the west portion of the project site, there is a section of the existing dirt trail which is located within a few feet of the top of bank of the Tualatin River. Removal of this existing trail will benefit wildlife use of the forested habitat area adjacent to the Tualatin River by reducing reduce human disturbance of this area. Since the existing trail consists of compacted soils, removal of the trail will consist of ripping the soil to loosen the soil and then the area will be seeded with a native seed mix. Native trees and shrubs will be planted in areas where there is an opening in the existing vegetation adjacent to the trail to be removed that would support establishment of new plants. The mitigation plan has been submitted to Clean Water Services for their approval. The total Clean Water Services mitigation requirement for the project is 19,064 square feet. Removal of the existing dirt trail will provide 9,791 square feet of mitigation credit. Therefore the remaining mitigation area is 9,273 square feet. This mitigation area will consist of enhancing the outer portion of the degraded vegetated corridor in the southwest portion of the site. The condition of the vegetated corridor proposed to be enhanced was documented to be degraded according to Clean Water Services standards. The vegetated corridor mitigation area is shown on Figure 4. The mitigation plan has been submitted to Clean Water Services for their approval. Wetlands No wetland or stream impacts are proposed for the trail segment to be constructed by the City of Tigard; therefore, a wetland permit is not required for the project from the U.S. Army Corps of Engineers or the Oregon Department of State Lands. Citv of Tigard Sensitive Lands The trail will be constructed within the 100-year floodplain of the Tualatin River; therefore, a City of Tigard Sensitive Lands Permit is required to be obtained for the project. This application is being submitted to the City of Tigard pursuant to the City of Tigard's Municipal Code, Titles 18.330 "Conditional Use" and 18.775, "Sensitive Lands" and specifically addresses the code provisions found in 18.330.030 "Approval Process", 18.330.040 "Additional Submission Requirements", and 18.330.050 "Additional Development Standards for Conditional Use Types", 18.775.070 "Sensitive Lands Permits", 18.775.090 "Special Provisions for Development within Locally Significant Wetlands and along the Tualatin River, Fanno Creek, Ball Creek, and South Fork of Ash Creek", and 18.390.040B.2(e) "Impact Study". Each of the City's code sections pertaining to the proposed project is addressed independently below. Excerpts from the City of Tigard Municipal Code are italicized. Tualatin River Trail Sensitive Lands Permit Application Page 4 0 • CONDITIONAL USE PERMIT APPLICATION NARRATIVE Narrative Demonstrating Compliance with 18.330.050: Conditional Use: 18.330.030 Approval Standards and Conditions of Approval A. Approval Standards. The Hearings Officer shall approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use. The site size and dimensions are adequate to accommodate a trail. Clean Water Service standards relating to the installation of a trail within the riparian area have been met. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features. This criterion is addressed under the Sensitive Lands section of this proposal. 3. All required public facilities have adequate capacity to serve the proposal. No public facilities are affected by the trail. 4. The application requirements of the zoning district are met except as modified by this chapter. The zoning of the land through which the trail extends is R-4.5. Community Recreation is a Conditional Use within this zoning district. No other requirements of the district apply to this proposal. 5. The applicable requirements of 18.330.050. The requirements contained in this section are addressed separately below. 6 The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. No signs are included within this proposal. None of the supplementary requirements of 18.360 apply to this proposal. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the sue is compatible with other use in the Tualatin River Trail Sensitive Lands Permit Application Page 5 0 0 vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation. Park rules limit the use of outdoor recreation facilities to daylight hours. Other use rules, such as those against littering and requiring the removal of dog waste, also would apply. 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor andlor dust. The environmental regulations applicable to this project are addressed elsewhere in this proposal. 3. Requiring additional setback areas, lot area, and/or lot depth or width. . Not applicable. The proposal does not create any new lots. Setbacks are address under Sensitive Lands requirements and are addressed elsewhere in this proposal. 4. Limiting the building height, size or lot coverage, andlor location on the site Not applicable. No buildings are proposed as part of this project. 5. Designating the size, number, location andlor design of vehicle access points. Not applicable. The project does not include vehicular access. 6 Requiring street right-of-way to be dedicated and street(s)to be improved. Not applicable. 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas. Not applicable. No loading areas are proposed. 8. Limiting the number, size, location, height andlor lighting of signs. Not applicable. No signs are proposed. 9. Limiting or setting standards for the location and/or intensity of outdoor lighting. Not applicable. No outdoor lighting is proposed. Tualatin River Trail Sensitive Lands Permit Application Page 6 J 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance. Not applicable. No berms are proposed. Fill is prohibited within the floodplain of land zoned for residential use. Natural area landscaping requirements are addressed under the Sensitive Lands section of this proposal. 11. Requiring and designing the size, height, location and/or materials for fences. Not applicable. No fencing is proposed. 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas andlor drainage areas. The environmental impacts of the trail are addressed under the Sensitive Lands section of this proposal. 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100 year jloodplain. The development proposed is a greenway trail. The land through which the trail will travel is owned by Clean Water Services, which has provided an easement for the trail . 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrianlbicycle pathway plan. A pedestrian/bicycle trail is the subject of this proposal. 18.330.050 Additional Development Standards for Conditional Use Types 050-5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line. Not applicable. The proposed project does not include the construction of any buildings. b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more Not applicable. The proposed project does not include the construction of a dog park. Tualatin River Trail Sensitive Lands Permit Application Page 7 • 0 Table 18.765.2 Minimum and Maximum Required Off-Street Vehicular and Bicycle Parking Requirements: Community Recreation: Minimum: 2.0/1,000 sq ft. offloor area; Maximum: 4.0/1, 000 sq ft. of floor area; Bicycle: 0.3/1, 000 sq ft. of floor area. Not applicable. The proposed project does not involve the construction of any recreational or any other structures. SENSITIVE LANDS PERMIT APPLICATION NARRATIVE Narrative Demonstrating Compliance with 18.775: Sensitive Lands 18.775.070 B (1). Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; The section of the Tualatin River trail to be permitted and constructed by the City of Tigard has been designed to avoid an increase in the zero-foot rise floodway. The finish elevation of the trail will be at existing grade, and construction will involve excavation and placement of the gravel base and trail below existing grade to avoid any net fill in the floodplain. The City of Tigard Engineering Department has prepared a letter certifying that construction of the trail will not result in any increase in flood levels during the base flood discharge. The Tualatin River pedestrian bridge and the section of trail extending 220 feet west of the railroad trestle has been permitted by the City of Tualatin and is therefore not included in this application. The City of Tigard delegated the authority to review, approve and hear appeals for all design, bidding, permitting and construction management for that portion of the trail located within the City of Tigard to be constructed by the City of Tualatin. A flood study was conducted by the City of Tualatin, and the project was designed to ensure that it would not result in any increase in the zero- foot rise floodway. The bridge design and associated grading plan will ensure that the project will not result any increase in flood levels during the base flood discharge. 18.775.070 B 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; The proposed development is a trail for the purpose of community recreational use. The trail is a conditional use on the site, which is zoned residential (R-4.5). 18.775.070 B 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; Tualatin River Trail Sensitive Lands Permit Application Page 8 0 • The proposed trail is located within the 100-year floodplain. The grading plan will ensure that the project does not result in any increase in the flood elevation. The finish elevation of the trail will be at existing grade. Construction will involve excavation and placement of the gravel base and trail below existing grade to avoid any net increase in fill to be placed in the floodplain. 18.775.070 B 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely, The proposed development is a segment of the Tualatin River Trail designed in accordance with the City's pedestrian/bicycle plan. 18.775.070 B 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood, The trail will be above the elevation of the average annual flood. The trail is located beyond the top of bank of the Tualatin River which is above the elevation of the average annual flood. 18.775.070 B 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals shall be obtained, The section of the Tualatin River trail to be permitted and constructed by the City of Tigard is located above the top of bank of the Tualatin River and outside delineated wetland areas on the Durham Wastewater Treatment Plant site. No wetland or stream impacts are proposed; therefore, a wetland permit is not required for the project from the U.S. Army Corps of Engineers or the Oregon Department of State Lands. A Service Provider Letter has been obtained for the project from Clean Water Services. 18.775.070 B 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The project will be constructed on an open space area owned by Clean Water Services. This area is planned for an upcoming native oak savanna restoration project by Clean Water Services. The trail is located immediately adjacent to Cook Park and will provide access to the greenway corridor along the Tualatin River as well as to the Tualatin Community Park and Durham City Park. Narrative Demonstrating Compliance with 18.775.090: Special Provisions for Development within Locally Significant Wetlands and along the Tualatin River, Fanno Creek, Ball Creek, and South Fork of Ash Creek A. 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 Tualatin River Trail Sensitive Lands Permit Application Page 9 • 0 partially within a significant wetland, except as allowed/approved pursuant to Section 18.775.130. The project does not propose any development within a significant wetland. Wetland F-21 is mapped to the south of the proposed trail alignment, and wetlands F-19 and F-26 are mapped to the north of the proposed trail alignment on the City of Tigard "Wetlands and Streams Corridors Map". The project does not propose any impacts within these mapped wetlands. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to doarian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Bali Creek, and the South Fork of Ash Creek. 1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with. Section 18.775.130. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. Clean Water Services requires a 125 foot vegetated corridor adjacent to the Tualatin River. The majority of the vegetated corridor was determined to be in degraded or marginal condition according to Clean Water Services standards. A portion of the vegetated corridor was determined to be in good condition; however, the good condition area is less than 125 feet wide. A 125 foot vegetated corridor will be maintained on the site. Minor encroachments into the vegetated corridor are proposed to construct the trail. No encroachments are proposed in the portion of the vegetated corridor determined to be in good condition. A natural resource assessment and vegetated corridor mitigation plan was submitted to Clean Water Services for proposed trail impacts to the 125 foot vegetated corridor. A Service Provider Letter has been issued for the project by Clean Water Services. 2. The standard width for "good condition" vegetated corridors along Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS "Design and Construction Standards"; or modified in accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map') is located within the 50 foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. Not applicable. The site is not adjacent to Fanno Creek, Ball Creek or the South Fork of Ash Creek. 3. The minimum width for "marginal or degraded condition" vegetated corridors along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the Tualatin River Trail Sensitive Lands Permit Application Page 10 0 • standard width, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with Section 18.775.130. Clean Water Services requires a 125 foot vegetated corridor adjacent to the Tualatin River; therefore, the minimum width required by the City of Tigard is 62.5 feet for marginal or degraded condition vegetated corridors. The. majority of the vegetated corridor was determined to be in degraded or marginal condition according to Clean Water Services standards. Minor encroachments into the degraded condition vegetated corridor are proposed to construct the trail; however, a 125 foot vegetated corridor will be maintained on the site. A natural resource assessment and vegetated corridor mitigation plan was submitted to Clean Water Services for proposed trail impacts to the 125 foot vegetated corridor. A Service Provider Letter has been issued for the project by Clean Water Services. 4. The determination of corridor condition shall be based on the Natural Resource Assessment guidelines contained in the CWS "Design and Construction Standards". The determination of the vegetated corridor condition is in accordance with Clean Water Services Design and Construction Standards, Resolution and Order #04-9, March 2004. 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated corridors, except as allowed below: a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the City per Section 18.775.070 and by CWS "Design and Construction Standards",- Not applicable. The portion of the trail to be permitted and constructed by the City of Tigard will not cross the vegetated corridor from one side to the other. The proposed pedestrian bridge over the Tualatin River has been permitted by the City of Tualatin and is therefore not included in this application. The City of Tigard delegated the authority to review, approve and hear appeals for all design, budding, permitting and construction management for that portion of the trail located within the City of Tigard to be constructed by the City of Tualatin. b. Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone, gas, cable, etc.), if approved by the City and CWS; Tualatin River Trail Sensitive Lands Permit Application Page 11 • it Not applicable. C. A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design and Construction Standards"; The path is 10 feet in width and has been designed to meet Clean Water Services Design and Construction Standards. d. Grading for the purpose of enhancing the vegetated corridor, as approved by the City and CWS; Not applicable. e. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as approved by the regulating jurisdiction; Not applicable. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the City and CWS; Not applicable. g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways, driveways, utilities, accessory uses, or other developments provided they are consistent with City and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS "Design and Construction Standards. Not applicable. 6. Land form alterations or developments located within or partially within the Goal 5 safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Division of State Lands, and/or other federal, state, or regional agencies, are not subject to the provisions of Section 18.775.090.B, except where the: a. Land form alterations or developments are located within or partially within a good condition vegetated corridor, as defined in Sections 18.775.090. B.1 and 18.775.090. B. 2; Not applicable. The proposed trail is not located within a good condition vegetated corridor. The portion of the vegetated corridor to be impacted by the project is in degraded condition. Tualatin River Trail Sensitive Lands Permit Application Page 12 0 0 b. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as defined in Section 18.775.090.B.3. The minimum required vegetated corridor width for the marginal or degraded condition vegetated corridor is 62.5 feet (50% of 125 feet) from the Tualatin River. The trail proposes minor encroachments within the minimum 62.5 foot vegetated corridor at the northwest extent of the trail due to the need to connect the new trail segment to the existing trail stub at Cook'Park. These exceptions reflect instances of the greater protection of riparian corridors provided by the safe harbor provisions of the Goal 5 administrative rule. Narrative Addressing Chapter 18.390.040 B.2.(e): Impact Study The impacts of the proposed project on public facilities and services are addressed below. Transportation system The proposed trail project will not impact the transportation system. The proposed trail is not located adjacent to any roadways. Bikeways The proposed trail will connect to an existing trail segment at Cook Park and to the Durham Trail. The trail will result in improved recreational opportunities for neighborhood residents and will provide access to Cook Park, Tualatin Community Park and Durham City Park as well the greenway along the Tualatin River. Drainage system The construction of the trail will result in a small increase in impervious area on the site. Stormwater runoff from the trail will flow into the vegetated corridor adjacent to the Tualatin River: The vegetated corridor will provide some water quality treatment for runoff from the trail. No water quality treatment or detention is proposed for trail runoff since the increase in impervious surface is small, and no inputs of pollutants are anticipated since trail users will consist of pedestrians and bicycles. The trail is not expected to have a negative impact on the drainage characteristics or water quality of the Tualatin River. Parks system The proposed trail will connect to an existing trail segment at Cook Park and to the Durham Trail. The trail will result in improved recreational opportunities for neighborhood residents and will provide access to Cook Park, Tualatin Community Park and Durham City Park as well the greenway along the Tualatin River. Tualatin River Trail Sensitive Lands Permit Application Page 13 Water system No water lines are located within the project alignment; therefore, the project will not have any impact upon the water system. The project will not result in an increase in the number of consumers of the water system. Sewer system No sewer lines are currently located within the project alignment; therefore, the project will not have any impact upon the sewer system. The project will not result in an increase in the number of consumers of the sewer system. Clean Water Services has a future planned project to construct an outfall from the Durham Wastewater Treatment Plant to the Tualatin River. The City of Tigard Engineering Department has coordinated with Clean Water Services during the design of the Tualatin River trail project to ensure that construction of the trail will not adversely impact Clean Water Services future outfall project. Noise impacts of the development Construction of the trail will result in a short-term increase in noise levels due to the presence of construction equipment. The proposed trail is located adjacent to Cook Park and may have a short- term impact to park users. The proposed trail is located approximately 0.25 mile from the nearest residential neighborhood, and it is unlikely that the construction noise will pose more than a very minor temporary impact to nearby residents. Regular use of the trail will have the usual low noise levels associated with similar sized recreational facilities. Since the project area currently contains a dirt footpath that is regularly used for recreational purposes, the project is not expected to result in a long-term increase in noise over current levels. Narrative Demonstrating Compliance with Chapter 18.790: Tree Removal Site vegetation in the proposed trail alignment consists predominantly of non-native grasses including bentgrass, meadow foxtail and tall fescue. Enhancement of the vegetated corridor along the Tualatin River was conducted by Clean Water Services within the last few years. Tree plantings noted in the southern and western portions of the field closest to the Tualatin River included red alder, western red cedar, big-leaf maple, Douglas fir and Oregon ash. Tree plantings noted further north and east from the river included Douglas fir, big-leaf maple, Oregon white oak and ponderosa pine. The trail alignment has been located to minimize impacts to recent enhancement plantings on the site. The locations of enhancement plantings in close proximity to the proposed trail alignment in the west portion of the site were surveyed by the City of Tigard and are shown on the construction drawings. Prior to the start of construction, 3 enhancement plantings located within the construction easement will be relocated outside of the construction corridor to avoid impacts. No trees will be removed for the trail project; therefore, no tree mitigation is required to meet City of Tigard requirements. c Tualatin River Trail Sensitive Lands Permit Application Page 14 Map Features Cook Park Construction Easement I ! Path i Taxlots City Boundary Parks I I Open Water Streams Streets Railroad Note: An additional 25 feet has been added to the vegetated corridor to compensate for the estimated +/-25 ft map accuracy of the location of the top of bank of the Tualatin ity of Tigard River. The top of bank was mapped based on aerial photograph interpretation. Wa lands At Durham Wastewater v. P io Trail Segment m to be constructed r . by city of Tigard ° z y c. o c Tualatin County Club Tracts ~yt jadn LIL I ` I I ~I Trail Segment L Cityo tai to be constructed by City of Tuala Jr Tualatin Courdry Club N Feet SWCA 0 50100 200 300 ENVIRONMENTAL CON5ULTANTS Data source: METRO RUS, 2005. DuMam City Park City urham r l / Future Tual 1 River P esbjan Brid ~ I t ' J Tualatin River Trail Site Location 8734-199 I FEB 2006 f FIGURE 1 } Beaveton mRU. .mac ytJn C it of Miles Altitude Profile Iw'aL^ R.r r•11 R~.urvn0 Strr4 r~'r RnoO 7•n^v RwC Luan, Fqn. riA140•t L~.I.~rtrrtr Rn'r• 600 Soo I I i i 00 200 y f t _I t 1 I ~ ~ I 100 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0 Miles nJ Completed trail • Transit center Fanno Creek watershed Scheduled for construction ° light-rail transit Wamoo parks and open spaces (oobecomPktedbyDec 2002) ~ Future commuter rail lndl^d~m+~MUObonumav~ewontetz aar Proposed trail an smian (aligromm are wromVtwo Railroad tracks Schools SWCA Tualatin River Trail ENVIRONMENTAL CONSULTANTS REGIONAL FANNO CREEK GREENWAY TRAIL MAP Data Sowce: METRO Regional Parks and Greanspaces.zz 8734-199 1 29 SEP 2005 1 FIGURE 2 .u a k ^yt: air. ®d' fridge 7+..•t•ri.•ir 1ify4 y . .L 14 0 • TGARD Map Features VECO Condition Good d Degraded COOK PK • Vegetated Corridor Sample Plot MITIGAT~N SITE' . - 3 ; / Path fod Permanent Impacts Shoulder Study Area Boundary y r Taxlots . z : ' ~ %Vtkttands Vegetated Corridors Top of Bank 1r~ \j X C . - Note: An additional 25 feet has been added to the vegetated PERMANENT! ' ~IMPACT: 3432 SQFT. Ott corridor to compensate for the estimated +1-25 ft map / acaaacy Of the location of the top of bank of the Tualatin Ricer. The top or he vras mapped based an aerial ta photograph interpretation. Dera aowce: METRO RLIS, 2005. Photo. METRO, 2007. 8734-199 1 FEB 2006 1 FIGURE 3 N Feet Tualatin River Trail I SWCA 0 50 100 200 300 ENVIRONMENTAL CONSULTANTS Vegetated Corridor Impacts • 0 .h Map Features • Vegetated Corridor Sample Plot Wetland (approx. boundary) .'p a<xI ,Y" "AF' ,t Taxlots . ze 4{ Mitigation Area Y , ~;y +y xJ CWS Vegetated Corridor (25ft) 2S114AD00100 CWS iz 4" % Vegetated Corridor Mitigation Area For Fanno Greek Trail ' r (8520 •sq ft.); ,y mg P Ot. f \r J / f J s~ fit, Feet N i. 0 25 50 100 150 Date source: METRO RLIS, 2005 Photo, BPS, 2002. k. SWC A Fanno Creek Trail -Cook Park to Tualatin River Segment ENVIRONMENTAL CONSULTANTS Vegetated Corridor Mitigation 8734-199 I NOV 2005 I FIGURE 4 INDEX OF SHEETS 1 LAYOUT - 1+00 TO 6+80 2 LAYOUT - 6+80 TO 12+60 3 LAYOUT - 12+60 TO 14+54.34 0 AT1ENIXWr b - cpu:n 1. I.so. n".. eGap lM by U• begun Uriilr worifcorion Cap• nrd. Tnof. rvler d. nr brn w 931-001-mlo ll-o as 951-wt-owo rw m.r mre:r cope or m. cwn er c..:q u. cm1r. (wer•: u _ rw.anoo• .wme•c roc 1M b•oan uNar N.arcegoo ® CALL 0601E 7011 OIC 1-800-JJ2-2344 CITY OF TIGARD OREGON PLANS FOR PROPOSED PROJECT TUALATIN RIVER TRAIL PAVED PATHWAY FROM CONCRETE PATH TO RAILROAD TRE88EL A " A j ~Y ly ~.d rte,` ~ p Y r • Y / WIT LDCOIF ar/ VICINITY MAP TO BE SUPPLEMENTED BY THE CITY OF TIOARD DESIGN STANDARDS DATED JULY 15. 1188 I I I I COOK PARK I I I I II I PROJECT LGIOT-1 iw~Er ~ II- 4 ~ ~ ~ ~,mA. mA~la• \PROJECT L/MlT8 i - PRELIM/NARY ora.r~w r~ low CITY OF TIGARD ENGINEERING DEPARTMENT 13125 S.W. HALL BLVD. .O+ 2 TIGARD. OREGON 97223 VOICE: 503-639-4171 S r B c q I FAX: 503-624-0752 TIIUATd grvlq COOK PAgX TRAA ...i WWW.CI.TIGARD.OR.US I m® nnr- 1 +xTr 9 I I ~~Q I I I CURVE DATA Curve I I m, I I (R, 1 I" 1 23' ~ C1 l 0 PC 1+01.18 2.163 67-41-50 1.141 20 I PT ,+24.61 I I I I I € L p p 6 C7 1 1 PCPT 3+72 2+01 12 15 1 12217177-46-24 I 7259 1 90 I 1 1 WI ' ~ 5' I 5' ~f 2' IW - _ 1 CJ PC 4+31.05 I 1 2550 112-10-33 1 1280 1 120 1 PT 4+56.55 PC 5+25.69 I I ?y J/4'-O' Shoulder 4' P.C. ` 1 Concrete 1~°YX 1 \ T - F. I C4 I 90.24 14.3-05-18 1 4738 1 120 PT 6+ 13 91 I I rock (fop) 1 y✓ s-2x / \ . \x\ T - V \ xGO- F T• / k + ` \ b ` Compacted aubgrode 4" thick 314 '-O' roc 2r °*rv.,\ ow 7 thick 2-O rock 7rPicAL sECnoN PHASE I " uu rqrq1 f ^lb l~~ mm 2 W I o FIR 2 REL I G FIR ] q MAPI.~'/ wrnoRI I' y \L4 N 0 130 120 'O 1+00 r w PRti 5. , y nn n l0 FIR 2' ' IN IIED R s' i , i 25 i\ S 6 ~ 99 R IgREL axfatin es atorta A~ 1Ty&ts dbecfed by Enghser x a field (nP) n<% 36' E gI W I € 2' I 5' ~ ♦ P Rem I \ I C -1 ' ~ ~ ` on 1/4 -0 Shoulder • \ P ; ( <M) S=?R >C" W \ 4 " K_P_O/ ELEY W (,7O Compacted aubgrode f 4' thick J14 rock over 7' thick rock W POIN STA 7, 0833 T s7 A L PN S A - r+8. ~ TYPICAL SECnON PN EL Y I I6.: 9 A.DI=7.00_ PHASE 1 Ilk pP 16 .67 ' h l4^ O I + - Y 10 i h~ N mb bti n m~ Te `6b nb 4 b^ ` T;6 b b ~ b 2+00 Prop, aid grodq' of f `EWst' Ig ground of j SID blb 'JR N~ an ,an b^ ob 0~ O~ X45 ~nm r'abi 6b 16 ._b _b u?,j !Ob ti1C hb nb e16 .3+00 - 4+00--- ----5+00 _ q ,D h I~ I w [-RELIM/NARY a.[el ,e Iexr AMD [[rasa ro Aor uar na ouanacno. DRAWING PLOTTED AT HALT THE NOTED SC" _p ..q ~ vH hnt vl~ 'oh ~ nb 6+00 DAIS I REN90N 1 N0. BY 1 , I SCAL[: 1- - 20' p-~ DE9CNm BY R ! qu CITY OF TIGARD ENgNEERING DEPARTMENT TUALATIN RIVER TRAIL I _ I : oaAVw ~A otEam er vtN- a+ ``,A4 4 13125 S.W. HALL BLVD. TIGARD, OREGON 97223 VOICE: 503-639-4171 I CONCRETE PATH TO RAILROAD _ _ _ _ - /LE LOCA110N:N:\[ND\a003-a Ff CWr\TDAIATRI i PAMOM , DATL 10t/a%/l01 PIIg_CT NO. 311 ~ Nom' IrnO a:er-I FAX: 503-664-7297 WWW.CLTIGARD.oR.us - - LAYOUT 6 PROFILE -1+00 TO b80 SHEET L1 t OF 3 HIGH POINT E[EV - 019.07 HMG/ POINT STA - 9+02.73 PN STA - 9+00 AD- -110 PRELIM/NARY urn DRAWING PLOT= AT HALF THE NOTED SCALE CURVE DATA cume I~"I I A I T R PC 6+ O IPRC 7+58.98 I1'79'57 199-57-M I 92.28 80 O I PRC 9+869 I' 102.72 173-.73-55 I 59.81 I 80 C7 I PCC 9+Ai9~ II 84'0 180-13-57 I 50.55 I 57 O I P 10+30." + 8100 I IM-22-58 I 44.98 I 005 O IPT 11+5f.89 I IM87I 75-49-371 8231 I 80 I K - 54.55 I 1J0 so bC ~ { 130 a 05 _ ^i ~ tl o S Ha ° 125 I a I b r 125 ~ o 0 f ¢ ^ 8 r Et th E F," to ~ t 20 m ~ ae o S ¢ 8 bv ofA 1 nan; I- - - p - I I I - - tr I I " -I- I - I 1n~yn l _ I ~ I I I ~t vrodo of . ~ 120 115 Edsv vroun4 of G - -0.5.1i - 115 of E IoBonbrv rnwtran ~y othan 110 Ito q~ •'1~ h h 0.b b~ Tp, ^1~ hC h N N m h '1 h r61 7+00 8+00 9+00 10+00 11+00 12+00 DATE I REN90n 1-1 - r - zo• I xArE: •m . CITY OF TIGARD SHEET T U A L A T I N RIVER TRAIL I DrEmm I I I _9aE9 Or. O [i a K" . ENONEERJNG DEPARTMENT L2 I I I p oaAwr en ~ Z : 13125 SW. HALL BLVD. 1713 Vq~• 0 539- CONCRETE PATH TO RAILROAD poE0 Der. W 4 5 3- 2 1 1 mm. n/v/v ' m-T e° sly/ FAX- 503-884-7297 - WWW.CI.7IGARD.OR.US LAYOUT a PROFILE - 6+80 To 12.20 OF 3 ME LOCAMW R\DW\U07-=4 n CWVWA ATIW M DI PAINARO I PRQECT Mb. 511 _ o y ~~m 0 + x1 1-- 1 - --I-Q~~=== \ s 1 1 s, II ~ II - ~ Q•II Ilp - - III 19"'°R>o•\\ - ~ -I n..mx I Imo, I I I u0 130 (by othtro) 125 EsbfMg grod~ G pd~ I 1125 ercowt an 110 Proposec re,lshed by othe 's V 120 -o so# P 115 . - 115 _ brads s. follos6 g - sxcowfF n by o1h,ro - _ r - 7- 110 O O, q ~ N h N O .110 13+00 14+00 DATE I REVMW I NQ I BY SCAIE: 1' 20' I I I m 4emn++ I Q DE9o1m BY: R e XY1 I I I h DRAW, %1 Im, ®eA~ • I I I I DNEam er, vTx iy r I I I p DATE "/./.x 11L IODATION: R:\ERD~300]-20M rv GP\1UA41w RIWm PATILM I PRO[cT RD. 611 CURVE DATA Curve l II (m I I tm I~ 0 1 PRC 11+56.75 11 126.61127-17-28 1 65.55 1 270 PRC 121" Il I ,,R, I, 45.36 1 67.90 119-27-08 1 3+.28 1 100 1 PTC 14+1,128 1 22'17 1111-06-37 I 11.16 1 200 NOIE E,Wlhg grade as shown is grade of tMe of Wd. Ad)oMMg pro)vatb contractor to ercowfed to grade as shaven on porrds CITY OF TIGARD ENGINEERING DEPARTMENT 13125 S.W. HALL BLVD. TIGARD, OREGON 97223 VOICE: 503-639-4171 FAX: 503-684-7297 WWW. CI.nGARD.OR.US I PRELIMINARY II serer nr Ar1er Ave eaeeNe W WT YY nfT D.enIM 3a 1D0.5 DRAWING PLOTTED AT NALf THE NOTED SCALE I. SHEET TUALATIN RIVER TRAIL L3 CONCRETE PATH TO RAILROAD 3 LAYOUT 6 PROFILE - 0#80 TO 12.20 OF 3 1 MEMORANDUM TO: Duane Roberts FROM: Matt Stine, City Forester RE: Cook Park Trail Extension DATE: April 17, 2006 As you requested I have provided some comments on the "Cook Park Trail Extension" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.745.030 E. Protection of Existina Landscapina. Existing vegetation on a site shall be protected as much as possible: - 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans. (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. The applicant shall establish fencing as directed by the City Forester to protect the trees to be retained. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or citations can be processed. 2. TREE REMOVAL 18.790.030, Tree Plan Reauirement A. Tree plan reauired. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. As required, the applicant submitted a tree plan (dated April 1, 2006) conducted by Kay Kinyon, certified arborist. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city, The Arborist Report identified the location, size and species of all existing trees, consistent with this standard. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section _ 18.790.060D of no net loss of trees; _ b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. No trees are going to be removed as part of this project so tree mitigation is not required. 3. Identification of all trees which are proposed to be removed, No trees are going to be removed as part of this project. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The guidelines for tree protection are outlined below under "Conditions of Approval". D I FJ 18.790.040 Incentives for Tree Retention B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. CONDITIONS OF APPROVAL Meetings Prior to any site clearing or construction, a meeting shall take place onsite with the general contractor in charge of site clearing and the City Forester. The purpose of these meetings will be to introduce the parties involved to the specifications and sensitivity needed for the protection and preservation of trees onsite and offsite as well as their growing environment. Tree Protection Prior to any site work the applicant shall install all proposed tree protection fencing. The fencing shall be inspected and approved by the City Forester prior to commencing any site work. The tree protection fencing shall remain in place through the duration of all of the building construction phases. Tree protection fencing shall be placed away from the trees' trunks at a rate of one foot for every inch of diameter. For example, a 20 inch diameter tree must have at least a 20 foot radius zone of protection. If any construction activities occur within the tree's root protection areas the City Forester must oversee the work being done. Any area that will be graded must first be air-spaded in order to see the root system. If the City Forester determines that too many large roots will be cut or the required work will be harmful to the tree(s) then alternatives must be explored such as modifying the location of the path or building the trail on top of existing grade with geotextile fabric as the underlayment. • TREE ASSESSMENT April 17, 2006 City of Tigard RE: Cook Park Path Tigard, OR Common Name I Specie I DBH I Condition 001 Oregon Ash Fraxinus latifolia 33 Good 002 Grand Fir I Abies grandis 123 I Poor 003 I Biq Leaf Maple Acer macrophyllum 10 Poor 004 Big Leaf Maple I Acer macrophyllum 8 I Poor 005 Big Leaf Maple Acer macrophyllum 19 1 Poor 006 I Oreqon Ash Fraxinus latifolia 10 Very Poor 007 I Hawthorne Crataegus 111 I Fair 008 Oregon Ash Fraxinus latifolia 12 Fair 009 Oregon Ash I Fraxinus latifolia 16 Fair 010 Western Red Cedar Thuja plicata J 32 Good 011 Oregon White Oak I Quercus garryana 135 Good 012 Big Leaf Maple Acer macrophyllum 19 Very Poor 013 Oregon White Oak I Quercus garryana 134 1 Good 014 Douglas Fir Pseudotsuga menziesii 16 Very Poor 015 Willow Salix 16 Fair 016 Hawthorne Crataegus 6 Fair 017 Red Alder Alnus oregona 16 Fair 018 Red Alder Alnus oregona 10 Fair 019 Red Alder Alnus oregona 11 Fair 020 Red Alder Alnus oregona 9 Fair 0 Height/Additional Comments 70', mature 70', dead top, roots undermined 30', roots undermined 20', roots undermined 20', 2 stems: 6,7, undermined 30', dead top 140' 40' 40' 60' 70' 25', broken top, trunk decay 60' 25', undermine, not tagged, waters edge 25', undermined, waters edqe 20' 30', undermined, leans, not tagqed, waters edge 30', undermined, leans, not tagged, waters edge 30', undermined, leans, not tagqed, waters edge 30', undermined; leans, not tagqed, waters edqe Common Name 021 Red Alder 022 I Red Alder 023 Hawthorne 024 Red Alder 025 Big Ldaf Maple 026 Apple 027 Red Alder 028 Red Alder 029 Douglas Fir 030 Red Alder 031 Oregon Ash 032 1 Cherry 033 I Big Leaf Maple 034 Big Leaf Maple 035 1 Big Leaf Maple 036 I Douglas Fir 037 I Douglas Fir 038 I Oreaon Ash 039 I Oregon White Oak 040 1 Oregon White Oak 041 1 Douglas Fir 042 I Douglas Fir 043 1 Douglas Fir 044 I Douglas Fir 045 I Douglas Fir 046 1 Douglas Fir 047 I Douglas Fir 048 1 Douglas Fir 049 1 Douglas Fir 050 1 Douglas Fir 051 1 Douglas Fir 052 I Douglas Fir 053 1 Big Leaf Maple 054 I Douglas Fir 055 I Douglas Fir 0 Specie Alnus oregona I Alnus oregona Crataegus Alnus oregona Acer macrophyllum Malus Alnus oregona Alnus oregona Pseudotsuga menziesii Alnus oregona Fraxinus latifolia 1 Prunus 1 Acer macrophyllum Acer macrophyllum • DBH I Condition I Height, Additional Comments 16 Fair 30', undermined, leans, not tagged, waters edge 7 I Good 125' 6 Poor 30', undermined, leans, not tagged, waters edge 17 Fair 30', undermined, leans, not tagged, waters edge 12 Fair 30', undermined, leans, not tagged, waters edge 10 Fair 30', undermined, leans, not tagged, waters edge 29 Fair 35', 2 stems: 23,18, undermined, not tagged, waters edge 16 Fair 30', undermined, leans, not tagged, waters edge 26 Fair 40', 3 stems: 16,17,12, undermined, not tagged, waters edge 11 Poor 40', dead top, undermined, leans, not tagged, waters edge 9 Poor 30', dead top, undermined, not tagged 17 1 Good 1 30' 7 1 Fair 120', undermined 12 Very Poor 20', 2 stems: 9,8, broken top, trunk decay Acer macrophyllum 1 6 I Good 120' Pseudotsuga menziesii 125 I Good 180' Pseudotsuga menziesii 124 I Good 180' Fraxinus latifolia 1 17 I Poor 1 60', mature Quercus garrvana 1 12 1 Good 150' Quercus garryana 112 1 Good 150' Pseudotsuga menziesii 19 I Poor 140', suppressed Pseudotsuqa menziesii 18 Poor 140', broken top, suppressed Pseudotsuga menziesii 1 14 Fair 160', high crown Pseudotsuga menziesii 26 I Good 1 80', 2 stems: 9,26 Pseudotsuga menziesii 12 I Fair 150', 2 stems: 10.,7 Pseudotsuga menziesii 1 11 I Fair 150' Pseudotsuga menziesii 17 I Poor 135', broken top, suppressed Pseudotsuga menziesii 1 7 1 Poor 140', broken top, suppressed Pseudotsuga menziesii 125 I Good 1 80' Pseudotsuqa menziesii 112 I Poor 140', broken top Pseudotsuga menziesii 115 I Good 180' Pseudotsuga menziesii 1 42 I Good 1100' Acer macrophyllum 1 21 1 Good 170' Pseudotsuga menziesii 1 10 1 Fair 140', suppressed Pseudotsuga menziesii 18 I Poor 130', broken top, suppressed Common Name I Specie I DBH I Condition I Height, Additional Comments 056 I Douglas Fir I Pseudotsuga menziesii 110 I Poor 140', broken top, suppressed 057 I Big Leaf Maple I Acer macrophyllum 123 I Good 170' 058 I Douglas Fir I Pseudotsuga menziesii 113 I Good 170' 059 I Big Leaf Maple Acer macrophyllum 10 Fair 150' 060 I Grand Fir I Abies grandis 18 Good 125' 061 I Douglas Fir I Pseudotsuga menziesii 14 I Good 70' 062 I Grand Fir I Abies grandis 17 I Fair 120' 063 I Western Red Cedar Thuja plicata 20 Good 160' 064 I Douglas Fir I Pseudotsuga menziesii 137 I Good 1100' 065 I Douglas Fir I Pseudotsuqa menziesii 136 I Good 100' 066 I Douglas Fir I Pseudotsuga menziesii 137 I Good 1100' 067 I Douglas Fir I Pseudotsuga menziesii 115 I Fair 150' 068 I Grand Fir I Abies qrandis 124 I Good 180' 069 I Big Leaf Maple I Acer macrophyllum 119 I Fair 155' 070 I Big Leaf Maple I Acer macrophyllum 17 I Poor 25' 071 I Western Red Cedar I Thuja plicata 118 I Good 145' 072 I Douglas Fir I Pseudotsuga menziesii 139 I Good 1100', root legs 073 I Western Red Cedar I Thuja plicata 12 I Poor 120', broken top 074 I Douglas Fir I Pseudotsuga menziesii 35 1 Fair 1100', broken top, dieback in crown 075 I Western Red Cedar I Thuja plicata 120 I Poor 145', dead top, dieback in crown 076 Douglas Fir Pseudotsuga menziesii 16 Very Poor 60', hazard, leans 30 degrees, uproot 077 I Douglas Fir I Pseudotsuga menziesii 118 I Poor 160', dieback in crown 078 I Big Leaf Maple I Acer macrophyllum 123 I Good 170' 079 I Douglas Fir I Pseudotsuga menziesii 122 I Fair 170' 080 I Douglas Fir I Pseudotsuga menziesii 136 I Good 1110' 081 I Big Leaf Maple I Acer macrophyllum 117 I Good 160' 082 I Big Leaf Maple I Acer macrophyllum 122 I Good ( 70' 083 I Big Leaf Maple I Acer macrophyllum 112 I Fair 160', 2 stems: 11,6 084 Douglas Fir Pseudotsuga menziesii 46 Poor 90', 2 stems: 32,9, 32" stem is dead 085 I Big Leaf Maple I Acer macrophyllum 125 I Fair 70', leans N 086 I Douglas Fir I Pseudotsuga menziesii 126 I Good 1100' 087 I Doualas Fir I Pseudotsuqa menziesii 116 I Fair 180', broken top 088 I Douglas Fir I Pseudotsuga menziesii 136 I Good 1110' 089 I Grand Fir I Abies grandis 19 I Fair 120' 090 I Douglas Fir I Pseudotsuga menziesii 125 I Good 1100' 091 I Douglas Fir I Pseudotsuga menziesii 129 I Good 1100' 092 I Western Red Cedar I Thuja plicata 116 I Good 145' 093 Big Leaf Maple Acer macrophyllum 33 Poor 70', 3 stems: 20,19,20, 19" stem is dead, dieback in crown 094 I Western Red Cedar I Thuja plicata 113 I Good 145' 095 I Western Red Cedar Thuja plicata 1 15 1 Good 140' 096 I Biq Leaf Maple Acer macrophyllum 127 I Fair 160', 4 stems: 8,15,14,16 097 I Western Red Cedar I Thuja plicata 113 I Poor 140', thin crown 098 Big Leaf Maple Acer macrophyllum 22 Very Poor 75', 18"x36" cavity above ground level W side Common Name I Specie I DBH I Condition 099 Big Leaf Maple Acer macrophyllum 27 Very Poor 100 I Western Red Cedar I Thuja plicata 112 I Poor 101 I Western Red Cedar Thuja plicata 120 1 Fair 102 I Western Red Cedar I Thuja plicata 17 I Fair 103 Douglas Fir Pseudotsuga menziesii 36 Poor 104 I Grand Fir I Abies qrandis 17 I Poor 105 I Douglas Fir I Pseudotsuqa menziesii 1 6 I Poor 106 I Big Leaf Maple I Acer macrophyllum 115 Poor 107 I Douglas Fir I Pseudotsuga menziesii 139 I Good 108 I Pacific Dogwood I Cornus nuttallii 17 Good 109 Big Leaf Maple Acer macrophyllum 17 Very Poor 110 I Big Leaf Maple I Acer macrophyllum 116 I Fair 111 I Big Leaf Maple I Acer macrophyllum 115 I Fair 112 I Big Leaf Maple I Acer macrophyllum 116 I Good 113 I Western Red Cedar I Thuja plicata 128 I Good 114 I Oregon Ash I Fraxinus latifolia 130 I Poor 115 Oregon Ash Fraxinus latifolia 19 Poor 116 I Big Leaf Maple I Acer macrophyllum 124 I Fair 117 I Big Leaf Maple I Acer macrophyllum 122 I Fair 118 Oregon Ash Fraxinus latifolia 23 Very Poor 119 Oregon Ash I Fraxinus latifolia 127 I Very Poor 120 I Douglas Fir I Pseudotsuqa menziesii 136 I Good 121 I Big Leaf Maple I Acer macrophyllum 130 I Good 122 I Big Leaf Maple I Acer macrophyllum 117 I Good 123 I Big Leaf Maple I Acer macrophyllum 134 Very Poor 124 Big Leaf Maple Acer macrophyllum 23 Poor 125 Big Leaf Maple Acer macrophyllum 28 j Poor 126 I Big Leaf Maple I Acer macrophyllum 119 I Fair 127 I Douglas Fir I Pseudotsuga menziesii 151 I Fair 128 I Douglas Fir I Pseudotsuqa menziesii 110 I Poor 129 I Oregon Ash I Fraxinus latifolia 18 I Fair 130 I Oregon Ash I Fraxinus latifolia 116 I Fair 131 I Oregon Ash I Fraxinus latifolia 17 Very Poor 132 I Oregon Ash I Fraxinus latifolia 18 I Fair 133 Oregon Ash Fraxinus latifolia 27 Very Poor 134 I Oreqon Ash I Fraxinus latifolia 116 I Fair 135 I Biq Leaf Maple I Acer macrophyllum 116 I Fair 136 I Red Alder I Alnus oreaona 122 I Poor r~ Height, Additional Comments 90', 30"x4' cavity from ground level E side 70', 2 stems: 9,16, stem is hollow 80' 18' 100', conks at 11', 15'& 21' above ground level S side 20', thin crown, suppressed 20' 40', leans N 110' 30' 40', trunk broke at 40' above ground level 80' 70', epicormics 60' 80' 90', decay & failure N scaffolds 15', broken off at 15' above qround level 60', 2 stems: 22,10 60', 2 stems: 20,10 70', 30"x18" cavity at ground level E side 90', leans on #116, uprooted 120' 90', 2 stems: 17, 25 60' 70', over mature, cavities 70', 2 stems: 15,18, 18" stem broken off at 20' above ground level 60', 2 stems: 18,20, scaffold failure 60' 110' 20', suppressed 80', mature 70', mature 30', dead top 60', 2 stems: 14,12 40', Habitat tree, trunk broken off at 40' above ground level 60' 50' 50' dead top 1 Common Name I Specie I DBH I Condition I Height, Additional Comments 137 Red Alder Alnus oregona 17 Very Poor 50', 12"x15' cavity from ground level S side 138 Red Alder Alnus oregona 24 Very Poor 20', Habitat tree, 24"x12' cavity from ground level S side 139 I Big Leaf Maple 1 Acer macrophyllum J 28 1 Fair 70', 2 stems: 20,20, over mature 140 I Oregon Ash I Fraxinus latifolia 1 23 I Fair 1 70', 2 stems: 22,7, mature 141 I Big Leaf Maple I Acer macrophyllum 1 10 1 Fair 1 25' 142 1 Big Leaf Maple I Acer macrophyllum 19 1 Fair 1 50' 143 I Big Leaf Maple 1 Acer macrophyllum 1 15 1 Fair 1 50' 144 I Big Leaf Maple 1 Acer macrophyllum 1 17 1 Fair 1 70' 145 I Big Leaf Maple 1 Acer macrophyllum 1 23 1 Poor 1 80', 3 stems: 13,10,16 146 1 Big Leaf Maple I Acer macrophyllum J 18 1 Poor 1 80', 2 stems: 10,15 147 I Big Leaf Maple 1 Acer macrophyllum 1 15 1 Very Poor 1 80', basal decay 148 I Big Leaf Maple 1 Acer macrophyllum 1 10 1 Fair . 1 30', broken top 149 Big Leaf Maple Acer macrophyllum 22 Very Poor 60', 2 stems: 19,11, 12"00' cavity S side 150 1 Oregon Ash 1 Fraxinus latifolia 1 11 J Fair 60 151 1 Oregon Ash 1 Fraxinus latifolia 1 18 1 Fair : 1 70' 152 I Oregon Ash 1 Fraxinus latifolia 1 11 I Fair 1 30' 153 I Oregon Ash I Fraxinus latifolia 1 18 1 Good 1 80' 154 1 Apple 1 Malus 1 7 Fair 1 20' 155 I Oreqon Ash I Fraxinus latifolia 1 10 1 Fair 1 60' 156 1 Douglas Fir 1 Pseudotsuga menziesii 18 1 Good 1 30' 157 I Grand Fir I Abies qrandis 17 I Fair 125 158 I Oreqon Ash Fraxinus latifolia 1 13 Good 1 70 159 I Oreqon Ash 1 Fraxinus latifolia 1 17 1 Poor 1 50', 2 stems: 13,11 160 1 Oregon Ash 1 Fraxinus latifolia 1 6 1 Good 1 20' 161 1 Cascara 1 Rhamnus purshiana 1 8 I Poor 1 30', decay 162 I Big Leaf Maple 1 Acer macrophyllum 1 11 1 Fair 50' 163 I Biq Leaf Maple 1 Acer macrophyllum 1 16 I Good 1 70' 164 1 Big Leaf Maple 1 Acer macrophyllum 1 18 1 Good 1 70' 165 1 Oregon Ash 1 Fraxinus latifolia 1 25 1 Fair 1 50', 6 stems: 7,19,12,10,14,6 166 Big Leaf Maple Acer macrophyllum 28 Very Poor 50', 3 stems: 18,17,14, basal decay, broken top 167 Douglas Fir Pseudotsuga menziesii 33 Good 40', Broken top @ 40' above ground level Respectfully, Kay Kinyon Certified Arborist #PN0409 Tree Care & Landscapes Unlimited, Inc. 0 • Tree Protection Plan REVISED 7/27/05 SITE ADDRESS e PA elL Follow the below listed instructions in order to provide the proper protection before, during and after construction for tree # / TAN /rn7 I. Before Construction: App. Non-App. 156 ❑ a. Identify and number the trees'to be protected, verify by mapping and/or tagging and note their size in D.B.H. (Diameter at Breast Height), variety, health and structural conditions, review plans. PQ ❑ b. Check with local government agencies for tree protection ordinances. g0' ❑ c. Remove any low limbs that may be in the way of construction equipment, and prune as needed to adhere NAA standards. g ❑ d. Leave a protective covering on the soil, i.e., existing groundcover or mulch. A ❑ e. Notify all other contractors that these trees are to be saved and protected. ❑ f. Install a temporary 6' high metal no-climb fence to protect the trees and their root systems. Install tree protection sign on fence. Posts located 10' on center as a general rule. For every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as the protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally, we need to protect more than the drip zone. The drip zone into the trunk is the support roots that hold the tree up. The roots from that drip zone out provide nutrition, water and oxygen. Try to avoid loss of more than 30% of root on any one side. This allows some encroachment within the drip line. This should be determined on a case by case site conditions reviewed. (SEE ENCLOSED SITE PLAN) 1$I ❑ g. Identify any insect or disease problems that may require treatment. ❑ h. Engineer and design proposed structures and construction to avoid root loss. Bridge type foundations can save major roots. ❑I i. Design landscape islands and planting areas large enough to accommodate trees at maturity. ❑ j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities. ❑ k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the right place and proposed changes don't kill retained mature trees. ❑ % I. Consider tree removals adjacent to trees to be saved for wind related stability concerns. Residential and Commercial Spraying • Fertilizing • Pruning • Landscape Installation • Landscape Maintenance • Consultation MEMBER: National Arborist Association • International Society of Arboriculture • Oregon Association of Nurserymen . Oregon Golf Course Superintendents' Association • Oregon Landscape Contractors Association State Licensed Tree Service #62635 • Landscape Contractor #5659 • Chemical Application #000231 • Insured P.O. Box 1566 ° Lake Oswego, OR 97035 • 503-635-3165 • Vancouver 360-737-2646 • FAX 503-635-1549 Visit our website at www.treecarelandscapes.com App Non-App • ❑ m. Check for past and proposed grade and drainage changes, consider the effects. ❑ n. Check trees for stability. ❑ o. Remove all trees that would not survive the effects of change. Remove all hazardous trees. ❑ p. Minimize environmental changes. II. During Construction: ❑ a. Keep equipment off of the root system to avoid compaction. ❑ b. Keep equipment away from structure to prevent damage to trunk and limbs. ❑ c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel, paint, herbicide, cleaner, thinners, etc. ❑ d. Provide means of temporary irrigation if the project runs through the summer. ❑ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and repaired or treated according to his/her recommendations. ❑ f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning. ❑ g. Avoid trenching through the root systems, boring under them or hand digging can save roots. ❑ h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity within the drip zone or tree protection fencing for consultation. III. After Construction: ❑ a. Carefully landscape the area under the tree, being careful of the roots and structure. Use plantings that will live under the same conditions as that of the tree. ❑ gQ b. Provide insect and disease control, fertilization and pruning as needed or adhere to long-term protection plan if provided. ❑ c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep new plantings alive can often be enough to kill mature trees. ❑ d. Do not cover existing root systems with more than 2" of soil. The more soil you add, the greater the chances of damaging the root system. ❑ e. Provide irrigation and/or drainage to emulate pre-construction conditions. NOTE: This tree protection plan identifies construction protection measures to prevent unwarranted tree loss. The identified measures limit the amount of earth disturbance surrounding the trees, and limit the removal of the tree's root systems. Due to the variation of every project, it is unlikely all of the above identified measures can be practicably applied to each individual tree; nor is it likely each measure is necessary to retain each tree. Prior to the beginning of construction a meeting between a certified arborist and the necessary contractors will be held to determine the appropriate level of protection for each tree, in relation to what work needs to be completed in the tree's vicinity. On site supervision by a certified arborist will be determined and supplied as necessary. / f f r ~ , ~A ~ ~a / .4 , . 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